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  1. Kanvas Mobile Application User Agreement
  2.  
  3. Welcome. The following terms set out the terms and condition on which we offer you access and use of Kanvas’s applications, software and services (the “Applications”). Please review these terms carefully.
  4. BY INSTALLING, USING THE APPLICATIONS OR REGISTERING WITH US, YOU SIGNIFY THAT YOU ACCEPT AND AGREE TO THE FOLLOWING TERMS.
  5. If you do not agree to these Terms, you must not use the Applications.
  6. NOTICE OF ARBITRATION AGREEMENT
  7. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
  8. All disputes between you and we will be resolved by binding arbitration. PLEASE REVIEW THE SECTION ENTITLED “HOW TO RESOLVE A DISPUTE WITH US” below.
  9. Definitions
  10. The following definitions apply to this Agreement:
  11. "You" means the person accepting this Agreement to access and use the Applications.
  12. “We” or “us” means Kanvas Labs, Inc. and its parent company, AOL Inc., its subsidiaries, divisions, successors and affiliates who provide the Applications to you.
  13. These Terms
  14. These terms serve as an agreement between you and us regarding your use of the Applications (the “Terms” or “Agreement”). By registering and/or using the Applications, you confirm you have reviewed and accepted the terms and conditions of this Agreement. We may modify these Terms at any time. The changes take effect after we notify our users of the changes. If you do not agree to the changes, please discontinue your use of the Applications before the changes take effect.
  15. The Applications
  16. The Applications offers a platform in which users can create and customize videos, slide shows and other content to share with others. We may, in our sole discretion, change or discontinue any aspect of the Applications without notice.
  17. Rules regarding registration and use of your account
  18. You must comply with applicable laws and regulations when you use the Applications. You may not access or use the Applications where prohibited by law.
  19. “You may only register as a user if you can form a legally binding contract that is enforceable against you.
  20. When you sign up to use the Applications, you must submit true and accurate registration information about yourself.
  21. You must create a user identification (“User ID”). You may not use a User ID that could be confused with someone else’s trademark or brand name.
  22. You may not transfer your User ID to anyone else.
  23. We may in our sole discretion reject any registration application. You are bound by any terms that apply to your User ID.
  24. You must keep any information about yourself and your entity up to date at all times. We are not liable to you if your registration is incomplete or inaccurate and if we are unable to contact you regarding a transaction.
  25. You are responsible for maintaining security and control over your User ID and account. You are responsible for any consequences and activities that occur under your account. You must notify us immediately if you believe your account has been compromised.
  26. Terms applying to all User who posts content on the Service
  27. We give our users the ability to post and share comments, information, video, slide shows and other content through the Applications. You can post content to the Applications only if (a) you created and own the rights to the content or you have the owner’s express permission to post the content; (b) you have express permission to use the persons or locations appearing in your content; and (c) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this Agreement, our guidelines, or any other posted policies. We can remove content for any reason although we do not have an obligation to anyone to do so.
  28. You are responsible for any content you post to the Applications and the consequences of sharing or publishing such content with others or the general public. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. You may not include musical tracks or musical recordings, including as background, within your content. You may not post content intended to provide professional advice, including the provision of medical treatment, legal advice, or investment advice. You may not post content that:
  29. Promotes controlled substances (such as steroids, narcotics, tobacco products, electronic tobacco products, prescription drugs, and marijuana), medical devices or products or services presenting a risk to consumer safety;
  30. Promotes drug paraphernalia;
  31. Contains obscene or pornographic materials;
  32. Contains hate speech, bullies or degrades others;
  33. Contains music;
  34. Promotes stocks, bonds or other securities, real estate, insurance or banking or financial services;
  35. Contains fake endorsements or recommendations;
  36. Offers business opportunities, pyramid schemes, multilevel marking or get rich schemes
  37. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; or
  38. Infringes or violates others’ intellectual property rights, privacy rights or proprietary rights or wrongfully disclosing confidential information.
