Terms and Conditions of Service

Our Services are available only to individuals and business entities (including but not limited to sole proprietorships) in good legal standing that can form legally binding contracts under applicable law. The customer hereby represents and warrants that it is duly licensed to do business, and is in good legal standing in the jurisdictions in which it does business (during the term of this Agreement) that it is not a competitor of DropCanvas and that the person agreeing to this Agreement for Customer is at least eighteen years of age and otherwise capable of and authorized to enter binding contracts for the customer.

DropCanvas Services

Subject to the terms and conditions of this Agreement, DropCanvas makes certain Services available to the customer. For the purposes of this Agreement: (a) "Customer" (or "you") means the individual or business entity that is using or registering to use the Services, including its employees and agents; (b) DropCanvas "Services" means those electronic or interactive services offered by DropCanvas. DropCanvas reserves the right to change or discontinue any of the Services at any time.

You may upload to the Services or Content created by you or for which you have received express permission from the owner, so that other users may view and download said Content. You assume all risk and liability for the Content you upload. You shall be solely responsible for your own uploaded data and the consequences of submitting and publishing your data on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to DropCanvas all patent, trademark, trade secret, copyright or other proprietary rights in and to such data for publication on the Service pursuant to these Terms of Service.

You retain all of your ownership rights of your content. However, by uploading data to DropCanvas, you hereby grant DropCanvas a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, and display the uploaded data.

By uploading files/content, you agree and acknowledge that DropCanvas has no responsibility or obligation to monitor or notify you of any non-compliance related to the license you have granted, and that DropCanvas has no responsibility to enforce or police, or aid you in enforcing or policing, the terms of said license.

You, not DropCanvas, are solely responsible for the Content you upload and store on the DropCanvas servers. You bear full responsibility and sole liability for any lost or irrecoverable data. You understand and agree that DropCanvas reserves the right to delete, move, and archive (including account information) or edit any Content that it may determine violates this Agreement, its Intellectual Property Policy or is otherwise unacceptable and may terminate your access to the Services, without prior notice and at its sole discretion. You understand that you may be exposed to offending Content and waive your right to any damages.

DropCanvas offers a service which allows you to upload your personal files for storage. DropCanvas does not claim any ownership rights to your uploaded files. You acknowledge that DropCanvas does not have any obligation to monitor the Files or User Content that is uploaded, posted, submitted, linked to or otherwise transmitted using the Site or Services, for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the Files including without limitation, any information obtained by using the Site or Services. DropCanvas does not endorse anything contained in the Files or Content, or any opinion, recommendation or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may not have against DropCanvas with respect thereto.

DropCanvas may, from time to time, change the features of its services (offered) including the removal or addition of such features. Such change or modification shall not be deemed a material change for purposes of membership.

Responsibility for Access

The customer is solely responsible and liable for any and all access to and use of the Services (including all activities and transactions) by any Authorized User and/or User ID registered under Customer's account, unless such access to or use of the Services is the direct result solely of the gross negligence of DropCanvas. It is the customer's responsibility, through its systems administrator Authorized User, to set the appropriate access for each of the customer's Authorized Users.

Responsibility for User IDs and Passwords

Customer is solely responsible for maintaining the confidentiality of Customer access information, i.e. account ID's and passwords of its Authorized Users, and are responsible for all activities that occur under your account.

Notification

Customer will immediately notify DropCanvas if the customer notices any activity indicating that the customer's account or data is being used without authorization, including: (a) the customer has received confirmation of an order or orders placed using the customer's account in which the customer did not place or any similar conflicting report; or (b) the customer becomes aware of any unauthorized use of any product or service related to its account(s).

Customer Data

Customer has sole responsibility and liability for the data it stores on DropCanvas' servers. The customer controls its data through its generated link. DropCanvas encourages the customer to archive its data regularly and frequently; the customer bears full responsibility for archiving its data and sole liability for any lost or irrecoverable data. The customer agrees to maintain its data in compliance with its legal obligations. DropCanvas will delete the customer’s data upon termination of this Agreement.

DropCanvas will not store user or customer data and will not provide to third parties for any reason whatsoever, unless to law enforcement when requested.

