FINROO.COM - WEBSITE TERMS OF USE
- ACCEPTANCE OF TERMS
Welcome to Finroo.com, a Website operated by Eric Yohay Enterprises, Inc. The purpose of this Website is to enable artists to post their work (“Artist Submissions”) in a public space, where consumers can evaluate them and provide feedback, and if they choose, purchase a product bearing an image of the Artist Submission. The Terms of Use set forth the rights and obligations of visitors to the Website, artists who submit their work, consumers who purchase our products, and Eric Yohay Enterprises, Inc. The Terms of Use constitute a binding agreement that governs your use of this Website, and you are authorized to use our services and resources only if you agree to these Terms of Use. PLEASE NOTE: Your use of this Website constitutes your acceptance of these Terms of Use and the Privacy Policy incorporated in these Terms of Use.
You agree that we may modify these Terms of Use at any time, by posting the modified Terms on this Website. We will have no obligation to notify you of any such modifications, beyond posting the modified Terms on this Website. It is your responsibility to review these Terms of Use from time to time, to see if modifications have been made. Any modification is effective immediately upon posting on the Website. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of the modification. - FINROO PROPRIETARY MATERIAL
The Finroo.com Website is protected by U.S. and international copyright laws and treaties. The Website contains copyrighted material, trademarks and other proprietary information owned by or licensed to Eric Yohay Enterprises, Inc. which may include, but is not limited to text, data, photos, audio, video, graphics, images, music, sound and software (“Finroo Proprietary Material”). Important: Proprietary material does not include Artist Submissions, which are addressed in Paragraph 5 below. You are hereby granted a non-exclusive license to access the Finroo Proprietary Material. You are also granted a limited license to print and download copies of Finroo Proprietary Material available on this Website, but only for your personal use, and provided that if you download or print a copy of Finroo Proprietary Material, you retain all copyright and other proprietary notices that appear on that Finroo Proprietary Material. Except as expressly provided in these Terms of Use, all other rights in the Finroo Proprietary Material are reserved to Finroo.com.
Except as provided above, you may not reproduce, distribute, modify, adapt, create derivative works of, display or in any way exploit the Finroo Proprietary Material available on this Website, in whole or in part, without the advance written consent of Eric Yohay Enterprises, Inc. Commercial use of any of the Finroo Proprietary Material is strictly prohibited. Use of any of the trademarks on this Website as metatags on other Websites is also strictly prohibited. You may not display this Website in frames, or any of the Finroo Proprietary Material via links, without our express written permission, which may be requested by contacting us. - VISITOR COMMUNICATIONS
By uploading files of any kind (including but not limited to Artist Submissions), posting messages, text, data, photos, audio, video, graphics, images, music, sound or software, or engaging in any other form of communication to or through this Website (individually or collectively, “Communications”), you represent and warrant that you are the owner of these Communications and/or have all rights necessary to upload, post, transmit and otherwise use them for your intended purpose. You grant Eric Yohay Enterprises, Inc. a non-exclusive, irrevocable, perpetual, royalty-free, unrestricted, worldwide license to reproduce, distribute, sub-license, modify, edit, adapt, translate, create derivative works of, include in a collective work, publicly perform or display, transmit, broadcast or otherwise exploit all or any portion of your Communications, in any and all media now known or later developed. You agree that you will have no claim against Eric Yohay Enterprises, Inc. for any actual or alleged infringement of any proprietary rights, rights of privacy or publicity, moral rights and rights of attribution in connection with our use of your Communications.
You agree not to post on this Website any Communications that (a) violate or infringe upon the intellectual property rights (including copyrights, trademarks, trade secrets and patents), rights of privacy or publicity, moral rights or any other proprietary right of any third party, (b) are unlawful, obscene, pornographic, defamatory, sexually explicit, profane, threatening, racist, or are otherwise offensive or objectionable, (c) contain a virus, malware or other computer code designed to interrupt or impede the operation of any computer hardware, software or telecommunications equipment, or compromise or destroy any data, (d) falsely state or misrepresent your affiliation with any person or entity or contain false or misleading statements of fact, (e) contain any advertising or material of a commercial nature or (f) violate any applicable local, state, national or international law or regulation (individually and collectively, “Prohibited Communications”).
You agree that we may decline to post and may edit, remove, or restrict access to Communications from you that we regard in our sole discretion as objectionable or in violation of these Terms of Use.
