These "Terms" are effective as of mm/dd/yyyy and govern your access and use of the Auto Stamper website or any mobile applications made available by Auto Stamper. (Collectively, the "Auto Stamper Services"). THESE TERMS ALSO CONTAIN AN AGREEMENT TO ARBITRATE IN THE SECTION BELOW TITLED "DISPUTE RESOLUTION" WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST AUTO STAMPER. TO BINDING AND FINAL ARBITRATION.
By using or accessing the Auto Stamper Services you:
If you do not agree to all of the terms and conditions of these Terms, or you do not have such authority, or you do not meet the eligibility requirements, you should cease any and all access or use of the Auto Stamper Services.
Access to the Auto Stamper Services
The Auto Stamper hereby grants you a non-exclusive, non-transferable, revocable, limited license, without the right to grant or authorize sublicenses, to use the Auto Stamper Services, provided that you will use the Auto Stamper Services only as permitted by these Terms.
You understand and agree that:
1. Except for Kids App, you must be 13 years or older to use the Auto Stamper Services.
2. You are solely responsible for your conduct and any and all information or material including, without limitation, data, text, images, graphics, photos, links (otherwise known as "Content") that you submit, post, and display on or through the Auto Stamper Services.
3. Violation of any of these Terms will result in the immediate termination of your account.
4. While The Auto Stamper prohibits certain conduct and content on its The Auto Stamper Services, The Auto Stamper does not monitor, and The Auto Stamper is not responsible for, user Content or activities of the users of the Auto Stamper Services.
5. Use the Auto Stamper Services only for personal purposes (you may not use them for commercial purposes).
1. Use the Auto Stamper Services for any illegal or unauthorized purpose.
2. Violate our Community Guidelines.
3. Modify or adapt the Auto Stamper Services, or create or modify another website or mobile application so as to falsely imply that it is associated with The Auto Stamper or the Auto Stamper Services.
4. Attempt to gain unauthorized access to the Auto Stamper Services or its systems or networks, or access The Auto Stamper's private API by any means other than in compliance with rules we set on API access.
5. Crawl, scrape, or otherwise cache any content from the Auto Stamper Services, including but not limited to user photos.
6. Spam or submit any unwanted comments to any users of the Auto Stamper Services.
7. Use web URLs without prior written consent from The Auto Stamper.
8. Transmit any worms, viruses, or other destructive code.
9. Resell or charge others for use of or access to the Auto Stamper Services.
10. Duplicate, reproduce, transfer, give access to, copy or distribute any part of the Auto Stamper Services in any medium without The Auto Stamper's prior written authorization.
11. Attempt to reverse compile, reverse engineer, alter, make derivative works of, disassemble, or modify any part of the Auto Stamper Services.
12. Access any part of the Auto Stamper Services in order to build a similar or competitive service.
13. Interfere with or disrupt the integrity or performance of the Auto Stamper Services or data.
Some Basic Rights of the Auto Stamper
We reserve the right, for any reason and without notice at any time, to:
1. Modify or terminate the Auto Stamper Services.
2. Refuse or deny access to the Auto Stamper Services to anyone.
3. Remove any Content in our sole discretion. Examples of Content we endeavor to remove include Content that is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these Terms.
Content on the Auto Stamper
Your content is yours. The Auto Stamper does not claim any ownership rights in the Content that you, other users, or third parties post on or through the Auto Stamper Services (collectively, "User Content").
The Rights you Grant to The Auto Stamper. By displaying or publishing ("posting") any information on or through the Auto Stamper Services, you permit to The Auto Stamper a non-exclusive, fully paid and royalty-free, worldwide, sublicenseable, transferable, limited license to use, modify, delete, add to, publicly perform, publicly display, reproduce and translate that Content, including without limitation distributing, through multiple tiers, part or all of the Site in any media formats through any media channels for any purposes.
Saving and Sharing. The Auto Stamper Services allow you to
(1) Keep Content private from the community by only saving to your Gallery,
(2) Share your Content with the Auto Stamper Community by uploading it to The Auto Stamper, or
(3) Share your Content with third-party services like Instagram, Facebook, and others.
1. Content you keep private. When you post to The Auto Stamper but do not share publicly, your Content is not made available to the Auto Stamper community or to third parties. However, if the image has been uploaded to The Auto Stamper, our staff is able to see it. We endeavor to keep your private Content private, but please keep in mind that no technology is 100% secure, and it is possible that unauthorized third parties could defeat our security measures and access your private Content. Please note that if you make Content public and later switch it to private or delete it, we may not be able to remove it from the Auto Stamper Services.
