TERMS OF SERVICE

1. Introduction

Welcome to Make Art Inc. (“Company”, “we”, “our”, “us”). As you have just clicked our Terms of Service, please pause, grab a cup of coffee and carefully read the following pages. It will take you approximately 20 minutes.

These Terms of Service (“Terms”, “Terms of Service”) govern your use of our mobile application makeArt operated by Make Art Inc.

Our Privacy Policy also governs your use of our Service and explains how we collect, safeguard and disclose information that results from your use of our web pages. Please read it here https://sites.google.com/view/makeartapp/page/privacy-policy?authuser=0.

Your agreement with us includes these Terms and our Privacy Policy (“Agreements”). You acknowledge that you have read and understood Agreements, and agree to be bound of them.

If you do not agree with (or cannot comply with) Agreements, then you may not use the Service, but please let us know by emailing at contact@makeartapp.com so we can try to find a solution. These Terms apply to all visitors, users and others who wish to access or use Service.

Thank you for being responsible.

2. Communications

By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at unsubscribe@makeartapp.com

3. Purchases

If you wish to purchase any product or service made available through Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. 

4. Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through Service may be governed by rules that are separate from these Terms of Service. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Service, Promotion rules will apply.

5. Subscriptions

Some parts of Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or Make Art Inc. cancels it. You may cancel your Subscription renewal through Apple.

A valid payment method, including credit card or PayPal, is required to process the payment for your subscription. You shall provide Make Art Inc. with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Apple and Make Art Inc. to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Make Art Inc. will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Apple and Apple StoreKit is being leveraged for subscription and trial periods. Apple terms of services apply in regards to subscription and trial periods apply. Apple handles payments, renewals, and cancellations. 

6. Free Trial

Make Art Inc. may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You may be required to enter your billing information in order to sign up for Free Trial.

If you do enter your billing information when signing up for Free Trial, you will not be charged by Make Art Inc. until Free Trial has expired. On the last day of Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.

At any time and without notice, Make Art Inc. reserves the right to (i) modify Terms of Service of Free Trial offer, or (ii) cancel such Free Trial offer.

7. Fee Changes

Make Art Inc., in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Make Art Inc. will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.

8. Refunds

Except when required by law, paid Subscription fees are non-refundable.

9. Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through Service, including its legality, reliability, and appropriateness.

By posting Content on or through Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service. However, by posting Content using Service you grant us the right and license to use, modify, publicly perform, publicly display, use commercially, reproduce, and distribute such Content on and through Service. You agree that this license includes the right for us to make your Content available to other users of Service, who may also use your Content subject to these Terms.

Make Art Inc. has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Make Art Inc. or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.


The Content you will be exposed to is only partially provided by Make Art Inc. The Content is offered to you by a variety of Artists. You understand and acknowledge that we do not prescreen and evaluate the Content provided by the Artists and we cannot be held responsible for determining whether the their Content is appropriate or the Artist offering the Content has obtained all required rights to do so.

ARTISTS, AND NOT LAKE, ARE ENTIRELY RESPONSIBLE FOR ALL THE CONTENT THAT THEY MAKE AVAILABLE THROUGH OUR SERVICES, INCLUDING WITHOUT LIMITATION, THAT THEY OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN THEIR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO DEVELOP, PUBLISH, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE THEIR CONTENT.

YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY CONTENT PROVIDED BY THE ARTISTS, INCLUDING WITHOUT LIMITATION, ANY UNAUTHORIZED USE OF CONTENT AND ​ILLEGAL, DEFAMATORY OR DEFENSIVE CONDUCT BY ANY OF ​THE ARTISTS.

NEVERTHELESS, when alerted of any infringement of one’s rights we shall investigate the matter, act according to our ​Intellectual property rights policy ​and undertake measures to prevent further violations. However, you understand and acknowledge that we may not be able to authenticate the Content or to confirm the identity of Artists, Users or claimants and prevent them from acting under false pretenses or in a manner that infringes the rights of any person.

10. Prohibited Uses

You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:

• • In any way that violates any applicable national or international law or regulation.

• • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.

• • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.

• • To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.

• • In any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

• • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.

Additionally, you agree not to:

• • Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.

• • Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.

• • Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.

• • Use any device, software, or routine that interferes with the proper working of Service.

• • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.

• • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.

• • Attack Service via a denial-of-service attack or a distributed denial-of-service attack.

