Updated: July 31, 2023
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS Property, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow or do not agree to be bound by all such terms, do not use this Service.
Certain aspects of the Service may be subject to additional terms and conditions, which may include, among other things, particularized age requirements, codes of conduct, sweepstakes and contest rules, and payment or subscription terms (collectively, “Additional Terms”). When Additional Terms are made available in connection with any aspect of the Service, those Additional Terms also apply to your use of that aspect of the Service and control in the event of a conflict with these Terms.
- Changes to these Terms
- Your Representations
- User Accounts
- Account Creation
You may be required or permitted to create user accounts (each an “Account”) in order to access or use certain aspects of the Service. If you open an Account or otherwise access the Service on behalf of a company, organization, or other entity (a “Business User”), then you represent and warrant that you have the authority to also bind the Business User to these Terms, and hereby do so, and both you and the Business User will be responsible for any breach of this Agreement. You acknowledge and agree that you have no ownership or other proprietary interest in any Account. You agree that all of the details you provide in connection with your Account are about yourself or an applicable Business User and not about another individual or entity (whether real or fictitious), and that such details will be maintained by you as correct, current, and complete.
- Investigations, Suspensions, and Termination
You agree that Tiki Tāne Pictures has the right, in our sole discretion, to investigate any actual or suspected violation of these Terms and to suspend or terminate your Account and refuse you access to your Account, the Service, or the Content (or any portion thereof) for any reason, including if Tiki Tāne Pictures believes the information you provide is not correct, current, or complete, or that you have otherwise violated this Agreement or any applicable law. You agree that Tiki Tāne Pictures may report your conduct, activity, or identity to law enforcement or other appropriate authorities, take appropriate legal action against you, respond to subpoenas or other requests for information regarding your Account or use of the Service, or otherwise take action to protect our rights and the rights of any third party. BY ACCEPTING THESE TERMS, YOU WAIVE ANY CLAIMS RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN BY TIKI TĀNE PICTURES DURING OR AS A RESULT OF THESE INVESTIGATIONS.
- Account Security
You may not use anyone else’s Account at any time and you may not allow anyone else to use your Account at any time. You are responsible for all activity occurring under your Account, including all activities or transactions conducted through the use of your Account. You are responsible for maintaining the confidentiality of your Account username and password, and agree not to disclose your username and password to anyone. You agree not to transfer, resell, or otherwise convey your Account or the right to use your Account to anyone. You agree that Tiki Tāne Pictures will not be liable for any loss you may incur as a result of someone else using your Account, either with or without your knowledge. You also agree that any information you provide is offered at your own risk, and that Tiki Tāne Pictures cannot guarantee its protection from unauthorized access. If you have reason to believe that your Account is no longer secure, you must: (i) promptly change your password; and (ii) immediately notify us of the problem through our contact page. Tiki Tāne Pictures may require you to change your Account username and password.
- Mobile Devices
Wireless Charges: You are solely responsible for all charges from your wireless provider including any data and messaging fees that you may incur if you use mobile devices to interact with the Service or to receive communications from Tiki Tāne Pictures.
- Paid Services
Certain aspects of the Service may require payments. If you use those aspects of the Service, you agree to the applicable pricing and payment terms. Such terms will be displayed in connection with that aspect of the Service requiring payment. Tiki Tāne Pictures may update pricing and payment terms at any time and in its sole discretion, with any changes to subscription fees taking effect upon the conclusion of your current subscription term unless otherwise specified. The transaction is with the specific Tiki Tāne Pictures entity identified by the aspect of the Service used to make the purchase.
All payment transactions are administered by a third-party payment processor or third-party store (for example, Stripe). Tiki Tāne Pictures expressly disclaims any liability for the processing of any transactions by a third party, including any errors in invoicing or payment processing or any breach in security with respect to your payment information associated with the third-party’s handling of the transaction. Tiki Tāne Pictures is not responsible or liable to you for any credit card, bank-related, or other financial service charges and fees related to your transactions. You represent and warrant that all payment information you provide is correct, current, and complete. You agree to pay all applicable charges (including any applicable taxes) billed to your chosen payment method. We reserve the right to refuse or cancel transactions, including due to pricing or other typographical errors.
