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Terms and Conditions of Use

Last updated : September 28th, 2009

Kanvas is willing to provide products and services at our Web site.

By using this site, the products and services available at this site, and any service, software, application, plug-in, installable software, component, functionality, or program created by Kanvas, you are agreeing to the following terms and conditions.  These terms and conditions, along with any other policies or guidelines posted or published by Kanvas, shall govern your use of this site and the product and services, whether directly or through a third-party site.  Please read them carefully before using the products and services.

Acceptance of Terms and Conditions
By visiting our site, registering with Kanvas, or each time you use a Kanvas product or service, you affirm your acceptance of these Terms and Conditions and agree to comply with them now and throughout the period of your use of the Kanvas products and services and thereafter. If you do not agree to these Terms and Conditions, then do not use the product and services of Kanvas.

Kanvas may change the terms and conditions at any time, without prior notice to you, and at our sole discretion.  The new or modified terms and conditions will be effective immediately after we publish them.  If you do not agree with the revised terms and conditions, your sole and exclusive remedy is to immediately stop using the Kanvas products and services.

Requirements for Registration for Use of Kanvas Products and Services
To obtain and use the Kanvas products and services, you may be required to complete a registration form and designate a UserID and password; you may be required to offer an email address, and perhaps complete a ‘opt-in” process; you may be required to provide a guest participant name.  Through any of these, or other Kanvas product and service access manners, you are acknowledging an agreement with the Kanvas terms and conditions agreement.

At any one of these registration manners, you agree to provide true, accurate, current and complete information about yourself as prompted, and to maintain and promptly update any registration information.

Accounts, passwords, and security
You are responsible for maintaining the confidentiality of the UserID and password, and are fully responsible for all activities that occur under your User ID or password.  You agree to notify Kanvas of any unauthorized use of your UserID or password or any other breach of security. Kanvas can not be held liable for any loss or damage arising from unauthorized use of your account.

Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Kanvas products and services.  You agree to indemnify, defend, and hold harmless Kanvas and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Kanvas products and services, or your violation of these terms.  Any unauthorized use of any Kanvas products and services is a violation of the terms and conditions and certain international, federal, and state laws.

You may not authorize any third party access or use of the Kanvas products and services on our behalf.

Use of Software
Subject to the terms and conditions of this agreement, Kanvas grants to you a non-exclusive, non-transferable, non-sublicenseable limited and revocable license to use and/or install the Kanvas products for your personal or internal business purposes in accordance with these terms and conditions; Kanvas reserves all other rights to the Kanvas products and services.  You acknowledge that Kanvas or third parties own all right, title and interest in and to the software and services, portions thereof, including without limitation all intellectual property rights.

You may use the Kanvas products and services with only one computer at a time unless the Kanvas product or services you use are explicitly designed and marketed to operate on more than one computer at a time concurrently, at which time you are limited to the explicit user count and/or computer count described.

Desktop Software
If you have licensed Kanvas software that allows you to use any appropriate Kanvas products and services on your desktop, you understand and agree that any information, materials, data, files, programs, ideas and opinions provided or made available by you through the desktop software constitutes agreement with the Use of Software section of this agreement.  Kanvas reserves the right to make unscheduled deployments of updates or enhancements to the desktop software; you acknowledge and understand that such deployments might cause certain functionality of the desktop software to become unavailable, and that outages may occur.

Term and Termination and Fair Use Policy
Kanvas reserves the right to terminate without notice your password, account or use of Kanvas products and services and delete any data within the Kanvas products and services, in our sole discretion, without cause and/or without notice.

In addition to other termination provisions, Kanvas “free” users are subject to termination if the Kanvas user does not engage in any Kanvas activity within 60 days of registration, or does not engage in any Kanvas activity for any period of 180 consecutive days.  We will send you notification emails prior to this termination event, and absent any activity 7 days after these notification emails we will close the account; any data you have stored will be lost.

