ACCEPTANCE OF TERMS
FINROO PROPRIETARY MATERIAL
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 CB2 Enterprises, Inc., 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.
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 CB2 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 CB2 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”).
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.
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.
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. 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), CB2 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.
DIGITAL MILLENNIUM COPYRIGHT ACT
CB2 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:
CB2 Enterprises, Inc.
11010 Schulkill Road
Rockville, MD 20852
If you purchase Products through Finroo.com, you agree to the purchasing policies set forth here.
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.
CB2 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 CB2 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.
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.
CB2 ENTERPRISES, INC. 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 CB2 ENTERPRISES, INC. that bears a reproduction of the Work (each, a “Product”). You and CB2 ENTERPRISES, INC. wish to memorialize the terms and conditions under which You will submit and CB2 ENTERPRISES, INC. will display and sell Products bearing your Work.
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 CB2 ENTERPRISES, INC. agree as follows:
License to Display. You grant CB2 ENTERPRISES, INC. 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 CB2 ENTERPRISES, INC. 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 CB2 ENTERPRISES, INC. 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, CB2 ENTERPRISES, INC. 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 CB2 ENTERPRISES, INC. in acquiring and maintaining copyright, trademark/service mark and any other intellectual property right registrations of, and confirming CB2 ENTERPRISES, INC.’s right and title to, the Work, at CB2 ENTERPRISES, INC.’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 CB2 ENTERPRISES, INC.’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. CB2 ENTERPRISES, INC. grants you a non-exclusive license to reproduce, distribute, make derivative works of and display a Work assigned to CB2 ENTERPRISES, INC., for personal, non-commercial purposes only.
This Agreement shall inure to the benefit of CB2 ENTERPRISES, INC. 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.
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 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.
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 firstname.lastname@example.org.
▪ 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.
This Website is intended for adults. Accordingly, we do not knowingly collect information from children under the age of thirteen.
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
CB2 Enterprises, Inc.
11010 Schulkill Road
Rockville, MD 20852