Due to the diverse nature of the Site and Service, additional terms and/or product requirements (including but not limited to age requirements) may apply from time to time. Any use or access by anyone under the age of 18 is prohibited. If you are a user that is using the Company’s Services, including its payment processing system, to facilitate the purchase of your services, you will be referred to throughout these Terms of Service as a Service Provider.
BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE.
These Terms of Service apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the Company’s website, other offerings, and any other of the services offered by the Company in existence now or in the future.
The Service may contain links to third party websites that are not owned or controlled by the Company. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, the Company will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve the Company from any and all liability arising from your use of any third-party website.
Payments to and from the Company are transacted through the payment processor(s) of the Company’s choice, made in its sole discretion. By using the Service, you agree to use the Company’s payment processor(s). No exceptions shall be made.
The Company hereby grants you permission to access and use the Service as set forth in these Terms of Service, provided that:
You agree not to distribute in any medium any part of the Service or the Content without the Company’s prior written authorization, unless the Company makes available the means for such distribution through functionality offered by the Service.
The Service is owned by the Company and is protected by United States copyright, patent, and trademark laws and international treaty provisions. Therefore, you must treat the Service like any other copyrighted, patented or trademarked material. You may not rent or lease the Service, nor may you modify, adapt, translate, reverse engineer, decompile, attempt to derive the source code of, decrypt, create derivative works of the Service or any service provided by the Service or disassemble the Service. You will not remove, modify, or obscure any copyright, trademark, patent or other intellectual property notices included on the Service.
You agree not to access Content through any technology or means other than through the Service or those explicitly authorized means the Company may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain the Company’s prior written approval:
Prohibited commercial uses do not include:
You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Service in a manner that sends more request messages to the Company’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes unless expressly authorized by the Company.
In your use of the Service, you will comply with all applicable laws.
You will not use the Service in connection with the delivery or transmission of unsolicited messages (commercial or otherwise) or spamming.
You will not violate any laws or third party rights or violate or fail to comply with all rules, regulations, procedures and policies of the Company.
You agree not to post false, inaccurate, misleading, defamatory or libelous content (including personal information).
You agree not to distribute or post spam, unsolicited, or bulk electronic communications, chain letters or pyramid schemes.
You agree to not transmit or distribute viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful or deleterious programs or any other technologies that may harm the Company, or the interests or property of the Company’s Service or its users.
You agree to not harvest or otherwise collect information about users, including email addresses, without their consent.
You agree not to create a false identity or forged email address, or otherwise attempt to mislead others as to your identity.
You agree to not impersonate any other person or entity or misrepresent your affiliation with any other person or entity.
You agree not to use the Service to create or distribute any images, sounds, messages or other materials, which are harassing, racist, malicious, fraudulent or libelous, nor use the Service for any activity that may be considered or are unethical, immoral or illegal.
You agree not to attempt to gain unauthorized access to the Service, other accounts, or computer systems or networks connected to the Service, through password mining or any other means.
You agree that all communication between submitters and publishers occurs on Site’s submission notification platform. If a dispute arises where one party communications outside of the Site’s submission notification platform, the Company reserves the right to resolve the dispute in favor of the party that has used the Site’s submission notification platform to communicate.
Publishers agree that responses to submitters must be within five (5) days. Responses that are outside of a reasonable time may result in penalization up to and including removal from the Site.
The Company may publicly display ratings by its users in relation to the collaboration with or using the services of other users. The Company is not responsible for the accuracy of user ratings and is in no way liable for defamatory or malicious content posted by users.
The Company, in its sole discretion, may remove user reviews for any reason.
Users may dispute inaccurate or adverse ratings by contacting the Company at [email protected] It is within the Company’s sole discretion as to whether action may be taken in regard to a user’s rating.
If a current publisher seeks to have a new publication on the Site, the publisher must create a new account. Publishers may not create a submission category for a new publication under a current publisher account.
Publishers are solely responsible for the accuracy of their payment information. The Company shall have no liability in regard to the accuracy of a user’s payment information.
The Company reserves the right to discontinue any aspect of the Service at any time.