Kanvas may, at our sole discretion, and from time to time, establish or amend general operating practices to maximize operation and availability of the Kanvas products and services and to prevent abuses.  As part of these practices, we reserve the right to monitor our system to identify excessive consumption of network resources and to take such technical and other remedies as we deem appropriate.  Your consumption of Kanvas products and services may be deemed excessive if you greatly exceed, within any month, the average level of monthly usage of Kanvas’ customers.  In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or product and service that will permit you to use the Kanvas products and services.  Although violations of this policy are infrequent, we reserve the right to terminate or suspend your license to the Kanvas products and services without prior notice in the event of a violation of this policy.

Privacy and Disclosure
Kanvas has established a Privacy Policy to explain to users how their information is collected and used, which is available at the Kanvas Privacy Policy page.

Disclaimer of Warranties
The software, products and services, and any third party software and services, are provided “as is”, with no warranties whatsoever.  Kanvas and such third parties expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, or warranties or conditions arising through course of dealing or usage of trade, or warranties or conditions that access to or use of the web sites will be uninterrupted or error-free.

Limitation of Liability
In no event will Kanvas, or any suppliers, resellers, partners or their respective affiliates, or other related third-party, be liable for any damages, including without limitation any indirect, consequential, incidental, special, exemplary, or punitive damages arising from or related to the Kanvas products and services.

If you are dissatisfied with the products or services, you do not agree with any part of this contract, or you have other dispute or claim with or against any Kanvas party with respect to this contract or the products and services, then your sole and exclusive remedy is to discontinue using the products and services.  Without limiting the foregoing, the total aggregate liability of Kanvas, and its suppliers, resellers, partners, and their related third parties, arising from or related to this agreement shall not exceed the amount, if any, paid by you to Kanvas for the products or services, and shall not include punitive damages or consequential or resulting damages of any nature.

Trademarks, Service marks, and other Intellectual Property
All trademarks, service marks or other similar items appearing on the Kanvas products and services are the property of their respective owners, including, without limitation, Kanvas, LLC.

The Kanvas products and services are protected by copyright and other intellectual property laws, title, ownership rights, and intellectual property rights in the Kanvas products and services shall remain with Kanvas and its licensors.

Indemnification
You agree to indemnify, defend, and hold harmless Kanvas, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this agreement by you.  Kanvas reserves the right, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Kanvas in asserting any available defenses.

Choice of law and location for resolving disputes
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict-of-law principles.  Please note that the use of the Kanvas products and services may be subject to other local, state, national, and international laws.  You expressly agree that exclusive jurisdiction for any claim or dispute with Kanvas or relating in any way to your use of the products and services resides in the courts of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of California in connection with any such dispute including any claim involving Kanvas or it affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

Billing Process for Payment of Fees and Automatic Renewal
Licenses for use of the Kanvas product and services vary in price and term, including, but not limited to, variables of participant count, storage space of original and converted files and images, advertisement displays, speed and quality of service levels, data protection levels, and more.  Kanvas products and services are offered in a “free” version, most likely with a variation of limitations on functionality, and in 3, 6, and 12 month paid licensing agreements for more complete functionality, with other license agreement term lengths available where offered.  These paid licensing agreements are paid in full at the time of registration for the paid licensing agreements.  Except as specifically set forth, all Kanvas products and services are prepaid for the time period selected and are non-refundable.

Where applicable, an automatic renewal process may be offered, and is perhaps not mandatory.  Kanvas will notify you of when licensing agreements are about to expire.

Should Kanvas bill you for Kanvas product and services on a monthly basis you agree that Kanvas will bill you exclusively in full month increments and that there will be no billing for partial months for any reason.

Billing Issues
You must notify Kanvas within sixty (60) days about any billing problems or discrepancies after they first appear on the statement you receive from your bank or credit card company or other billing company.  Send such discrepancies to the Kanvas Customer Support contact which is listed below in the Contact Information section.  If you do not contact Kanvas within the stipulated sixty (60) day period, you agree to waive the right to dispute such problems or discrepancies.

Contact Information

Kanvas, LLC
2549 Eastbluff Drive, #835
Newport Beach, CA 92660 USA

Revisions to this Policy
Kanvas reserves the right to revise, amend, or modify this agreement and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification of this agreement will be posted on Kanvas websites, and a User’s continued use of the Kanvas products or services will signify agreement to such changes.

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