Terms of Service
Please read the following Terms of Service (these "Terms") carefully before using the Shortbread ("Shortbread", "we", "us", or "our") or website, purchasing our products or services, participating in any online features, or otherwise engaging the services and/or programs offered by Shortbread (collectively, the "Services"). These Terms are in effect for all of our Services.
These Terms are not applicable to any other web page operated and/or owned by any entity other than Shortbread, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified in the Services. When visiting these third-party websites or using these third party services, you should refer to the terms and conditions in effect for the applicable owner.
PLEASE READ THESE TERMS CAREFULLY AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH SHORTBREAD REGARDING YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR OTHERWISE USE ANY OF THE SERVICES.
1. USE OF THE SERVICES.
Shortbread provides Services that allow you to create, share and publish comics and graphic novels for the purposes of education, business, communication and just plain fun. With Shortbread, you can combine text, photos, drawings, photographs, and 3D models (that we provide) to create your own comics and graphic novels (collectively, "User-Generated Content").
2. CONVENIENCE AND INFORMATION ONLY.
The Services are provided to you as a convenience and for your use only. By merely providing access to the Services, Shortbread does not warrant or represent that: (a) any materials, documents, images, graphics, logos, designs, audio, video, 3D models or any other information provided from or on the Services (collectively, the "Content") is accurate or complete; (b) the Content is up-to-date or current; (c) we have any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Services will be free from interruptions, errors, computer viruses or other harmful components; (g) any information obtained in response to questions asked through the Services will be accurate or complete; and/or (h) the Content is non-infringing of any third party's intellectual property rights.
(a) Subject to your compliance with these Terms, Shortbread grants you a limited, non-exclusive, non-transferable license to access and use the Services and Content to create your own User-Generated Content. Once you have created User-Generated Content, you can save that User-Generated Content online, display it online, print it out, sell digital or printed copies of it, distribute digital or printed copies it, or allow anyone else to do any of this. Subject to these Terms, you will own your User-Generated Content, but you will not acquire any ownership rights in any of the our Services or Content to the extent they are included, embedded or embodied in your User-Generated Content. Your rights in your User-Generated Content will continue even if you decide to terminate your account with us.
(b) You acknowledge that our Content may include content that we obtain from third-party licensors. If our right to use (and allow you to use) any Content should terminate, then your right to use that third-party Content will also terminate. If that should happen, we will attempt to contact you to let you know. But if you fail to maintain current contact information with us, we may not be able to contact you. If that should happen, we will not have any liability to you if you nevertheless continue to use, display, market, distribute or sell your User-Generated Content.
(c) Your license to use our Services or Content will terminate immediately, automatically and without notice if you attempt to circumvent any technical protection measures used in connection with the Services or Content or if you otherwise breach or violate these Terms.
5. OBJECTIONABLE MATERIAL.
You acknowledge that in using the Services and accessing the Content and/or other user's User-Generated Content, you may encounter material that you deem to be disturbing, offensive or objectionable. You agree to use the Services at your sole risk, and we will have no liability to you for material that may be disturbing, objectionable or offensive to you.
6. USER ACCOUNT, PASSWORD AND SECURITY.
To the extent that you create a user account to access and use any Web Property ("User Account"), the following will apply:
(a) USER ACCOUNT. To access certain types of features, the Content, and the User Content available through the Services, to create, share and publish your User-Generated Content, and/or to purchase Shortbread products or services, we will require the use of a username and password after setting up a User Account. You must be eighteen (18) years of age to create a User Account and use the Services. We use reasonable precautions to protect the privacy of your username, password, and User Account information. You, however, are ultimately responsible for protecting your username, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) immediately notify Shortbread of any unauthorized use of your username, password, or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your User Account information is stored. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.
(b) ACCURATE INFORMATION. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete information about yourself on any registration form required for the Services (such information being the "Registration Data"); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete; and (iii) maintain and promptly update payment information to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account, including cancellation of any pending order and the deletion of all of your User Content and User-Generated Content.
(c) NON-TRANSFERABILITY OF USER ACCOUNT. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Services with his or her username and password.
7. ACCEPTABLE USE POLICY.
Your use of the Services is subject to our Acceptable Use Policy, located at [Acceptable Use Policy incoming]. You agree that you will, at all times, comply with our Acceptable Use Policy, and that any violations of our Acceptable Use Policy will be a breach of these Terms.
8. USER CONTENT.
(a) Unless you enter into a separate written agreement with us, we do not claim ownership in any information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles, stories about yourself, any other content that you may provide to us (collectively, "User Content"), or any of your User-Generated Content.
