Acceptance of Terms
You represent and warrant that if you are an individual, you are of legal age to agree to these terms and conditions, and that all registration information you submit is accurate and truthful. Dukami may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE SERVICE. By using the Service, You represent and warrant that (a) you are 18 years of age or older; (b) all registration information you submit to Dukami is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service or the Sites does not violate any applicable law or regulation.
Users of the Site under the age of 18 may access the Sites for viewing purposes only. While the Sites are intended to display the artwork of children, children are not allowed to upload their own artwork. Only a valid parent or guardian may upload artwork on behalf of a child.
You may be required or permitted to register with us to access the Service or certain areas of the Service. With respect to any registration, you agree not to use, and we may refuse to grant you the right to use, a user name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that personally identifies you; or that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. You may also be able to sign into the Service or use or access certain features of the Service by using a third - party social networking platform account (such as Facebook, Google+ or Twitter). Your registration information (including your user name and password, and any social networking account with which you sign into the Service) is for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Service, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Service, to any third party. You are fully responsible for all interaction with the Service that occurs in connection with your registration information (including, without limitation, all purchases). You agree to immediately notify us of any unauthorized use of your registration information or any other breach of security related to your account or the Service, and to ensure that you "log off"/exit from your account with the Service (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations. If you sign into the Service using a third-party social networking platform account, be sure to review the privacy and data usage policies of such platform to learn more about its personal information practices and your options.
Dukami RESERVES THE RIGHT TO TERMINATE OR SUSPEND YOUR ACCOUNT AND/OR ACCESS TO THE SITES AND/OR THE SERVICE AT ANY TIME, FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU. Dukami ALSO RESERVES THE RIGHT TO CHANGE OR DISCONTINUE ANY SERVICE OR FEATURE PROVIDED BY Dukami, INCLUDING, WITHOUT LIMITATION, THE SITES AND THE SERVICE, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT Dukami SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED, DIRECTLY OR INDIRECTLY, BY ANY SUCH TERMINATION, SUSPENSION, CHANGE OR DISCONTINUANCE.
You are responsible for all content (text, images, graphics, visualizations, videos, audio clips, written forum comments, know-how, instructions etc) that you post, upload, transmit, e-mail or otherwise make available on, through or in connection with the Site (collectively, "User Content"). Please choose carefully the User Content that you make available on, through or in connection with the Site.
You retain any ownership rights that you have in your User Content. You hereby grant to Dukami and its affiliates, licensees and authorized users, a perpetual, non-exclusive, fully paid-up and royalty-free, sublicensable (through multiple tiers), transferable (in whole or in part), worldwide license to use, modify, excerpt, adapt, create derivative works and compilations based upon, publicly perform, publicly display, reproduce and distribute such User Content on, through or in connection with the Site and/or any other commercial or non-commercial endeavor of Dukami or any of its affiliates, including in connection with any distribution or syndication thereof to Third Party Services (as defined below), on and through all media formats now known or hereafter devised, for any and all purposes including promotional, marketing, trade and commercial purposes. The exercise of such rights shall not require any further permission or notice, payment or attribution to you or any third party. Dukami reserves the right to limit the storage capacity made available for User Content.
You represent and warrant that: (a) you own the User Content made available by you, or otherwise have the right to grant the license set forth in this Section, and (b) the posting of such User Content through or in connection with the Site does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees and any other monies owing to any person or entity by reason of the use of such User Content.
Dukami does not endorse and has no control over any User Content. Dukami cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all content accessed by you using the Service and all User Content provided by you are at your own risk and you will be solely responsible for any damage or loss to any party resulting there from. Dukami has no obligation to monitor the Site, Service, content, or User Content. Dukami may remove any User Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.
Under no circumstances will Dukami be liable in any way for any content or User Content, including, but not limited to, any errors or omissions in any content or User Content, or any loss or damage of any kind incurred in connection with use of or exposure to any content or User Content posted, emailed, accessed, transmitted or otherwise made available via the Service.