Acceptable

You agree to NOT use DropCanvas' Service to:

  • upload, post, e-mail, transmit or otherwise make available any Content that spreads messages of terror or depicts torture or death or other illegal acts; if serious enough, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted;
  • harm minors in any way, this includes all and any form of child pornography; users involved will be permanently removed from the service, the content will be reported to the appropriate legal authority and/or the member's ISP will be contacted without notice or delay;
  • upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • upload any content related to animal’s sex, violence, scat or any other illegal content. Uploading any of the listed above files will get your account closed.

Illegality/ Adult Content

DropCanvas neither sanctions nor permits site content or the transmission of data that contains illegal or obscene material or fosters or promotes illegal activity, including but not limited to, gambling, the offering for sale of illegal weapons, and the promotion or publication of any material that may violate hate crimes legislation. DropCanvas reserves the right to immediately suspend or terminate any account or transmission that violates this policy, without prior notice. Furthermore, should said Customer violate this policy, DropCanvas will actively assist and cooperate with law enforcement agencies and government authorities in collecting and tendering information about Customer, Customer's site, the illegal or obscene content, and those persons that may have inappropriately accessed, acquired, or used the illegal or obscene content.

Wrongful Conduct

Customer shall not commit or permit wrongful or damaging acts which justify civil action including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent or intentionally inflicting emotional distress.

Access and Interference

Violations or attempts to violate DropCanvas systems or to interrupt DropCanvas services are strictly prohibited, and may result in criminal and civil liability. Examples of system violations include, without limitation:(a) Unauthorized access to or use of DropCanvas’ Services, including any attempt to probe, scan or test the vulnerability of a system or to breach security or authentication measures without express authorization of DropCanvas; or (b) Interference with Service to any customer or network including, without limitation, flooding, or deliberate attempts to overload a system and broadcast attacks; or (c) Use of any device, software, or routine to interfere or attempt to interfere with the proper working of the Services; or (d) Any action that imposes an unreasonable or disproportionately large load on DropCanvas' infrastructure. Customer shall not decompile, disassemble, decrypt, extract, reverse engineer or otherwise attempt to derive the source code of the "software tools" (including the tools, methods, processes, and infrastructure) underlying the Services

Copyright or Trademark Infringement

DropCanvas Services may be used only for lawful purposes. DropCanvas has a zero tolerance approach towards any infringement and as an ISP is in full compliance with the United States Digital Millennium Copyright Act ("DMCA"). DropCanvas operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. As part of DropCanvas' copyright policy, DropCanvas will terminate user access to the Website if a user has been determined to be an infringer as per the provisions and requirements of the DMCA.

Transmission, distribution or storage of any material in violation of any applicable law or regulation, including export control laws, is prohibited. This includes, without limitation, material protected by patent, copyright, trademark, service mark, trade secret or other intellectual property rights. If you use another party's material, you must obtain prior authorization. By using said Services, you represent and warrant that you are the author and copyright owner and/or proper licensee with respect to any hosted content and you further represent and warrant that no content violates the trademark or rights of any third party. DropCanvas reserves the right to suspend or terminate a Customer's transmission(s) that, in DropCanvas' discretion, violates these policies or violates any law or regulation.

You acknowledge and agree that you are solely responsible for the content that you upload/store (collectively "User Content"), and for the consequences of uploading, and storing such content. You agree that you will not use the Service to upload, store User Content that you did not create, or that you do not have permission to upload or store. You promise that you have all intellectual property rights (including without limitation, copyright and trademark rights), licenses, and permissions that may be needed to upload and store your User Content. By uploading and storing, you promise that doing so does not infringe any intellectual property rights of another person. You agree that you will not use the Service or the Site to store child pornography or other type of illegal content. The use of the Service or the Site to store child pornography will not be tolerated. If identified, it will be reported to law enforcement authorities and it will result in the termination of your account.

You understand and agree that DropCanvas may immediately suspend access to, terminate or remove, without notice any account or content that violates any of these prohibitions. You agree that you will comply with all applicable terms, conditions and rules regarding the use of any website, forum, or service in or through which any link to content uploaded and stored using the Service is posted or distributed. You understand and agree that failure to do so may result in the suspension or termination of your account or of access to the Service. You understand that DropCanvas does not promise that the User Content you upload or store, using the Service will be maintained by DropCanvas. You are solely responsible for creating backup copies of and replacing any and all User Content, at your own cost and expense. You agree that DropCanvas has no responsibility or liability for the deletion of, or the failure to store or to transmit any User Content. DropCanvas retains the right to create and revise limits on use and storage, upload and download speeds, maximum number and duration of look-ups or downloads, and any other aspect of the Service, at its sole discretion and at any time, with or without notice.