Important: If you wish to be post an Artist Submission, you must register as a Member and agree to additional terms. See Paragraphs 4 and 5 below. - MEMBERSHIP
If you are an artist who would like to submit your work for posting or a visitor who would like to provide feedback, vote or otherwise communicate with Finroo.com, you must be eighteen (18) years of age or older and become a Member of the Finroo.com Website. Becoming a Member requires registration. You agree that the registration information you provide is accurate, complete and current, and you further agree to promptly update that information to keep it accurate, complete and current.
When you have registered, you will receive a user id and password. You are responsible for maintaining the confidentiality of your user id and password, and are responsible for all activities that occur using your user id and password, whether or not expressly authorized by you. We will not be responsible for any damages resulting from the unauthorized use of your user id or password. You agree to notify us immediately of any such unauthorized use or any other breach of security.
You agree that we may suspend or terminate your access to this Website if you provide any information that is inaccurate, incomplete or not current, or we believe that such information is inaccurate, incomplete or not current, or you violate any of these Terms of Use. - ARTIST SUBMISSIONS.
In addition to becoming a Member, artists wishing to submit and be paid for their submissions must agree to the terms of the following Artist Agreement. Eric Yohay Enterprises, Inc. reserves the right to decline to post an Artist Submission for any reason. If and when a Website visitor purchases a Product (as defined in the Artist Agreement) bearing a reproduction of your Work (as defined in the Artist Agreement), Eric Yohay Enterprises, Inc. will pay you $4 for each unit sold, that is not returned within fourteen (14) days of delivery. You will be paid by check, PayPal or direct bank transfer, at your election. Payments will be initiated when you press the “Pay Me” button on your member page, with the following exceptions: (i) if you elect to be paid by check and the amount due you is less than US $100, we will pay you when the amount due is at least US $100 (but if the amount due you is less than US $100 three (3) months after you press the “Pay Me” button, we will pay you the amount due); and (ii) if you elect to be paid by PayPal or direct bank transfer and the amount due you is less than US $20, we will pay you when the amount due is at least US $20 (but if the amount due you is less than US $20 three (3) months after you press the “Pay Me” button, we will pay you the amount due). We may be required to report to the IRS all royalties paid to you, in any year in which the amount paid to you is $600 or more. - OBJECTIONABLE MATERIAL
It is our policy not to tolerate the posting of material that is, in our opinion, obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable. For this reason, Eric Yohay Enterprises, Inc. reserves the right, but has no obligation, to monitor Communications and Artist Submissions, or take any action to restrict access to material displayed or distributed through this Website by a third party that violates these Terms of Use. - DIGITAL MILLENNIUM COPYRIGHT ACT
Eric Yohay Enterprises, Inc. expects its users to respect the intellectual property rights of others. We may remove material that appears in our sole discretion to infringe upon the intellectual property rights of others and it is our policy to restrict the access rights of repeat infringers. If you believe a work protected by a U.S. copyright you own has been posted on this Website without authorization, you may notify the Finroo.com copyright agent, and provide the following information:
(a) A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
(b) Identification of the copyrighted work or works claimed to have been infringed;
(c) A detailed description of the material you claim is infringing, together with information sufficient to enable us to locate it, including the URL where the infringing material appears;
(d) Your address, telephone number and e-mail address;
(e) A statement by you that you believe in good faith belief that the copyrighted material identified is being used in a manner that is not authorized by the copyright owner, its agent or the law; and
(f) A statement by you that the above information is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright allegedly infringed.
The Finroo.com copyright agent can be reached at:
Eric Yohay
Eric Yohay Enterprises, Inc.
