The Terms of Service (“Terms”) form a binding contract between you and Kanvz Inc. (“Kanvz”). Please read this carefully before using our site, services, applications, apps, products or content.
Please read these Terms of Service together with our Privacy Policy and Community Standards (collectively, the "Agreement") carefully before using Kanvz – which includes Kanvz.com (the "Site") and any other websites, products, applications, mobile apps, services, or content (all of those collectively with the Site, the "Services") provided by Kanvz Inc. (a Delaware corporation together with its affiliates, subsidiaries and their respective representatives, “Kanvz”, "we," or "us"). By using or accessing the Services, you ("Member" or "you") agree to be bound by the Agreement. If you don’t agree, you should not use nor register to use the Services.
We reserve the right to change these Terms and the Agreement at any time. By using the Site and Services on or after the effective date of any change in the Terms or Agreement, you agree to the new Terms and Agreement. If you don’t agree to them, you should contact us to have your account deleted, otherwise your use of the site and content will be subject to the new Terms and Agreement.
Eligible Members: You have to be at least 13 years old to use Kanvz. No individual under the age of thirteen (13) may use the Services, provide any personal information to Kanvz or otherwise submit personal information through the Services.
Disallowed or Illegal Activities: You may not, without express prior written permission, do or try to do any of the following while accessing or using the Services:
Modifications and Limitations: Kanvz is an ever-evolving platform. With new products, services, apps and features launching all the time, we need flexibility to make changes, impose limits, and occasionally suspend or terminate certain offerings. The Services change often, and their form and functionality may change without prior notice to you. Kanvz retains the right to create limits on and related to use of the Services in its sole discretion at any time with or without notice. Kanvz may also impose limits on certain Services or aspects of those Services or restrict your access to parts or all of the Services without notice or liability. Kanvz may change, suspend, or discontinue any or all of the Services at any time, including the availability of any product, feature, app, database, or Content (as defined below). Kanvz may also terminate or suspend accounts at any time, in its sole discretion. That sounds harsh, but we only use that power when we have a reason, as outlined in these Terms of Service, our Privacy Policy, and our Community Standards.
As a condition to using certain of the Services, you may be required to create an account (an "Account") and select a password and Kanvz username.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Kanvz immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
You agree to provide Kanvz with accurate, complete, and updated registration information, particularly your email address. It's really important that the email address associated with your Kanvz account is accurate and up-to-date. If you ever forget your password - or worse, fall victim to a malicious phishing attack - a working email address is often the only way for us to recover your account.
For information about how Kanvz collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by Kanvz Inc. (as defined in section 1 above).
Definitions: For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, attachments, software, scripts, executable files, graphics, interactive features, embeds and more, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Member Content" means Content that a Member submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Member Content.
Kanvz: We reserve all rights to the look-and-feel, organization and others aspects of Kanvz. You may not copy or adapt any portion of our code or visual design elements (including logos) without express written permission from us, unless permitted by law.
Content Rights:You own the rights to any content you create and post on Kanvz. Members retain ownership and/or other applicable rights in Member Content, and Kanvz Inc. and/or third parties retain ownership and/or other applicable rights in all Content other than Member Content.
Content License, Responsibilities and Limitations: When you provide or submit Member Content to Kanvz through the Services, you grant Kanvz a non-exclusive, worldwide, royalty-free, sublicensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Member Content.
You agree that you are responsible for any content you post. This means that you assume all risks related to the content, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights. By posting content to Kanvz, you represent that doing so doesn’t conflict with any other agreement you’ve made and that you have the right to do so. For example, if you are posting third-party content from the public domain, you represent that such content can be used under a free or valid license or fair use.
You agree that you will respect the intellectual property rights of others, and you represent and warrant to us and other Members that you have all of the necessary rights to grant us this license for all Member Content you transfer to us.
When you publish content in posts, canvases, galleries and elsewhere in Kanvz you’re giving us permission to make them available in all the ways you would expect us to (for example, via the canvases and galleries you create, via embed, etc.). You also agree that this license includes the right for Kanvz to make all publicly-posted Content available to third parties selected by Kanvz so that those third parties can syndicate and/or analyze such Content on other media and services.
When you delete any of your own Content, we will remove it from Kanvz. However, when you make something available on the Internet, it might be difficult to later take down all copies of it, especially if the content appears in search engine results, internet caches, content delivery networks and other places. Kanvz will make every attempt to delete all the content that we have control over, based on your direction, but you also agree that deleted content might potentially persist for a period of time in locations outside Kanvz which Kanvz might not be able to control.
If you add Content (e.g., a post or a comment) to Content owned by another person (e.g., a canvas or a post, respectively), then you’re giving the other person the right to modify or remove your Content at any time. For instance, if the other person has published a canvas to which you contribute a post as an invite, the other person has an unrestricted right to delete your post - or to delete their own canvas completely which would also delete your post in the process. Additionally, in contributing your own Content to another person’s Content, you grant the other person a non-exclusive, worldwide, royalty-free, sub licensable, transferable right and license to use, store, cache, reproduce, publish, display (in accordance with the visibility of the canvas), distribute, transmit and create derivative works of, such Member Content. The reference in this license to create “derivative works" allows Kanvz Members to redistribute the Content that you added to the Member’s content from one Kanvz page (e.g., a post, canvas or gallery) to other pages inside or outside Kanvz in a manner that allows them to add their own text or other Content before or after your Member Content.