DropCanvas reserves the right to routinely screen, monitor, review or revise User Content uploaded or stored using the Service. DropCanvas may also review any such content and reserves the right to refuse to accept, store, or permit the sharing of any User Content, to remove any User Content from the Service, and to prevent the uploading, storage, or sharing of any User Content. DropCanvas does not endorse or support any User Content. DropCanvas does not endorse or support any User Content. DropCanvas does not guarantee the accuracy or reliability of any User Content. DropCanvas does not guarantee that User Content does not infringe third party rights, including intellectual property rights. DropCanvas does not guarantee that User Content will not be harmful or offensive. DropCanvas does not guarantee that User Content will comply with these Terms of Service. You acknowledge that any use of or reliance on User Content obtained through the Service will be at your own risk. If you become aware of any User Content that you believe violates these Terms of Service, or that is otherwise objectionable, you may inform DropCanvas.

DropCanvas permits the uploading of content and the hosting, sharing and publishing of such user uploads through links. You understand that whether or not such User uploads is published and/or uploaded; DropCanvas does not guarantee any confidentiality with respect to any uploads.

DropCanvas allows and permits linking to materials on the Website for personal, commercial and non-commercial purposes only. DropCanvas reserves the right to discontinue any aspect of the DropCanvas website at any time.

You will be solely responsible for any and all of your own uploads and the consequences of posting, uploading and publishing them. Furthermore, with uploaded content, you affirm, represent and/or warrant that:

  • You own or retain the necessary licenses, rights, consents, and permissions to use all trademarks, copyrights, trade secrets, patents, or other proprietary rights.

And

  • You will not upload, or allow anyone else to upload any material in breach of the terms and conditions referred to herein.
  • You retain all of your ownership rights in your uploads.

When submitting material (video or other communication), you further agree that you shall not:

  • submit material that is copy written, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant DropCanvas all of the licensee rights granted herein;
  • publish falsehoods or misrepresentations that could damage DropCanvas or any third party;
  • submit material that is obscene, illegal, unlawful, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense; give rise to civil liability, violate any law, or is otherwise inappropriate.

Uploads

DropCanvas does not endorse any User uploads or any opinion, recommendation, or advice expressed therein and DropCanvas expressly disclaims any and all liability in connection with User uploads. DropCanvas does not permit copyright infringing activities and infringement of intellectual property rights through its service and DropCanvas will remove all Content and User uploads if properly notified that such Content or User uploads infringes on another's intellectual property rights. DropCanvas reserves the right to remove Content and User uploads without prior notice or delay. DropCanvas will also terminate a User's access to its Service if they are determined to be an infringer. DropCanvas also reserves the right to decide in its sole and unfettered discretion; whether User uploads are appropriate and comply with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, obscene or defamatory material, or excessive length. DropCanvas may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice, and at its sole discretion.

You understand and acknowledge that when using DropCanvas.com, you will be exposed to User uploads from a variety of sources and that DropCanvas is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User uploads. You further understand and acknowledge that you may be exposed to User uploads that are inaccurate, offensive, indecent, or objectionable and you agree to waive and hereby do waive any legal or equitable rights or remedies you have or may have against DropCanvas, with respect thereto and agree to indemnify and hold DropCanvas, its Owners, operators, and/or licensors harmless to the fullest extent allowed by law regarding to all matters related to your use of the website.

You agree that DropCanvas may at its sole discretion have the right to refuse to publish, remove, or block access to any User uploads that is available via the Website at any time, for any reason, and for no reason at all, with or without notice.

DropCanvas provides its website as a service to its users. However, DropCanvas assumes no responsibility whatsoever for monitoring the DropCanvas Services for inappropriate content or conduct. DropCanvas assumes no responsibility for the content, no obligation to modify or remove any inappropriate content and no responsibility for the conduct of the User uploads of any such content. DropCanvas may review and delete any User uploads that, in its sole judgment, violates this Agreement or may be otherwise offensive or illegal; or violate the rights, harm, or threaten the safety of any User or person not associated with the Website. You are solely responsible for the uploads that you make available to any third-party website provided by the Website or any other material or information that you transmit with other Users or unrelated third-parties via the Website.

