Terms and Services
Thank you for using Red Canvas. Please read the Terms and Conditions contained in this document carefully since any use of this site and all services (defined below) constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these Terms and Conditions, please do not use this website, mobile application, or any other services. We provide Red Canvas users with access to a wide array of resources which may be provided to you in a variety of mediums and devices now known or hereinafter developed, including mobile applications. These resources include, without limitation, websites, tools and applications, and sponsored programming such as an API (collectively, the “Services”). The “Site” or “Website” refers to redcanvas.co. Throughout the collective services, the terms “we”, “us”, “our”, “Red Canvas LLC”, “mredcanvas.co” refer to Red Canvas, LLC, and any of its direct and indirect subsidiaries. “You” refers to any person accessing and/or using any of the services.\ For the purpose of this Terms and Conditions, ‘Personal Data’ means any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
We reserve the right to change, modify, add, or remove these Terms and Conditions at any time, and you agree (including by virtue of your continued use of our services) to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that augment or enhance our services shall be subject to these Terms and Conditions. Please check these Terms and Conditions periodically for any modifications.
The Services may contain links to third-party sites or resources. Red Canvas is not responsible for the availability of external sites or resources linked to the Site, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. Transactions that occur between you and any third-party are strictly between you and the third-party and are not the responsibility of Red Canvas. Because we are not responsible for the availability or accuracy of these outside resources or their contents, you should review the Terms and Conditions and privacy policies of these linked sites, as their policies may differ from ours. We welcome links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Red Canvas. We grant a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in Red Canvas domain names, brand names, and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding website owned by Red Canvas. Links to an Red Canvas Site other than the one using the Red Canvas domain names, brand names, or logos are not permitted. The materials on the Owner’s site shall not imply any association with or relation to Red Canvas or imply in any way that any materials from our Red Canvas Site are maintained within the Owner’s web site. No changes or modifications to the Red Canvas domain names, brand names, or logos may be made. Use of the Red Canvas domain names, brand names, or logos for purposes other than linking to the Red Canvas Site is expressly forbidden. The domain names, brand names, and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory, or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation, and goodwill of Red Canvas and its products. We retain and reserve all rights in and to Red Canvas’s trade names, trademarks, copyrights, and all other intellectual property with respect to its domain names, brand names, and logos. Red Canvas reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names, or logos must cease and the link between the web sites must terminate. Use of Red Canvas trademarks, trade names, logos, copyrighted material, or any other intellectual property of Red Canvas for any purpose not stated herein is expressly forbidden.
C) Legally Compelled Disclosure of User Information
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP address, or other information in response thereto.
D) System Reliability
Red Canvas aims to keep Services available twenty-four (24) hours a day, seven (7) days a week, and to maintain saved information. However, Red Canvas shall not be liable for lost, altered, or corrupted information or non-availability of the Services.
E) Prohibited Activities
You are prohibited from doing any act that Red Canvas in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to these services including, but not limited to: • Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individuals consent) or any other of the legal rights of individuals; • Using these services to defame or libel Red Canvas, its employees, or other individuals or acting in such a way that brings into disrepute the good name of Red Canvas; • Uploading files that contain viruses that may cause damage to the property of Red Canvas or the property of other individuals; and • Posting or transmitting to these services any unauthorized material including, but not limited to, material that is in our opinion likely to cause annoyance, detrimental to or in violation of Red Canvas’s or any third party’s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane, or is otherwise unlawful.
F) Disclaimer of Warranties and Liabaility
Neither Red Canvas nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Services will be uninterrupted or error-free; that any defects will be corrected; that the Services, including the servers that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Services. THE SERVICES, INCLUDING ALL CONTENT AND PRODUCTS, INCLUDED IN OR ACCESSIBLE FROM THE SERVICES, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH RED CANVAS DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SERVICES AND THEIR CONTENT AND PRODUCTS IS AT YOUR SOLE RISK. To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals, or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products, or procedures contained in the Services. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider’s judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications, and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors and should be checked with current medical guidelines, hospital procedures, and pharmaceutical manufacturers. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL RED CANVAS OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, PERSONAL INJURY (INCLUDING DEATH), LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICES OR ITS CONTENT, PRODUCTS OR SERVICES, OR SHALL THE LIABILITY OF RED CANVAS OR ITS SUPPLIERS AND LICENSORS EXCEED A SUM EQUAL TO THE FEES PAID BY YOU HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Red Canvas does not claim ownership, endorse, or take responsibility for any third-party products, information, guidelines, materials, or services that may be offered, advertised, provided, or displayed on the Services or incorporated in the Content, products or services contained on, accessible from or distributed throughout the Services.
