Terms of Service

Terms of Service

Applicable Terms

These Terms of Service, or Terms, sets forth the legal terms and conditions of your use of services provided to you by Weasyl through the Site, www.weasyl.com. These Services include but are not limited to products and services provided through the Site as well as all elements, software, programs, and code forming or incorporated in to www.weasyl.com. The Site contains Content that consists of copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music, data, sound, and other materials . The Site is owned and operated by Weasyl LLC (henceforth Weasyl), a Delaware company. Weasyl is also referred to in these Terms as "we", "us", and "our". Participatory Areas are any areas of the Site or other resources owned and operated by Weasyl in which a user may participate in discussions, exchanges, and other such activities. These may included, but are not limited to, forums, IRC channels, and VoIP servers.

By using digital content on the Site, you agree to these Terms as set forth herein. We reserve the right to change or amend these Terms at any time without notice. Your continued use of the Site after such changes to these Terms will signify your acceptance of these changes. Any changes or amendments to these Terms will be posted on the Site.

1. General Terms

General

These Terms, the Privacy Policy, Copyright Policy, and Community Guidelines constitute the entire agreement of the parties with respect to the subject matter hereof, superseding all previous written or oral agreements between the parties with respect in this regard. These Terms will be construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws rules. Any disputes arising hereunder will be adjudicated in the State of Delaware, USA, and by your use of the Site you submit to the personal of the federal and state courts located therein. No waiver by either party of any instance of breach or default hereunder will be deemed to be a waiver of any other instance. The section headings used herein are for convenience only and will not be given any legal import. If any provision in these Terms is held invalid or unenforceable, that provision will be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of these Terms will remain in full force and effect. The provisions of these Terms as it relates to the content of the Site are for the benefit of our company its affiliates, and its third-party content providers and licensors, and each will have the right to assert and enforce such provisions directly on its own behalf. Such right will survive any termination of these Terms. Your right to use the Site is personal to you and cannot be transferred to any other person or entity.

Right to Modify

We reserve the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content, pages, participatory areas, and equipment or formats needed for access or use. Such changes, modifications, additions, deletions or other revisions will be effective immediately upon notice, which may be given any customary means, such as posting on the Site a revised version of these Terms or notification by electronic mail. Any use by you of the Site after such notice is given will conclusively constitute your acceptance of the revisions in question. You agree to review the terms and conditions of these Terms periodically in order to be aware of such revisions.

Privacy

Any information that is obtained from you through your registration or your use of the Site will be subject to and handled in accordance with our Privacy Policy then in effect. We will have the right to release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity.

Copyright

Weasyl is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Weasyl are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Weasyl or the appropriate owner of copyright in such works. Weasyl does not claim ownership rights in your works or other materials posted by you to Weasyl, hence forth known as Your Content. You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

Reporting Copyright Violations

Weasyl respects the intellectual property rights of others and expects users of the Service to do the same. At Weasyl's discretion and in appropriate circumstances, Weasyl may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact Weasyl's Designated Agent. You must provide our agent with substantially the following information, which Weasyl may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please see Weasyl's Copyright Policy for further information and details.

Trademarks

All brand, product and service names used in this Service which identify Weasyl or third parties and their products and services are proprietary marks of Weasyl and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Weasyl or any third party with respect to any such image, logo or name.

Conduct

You may only use the Site for lawful purposes. You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to Weasyl that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Weasyl does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless Weasyl, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

External Links

The Site contains links to other websites, resources and advertisers. We are not responsible for the availability of these external sites, nor do we endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding such content, goods, or services must be directed to the administrator or webmaster of the external site in question. We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deems inappropriate or inconsistent with the Site.

Storage Policy

At this time, Weasyl provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that Weasyl may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on the Service. Furthermore, you acknowledge that Weasyl reserves the right to terminate or suspend accounts that are inactive, in Weasyl's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 4, Weasyl shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Weasyl reserves the right to modify its storage policies from time to time, with or without notice to you.

Monitoring Content

Weasyl has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post, or otherwise transmit using the Service.

Commercial Activities

Commercial Activities mean the offering, solicitation, or sale of goods or services by anyone other than Weasyl. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Weasyl's written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties, or representations and so forth are solely between you and the other member. Section 4, below, of these Terms specifically applies with respect to commercial activities.