Account Termination Policy

By using our site and/or service, you agree that we are authorized to block your access and delete your files for any violation of our Terms and Conditions or for the following reason:

We have a policy of terminating (as per the provisions of the DMCA), without notice and without recourse, accounts of subscribers or account holders who are infringers of copyright, and you agree that we may apply that policy to your account or subscription in our sole judgment based upon a suspicion on our part or a notification we receive regardless of the type of proof we receive.

A User's access to DropCanvas will be terminated if, under appropriate conditions, the User is determined to have infringed.

DropCanvas reserves the right to decide whether Content or if a User's uploads are appropriate and comply with these Terms and Conditions in regards to violations other than copyright infringement or privacy law, such as, but not limited to, hate crimes, pornography, obscene or defamatory material, or excessive length. DropCanvas may remove such User uploads and/or terminate a User's access for uploading such material in violation of these Terms and Conditions at any time, without prior notice, and at its sole discretion.

Misuse of System Resources

Customer shall not misuse system resources including, but not limited to, employing content which consume excessive CPU time or storage space; utilizing excessive bandwidth; or resale of access to content hosted on DropCanvas servers.

Other Activities

Whether lawful or unlawful, DropCanvas reserves the right to determine what is harmful to its Customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the Service or the Internet. Please be aware that DropCanvas reserves the right to cancel any account or transmission they find in violation of any of the above policies. If appropriate, DropCanvas will refer complaints to law enforcement authorities, and in such case, DropCanvas will actively assist law enforcement agencies with the investigation and prosecution of any such activities, including surrendering Customer accounts and data information. Complaints about violators of our Policy should be sent via e-mail to . Each complaint will be investigated and may result in immediate cancellation of the Services without prior notice.

No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. DropCanvas Services are provided on an "as is" and "as available" basis. DropCanvas and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchant ability and non-infringement of proprietary or third party rights. DropCanvas and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) DropCanvas makes no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you, through the Service will meet your expectations, and (v) any errors in the software will be corrected; (c) any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material; (d) no advice or information, whether oral or written, obtained by you from us, or through or from the service, shall create any warranty not expressly stated in these terms and conditions.

Indemnity

You agree to defend, indemnify and hold harmless DropCanvas, officers, directors, employees and agents from and against any claims, actions or demands, including without limitation reasonable legal fees, alleging or resulting from your use of the Service, or your breach of this Agreement or other DropCanvas policies, terms and conditions.

Limitation of Liability

Your use of DropCanvas is at your own risk. If you are dissatisfied with any aspect of our service or with these terms & conditions, or any other rules or policies, your sole remedy is to discontinue use of the service. You expressly understand and agree that DropCanvas shall not be liable for any direct, indirect, incidental, special, or consequential exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (I) the use or the inability to use the service; (II) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (III) unauthorized access to or alteration of your transmissions or data; (IV) statements or conduct of any third party on the service; or (V) any other matter relating to the service.

Modifications to Agreements, Policies to our Services

Although we may attempt to notify you when major changes are made to these Terms and Conditions, you should periodically review the most up-to-date version. DropCanvas may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Services shall be deemed to confer any third-party rights or benefits. As such, we reserve the right to change these terms and conditions at any time without notice. We also reserve the right at any time to modify or discontinue the service, temporarily or permanently, with or without notice to you. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the service. You acknowledge that we may establish general practices and limits concerning use of the service, including the maximum disk space that will be allotted on DropCanvas's servers on your behalf and the maximum number of times (and the maximum duration) you may access the service in a given period of time. Further, you acknowledge that DropCanvas may change subscription fees at any time without notice. Changes in subscription fees will take effect on the expiration of any existing Customer subscription.

Termination

Without limiting other remedies, DropCanvas may immediately issue a warning, suspend (i.e., lock out access and operation of services to customer) either temporarily or indefinitely, or terminate customer's account and refuse to provide services to customer if: (a) If DropCanvas believes that customer has violated or acted inconsistently with this Agreement, or any of our policies; or (b) Customer has failed to pay fees or other payments due to DropCanvas; or (c) DropCanvas is unable to verify or authenticate any information the customer provides to DropCanvas; or (d) DropCanvas believes that the customer's actions may cause legal liability for the customer, DropCanvas' other clients, or DropCanvas. DropCanvas may also, in its sole discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of these terms and conditions may be affected without prior notice and you acknowledge and agree that DropCanvas may immediately deactivate, archive, or delete your account and all related information and data and/or any further access to such data or the Service. Further, you agree that DropCanvas shall not be liable to you or any third-party for any termination of your access to the Service. Upon termination of this Agreement by either Customer or DropCanvas, all of the customer rights under this Agreement, and DropCanvas' provision of Services will terminate immediately.