  39. General restrictions on use of the Applications
  40. You may not, either directly or indirectly, access or use the Applications in a way that:
  41. Violates these Terms or the law;
  42. Copies, scrapes, crawls, mines, spiders, records, aggregates, resell, retransmit, redistribute, modify, translate or otherwise create derivative works of the Applications, its computer network, database, content, user IDs or passwords;
  43. Frames our Applications or content;
  44. Uses any automated means to create one or more users on the Applications;
  45. Uses our trademarks, logos or trade names without our express authorization;
  46. Makes excessive traffic demands on our computer networks, impair, damage, disable or otherwise attack us or our computer networks;
  47. Modifies, adapts, sub-licenses, translates, sells, reverse engineers, decompiles or dissembles any portion of the Applications;
  48. Violates any export restrictions;
  49. Impersonates any person, business or entity, including our employees and agents;
  50. Intentionally or negligently misleads others;
  51. Creates profiles or represent others without the express authorization from such person or entity; or
  52. Resell the Applications or resell any Items offered on the Applications.
  53. We reserve the right – but we do not have any obligation – to monitor the content posted on the Applications. We have the sole right to remove in our discretion any content for any reason, including without limitation, content we deem in violation of these Terms.
  54. You give us certain rights to use your content
  55. When you submit or post content or any Item for sale on the Applications:
  56. You grant us, our affiliates, and distributors a perpetual, worldwide and royalty free right to use, copy, store, display, perform, distribute, redistribute, syndicate, transmit, adapt and promote your content, and any information contained within such content, in any medium including, without limitation, the use of your user name and alias associated with your content;
  57. You grant other users of the Applications free permission to view and use your content;
  58. You represent and warrant to us that any content you submit is owned by you or that you have the express right to use it; and
  59. We own all rights in any compilation and collective works of content as organized and presented on the Service and retained in our databases.
  60. If you participate in any feature on the Applications that allows users to share, modify, or combine user content with other content, you grant us and our users an irrevocable, royalty free, fully paid up, perpetual, worldwide right and license to use, share, reproduce, modify, create derivative works, display, distribute and perform your content on the Applications. Any suggestions or ideas that you submit to us become our property and can be used by us for any purpose. We will not pay you for your submissions.
  61. Virtual Coins
  62. We may under the following terms and conditions award virtual trophies, badges or other rating points based on the level of your participation or activity with the applications, which we refer to as “Virtual Coins.”
  63. We may, in our discretion, post charges to your payment method individually or we may aggregate your charges with other purchases you make through Applications. Any submission you make for electronic purchases constitutes your intent and agreement to be bound by the terms of and pay for such purchases. For your convenience, you authorize us to store your payment information and process all charges associated with your Applications.
  64. You may be given the option to use a convenience feature that imports your payment information previously entered during a prior purchase from us, which we will use to process your order, and which we will store in connection with your account. It is your responsibility to maintain your online account, including current contact information and valid payment information, in order to continue to receive Services under monthly or other subscription plans.
  65. All sales are final. Prices for products and services offered via the Applications may change at any time, and the Applications do not provide price protection or refunds in the event of a price reduction or promotional offering.
  66. No Spam
  67. You may not use or allow others to use your username on the Applications to e-mail, instant message, text message (or SMS message), voice mail, fax, chat, send spam (e-mail) and spim (instant messages), or send any other unsolicited bulk communication. You may not access the Applications in violation of applicable laws or to harvest or collect any information about our users for any purpose without our express written authorization. You may not create multiple usernames for sending unsolicited bulk communications or posting advertising or other notice on the Applications. Any violation of these provisions may result in immediate termination of your account and legal action.
  68. Our disclaimers
  69. We offer the Applications “as is” without express or implied warranties of any kind, including without limitation, any warranty of merchantability, fitness for a particular purpose, noninfringement, accuracy, availability, that the Service is accessible at all times on all devices, or that the applications will meet your requirements.
  70. Limits on Liability
  71. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE APPLICATIONS.
  72.  
  73. YOUR ONLY REMEDY FOR ANY DEFECTIVE PRODUCTS PURCHASED THROUGH US IS REPLACEMENT OF THE PRODUCT. IN ANY OTHER DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL (IF APPLICABLE) ANY FEE-BASED SERVICES. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID DURING A ONE-MONTH PERIOD PRIOR TO THE TIME A CLAIM IS MADE UNDER THIS AGREEMENT.
  74.  
  75. SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
  76. Term
  77. We may cancel or terminate your access and use of the Applications any time, for any reason. You may cancel the Applications at any time by discontinuing your use of the Applications and by uninstalling the Applications on your devices.
  78. Claims over Copyrights and Trademarks
  79. Copyright and trademark owners can report alleged violations by following the instructions for reporting claims of copyright and trademark infringement.
  80. User Information
  81. By using the Applications, you agree that we may collect information from you to operate and provide the Service in accordance with our Privacy Policy.
