This Agreement ("Agreement") sets out the terms of service and conditions of your use of the Service, which is a fee-based online service for pre-approved entities and organizations to use the Service to receive and review submissions from their clients ("Participants".)
By accessing the Service, YOU AND YOUR AGENTS AND END USERS WHETHER IN CONNECTION WITH A PAID, FREE OR TRIAL ACCESS OF THE SERVICE AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. THROUGHOUT THIS AGREEMENT "we", "us" AND "Company" SHALL MEAN InfoSource, Inc., d/b/a Kodexio, a Maine based Corporation.
This Agreement is effective and is binding upon you and the company, organization or other legal entity you represent and its Affiliates (collectively referred to as “you”), as of the date you submit your registration on the Website or begin using the Services (the "Effective Date"). If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer, or the applicable entity, to these terms and conditions. You further represent that you have read and understand this Agreement; and you agree, on behalf of the party that you represent, to this Agreement. If you don't have the legal authority to bind your employer or the applicable entity or if you do not agree with this Agreement, you must not continue with any signup (or, if applicable, do not sign this Agreement) or use the Service. You represent and warrant that, if an individual, you are at least 18 years old and otherwise legally competent in all respects to be bound by this Agreement.
The Company reserves the right to revise from time to time this Agreement, such changes to be effective upon posting on Company’s Website ("SubmitArts.com".) Please check the Terms of Service periodically for changes. Your continued use of the Website and Services following the posting of any changes to the Agreement constitutes your acceptance of those changes.
Participant Submissions. For a full understanding of the policies related to your submission please check the policies of the Organization inviting you to submit. We act as a custodians on behalf of that organization. The Organization inviting you to submit uses our Service to receive your submissions, but they control your data and submission, except as further described in this document. It is the Organization inviting you to submit that is solely responsible for compliance with any data protection and privacy laws and rules applicable to any sensitive information you provide.
The service does not claim ownership of any information, data, text, videos, music, photographs, graphics, or other materials you submit through the Service (“Participant Submissions”). The Service does not pre-screen submissions and you agree that you are solely responsible for all of your Submissions. Again, please check with the organization you are submitting information to for additional policy information.
Copyright Violation. Any participant who uses the Service in violation of copyright law will result in immediate termination of that account.
Email Communications. By providing your email address to the Service you agree to receive administrative, and transactional announcements. Should you receive any newsletters, and marketing emails from the Service you will be able to opt-out from these emails.
Forms and Submissions. We do not claim ownership of any information, data, text, music, sound, photographs, graphics, video, or other materials you submit or make available for inclusion on or through the Service (“Submission Forms”). When we make a Form, Submissions page or a Submission Showcase Website, you are able to use it for the purpose of collecting information, reviewing submissions and showcasing results, but you acknowledge that these forms and showcase websites are not owned by you but they are rather part of the service. We are able to distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display any Submission Forms we create or that you use with the Service. Submissions and Showcase websites will only be made public with your permission and you are responsible for securing such rights from your clients or users. We do not pre-screen submissions and you agree that you are solely responsible for all of your User Submissions.
Payments and Deposits. In addition to setup fees the Service requires that you maintain a balance to cover for ongoing activity based fees. This means that you will be responsible for checking that there is a sufficient deposit to cover any ongoing activity fees. For example, if every submission incurs a $2 fee and you predict 50 new submissions in the next 7 days, you should then keep a deposit in excess of $100 to cover for the activity fees in your account. If at the end of an event you have a balance you can request to get that balanced credited to your Payment Account of record (the same account that receives submission payments). Otherwise, the balance may be used to host submission data for prolonged periods of time for new submission events.
Payment processor details. You warrant that the PayPal account you provide to the Service is correct and you shall promptly notify us of any changes to the information. We do not store any credit card information in our servers. You agree that if your deposit payments cannot be processed for any reason, we may suspend or cancel your access to the Service.
Event Expiration and Downgrades. Once an event becomes inactive, because it has gone over the Plans allowed number of days, access to the event's data is not possible. You can opt for additional hosting services to keep the event active. Downgrading your Service Plan may cause the loss of features or capacity of your account. To the extent permitted by applicable law, we do not accept any liability for such losses. Submission Data is available only while a submission event is active.
Spam. You agree that you will not use the Service for scamming purposes to attract, lure, or illegally obtain payment of any sort. Any account reported or found doing so will be immediately suspended.
Phishing. We may terminate your access to the Service immediately if a Submission Event’s purpose is found to be deceptively obtaining, for example: sensitive credit card information, social security numbers, user login credentials, or other sensitive personal information. All these activities are considered as Phishing and any account along with the violating forms will be suspended immediately.
Collecting Sensitive Information. You may not use the Service to collect certain types of sensitive information, including but not limited to, credit card information, any type of login credential, social security numbers, driver’s license numbers, or any government issued ID card numbers. You are solely responsible for compliance with any data protection and privacy laws and rules applicable to the sensitive information.
Additional information for California residents. With regard to the California Consumer Privacy Act of 2018, we do not sell or share or make available your Submission Event's entry form data without your express permission. Although we do not sell or share your personal information, if you would like to opt-out from us ever doing so, please submit a written request to email@example.com.