G) Export Restrictions
Software from these Services may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software or property (including, but not limited to, code, images, or screenshots) from these Services may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department\’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
G) Mobile Services
If Red Canvas permits or makes available to you the ability to: (a) upload content to the services via your mobile telephone and/or tablet (“mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the services from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging, and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Red Canvas does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including, but not limited to, any roaming charges.\You may be given the option to register to receive commercial messages from Red Canvas via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
You hereby agree to indemnify and hold Red Canvas, its directors, officers, shareholders, predecessors, successors in interest, employees, agents, suppliers, and licensors harmless from and against any and all claims of liability, losses, damages, and costs, including, without limitation, reasonable attorneys’ fees, arising from any violation by you of these Terms and Conditions or in connection with your use of or inability to use the Services or its Content, products, or services. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this clause. In such event, you shall provide us with such cooperation as is reasonably requested by us.
J) Jurisdiction and Governing Law
The Red Canvas products, services, materials, offers, and information appearing on this Site are intended for users and/or customers in the United States of America only. Red Canvas makes no representation that the products, services, and content of this website are appropriate or available in locations other than the United States of America.\You and Red Canvas agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Florida, USA, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of the State of Florida, USA.
EEA Data Subject Rights
If you are an individual located in the EEA only, to the extent required by and in accordance with applicable law, you will have the following rights with regard to your Personal Data:
- Right of access You may request details of your Personal Information that we hold. We will confirm whether we are processing your Personal Information and we will disclose supplementary information including the categories of Personal Information, the sources from which it originated, the purpose and legal basis for the processing, the expected retention period, and the safeguards regarding Personal Information transfers to non-EEA countries, subject to the limitations set out in applicable statutes, regulations and other laws.
- Right of correction We will comply with your request to edit and update incorrect Personal Information promptly.
- Right to be forgotten At your request, we will delete your Personal Information promptly if:
- it is no longer necessary to retain your Personal Information;
- you withdraw the consent which formed the basis of your Personal Information processing;
- you object to the processing of your Personal Information and there are no overriding legitimate grounds for such processing;
- the Personal Information was processed illegally; or
- the Personal Information must be deleted for us to comply with our legal obligations.
- to comply with our legal obligations;
- in pursuit of a legal action;
- to detect and monitor fraud; or
- for the performance of a task in the public interest.
- Right to restrict processing of your Personal Information At your request, we will limit the processing of your Personal Information if:
- you dispute the accuracy of your Personal Information;
- your Personal Information was processed unlawfully and you request a limitation on processing, rather than the deletion of your Personal Information;
- we no longer need to process your Personal Information, but you require your Personal Information in connection with a legal claim; or
- you object to the processing pending verification as to whether an overriding legitimate ground for such processing exists.
- Right to notice related to correction, deletion, and limitation on processing In so far as it is practicable, we will notify you of any correction, deletion, and/or limitation on processing of your Personal Information.
- Right to data portability At your request, we will provide you free of charge with your Personal Information in a structured, commonly used and machine readable format, if: (i) you provided us with Personal Information; (ii) the processing of your Personal Information is based on your consent or required for the performance of a contract; or (iii) the processing is carried out by automated means.
- Right to object Where we process your Personal Information based upon our legitimate interest then you have the right to object to this processing.
- Right not to be subject to decisions based solely on automated processing You will not be subject to decisions with a legal or similarly significant effect (including profiling) that are based solely on the automated processing of your Personal Information, unless you have given us your explicit consent or where they are necessary for a contract with us.
- Right to withdraw consent You have the right to withdraw any consent you may have previously given us at any time. If you withdraw your consent, this will not affect the lawfulness of our collecting, using and sharing of your Personal Information up to the point in time that you withdraw your consent. Even if you withdraw your consent, we may still use your information that has been fully anonymized and does not personally identify you.
- Right to complain to a supervisory authority If you are not satisfied with our response, you have the right to complain to or seek advice from a supervisory authority and/or bring a claim against us in any court of competent jurisdiction.
Updates to Terms and Conditions
Red Canvas reserves the right to modify Terms and Conditions at any time. Your continued use of the Sites after any change in this Terms and Conditions will constitute your acceptance of such change.
For more information on how we collect and process your Personal Information, or if you have any complaints please contact firstname.lastname@example.org.