1. GENERAL PROVISIONS.
1.2 DESIGN AND LAYOUT.The design of the Site is the property of Bestcanvas. Elements of the Site, including but not limited to logos, graphics, sounds or images, are protected by copyright, and other laws, and may not be copied or imitated, unless specifically indicated.
1.3 LINKS TO THIRD PARTY SITES.Any links to third party sites are provided solely for your convenience. Such sites are not under the control of Bestcanvas, and Bestcanvas is not responsible for their content, any changes or updates to them, or the collection of any personal data or information by the operators of such sites.
1.5 PRODUCT DESCRIPTIONS.Bestcanvas attempts to be accurate at all times. However, Bestcanvas does not warrant that descriptions or other content of the Site are accurate, complete, reliable, current or error-free.
1.7 DIGITAL MILLENNIUM COPYRIGHT ACT(a) If you are a copyright owner or an agent thereof and believe that any Posted Information infringes upon your copyrights, 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):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) 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;
(iii) 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;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.(b) Bestcanvas’s designated Copyright Agent to receive notifications of claimed infringement is:
Bestcanvas, Inc. Attn. Designated Copyright Agent 3443 NW 107th Street Miami FL 33167
or E-mail to firstname.lastname@example.orgYou acknowledge that if you fail to comply with all of the requirements of Section 1.7(a), your DMCA notice may not be valid.
(c) Counter-Notice. If you believe that your Posted Information that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
(i) Your physical or electronic signature;
(ii) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
(iii) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
(iv) Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court sitting in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
(d) If a counter-notice is received by the Copyright Agent, Bestcanvas may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Posted Information provider, member or user, the removed Posted Information may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Bestcanvas’s sole discretion.
1.9 INTERNATIONAL INFORMATION.The Site may provide access to international data about Bestcanvas, its suppliers or licensors, or other third parties, and therefore, may contain references or cross references to products, programs, and services that are not available in your country. Such references do not imply that Bestcanvas, its suppliers or licensors, or other third parties intend to make available such products, programs or services in your country.
1.11 LINKING AND FRAMING.You are permitted to view the Site only in its full presentation form and are prohibited from “framing” the Site. You may link to the Site only by linking to the home page located at www.bestcanvas.com. You are prohibited from “deep linking” to any other pages in a manner to bypass the home page.
2. POSTED INFORMATION.
2.2 LICENSE TO POSTED INFORMATION.(a) By submitting the Posted Information for publication on the Site, you grant to Bestcanvas, and its subsidiaries and affiliates, a perpetual, worldwide, royalty-free, irrevocable, sublicenseable, non-exclusive right to use, reproduce, display, modify, create derivative works, and distribute (in any format whatsoever) the Posted Information for any purpose related to the Site.(b) You also hereby authorize any third party who lawfully accesses the Posted Information via the Site to make an electronic copy or print in hard copy the Posted Information, or portion thereof, solely for such third party’s internal reference purposes within such third party’s organization. If your Posted Information includes links to internet sites (“Posted Links”), you are deemed, to the extent you are able, to grant to Bestcanvas a worldwide, royalty-free, sublicenseable, non-exclusive right to display Posted Links for so long as the Posted Information is available on the Site. Bestcanvas requires that Posted Links be restricted to home pages, and not “deep links,” unless the Posted Link is to an internet site that you own, operate, or to which you are otherwise authorized to link. Bestcanvas reserves the right in its sole discretion to remove any Posted Links for any reason whatsoever.(c) Inclusion of any links (Posted Links or others) in Posted Information does not imply any endorsement by or responsibility of Bestcanvas with regard to the contents of sites related to User Links.
3. USER REPRESENTATIONS AND WARRANTIES.
3.2 If you believe that any Posted Information infringes your copyrighted works, you may provide a notification of claimed copyright infringement to Bestcanvas’s Designated Agent for copyright complaints. Please see our Copyright Complaint Policy, available at www.bestcanvas.com/copyright, for further information.
4. DISCLAIMERS, EXCLUSIONS, LIMITATIONS, INDEMNIFICATION.
For avoidance of doubt, please note that the term “Site” as used in Section 3 encompasses all content of this Site whatsoever, including but not limited to Posted Information.
6.2 You agree to the sole and exclusive jurisdiction and venue of the federal or state courts sitting in Dade County, Florida, in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it, and you waive any defense against the exercise of jurisdiction of such courts, including but not limited to forum non convenience. You and Bestcanvas irrevocably waive the right to jury trial.
Copyright 2014 – © Bestcanvas, Inc., 3443 NW 107th Street, Miami FL 33167. All rights reserved.