255 Massachusetts Ave., Suite 317
Boston, MA 02115
Phone: (516) 902-8911
Fax: (516) 487-3851
E-mail: copyright@finroo.com - PRIVACY POLICY
For information about our data protection practices, please read the Finroo.com Privacy Policy at www.finroo.com. You agree to the use of your data in accordance with the Finroo.com Privacy Policy. - PURCHASES
If you purchase Products through Finroo.com, you agree to the purchasing policies set forth here. - E-MAIL
You may not send unsolicited e-mail to this Website or to anyone whose e-mail address includes the domain name used on this site. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not pretend to be someone else – or spoof their identity – when using this Website and you may not transmit to this Website e-mail that includes false or misleading information in the return address or in the subject line. - LINKS
This Website may contain links to Websites owned and operated by parties other than Eric Yohay Enterprises, Inc. Eric Yohay Enterprises, Inc. has no control over these third party Websites, is not responsible for their contents and makes no representations about any material available at these sites. Our inclusion of links to other Websites is for your information only and does not imply sponsorship, affiliation or endorsement of the linked site or any material found there. Please note that once you link to another website, you are subject to the terms of use of that Website. - TERMINATION
Eric Yohay Enterprises, Inc. may terminate your right to access this Website at any time in its sole discretion, with or without cause, and without notice to you. - DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ALL PRODUCTS AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO (A) ANY WARRANTY AS TO THE ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME), COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL PROVIDED BY OR THROUGH THIS WEBSITE, (B) ANY WARRANTY THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, AND (C) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY MATERIAL OR PRODUCTS PROVIDED BY OR THROUGH THIS WEBSITE RESTS WITH YOU, AND YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO OR LOSS OF PROPERTY OR PERSONAL INJURY, DISEASE OR DEATH THAT MAY RESULT FROM YOUR USE OF SUCH MATERIAL OR PRODUCTS. - LIMITATION OF LIABILITY
NEITHER ERIC YOHAY ENTERPRISES, INC. NOR ANY PARENT, SUBSIDIARY OR AFFILIATE, SUPPLIER, AGENT OR REPRESENTATIVE, SPONSOR, PARTNER, ADVERTISER OR LICENSORS, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, AND INCLUDING BUT NOT LIMITED TO DAMAGES RESULTING FROM PERSONAL INJURY OR PROPERTY DAMAGE ARISING OUT OF (A) THE USE OR INABILITY TO USE THIS WEBSITE OR (B) INFORMATION, MATERIALS OR PRODUCTS AVAILABLE AT THIS WEBSITE, EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU MUST BRING ANY CLAIM IN CONNECTION WITH YOUR USE OF THIS WEBSITE WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO THE CLAIM. - INDEMNITY.
You agree at your expense to defend, indemnify and hold harmless Eric Yohay Enterprises, Inc., any parent, subsidiary or affiliate, their respective shareholders directors, officers and employees, agents, representatives, suppliers, and/or licensors, from and against any and all claims, demands, causes of action, debts or liabilities, (including costs and reasonable attorneys’ fees) arising out of your use of the Website, material you access, download, post, transmit or submit, your violation of these Terms of Use or (if you have made an Artist Submission) of the terms of the Artist Agreement, the unauthorized use of your ID or password, or your violation of any rights of a third party. - ELIGIBILITY
Use of the Finroo.com Website is void where prohibited. You represent that you are of legal age to form a binding contract with Finroo.com and are not barred from using this Website by the laws of the United States or the country in which you reside. - GENERAL
These Terms of Use, the Finroo.com Privacy Policy and if you post an Artist Submission, the Artist Agreement, constitute the entire agreement between you and Eric Yohay Enterprises, Inc. and govern your use of this Website, superseding any prior or contemporaneous representations or agreements. All rights not otherwise expressly granted to you by these Terms of Use are reserved to Finroo.com. All disputes arising out of or relating to these Terms of Use or our operation of this Website shall be governed by the laws of the State of New York and of the United States without regard to conflict of law principles. You agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in New York, provided that Eric Yohay Enterprises, Inc. shall be entitled to apply for injunctive relief in any jurisdiction. The failure of Eric Yohay Enterprises, Inc. to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid or unenforceable, the parties agree that the court should give effect to the parties' intentions as reflected in such provision, and the other provisions of the Terms of Use shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
ARTIST AGREEMENT
BACKGROUND
EYE operates the Finroo.com website (“Website”), to which artists may submit
their art work (each submission, a “Work”) for display. Visitors to the Website
may evaluate the Work, give the artists feedback and/or purchase a product to be
produced and offered for sale by EYE that bears a reproduction of the Work
(each, a “Product”). You and EYE wish to memorialize the terms and conditions
under which You will submit and EYE will display and sell Products bearing your
Work.
AGREEMENT
In consideration of the display of your Work on the Website, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and intending to be legally bound, You and EYE agree as follows:
- License to Display. You grant EYE an exclusive license, for a period of forty-five (45) days from the Effective Date, to reproduce, distribute and display on the Website any and all Works submitted by You, and acknowledge that by granting EYE an exclusive license, You may not permit any other party to reproduce, distribute or display the submitted Works or reproduce, distribute or display the submitted Works yourself. If, at the end of the forty-five (45) day period, no orders to reproduce the Work on a Product have been received, You may remove the Work from the Website, and the exclusive license described in this Section 1 will terminate. Alternatively, You may elect not to remove the Work from the Website, and in such case, the exclusive license described in this Section 1 will remain in effect until You remove the Work from the Website.