  82. Our Rights
  83. The Applications are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of the Applications.
  84. Indemnity
  85. You agree to defend, indemnify and hold us, our officers, directors, employees, business partners and agents, harmless 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 breach of any obligation under this Agreement, (ii) your content, (iii) your use of materials or features available on the Applications. or (iv) a violation by you of applicable law or any agreement or terms with a third party to which you are subject. You will cooperate as fully as reasonably required in the defense of any claim.
  86. This is the entire agreement
  87. These Terms constitute the whole legal agreement between you and us and replace any prior agreements between you and us.
  88.  
  89. If a court of law finds that any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
  90.  
  91. We may assign this contract at any time without notice to you. You may not assign this contract to anyone else.
  92. How to resolve disputes with us
  93. We offer the following process to help you resolve a complaint or dispute that you may have with us or your use of the Applications. Please read this section carefully. Our customer support department, which you can reach at 1-800-827-6364, can help you resolve many of your concerns. If our customer support team is unable to resolve your complaint, you agree to take the following steps to resolve any dispute you may have with us.
  94. Step 1. Notice of Legal Dispute
  95. You must first try to resolve any formal complaint or dispute with us through our Notice of Legal Dispute process. You begin by submitting a “Notice of Legal Dispute” by U.S. Mail to:
  96. Kanvas Labs, Inc.
  97. c/o AOL Inc.
  98. Attention: Notice of Legal Dispute
  99. Dept. 5771
  100. PO Box 65101
  101. Sterling, VA 20165-8806
  102. A “Notice of Legal Dispute” is a written form in which you provide your name, address, contact information, your AOL user name, the facts regarding your Dispute, and the relief you are requesting from us. You can get a Notice of Legal Dispute form by clicking here. You and we will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Legal Dispute is received by a party. After sixty (60) days, you or we may initiate arbitration as described below.
  103. You agree that the term “Dispute” in this Agreement will have the broadest meaning possible. It applies to any dispute, action, or other controversy between you and us concerning the Applications or this Agreement, whether in contract, warranty, tort, laws or regulation. The term also applies to any dispute over the validity, enforceability or scope of this arbitration provision.
  104. Step 2: Arbitration
  105. If your Dispute is not resolved to your satisfaction within 60 days from when we received your Notice of Legal Dispute, you and we agree to arbitrate all Disputes between us. As we explain below, you and we also may also have the right to bring an individual action before a small claims court for certain claims. You agree that arbitration or a small claims action will be your sole and exclusive remedy to resolve any dispute with us. The Federal Arbitration Act applies to this Agreement. By agreeing to arbitrate, you are giving up the right to litigate (or participate in as a party or class member) any and all Disputes (except small claims) in court before a judge or jury. Instead, a neutral arbitrator will resolve all Disputes. To read more about arbitration, visit www.adr.org. The American Arbitration Association (the “AAA”) will conduct any arbitration under its Commercial Arbitration Rules. If you are an individual and use the Applications for personal or household use, the AAA’s Consumer Arbitration Rules will apply. You can review the Consumer Arbitration Rules here. You may begin arbitration with us by completing a Demand for Arbitration form, available by clicking here. The completed form(s) should be returned directly to the AAA. The AAA will assign someone to manage your case. You will be contacted with instructions for continuing the arbitration process. Be sure to keep a copy of everything you send to the administrator of your arbitration or us.
  106. Costs
  107. If your claim in arbitration is $75,000 or less, we will pay your filing fee, as well as other filing, AAA and arbitrator’s fees and expenses. For all other arbitrations you initiate, the AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses. Information about filing fees for commercial arbitrations can be found in Section L-3 of AAA’s Commercial Arbitration Rules. If we, instead of you, initiate arbitration, we will pay all filing, AAA, and arbitrator’s fees and expenses. You may initiate arbitration only in your county of residence or in Loudoun County, Virginia. The AAA rules will determine whether the arbitration will take place through written submissions by you and us, by telephone, or in person.
  108. We will not seek to recover from you our attorney’s fees or expenses in any arbitration. Fees and expenses are not counted in determining how much is involved in a Dispute. Please be advised that if an arbitrator finds that the arbitration was frivolous or brought for an improper purpose, then we will seek to recover from you our AAA arbitrator’s fees and expenses, and/or your filing fees that we paid.