2. Content you share with the Auto Stamper community. When you post to the Auto Stamper community, your Content is made available to the public. This typically means that anyone who is following you can see it, as well as anyone who searches for the hashtag(s) with which you label the Content. It also means that your Content might be featured in our apps or website, or appear in our emails or other communications.
3. Content you share with third parties. When you share your Content through a third-party service that is integrated with the Auto Stamper Services (such as Instagram, Facebook, or Twitter), you authorize us to deliver the Content (or a version that we've modified, as needed) to that third-party service. This means that the third-party service's handling of your service will be subject to its own concurrence with you, for which we are not responsible.
4. Hashtags and co-creation. Most hashtags are descriptive of Content, but some hashtags have developed meaning within the Auto Stamper community. For example, the hashtag #freetoedit means that the user is irrevocably allowing other users to duplicate, create, and distribute derivative works of the tagged Content – this fosters a community of co-creators that work collaboratively. Also, we occasionally run promotions that users enter using various hashtags that change the nature of the license you grant in Content. The Auto Stamper does not guarantee that promotions will receive proper marketing, that votes and tallies are accurate, or be reported properly.
5. Hardware, Software, and Modification. Except for User Content, The Auto Stamper owns the actual bits and bytes of data on its servers. Also, The Auto Stamper performs technical functions necessary to offer the Auto Stamper Services, including but not limited to transcoding and/or reformatting Content to allow its use throughout the Auto Stamper Services.
The Auto Stamper Content. The Auto Stamper Services contain Content owned by The Auto Stamper and its licensors (collectively the "The Auto Stamper Content"). The Auto Stamper Content is protected by copyright, trademark, patent, trade secret and other laws, and The Auto Stamper and its licensors own and retain all rights in the Auto Stamper Content and The Auto Stamper owns and retains all interest and rights in and to the Auto Stamper Services. The Auto Stamper hereby grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to reproduce and display the Auto Stamper Content (excluding any software code) for your non-commercial personal use solely in connection with your use of the Auto Stamper Services. This means that you can make your own Content that uses certain The Auto Stamper Content (e.g., clipart) and use it for non-commercial purposes, but you may not use the clipart specifically (or frames or other The Auto Stamper Content) in other programs or applications. This applies even if you "buy" the clipart or other Content –when you purchase The Auto Stamper Content, you receive a personal non-commercial license to use the Content; you do not own The Auto Stamper Content.
Certain The Auto Stamper Content may be subject to additional fees or charges. You acknowledge and agree that your purchase of any such The Auto Stamper Content is restricted to the purchase and sale of a license to such The Auto Stamper Content, and shall not convey ownership of any such The Auto Stamper Content or intellectual property rights to you.
Do not steal anyone's Content. You must observe copyright and other intellectual property laws of the United States and your country. You may not copy someone else's work and display it elsewhere, or claim it as your own, or make a small change and claim it as your own, etc. Except as provided within this Agreement and under intellectual property laws, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any The Auto Stamper Content or User Content or any other third party Content appearing on or through the Auto Stamper Services except as expressly permitted by the holder of the rights in that Content. You represent and warrant that:
1. You own the Content posted by you on or through the Auto Stamper Services or otherwise have the right to grant the license set forth in this section.
2. The posting and use of your Content on or through the Auto Stamper Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other authority of anyone, and the publishing of your Content on the Auto Stamper Services does not result in a breach of contract between you and a third party.
3. You admit to pay for all royalties, fees, and any other monies regaining any person by reason of Content you post on or through the Auto Stamper Services being in violation of this section.
Advertising. Some of the Auto Stamper Services are supported by advertising revenue and may display advertisements and promotions. You agree that The Auto Stamper may place advertising and promotions on, about, or in conjunction with your Content. The approach, mode, and expand of such advertising and promotions are subject to replace without notice to you. You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such.
In-app purchases. The Auto Stamper Services may include virtual items or services that can be licensed for a fee, typically via an in-app purchase ("Purchased Content"). You may only license Purchased Content if you are over 18 years old, and only on a limited, personal, non-transferable, non-sublicenseable and revocable basis for non-commercial use only. The Auto Stamper reserves the right to manage, regulate, control, modify, or eliminate Purchase Content at any time. Upon the Purchased Content being made available to you, The Auto Stamper's obligations to provide Purchase Content are deemed fulfilled, and Auto Stamper makes no representation that Purchased Content will be available to the purchaser for any length of time nor that the Auto Stamper Services will continue to support Purchased Content. SUBJECT TO MANDATORY LEGISLATION, YOU ACKNOWLEDGE THAT THE AUTO STAMPER IS NOT REQUIRED TO PROVIDE A REFUND FOR PURCHASED CONTENT FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER REPAYMENT FOR UNUSED PURCHASED SERVICE, WHETHER YOUR LOSS OF LICENSE WAS VOLUNTARY OR INVOLUNTARY.
