defmodule BanchanWeb.StaticLive.TermsAndConditions do
  @moduledoc """
  Banchan Terms and Conditions Page
  """
  use BanchanWeb, :live_view

  alias Surface.Components.Markdown

  alias BanchanWeb.Components.Layout

  @impl true
  def render(assigns) do
    ~F"""
    <Layout flashes={@flash}>
      <#Markdown class="w-full px-4 py-2 mx-auto prose max-w-7xl">
        # Terms and Conditions

        Last updated: April 20, 2024

        Please read these terms and conditions carefully before using Our
        Service.

        ## Interpretation and Definitions

        ### Interpretation

        Capitalized words have meanings defined below. These definitions shall
        have the same meaning regardless of whether they appear in singular or
        in plural.

        ### Definitions

        For the purposes of these Terms and Conditions:

        **Affiliate** means an entity that controls, is controlled by or is
        under common control with a party, where "control" means ownership of
        50% or more of the shares, equity interest or other securities entitled
        to vote for election of directors or other managing authority.

        **Account** means a unique account created for You to access Our Service
        or parts of Our Service.

        **Commissions** refer to the items offered for sale on the Service. For
        the purpose of Stripe's determination of the tax rate, Commissions are
        limited to digital finished artwork with permanent rights. More
        specifically, art used for actual reproduction by photomechanical or
        other processes or for display purposes. The art must be transferred
        electronically and downloaded to a device with permanent access granted.
        Examples include drawings, paintings, designs, photographs, lettering,
        paste-ups, mechanicals, assemblies, charts, graphs, and illustrative
        materials. Website and homepage design do NOT fall within this
        definition.

        **Company** (referred to as either "the Company", "We", "Us" or "Our" in
        these Terms) refers to Banchan Art LLC, 440 N Barranca Ave #8687 Covina,
        CA 91723.

        **Content** refers to content such as text, images, or other information
        that can be posted, uploaded, linked to or otherwise made available by
        You, regardless of the form of that content.

        **Device** means any device that can access the Service such as a
        computer, a cellphone or a digital tablet.

        **Feedback** means feedback, innovations or suggestions sent by You
        regarding the attributes, performance or features of our Service.

        **Orders** mean a request by You to purchase a Commission through the
        Service.

        **Promotions** refer to contests, sweepstakes or other promotions
        offered through the Service.

        **Service** refers to the Website.

        **Studio** refers to a specific type of user of the Service that offers
        Commissions via the Service.

        **Terms and Conditions** (also referred as "Terms") mean these Terms and
        Conditions that form the entire agreement between You and the Company
        regarding the use of the Service.

        **Third-Party Social Media Service** means any services or content
        (including data, information, products or services) provided by a third
        party that may be displayed, included or made available by the Service.

        **Website** refers to Banchan Art, accessible from
        [https://banchan.art](https://banchan.art/).

        **You** means the individual accessing or using the Service, or the
        company, or other legal entity on behalf of which such individual is
        accessing or using the Service, as applicable.

        ## Acknowledgment

        These are the Terms and Conditions governing the use of this Service and
        the operative agreement between You and the Company. These Terms and
        Conditions set out the rights and obligations of all users regarding the
        use of the Service.

        Your access to and use of the Service is conditioned on Your acceptance
        of and compliance with these Terms and Conditions. These Terms and
        Conditions apply to all visitors, users and others who access or use the
        Service.

        By accessing or using the Service You agree to be bound by these Terms
        and Conditions. If You disagree with any part of these Terms and
        Conditions then You may not access the Service.

        You represent that you are over the age of 18. The Company does not
        permit those under 18 to use the Service.

        Your access to and use of the Service is also conditioned on Your
        acceptance of and compliance with the Privacy Policy of the Company. Our
        Privacy Policy describes Our policies and procedures on the collection,
        use and disclosure of Your personal information when You use the Service
        or the Website and tells You about Your privacy rights and how the law
        protects You. Please read Our Privacy Policy carefully before using Our
        Service.

        ## Placing Orders for Commissions

        By placing an Order for a Commission through the Service, You warrant
        that You are legally capable of entering into binding contracts.