(b) WE DO NOT GUARANTEE ANY CONFIDENTIALITY WITH RESPECT TO ANY USER CONTENT OR USER-GENERATED CONTENT THAT MAY BE POSTED ON OR ACCESSIBLE THROUGH THE SERVICES. TO PROTECT YOUR PRIVACY AND THE PRIVACY OF OTHERS, YOU AGREE THAT YOU WILL NOT PROVIDE ANY USER CONTENT OR INCLUDE IN ANY USER-GENERATED CONTENT ANYTHING THAT CONTAINS PERSONALLY IDENTIFIABLE INFORMATION (SUCH AS NAME, PHONE NUMBER, EMAIL OR MAILING ADDRESS, SOCIAL SECURITY NUMBER, BANK ACCOUNT NUMBERS, ETC.) BELONGING TO YOU OR ANYONE ELSE. UPLOADING IMAGES OR VIDEO OF OTHER PEOPLE WITHOUT THEIR PRIOR WRITTEN PERMISSION IS STRICTLY PROHIBITED.
(c) You will not have or obtain any rights in or to any form, media, or technology that you use or that is included in the Services. You grant to Shortbread and its affiliates, successors and assigns the right to incorporate your User Content into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, "Rights") that may exist in such User Content. You also warrant to Shortbread that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that Shortbread and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, whether commercial or otherwise.
(d) Shortbread does not endorse any Content or User-Generated Content uploaded to or posted on the Services. Shortbread is not responsible for any User-Generated Content or other information that may be uploaded to or posted on the Services or for editing any factual errors or making any type of corrections to information presented there. Any action taken by a user or viewer of any User-Generated Content or other information presented there is at your own risk.
9. USER-CONTENT GUIDELINES.
(a) If you use or post any User Content or User-Generated Content on the Services, you are solely responsible for that User Content and User-Generated Content, the consequences of posting that User Content and User-Generated Content, and your reliance on any User Content or User-Generated Content available on or through the Services. Shortbread and its affiliates are not responsible for the consequences of any User Content or User-Generated Content available on or through the Services. If you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.
(b) You acknowledge that Shortbread reserves the right to pre-screen User Content and User-Generated Content that is posted on or accessible through the Services, and we have the right (but not the obligation) in our sole discretion to refuse, move, and/or remove User Content or User-Generated Content that is available on our through the Services.
(c) In consideration of your use of the Services, you agree that the following actions will constitute a material breach of these Terms:
(i) Using the Services for any purpose in violation of local, state, national or international laws;
(ii) Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
(iii) Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity, as determined by Shortbread in its sole discretion;
(iv) Posting advertisements or solicitations for business;
(v) Impersonating another person;
(vi) Distributing or attempting to distribute viruses or other harmful computer code;
(vii) Harvesting, scraping or otherwise collecting information about others, including email addresses, without their consent;
(viii) Allowing anyone else to use your username, password, or User Account information for any purpose whatsoever; or
(ix) Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Services, or which, in the judgment of Shortbread, exposes Shortbread or any of its customers or suppliers to any liability or detriment of any type.
We may make changes to or stop providing the Services, the Content, and/or the User Content described in these Terms at any time and without further notice to you. We will make an effort to update this web page with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms).
12. INTELLECTUAL PROPERTY.
(a) The Content of the Services is intellectual property that we own, control and/or license. All applicable intellectual property laws, including, but not limited to, copyright laws, protect our rights in and to the Content. No portion of the Content and/or the User Content may be reproduced in any form or by any means, except as provided in these Terms.
(b) We are the copyright owner or authorized licensee of all trademarks, service marks, and logos used and displayed on the Services. All trademarks and service marks of Shortbread, or our subsidiaries or affiliates, that may be referred to on the Services are the property of Shortbread, or one of our subsidiaries or affiliates. Other parties' trademarks and service marks that may be referred to on the Services are the property of their respective owners. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Shortbread's, or its subsidiaries' or affiliates', trademarks, service marks, or copyrights without Shortbread's prior written permission. Shortbread aggressively enforces our intellectual property rights. Neither the name of Shortbread, its subsidiaries or affiliates, nor any of Shortbread's other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Services or otherwise, without our prior written permission, except that a third party website that desires to link to the Services and that complies with the requirements of Section 17 (Third Party Content and Third Party Applications) above may use the name "Shortbread" or the title of any Content in or as part of that link.
13. COPYRIGHT COMPLAINTS.
(a) Shortbread will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any Content, User Content or User-Generated Content uploaded to or posted on or through the Services as well as terminate your access to the Services if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements. Displaying, performing, storing, copying, distributing, and/or otherwise making available or using any Content, User Content or User-Generated Content other than as permitted by these Terms is prohibited, unless specifically authorized by Shortbread in writing.
