Terms of Use

Last updated: February 2025

1. Acceptance

By accessing or using Tchoff (“Service”), you agree to these Terms of Use and our Privacy Policy. If you do not agree, do not use the Service.

2. Your Content – Ownership and Rights

You retain ownership of all content you upload (images, audio, and other materials). Subject to an active “Sell Your Art” or equivalent plan, you have the right to sell your art on this website. By uploading, you represent and warrant that:

• You own the content, or you have the legal right, license, or permission (including from the copyright owner) to upload and use it on the Service.
• Your content does not infringe any third party’s copyright, trademark, privacy, publicity, or other rights.
• Your content complies with all applicable laws and does not contain illegal, defamatory, obscene, or harmful material.

You may not upload content you do not have the right to use. Misrepresentation of your rights is a breach of these Terms.

3. License Grant to Tchoff

By uploading content, you grant Tchoff a non-exclusive, royalty-free, worldwide license to store, display, reproduce, distribute, and make available your content solely for operating and providing the Service (including caching, CDN delivery, and similar technical operations). If you have an active “Sell Your Art” plan, this license also extends to facilitating the sale of your content to buyers, including displaying listings and completing transactions. This license continues for as long as your content remains on the Service and for a reasonable period thereafter for backup and archival purposes.

4. Copyright and DMCA

Tchoff respects intellectual property and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. We operate a notice-and-takedown process for infringing content.

DMCA Takedown Notice: If you believe content on the Service infringes your copyright, send a written notice to our designated agent with:

• Identification of the copyrighted work claimed to be infringed.
• Identification of the infringing material and its location (e.g., URL).
• Your contact information (name, address, phone, email).
• A statement that you have a good-faith belief the use is not authorized.
• A statement, under penalty of perjury, that the information is accurate and you are the copyright owner or authorized to act.
• Your physical or electronic signature.

Send notices to our designated DMCA agent (contact information published on the Service). Designated agent information is also filed with the U.S. Copyright Office as required by 17 U.S.C. § 512(c)(2).

Counter-Notice: If you believe your content was removed by mistake, you may submit a counter-notice including the required elements under 17 U.S.C. § 512(g)(3). We may restore content if the claimant does not file a court action within 10–14 business days.

Repeat infringers may have their accounts terminated.

5. Prohibited Conduct

You may not:

• Upload content you do not have the right to use.
• Infringe copyright, trademark, or other intellectual property rights.
• Upload illegal, harmful, defamatory, or obscene content.
• Impersonate others or misrepresent your identity.
• Attempt to compromise the security or availability of the Service.

6. Service “As Is”

The Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

7. Limitation of Liability

To the fullest extent permitted by law, Tchoff and its operators shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, or goodwill, arising from your use of the Service or any content on it. Our total liability shall not exceed the greater of one hundred dollars ($100) or the amount you paid us in the twelve months before the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Tchoff and its operators from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your content; (c) your violation of these Terms; or (d) your violation of any third party rights, including intellectual property or privacy rights.

9. Safe Harbor

Tchoff operates as an online service provider under 17 U.S.C. § 512. We do not monitor content for infringement and do not have actual knowledge of infringing activity. We act expeditiously to remove or disable access to content upon receipt of a compliant DMCA notice. By complying with these procedures and the requirements of Section 512, we seek to qualify for the limitations on liability for user-generated content.

10. Account Disabling

You may request to disable your account. When you do:

• Your account will be automatically disabled 30 days after you request it. You may cancel the request at any time before then.
• Once disabled, your account cannot be used to sign in. All content you posted (images, sounds, comments) will be hidden from all users.
• Your data is retained and not deleted. We may retain it for compliance, backup, or to satisfy legal obligations.

11. Termination

We may suspend or terminate your access to the Service at any time for violation of these Terms or for any other reason. You may stop using the Service at any time.

12. Changes

We may update these Terms. Continued use of the Service after changes constitutes acceptance. The “Last updated” date at the top reflects the most recent version.

13. Governing Law

These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles.

14. Contact

For questions about these Terms or the Service, contact us through the contact information provided on the Service.