        ## Your Information

        If You wish to place an Order for a Commission available on the Service,
        You may be asked to supply certain information relevant to Your Order
        including, without limitation, Your name, Your email, Your phone number,
        Your credit card number, the expiration date of Your credit card, Your
        billing address, and Your shipping information.

        You represent and warrant that: (i) You have the legal right to use any
        credit or debit card(s) or other payment method(s) in connection with
        any Order; and that (ii) the information You supply to us is true,
        correct and complete.

        By submitting such information, You grant us the right to provide the
        information to payment processing third parties for purposes of
        facilitating the completion of Your Order.

        ## Order Cancellation

        Both the Studio and Us reserve the right to refuse or cancel Your Order
        at any time for certain reasons including but not limited to:

        -   Commissions availability

        -   Errors in the description or prices for Commissions

        -   Errors in Your Order

        We also reserve the right to refuse or cancel Your Order if fraud or an
        unauthorized or illegal transaction is suspected.

        ### Your Order Cancellation Rights

        Any Commissions you purchase can only be returned in accordance with
        these Terms and Conditions and Our Disputes Policy.

        Our Disputes Policy forms a part of these Terms and Conditions. Please
        read our Disputes Policy to learn more about your right to cancel Your
        Order.

        ## Availability, Errors and Inaccuracies

        Studios are constantly updating their offerings of Commissions on the
        Service. The Commissions available on the Service may be mispriced,
        described inaccurately, or unavailable, and We or the Studios may
        experience delays in updating information regarding Commissions on the
        Service and in Our advertising on other websites.

        We cannot and do not guarantee the accuracy or completeness of any
        information, including prices, product images, specifications,
        availability, and services. We reserve the right to change or update
        information and to correct errors, inaccuracies, or omissions at any
        time without prior notice.

        ## Pricing Policy

        The Company may establish the minimum and maximum amount that Studios
        may charge for a Commission. Our current minimum is US\$20, and maximum
        is US\$2000. Within this range, Studios have the right to revise their
        prices at any time prior to accepting an Order.

        The prices quoted may be revised by the Studio subsequent to accepting
        an Order in the event of any occurrence affecting delivery caused by
        government action, variation in higher foreign exchange costs and any
        other matter beyond the control of the Studio. In that event, You will
        have the right to cancel Your Order.

        Additionally, if You request extra work or features for a Commission
        after it is accepted, the Studio may increase the price for the
        Commission. Studios may also limit how many changes can be requested on
        a Commission past a certain point. See the specific Studio's policies
        for more information.

        ## Payments

        All Commissions purchased are subject to payment, as prescribed by the
        Studio. Payments are conducted through Stripe. Transactions using
        cryptocurrency are strictly prohibited.

        Payment cards (credit cards or debit cards) are subject to validation
        checks and authorization by Your card issuer. If we do not receive the
        required authorization, We will not be liable for any delay or
        non-delivery of Your Order.

        ## Limitation on Mature Content

        We don't allow Content that includes pornographic images or videos.
        Content glorifying sexual violence is not permitted. Depictions of
        minors, minor-presenting, or suggested minors in a sexual context are
        not allowed and will result in Account suspension.

        If You plan to collect money for Your Content, then You must adhere to
        the acceptable use policy of the payment processor that Your Account
        uses. Read Stripe's terms here:
        <https://stripe.com/legal/restricted-businesses>.

        It's almost impossible to come up with an exhaustive list of
        unacceptable Content to sell, so often We have to take Content reviews
        one at a time. If an issue arises with Your Account, then We will
        contact You and share what options You may have. Note that in some
        cases, if You've collected money while in violation of these Terms, We
        may be forced to refund all pending transactions, as We will not be able
        to process any more payments or payouts for Your Account.

        ## **Limitation on NFTs and Generative AI**

        Studios are expressly prohibited from offering or selling NFT-related
        Commissions. This includes selling NFTs directly, as well as
        commissioning art that will later be sold as NFTs on platforms like
        OpenSea.

        Studios are expressly prohibited from significantly relying on
        generative AI to create a Commission. Insignificant use (for example,
        using generative AI to start a rough initial sketch) is allowed. This
        prohibition does not include automated tools that are designed to help
        artists, such as Photoshop's Content-Aware Fill.

        You are also prohibited from using any Website content to train an AI
        model.

        ## Promotions

        Any Promotions made available through the Service may be governed by
        rules that are separate from these Terms.

