Last Updated: October 22, 2018
Age and Eligibility
In order to participate in certain Services and secure any additional applicable benefits, the Platform requires you, either through the Site or through a Mobile App (as defined below in “Mobile Applications”), to create an account with NeonMob (the “Account”). A user who creates an account with NeonMob may be referred to herein as a “User.” You agree to only create one (1) Account. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to notify us promptly at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Services.
Social Media and Networking Sites
NeonMob makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and NeonMob is not responsible for any SNS Content.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via e-mail to email@example.com, NeonMob will deactivate the connection between your NeonMob Account and your Third Party Account and delete any information stored on NeonMob’s servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.
Credits, Billing and Payment
In order to pay for certain Services, you may purchase NeonMob credits (each a “Credit” or the “Credits”). The Credits can only be used to pay for identified Services, including without limitation, Art available via the Services and fees or expenses incurred on the Site or Mobile App and associated with the Services. You may purchase Credits up to a maximum amount determined by NeonMob, by credit card, PayPal account, promotional code, or any other payment method accepted by NeonMob, including via third party payment processing websites, and you may view your balance of available Credits associated with your Account. Credits added to your Account do not expire and are non-refundable and non-transferable, except as provided by applicable law and herein. Credits do not constitute a personal property right, have no value outside of the Services and can only be used to purchase products and services via the Services.
Within any twenty-four (24) hour period, the total amount of Credits stored in your Account plus the total amount of Credits spent out of your Account, in the aggregate, may not exceed $1,000.00 US or its equivalent in your applicable local currency. Attempted deposits of Credits into your Account that exceed this threshold may not be credited to your Account until your activity falls below this threshold. We may change or impose different Account balance and usage limits from time to time. NeonMob may set discounts on Art from time to time, and as such, the number of Credits you will need to pay for Art may change.
IF YOU ARE A EUROPEAN UNION SUBSCRIBER YOU HAVE THE RIGHT TO WITHDRAW FROM A PURCHASE TRANSACTION FOR DIGITAL CONTENT WITHOUT CHARGE AND WITHOUT GIVING ANY REASON UNTIL DELIVERY OF SUCH CONTENT HAS STARTED OR PERFORMANCE OF THE SERVICE HAS COMMENCED. YOU DO NOT HAVE A RIGHT TO WITHDRAW FROM A TRANSACTION OR OBTAIN A REFUND ONCE DELIVERY OF THE CONTENT HAS STARTED OR THE PERFORMANCE OF THE SERVICE HAS COMMENCED, AT WHICH POINT YOUR TRANSACTION IS FINAL. YOU AGREE THAT DELIVERY OF DIGITAL CONTENT, INCLUDING WITHOUT LIMITATION THE ART, AND/OR PERFORMANCE OF THE ASSOCIATED SERVICE, COMMENCES AT THE MOMENT THE DIGITAL CONTENT IS ADDED TO YOUR ACCOUNT OR INVENTORY OR OTHERWISE MADE ACCESSIBLE TO YOU FOR VIEWING OR USE.
Credits have no expiration date, but in certain states, after a period of time, we may be required to remit the cash associated with unused Credits to certain states pursuant to their abandoned property laws. Once we have remitted such cash to a state, if someone tries to redeem the Credits, they may no longer be redeemed and we may direct them to that state’s government instead. The Credits are not redeemable by NeonMob for cash except as required by applicable law.
If you wish to redeem your Credits and you can do so under applicable law, simply send a request for payment of unused Credits to NeonMob with a self-addressed envelope to: Attention: NeonMob Credit Claims.
We’ll verify your address, confirm that your Credit balance qualifies you for redemption, and send you a check for the exact amount in the envelope provided. If we determine that the Credits are not required to be redeemed under applicable law, or we can’t verify your residency, we will have no obligation to send you a check for your redemption. NeonMob will be unable to redeem or return the funds representing your Credits without a self- addressed envelope and is not responsible for mail that doesn’t arrive at the address provided and cannot guarantee delivery in any way after submittal to the US Postal Service.
Use of Services
The trademarks, logos and service marks (the “Marks”) displayed on the Services are owned by NeonMob or third parties. Except as expressly provided herein, you are prohibited from using such Marks.