Digital Millennium Copyright Act
The Auto Stamper specifically prohibits users from uploading, embedding, posting, emailing, transmitting or otherwise making available on or through the Auto Stamper Services any material that infringes any proprietary rights of any person or entity, including copyrights. The Auto Stamper will remove any and all The Auto Stamper Content or User Content if properly notified that such The Auto Stamper Content or User Content infringes another's intellectual property rights. We respond to notices of copyright infringement in compliance with the Digital Millennium Copyright Act and have a policy of terminating repeat infringers in appropriate circumstances. To learn more about The Auto Stamper's policy regarding intellectual property infringement or to report a claim, please see our DMCA policy, available at www.domain.com/dmca
There may be occasions when the Auto Stamper Services are interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment. The Auto Stamper encourages you to maintain your own backup of your User Content. In other words, The Auto Stamper is not a backup service.
Third Party Links
The Auto Stamper Services may contain links to independent third-party websites and services (collectively, "Third Party Sites"). Third Party Sites are not under The Auto Stamper's control, and Auto Stamper does not endorse, is not responsible for, and shall have no liability to you with respect to the business practices, privacy practices, or content including, without limitation, any and all materials, information, merchandise, products or services displayed, featured, mentioned, advertised, distributed or sold on or through such Third Party Sites. If you access any Third Party Site, you acknowledge and agree that you do so at your own risk and that it is your responsibility to read and understand the privacy, membership, payment and other policies of the Third Party Sites and to determine whether or not you will have any interaction with any of those sites.
Disclaimer of Warranties
THE AUTO STAMPER SERVICES AND AUTO STAMPER CONTENT ARE PROVIDED ON AND "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE AUTO STAMPER MAKES NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE AUTO STAMPER SERVICES; (B) THE AUTO STAMPER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE AUTO STAMPER OR VIA THE AUTO STAMPER SERVICES. THE AUTO STAMPER HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND SATISFACTORY PURPOSE.
THE AUTO STAMPER DOES NOT REPRESENT OR WARRANT THAT THE AUTO STAMPER SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE; THAT USER CONTENT MARKED AS PRIVATE WILL NOT BECOME PUBLIC; THAT DEFECTS WILL BE CORRECTED; OR THAT THE AUTO STAMPER SERVICES ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE AUTO STAMPER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT (INCLUDING ANY USER CONTENT OR THE AUTO STAMPER CONTENT) AVAILABLE ON OR THROUGH THE AUTO STAMPER SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE AUTO STAMPER SERVICES IS AT YOUR SOLE RISK. THE AUTO STAMPER DOES NOT WARRANT THAT YOUR USE OF THE AUTO STAMPER SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE AUTO STAMPER SPECIFICALLY DISCLAIMS SUCH WARRANTIES.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE AUTO STAMPER DOES NOT ENDORSE ANY USER CONTENT OR OTHER THIRD PARTY CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE, INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER ARISING OR RESULTING FROM ANY CONTENT (INCLUDING, WITHOUT LIMITATION, USER CONTENT), INTERACTIONS BETWEEN USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Limitation of Liability
TO THE MAXIMUM RANGE GRANTED BY APPLICABLE LAW, IN NO EVENT SHALL THE AUTO STAMPER, ITS AFFILIATES, LICENSORS, SPONSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS, COST OF COVER, LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES WHATSOEVER ARISING OR RESULTING FROM (I) BUGS, MISTAKES, OR DEFECTS OF CONTENT DISPLAYED ON OR THROUGH THE AUTO STAMPER SERVICES, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND/OR USE OF (OR YOUR INABILITY TO ACCESS AND USE) THE AUTO STAMPER SERVICES, INCLUDING, WITHOUT LIMITATION, MAKING PRIVATE CONTENT PUBLIC OR ANY DAMAGE CAUSED TO YOUR COMPUTER OR SOFTWARE OR INFORMATION STORED THEREON, (III) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OBTAINED ON OR THROUGH THE AUTO STAMPER SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF THE AUTO STAMPER SERVICES AND/OR ANY AND ALL PERSONAL, PRIVATE, AND/ OR OTHER INFORMATION STORED THEREIN, (V) ANY INTERFERANCE OR CESSATION OF CONVEYANCE TO OR FROM THE AUTO STAMPER SERVICES OR THROUGH THE AUTO STAMPER SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE AUTO STAMPER SERVICES BY ANY THIRD PARTY, (VII) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, (VIII) EMAILS OR OTHER TRANSMISSIONS OR COMMUNICATIONS MADE TO YOU THROUGH THE AUTO STAMPER SERVICES AND/OR (IX) ANY ERRORS OR OMISSIONS IN ANY CONTENT (INCLUDING THE AUTO STAMPER CONTENT OR USER CONTENT) OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT (INCLUDING USER CONTENT) OR SERVICES POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE AUTO STAMPER SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE AUTO STAMPER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE AUTO STAMPER'S AGGREGATE CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE AUTO STAMPER SERVICES, EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT SERVE TO ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN. YOU ACKNOWLEDGE THAT THE DISCLAIMERS AND LIMITATIONS HEREIN ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