        If You participate in any Promotions, please review the applicable rules
        as well as our Privacy policy. If the rules for a Promotion conflict
        with these Terms, the Promotion rules will apply.

        ## User Accounts

        When You create an account with Us, You must provide Us information that
        is accurate, complete, and current at all times. Failure to do so
        constitutes a breach of the Terms, which may result in immediate
        termination of Your account on Our Service.

        You are responsible for safeguarding the password that You use to access
        the Service and for any activities or actions under Your password,
        whether Your password is with Our Service or a Third-Party Social Media
        Service.

        You agree not to disclose Your password to any third party. You must
        notify Us immediately upon becoming aware of any breach of security or
        unauthorized use of Your account.

        You may not use as a username the name of another person or entity or
        that is not lawfully available for use, a name or trademark that is
        subject to any rights of another person or entity other than You without
        appropriate authorization, or a name that is otherwise offensive, vulgar
        or obscene.

        ## Content

        ### Your Right to Post Content

        Our Service allows You to post Content. You are responsible for the
        Content that You post to the Service, including its legality,
        reliability, and appropriateness.

        By posting Content to the Service, You grant Us the right and license to
        use, modify, publicly perform, publicly display, reproduce, and
        distribute such Content on and through the Service. You retain any and
        all of Your rights to any Content You submit, post or display on or
        through the Service and You are responsible for protecting those rights.
        You agree that this license includes the right for Us to make Your
        Content available to other users of the Service, who may also use Your
        Content subject to these Terms.

        You represent and warrant that: (i) the Content is Yours (You own it) or
        You have the right to use it and grant Us the rights and license as
        provided in these Terms, and (ii) the posting of Your Content on or
        through the Service does not violate the privacy rights, publicity
        rights, copyrights, contract rights or any other rights of any person.

        ### Content Restrictions

        The Company is not responsible for the content of the Service's users.
        You expressly understand and agree that You are solely responsible for
        the Content and for all activity that occurs under Your account, whether
        done so by You or any third person using Your account.

        You may not transmit any Content that is unlawful, offensive, upsetting,
        intended to disgust, threatening, libelous, defamatory, obscene or
        otherwise objectionable. Examples of such objectionable Content include,
        but are not limited to, the following:

        -   Unlawful or promoting unlawful activity.

        -   Defamatory, discriminatory, or mean-spirited content, including
            references or commentary about religion, race, sexual orientation,
            gender, national/ethnic origin, or other targeted groups.

        -   Spam (machine- or randomly generated) constituting unauthorized or
            unsolicited advertising, chain letters, any other form of
            unauthorized solicitation, or any form of lottery or gambling.

        -   Containing or installing any viruses, worms, malware, trojan horses,
            or other content that is designed or intended to disrupt, damage, or
            limit the functioning of any software, hardware or
            telecommunications equipment or to damage or obtain unauthorized
            access to any data or other information of a third person.

        -   Infringing on any proprietary rights of any party, including patent,
            trademark, trade secret, copyright, right of publicity or other
            rights.

        -   Impersonating any person or entity including the Company and its
            employees or representatives.

        -   Violating the privacy of any third person.

        -   False information and features.

        The Company reserves the right, but not the obligation, to, in its sole
        discretion, determine whether or not any Content is appropriate and
        complies with these Terms, refuse or remove this Content. The Company
        further reserves the right to make formatting and edits and change the
        manner of any Content. The Company can also limit or revoke the use of
        the Service if You post such objectionable Content. As the Company
        cannot control all content posted by users and/or third parties on the
        Service, you agree to use the Service at your own risk. You understand
        that by using the Service You may be exposed to content that You may
        find offensive, indecent, incorrect or objectionable, and You agree that
        under no circumstances will the Company be liable in any way for any
        content, including any errors or omissions in any content, or any loss
        or damage of any kind incurred as a result of your use of any content.

        ### Content Backups

        Although regular backups of Content are performed, the Company does not
        guarantee there will be no loss or corruption of data.

        Corrupt or invalid backup points may be caused by, without limitation,
        Content that is corrupted prior to being backed up or that changes
        during the time a backup is performed.

