Last updated: October 23, 2022
These Terms of Service ("Terms") govern your access to and use of our Site and Services. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Site.
In addition to these Terms of Service, the Upload Rules, Community Rules, and Privacy Policy also govern your use of the Site.
Persons under the age of 18 are not allowed to create an account or otherwise use our Services. By using our Services, you represent that you are over the age required by the laws of your country to create an account.
We may suspend or terminate your account or your ability to access or use the Site at any time for any or no reason, including for a violation of these Terms, the Upload Rules, or the Community Rules.
When accessing or using the Site, you agree to follow these Terms of Service, the Upload Rules, and the Community Rules.
When accessing or using the Site, you will not:
All content submitted to the Site, including text, links, translations, images, videos, animations, songs, games, and any other materials (collectively referred to as "Content") is the sole responsibility of the person who submitted the Content. We take no responsibility for Content submitted to the Site by users.
Any Content you submit to the Site must abide by these Terms of Service, the Upload Rules, and the Community Rules. Although we have no obligation to monitor, review, or moderate any Content submitted to the Site, we may, in our sole discretion, delete or remove access to Content at any time and for any reason, including for a violation of these Terms, a violation of our Upload Rules, or if you otherwise create liability for us.
You understand that by using the Site, you may be exposed to Content that might be considered offensive, harmful, obscene, inaccurate, mislabeled, mistagged, unlawful in your jurisdiction, or otherwise inappropriate. The use of any Content posted on the Site or obtained by you through the Site is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted on the Site or endorse any opinions expressed via the Site.
By submitting, posting, or uploading any Content to the Site, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. You agree you are responsible for any Content you provide to the Site, including compliance with any applicable laws, rules, and regulations. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
By submitting Content to the Site, you grant Mercury Workshop a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, distribute, create derivative works from, allow downloads of, and display Your Content in all media formats and channels now known or later developed.
The Digital Millennium Copyright Act (DMCA) is a United States law that protects websites from copyright infringement claims for content posted by the site's users, provided the website complies with the notice and takedown procedures as laid out by the DMCA.
If you believe any Content on the Site infringes upon your copyright, you may report it using our DMCA reporting form, or by sending a valid DMCA notice to [email protected].
DMCA notices must be submitted by one of the methods above. A valid DMCA notice must include all of the following:
All of the above information is required by the DMCA process. If any required information is omitted or falsified, your DMCA notice may not be processed.
Certain uses of copyrighted material may not require the copyright owner's permission. In the United States, this concept is known as fair use. If you knowingly misrepresent that any activity or material on our Site is infringing, you may be liable for costs and damages.
Please be aware that factual information is not generally copyrightable and may not be removed from the Site. This includes tags, artist profiles, wiki pages, links to an artist's social media profiles or other websites, links to works on other websites, and any other factual information that is not protected by copyright.
You may submit your debit card, credit card, or other payment information ("Payment Information") to purchase a Gold or Platinum account upgrade or other products or services from the Site. We use third-party service providers to process your Payment Information, in accordance with our Privacy Policy. If you submit your Payment Information, you agree to pay all costs that you incur, and you give us permission to charge you when payment is due for an amount that includes these costs and any applicable taxes and fees.
We may change the fees and benefits associated with Gold and Platinum account upgrades from time to time with reasonable advance notice; provided, however, that no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with these account upgrades.
If you use our API, you agree to abide by the rate limits described in our API Documentation.
Our Privacy Policy describes how we handle any information we obtain about you when you use our Services. You understand that through your use of our Services you consent to the collection and use of your information as described in our Privacy Policy.
"Mercury Workshop", "we", or "us" refers to Mercury Workshop, its successors, and its assigns. "You" refers to any person who has consented to these terms or has become contractually bound to them, whether such person is identified or not at the time.
These Terms constitute the entire agreement between you and us regarding your access to and use of the Services. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of these Terms is, for any reason, held to be illegal, invalid or unenforceable, the rest of the Terms will remain in effect. You may not assign or transfer any of your rights or obligations under these Terms without our consent. We may freely assign these Terms.
We may update these Terms from time to time. The updated Terms will be indicated by a new "Last updated" date at the top of this page. If we make material changes to these Terms, we may, at our discretion, notify you either by prominently posting a notice of such changes or by directly sending you a notification.
Changes to these Terms will go into effect as soon as the updated Terms are accessible. By continuing to use our Services after changes to these Terms go into effect, you agree to be bound by the revised Terms.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MERCURY WORKSHOP, ITS LICENSORS, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT WARRANT THAT THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR FREE. MERCURY WORKSHOP DOES NOT CONTROL, ENDORSE, OR TAKE RESPONSIBILITY FOR ANY CONTENT AVAILABLE ON OR LINKED TO THE SERVICES OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING MODERATORS. WHILE MERCURY WORKSHOP ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF OUR SERVICES SAFE, WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT AND UNDER NO THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, WILL THE MERCURY WORKSHOP ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING THOSE ARISING FROM OR RELATING TO CONTENT MADE AVAILABLE ON THE SERVICES THAT IS ALLEGED TO BE DEFAMATORY, OFFENSIVE, OR ILLEGAL. ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MERCURY WORKSHOP ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR ANY AMOUNT YOU PAID MERCURY WORKSHOP IN THE PREVIOUS SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SECTION WILL APPLY TO ANY THEORY OF LIABILITY, INCLUDING THOSE BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND EVEN IF THE MERCURY WORKSHOP ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