Application of Limitations and Disclaimers
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages with respect to consumers (i.e., a person acquiring goods otherwise than in the course of a business), so the exclusions set forth in immediately preceding paragraphs above may not apply to you if you are a consumer. The limitations or exclusions of warranties and liability contained in the Terms do not affect or prejudice the statutory rights of a consumer. The restraint or boycott of warranties and remedies contained in the Terms shall apply to you as a consumer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where you are located.
You acknowledge that The Auto Stamper does not control the interactions between any user and you, nor does The Auto Stamper control or monitor any User Content. You acknowledge and agree that The Auto Stamper does not assume any responsibility or liability for User Content generated by you or any user of the Auto Stamper Services posted anywhere, including without limitation, personally identifiable information posted publicly, or the conduct of you or any user, and you bear the entire risk of your continued use of the Auto Stamper Services, including your interactions with other users. You agree that The Auto Stamper will not be responsible for any claim, loss, liability, personal injury (including death), damage, cost or expense (including attorneys' fees), incurred as the result of or relating to any User Content, or any interactions with other users or third parties, including disputes between you and other users regarding User Content, user dissemination of your User Content or any other User Content, and any and all other disputes or conflicts arising from your use of the Auto Stamper Services. If there is a claim or dispute between you and any other user or third party, The Auto Stamper is under no obligation to become involved. You understand and agree that The Auto Stamper is not responsible or liable in any way for any communication, actions, or conduct between you and other users. You, on behalf of you and your heirs, successors and assigns, hereby release and forever discharge The Auto Stamper, and its affiliates, employees, contractors, agents, successors, and assigns, from, and hereby defer and drop out, each and every past, present and future argument, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injury, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to the Terms, your use of the Auto Stamper Services, any User Content, or any of your interactions with other users or third parties. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR DOUBTFUL TO ENDURE IN HIS OR HER SUPPORT AT THE TIME OF THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
You agree to defend (at The Auto Stamper's request), indemnify and hold The Auto Stamper and its affiliates, directors, officers, employees, contractors, and agents harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities in connection with the Auto Stamper Services or those conducted on your behalf): (i) your User Content or your access to or use of the Auto Stamper Services; (ii) your breach or alleged breach of these Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your abuse of any laws, rules, regulations, codes, or orders of any governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by The Auto Stamper in the defense of any claim. The Auto Stamper keep the right to conclude the exclusive defense and command of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of The Auto Stamper.
Although the Auto Stamper Services may be accessible worldwide, The Auto Stamper makes no representation that the materials and/or content made available in connection with the Auto Stamper Services are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this The Auto Stamper Services from other locations do so at their own risk and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this The Auto Stamper Services is void where prohibited. BY OBTAINING OR USING THE AUTO STAMPER SERVICES YOU SERVE AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE AUTO STAMPER SERVICES.
Users may not download, use, export or re-export any materials or Content (including User Content and The Auto Stamper Content) posted or submitted on or through the Auto Stamper Services or any software make use of or available in connection with the Auto Stamper Services in abuse of any applicable laws or regulations, including, without limitation, United States export laws, regulations and controls.
Governing Law and Venue
Changes to these Terms
The Auto Stamper reserves the right to alter these Terms at any time in its sole discretion. If the alterations constitute a material change to these Terms, The Auto Stamper will notify you by posting the updated Terms to the Auto Stamper Website. Your continued use of the Auto Stamper Services after such notification of changes to the Terms will constitute your agreement and acceptance to such changes. You agree to review the Auto Stamper Website periodically for any such changes to the Terms.
Questions or Additional Information