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- " Terms of Service Applicable Terms <p>These Terms of Service, or <strong>Terms</strong>,
sets forth the legal terms and conditions of your use of services provided to you
by Weasyl through the <strong>Site</strong>, www.weasyl.com.\nThese <strong>Services</strong>
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.\nThe 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 .\nThe Site is owned and
operated by Weasyl LLC (henceforth <strong>Weasyl</strong>), a Delaware company.\nWeasyl
is also referred to in these Terms as \"we\", \"us\", and \"our\".\n<strong>Participatory
Areas</strong> 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.\nThese may included, but are not limited to, forums, IRC channels, and
VoIP servers.</p>\n<p>By using digital content on the Site, you agree to these Terms
as set forth herein.\nWe reserve the right to change or amend these Terms at any
time without notice.\nYour continued use of the Site after such changes to these
Terms will signify your acceptance of these changes.\nAny changes or amendments
to these Terms will be posted on the Site.</p> 1.\nGeneral Terms General <p>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.\nThese Terms will be construed in accordance with the laws of the State
of Delaware, without regard to its conflict of laws rules.\nAny 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.\nNo
waiver by either party of any instance of breach or default hereunder will be deemed
to be a waiver of any other instance.\nThe section headings used herein are for
convenience only and will not be given any legal import.\nIf 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.\nThe
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.\nSuch right will survive any termination of these Terms.\nYour right
to use the Site is personal to you and cannot be transferred to any other person
or entity.</p> Right to Modify <p>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.\nSuch 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.\nAny use by you of the Site after such notice is given will conclusively constitute
your acceptance of the revisions in question.\nYou agree to review the terms and
conditions of these Terms periodically in order to be aware of such revisions.</p>
Privacy <p>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.\nWe 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.</p> Copyright <p>Weasyl is,
unless otherwise stated, the owner of all copyright and data rights in the Service
and its contents.\nIndividuals 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.\nYou
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.\nWeasyl
does not claim ownership rights in your works or other materials posted by you to
Weasyl, hence forth known as Your Content.\nYou agree not to distribute any part
of the Service other than <strong>Your Content</strong> in any medium other than
as permitted in these Terms or by use of functions on the Service provided by us.\nYou
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.</p> Reporting
Copyright Violations <p>Weasyl respects the intellectual property rights of others
and expects users of the Service to do the same.\nAt 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.\nIf 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.\nYou must provide our agent with
substantially the following information, which Weasyl may then forward to the alleged
infringer (see 17 U.S.C.\n512 (c)(3) for further details):</p>\n<ol>\n<li>A physical
or electronic signature of a person authorized to act on behalf of the owner of
an exclusive right that is allegedly infringed.</li>\n<li>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.</li>\n<li>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.</li>\n<li>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.</li>\n<li>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.</li>\n<li>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.\nPlease
see Weasyl's Copyright Policy for further information and details.</li>\n</ol> Trademarks
<p>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.\nNothing 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.</p> Conduct <p>You may only use the Site
for lawful purposes.\nYou 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.\nor 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.\nWeasyl does not endorse any content placed on the Service
by third parties or any opinions or advice contained in such content.\nYou 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.</p> External Links <p>The Site contains links to other websites,
resources and advertisers.\nWe 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.\nUnder 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.\nAny concerns regarding such content, goods, or
services must be directed to the administrator or webmaster of the external site
in question.\nWe 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.</p> Storage Policy <p>At this time, Weasyl provides free online storage
of Your Content to registered members of the Service.\nHowever, 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.\nFurthermore, 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).\nWithout 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.\nYou further acknowledge that Weasyl reserves the right to modify
its storage policies from time to time, with or without notice to you.</p> Monitoring
Content <p>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.\nYou acknowledge that you are solely responsible for
all Content and material you upload, post, or otherwise transmit using the Service.</p>
Commercial Activities <p>Commercial Activities mean the offering, solicitation,
or sale of goods or services by anyone other than Weasyl.\nCommercial 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.\nCommercial activities in
the form of paid advertising on the Service are subject to the terms and conditions
relating to the purchase of such advertising.\nNo other commercial activities are
permitted on or through the Service without Weasyl's written approval.\nAny 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.\nSection 4, below, of these Terms specifically
applies with respect to commercial activities.</p> 2.\nAdditional Terms Member Names
&.\nPasswords <p>You may be required to select a member name and a password in
order register as member of the Site.\nYou may not (i) select or use a member name
or e-mail address of another person with the intention of impersonating that person.\n(ii)
use a member name or e-mail address of anyone else without authorization.\n(iii)
use a member name in violation of the intellectual property rights of any person.\nor
(iv) use a member name that we deem to be offensive, in our sole discretion.\nYou
are responsible for maintaining the confidentiality of your password and your registration
information.\nYou 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.</p> Registration Information <p>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.\nYou may update your registration information
from time to time in conformance with our standard procedures and policies for such
updating.\nIf 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.</p> Suspension and Termination
of Access and Membership <p>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.\nYou 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.\nWe 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.</p> 3.\nPurchase and Payments All Sales Final <p>Except
where expressly set forth in these Terms and other policies, all sales are final,
and no returns, replacements, or refunds are permitted.\nIf 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.</p>
Membership Subscription Services <p>We make available to users certain online subscription
services, and other paid services and products.\nThe following terms and conditions
will apply in the event that you subscribe to any subscription service or services
we offer on the Site (the \"<strong>Subscription</strong>\"):</p>\n<p>(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.\nYou 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.\nIf 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.\nIf 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.</p>\n<p>(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.\nSuch 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.\nIf any such change
is unacceptable to you, you may terminate your Subscription, as provided herein
below.\nAny 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.\nYou agree to review the terms and conditions periodically to be aware
of such revisions.\nYou may also be subject to additional terms and conditions imposed
by third party content providers in connection with third party content, software
or services.</p>\n<p>(iii) Either you or we may terminate these Terms at any time.\nYour
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.\nNotice of termination will be effective upon receipt.\nWithout limiting
the foregoing, we will have the right to immediately terminate these Terms on the
basis set forth herein.\nIf your account is terminated or canceled, no refund of
any fees, including monthly membership fee, will be granted.\nFees 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.</p> Products and Other Services <p>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.</p>
4.\nDisclaimer of Warrantee.\nLimitation of Liability USE AT OWN RISK <p>YOU EXPRESSLY
AGREE THAT USE OF THE SITE IS AT YOUR OWN SOLE RISK.\nNEITHER 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.</p> SITE PROVIDED AS IS <p>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.</p> DISCLAIMERS <p>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.\nYOU 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.</p> NO CONSEQUENTIAL DAMAGES <p>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.</p> NO LIABILITY
FOR INACCURACIES <p>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.\nUNDER 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).\nIT IS YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER
CONTENT AVAILABLE THROUGH THE SITE.\nYOU 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.</p> NO WARRANTY OF ANY PRODUCT OR SERVICE <p>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.\nAS 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.\nWE 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.</p> SURVIVAL <p>THE PROVISIONS OF THIS SECTION
WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.</p>\n<p>Effective: September 30th,
2012</p> "
updated_at:
- 2020-11-24 08:11:11.449731679 Z
- 2020-11-24 08:11:21.264937551 Z