All purchases are final and no refunds are available unless otherwise specified in applicable Additional Terms, including where your account is terminated or suspended preventing your access to paid aspects of the Service, such as any remaining subscription terms. Subscriptions have no monetary value and are purchases of only a limited, personal, non-transferrable, non-exclusive, non-sublicensable, non-assignable, and fully revocable license to access portions of the Service. Unless otherwise specified (at initial sign-up or subsequently), subscriptions may renew automatically for up to the initial subscription term at a rate not exceeding the rate for the prior subscription period. If you sign up for a free trial subscription (if available), you will be automatically billed at the then-current rate at the conclusion of the free trial. You may cancel any automatically renewing subscription by using that aspect of the Service you used to set up your subscription, unless another cancellation method is specified in applicable Additional Terms.
The name and contact information of the service provider is set forth herein in conformance with Cal. Civ. Code § 1789.3. If you are a California resident, you may report any complaints to the Consumer Information Division of the California Department of Consumer Affairs.
- Third-Party Services
- User Content
From time to time, certain aspects of the Service may invite or otherwise allow you to submit or post a variety of content to the Service, such as text (including comments and reviews), images, videos, music, and other information, either directly to the Service or through a Third Party Service (collectively, “User Content”). Your User Content remains your own, unless as otherwise may be provided in Additional Terms. Please be aware, however, that User Content is not confidential and may be accessible by other users and the public. Moreover, by submitting or posting User Content to the Service (either directly or through a Third Party Service) you grant Tiki Tāne Picturesa royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, assignable, unrestricted, worldwide license to use the User Content, together with all consents or waivers including a publicity rights waiver and a waiver of moral rights (if any) in favor of Tiki Tāne Pictures necessary to reproduce, distribute, publicly perform, publicly display, transmit, communicate to the public, modify and make derivative works of the User Content, by any means and in all media formats and channels now known or hereafter devised in perpetuity, and to advertise and promote such use, without further notice to, or permission from, you or any other person, and without compensation or reference to you or any other person.
Please retain copies of all User Content as Tiki Tāne Pictures is under no obligation to store or return any User Content to you. Your submission of User Content will not be subject to any obligation of confidentiality, attribution, or otherwise. You are solely responsible for your User Content. Tiki Tāne Pictures only acts as a passive conduit for User Content, and will not be liable for any use, disclosure, or exposure of any User Content, including possibly objectionable or offensive User Content, to you, any other user, or any third party. Tiki Tāne Pictures is under no obligation to monitor User Content or use of the Service. However, Tiki Tāne Pictures has the right to monitor or moderate User Content, in our sole discretion, and to enforce our or a third party’s intellectual property rights in any User Content. Tiki Tāne Pictures reserves the right to discard or remove User Content from the Service in its sole discretion and without any liability whatsoever.
You represent and warrant the following as to your User Content:
- You have obtained the written consent of every identifiable individual featured in your User Content (or, in the case of minors, consent of the minor’s parent or guardian) to use that person’s name, and/or likeness (as applicable) in connection with the Service and pursuant to these Terms.
- Your User Content does not infringe, violate, or misappropriate any third-party intellectual property rights, including copyrights, trade secrets, or trademarks.
- Your User Content, as used in connection with the Service, will not violate any applicable laws or regulations or infringe or violate any rights of a third party, including third-party publicity or privacy rights.
- Code of Conduct
You agree that you will not use the Service to upload, post, or otherwise distribute any User Content that:
- constitutes or promotes illegal activity;
- is infringing, libelous, defamatory, abusing, harassing, or threatening;
- contains any obscene, pornographic, racist, or otherwise offensive material;
- exploits or harms children, directly or indirectly, including by exposing them to inappropriate material or asking them for any personal information;
- promotes any commercial activity, including promoting goods or services or soliciting donations, except as may be specifically authorized by applicable Additional Terms;
- is subject to confidentiality or non-disclosure obligations;
- includes any visible logos or trademarks that belong to third parties;
- disguises its source or origin, or misrepresent its author, by modifying metadata or other identifiers; or
- links to any third-party sites or services that would violate the standards contained in this list.