The Sections ("Customer Data"), ("No Warranty"), ("Indemnity"), ("Limitation of Liability") and this Section (“Termination”) will survive any termination of this Agreement.

Miscellaneous

These terms and conditions will be governed by and constructed in accordance with the laws of the United States excluding the body of law governing the conflict of laws. Any legal action or proceeding relating to, or arising out of these Terms, or your use of the Website, will be brought to United States and you submit to the venue and personal jurisdiction of such court. If any provision of these Terms is held to be invalid or unenforceable, such provision will be enforced to the greatest extent possible and the remaining provisions will remain in full force and effect. Headings are for reference purposes only, and in no way define, limit, construe, or describe the scope or extent of such sections. DropCanvas' failure to act with respect to a breach by the customer or others; does not waive DropCanvas' right to act with respect to subsequent or similar breaches. No action by the customer arising under this Agreement may be brought at any time over twelve (12) months after the facts occurred upon in which the cause of action arose.

Relationship

The customer and DropCanvas are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.

Assignment

Customer may not assign any of its rights, or delegate any of its duties, under this Agreement, and any attempted assignment will be null and void.

Force

Operation of our Services may be interfered with by numerous factors outside of our control and we shall not be liable to you for any delay or failure in performance under this Agreement, resulting directly or indirectly from causes beyond DropCanvas' control.

Interpretation

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck as narrowly as possible and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such sections.

DropCanvas’ Confidential Information

You represent and warrant to DropCanvas that (a) you are not a competitor of DropCanvas, (b) you shall keep publicly unannounced information and materials pertaining to DropCanvas, pre-release software, testing or testing procedures strictly confidential, and (c) you shall not use any information gained from access to the DropCanvas Website or use of the DropCanvas services to compete with DropCanvas’ business.

Exceptions

Except for other agreements or terms appearing on the Web site, this Agreement sets forth the entire understanding and agreement between us, with respect to the subject matter hereof.

Additional Information

Any questions relating to our Legal Agreements and Policies may be directed to

Refund Policy

Refunds may be granted up to 30 days from purchase

All Dropcanvas will provide full, unconditional refunds to Customers up to 30 days from the day of purchase. Customers may be asked to provide a valid reason for claiming a refund.

After the first 30 days have elapsed, a refund request will normally not be accepted unless there are convincing reasons justifying a refund. During this period, Dropcanvas will usually require a Customer to provide a satisfactory explanation as to why a refund is merited and why the request was not made earlier. Dropcanvas will determine whether or not a refund should be granted.

Dropcanvas may still consider the validity of refund claims up to a period of 60 days from the date of purchase and may issue a refund at its absolute discretion. After 60 days purchase is deemed to be final.

After a period of more than 60 days since the date of purchase, the transaction will be regarded as final. Dropcanvas will normally decline to grant a refund, except in special circumstances. It will however pass any dispute or request information on to the relevant product or service provider who may still decide to grant a refund or partial refund.

Subscriptions and recurring charges

Ongoing subscriptions and recurring charges may be cancelled at any time. The cancellation will take place from the next billing period. A cancellation will only cancel future billings. The above time periods relating to refunds will also apply in respect to each subscription or recurring charge payment. Overriding terms

A refund can only be credited to the original account from which payment was made. If such account is closed, then no refund can be granted. Dropcanvas may take steps to restrict customers that make repeated purchases and requests for refunds from making further purchases through Dropcanvas. Dispute resolution procedures

Dropcanvas reserves the right to cancel a transaction in order to comply with credit card industry regulations, payment processor and banking rules, or the need to comply with legal requirements, intellectual property rights, court orders and law enforcement agencies.

Refunds may also take place as a result of a processing error, technical problem, chargeback, threat of chargeback or any fraudulent transaction or situation which Dropcanvas reasonably considers to be potentially fraudulent, unlawful, or in breach of Dropcanvas’s prohibited items & DMCA policy or privacy policy.