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Terms of Use

Welcome to sizzlepigTM, brought to you by Grit Design, IncTM.

Please read carefully before using this website. It is important and unavoidably boring stuff, but we are a start-up, this is a service, and we can’t take risks on the legal side.

Please contact us if you have any questions. contact@grit-design.com

Grit Design, Inc. (“We” “Us” or “Our” “Grit Design”) has provided these terms of use and service (“Terms”) governing sizzlepig.com and its associated services (collectively referred to as “Services”). We maintain the Services. By accessing the website and using the Services you agree to be bound to these Terms.

If you are using the Services on behalf of a company or an organization, you are agreeing to these Terms for that company or organization and promise that you have authority to agree and bind that company/organization, and any user who accesses the Services via your account, to these Terms. In this case the terms “you” and “your” shall refer to such entities. If you do not have such authority, or you do not meet or comply with the provisions in the Terms, you may not use the Services.

Overview

YOUR USE OF THIS WEBSITE IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTING AND AGREEING TO THESE TERMS.

IF THESE TERMS OF USE ARE NOT COMPLETELY ACCEPTABLE TO YOU OR YOU CANNOT FULFILL THE OBLIGATIONS HEREIN, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THESE SERVICES.

Changes To Terms

Grit Design may, at any time, for any reason and without notice, make changes to (i) the Services, including changes to look, feel, format, and content, as well as (ii) the functions of the Services provided by this website. Any modifications will take effect when posted to the Services. Therefore, each time you access the Services, you need to review the Terms upon which access and use of this Services are conditioned. By your continuing use of the Services after changes are posted, you will be deemed to have accepted such changes.

Changes To Plans and Pricing

Grit Design may from time to time, for any reason, change the subscription fees and charges as well as features included within any subscription in the Services. You will be given advance notice of any changes before your subscription renewal date via email. For the detailed terms regarding the subscriptions, billing, and pricing visit the Payments and Billing Terms page.

Jurisdiction

The materials and code at and within the Services, as well as the organization, copy, and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Grit Design makes no representation that the information, opinions, advice or other content in the Services (collectively, "Content") is appropriate or that its Services are available outside of the United States. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws.

Your Projects

You must connect our Services to your Dropbox, Box and/or Google Drive account (all herein referred to as your "Storage Provider(s)") or use our Upload function to pull files from your hard drive. You own the images, and they are not stored anywhere within our Services. Grit Design stores only the Project information necessary to remember your project specifications and settings. The Services will be made aware of any changes and updates to your Storage Provider account(s) if you have accepted the connection, but we do not claim any ownership of your information nor do we guarantee the availability of services from said Storage Provider.

We need your permission to connect the Services to your Storage Provider account(s) and you must be logged into one of these services, and compliant with their terms, in order to use our Services.

In time, and as we add functionality to the Services, we may need your permission to do things you ask us to do with your projects. You will be required to give us the permission we need to do those things to provide the Services. This permission also extends to the third parties we work with to provide the Services, such as Dropbox and Stripe (for payment processing - see Payment Terms for more details.)

Accounts and Account Security - Registered Users only

Grit Design does not warrant that the functions contained in the Services will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components. As part of the registration process, each user will select a password (“Password”) and provide their email address as their User Name (“User Name”). You shall provide Grit Design with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account.
You may not:
(a) select or use a User Name of another person with the intent to impersonate that person;
(b) use a name subject to the rights of any other person without authorization;
(c) use a User Name that Website, in its sole discretion, deems inappropriate or offensive.
You shall notify Grit Design of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Grit Design’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
Contact us: If you would like to report a suspected misuse of your account. Please contact us at contact@grit-design.com

How we secure your information

SSL is used to help protect the information you share while using the Services.

The Services store your basic user information, plan and usage details, project names and specifications, and a preview image of each image that you input into the Services from your Storage Provider(s).

Your original and processed image files live in your Storage Provider(s). We access your Storage Provider(s) through their developer API. You can read about their security policy in their Terms of Service.

Your credit card and billing information is stored with Stripe. You can read about their security policy in their Terms of Service. The Services and Grit Design do not have access to your credit card details. Please see the Payment and Billing Terms for more information.

Account Termination

Grit Design hopes that use of the Services is beneficial to you and that the Terms of Use are acceptable. However you may stop using the services at any time. We reserve the right to suspend or end the Services at any time with or without cause and with or without notice. We reserve the right to terminate your use of the Service if you are not complying with the Terms or if you are using the Services in a way that may cause harm. We will attempt to let you know if we are suspending or cancelling your account, though there may be some instances (abuse, court order, or causing harm to others) where the account will be suspended immediately.

Your Privacy

The Service’s Privacy Policy outlines how we collect and use information provided and gathered in use of the Services. We do not share this information, aside from rare exceptions outlined in the Privacy Policy . You are responsible for your conduct, the content of image files accessed from your Storage Provider(s), and your communications with others while using the Services. This extends to any user you choose to allow to use your account.

We may choose to review and participate in any public chats and forums available in the Services, but we have no obligation to monitor any information or user-generated Content on the Services. We are not responsible for accuracy, appropriateness, legality of files and content, user posts, or any other information you may be able to access using the Services.

Scope of Use

You are only authorized to view, use, copy for your records and download small portions of the Content (including without limitation text, graphics, images, software, and photos) of the Services for your informational, non-commercial use, provided that you leave all the copyright notices, including copyright management information, or other proprietary notices intact. You may not store, modify, reproduce, transmit, reverse engineer or distribute a significant portion of the Content or code of the Services, or the design or layout of the Services or individual sections of it, in any form or media. The systematic retrieval of data from the Services is also prohibited. You must give credit to the artist and the website of any images posted on the site.

