Terms of Service Agreement
Last updated: April 8, 2016
1. My Intellectual Property
All material and services available on the Site, and all material and services provided by or through TheCartoonist, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by me or other parties that have licensed their material or provided services to me, and are protected by copyright, trademark, trade secret and other intellectual property laws. All TheCartoonist trademarks and service marks, logos, slogans and taglines are the property of TheCartoonist. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on TheCartoonist without my express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
2. My Services
Subject to this Agreement, TheCartoonist hereby grants you a limited, revocable, non-transferable and non-exclusive license to use the Site to make your own CARTOONS with me.
I provide customers with two (2) High-Resolution (300dpi) copies of your hand-drawn cartoon - one in JPG and one in PNG format. Customers will submit a high quality photo they selected which includes their preferred human face and TheCartoonist will create a high quality caricature of the face using vector art, employing the use of Bézier curves.
3. What You Provide
You are legally responsible for all information and photographs uploaded, posted or stored in connection with your use of the Services (“Content”). TheCartoonist is not responsible for your Content. I assume that your content is safe to view by the general public and is not in violation of any of the rules of my site. I am held harmless from any complaints that may arise due to your violation of the rules, and I reserve my right to delete any photographs or information that I deem inappropriate.
You are responsible for any Content that may be lost or unrecoverable through your use of the Services. You are encouraged to archive your Content when possible.
4. Rights to Your Cartoons
You are given all the rights to use your finished CARTOONS in any way that is appropriate to your needs. These are, but are not limited to: using it in print media, posting or making it your social media customer picture, using it on your website, using it for your business, advertisements, and all other mediums that may carry your cartoon. I am not responsible for any legal complications that may arise through the use of your cartoon.
Upon providing me your photograph to be used for making your CARTOONS, you implicitly give me the right to modify your photograph but in no way does TheCartoonist have ownership over your photographs, before and after it was modified. Thus if the photograph you may have submitted to me may be copyrighted by another party, or infringes on the right to publicity of an individual, I are not party to it, and as stated here, all responsibility and ownership of said cartoons are solely of the customer.
You also implicitly provide me the right to promote your cartoons on website, social media accounts, as well as other media I use to promote my services UNLESS you specify that you do not want your cartoons be used for my promotional requirements.
5. Comments and Feedback
Any questions, comments, suggestions, ideas, feedback, or other information provided by you to me (“Comments”) are not confidential and you hereby grant me a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as I deem appropriate, for any and all commercial and/or non-commercial purposes, in my sole discretion.
6. Monitoring What You Provide Me
TheCartoonist may, but has no obligation to, monitor Content on the Site created using my Services. I may disclose any information necessary or appropriate to satisfy my legal obligations, protect TheCartoonist or its customers, or operate the Services properly. TheCartoonist, in its sole discretion, may refuse to post, remove, or require you to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
7. Copyright Complaint Policy
If you believe any part of this website infringes your copyrighted works, you may provide a notification of claimed copyright infringement to my designated agent for copyright complaints. Please email me to provide more detailed information as to reach a resolution.
You agree to all of the following:
a. You hereby certify that you are at least 18 years of age.
b. You will ensure the email address provided when purchasing a CARTOON is valid at all times and will keep your contact information accurate and up-to-date.
c. You will not use the Services for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, copyright infringement, and identity theft.
d. You will not use the Services to impersonate another person.
e. You will not provide photographs or images which may have pornographic, violent, and mature content. You will not provide images that infringe upon the privacy and good name of other individuals. These will be deleted when found by the site’s administrators. Any CARTOONS that are purchased using such photographs or images will be notified through email and will not receive a refund.
f. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or that may impact the ability of any TheCartoonist customer to access the Services.
g. You will not access the Services through automated methods. The Services may only be used or accessed through an electronic device through manual control at all times.
h. You may not upload individual files larger than 20MB.
i. You will not attempt to or actually override any security component included in or underlying the Services.
j. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on TheCartoonist’s infrastructure.
k. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
l. You verify that your country of residence is the same as your billing address.
TheCartoonist may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in customer information tracking with such information being stored to identify the offending customer. Offending customers may be permanently restricted from using the Services. If TheCartoonist reasonably determines that your cartoons are being used for illegal or fraudulent activity then your cartoons and other information may be immediately deleted and your financial data erased. I may also report you to law enforcement officials in the appropriate jurisdictions.
9. Cartoonize The World – Social Media Accounts
In accordance with the vision of TheCartoonist, it is my mission to cartoonize the world and its inhabitants. I dedicated a part of my web presence to cartoonizing individuals that have greatly contributed to my history, culture, and society. These cartoons are free to be used by anyone provided that they do not use it for unethical and unlawful purposes. I am in no way using these caricatures of famous and renowned individuals for commercial use. If any person were to use these cartoons for other than personal use, then TheCartoonist is not party to any legal issues that may arise out of this.
