Acceptance Of Terms
ACovers reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, ACovers will notify you by Posting an announcement on the site. What constitutes a material change will be Determined at ACovers sole discretion. You shall be responsible for reviewing and becoming Familiar with any such modifications. Using any service or viewing any content following Notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Description Of Service
The Site is an online community which enables users to see, add, discover and promote their work of cover images that will be first used in Facebook (facebook.com) Timeline.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of ACovers. ACovers reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. ACovers may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
To use ACovers you are not reuired to open an account with ACovers. Using all Services, you are required to open an account with ACovers and select a password and username, and to provide registration information or accept registration through Facebook Connect. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your ACovers account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your ACovers account.
Services are available only to individuals who are at least 13 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor.
The Services are for use by individuals and brands or artists. Accounts may be opened by brands, agents and other market intermediaries and entities who represent brands and artists.
Fair Usage Policy
ACovers maintains a fair usage policy to ensure stable and fast service to all users.
All accounts are free but limited to a maximum of 200 new images per week and 9,000 images in total (approximately 5Gb of storage) and 1Gb of data transfer from profile and portfolios per month. Any additional usage may result in restrictions on your account including limited access to your portfolio or a requirement to upgrade if the limit is exceeded for several months.
Images - Covers
If you choose to register to use the ACovers the following terms and conditions apply in addition to the general Terms. Throughout these Terms, a reference to the ‘use’ or ‘download’ (or similar words) of Channel Images (as defined below) means the use or download of a User License (as defined below) to use a Channel Image.
About the Covers
The Covers is a Service provided by ACovers that allows users to post images - covers to be shared with the public. Covers and images are stored by ACovers pursuant to the license granted to ACovers below. To use the covers you must be at least 13 years of age and have a valid ACovers account. By uploading any cover or images to the Channel (collectively your “Chanel Images”) you make the following additional representations and warranties to ACovers:
- 1. you can lawfully register into ACovers;
- 2. you hereby irrevocably waive all moral rights in your Channel Images; and
- 3. you have obtained and have copies of model releases from all subjects depicted in your Channel Images, and such persons voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Channel Images to ACovers.
Use of the Content and Grant of License
ACovers will use your Channel Images for the purpose sharing your Channel Images to users of the Channel (“Users”) in such formats as we may, from time to time make available to Users, including without limiting the generality of the foregoing, via electronic download and Facebook App direct download. In connection with the foregoing, in addition to the licenses you grant to ACovers elsewhere in these Terms, you grant to ACovers a non-exclusive, transferable, free, worldwide license (with the right to sublicense) to use, publish, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute copies of your Chanel Images (the “Channel License”).
The Channel License includes the right for ACovers to use screen resolution images and thumbnails of your Channel Images for display and promotional purposes on the ACovers Site, the Featured, third party sites, and in connection with internet search results, and embeddable codes. Screen resolution images will be accompanied by your credits.
Your Channel Images will be licensed to Users by ACovers in accordance with the ACovers User License in effect at the time the User uses your Chanel Image.
Removal of Store Images
At any time you can remove your Channel Images automatically using the Channel settings. In addition, ACovers may remove any Channel Images that it believes to be in breach of the Terms. Except as otherwise provided for herein, the Channel License will exist for the period during which the Channel is live. Images posted on the Channel and will automatically terminate upon the removal of the Channel Image from the Channel. Notwithstanding the foregoing, the Channel License will continue in respect of any Channel Images which were used by Users prior to their removal of the Channel until fulfillment of such purchase requests.
Subject to the licenses granted to ACovers in these Terms you retain ownership of your Channel Images.
ACovers respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) of any person. ACovers will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify ACovers of a possible Infringement you must submit your notice in writing to the attention of “Copyright Infringement” care of [email protected] and include in your notice a detailed description of the alleged Infringement sufficient to enable ACovers to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide ACovers with a counter notice in writing to the attention of “Copyright Infringement Counter Notification” at [email protected] You must include in your counter notice sufficient information to enable ACovers to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge ACovers, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless ACovers, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of a breach of these Terms, Content posted on the Site the use of the Services, by you or any person using your account or ACovers Username and password, the sale or use of your images, or any violation of any rights of a third party.
Limitation Of Liability
In no event shall ACovers be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever.
Acovers may terminate or suspend any and all Services and/or your ACovers account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your ACovers account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account ACovers will automatically remove all Content posted to your account.