Website Terms of Service

Welcome to Iconic-copyright.com. We’re glad you’re here. Our website is one of the main ways that We interact with Our Users and Visitors, and as such, there are legal ramifications to Your use of the website and Our services. These Terms of Service (hereinafter, the “Agreement”) state the terms and conditions that govern Your use of this website and Our other services.

1. LEGALLY BINDING CONTRACT

This Terms of Service Agreement (the “Agreement”) constitutes a legally binding contract by and between Iconic-copyright.com (hereinafter, “Iconic,” "We," “Us,” or “Our”) and You or Your company (in either case, "You" or "Your") concerning Your use of Iconic's website (the "Website") and the services available through the Website (the "Services"). Our official company name is Iconic Copyright, LLC. Whenever we use the terms “Iconic,” “We,” “Us,” or “Our,” please note that we are referring to Iconic Copyright, LLC.

By using the Website and Services, You represent and warrant that You have read and understood, and agree to be bound by, this Agreement and Iconic's Privacy Policy (the "Privacy Policy"), which is incorporated herein by reference and made part of this Agreement.

You agree to this Agreement by doing any one of the following:

  1. Using, accessing, or viewing this Website;
  2. Registering for and using an Account with Iconic;
  3. Submitting content, such as images or comments, to Us for publication.

Please read this Agreement carefully. If You do not agree to this Agreement, You may not access or otherwise use this Website or our Services.

IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

2. PRIVACY POLICY

By using the Website, You consent to the collection and use of certain information about You, as specified in the Privacy Policy. Iconic encourages users of the Website to frequently check Iconic's Privacy Policy for changes. You can view Our Privacy Policy here - http://www.iconic-copyright.com/privacy-policy

3. CHANGES TO AGREEMENT AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. We reserve the right, at Our sole discretion, to change, modify, add or remove any portion of the Agreement or Privacy Policy, in whole or in part, at any time. Notification of changes in the Agreement or Privacy Policy will be posted on this Website. Such changes shall only be effective after posting such notice.

IT IS YOUR RESPONSIBILITY TO REVIEW THIS AGREEMENT AND THE PRIVACY POLICY PERIODICALLY. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE AND CEASE USING THE SERVICES.

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Unless Iconic obtains Your express consent, any revised Privacy Policy will apply only to information collected by Iconic after such time as the revised Privacy Policy takes effect, and not to information collected under any earlier Privacy Policies.

4. ELIGIBILITY

BY USING THE WEBSITE OR SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ARE OTHERWISE LEGALLY QUALIFIED TO ENTER INTO AND FORM CONTRACTS UNDER APPLICABLE LAW.

Any individual using the Website or Services on behalf of a company further represents and warrants that they are authorized to act and enter into contracts on behalf of that company. This Agreement is void where prohibited.

5. GENERAL PROVISIONS APPLICABLE TO ALL USERS

You agree that there are no third-party beneficiaries to this Agreement.

This Agreement constitutes the entire agreement between Iconic and You concerning Your use of the Website and Services. This Agreement may only be modified by a written amendment signed by an authorized executive of Iconic or by the unilateral amendment of this Agreement by Iconic and by the posting of such amended version by Iconic. This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Iconic.

Any cause of action you may have with Iconic, including but not limited to claims for breach of contract or relating to claims related to certain representations, must be commenced within two (2) years after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.

We will not be deemed to have waived any of Our rights or remedies under this Agreement unless such waiver is in writing and signed by us. No delay or omission on Our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies. A waiver on any one occasion shall not be construed as a bar or waiver of any rights or remedies on future occasions.

The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions, or provisions of this Agreement.

6. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. You agree that any notice received from Iconic electronically satisfies any legal requirement that such notice be in writing.

You shall give any notice to Iconic by means of mail, postage prepaid, to:

Mr. Richard Pierucci
Iconic Copyright, LLC
3400 Oak Grove Avenue, Suite 214
Dallas, Texas 75204

7. USING OUR WEBSITE

To use, view, or access this Website, You must be at least eighteen (18) years old.

When You access, view, or use this Website, you agree to the terms of this Agreement.

You represent and warrant that Your use of the Website and Services will be in accordance with this Agreement and any other Iconic policies, and with any applicable laws or regulations. You knowingly and freely assume all risk when using the Website and Services.