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the Service, and the trademarks, service marks and logos ("Marks") on the Service, are owned by or licensed to the Company, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by the Company on the Service for that Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of the Company or the respective licensors of the Content. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein.
You understand that when using the Service, you will be exposed to Content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company and Service with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless the Company, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
As a user you may submit Content to the Service. You understand that the Company does not guarantee any confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant, if applicable, that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to the Company all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Company, its Site or Service, you hereby grant the Company a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and the Company’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. The above licenses granted by you in Content you submit to the Service terminate within a commercially reasonable time after you remove or delete your content from the Service. You understand and agree, however, that the Company may retain, but not publicly display or perform, server copies of your Content that have been removed or deleted. The above licenses granted by you also apply to user comments you submit and are perpetual and irrevocable.
You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the Company all of the license rights granted herein.
The Company does not endorse any Content submitted to the Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Content. The Company does not permit copyright infringing activities and infringement of intellectual property rights on the Service, and the Company will remove all Content if properly notified that such Content infringes on another's intellectual property rights. The Company reserves the right to remove Content without prior notice.
You represent and warrant that (i) all Content submitted to the Service is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by this these Terms of Service, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the Content and the posting thereof on the site does not and will not, in anyway, violate or infringe upon the rights of any third party, and (iii) the Company shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the Content unless otherwise agreed by the Company.
The Company maintains a policy of cooperating with any law enforcement authorities or court order requesting or directing the Company to disclose the identity of anyone posting any such information or materials. We have the right, but not an obligation, to strictly enforce the Terms of Service through self-help, moderation, active investigation, litigation and prosecution. If a user produces content that is covered under 18 U.S.C. § 2257 labeling requirements, you may be subject to the name and age verification, record keeping, and labeling requirements. You can find more information on 18 U.S.C. § 2257 here.
The Company has the right to increase the per transaction charges at any time.
The Company reserves the right to withhold any transaction amounts until the party paying the transaction amount has confirmed it has received and is satisfied with the services provided by the Service Provider.
The Company reserves the right to withhold any payment until the Company has determined, in its sole discretion, that the services provided by the Service Provider have been performed in a satisfactory manner.
Service Provider will be charged any amount refunded to submitters. The refunds may include surcharges that will be paid at the Service Provider’s expense.
If a Service Provider has outstanding refund charges or unpaid plan charges, the Company has the right to garnish or withhold existing revenue for the particular Service Provider in order to satisfy the outstanding charges.
All sales are considered final and non-refundable unless otherwise stated by the Company, in these Terms of Service, or by law. Refunds and amounts shall be issued at the sole discretion of the Company.
If a Service Provider has unclaimed funds for services rendered that are held by the Company, such funds will be reimbursed to the submitter after two years from the date the funds became payable to the Service Provider (“Refund Time Period”). The Company shall have no liability for returned unclaimed funds after the Refund Time Period.
The Company reserves the right to remove any user account, including but not limited to publishers, submitters and paid submission options, from the Service without notification or cause, including, but not limited to, the removal or rejection of paid submissions options.
Unless otherwise required by law, the Company may, but is not obligated to, issue refunds to users whose accounts have been terminated.
The Company reserves the right to decide whether Content violates these Terms of Service for reasons other than copyright infringement. The Company may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user's account for submitting such material in violation of these Terms of Service.
The Company operates a clear copyright policy in relation to any Content alleged to infringe the copyright of a third party. If you believe your copyright-protected work was posted on the Company’s Service without authorization, you may submit a copyright infringement notification. Be sure to consider whether fair use, fair dealing, or a similar exception to copyright applies before you submit. These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Please submit notification and removal requests to [email protected] In order for your notification to be effective, you must include the items required by 17 U.S.C. § 512(c).
To file a counter notification, you must provide a written communication that sets forth the items described below. Please note you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact an attorney. Your communication must include substantially the following: (1) a physical or electronic signature of the user; (2) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (4) your name, address, and telephone number, (5) the following statement, “I consent to the jurisdiction of the state and Federal courts located in Rochester, New York, and I will accept service of process from the claimant or an agent of the claimant,” and (6) the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.” Please sent written requests to:
260 E. Main St.
Rochester, New York 14604
As part of the Company’s copyright policy, the Company will terminate user access to the Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
The Company makes no claim as to whether submitters have the rights to their submissions and the Company does not perform any investigation into whether submitters have the proper rights. Publishers are solely responsible to obtain proper documentation to verify submitters have the proper rights.