• • Take any action that may damage or falsify Company rating.

• • Otherwise attempt to interfere with the proper working of Service.

11. Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualise and personalise the ads of its own advertising network.

For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

We also encourage you to review the Google's policy for safeguarding your data: https://support.google.com/analytics/answer/6004245.

Firebase

Firebase is analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

12. You must be at least 13 years old

Service is intended only for access and use by individuals at least thirteen (13) years old. By accessing or using any of Company, you warrant and represent that you are at least thirteen (13) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of Terms. If you are not at least thirteen (13) years old, you are prohibited from both the access and usage of Service.

13. Accounts

When you create an account with us, you guarantee that you are above the age of 13, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

14. Intellectual Property

Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Make Art Inc. and its licensors. Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Make Art Inc..

15. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@makeartapp.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.

16. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

• • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;

• • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

• • identification of the URL or other specific location on Service where the material that you claim is infringing is located;

• • your address, telephone number, and email address;

• • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at contact@makeartapp.com

17. Error Reporting and Feedback

You may provide us either directly at contact@makeartapp.com or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

The third party sites and tools mentioned above include the following:

Firebase Crashlytics

Firebase Crashlytics is bug reporting service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy?hl=en

For more information on what type of information Firebase collects, please visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en

18. Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Make Art Inc.

Make Art Inc. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

YOU ACKNOWLEDGE AND AGREE THAT Make Art Inc. SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR SERVICES.

WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.

19. Disclaimer Of Warranty 

THESE SERVICES ARE PROVIDED BY COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.

NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

20. Limitation Of Liability

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

21. User Generated Content

By using our Services, You might generate User Content. By creating User Content through the app, You expressly grant, represent and warrant that You have a right to grant, to Make Art Inc. a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, monetize, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of, and otherwise exploit, all such User Content, as well as Your name, voice, and/or likeness as contained in Your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the app and Make Art Inc. (and its successors’ and affiliates’) business, including and without limitation for promoting and redistributing part or all of the app (and derivative works thereof) in any media formats and through any media collections and in connection with various advertisements, such as banner ads, mobile ads and video ads. You also hereby grant each user of the app a non-exclusive license to access Your User Content through the app, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the app or the Internet and under this Terms.

Make Art Inc. takes no responsibility and assumes no liability for any User Content that You or any other user or third party creates with the app or shares through the app. You shall be solely responsible for Your own User Content and the consequences of sharing or publishing it. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that You send, upload, download, stream, post, transmit, display, share or otherwise make available or access through Your use of the app, is solely Your responsibility.

LICENSE - YOUR RIGHTS AND RESTRICTIONS

Subject to full compliance with these Terms, we hereby grant you a personal, limited, worldwide, ​non-exclusive, non-transferable license for the term of these Terms to make use of our Services, as well as to access and make non-commercial, personal use of the Content (the “​License​”).

The sole purpose of this License is to enable you to use and enjoy the benefit of the Services in the manner permitted by these Terms. You may modify the Content within the makeART app and using the makeART app’s tools. You may then reproduce, copy, print, publish, transmit, distribute, display or otherwise transfer ​such modified Content ​and make it available by uploading, posting, emailing, transmitting or otherwise, so long as you do so for personal and non-commercial purposes and pay appropriate respect to the original Content and it’s Artist by maintaining the Artist’s spirit, protecting its reputation as well as its interests and clearly and visibly state the name by which the Artist wants to be known and provide the link to the original Content.

You agree that you are using our Services and the Content for your own personal and non-commercial use and that you will not use our Services, the Content, or any portion thereof in any manner not expressly permitted by these Terms and/or applicable law, including without limitation, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, display, sell, license, or otherwise transfer and make available by uploading, posting, emailing, transmitting or otherwise; and will not​​directly or indirectly induce, instruct or allow any person to do so.

Our software and the Content are merely licensed and not sold, to you, so we and the Artists retain all rights, titles and interests of all copies of our software applications and the Content even after installation on your personal electronic devices.

You shall not reverse-engineer, decompile, disassemble or modify our Service, Content or any portion thereof or circumvent any technology used to protect the Service and the Content, unless permitted by applicable law.

