Terms of Service
TERMS OF SERVICE
Poisonleaf ("poisonleaf" or "We") empowers artists to earn money from their artwork by making it available for sale without giving up control of their rights.
We understand the importance of representing one's work with quality and respect, and we also believe it is essential that all poisonleaf users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on poisonleaf. Please be aware that when you post your work to poisonleaf, it will be publicly available for the world to view, or buy as a product. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING YOUR WORK FOR SALE THROUGH poisonleaf.
Poisonleaf provides a range of services (the "poisonleaf Services") which enable you to publish, sell, comment on, promote, and purchase artwork through poisonleaf.com (the "Site"), and receive the benefits of poisonleaf's Product production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer support.
RELATING TO THE poisonleaf SERVICES, INCLUDING THE SITE, THAT poisonleaf MAY PUBLISH FROM TIME TO TIME.
CONTENT, COPYRIGHT & INTELLECTUAL PROPERTY
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the poisonleaf Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.
You understand that you will be exposed to Content and may purchase Products from a variety of poisonleaf users and that you rely on the Content and purchase Products at your own risk. poisonleaf does not prescreen Content or
Products and is not responsible for examining or evaluating any Content or Products offered through the poisonleaf Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and uptodate. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST Poisonleaf WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE Poisonleaf SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE poisonleaf SERVICES’ USERS.
As between you and poisonleaf, you own all and retain all rights in your Content. You hereby grant poisonleaf and its affiliates a worldwide, royaltyfree, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your Products, and providing the other poisonleaf Services to you.
YOU, AND NOT poisonleaf, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE poisonleaf SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR CONTENT.
You represent and warrant that:
1. you own all intellectual property rights in your Content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Content available through the poisonleaf Services, to manufacture, distribute and sell Products that include your Content and to grant poisonleaf the rights granted to it in these Terms;
2. your Content and the manufacture, distribution and sale of Products that include your Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
4. your Content does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
5. your Content is accurate, is not misleading or deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
poisonleaf reserves the right to prescreen your Content (but has no obligation to do so), to review and remove your Content from the Site, to suspend or cancel your account, and to cancel the poisonleaf Services provided to you at any time in its sole discretion. poisonleaf has a zero tolerance policy for intellectual property infringement.
If you submit Content or offer Products for sale that poisonleaf, in its sole discretion, believes may infringe another party’s intellectual property rights, poisonleaf may immediately terminate your account, in addition to any other remedies it may have.
GRANT OF RIGHTS AND USER CONDUCT
So long as you comply with these Terms, poisonleaf hereby grants you a limited, nonexclusive, revocable, non-
transferable license, without right of sublicense, to use the poisonleaf Services solely for their intended purpose.
Poisonleaf is founded on respect for others, and we take this very, very seriously. While using the Services you agree
1. ensure that your access to the poisonleaf Services is not illegal or prohibited by laws that apply to you;
2. take your own precautions to ensure that the process that you employ for accessing the poisonleaf Services and any Linked Website (defined below) does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:
1. post Content or Products in an inappropriate category or areas of the poisonleaf Services;
2. fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;
3. interfere with another poisonleaf user's Content or Products;
4. circumvent or manipulate our fee structure, the billing process, or fees owed to poisonleaf;
5. take any action that may undermine any ratings system that poisonleaf may use;
6. transfer your poisonleaf account and user identification to another party without our prior written consent;
7. distribute viruses or any other technologies that may harm poisonleaf or the interests or property of poisonleaf users;
8. use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the poisonleaf Services or Content made available through the poisonleaf Services other than your own Content, without the owner’s express written permission; or (ii) any poisonleaf copyrights or trademarks;
9. remove any copyright, trademark or other proprietary rights notices contained in or on the poisonleaf Services or any Content other than your own Content;
10. harvest or otherwise collect information about other users of the poisonleaf Services, including email addresses, without their consent;
11. impersonate any person or entity, including, but not limited to, a poisonleaf official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. frame, mirror, or otherwise simulate the appearance or function of the poisonleaf Services or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
13. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or
under nondisclosure agreements);
14. upload, post, email, transmit or otherwise make available through the poisonleaf Services any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
15. upload, post, email, transmit or otherwise make available through the poisonleaf Services any material that contains adware, malware, spyware , software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
16. "stalk" or harass or harm another person.