Any other cartoons used in parts of the Site are merely to showcase the artistry being used to create these cartoons, and are not implicit endorsements by these public individuals for the use of my website and caricature services.
10. Fees, Refunds, and Concerns
a. You agree to purchasing a THECARTOONIST CARTOON for $25.00.
b. TheCartoonist absolutely offers no refunds for any of my CARTOONS. I guarantee only the best quality of work possible with the most professional digital cartoonist. The reasons that may create the impression of sub-par work may include:
If there are any comments and feedback with regard to the quality of your cartoon, please email me and let me know.
c. However, I offer revisions within reasonable limits given that the output does not come up to par to the customers’ expectations—especially for REQUEST CARTOONS. TheCartoonist reserves the right to deny REVISIONS if they are an abuse of the service. Revisions are GUARANTEED to arrive in 72 hours. After a week of delivering a final product to you I will consider your project COMPLETED—no revisions will be made afterward.
11. Links to Third Party Websites; No Implied Endorsement
The Site may contain links to other web sites owned by third parties. Please note that when you click on any of these links, you are entering another website for which I have no responsibility or control. You agree that I shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on the Site. In no event shall any reference to any third party, third party website or third party product or service be construed as an approval or endorsement by me of that third party, third party website or of any product or service provided by a third party.
12. DISCLAIMER OF WARRANTY
The site, services and materials are provided “as is,” “as available,” “with all faults” and without any warranty of any kind, express or implied. To the fullest extent permissible under applicable law, TheCartoonist and its licensors disclaim all warranties of any kind, either express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither TheCartoonist nor its licensors warrant that access to the site, the materials and/or the services available on or through the site will be uninterrupted or error-free, or that defects, if any, will be corrected; nor does TheCartoonist or its licensors make any representations about the accuracy, reliability, currency, quality, completeness, usefulness, performance, security, legality or suitability of the services, the materials or the site. You expressly agree that your use of the site and your reliance upon the services is at your sole risk.
Further, TheCartoonist and its licensors make no representation or warranties that the services or the materials or the site are appropriate or available for use in all geographic locations. If you use the site, the services or the materials outside the Republic of the Philippines, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Neither TheCartoonist nor any third party providers, partners or affiliates warrant that the site, its servers the materials or the services or any e-mail sent from the site or any third party providers, partners or affiliates are free of viruses or other harmful components.
13. LIMITATION OF LIABILITY
I are not liable to you or any other person for damages of any kind, including without limitation any punitive, exemplary, consequential, incidental, indirect or special damages (including, without limitation, any personal injury, lost profits, business interruption, loss of programs or other data on your computer or otherwise) arising from or in connection with use of the site, the services, the materials, your content, the commercial products or any third party customer generated content available on or through the site, whether under a theory of breach of contract, negligence, strict liability, malpractice or otherwise, even if TheCartoonist has been advised of the possibility of such damages. You hereby release TheCartoonist and hold TheCartoonist and its parents, subsidiaries, affiliates, licensors, and their officers, directors, trustees, affiliates, subcontractors, agents and employees, harmless from any and all claims, demands, and damages of every kind and nature (including, without limitation, actual, special, incidental and consequential), known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with the use of the services, materials, site, your content, commercial products or any third party customer generated content available on or through the site. You hereby waive the provisions of any local laws limiting or prohibiting a general release.
14. EXCLUSIVE REMEDY
In the event of any problem with the site, the services, the materials, you agree that your sole and exclusive remedy is to cease using the site, the services and the materials. Under no circumstances shall TheCartoonist, its affiliates, or licensors be liable in any way for your use of the site, the services, the materials, your content, the commercial products or third party customer generated content available on or through the site, including, but not limited to, any errors or omissions, any infringement of the intellectual property rights or other rights of third parties, or for any loss or damage of any kind incurred as a result of, or related to, the use of the site, the services, the materials, your content, the commercial products or any third party customer generated content available on or through the site.
I may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or add, change and modify prices for all or part of the Services for you or for all my customers at any time and in my sole discretion. All of these changes shall be effective upon their posting on the Site or by direct communication to you unless otherwise noted. I further reserve the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by me to be contrary to this Agreement. For avoidance of doubt, TheCartoonist has no obligation to store, maintain or provide you a copy of any content that you or other customers provide when using the Services.