  109. Incentive
  110. We offer the following incentive for users who arbitrate any Dispute with us for any claim that is under $10,000. If you reject our last written proposal to resolve your claim before an arbitrator was appointed (the “Proposal”), and the arbitrator awards you more than the amount of our Proposal, we will: (i) pay you the greater of the award or $1,000; (ii) pay twice your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
  111. Small Claims Option
  112. You may also litigate any Dispute in small claims court in your county of residence or Loudoun County, Virginia, USA, if the Dispute meets all requirements to be heard in the small claims court. However, if you initiate a small claims case, you are responsible for all court costs and you are not entitled to the incentives we offer to you above for arbitration.
  113. You Waive Any Class Action Claim
  114. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Class arbitrations, class actions, private attorney general actions, consolidation of your Dispute with other arbitrations, or any other proceeding in which either party acts or proposes to act in a representative capacity are not permitted and are waived by you, and an arbitrator will have no jurisdiction to hear such claims. If a court finds that the class action waiver in this section is unenforceable as to all or some parts of a Dispute, then the class action waiver will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Dispute resolution section is found to be illegal or unenforceable, that provision will be severed with the remainder of this section remaining in full force and effect.
  115. Additional Terms
  116. You agree that the laws of the Commonwealth of Virginia govern this contract and any claim or Dispute that you may have against us, without regard to Virginia’s conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
  117.  
  118. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Arlington County, Fairfax County, the City of Alexandria, or Loudoun County, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
  119. Unless you and we agree otherwise, in the event that the Agreement to arbitrate above is found not to apply to you or to a particular claim or Dispute as a result of a decision by the arbitrator or a court order, you agree that any Disputes or claims that you may have against us reside in and will be resolved by a state or federal court located in Arlington County, Fairfax County, the City of Alexandria, or Loudoun County, Virginia and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
  120. PLEASE NOTE THAT BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE COMMONWEALTH OF VIRGINIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE COMMONWEALTH OF VIRGINIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
  121. Claims or Disputes must be filed within one year
  122. To the extent permitted by law, any claim or Dispute under this Agreement must be filed within one year in small claims court, an arbitration proceeding or in court, as applicable. The one-year period begins on the date when a Notice of Dispute is filed with us. You agree you are permanently barred to bring a claim for your Dispute if you do not file your claim within one year.
  123. Quick Reference on our dispute process
  124. You always can find additional information about arbitration and our dispute resolution process by reviewing our FAQs. Please note that our dispute process is mandatory and not optional for all users
  125. You and we will transact electronically
  126. You are agreeing to these Terms with us and terms with other Users electronically. Your transactions with us and the Applications will have the same effect as one in writing and are legally enforceable as a signed writing. You also consent to receive all communications regarding the Applications electronically from us. Do not use the Applications if you do not agree to transact electronically. You can print any terms if you have a computer with a standard internet browser, an Internet connect, and a printer that works with your device.
  127. Additional terms; Terms Applying to use of Applications on Apple Devices
  128. These following terms and conditions supplement and apply for users who use the Applications on iPhones, iPad and Apple watch products provided by Apple, Inc. (“Apple”).
  129. Provided that you comply with these Terms, we grant you a personal, limited, non-exclusive and non-transferable license to use our Applications on a single, authorized computing device for personal and internal business purposes and subject to the Usage Rules set forth in Apple’s App Store Terms of Service. This license does not entitle you to receive from us hard-copy documentation, support, telephone assistance, or enhancements or updates to the Applications.
  130. You understand and agree that Apple has no obligation whatsoever to furnish any maintenance and support services regarding the Applications.
  131. Apple shall not be responsible for any claims by your or any third relating to your possession and/or use of the Applications, including but not limited to (i) product liability claims, (ii) any claim that the Applications fail to conform to any applicable legal or regulatory requirement, (iii) claims arising under consumer protection laws or similar legislation, and (iv) claims by any third party that the Applications or your possession and use of the Applications infringe the intellectual property rights of the third party.
  132. You represent and warrant that you are not located in a country that is subject to a U.S. Government embargo, or that you are located in a country that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties.
  133. You agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms and conditions against you as a third party beneficiary thereof. If you can any questions or comments regarding these terms and conditions, you may write to:
  134. Kanvas Labs, Inc.

  135. c/o AOL Inc.
  136. Legal Department
  137. 22000 AOL Way
  138. Dulles, Virginia 22010
  139. Updated: 13 October 2015
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