(b) Shortbread will not permit any Content, User Content or User-Generated Content that we know or have reason to believe is infringing to remain in the Services. If you believe that any Content, User Content or User-Generated Content in the Services infringes your copyright, please contact Shortbread's copyright agent, who can be reached as follows:
By mail: Kurukuru Inc
859 Willard Street, Suite 400
Quincy, Massachusetts, 02169
United States of America, Attn: DMCA Claims
By email: email@example.com
(c) Please be sure to include the following information: (i) a description of the copyrighted work that you allege is being infringed (and registration information if that work is registered with the Copyright Office), (ii) the specific location of the allegedly infringing material in the Services, (iii) your signature (digital or hard-copy), (iv) your name, address, phone number, and email address, and (v) a statement (notarized if possible and made under penalty of perjury) that: (A) you are the copyright owner or are authorized to act on behalf of the copyright owner, (B) you believe in good faith that the rights of the copyright owner are being infringed, and (C) the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the "DMCA"), Shortbread will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.
14. NOT INTENDED FOR CHILDREN.
We do not collect personally identifiable information from any person that we know to be under the age of thirteen (13). Specifically, the Services are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as THE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER THIRTEEN (13).
(a) NO WARRANTIES FOR SERVICES. When using the Services, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the Content, the User Content, any User-Generated Content or other information transmitted in connection with the use of the Services. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, THE CONTENT, THE USER CONTENT AND THE USER-GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES, THE CONTENT, THE USER CONTENT, ANY USER-GENERATED CONTENT, OR ANY SERVICES OFFERED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB PAGES ON OR THROUGH THE SERVICES, OR THE SERVERS USED IN CONNECTION WITH THE SERVICES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE SERVICES.
(b) INDEMNIFICATION. You agree to defend, indemnify, and hold harmless Shortbread and our directors, officers, employees, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys' fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content or User-Generated Content caused damage to a third party, including, but not limited to, any claim of copyright infringement, defamation, libel or invasion of privacy.
16. LIMITATION OF LIABILITY.
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES AND/OR ANY CONTENT, USER CONTENT AND/OR USER-GENERATED CONTENT PROVIDED IN CONNECTION WITH THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES AND/OR ANY CONTENT, USER CONTENT AND/OR USER-GENERATED CONTENT PROVIDED AND/OR ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SERVICES. ADDITIONALLY, WE WILL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. WE WILL BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED THE AMOUNT THAT YOU ACTUALLY PAID TO Shortbread FOR GOODS OR SERVICES IN THE PRIOR SIX (6) MONTHS, IF ANYTHING. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, OR PROPERTY DAMAGE CAUSED BY YOUR USE OR MISUSE OF THE SERVICES, THE CONTENT, THE USER CONTENT, THE USER-GENERATED CONTENT AND/OR ANY PRODUCTS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
17. THIRD PARTY CONTENT AND THIRD PARTY APPLICATIONS.
We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Services by framing or other methods (collectively, "Third Party Content"). In addition, the Services may include certain applications, features, programs and services provided by third parties (collectively, the "Third Party Applications"). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS MAY BE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE SERVICES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED "AS IS." THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE SERVICES, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
If a third party should link to or refer to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Services.
18. TERMINATION OF SERVICE.
We may terminate your right to access portions of the Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Services, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.
19. ADDITIONAL REMEDIES.
You acknowledge that your conduct that is inconsistent with the provisions of these Terms may cause Shortbread irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that Shortbread may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
20. GOVERNING LAW AND JURISDICTION.
You agree that all matters relating to your access to, or use of, the Services will be governed by the laws of the State of Massachusetts. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in Boson, Massachusetts, with respect to such matters.
21. LOCAL LAWS.
We make no representation that any Content, User Content, User-Generated Content or other information or materials on or available through the Services are appropriate or available for use in jurisdictions outside the United States. Access to the Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Services from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
22. EXPORT RESTRICTIONS.
Any software and all underlying information and technology that you download or view from any Web Property or in connection with the services (collectively, the "Software or Technical Data") may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use and viewing of the Services, the Content, the User Content, the User-Generated Content and any of our products or services, including, but not limited to, Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export any Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.
23. CUSTOMER COMMENTS.
Your Consent To This Agreement
By accessing and using the Services, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms or some part of them, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Services. Your use of the Services following your acceptance of any amendment of these Terms will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Services that you think is inappropriate, please let us know by sending your comments or requests to:
859 Willard Street, Suite 400
Quincy, Massachusetts, 02169
United States of America
Copyright © 2023. Kurukuru Inc. All Rights Reserved.
Effective as of: Dec 31, 2022
Last updated: Dec 31, 2022