You agree to indemnify, hold harmless, and defend TheCartoonist and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively "Indemnified Parties") from and against any and all liability, loss, claim, damages, expense, or costs (including but not limited to attorneys' fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to (i) your use of the Services, the Site or the Materials, (ii) your Content (images and photographs). This includes, but is not limited to, any breach or violation of this Agreement by you. You agree to fully cooperate at your expense as reasonably required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.
I reserve the right, in my sole discretion, to modify or replace any part of this Agreement at any time. I reserve the right to change vector art styles that will suit the ever changing needs of my customers as it is deemed fit. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. I may also, in the future, offer new services and/or features through Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Quezon City, Philippines without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of the Republic of the Philippines. TheCartoonist's office can be located at 333 P.Tuazon St., Project 4, Quezon City, Philippines; thus the exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the Regional Trial Courts of Quezon City, Philippines, and you hereby submit to the personal jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You acknowledge that a violation or attempted violation of any of this Agreement will cause such damage to TheCartoonist as will be irreparable, the exact amount of which would be impossible to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that TheCartoonist shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by TheCartoonist in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
In no event shall you be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of TheCartoonist, the exploitation of any advertising or other materials issued in connection therewith, or the exploitation of the Site or any content used or displayed through the Site.
a. If any portion of this Agreement is found to be unenforceable, the remaining portion will remain in full force and effect.
b. If I fail to enforce any of this Agreement, it will not be considered a waiver.
c. Any amendment to or waiver of this Agreement must be made in writing and signed by me.
d. You will not transfer any of your rights or obligations under this Agreement to anyone else without my prior written consent.
e. All of my rights and obligations under this Agreement are freely assignable by me in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
f. This Agreement does not confer any third party beneficiary rights.
g. A printed version of this Agreement and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Above all, I value my Client’s trust and privacy in making their cartoons. I recognize the sensitive information provided to me due to the images and photographs, as well as the information you provide me once you purchase one of my CARTOON services. Your Name, Email Address, as well as any other sensitive details are secure between you, the client, and TheCartoonist.
TheCartoonist requires an image you want to cartoonize either using the THECARTOONIST STYLE or REQUEST CARTOON service. TheCartoonist requires you to provide your Name and email address to deliver my cartoons. You must provide this information to assure the best service from my Site.
When accessing web pages on the Website, TheCartoonist may log your IP address, access URL, time of access, geographic location, browser type, and referral URL in order to provide me with internal information regarding site traffic statistics. This information may also be used to identify customers who are using the service for spam or other activity that is deemed in conflict with my Terms of Service. Otherwise, this information is used in the aggregate, and is never linked back to any personally identifiable information.
The Site provides customers the opportunity to interact and post content through various social media sites including, but not limited to, Twitter, Facebook, Google+, Instagram, Tumblr, and YouTube. Your interactions with such tools, and any information you provide in connection with these interactions are publicly viewable outside of the Website domain. Each social media site has its own privacy policies which may be more or less protective than this Policy. If you do not wish for this information to be disclosed, then you should not use these tools. I am not responsible for information you choose to post in this forum.
TheCartoonist collects this information to better serve your cartoon needs and requests, which may eventually lead to a Customer purchasing more cartoons through my website. From time to time, TheCartoonist may send updates or special promotions regarding TheCartoonist. The Site may also send updates of similar nature. This information however, will not be willingly shared to any third party marketing company, and will strictly be used between TheCartoonist and its Clients.
I use industry standard security checks to ensure that my servers are not in any way compromised that may jeopardize your personal information. However, no company, including TheCartoonist, can fully eliminate security risks associated with the transmission of personal information through online transactions, and you do so at your own risk.
All Customer information is stored in my servers. I will retain your information for as long as your cartoon order is active or as needed to provide you services. I will retain and use your information as necessary to comply with my legal obligations, resolve disputes, and enforce my agreements.
Only promotional service announcements, as described above, will be issued without prior authorization. If you do not want to receive promotional announcements from TheCartoonist about new updates, product offerings, and promotions, you may contact me and I will not send you further promotional announcements.
As is true of most websites, I gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.
I use this information, which does not identify individual customers, to analyze trends, to administer websites, to track customers' movements around websites and to gather demographic information about my customer base as a whole. I do not link this automatically-collected data to personally identifiable information.
This Website contains links to other sites that are not owned or controlled by TheCartoonist. Please be aware that I, TheCartoonist, am not responsible for the privacy practices of such other sites.
I encourage you to be aware when you leave my site and to read the privacy statements of each and every website that collects personally identifiable information.
I reserve the right to disclose your personally identifiable information as required by law and when I believe that disclosure is necessary to protect my rights and/or to comply with a judicial proceeding, court order, or legal process served on me, my subsidiaries, affiliates, employees or agents.