- Assignment Upon Purchase. If and when a Website visitor first places an
order and pays for a Product bearing a reproduction of your Work, You hereby
sell, assign and transfer to EYE all right, title and interest in and to the
Work (including copyrights, trademarks, goodwill and other intellectual
property rights, and any continuation, extension or renewal of such rights),
together with the right to sue and recover any and all damages and profits,
and any and all other remedies, for past, present or future infringements or
violations thereof. You also agree to waive any rights of attribution you
may have in the Work assigned. With these assigned rights, EYE will be
entitled to reproduce, distribute, make derivative works of and display your
Work and sublicense any or all of these rights to others, without
limitation.
You agree to assist EYE in acquiring and maintaining copyright, trademark/service mark and any other intellectual property right registrations of, and confirming EYE’s right and title to, the Work, at EYE’s expense. You will not at any time do or cause to be done any act or thing which will in any way infringe upon or interfere with EYE’s enjoyment of its right, title and interest in and to the Work, including without limitation, producing other works that are substantially or confusingly similar to or likely to cause deception or mistake with respect to the Work. - Representation and Warranty. You represent and warrant that (a) You are the sole creator of the Work, (b) the Work does not infringe upon the copyright or other proprietary or personal right of any other person or entity, and (c) You have not previously assigned, licensed or otherwise transferred any rights in the Work to any other party.
- Your Use of Assigned Work. EYE grants you a non-exclusive license to reproduce, distribute, make derivative works of and display a Work assigned to EYE, for personal, non-commercial purposes only.
- This Agreement shall inure to the benefit of EYE and its successors and assigns and shall be binding upon You and your successors and assigns.
- This Agreement and all questions relating to its validity, interpretation, performance and enforcement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.
FINROO.COM - WEBSITE PRIVACY POLICY
This Privacy Policy describes the practices of Eric Yohay Enterprises, Inc.
regarding information collected from visitors to the Finroo.com Website
(“Website”), and we ask that you review it carefully. The Policy describes the
types of information collected, how that information may be used and with whom
the information may be shared, among other things. You are authorized to use
this Website only if you agree to this Privacy Policy. PLEASE NOTE: Your use of
this Website constitutes your acceptance of this Privacy Policy.
We may modify this Privacy Policy from time to time, and when we do, we will
post on this Website a notice that the Privacy Policy has been modified. Any
modification will be effective on the effective date that appears on the
modified Policy. Each time you use this Website, you should check the effective
date of this Privacy Policy and review any changes since the last time you
visited the site. Your continued use of this Website following modification of
the Privacy Policy will be conclusively deemed to signify your acceptance of the
modification.
All capitalized terms used in this Privacy Policy have the meaning ascribed to
them in our Terms of Use.
- INFORMATION COLLECTED AUTOMATICALLY
We may use server log analysis tools to gather statistics regarding our Website's usage, such as the number of hits received, our most/least visited pages, errors experienced by users, and browsers and platforms used to connect to our Website. The following are examples of information about your visit that is, or may be, collected for this analysis: - ▪ The Internet Protocol (IP) address and domain used. (The IP address is
a numerical identifier assigned either to your Internet service provider or
directly to your computer.)
▪ Your user name.
▪ The type of browser and operating system used.
▪ The date and time you visited this Website.
▪ The web pages you visited.
▪ The action you tried to perform (e.g., get a document or post content).
▪ Codes that correspond to the status of your action (e.g., successful request, document not found, etc.)
The above information belongs to us and is used to improve the content and/or layout of our Website. We may release this information in the aggregate, for example, by sharing it with our partners or authorized service providers, or by publishing a report on the usage of the Website.
A “cookie” is a string of information that a website stores on a user’s computer, that the user’s browser provides to the website each time the user submits a query to the site. We may use cookies to track the pages that users visit during each Website session. We may analyze and disclose the information gathered using cookies, in aggregated form, to help us understand how the Website is being used and to improve users’ experiences. We do not link information gathered using cookies to personal information you volunteer.
USERS WHO DO NOT WISH TO HAVE COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO REFUSE COOKIES BEFORE ACCESSING THIS WEBSITE, WITH THE UNDERSTANDING THAT CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY, AS A RESULT.