With respect to any Art that you acquire from NeonMob or other Users via the Services, you may access, display, trade, and otherwise use such Art on the NeonMob Platform for non- commercial purposes only. You expressly agree not to, directly or indirectly, authorize, permit or take any of the following actions: (a) copy, reproduce, modify, or create derivative works of any Art; (b) use, access, display or exploit any Art without all copyright and other proprietary notices contained in the Art; or © use or sell Art outside of the NeonMob Platform.
From time to time, NeonMob may impose certain restrictions or additional terms on using or purchasing certain Services. NeonMob may also from time to time apply discounts on the price paid for Art, and as such, the Credits needed to purchase Art may change.
Public Forums and Communication
“Public Forum” means an area, site or feature offered as part of the Services that offers the opportunity for users to submit content, including comments (the “User Submissions”) for viewing by one or more Users, including without limitation a message board, forum, social community environment, conversation page, or blog.
You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any User Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures voluntarily and at your own risk. You should use good judgment when posting information, remarks or other content regarding other Users, service providers, NeonMob or any other third party. You may be held legally responsible for damages suffered by other Users, NeonMob or third parties as a result of legally actionable or defamatory comments, remarks or other information or content which you post to the Services. NeonMob is not legally responsible for any User Submissions, even if a User Submission is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the User Submissions you distribute on or through the Services in any Public Forum and for the consequences of submitting and posting same. We have no duty to monitor any Public Forum. You will be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from a User Submission. By submitting User Submissions to the Services, you automatically grant, or warrant that the owner of such material has expressly granted, NeonMob the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright or other rights that may exist in such material. You also permit any other User to access, view, store or reproduce the material for that User’s personal use. You hereby grant NeonMob the right to edit, copy, publish and distribute any User Submissions you make available on the Services.
You acknowledge that your use or reliance upon any User Submission posted in any Public Forum is at your own risk. For example, we are not responsible for, and we do not endorse, the opinions, advice, or recommendations posted or sent by Users in any Public Forum and we specifically disclaim any and all liability in connection therewith. We do not confirm nor verify the qualifications, background, or abilities of Users or the information they post in any Public Forum. Therefore, we recommend that you be careful and exercise common sense and good judgment when using the Services or Public Forum.
Rules of Conduct
You agree that you will not submit any Art or User Submission on the Services that:
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person;
• is bigoted, hateful, or racially or otherwise offensive;
• is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or otherwise harms or can reasonably be expected to harm any person or entity;
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a User Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
• infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or © any confidentiality obligation;
• is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site, the Mobile Apps or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site or Mobile Apps;
• does not generally pertain to the designated topic or theme of the relevant Public Forum; (b) violates any specific restrictions applicable to a Public Forum, including its age restrictions and procedures; or © is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
• is false or misleading.
Links to Third Party Sites, Products, and Services
The Services may contain links to third party websites, applications, products, and services that are offered and/or maintained by others (collectively, “Third Party Services”). Any such links are provided solely as a convenience to you and not as an endorsement by NeonMob of the Third Party Services. NeonMob is not responsible for such Third Party Services and does not make any representations or warranties regarding such Third Party Services or the privacy practices of such third parties. If you decide to access such Third Party Services, you do so at your own risk.
Copyright Policy; Digital Millennium Copyright Act
NeonMob respects the intellectual property rights of others. It is NeonMob’s policy, at its discretion and when appropriate, to terminate the accounts of Users who may infringe or repeatedly infringe the copyrights of third parties.
To submit a copyright infringement notification to NeonMob, please submit a notification pursuant to the Digital Millennium Copyright Act (the “DMCA”) by providing the below-specified Copyright Agent with the following information in writing:
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
• Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. § 512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be reached as follows:
By Mail to our Designated DMCA Agent:
Anjali Sareen Nowakowski
7557 W Sand Lake Rd #1025
Orlando, FL 32819
The United States and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export the Services (including without limitation, the Art or any other Content) to countries or persons prohibited under export control laws. By downloading the Services (including without limitation, the Art or any other Content), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department’s Table of Denial Orders or the U.S. Treasury Department’s list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.
