- Welcome to the Voottoo website (the "Site"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use govern your access to and use of the Site, including any Content (as defined below), information, or services therein. This is a legal agreement between you and Voottoo. You understand that by using the Site, you are agreeing to be bound to these Terms of Use. If you do not accept these Terms of Use in their entirety, you may not access or use the Site. Voottoo reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site, or modify these Terms of Use without notice. All modified terms and conditions will be effective after we have notified you of the changes. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site, and if applicable, cancel your membership. By continuing to access or use the Site after we have notified you of the changes, you agree to be bound by such changes.
Site Usage
This Site is owned and operated by Voottoo. All images, illustrations, animations, video, footage and other media content in any medium furnished by Voottoo hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by Voottoo or our licensors and is protected by US and international copyright laws, trade dress, moral rights, and other intellectual property rights. You may view Content provided on the Site but must register as a Member (as described below) and enter into the Voottoo Content License Agreement in order to purchase and download any Content. You may also submit your own artwork for display as Content on the Site, for license and/or purchase by others, by registering as a Member and entering into the Voottoo Content Submission Agreement. Except as explicitly permitted under these Terms of Use or the applicable Voottoo Content License Agreement, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Voottoo or its licensors.
FOR THE PROTECTION OF VOOTTOO AND ITS IMAGE SOURCES AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED. You may not knowingly disable (or attempt to disable) any such watermarking. To access and download Content without a visible watermark, you must register for a Voottoo account, and agree to abide by the terms of the Voottoo Content License Agreement, which are incorporated herein by reference. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site. Additionally, unless authorized by Voottoo in writing, you may not:
(i) deep link or employ software or any automatic device, technology or algorithm, to "crawl," "scrape," search or monitor the Site and/or retrieve or copy Content or related information;
(ii) violate the mechanical restrictions of the Site, or circumvent, disable, or otherwise interfere with other measures employed to prevent or limit access to the Site or Content by hacking or other means;
(iii) copy, redirect, or exploit the Site or any Content;
(iv) probe, scan, or test the vulnerability of the Site or of the network supporting the Site, or seek information on visitors to the Site or personal information of Voottoo customers;
(v) use any device, software or routine that would interfere with the proper functioning of the Site, or any transaction conducted via the Site; or
(vi) forge any TCP/IP packet header or any part of the header information in any posting or in any way use the Site to send altered, deceptive or false source-identifying information.
Your use of this Site shall comply with all applicable local, state, national and foreign law. Voottoo reserves the right, in its sole discretion, to revoke your authorization to view, download and use the Content and information available on the Site at any time and for any reason, with or without notice to you of such revocation, and you agree to immediately discontinue such use upon notice from Voottoo. Voottoo may also restrict or remove Content from the Site for any reason, and you agree to immediately discontinue all use of the Content upon notification from Voottoo.
Despite our efforts to provide accurate information, this Site may contain technical or other mistakes, inaccuracies or typographical errors. Additionally, this Site may include historically and culturally important images and text that may contain subjects that reflect the social attitudes and circumstances of a particular time or location. You should be aware that your search may display results containing content that may seem inappropriate to its context, or text that could be potentially offensive. You are solely responsible for determining whether your use of any Content requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Voottoo. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with legal counsel.
Registration
In order to license or purchase Content subject to the Voottoo Content License Agreement and to access certain features of the Site you must create a Voottoo account and become a "Member". In applying for a Voottoo account, you agree to furnish true and accurate information. Voottoo reserves sole discretion over whether to grant you an account, and you agree to access the authorized sections of the Site and your account only by using login and password supplied to you by Voottoo. You are responsible for safeguarding the confidentiality of your login and/or password, if applicable, and you shall not distribute this access information or allow others to use this access information to gain access to this Site. You agree to take reasonable steps to prevent others from obtaining your access information and to notify Voottoo of any unauthorized access or need to update or remove access for any of your employees or agents. You agree that you will be solely responsible for any activities or actions taken under your password, whether or not you have authorized such activities or actions. Voottoo cannot and will not be liable for any loss or damage arising from your failure to follow these obligations. You agree that you shall not acquire any rights of use, ownership, or bailment as a result of using any Voottoo account or Site or related services. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. If you become a Member you consent to the use of: (a) electronic means to complete these Terms of Use and to provide you with any notices given pursuant to these Terms of Use; and (b) electronic records to store information related to these Terms of Use or your use of the Site.
Privacy
Voottoo's Privacy Policy applies to use of this Site, and its terms and conditions are made part of these Terms of Use by reference. Please consult Voottoo's Privacy Policy for specific information on Voottoo policies for use of your personal information.
User Submissions
Members may be able to submit comments and reviews of artwork and commission custom artwork on the Site by posting text, data, graphics, images, photos and other content and information submitted to the Site ("User Submissions"), and the Site may host, share, and/or publish User Submissions. You understand that whether or not such User Submissions are published, Voottoo does not guarantee any confidentiality with respect to any User Submissions. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or otherwise making available any User Submissions, emails or other materials that are believed to violate these Terms of Use.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Voottoo to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Voottoo, you hereby grant Voottoo a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Site and Voottoo's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Site.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Voottoo all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Voottoo or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements; or (v) impersonate another person. Voottoo does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Voottoo expressly disclaims any and all liability in connection with User Submissions.