A web beacon is an object embedded in a web page, typically a transparent graphic image, and usually invisible to the user, which we may use to track the IP address of your computer, the time you viewed material on our Website and the type of browser that retrieved the image viewed. Web beacons are most often used in conjunction with cookies to monitor activity on websites. For that reason, if you disable cookies, the web beacon will only detect an anonymous website visit. - INFORMATION YOU VOLUNTEER.
We may collect, store and use any personal and non-personal information you volunteer. Personal information is information that identifies or describes you, including but not limited to your name, address, telephone number, e-mail address and social security number. You may also provide financial information, such as your credit card type, number and expiration date, and demographic information, such your age, gender, etc. We store this information on our servers in the United States.
We may use the information you provide to deliver the services you have requested, for example:
▪ if you supply us with your e-mail address, we may use it to respond to messages you send us, and we may send you our e-newsletters and information on events.
▪ if you submit a work of art for evaluation, feedback and possible reproduction on a Product sold through this Website, we may use your social security number to report royalties paid to you in a year in which they total $600 or more
▪ if you purchase a product, we may use the credit card information you provide to bill you for the product you have requested and we may use your address to ship it to you.
▪ We may also use the information you provide to operate and maintain this Website and to improve our content, services and communications with you.
If you are visiting our Website from a country outside the United States, you acknowledge and agree that in using this Website, you will transfer personal information about yourself to the United States, that the data protection laws of the United States may not be as comprehensive as those in your own country and that the transfer of this personal information occurs with your consent. - DISCLOSURE TO THIRD PARTIES OF INFORMATION YOU VOLUNTEER
We may disclose the personally identifiable information you volunteer in a variety of ways, including but not limited to the following:
▪ We may share the personally identifiable information you volunteer with our sponsors, partners and advertisers;
▪ We may share it with our authorized service providers, for example, those who support our Website functionality, or who process credit card transactions for us;
▪ We may disclose it in response to a subpoena or court order, or in response to a request from a law enforcement or other government agency, to establish or exercise our legal rights or to defend against claims;
▪ We reserve the right to transfer all personally identifiable information in our possession to a successor organization in the event of a merger, acquisition or bankruptcy, or a sale of all or a part of our assets;
▪ We do not rent, sell or otherwise provide your personally identifiable information to third parties for marketing purposes, without your consent.
Please note that we require third parties with whom we have a contractual relationship (for example, those who process credit card transactions for us) not to use or disclose your personally identifiable information for any purpose other than the purpose for which we disclosed the information to them, and to protect the privacy of that information consistent with this Privacy Policy.
Please note that Eric Yohay Enterprises, Inc. is not responsible for the acts or omissions of other third parties to whom we disclose your personally identifiable information. In addition, please note that this Privacy Policy does not govern other websites that you may access through Finroo.com. - ACCESSING AND UPDATING YOUR INFORMATION
If you are an artist wishing to submit Work to this Website, you may create a profile. You may review and request changes to the information you have provided to us, by contacting us at info@finroo.com. - E-MAIL
▪ We may use the e-mail address you provide to send you messages about products or services we believe may be of interest to you. At any time, you can “opt out” of receiving promotional e-mail messages from us, by contacting us at the address below. It may take us ten (10) days to process your request.
▪ We may send you messages regarding your use of this Website, the purchase by you of goods or services from us, or other transactional or relationship messages, without offering you the opportunity to opt out of receiving them. - CHILDREN
This Website is intended for adults. Accordingly, we do not knowingly collect information from children under the age of thirteen. - SECURITY
We maintain reasonable security procedures and practices to protect the personal information you provide from unauthorized access, destruction, use, modification and disclosure; and we require that our authorized service providers that have access to your personal information implement and maintain such security procedures and practices as well. For example, we use industry-standard tools such as firewalls to protect your personal information; we host our servers in a physically secure environment; and when you provide personal information through this Website, we use a secure socket layer (SLL) connection to enhance security by means of encryption. Please note that no security measures are 100% effective against hackers. - EFFECTIVE DATE; HOW TO CONTACT US
This Privacy Policy is effective 3/11/10. If you have questions about it, please contact us by e-mail or postal mail as follows:
Eric Yohay
Eric Yohay Enterprises, Inc.
255 Massachusetts Ave., Suite 317
Boston, MA 02115
Phone: (516) 902-8911
Fax: (516) 487-3851
E-mail: info@finroo.com