In using the Service you also agree not to:
- attempt to interfere with the operation of the Service in any way;
- copy, reproduce, distribute, transfer, sell, license, publish, enter into a database, display, perform publicly, modify, create derivative works of, upload, edit, post, link to, frame, transmit, rent, lease, lend or sublicense, scrape, crawl, or in any way exploit any part of the Service (except: (a) as authorized herein; or (b) in the case of public search engines, which are granted a revocable right to crawl publicly accessible portions of the Service in compliance with instructions posted on applicable “robots.txt” files and without circumventing any technical barriers, for the sole purpose of creating public searchable indexes, but not caches or archives);
- use any viruses, worms, bug exploits, or similar data-gathering and extraction tools on the Service, or frame any portion of the Service, or attempt to tamper, hack, corrupt, or impair the administration or security of the Service;
- assign, sublicense, pledge or transfer any of your rights or obligations under this Agreement to any person or entity without Tiki Tāne Pictures’ prior written consent which may be withheld in Tiki Tāne Pictures’ sole discretion (and any such purported assignment, pledge, or transfer without such prior written consent will be null and void);
- use any tools designed to compromise security or digital rights management technology (including password guessing programs, cracking tools, or network probing tools) in connection with the Service;
- use the Service for any commercial purposes, including sending “spam” or any malicious or disruptive communications;
- decompile, reverse engineer, disassemble, or otherwise reduce the code used on the site, other software, or digital rights management feature on the Service into a readable form in order to examine the construction of such software or to copy or create other products based (in whole or in part) on such software or any feature of the Service or piece of Content available on the Service; or
- intercept, record, or modify network communications transmitted between the site, software, or digital rights management features and Tiki Tāne Pictures’ networks or systems.
- Unsolicited Submissions and Feedback
Please be aware that Tiki Tāne Pictures does not accept unsolicited submissions of concepts, creative ideas, suggestions, stories, scripts, or other potential creative content (“Unsolicited Submissions”). This is to avoid the possibility of future misunderstanding when projects developed by Tiki Tāne Pictures staff or representatives might seem to others to be similar to their submitted concepts, creative ideas, suggestions, stories, scripts, or other potential creative content. Therefore, please do not send Tiki Tāne Pictures any Unsolicited Submissions. In the event you do send us an Unsolicited Submission, you understand and agree that your Unsolicited Submission does not create any fiduciary relationship between you and Tiki Tāne Pictures and that we are under no obligation to refrain from using the Unsolicited Submission (in whole or in part), to keep it confidential, or to compensate you for our use of it.
You agree to indemnify and hold harmless Tiki Tāne Pictures and its directors, officers, shareholders, parents, subsidiaries, affiliates, partners, agents, and licensors (collectively, the “Indemnified Parties”) from and against all losses, expenses, damages and costs, including reasonable attorney fees and costs, resulting from: (i) your breach of any of the representations, warranties, and agreements made hereunder; (ii) your use of the Service; (iii) your placement or transmission of any User Content onto the Service; (iv) any use of your Account in violation of this Agreement or your failure to fulfill any obligations incurred through the use of your Account by you or a third party; or (v) your willful misconduct.
We strive to make the content on this website usable by all visitors, including those with disabilities. If you are having difficulty using this website, with or without assistive technology, please contact us at firstname.lastname@example.org. To enable us to respond in a manner most helpful to you, please indicate the nature of your difficulty using the website, the specific web address (URL link) at issue, and your full contact information, including email address and phone number. Thank you for helping us make your online experience more enjoyable.
- Contact Us
You may contact us at email@example.com for specific requests, or with general inquiries. Please do not send us any Unsolicited Submissions. IF YOU DO NOT AGREE TO BE LEGALLY BOUND BY ALL OF THE FOREGOING TERMS, PLEASE DO NOT ACCESS OR USE THE SERVICE.