        The Company will provide support and attempt to troubleshoot any known
        or discovered issues that may affect the backups of Content. But You
        acknowledge that the Company has no liability related to the integrity
        of Content or the failure to successfully restore Content to a usable
        state.

        You agree to maintain a complete and accurate copy of any Content in a
        location independent of the Service.

        ## Copyright Policy

        ### Intellectual Property Infringement

        We respect the intellectual property rights of others. It is Our policy
        to respond to any claim that Content posted on the Service infringes a
        copyright or other intellectual property infringement of any person.

        If You are a copyright owner, or authorized on behalf of one, and You
        believe that the copyrighted work has been copied in a way that
        constitutes copyright infringement that is taking place through the
        Service, You must submit Your notice in writing to the attention of our
        copyright agent via email at <support@banchan.art> and include in Your
        notice a detailed description of the alleged infringement.

        You may be held accountable for damages (including costs and attorneys'
        fees) for misrepresenting that any Content is infringing Your copyright.

        ### DMCA Notice and DMCA Procedure for Copyright Infringement Claims

        You may submit a notification pursuant to the Digital Millennium
        Copyright Act (DMCA) by providing our Copyright Agent with the following
        information in writing (see 17 U.S.C 512(c)(3) for further detail):

        -   An electronic or physical signature of the person authorized to act
            on behalf of the owner of the copyright's interest.

        -   A description of the copyrighted work that You claim has been
            infringed, including the URL (i.e., webpage address) of the location
            where the copyrighted work exists or a copy of the copyrighted work.

        -   Identification of the URL or other specific location on the Service
            where the material that You claim is infringing is located.

        -   Your address, telephone number, and email address.

        -   A statement by You that You have a good-faith belief that the
            disputed use is not authorized by the copyright owner, its agent, or
            the law.

        -   A statement by You, made under penalty of perjury, that the above
            information in Your notice is accurate and that You are the
            copyright owner or authorized to act on the copyright owner's
            behalf.

        You can contact our copyright agent via email at <support@banchan.art>.
        Upon receipt of a notification, the Company will take whatever action,
        in its sole discretion, it deems appropriate, including removal of the
        challenged content from the Service.

        ### Intellectual Property

        The Service and its original content (excluding Content provided by You
        or other users), features and functionality are and will remain the
        exclusive property of the Company and its licensors.

        The Service is protected by copyright, trademark, and other laws of both
        the United States and foreign countries.

        Our trademarks, service marks and trade dress may not be used in
        connection with any product or service without the prior written consent
        of the Company.

        ### Your Feedback to Us

        You assign all rights, title and interest in any Feedback You provide
        the Company. If for any reason such assignment is ineffective, You agree
        to grant the Company a non-exclusive, perpetual, irrevocable, royalty
        free, worldwide right and license to use, reproduce, disclose,
        sub-license, distribute, modify and exploit such Feedback without
        restriction.

        ## Links to Other Websites

        Our Service may contain links to third-party websites or services that
        are not owned or controlled by the Company.

        The Company has no control over, and assumes no responsibility for, the
        content, privacy policies, or practices of any third-party websites or
        services. You further acknowledge and agree that the Company shall not
        be responsible or liable, directly or indirectly, for any damage or loss
        caused or alleged to be caused by or in connection with the use of or
        reliance on any such content, goods or services available on or through
        any such websites or services.

        We strongly advise You to read the terms and conditions and privacy
        policies of any third-party websites or services that You visit.

        ## Termination

        We may terminate or suspend Your Account immediately, without prior
        notice or liability, for any reason whatsoever, including without
        limitation if You breach these Terms and Conditions.

        Upon termination, Your right to use the Service will cease immediately.
        If You wish to terminate Your Account, You may simply discontinue using
        the Service.

        ## Limitation of Liability

        Notwithstanding any damages that You might incur, the entire liability
        of the Company and any of its suppliers under any provision of these
        Terms and Your exclusive remedy for all of the foregoing shall be
        limited to the amount actually paid by You through the Service or \$100
        USD if You haven't purchased anything through the Service.

        To the maximum extent permitted by applicable law, in no event shall the
        Company or its suppliers be liable for any special, incidental,
        indirect, or consequential damages whatsoever (including, but not
        limited to, damages for loss of profits, loss of data or other
        information, for business interruption, for personal injury, loss of
        privacy arising out of or in any way related to the use of or inability
        to use the Service, third-party software and/or third-party hardware
        used with the Service, or otherwise in connection with any provision of
        these Terms), even if the Company or any supplier has been advised of
        the possibility of such damages and even if the remedy fails of its
        essential purpose.

