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Terms of Use

Site Access

By accessing this website you agree to be bound by the terms and conditions appearing which are conditions to permission to access this site.

Security

Armarko Inc uses Go Daddy Instant SSL to protect your billing information. Secure Sockets Layer (SSL) is the industry standard tool that encrypts information and keeps the data private and confidential between your machine and Armarko Inc. This technology makes it safe to transmit your credit card number over the Internet.

Go Daddy Instant SSL works with most web browsers. (A browser equivalent to Netscape version 6 or Microsoft Internet Explorer version 5 or higher is recommended.)  Armarko Inc. is committed to maintaining a safe and secure method for transactions to occur with our valued customer.

Privacy

Armarko Inc. values the privacy of our customers and do not share any information or resell any information provided during any exchange of information or purchase on any Armarko Inc website.  Our customers privacy is 100% protected on this and all Armarko Inc websites.

Copyright

All site design images, graphics, logos and text contained within all Armarko Inc websites is the sole property of Armarko Inc. Written permission must be obtained in advance from Armarko Inc. before any images, graphics, logos and textual information can be used.

Trademarks

All trademarks and trade names are proprietary to Armarko Inc.

External Sites

This site may contain links to other sites on the internet that are owned and operated by third party vendors and/or other parties.  Visitors to the site acknowledge that Armarko Inc. is not responsible for the availability of, or the content available on or through any external site.

Below is our Terms and Conditions for Content Submissions and other relevant website usage

Image Submission Guidelines, Terms and Agreement

 

Our goal is to help our customers express themselves as vividly as possible and we need your help.

 

We want our customers to have access to some of the best images that allow them to express themselves and their lifestyle or personality.  As much as we would like to create these images ourselves, we can’t.  Actually, we can but they would lack the magic chemistry that is created when a spontaneous moment is captured at a WOW moment.   Fortunately, through the power of the internet, these magical moments can be shared with the world to put a smile on someone’s face when they may need it most.

We do not want to own your images but we do want your permission to sell, share and use your images on our products if they are considered popular.  Unfortunately, we cannot pay for the images submitted but we can give credit where credit is due.  So here is the deal.  Give us your best shot ( or your best shots ) and we will put them out there for others to view and perhaps vote on.  The top rated images that get the biggest applause for their category will get considered for placement on our products.  In all cases, we will do our best to credit the owner of the image so that the world knows how cool and creative your images are.

If you aren’t comfortable with us making a buck on your masterpiece, please don’t submit it.  We don’t want to share images that don’t want to be shared.  However, if you get a kick out of seeing your special moment give pleasure to others, and maybe even showing up on a product in public, then we appreciate the help and welcome your creative support.  We hope you have as much fun sharing with us as we do with our customers.  Thank you for your help. 

Now we move on to the legal mumbo jumbo that we need to provide, but we think that these paragraphs express what we are trying to accomplish.  Please do not skip the legal stuff.  It is important for you to know.  To help, we tried to add some plain English every now and then.

  

Important Legal Stuff Regarding Content Submission                                              Last Revised: 10/10/09

This website is owned and managed by Armarko Inc.

The terms of use set forth in this Terms of Use statement constitutes the entire relationship between the Content Provider and Armarko Inc.  No other agreements, expressed or implied, supercedes the terms outlined in this Agreement.  All content submitted to Armarko Inc. by a Content Provider is governed by the terms of this Agreement, whether submitted via website, e-mail or other means.

We need to know that the images you provide are legally yours to share.

Content Provider represents and warrants to Armarko Inc as follows and acknowledges that Armarko Inc is relying on such warranties, representations and covenants in using the voluntarily submitted content:

  1.  Content Provider has all right, title and interest in and to the Content

  2. Content Provider has the right to enter into and provide the license rights granted by this Agreement

  3. Content Provider is not a party to and will not enter into any agreement, covenant, or encumbrance which in any way would prevent it from granting the rights granted under this Agreement

  4. Content Provider has obtained all assignments of moral rights from all authors and owners of copyright in the Content

  5. No portion of the Content uses, copies or is comprised of the copyrighted or trademarked works of any third party and, no royalty or other consideration is due to any third party arising out of the creation, copying or distribution of the submitted Content

  6. Content Provider has obtained an assignment of all of the necessary waivers and model and property releases for the Content to allow unlimited and unrestricted use of the Content in any media whatsoever, and further has all rights to provide the license granted as a result of the Content Provider’s submission.