Objectionable Content
You understand that when using the Site, you will be exposed to User Submissions and/or Content from a variety of sources, and that Voottoo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions and/or Content. You further understand and acknowledge that you may be exposed to User Submissions and/or Content that are 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 Voottoo with respect thereto, and agree to indemnify and hold Voottoo, its owners and operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
If you are a Member, you further agree not to submit any User Submissions Voottoo considers to be of an adult, sexual or controversial nature, including, but not limited to, any pornographic, sexually explicit or sexually related themes, language, text, music or images (collectively, "Adult Content"), If Voottoo finds User Submissions that it determines, in its sole discretion, contains Adult Content, Voottoo may, without notice, remove or block access to such User Submissions. Voottoo reserves the right to suspend or cancel at any time and without notice a Member's account that Voottoo, in its sole discretion, determines to be in violation of this Section. Voottoo will take all appropriate steps with User Submissions that Voottoo believes violates applicable laws, including cooperation with any investigation. If you see a User Submission that you believe is Adult Content or is in violation of law or this Section, please contact Voottoo immediately.
Termination; Cancellation
We may immediately terminate or suspend your Member account and/or your access to the Site and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms of Use. Notwithstanding the foregoing, we also reserve the right to terminate the Site or your access thereto at any time and for any reason. After such a termination, you understand and acknowledge that we will have no further obligation to provide any Content to you. Upon termination, all licenses and other rights granted to you by these Terms of Use will immediately cease. UPON ANY TERMINATION OR SUSPENSION, ANY INFORMATION (INCLUDING USER SUBMISSIONS) THAT YOU HAVE SUBMITTED ON THE SITE OR THAT WHICH IS RELATED TO YOUR ACCOUNT MAY NO LONGER BE ACCESSED BY YOU. Furthermore, Voottoo will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party.
You may terminate your Voottoo account at any time and for any reason by using the http://www.voottoo.com/contact-us link and sending us a message requesting to terminate your Voottoo account. Upon any termination by a Member, the related account will no longer be accessible. Any cancellation request will be handled within 30 days of receipt of such a request by Voottoo. Any suspension, termination or cancellation will not affect your obligations to Voottoo under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.
Third Party Links
The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that Voottoo is not responsible or liable for the availability or accuracy of, and Voottoo does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Voottoo Trademarks
You may not use the trademarks or service marks of Voottoo without Voottoo's prior written consent.
Indemnification
You agree to indemnify and hold harmless Voottoo and its Content sources, officers, directors, employees, contractors, subsidiaries, joint ventures, licensors and licensees against all claims (including, without limitation, claims by third parties), liability, damages (including punitive damages), judgments, settlements, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (i) Your breach of any terms, conditions or restrictions of these Terms of Use, (ii) Your use or modification of any Content, or combination of any Content, with any text or other content, (iii) Your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) any claim that one of your User Submissions caused damage to a third party; (v) Your failure to obtain from third parties all permissions necessary to use the Content; and (vi) any act or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
Disclaimers and Limitation of Liability
VOOTTOO PROVIDES YOU WITH THE SITE AND CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS. VOOTTOO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, CONTENT, AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING, OR PERFORMANCE. VOOTTOO DISCLAIMS ANY WARRANTIES: (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SITE; OR (II) THAT THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
IN NO EVENT WILL VOOTTOO, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT VOOTTOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT WILL VOOTTOO'S CUMULATIVE LIABILITY TO YOU EXCEED $100.Notification of Copyright Infringement
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. Voottoo may terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on the Site, send Voottoo's copyright agent a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) information sufficient to permit Voottoo to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
Voottoo's copyright agent for notice of claims of copyright infringement can be reached by sending a note using http://www.voottoo.com/contact-us
Voottoo will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Voottoo reserves the right to remove Content and User Submissions without prior notice. Voottoo will also terminate a User's access to the Site, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Site more than twice. Voottoo also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Voottoo may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
General
These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and Voottoo that arises in whole or in part from the Site shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms of Use shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. The parties hereto confirm that it is their wish that these Terms of Use, as well as any other documents relating hereto, including notices, has been and shall be written in the English language. In any dispute between Voottoo and you, Voottoo shall be entitled to recover its reasonable attorneys' fees, legal expert fees, and other legal expenses from you.
You acknowledge that you have read these Terms of Use and understand it, and agree to be bound by all terms and conditions. These Terms of Use (along with Voottoo's Privacy Policy and the Voottoo Content License Agreement, if applicable) constitute the entire agreement between the parties with respect to the subject matter hereof and merge all prior and contemporaneous communications. No action of Voottoo, other than the express or written waiver or amendment, may be construed as a waiver or amendment of these Terms of Use. If any provision of these Terms of Use is found invalid or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable according to its terms. The parties intend that the provisions of these Terms of Use be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to these Terms of Use as is possible.