Warranties; Disclaimers; Limitation on Liability
THE NEONMOB SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEONMOB EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEONMOB MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEONMOB MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEONMOB OR THROUGH THE SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT NEONMOB DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES NEONMOB MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. NEONMOB MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER NEONMOB NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF the SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT NEONMOB HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Except to the extent provided below in this paragraph, all legal issues arising from or related to the use of the Site will be construed in accordance with and determined by the laws of the State of California applicable to contracts entered into and performed within the State of California without respect to its conflict of laws principles. By using the Services, you agree that the exclusive forum for any claims or causes of action arising out of your use of the Services is any federal or State court sitting in Los Angeles County, CA, U.S.A. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
In the event of a complaint, or to request further information, we may be contacted in writing at NeonMob, Inc., PO Box 5625, Santa Barbara, CA 93150, USA, or by email at firstname.lastname@example.org.
© 2018 NeonMob, Inc.
Last updated: October 22, 2018
Subject to the terms and conditions of this Agreement, you retain all ownership rights, including without limitation copyright and moral rights, to your Art that you upload or post on or through the Services.
Subject to the terms and conditions of this Agreement, you hereby grant to NeonMob a worldwide, perpetual, irrevocable, sub-licensable right and license to use, reproduce, distribute, display, publish, exhibit, sell, transmit, and otherwise exploit the Art that you upload or post on or through the Services in all forms of media and forms of exploitation, digital or otherwise, now known or hereafter created in any manner and in connection with Services, and to use the Art in promotional and advertising materials.
Ownership; Representation and Warranties.
You represent and warrant that you own: (i) all right, title, and interest in and to the Art and any derivative works of the Art (the “Derivative Works”), and (ii) all rights of paternity, integrity, disclosure, and withdrawal and any other rights that may be known as or referred to as “moral rights” with respect to the Art and the Derivative Works (“Moral Rights”) (collectively, the “Artist’s Rights”).
You further represent and warrant that: (a) no third party has or shall have any right of approval over the use of the Art or the Derivative Works, (b) no third party is or shall be due any amounts from the use of the Art as contemplated herein and as provided for by the Services, © you are not under any pre-existing obligation in conflict or in any way inconsistent with the provisions of this Agreement, (d) your performance of all of your obligations under this Agreement will not breach any other agreement to which you are bound, (e) you have the right to disclose and use all ideas, processes, techniques and other information, if any, that you have gained from third parties, and that you discloses to NeonMob or uses in the course of performance of this Agreement, without liability to such third parties, (f) you have not granted and will not grant any rights or licenses to any intellectual property that would conflict with your obligations under this Agreement, and (g) your Art does not and will not infringe upon any intellectual property right, including without limitation copyright, patent, trade secret or other property right, of any third party. Notwithstanding the foregoing, you agree that you shall not bundle with or incorporate into any Art or materials provided to NeonMob any third-party products, ideas, processes, or other techniques, without the express, written prior approval of such third party and NeonMob.
Sale of your Art.
When you make each individual work of Art available for sale by using the features and functionality of the Services, you may propose the number of images of such individual work of Art that will be available to Users. With the exception of those Creators who have signed a separate, unique agreement with us, all Art you post on NeonMob is non-exclusive to us and may be utilized anywhere as the Creator sees fit. NeonMob reserves the right to adjust the number of images that will be made available to Users, in its sole discretion. You will be entitled to receive a certain percentage (the “Creator Art Fee”) of the fee charged to Users to purchase your Art (the “Art Retail Fee”). Such Creator Art Fee and Art Retail Fee shall be determined in NeonMob’s sole discretion as described in the Services. NeonMob will receive the remaining amount of the Art Retail Price after your Creator Art Fee is subtracted (the “NeonMob Art Fee”). For more information on the pricing of your Art, please go to http://help.neonmob.com/faq/how-are-the-prices-determined-for-neonmob-series-posters.
Users may purchase your Art with the NeonMob credits (each, a “Credit”). Each Credit is worth USD$0.07, or such other amount as specified by NeonMob (the “Credit Conversion Rate”). For purposes of marketing, offering and selling your Art via the Service, NeonMob will convert, using the Credit Conversion Rate plus any relevant tax (such as sales tax, GST, VAT, etc.), and any additional amounts that NeonMob may charge (“Additional Fees”) into Credits. For purposes of distributing your Creator Art Fee to you, NeonMob will convert, using the Credit Conversion Rate, the number of Credits paid by Users for your Art into US Dollars, and distribute such amounts to you in accordance with this Agreement.