  7. f the Content Owner who is agreeing to this Terms of Use is an agent of the copyright owner(s), then the Content Owner has been granted full authority of the copyright owner(s) to enter into this Agreement;

  8. The use, copying, modification, publication, distribution or other exploitation of the Content will not infringe, breach or constitute a misappropriation of the intellectual property rights, moral rights, or any right of publicity and/or privacy of any third party or any other proprietary or contractual rights of anyone

  9. Content Provider has not received a claim or demand related to the infringement, breach or misappropriation of any such rights.

  10. To date, the exploitation of the Content has not infringed, breached or constituted a misappropriation of any such rights

We can change the terms of use anytime, so check them out frequently

Armarko Inc may modify or amend this Agreement without notice at any time and such modification will be effective upon posting by Armarko Inc on the Site. Your continued use of the Armarko Inc websites after Armarko Inc posts a revised Agreement signifies your acceptance of the revised Agreement. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Only submit or provide content that you are comfortable sharing with the public

Please choose carefully the information you post or submit on or through the website.  Armarko Inc. is not responsible for any repercussions that may arise out of submitted content being made available from the website.

We have certain guidelines for images submitted.  We do not want to offend or upset our customers, or anyone else for that matter.

Any Content that you upload to the website may not include any form of Prohibited Content, which is defined below. Despite this prohibition, information, materials, products or services provided by other website users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and the company assumes no responsibility or liability for this material. If you become aware of misuse of the website by any person, please email customerservice@armarko.com and include in your email a URL to the material in question, along with a description of the misuse.  We will do our best to correct the misuse and/or remove the prohibited material as quickly as possible.  Armarko Inc. maintains, at its own discretion, the right to remove any and all content that may be deemed as inappropriate or not conforming to the conditions outlined in this agreement.  In extreme cases, Armarko Inc may pursue legal remedies for actions considered to be malicious or seeking to cause harm to the company and/or any of the website community participants.

All website image and content submissions must be made in a manner consistent with any and all applicable laws

All image submissions must refrain from the following which would categorize the content as Prohibited Content :

1)     Using obscenity or other inflammatory content that may offend website visitors

2)     Promoting racism, bigotry, hatred or physical harm of any kind against any group or individual

3)     Promoting any from of exploitation of people in a sexual or violent way

4)     Publicly posting information that creates a privacy or security risk to any individual or group

5)     Using unauthorized copyrighted work

6)     Promoting any form of illegal activity

7)     Promoting the sale of products, goods or services

8)     Invading or violating the rights of any individual or group, including privacy rights, publicity rights, defamation rights, copyrights, trademark rights, patent rights, or any other rights.

9)     Including the image of any person without their express permission being granted.

We do not want you to upload any damaging files

We accept image files in .jpg, .png and .gif formats only.  Any and all other file types will not be accepted.  We also limit the size of any individual file to 2MB in size.  Any and all files larger than 2 MB will not be accepted.  Anyone attempting to upload files that are malicious or damaging in nature or with malicious intent will be prosecuted to the fullest extent of the law.  Some file types prohibited from being submitted include, but is not limited to, viruses, spyware, bots, worms or any other computer code or file that may harm the functionality of computers, servers or the website.

If you do not want to have your name published with your image just let us know.

We try to give credit to the creators of content submissions but we understand that some people may prefer their privacy and still want to provide images to be shared.  We respect people’s right to privacy and will accommodate requests for anonymous submissions to the best of our ability. In this case, we ask that any person submitting content with a preference towards not having their names attached to the image, simply indicate so in the “General Comments” section on the submission page.  We will list the submission as being provided by an “Anonymous” contributor.

You are giving us a lot of rights with your image submission, make sure you are comfortable with that.