2. Additional Terms

Member Names & Passwords

You may be required to select a member name and a password in order register as member of the Site. You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that we deem to be offensive, in our sole discretion. You are responsible for maintaining the confidentiality of your password and your registration information. You agree to immediately notify us of any unauthorized use of your password or your other registration information, and you will indemnify and hold us and our affiliates, subsidiaries, officers, directors, employees, contractors, operational providers, and partners harmless against any improper or illegal use of your password.

Registration Information

All information provided by you to us in connection with your registration must be accurate, complete, and up to date at the time it is submitted. You may update your registration information from time to time in conformance with our standard procedures and policies for such updating. If your e-mail address is canceled, becomes inactive, or inaccessible for an extended period of time, we will have the right to cancel your registration and delete all or part of your registration information, to the extent allowed by law and in accordance with our security measures.

Suspension and Termination of Access and Membership

We will have the right to immediately terminate these Terms and block your access to the Site if we determine, in our sole discretion, that you have breached these Terms or are otherwise not an appropriate user of the Site. You agree that monetary damages may not provide injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to us under this agreement, at law, or in equity. We are not required to provide any refund to you if you are terminated as a user because you have violated the terms of this agreement.

3. Purchase and Payments

All Sales Final

Except where expressly set forth in these Terms and other policies, all sales are final, and no returns, replacements, or refunds are permitted. If a replacement, refund, or return is granted for any transaction, the transaction may be reversed, and you may no longer be able to access the product that you acquired through that transaction.

Membership Subscription Services

We make available to users certain online subscription services, and other paid services and products. The following terms and conditions will apply in the event that you subscribe to any subscription service or services we offer on the Site (the "Subscription"):

(i) The Subscription will continue until the designated term has ended as per the purchase of the Subscription or, if as explicitly specified by you, until we receive notification of termination from you as described herein below. You authorize us to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accept an offer that includes a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by complying with our procedures, as posted on the Site.

(ii) We reserve the right at any time to impose, change, or modify our fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site a revised version of these Terms or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription, as provided herein below. Any use of the Subscription by you after such notice will conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services.

(iii) Either you or we may terminate these Terms at any time. Your only right with respect to any dissatisfaction with any terms and conditions of these Terms or our policies or practices in operating the Site and/or the Service, or any content available through the Subscription or change therein, or any amount or type of fees or billing methods, or change therein, is to terminate these Terms by sending notice to us or online on the Site by following the directions stated therein. Notice of termination will be effective upon receipt. Without limiting the foregoing, we will have the right to immediately terminate these Terms on the basis set forth herein. If your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that if we terminate for any reason other than your breach of this Agreement or if you terminate as the result of revised terms, as set forth above, we will make a pro-rata refund to you.

Products and Other Services

With respect to products and services offered for sale through the Site, you will be informed, on the screen(s) where you make the purchase, of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return, and refund policies and applicable privacy policies.

4. Disclaimer of Warrantee; Limitation of Liability

USE AT OWN RISK

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN SOLE RISK. NEITHER WE, OUR AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR PRODUCTS PROVIDED ON OR THROUGH THE SITE.

SITE PROVIDED AS IS

THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

DISCLAIMERS

THE FOREGOING DISCLAIMERS OF LIABILITY APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

NO CONSEQUENTIAL DAMAGES

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, OR OUT OF THE BREACH OF ANY WARRANTY.

NO LIABILITY FOR INACCURACIES

WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE IN THE PARTICIPATORY AREAS BY ANYONE OTHER THAN OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION ANY POSTINGS IN THE PARTICIPATORY AREAS). IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITE. YOU SHOULD SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT, INCLUDING (WITHOUT LIMITATION) FINANCIAL, HEALTH, OR LIFESTYLE INFORMATION.

NO WARRANTY OF ANY PRODUCT OR SERVICE

WE DO NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCTS OR SERVICES OFFERED THROUGH THE SITE AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN USERS AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION, AS APPROPRIATE. WE MAKE PRODUCTS OR SERVICES AVAILABLE ON THE SITE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAWS.

SURVIVAL

THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Effective: September 30th, 2012