We may change the Art Retail Fee at any time without specific notice to you, which may affect the Creator Art Fee and the NeonMob Art Fee. Additionally, we may set discounts or implement other promotions on the Art from time to time in our sole discretion without specific notice to you. Such, changes, discounts or other promotions may affect the Art Retail Fee as well as the Creator Art Fee and NeonMob Art Fee. However, the price charged to a User will not change on an individual sale of Art after a User has submitted an order for such Art.
From time-to-time and at any time, NeonMob may allow Users to purchase your Art using NeonMob Credits that were provided to such User free of charge by NeonMob (the “Promotional Credits”). Under such circumstance, you agree and acknowledge that you shall not be entitled to receive a Creator Art Fee for the portion of such sale that was purchased Promotional Credits. Each Promotional Credit used to purchase your Art will not be paid or owed to you.
You agree that NeonMob makes no representation that it will be able to procure an order for your Art, whether at the Art Retail Price or at all, nor that you are guaranteed any benefit by entering into this Agreement.
Payment Terms for your Art.
You authorize NeonMob to: (i) collect, hold and distribute the Creator Fees and any applicable Additional Fees (“Sale Proceeds”), from Users on the terms set out in this paragraph, and (ii) deduct the NeonMob Fees and Additional Fees from the Sales Proceeds for your Art before distributing your Creator Fees (and tax where relevant) to you.
In order to receive payment, Creators must self-initiate the distribution of Creator Fees through Paypal. Self-pay can be initiated once per 30 days, but not more frequently. Creators must have earned, at a minimum, $5.00 USD to initiate self-pay.
Creators can also choose to convert their earnings to NeonMob Credits. Creators must have earned, at a minimum. $.50 USD to convert earnings to NeonMob Credits.
Responsibility for Taxes.
Each party is responsible for their own taxes associated with each transaction and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Agreement. We recommend that you consult with your tax advisor as to the application of taxes for you, as the seller of Art. This may include sales tax, VAT, GST and other transactional taxes.
For the avoidance of doubt, all tax-related reporting responsibilities by you to relevant tax authorities are entirely your responsibility.
No employment or agency…
Nothing herein shall be construed to signify employment or agency between you and NeonMob. The Site and Services solely permit you to upload and sell Art through NeonMob.
You acknowledge and agree that you have no authority to enter into contracts that bind NeonMob or create obligations on the part of NeonMob without the prior written authorization of NeonMob. You acknowledge and agrees that you shall not be eligible for any NeonMob employee benefits and, to the extent you otherwise would be eligible for any NeonMob employee benefits but for the express terms of this Agreement, you hereby expressly decline to participate in such NeonMob employee benefits. You shall have full responsibility for applicable withholding taxes for all funds paid to you under these Creator terms, and for compliance with all applicable labor and employment requirements with respect to your self-employment, sole proprietorship or other form of business organization. You agree to indemnify, defend and hold NeonMob harmless from any liability for, or assessment of, any claims or penalties with respect to such withholding taxes, labor or employment requirements, including any liability for, or assessment of, withholding taxes imposed on NeonMob by the relevant taxing authorities with respect to any compensation paid to you hereunder.
You agree, at all times during the term of this Agreement and thereafter, to hold in strictest confidence, and not to use, except for the benefit of NeonMob to the extent necessary to perform its obligations hereunder, and not to disclose to any third party, without written authorization from NeonMob in each instance, any Confidential Information (as defined below) that you obtain, access or create during the term of this Agreement until such Confidential Information becomes publicly and widely known and made generally available through no wrongful act by you. You further agree not to make copies of such Confidential Information except as authorized by NeonMob. “Confidential Information” means information and physical material not generally known or available outside of NeonMob and information and materials entrusted to NeonMob in confidence by third parties with an expectation of privacy, including without limitation Users. Confidential Information includes all information disclosed to you by NeonMob either directly or indirectly, in any form.