We at APEALZ appreciate your interest in our products and services. We also enjoying working with creators. We hope that by selling the types of products we do, doing promotions, and highlighting creators that we have created a community. In order to better serve that community, which includes people who order our products, designers and creators, and users of our Site in general we have come up with several policies that serve as guidelines for the use of the Site.
Please review the provisions of the following Acceptable Use & IP Policies. The policies explain actions that we consider not an acceptable use of our Site and its Services and also explains our policies and procedures to protect and respect people’s intellectual property on our Site. Understand that the Acceptable Use & IP Policies are part of the Terms of Use (“Terms”). Therefore, when visiting our Site, purchasing Products, or using our Services you are expected to follow our policies and guidelines by agreeing and accepting the Terms of the Site.
These policies are in effect as of the date set forth above. We reserve the right to update these policies from time-to-time.
You (“You, the User”) are solely responsible for your conduct and activities regarding APEALZ (“APEALZ”), its website www.apealz.com and all its pages (“Site”), and any and all data, text, information, reviews, posts, usernames, graphics, images, photographs, profiles, audio, video, and links (together, “Content”) that you submit, post, or display on the Site.
By using our Website, Services, or submitting Content to APEALZ, you acknowledge and understand that you are bound by the Terms of the Site and that one of the key provisions is to follow the policies found on this page.
Therefore, we ask that you not to do any harmful, offensive, or damaging actions to us, other users, or third parties and that by using our Site you shall not do any of the following:
1.1 Upload, download, post, email or otherwise transmit any Content in a fraudulent manner/for the purposes of committing a fraud, list for sale, or sell any fraudulent, illegal, counterfeit, or stolen Content.
1.2 Upload, download, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, trade libelous, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property.
1.3 Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
1.4 Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
1.5 As a guideline, you may contribute only original work that you have created yourself from original elements or from the elements available in the ArtBoard function. This means you can’t use images of celebrities or corporate products, nor images, text, or designs that you’ve copied from a website without written permission from the owner. You cannot create a “new” image using elements from images other people have created. You cannot contribute a quote or a slogan that is substantially the same as something already written by someone else. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
1.6 Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, illegal activity, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
1.7 Use the service or the Site to harm minors in any way, including, but not limited to, uploading Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct, or upload Content that may be seen as condoning or encouraging unsafe practices that would result in the physical, mental or moral harm of children.
1.8 Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
1.9 Upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
1.10 Upload, download, post, email or otherwise transmit false, inaccurate, or misleading information.
1.11 Disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, third party sites, vendor’s or customer’s sites, or networks connected to or accessible through the Site or affiliated or linked websites.
1.12 Access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
1.13 Disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites.
1.14 Frame the Site within another Site or webpage or link to the Site except as permitted in writing by APEALZ or Host images not part of a listing.
1.15 Incorporate images or names that would violate a person’s right of privacy or publicity; or incorporate a current or former leader, politician, religious figure, convicted criminal or notorious person, or other famous person’s name or likeness without their express written consent.
1.16 Use a manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the service or Site.
1.17 Copy, modify or distribute rights or Content from the Site, service or tools or APEALZ’s copyrights and trademarks.
1.18 Harvest or otherwise collect information about users, including email addresses, without their consent.
1.19 Violate this AUC Agreement, APEALZ Terms of Use Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
1.20 Interfere with a vendor’s business or listings.
1.21 Take any action that may undermine online reviews or feedback.
1.22 Appear to create liability for APEALZ or cause APEALZ to lose (in whole or in part) the services of APEALZ ISPs or other suppliers.
1.23 Listing any Content on APEALZ (or consummate any transaction that was initiated using APEALZ) that, by paying to APEALZ the Transaction Fee, could cause APEALZ to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
a. APEALZ and its designees shall have the right (but not the obligation) in their sole discretion to approve any Content that is available via the Site. APEALZ also shall have the right to remove Content at their sole discretion. APEALZ does not endorse any Content submitted to the Site by any user or other licensor, or any opinion, claim, recommendation, or advice expressed therein, and APEALZ expressly disclaims any and all liability in connection with any Content. Without limiting the foregoing, APEALZ and its designees shall have the right to remove, without prior notice, any Content that violates the Agreement or is otherwise objectionable to APEALZ. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
b. You acknowledge and agree that you alone are responsible for the creation and compilation of your Content.
c. You acknowledge and agree that APEALZ may preserve or store your Content at their sole discretion and may also disclose Content if required to do so by law or in the good faith belief that such preservation, storage or disclosure is reasonably necessary and as set forth in our Privacy Policy. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
d. You agree that you are responsible for actions and communications undertaken under your account. APEALZ takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against APEALZ and its affiliates, contractors, agents and employees for losses, damages and injuries which are based on or relate to communications, Content or materials on the Site. You agree to indemnify APEALZ and its affiliates from all claims and expenses, including reasonable attorney’s fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.
e. You agree that you will use this Site and Content shared or used on this Site in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
2.1. Content Licensing
Unless stated otherwise in a certain term or condition, Users in general own and maintain the intellectual property rights in the Content they upload to our Site. Users license any content they upload to APEALZ.