With the exception of Google, Yahoo!, Bing, AOL, and Ask, You agree that You will not use any spider, crawler, robot, or other computer program to copy or index this Website or any content contained therein in any way.

We may change, suspend, or discontinue any aspect of this Website at any time, including the availability of any website feature. We may also impose limits on certain features and services or restrict your access to parts or all of this Website without notice or liability.

Should You breach any portion of this Agreement, Iconic reserves the right to:

  1. Terminate Your access to this Website;
  2. Terminate Your Account with this Website;
  3. Pursue any legal actions or remedies against You; and/or
  4. Retain any payments made by You.

8. THIRD-PARTY CONTENT

This Website may contain links and pointers to other related World Wide Web Internet sites, resources, and our affiliates. These links and pointers to third party sites, maintained by third parties, do not constitute an endorsement by Us or any of Our subsidiaries or affiliates of any third-party resources, or their contents. Note that such third-party sites may have privacy policies different from Ours. Accordingly, You access and use such third-party content at Your own risk.

Opinions, advice, statements, or other information made available by means of the Website and Services by third-parties, are those of their respective authors, and should not necessarily be relied on. Such authors are solely responsible for such content. Iconic does not: (1) guarantee the accuracy, completeness, or usefulness of any third-party information on the Website; or (2) adopt, endorse, or accept responsibility for the accuracy of reliability of any opinion, advice, or statement made by a third-party by means of the Website and Services. Under no circumstances will Iconic be responsible for any loss or damage resulting from Your reliance on information or other content posted on the Website or transmitted to or by any third-party.

We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.

9. REGISTERING FOR AND USING AN ACCOUNT

You may be required to create an Account and complete a registration form in order to upload images or other content or to purchase licenses for images from Iconic.

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You represent and warrant that all user information You provide on the registration form or otherwise in connection with Your use of the Website will be current, complete, and accurate, and that You will update that information as necessary to maintain its completeness and accuracy by visiting Your profile.

When you register for or use an Account with Iconic, You agree to the terms of this Agreement.

You agree that all information You submit to Us is true and correct. You further agree that You will not register for or use an Account for any third person or entity.

To prevent unauthorized access or use of Your Account, You agree that you will keep Your password confidential and not share it with any third parties. The loss, theft, or unauthorized use of Your password or user ID could permit unauthorized persons to gain access to Your Account and Your sensitive personal and Account information and to use that information for fraudulent purposes, including identity theft. If You disclose your password, user ID, and other Account information to any person or entity, You assume all risks and losses associated with such disclosure. If You permit any other person or entity to use or access Your Account, You are responsible for any transactions and activities performed from Your Account and for any use of Your personal and Account information by such person or entity.

We may at Our option change the parameters for the password used to access Your Account without prior notice to You, and if we do so, You will be required to change your password the next time You log into Your Account.

10. SUBMITTING CONTENT TO OUR WEBSITE

We do not and cannot review all materials posted to this Website by users, and We are not responsible for any such materials posted by users.

By submitting content to Us, You represent, warrant, and covenant that: (a) You shall not upload, post, or transmit to or distribute or otherwise publish through this Website any materials which (i) restrict or inhibit any other user from using and enjoying this Website, (ii) are unlawful, threatening, abusive, libelous, excessively violent, harassing, obscene, lewd, lascivious, filthy, defamatory, or pornographic, (iii) constitute child pornography, (iv) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18, (v) incite, encourage, or threaten physical harm against another, (vi) promote or glorify racial intolerance, use hate and/or racist terms, or signify hate towards any person or group of people, (vii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law, (viii) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (ix) contain a virus or other harmful component, (x) contain any information, software, or other material of a commercial nature, (xi) contain advertising of any kind, (xii) constitute or contain false or misleading indications of origin or statements of fact, (xiii) violate any provision of this Agreement or any other Iconic agreement or policy; and (b) that you are at least eighteen (18) years old.