Dukami is not responsible for any data which is deleted (either intentionally or unintentionally) at the direction of any user. If you become aware of any misuse of the Site, please report such misuse immediately to Dukami at [email protected]
Rules of Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a) take any action or (b) upload, publish, post, download, transmit, submit, disseminate or otherwise distribute or facilitate distribution of any content on or through the Service, that:
infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy or intellectual property, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk, spam or bulk e-mail (including without limitation any postings to third party social media sites which are linked to the Site or the Service);
involves commercial activities and/or sales without Dukami's prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Dukami or any third party; or
impersonates any person or entity, including any employee or representative of Dukami, uses any false or fake email address, or otherwise mislead in any way about the origin of the information.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by Dukami in its sole discretion) an unreasonable or disproportionately large load on Dukami's (or its third party provider's) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Dukami may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); or (iv) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Sites.
You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except (A) for any part of the Service which is licensed under an open source or similar license or (B) to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service except where license permits, or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
Breach of any portion of these Rules of Conduct shall result in liquidated damages of Five Thousand Dollars ($5,000.00 US) due to Dukami.
By submitting information, you grant Dukami a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to reproduce, use, modify, publish, adapt, translate, create derivative works from, distribute, and display such content throughout the world in any media. By submitting information you also represent and warrant that that the content is accurate; you own or have permission to use the content that you submit; and that use of the content will not cause injury to any person or entity. You agree to indemnify and hold harmless Dukami and all its agents for any liability arising from your submitted information.
You agree that any unsolicited communication or material transmitted to Dukami via this web site or Internet email is not confidential and that your unsolicited communications may be read or intercepted by others. Dukami does not provide any facility for sending or receiving private or confidential electronic communications. All messages transmitted to Dukami shall be deemed to be readily accessible to the general public. Visitors should not use Dukami to transmit any communication for which the sender intends only the sender and the intended recipient(s) to read. Unsolicited communication or material sent to Dukami, its owners or agents may be used in any manner it sees fit, whether posting, publication, reproduction, broadcast or submission to proper legal authorities.
Dukami is a trademark of Dukami and may be used publicly only with express written permission. Other trademarks and service marks featured on Dukami are displayed pursuant to licenses obtained from the owners and/or holders of those trademarks and service marks, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.
Content on this web site is protected by Federal copyright law and are protected under treaty provisions and worldwide copyright laws. Materials contained in any part of this web site may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the written permission of Dukami or other appropriate copyright owner. Except as expressly stated in this agreement, Dukami does not grant any express or implied right to you under any of its trademarks, service marks, copyrights or other proprietary information.
You may establish a hypertext "link" to this site and/or distribute, modify or re-use the text or graphics of this site only after obtaining written permission from Dukami allowing you to do so.
This site contains links to sites which are controlled by third parties. Those linked sites are not under the control of Dukami, and Dukami is not responsible for the contents of any linked site or any link contained in a link site. Dukami is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dukami of any linked site.
Content. The Service might display, contain, link to or make available Content from a variety of sources (including other users and other third parties) including images, models, posts, creations, opinions, recommendations, or advice and such Content may be incomplete or inaccurate, or offensive or objectionable to you. We are not responsible or liable for, and we don't necessarily endorse, any Content. All Content, including User Content, is the property of its copyright owner(s) or other rights holder(s). Except as expressly provided in these Terms, use of the Service does not grant, waive, or limit any ownership rights of such owner(s) or rights holder(s). You must comply with all applicable laws, rules and regulations in relation to your access to and use of the Service, including local laws regarding online conduct, acceptable Content and the exportation of Content from the jurisdiction where you reside.
Interactions With Other Users. The Service may provide you the ability to interact with other users or groups of users of the Service. Such interactions are solely between you and such other users, and we are not responsible or liable for such interactions or any consequences thereof.
Links and Advertisers.The Service may provide links to and from online, mobile and other platform sites and services (such as advertisers) that are not under our control. We are not responsible for such online sites or services, including any contents, products or services offered or made available through such sites or services, or any interactions you may have with third parties through such sites or services. Your use of any such sites or services is at your own risk, and is subject to the terms or conditions of such sites or services.