Copyright Infringement. We respect the intellectual property rights of others. Accordingly, we have a policy of disabling access to any Submission that violates copyright law, suspending access to the Service to any user who uses the Service in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the Service in violation of copyright law.
Trademarks. SubmitArts is a trademark of InfoSource Inc. The Service logo is a trademark of InfoSource Inc. You are not authorized to use any such trademarks. Ownership of all such trademarks and the goodwill associated therewith remains with InfoSource, Inc. You agree not to display or use, in any manner, any of the Trademarks or copyrighted material without our prior written consent. All other third party trademarks, service marks, logos and trade names appearing on any services which are part of the Service are the property of their respective owners. No transfer or grant of any rights under any Trademarks is made or is to be implied by any provision of this Agreement or by any other provision contained in the Service, and all rights in such Trademarks is reserved by us or respective holders.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. You shall be responsible for payment of all such taxes, levies, and duties, including any sale or value-added taxes and similar taxes and duties imposed by any governing authority in any jurisdiction in connection with your use of the Service. We may add to the fees at the then applicable rates.
Termination. You agree that we may terminate or suspend your access to all or part of the Service, without notice, if we determine, in our sole and absolute discretion, that you have violated these Terms. Further, you agree that we shall not be liable to you or any third party for removing your submissions or suspending or terminating your access to the Service. You may discontinue your participation in and access to the Service at any time.
Upon termination of this Agreement, for any reason, you agree to cease all use of the Service. Any termination will not affect your obligations to us under this Agreement (including, without limitation, payments, ownership, indemnification and limitation of liability) which are intended to survive such suspension or termination. We will be entitled to discontinue prospective hosting of Submission Event Forms and Submission Data.
Modifications To Terms. We may, in our sole and absolute discretion, change these Terms from time to time. We will post notice of such changes on the Website. If you object to any such changes, your sole recourse shall be to cease using the Service. Continued use of the Service following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
Modifications To SubmitArts Service. We reserve the right to modify or discontinue the Service with or without notice to you. Any pre-paid Submission Events shall not be affected by this notice until the expiration of said subscription(s). Such notice may be provided at any time by posting the changes to the Website or the Service itself.
We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service as envisaged under Termination section.
We shall not be liable in any event for matters which arise due to circumstances beyond our reasonable control.
Email Communications. You agree to receive administrative, announcements, newsletters, sales, and marketing emails from SubmitArts. You can opt-out from these emails by clicking on the “unsubscribe” link at the end of the emails.
Links. We have no responsibility or liability for any link information, or materials found at any other website or Internet resource.
We are not responsible for the content on the Internet or World Wide Web pages that are contained outside the Websites. As a convenience to our members, we may provide links to resources. We make no representations as to the quality, suitability, functionality or legality of any websites to which we may provide links to, and you hereby waive any claim you or the User may have against us with respect to any such websites.
No Resale Of SubmitArts Service. You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service, or access to the Service.
Email Delivery. When someone submits to your Submission Event, you’ll receive an email notification. We go to great lengths to ensure successful delivery of emails. We do not guarantee successful delivery of your email notifications. We recommend that you whitelist the submitarts.com domain name and firstname.lastname@example.org and check daily to make sure you did not miss any notifications or deposit alerts.
Form Availability. We make no warranty that Submission Forms provided by the Service will be available 100% of the time and will be error free. You will be solely responsible for any damage arising from any errors on a Submission Form or unavailability of a Submission Form.
Disclaimer of Warranties. You understand and expressly agree that use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, with respect to the Service (including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, and non-infringement). We make no warranty that the Service will meet your requirements, or that the Service will be uninterrupted, timely, secure, or error free. You understand and agree that any material and/or information downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk, and that you will be solely responsible for any damage arising therefrom. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
Limitation of Liability. You understand and expressly agree that, to the extent permitted under applicable law, in no event will we or our officers, employees, directors, shareholders, parents, subsidiaries, affiliates, agents, or licensors be liable under any theory of liability (whether in contract, tort, statutory, or otherwise) for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses (even if such parties were advised of, knew of, or should have known of the possibility of such damages), resulting from your (or anyone using your account’s) use of the Service.
Exclusions And Limitations. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations and disclaimers in these Terms may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
Indemnification. You agree to indemnify, defend, and hold harmless the Company, its subsidiaries, affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys fees) that such parties may incur as a result of or arising from or relating to your Submissions or any other content you receive, your breach of this agreement or use by you, any end user or third party acting on your behalf of the Service, except to the extent the foregoing directly result from Company's own negligence or willful misconduct. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Miscellaneous. These Terms constitute the entire and exclusive and final statement of the agreement between you and us with respect to the subject matter hereof and supersede any prior agreements or negotiations between you and us with respect to the subject matter hereof. These Terms and the relationship between you and us shall be governed by the laws of the State of Maine as applied to agreements made, entered into, and performed entirely in Maine by Maine residents, notwithstanding your actual place of residence. All lawsuits arising from or relating to these Terms or your use of the Service shall be brought in the Federal or State courts located in Maine, and you hereby irrevocably submit to the exclusive personal jurisdiction of such courts for such purpose. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you nevertheless agree that the court should endeavor to give effect to the intentions of the Company, and you as reflected in the provision, and that the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. All terms, as well as any limitations on liability explicitly set forth herein, shall remain in full force and effect notwithstanding any termination of your use of the Service.