Iconic disclaims any perceived, implied, or actual duty to monitor the contents of the Website and specifically disclaims any responsibility or liability for information provided hereon. Without limiting any of its other remedies, Iconic reserves the right to terminate Your use of the Website and Services or Your uploading, posting, transmission, display, performance, or distribution of content that violates the above-mentioned covenants. Iconic, in its sole discretion, may delete any content from its servers. Iconic intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

11. YOUR RESPONSIBILITY FOR DEFAMATORY COMMENTS

You agree and understand that You may be held legally responsible for damages suffered by other Website members or third-parties as the result of Your remarks, information, feedback or other content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, Iconic is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback or other content posted or made available on the Website.

12. COPYRIGHT AND TRADEMARKS

This Website is protected by copyright, pursuant to U.S. copyright laws, international conventions, and other copyright laws. All materials contained on this Website are protected by copyright, and are owned or controlled by Iconic. You will abide by any and all additional copyright notices, information, or restrictions contained on this Website.

All logos, product, and service names on this Website are owned by Iconic (the “Iconic Trademarks”). You agree that You will not use the Iconic Trademarks without Our express permission.

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All content on this Website is owned by Iconic and is protected by all copyright laws of the United States and any international treaty provisions.

You agree that You will not download or copy any images or content from this Website without completing the applicable license agreement for such image or content and paying the applicable licensing fee to Iconic.

All images and content on this Website may be tracked for any unauthorized use.

You represent and warrant that, when using the Website and Services, You will obey the law and respect the intellectual property rights of others. Your use of the Website and Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third-party's copyrights, trademarks, or other intellectual property or proprietary rights.

You agree that You will not remove or alter any watermarks or copyright notices contained on any image or other content made available on this Website.

You shall be solely responsible for any violations of any laws and for any infringements of third-party rights caused by your use of the website and services. You bear the sole burden of proving that content, information, or other materials do not violate any laws or third-party rights. Iconic terminates Accounts of users determined to be repeat infringers.

13. NOTICE AND PROCEDURE FOR MAKING CLAIM OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT

As Iconic asks others to respect our intellectual property rights, Iconic respects the intellectual property rights of others. If You believe that Your copyrighted material has been improperly posted, uploaded, displayed, or published on this Website, We encourage You to notify Us by sending written notice of claimed infringement to:

Mr. Richard Pierucci
Iconic Copyright, LLC
3400 Oak Grove Avenue, Suite 214
Dallas, Texas 75204
Email: richardp@iconic-copyright.com
Telephone: (469) 625-2300

At a minimum, any written notice of claimed infringement must contain the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) 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.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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.

In compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512(i)) (“DMCA”), We will remove the offending material or disable all links to the offending material and terminate the Accounts of users and Account holders who are repeat infringers of third party copyrights, as required or appropriate per the DMCA.

14. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold Iconic, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by You of this Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorney’s fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without our written consent.

15. DISCLAIMERS AND LIMITATIONS OF LIABILITY

ICONIC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THIS WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THIS WEBSITE, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ICONIC AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THIS WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THIS WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD-PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THIS WEBSITE OR ANY LINKED SITE. FURTHER, ICONIC AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ICONIC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ICONIC AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THIS WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

UNDER NO CIRCUMSTANCES WILL ICONIC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THIS WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO ICONIC OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT ICONIC’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

16. GOVERNING LAW AND ARBITRATION

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. You agree that this Agreement is formed and executed in the State of Texas. You agree to subject yourself to the personal jurisdiction of the courts of Texas.

Any legal claim, including but not limited to counterclaims, cross claims, third party claims, or interpleaders, between you and Iconic, including claims arising out of or relating to this Agreement or the breach thereof as well as claims based on any representation by Iconic (such as false advertising and fraud), and excluding defamation and intellectual property right infringement claims by Iconic or its owners, officers, employees, and assigns, shall be settled solely by confidential binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction.

ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY. YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY; NOR WILL YOU BE ABLE TO PARTICIPAE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION IN ARBITRATION OR IN COURT BEFORE EITHER A JUDGE OR JURY.

All claims, excluding defamation and intellectual property right infringement claims by Iconic or its owners, officers, employees, and assigns, shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Collin County, Texas. Each party shall bear one half of the arbitration fees and costs incurred, and each party shall bear its own lawyer fees. You agree to not raise the defense or argument of forum non conveniens. LAST UPDATED: 01/14/2020