The Site contains information, text, files, images, video, sounds, musical works, computer code, works of authorship, applications, and other materials and content (collectively, "Content") of Dukami or its licensors ("Company Content"). The Site (including the Company Content) is protected by copyright, trademark, trade secret and other laws, and as between you and Dukami, Dukami owns and retains all rights in the Site. Dukami hereby grants to you a non-exclusive, non-transferable, limited, revocable, non-sub licensable license, during the term of the Agreement, to access, display and perform the Company Content (excluding any computer code) solely for your personal, non-commercial use and solely as necessary to access and use the Site. You may use the Company Content only in accordance with the terms and conditions set forth herein, only on one computer at a time and you may make only a single copy of such Company Content for your personal use and enjoyment. You may not remove any proprietary notices from Company Content at any time. You may make no use of Company Content not expressly authorized herein or by prior express written authorization from Dukami. Prohibited uses include, without limitation: (1) permitting other individuals to directly or indirectly use the Company Content; (2) making copies or creating derivative works based on the Company Content; (3) renting, leasing, or transferring any rights in the Company Content; (4) use of Company Content in any advertising in any medium; (5) public display, performance or sale of the Company Content; and (6) removing any proprietary notices or labels on the Company Content. This license does not grant you any rights to any software enhancements or updates of any kind. All materials included at this web site are for the private use by visitors only. No other uses are intended by Dukami and any other use is strictly prohibited.
Except as expressly permitted by Dukami in this Agreement or on the Site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content. You may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content.
You agree that Dukami does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by Dukami and that access and use of this web site and the content thereof is at their own risk and that you will be solely responsible for information transmitted, whether by email or this web site. Neither Dukami nor any other party involved in providing this web site to the Internet community shall be liable for any direct, incidental, consequential, indirect or punitive damages or damages of any kind arising out of any access, use or inability to use this web site, or any errors or omissions in the content found therein, whether alone, or with or under the authority of, any other person, including, without limitation, any governmental agency or agencies. In states that do not allow the exclusion or limitation of incidental or consequential damages, Dukami's total liability to any one user for all damages, losses, or causes of action shall not exceed $100.00. You agree to indemnify and hold harmless Dukami, its owners and agents from and against any and all liability and costs incurred in connection with any claim arising out of any breach by you, including, without limitation, loss of revenue, loss of property, fines, and/or attorneys' fees and costs, including, without limitation, damages resulting from government prosecution, seizure, forfeiture, and/or injunction. Dukami is not responsible for any damages, including damages that result from, but are not limited to, negligence.
You acknowledge and agree that all content contained at this web site is proprietary and constitute valuable intellectual property. You acknowledge and agree that as such, you may only access, view, download, receive and otherwise use the content available at this web site only as authorized by Dukami. You agree that you shall at no time access, view, download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use content, directly or indirectly in places which Dukami does not authorize such access, viewing, downloading, receipt or other use.
Dukami will use reasonable efforts to include only accurate and up to date information on this web site, but it makes no warranties or representations about accuracy. Neither Dukami nor any of its agents makes any warranties, express or implied, about results obtained from use of any information found on this web site. You agree that Dukami does not have any liability for any delays, omissions, inaccuracies or failures relating to products or services not directly provided by Dukami. Neither Dukami nor any of its online service providers shall have any liability for the actions of advertisers, partners or users of the site, or for the contents of any advertisements or user comments, or for assertions or omissions therein. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
THE COMPANY CONTENTS ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. Dukami ENTERPRISES LLC OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. Dukami ENTERPRISES LLC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THIS WEB SITE. Dukami ENTERPRISES LLC MAY CHANGE ANY OF THE INFORMATION FOUND AT THIS SITE AT ANY TIME WITHOUT NOTICE. Dukami ENTERPRISES LLC MAKES NO COMMITMENT TO UPDATE THE INFORMATION FOUND AT THIS SITE. IN NO EVENT SHALL Dukami ENTERPRISES LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OR INABILITY TO USE THE COMPANY CONTENT OR INFORMATION AVAILABLE ON THIS SITE, EVEN IF Dukami ENTERPRISES LLC HAS BEEN ADVISED OF SUCH DAMAGES. (BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.)
Interpretation and enforcement of this agreement shall be governed by the laws of the state of California. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You consent to personal jurisdiction in the federal and state courts of Santa Clara County, California, for any action arising out of or relating to your use of this web site. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorneys' fees.
In the event any portion of this agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.
Storage Practices and Limits
There is limited storage space for user Content on the Service. While we will make efforts we believe are reasonable to safeguard and back up User Content, and to make User Content available in case of loss or deletion, we have no responsibility or liability for the deletion or failure to store or the security of any content, including User Content. So be sure to back up your artwork! We reserve the right to mark or treat as "inactive" and archive accounts and/or Content that are inactive for an extended period of time, as determined by us for each Service. We reserve the right to change our practices and storage rules at any time in our sole discretion with or without notice to you.