Most of the licenses you grant us, such as the ones granted under the APEALZ Creator program, gives APEALZ a non-exclusive, worldwide, royalty-free, irrevocable, perpetual license to sell products with your Content on it. Users maintains the intellectual property rights of the Content and the right to sell the design to others. APEALZ has the sole discretion to relinquish the license and return the non-exclusive license rights to the User.
Certain programs, features, contests, sweepstakes, or Promotions due grant us further license, such as the Design Shop Feature, which grants us a license in the products you create and this due to the consideration of the commission payment you may earn via the Design Shop Feature.
Therefore, we strongly urge you to review the specific terms and conditions, and rules that may apply to particular transaction that you may conduct on our Site. If you have questions about a particular license for your Content, then contact us.
2.2. The Services and the Site Content
This section describes what content on the site belongs to us and is protected as our intellectual property, what belongs to you, and the rights you grant us to use your intellectual property.
Except for Content uploaded by Users all other aspects of the Site you find on our Services is owned or controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.
You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.
2.3 Reporting Claims of Copyright Infringement
We respect the intellectual property rights of others and expect the same from all of our Users. No User may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.
Please follow our Notice and Takedown Process outlined below.
We work diligently to remove copyright or trademark infringements. You can find our contact information down below along with how to report and contact us of copyright or trademark infringements.
3.1 Reporting Claims of Copyright Infringement
Executive Board Sports, LLC, a Hawaii limited liability company dba APEALZ (“EBS” or “APEALZ”) takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from https://www.apealz.com, or any of its related pages (the "Sites") infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
a. Your physical or electronic signature.
b. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works.
c. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
d. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
e. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
f. A statement that the information in the written notice is accurate.
g. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Keep in mind — under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly misrepresents that content or activity is infringing may be subject to liability for damages, including attorney's fees.
Make sure you include all of the required pieces of information. This will help us more quickly address your request. It also may be helpful to include additional information to allow us to verify the status of the work you claim has been infringed. Examples are the registration number or paperwork for the trademark or copyright for us to review and reach a determination sooner.
Our designated copyright agent to receive DMCA Notices is:
Executive Board Sports, LLC / APEALZ
Legal Department – Brand Services
ATTN: Designated Agent
P.O. Box 1415
Koloa, HI 96756
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
3.2 Counter-Notification Procedures
If you believe that material you posted on the Sites was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
a. Your physical or electronic signature.
b. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
c. Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
d. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
e. A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Sites may be found) and that you will accept service from the person (or an agent of that person) who provided the Sites with the complaint at issue.
Completed Counter-Notices should be sent to:
Executive Board Sports, LLC / APEALZ
Legal Department – Brand Services
ATTN: Designated Agent
P.O. Box 1415
Koloa, HI 96756
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten (10) business days of receiving the copy of your Counter-Notice.
3.3 After You Submit Your Counter-Notice
If your notice includes all of the above information, we’ll forward it to the folks who sent the original notice. Then they’ll have ten (10) days to let us know if they’ve initiated further action to legally protect their work. If so, we have to respect that and your material will remain blocked from the site. If we don’t receive anything from them, then we shall put your material or resource back up after the 10-day period.
If you've received a trademark-only takedown notice (i.e. there is no claim of copyright infringement), that you believe to be in error or believe and that you are authorized or have rights in the trademark in question, then you can reach out to the party that submitted the trademark-only notice to request a retraction of their takedown notice.
If you believe that any Content, materials, or content hosted by, posted on, or accessible through our Site or Services uses your name, voice, signature, image or likeness, or that of your minor child, without your permission and in violation of a legally recognized right of publicity, we encourage you first to contact the user directly about your concerns. If that does not resolve your concerns, you may file a notice with us using the Notice and Takedown process outlined here.
We reserve the right to immediately suspend or terminate the accounts of repeat infringers. The manner in which we apply that policy may depend on relevant aggravating or mitigating circumstances, if any, but generally we will terminate an account if it is the subject to any valid infringement notices. Therefore, we ask you to respect the rights of others.
These policies are in effect as of the date set above. We reserve the right to update these policies from time-to-time.
Effective Date December 1, 2022
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