As a Member of the Services, Kanvz grants you a worldwide, revocable, non-exclusive, non-sublicensable, and non-transferable license to download, store, view, display, perform, redistribute, and create derivative works of Content solely in connection with your use of, and in strict accordance with the functionality and restrictions of, the Services. This means, for example, that we license Content to you for purposes of use in your own Content in Kanvz. Compliance with Community Standards: You agree that you won't violate our Community Standards.
Compliance with Community Standards: You agree that you won't violate our Community Standards.
You will not use our copyrights or Trademarks or any confusingly similar marks, except as expressly permitted by our trademark guidelines (as promulgated by Kanvz from time to time) or with our prior written permission.
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, KANVZ DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SECURITY, TITLE OR NON-INFRINGEMENT. ACCESS AND USE OF THE SERVICES OR ANY CONTENT IS AT YOUR OWN RISK.
Kanvz makes NO representations or warranties of any kind – expressed or implied - with respect to the Services, including any representation or warranty that the use of the Services will (a) meet your requirements or expectations, (b) be free from errors or that defects will be corrected, (c) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, or (d) be free of viruses or other harmful components.
Kanvz also makes NO representations or warranties of any kind with respect to Content; Member Content, in particular, is provided by and is solely the responsibility of, the Members providing that Content. No advice or information, whether oral or written, obtained from Kanvz or through the Services, will create any warranty not expressly made herein.
You release, to the fullest extent permitted by law, Kanvz and its employees, agents, consultants, directors, shareholders, any other person or entity that directly or indirectly controls, is under common control with, or is directly or indirectly controlled by Kanvz (the “Kanvz Affiliates”) from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including but not limited to claims of negligence), arising out of or related to the following:
If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You agree that any claim you may have arising out of or related to this Agreement or your relationship with Kanvz must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KANVZ AND THE KANVZ AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO THE SERVICES BEING HACKED; (E) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR MEMBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (F) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT KANVZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF KANVZ AND THE KANVZ AFFILIATES, FOR ANY VALID CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY STATED OR IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Sections 8 through 10, so the limitations above may not apply to you in those specific cases.
Either party may terminate this Agreement at any time by notifying the other party. Kanvz may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Kanvz may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Kanvz or any third party.
You and Kanvz agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and Kanvz otherwise agree in writing. Before resorting to formal dispute resolution, we strongly encourage you to contact us to seek a resolution.
This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Kanvz Inc. must be resolved exclusively by a state or federal court located in Santa Clara, California, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Santa Clara, California for the purpose of litigating all such claims or disputes.
If you are (a) a United States federal, state, or local government agency or body, (b) using the Services in your official capacity, and (c) legally unable to accept the clauses in this Section, then this Section does not apply to you. For such entities, this Agreement and any related action will be governed by the laws of the United States of America, without regard to conflict of law provisions, and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California, excluding choice of law.
This Agreement, as modified from time to time, constitutes the entire agreement between you and Kanvz Inc. with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof and constitutes the entire and exclusive agreement between the parties. The failure of either party to exercise, in any way, any right provided for herein shall not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable and in full force and effect. This Agreement is not assignable, transferable, or sublicensable by you except with our prior written consent. Kanvz may assign this Agreement in whole or in part at any time without your consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Kanvz in any respect whatsoever.
Kanvz Inc. is a U.S. company and subject to U.S. laws and jurisdiction, so for the moment these Terms of Service (and any other terms, policies, standards or guidelines that we provide to you) are only available in English.
Kanvz Inc. has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the "DMCA"). The contact information of our Designated Agent for copyright takedown notices ("Designated Agent") is listed below. You may submit a notice under the DMCA using our copyright notice form.
Reporting Instances of Copyright Infringement: If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
Please also note that the information provided in a notice of copyright infringement may be forwarded to the Member who posted the allegedly infringing content. After removing material pursuant to a valid DMCA notice, Kanvz will immediately notify the Member responsible for the allegedly infringing material that it has removed or disabled access to the material. Kanvz will terminate, under appropriate circumstances, the Accounts of Members who are repeat copyright infringers, and reserves the right, in its sole discretion, to terminate any Member for actual or apparent copyright infringement.
Submitting a DMCA Counter-Notification: If you believe you are the wrongful subject of a DMCA notification, you may file a counter-notification with Kanvz by providing the following information to the Designated Agent at the address below:
Upon receipt of a valid counter-notification, Kanvz will forward it to Notifying Party who submitted the original DMCA notification. The original Notifying Party (or the copyright holder he or she represents) will then have ten (10) days to notify us that he or she has filed legal action relating to the allegedly infringing material. If Kanvz does not receive any such notification within ten (10) days, we may restore the material to the Services.
Designated Agent
Kanvz Inc.
E-mail: support@kanvzinc.com
Kanvz reserves the right to modify the Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where practicable, and otherwise through the Services (such as through a notification on your Kanvz home page, feed or in our mobile applications). Modifications will not apply retroactively. You are responsible for reviewing and becoming familiar with any modifications to this Agreement.
We may sometimes ask you to review and to explicitly agree to (or reject) a revised version of this Agreement. In such cases, modifications will be effective at the time of your agreement to the modified version of this Agreement. If you do not agree at that time, you are not permitted to use the Services.
In cases where we do not ask for your explicit agreement to a modified version of this Agreement, but otherwise provide notice as set forth above, the modified version of this Agreement will become effective seven days after we have posted the modified Agreement and provided you notification of the modifications. Your use of the Services following that period constitutes your acceptance of the terms and conditions of this Agreement as modified. If you do not agree to the modifications, you are not permitted to use, and should discontinue your use of, the Services.