You shall further restrain from:

• interfering with the proper working of the Services by any action that either imposes, or may impose, an unreasonable or disproportionately large load on Make Art Inc.'s infrastructure, artificially increases download count, bypasses measures we may use to prevent or restrict access to the Services and access to users’ data that we might collect or otherwise manipulate the Services by using a script or other automated process;

• modifying, adapting or hacking the Services or modifying another website so as to falsely imply that it is associated with Lake;

  • use of the Service in a manner that is unlawful, fraudulent or deceptive;

  • distributing or transmitting any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Services or makeART's users;

  • resell, copy, transfer, distribute, display, translate, modify the Services or make derivative works of the makeART app or any part thereof;

  • use of the Service in a manner that uses or launches any automated system to access makeART's website or computer systems;

  • sublicensing, renting, leasing transferring or otherwise distributing the Services or rights to use the Services;

  • use the service to try to gain unauthorized access to any service, data, account or network by any means;

  • use of the Service in a manner that harasses, abuses, threatens, defames or otherwise infringes or violates the rights of any other party;

  • use of the Service in a manner that encourages conduct that would constitute a criminal offense, or would give rise to civil liability.

OUR INTELLECTUAL PROPERTY

Except when expressly stated otherwise, these Terms do not grant you any rights or license regarding our trademarks and domain names or other brand features, as well as our copyrights or any other intellectual property rights, whether for commercial or non-commercial use.

INTELLECTUAL PROPERTY RIGHTS POLICY

We take intellectual property rights seriously and expect other to do the same.

For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, trade names, proprietary rights, copyright rights, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, musical works, settings, artwork, mask work rights, sound effects, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

If you are the owner of the intellectual property right or a person authorized to act on owners’ behalf and believe in good faith that any Content made available through Make Art Inc.'s Services infringes your intellectual property right, please let us know. You may submit a written notice of alleged copyright/intellectual property rights infringement to our designated copyright agent at the following address:

legal@makeartapp.com

A notification of alleged copyright/intellectual property rights infringement should include:

1. An electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

2. Identification of the copyrighted work/intellectual property right claimed to have been infringed, or, if multiple copyrighted works/intellectual property rights are covered by a single notification, a representative list of such works.

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 as to locate the material.

4. Information reasonably sufficient to permit us 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/intellectual property rights owner, its agent, or the law.

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.

You acknowledge that if you fail to comply with all of the above listed notice requirements, your notice may not be valid and may not be taken into consideration or investigated upon.

When properly notified by a rightful person that any Content infringes a copyright, we shall investigate the claim and may in our absolute discretion take appropriate actions without prior notification to the Artist.

However, if the Artist believes that the Content they provided is not infringing, or that they obtained all required rights from their owners’ or pursuant to the law, they may submit a written counter-notification to our Designated Agent with a request to restore the removed Content.

A counter-notification should include:

1. an electronic signature of the Artist;

2. identification of the Content that has been removed;

3. contact information of the Artist, if not already provided;

4. a statement of the Artist that he believes in good faith that the Content was removed as a result of mistake or a misidentification of the Content.

Designated Agent may send a counter-notice to the original complaining party informing the complaining party that the removed Content will be restored in 15 business days following receipt of the counter-notice unless the complaining party notifies the Designated Agent that it has filed an action seeking a court order to restrain the Artist from engaging in infringing activity relating to the Content that was the subject of the notice.

22. Termination

We may terminate or suspend your account and bar access to Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms.

If you wish to terminate your account, you may simply discontinue using Service.

All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

23. Governing Law

These Terms shall be governed and construed in accordance with the laws of Illinois without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.

24. Changes To Service

We reserve the right to withdraw or amend our Service, and any service or material we provide via Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of Service, or the entire Service, to users, including registered users.

25. Amendments To Terms

We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.

26. Waiver And Severability

No waiver by Company of any term or condition set forth in Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under Terms shall not constitute a waiver of such right or provision.

If any provision of Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of Terms will continue in full force and effect.

27. Acknowledgement

BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

28. Contact Us

Please send your feedback, comments, requests for technical support:

By email: contact@makeartapp.com.

29. Standard Apple Terms of Use (EULA)

http://www.apple.com/legal/itunes/appstore/dev/stdeula


30. Giphy Terms of Service

https://support.giphy.com/hc/en-us/articles/360020027752-GIPHY-Terms-of-Service


31. Unsplash Terms of Service

https://unsplash.com/terms

Last updated: 11/13/2023