Contests and Promotions
Sweepstakes, contests, promotions or similar opportunities may be made available through the Service (collectively, "Promotions"). By participating in any Promotion, you will become subject to specific rules governing the Promotion, which rules may vary from the terms and conditions set forth herein. To the extent that the rules of a particular Promotion conflict with these Terms, the terms and conditions of the Promotion's rules will control.
ANY USE OF THE SERVICE IN VIOLATION OF THESE TERMS OF SERVICE WILL BE REGARDED AS AN INFRINGEMENT OF DUKAMIíS RIGHTS IN AND TO THE CONTENT.
You may not, under any circumstances, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, adapt, translate, transfer, buy, auction, rent, lease, loan or sell any content, or other materials appearing in or generated by the Sites or Services, or any information obtained from the Sites or the Services, without the express written consent of Dukami.
You may not, under any circumstances, use the content or the Service in any manner that is (i) unlawful; (ii) that could damage, disable, overburden, or impair any Dukami server or the network(s) connected to any Dukami server; (iii) that could interfere with any other party's use and enjoyment of the Services; (iv) that gains or attempts to gain unauthorized access to any Services, unpublished information or material, other user's Accounts, or computer systems and/or networks connected to any Dukami server, or to any of the Services, through hacking, password mining or any other means; (v) that collects or aggregates information regarding other user's actions relating to the Services; or (vi) that reverse engineers, decompiles, disassembles or attempts to reverse engineer, decompile, or disassemble any part of the content or Sites.
By providing your email address to Dukami and subscribing to Dukami communications, you understand you may receive periodic information regarding current and future services offered on the Sites and/or the Services and/or related third party products. You may unsubscribe at any time by terminating your account.
A. Procedure for Reporting Copyright Infringements: If you believe that content residing on or accessible through the Sites or Service infringes a copyright, please send a written notice of copyright infringement containing the following information to the Designated Agent listed below:
A physical or electronic signature of the owner of the copyright that has been allegedly infringed, or a person authorized to act on such person's behalf;
Identification of the copyrighted works or materials allegedly being infringed;
Identification of the content that is claimed to be infringing including information regarding the exact location of the content that the copyright owner seeks to have removed, with sufficient detail so that Dukami is capable of finding and verifying its existence;
Contact information about the notifier including address, telephone number and, if available, e-mail address;
A statement that the notifier has a good faith belief that the use of the allegedly infringing content is not authorized by the copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is the copyright holder is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent it is Dukami's policy:
to remove or disable access to the infringing content;
to notify the content provider, member or user that it has removed or disabled access to the content; and
that repeat offenders will have the infringing content removed from the system and that Dukami will terminate such content provider's, member's or user's access to the service
C. Procedure to Supply a Counter-Notice to the Designated Agent: If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
A physical or electronic signature of the content provider, member or user;
A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content and the basis for that belief; and
Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Dukami is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
Notices and counter-notices with respect to the Sites, including the Service, should be sent to the Dukami's DMCA Agent for notice of claims of copyright infringement at: Dukami., 1056 Barry Way, Fremont, CA- 94536, Attn: DMCA Agent
Dukami has no special relationship with or fiduciary duty to you. You acknowledge that Dukami has no control over, and no duty to take any action regarding: which users gains access to the Sites; what content you access via the Sites; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release Dukami from all liability for you having acquired or not acquired content through the Sites. The Sites may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Dukami makes no representations concerning any content contained in or accessed through the Sites, and Dukami will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites.
Dukami makes no representation that the content is appropriate or available for use in locations outside of California, and accessing the Service is prohibited from territories where such content is illegal. If you access the Service from other locations, you do so at your own initiative and are responsible for compliance with local laws.
Integration and Severability.
Notices by Dukami to customers shall be given by means of electronic messages or by a general posting on the site. Notices by customers to Dukami shall be given by electronic messages unless otherwise specified in the agreement. All questions, complaints, or notices to Dukami by means of electronic message must be sent to [email protected]
This agreement represents the entire agreement between you and Dukami and supersedes any and all other communications, prior, contemporaneous or subsequent, and any course of performance or course of dealing, except as modified by revision of this page or in writing signed by an authorized agent of Dukami, which reserves sole discretion in revising these terms and conditions from time to time by updating this page.
Please continue to browse the website only if you agree to these Terms and Conditions. If you DO NOT agree, please click HOME on your browser or here to leave.
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