You acknowledge and agree that poisonleaf may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iv) respond to your
requests for customer service; or (v) protect the rights, property or personal safety of poisonleaf, its users or the public.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE poisonleaf SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE", AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE poisonleaf SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED, THE OPERATION OF THE poisonleaf SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. ACCORDINGLY, TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR
PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE poisonleaf SERVICES.
WE ARE NOT AND SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE poisonleaf SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE Poisonleaf SERVICES.
You acknowledge that any agreement you make with another party through the poisonleaf Services is strictly between you and such party and poisonleaf is not a party to that agreement. If you have a dispute with another such party, you
hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute. You agree that poisonleaf has no control over and does not guarantee the delivery of the advertised collaborations and that poisonleaf shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our
trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our
information, products or services (including the poisonleaf Services).
The poisonleaf Services may contain links to other websites that are not owned or controlled by us ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the poisonleaf Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.
ACCESS AND INTERFERENCE
Much of the information available through the poisonleaf Services is updated on a realtime basis and is proprietary or is licensed to poisonleaf by our users or third parties. All intellectual property rights in the poisonleaf Services (including
without limitation, the software and systems underlying the poisonleaf Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you
will not use any robot, spider, scraper or other automated means to access the poisonleaf Services for any purpose without our express written permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. interfere or attempt to interfere with the proper working of the poisonleaf Services or any activities conducted through them; or
3. bypass any measures we may use to prevent or restrict access to the poisonleaf Services; or
4. decompile, disassemble or otherwise reverse engineer the poisonleaf Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the poisonleaf Services.
You can access and modify the information you provide us and choose not to receive certain communications by signingin to your account and changing your account preferences or optingout of certain communications. If you object
TERMINATION OF ACCOUNT
poisonleaf may suspend or terminate your access to all or any part of the poisonleaf Services or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, poisonleaf
may terminate your access to the poisonleaf Services if you are determined to be, in poisonleaf's sole discretion, a repeat infringer of these Terms. poisonleaf may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.
You may terminate these Terms at any time by terminating your use of the poisonleaf Services.
On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination shall survive, including, without limitation, the following provisions: Content, Copyright & Intellectual Property Policies,
Account Information, Disclaimer of Warranties and Liability, Release, Linked Websites, Access and Interference,
Privacy, Indemnity, No Agency, Ability to Accept Terms, Notices, Resolution of Disputes, and General. poisonleaf shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the poisonleaf Services or your account.
Without limitation of the foregoing, poisonleaf shall have the right to retain copies of your Content in its archives for its internal business purposes and legal purposes.
MODIFICATIONS TO THE POISONLEAF SERVICES AND TERMS
Poisonleaf reserves the right to monitor, modify or discontinue the poisonleaf Services, and to block, modify, publicly comment on, or delete any Content submitted to the poisonleaf Services by any party, at any time without notice in its
sole discretion; provided however, that poisonleaf has no obligation to update, store, maintain or correct any information or Content on the poisonleaf Services.
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not
limited to, reasonable attorneys' fees and other professional fees and costs of investigation), arising from or in any way related to (a) your Content or your use of the poisonleaf Services, including without limitation, your sale of any Products;
(b) your (or anyone using your account’s) breach of these Terms; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds poisonleaf without our express prior written consent. poisonleaf may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply such amounts to the resolution of such claim.
No agency, partnership, joint venture, employeeemployer or franchiserfranchisee relationship is intended or created by this Agreement.
Alternatively, we may give you legal notice by mail to the address provided during the PayPal verification process. In such case, notice shall be deemed given three days after the date of mailing.
RESOLUTION OF DISPUTES
If a dispute arises between you and poisonleaf, you and poisonleaf agree that the parties will resolve any such claim (a "Claim") in accordance with one of the subsections below or as poisonleaf and you otherwise agree in writing. Before
resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms or your use of the poisonleaf Services must be filed within one (1) year after the claim or cause of action arose.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may not assign or transfer your rights or obligations under these Terms. Any
purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.