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS COMPANY’S PRODUCTS OR SERVICES OR THE CONTENT OF ANY PRODUCTS OR SERVICES LINKED TO THE PRODUCTS OR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY, ITS MANAGERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR (VI) ANY VIOLATIONS OF COPYRIGHT, TRADEMARK, PATENT OR ANY OTHER TYPE OF INTELLECTUAL PROPERTY UPLOADED BY USERS, SUBMITTERS OR PUBLISHERS AND FURTHER, USERS, SUBMITTERS AND PUBLISHERS AGREE TO HOLD HARMLESS THE COMPANY FROM ANY DAMAGES, TO THE EXTENT ALLOWABLE UNDER LAW, ARISING FROM CLAIMS OF INFRINGEMENT BASED ON SUBMISSIONS BY USERS, SUBMITTERS AND PUBLISHERS.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, THE COMPANY LIMITS ITS LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICES AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICES AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT THE COMPANY SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, THE COMPANY WILL NOT BE LIABLE FOR UNFULFILLED SERVICES OFFERED BY PUBLISHERS AND MAKES NO GUARANTEES TO THE SERVICES OFFERED BY PUBLISHERS.
The Service is controlled and offered by the Company from its facilities in the United States of America. The Company make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the Company and its members, managers, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your Content caused damage to a third party; or (v) your promotion of contests, sweepstakes or related events. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
In the event that the Company employs an attorney and/or commences legal proceedings to enforce the provisions in these Terms of Service, the Company shall be entitled to recover from all of the Company’s attorney’ fees, disbursements of counsel, court costs, expenses of investigation, expert fees, and all other costs and expenses incurred by the Company in connection with such enforcement.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then please do not use the Service.
We provide these Terms of Service with our Service so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms of Service and that you have agreed to them.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Any dispute or claim with the Company relating in any way to your use of any of the Company’s Services will be resolved through binding arbitration, rather than in court. To begin arbitration, you must send a letter requesting arbitration to the Company at:
260 E. Main St.
Rochester, New York 14604
Unless the parties otherwise mutually agree, the arbitration will be conducted by the American Arbitration Association (AAA) under its rules. The AAA’s rules are available at www.adr.org. Payment of all filing administration and arbitrator fees will be governed by the AAA’s rules.
You and the company agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and the Company waive any right to a jury trial. You and the Company agree that you or we may bring suit in court to enjoy infringement or other misuse of intellectual property rights.
If a lawsuit is brought in court, you agree that: (i) the Service shall be deemed solely based in New York State; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over the Company, either specific or general, in jurisdictions other than New York State. You agree that the laws of New York State (excluding New York’s choice of law rules, the Federal Arbitration Act, and applicable federal laws, will apply to these Terms of Service.
In addition, for any dispute arising out of or related to the Service, the parties consent to personal jurisdiction in, and exclusive venue of, Monroe County New York. For lawsuits, the parties consent to personal jurisdiction, and exclusive venue of, the federal and state courts located in Monroe County New York.
Any dispute between publishers and submitters will solely be arbitrated by the Company. The Company shall have the sole and exclusive power to determine any and all disputes between publishers and submitters. All decisions by the Company shall be final and binding.
If you use Kavyar to communicate or administer a promotion (ex: a contest or sweepstakes), you are responsible for the lawful operation of that promotion, including:
Promotions on Kavyar must include the following:
Any submission categories used to list Promotions on Kavyar must include the following language in the guidelines and can be used in the user agreement for each submission to comply with Kavyar Requied Content requirements:
By submitting to this contest or sweepstakes (collectively, “Promotion”), you hereby:
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service.
Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.
These Terms of Service, together with the Privacy Notice and any other legal notices published by the Company on the Service, shall constitute the entire agreement between you and the Company concerning the Service. If it turns out that a particular term is not enforceable, this will not affect any other terms. No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.