Armarko Inc. does not claim any ownership rights to submitted Content.  In consideration for receiving exposure of submitted Content to the public via Armarko Inc’s publicly published websites and other possible promotional means, Content Provider grants to Armarko Inc., and Armarko Inc accepts from Content Provider, the non-exclusive, perpetual, royalty free, irrevocable, worldwide right and license to use, publish, display, produce, reproduce and modify the image(s)  or Content submitted by Content Provider to Armarko Inc. so that Armarko Inc. may: (i) display the Content on any Web site or Web page operated by Armarko Inc , (ii) combine the Content with other materials on the Web Site, (iii) rename and/or reorganize the Content (iv) utilize the content for promotional purposes. This includes the rights to translate, incorporate, port and transmit the Content.  Armarko Inc. is also granted commercial rights to offer and sell items that maintain submitted images as a primary component of the offered merchandise, such as framed prints, mugs, mouse pads, Tshirts, car seat covers, bags and other items that may be imprinted with the submitted Content.  Armarko Inc. is also granted licensing rights to sell submitted Content as digital downloaded images which may be used to decorate merchandise as deemed appropriate by the consumer.  Armarko Inc is also granted permission to use the name of the Content Provider, at its sole discretion, to give credit to Content Provider as the owner of the works, unless otherwise expressed by the Content Provider in the general comments section during their submission.  The Content Provider understands that aside from the public exposure provided by Armarko Inc, there will be no other implied or actual remuneration for granting of the aforementioned licensing rights.  The Image Provider agrees that they are providing any and all images willingly and have not been coerced in any way to do so.

 You are going to stick up for us if someone accuses us of anything regarding your content.

 Content Provider shall defend or settle, and indemnify Armarko Inc from and against any claim that any submitted content infringes any copyright, trade-mark, trade secret right, patent or other intellectual property right or any right of publicity and/or privacy or any moral rights of any third party.

 License rights are granted the date an image is submitted to Armarko Inc via website or e-mail.

The aforementioned license rights are granted effective as of the date the Content Provider’s submission of the image or images to Armarko Inc. is executed by transmitting the image or images using the submit button on the  image submission webpage found on an Armarko Inc website.  Alternatively, the aforementioned license rights are granted effective as of the date the Content Provider submits the image or images to Armarko Inc by transmitting the image or images via electronic mail.

 Armarko Inc. does not own any images submitted.  Ownership is maintained by the original owner as of the date of Content Submission.

 Both Armarko Inc and the Content Provider acknowledge that, other than as granted to Armarko Inc hereunder, all right, title and interest, including the copyright and other intellectual property rights in and to the content shall remain under the ownership of the Content Provider.  The rightful owner of Content subject to these terms is the rightful owner of the Content on the date of Submission.

We do not have to use or publish the image submitted.

Although we hope to be able to use most of the images provided, Armarko Inc is in no way obligated to publish, publicize or exhibit a submitted image.  Armarko Inc. has the right, at its own discretion, to not post or publicize a submitted image for any reason. Armarko Inc. reserves the right to remove unauthorized content in its sole discretion.  Illegal and/or unauthorized use of the website is strictly prohibited.

If you have a copyright complaint, we want to know and have a chance to fix it.

Any copyright concerns pertaining to content displayed on an Armarko Inc website should be submitted to customerservice@armarko.com.  In your communication you should provide as much detail so that Armarko Inc. can take the appropriate steps to resolve the matter.

We are not required to return submitted Content.

Armarko Inc., under the license granted by this Agreement, has the right to maintain submitted Content in use.  Concurrently, if a Content Provider submits a request to have content removed from a website, Armarko Inc. has the right, at its discretion, to remove Content.  Any request to have Content removed from an Armarko Inc. owned website should be submitted via e-mail to customerservice@armarko.com.

We live in Pennsylvania so if there are any disputes, we want them resolved in our home state.

The terms of Use and Agreements made between Armarko Inc. and all website users is governed by the laws of the State of Pennsylvania.  All website users having any dispute with Armarko Inc., its practices, or its website, will seek to resolve disputes as amicably as possible to avoid litigation.

We own copyrighted material on our website.

Armarko Inc. owns content presented on its website that is protected by copyright, trademark and other relevant intellectual property laws.  Armarko Inc. retains all rights to said content.

Please contact us at: customerservice@armarko.com with any questions or concerns regarding this Agreement.


 

 

 

  

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