        Some states do not allow the exclusion of implied warranties or
        limitation of liability for incidental or consequential damages, which
        means that some of the above limitations may not apply. In these states,
        each party's liability will be limited to the greatest extent permitted
        by law.

        ## "AS IS" and "AS AVAILABLE" Disclaimer

        The Service is provided to You "AS IS" and "AS AVAILABLE" and with all
        faults and defects without warranty of any kind. To the maximum extent
        permitted under applicable law, the Company, on its own behalf and on
        behalf of its Affiliates and its and their respective licensors and
        service providers, expressly disclaims all warranties, whether express,
        implied, statutory or otherwise, with respect to the Service, including
        all implied warranties of merchantability, fitness for a particular
        purpose, title and non-infringement, and warranties that may arise out
        of course of dealing, course of performance, usage or trade practice.
        Without limitation to the foregoing, the Company provides no warranty or
        undertaking, and makes no representation of any kind that the Service
        will meet Your requirements, achieve any intended results, be compatible
        or work with any other software, applications, systems or services,
        operate without interruption, meet any performance or reliability
        standards or be error free or that any errors or defects can or will be
        corrected.

        Without limiting the foregoing, neither the Company nor any of the
        Company's providers makes any representation or warranty of any kind,
        express or implied: (i) as to the operation or availability of the
        Service, or the information, content, and materials or products included
        thereon; (ii) that the Service will be uninterrupted or error-free;
        (iii) as to the accuracy, reliability, or currency of any information or
        content provided through the Service; or (iv) that the Service, its
        servers, the content, or emails sent from or on behalf of the Company
        are free of viruses, scripts, trojan horses, worms, malware, timebombs
        or other harmful components.

        Some jurisdictions do not allow the exclusion of certain types of
        warranties or limitations on applicable statutory rights of a consumer,
        so some or all of the above exclusions and limitations may not apply to
        You. But in such a case the exclusions and limitations set forth in this
        section shall be applied to the greatest extent enforceable under
        applicable law.

        ## Governing Law

        The laws of California, excluding its conflicts-of-law rules, shall
        govern these Terms and Your use of the Service. Your use of the Website
        Our Service may also be subject to other local, state, national, or
        international laws.

        ## Dispute Resolution

        If You have any concern or dispute about the Service, You agree to first
        try to resolve the dispute informally by contacting the Studio. For more
        information, see our Disputes Policy.

        ## For European Union (EU) Users

        If You are a European Union consumer, you will benefit from any
        mandatory provisions of the law of the country in which you are resident
        in.

        ## United States Legal Compliance

        You represent and warrant that (i) You are not located in a country that
        is subject to the United States government embargo, or that has been
        designated by the United States government as a "terrorist supporting"
        country, and (ii) You are not listed on any United States government
        list of prohibited or restricted parties.

        ## Severability and Waiver

        ### Severability

        If any provision of these Terms is held to be unenforceable or invalid,
        such provision will be changed and interpreted to accomplish the
        objectives of such provision to the greatest extent possible under
        applicable law and the remaining provisions will continue in full force
        and effect.

        ### Waiver

        Except as provided herein, the failure to exercise a right or to require
        performance of an obligation under these Terms shall not effect a
        party's ability to exercise such right or require such performance at
        any time thereafter nor shall the waiver of a breach constitute a waiver
        of any subsequent breach.

        ## Changes to These Terms and Conditions

        We reserve the right, at Our sole discretion, to modify or replace these
        Terms at any time. If a revision is material We will make reasonable
        efforts to provide at least 30 days' notice prior to any new terms
        taking effect. What constitutes a material change will be determined at
        Our sole discretion.

        By continuing to access or use Our Service after those revisions become
        effective, You agree to be bound by the revised terms. If You do not
        agree to the new terms, in whole or in part, please stop using the
        website and the Service.

        ## Contact Us

        If you have any questions about these Terms and Conditions, You can
        contact us:

        -   By email: <support@banchan.art>
      </#Markdown>
    </Layout>
    """
  end
end