Grit Design shall not be subject to any obligations of confidentiality regarding any information or materials that you submit online except as specified in these Terms of Use, or as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed or required by law.

The commercial use, reproduction, transmission or distribution of any information, software or other material available through the Website without the prior written consent of Grit Design or from the proper owner of the artwork / photography / image as noted on this website is strictly prohibited.

By accessing or using the Services you agree to the Scope of Use as well as agree to follow the Acceptable Use Terms laid out in the Terms.

User E-Mail

E-mail submissions over the Internet may not be secure and are subject to the risk of interception by third parties. Please consider this fact before e-mailing any information. Also, please consult our Privacy Policy. You agree not to submit or transmit any e-mails or materials through the Website that: (i) are defamatory, threatening, obscene or harassing, (ii) contain a virus, worm, Trojan horse or any other harmful component, (iii) incorporate copyrighted or other proprietary material of any third party without that party's permission or (iv) otherwise violate any applicable laws.

Copyrights and Trademarks

The Content, as well as the organization and layout, of the Services are copyrighted and are protected by United States and international copyright laws and treaty provisions. You may access, download and print materials on the Services solely for your personal and non-commercial use; however, any print out of the Services, or portions of the Services, must include Grit Design’s copyright notice. No right, title or interest in any of the materials contained on the Services is transferred to you as a result of accessing, downloading or printing such materials. You may not copy, modify, distribute, transmit, display, reproduce, publish, license any part of the Services; create derivative works from, link to or frame in another website, use on any other website, transfer or sell any information obtained from the Services without the prior written permission of Grit Design.
You may not copy, modify, distribute, transmit, display, reproduce, publish, license any images or artwork or photography submitted by a 3rd party source without express written permission from that source owner.
Except as expressly provided under the "Scope of Use" Section above, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate the Services without the prior written permission of Grit Design. You may not use a part of the Services on any other website, without Grit Design’s prior written consent.
Grit Design respects the intellectual property rights of others and expects our Users/ users to do the same. The policy of Grit Design is to terminate the accounts of copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at contact@grit-design.com.

Links

For your convenience, we may provide links to various other Websites that may be of interest to you and for your convenience only. However, Grit Design does not control or endorse such websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms of use policy of any other company or website you may link to from our website. This Terms of Use policy applies only to Grit Design’s website and the products and services Grit Design offers and not to any sites that sizzlepig.com or any Grit Design websites link to or from. If you decide to access any of the third party sites linked to this Website, you do so at your own risk. Grit Design reserves the right to terminate any link or linking program at any time. Grit Design disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

No Unlawful Or Prohibited Use

As a condition of your use of the Services, you warrant to Grit Design that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use and enjoyment of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

Spamming

Gathering email addresses from Grit Design through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with Grit Design should be directed to contact@grit-design.com.

No Warranties

THE SERVICES, AND ANY CONTENT, ARE PROVIDED TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEMS INTEGRATION, ACCURACY, AND NON-INFRINGEMENT, ALL OF WHICH GRIT DESIGN EXPRESSLY DISCLAIMS. GRIT DESIGN DOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT, AND GRIT DESIGN WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICES OR ANY CONTENT. WE HAVE NO DUTY TO UPDATE THE CONTENT OF THE WEBSITE OR SERVICES. GRIT DESIGN MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING AND USING THE SERVICES, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY GRIT DESIGN. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Governing Law, Location and Miscellaneous

These Terms of Use shall be governed in all respects by the laws of the State of Michigan, USA, without reference to its choice of law rules. If an applicable law is in conflict with any part of the Terms of Use, the Terms of Use will be deemed modified to conform to the law. The other provisions will not be affected by any such modification.

Separate Agreements

You may have other agreements with Grit Design. Those agreements are separate and in addition to these Terms of Use. These Terms of Use do not modify, revise or amend the terms of any other agreements you may have with Grit Design.

You will have a separate agreement with your Storage Provider(s) or another third party. Those agreements are separate and in addition to these Terms of Use. These Terms do not modify, revise or amend the terms of any other agreements you may have with any third party.

User Submissions And Communications; Public Areas

You acknowledge that you own, solely responsible or otherwise control all of the rights to the content / images that you post; that the content is accurate; that use of the content you supply does not violate these Terms of Use and will not cause injury to any person or entity; and that you will indemnify Grit Design or its affiliates for all claims resulting from content you supply. You acknowledge that any content that is illegal or deemed as offensive will not be permitted within the Services.
If you make any submission to an area of the Services accessed or accessible by the public (“Public Area”) or if you submit any business information, idea, concept or invention to Grit Design by email, you automatically represent and warrant that the owner of such content or intellectual property has expressly granted Grit Design a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. Grit Design may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, you must not submit them to the Public Areas or to Grit Design by email. We try to answer every email in a timely manner, but are not always able to do so.
Some of the forums (individual bulletin boards and posts on the social network, for instance) linking from this Website are not moderated or reviewed. Accordingly, Users will be held directly and solely responsible for the content of messages that are posted. While not moderating the forums, the Site reviewer will periodically perform an administrative review for the purpose of deleting messages that are old, have received few responses, are off topic or irrelevant, serve as advertisements or seem otherwise inappropriate. Grit Design has full discretion to delete messages.
Grit Design reserves the right (but is not obligated) to do any or all of the following:

Arbitration

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any Grit Design confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms of Use or this Website shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim 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 held in Michigan, USA.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator's decision and any award contained therein.

Limitation of Liability

YOUR USE OF THE CONTENT IS AT YOUR OWN RISK. GRIT DESIGN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE CONTENT (EVEN IF GRIT DESIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT. THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY GRIT DESIGN. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.

Indemnity

You agree to defend, indemnify, and hold Grit Design, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use.