ARTpostcard Terms and Conditions:
ARTpostcard is a community of caring, passionate artists and writers creating and sending unique documents, ARTpostcards. We welcome your participation. Please be respectful of the site, your fellow artists and site visitors. The following terms and conditions provide the rules for site usage and acceptable behavior.
Use of Web Site
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF OUR WEB SITE. By accessing, browsing and/or using our web site ("Site"), you acknowledge that you have read, understand, and agree to be bound to the terms of service set forth in this Membership Agreement (this "Agreement"). We reserve the right, in our sole discretion, to change, modify, add, or remove provisions of this Agreement at any time. You should check this Agreement periodically for changes. By using this web site after we post any changes to this Agreement, or otherwise notify you of such changes, you agree to accept those changes, whether or not you have reviewed them. If you do not agree to this Agreement, you should not use our web site and you should arrange to cancel your registered user account or membership with us, as applicable.
1. Scope of Agreement
Unless we indicate otherwise, this Agreement applies to your use of the web sites which are owned, operated, or powered by Espectro Arts, LLC ("Espectro", "ARTpostcard" "we," "us," or "our") this web site and any other web site that we may own, operate, or power currently or in the future, and all of the Fee-Based Products that we may offer currently or in the future. You are solely responsible for all your information, images and data content including its accuracy. You shall defend, indemnify, and hold us harmless against any liabilities arising out of your use of this site.
2. ARTpostcard E-cards
ARTpostcard offers its online visitors, artists and others the opportunity to send and/or create e-cards featuring original artwork, messages to the recipient, comments, vision statement, and other visual and non-visual creatives. If you choose to use our e-card service, you will need to provide your name and verified e-mail address, as well as the recipient´s name and e-mail address. You may not use ARTpostcard E-Cards for sending viruses or other harmful, disruptive, or destructive files or attempt to steal, guess, or reconstruct passwords nor to conceal or misrepresent the identity of the sender.
You may not use ARTpostcard E-Cards for chain letters, junk mail, or for spamming, nor can you send e-cards explicitly for self-promotion or advertising. You may not transmit through the ARTpostcard E-Cards service any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, obscene, pornographic, or otherwise unlawful material, artwork, comments, or material of any kind or nature. You may not send messages or e-cards in furtherance of unlawful, or criminal, or fraudulent activity. In addition, you cannot use e-cards for distribution via bulk lists without specific permission. You may not use ARTpostcard E-Cards for any illegal purpose.
By using this web site you agree to be legally bound and to abide by this Agreement, just as if you had signed this Agreement. If you do not comply with this Agreement at any time, we reserve the right to cancel or terminate your password, user account, and/or access to this web site (or any part thereof). In our sole discretion and without prior notice or liability, we may discontinue, modify, or alter any aspect of the web site including, but not limited to, (i) restricting the time the web site is available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating any user´s right to use the web site. You agree that any termination or cancellation of your access to, or use of, the web site may be effected without prior notice. If you do not abide by the terms of this Agreement, except as we may otherwise provide from time to time, you agree that we may immediately deactivate or delete your user account and all related information and/or files in your user account and/or bar any further access to such information and/or files on our web site (or part thereof). Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our web site.
3. Submission of ARTwork
In entering this Agreement the Artist represents and affirms that:
The Artist at all times retains all rights, title and interest in and to the ARTwork uploaded and provided by Artist hereunder (including, without limitation, the copyrights in and to the ARTwork), subject to the non-exclusive rights and licenses granted to ARTpostcard under this Agreement. Artist is free to grant similar rights to others during the term of this agreement.
a) the Artist has the full right, ability and power to enter into this Agreement and the terms thereof; and hereby grants ARTpostcard the right to use the ARTwork (and associated materials) in the manner and methods described and listed in this Agreement,
b) the Artist is the creator of the ARTwork and / or the legal copyright owner of the uploaded ARTwork. Furthermore, the artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement,
c) that all information provided, or will be provided, now or in the future, by the Artist to ARTpostcard is accurate, including but not limited to email and contact information, and all public representations are consistent with this policy, are true and accurate.
d) the uploaded ARTwork (and associated materials)do not and will not infringe on any rights of any third party, including, but not limited to, any copyright, intellectual property, trademark, patent, trade secret, right of privacy or publicity or moral rights of any third party,
e) the uploaded ARTwork(and associated materials) does not violate any law, statute, ordinance or regulation. Furthermore, the uploaded ARTwork (and associated materials) are not defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws, and
f) the ARTwork (and associated materials) do not and will not contain viruses or other programming code or programming that has the potential to disrupt or cause harm to systems, computers or data bases, whether those of ARTpostcard or of third parties.
The declarations herein contained shall survive any termination of this Agreement, whether by the Artist or ARTpostcard.
As used in this Agreement, the term "ARTwork (and associated Materials)" or "ARTwork" means any content uploaded to the ARTpostcard Site(s) which may include without limitation, the artwork itself, title of artwork, artist or gallery name, profile images, artist bio (biographical information), vision statement, artwork descriptions, comments, "message to the recipient" and any and all associated material.
By uploading your ARTwork (and associated materials) you hereby grant to ARTpostcard, as of the date the artwork is uploaded, a worldwide, universal, royalty-free, non-exclusive, continuous license, to use the Artist´s ARTwork (and associated Materials) or any part thereof, for whatever purpose, in any matter whatsoever. As part of this permission you hereby grant to ARTpostcard the permission to display, copy, reproduce, and exhibit through any electronic means or other means, or otherwise publish any or all of the ARTwork (and associated materials), including any part thereof, the description, the vision statement, the title, and any and all written text associated with or describing the artwork, and to include them in compilations for publication, by any and all means and media, both electronic and print, and any media now known or not yet known, discovered or invented. As needed, and from time to time, ARTpostcard may change, modify, adapt, or otherwise alter the ARTwork for the purposes stated in this agreement and in order to properly display the ARTwork in the appropriate manner in the medium selected for that purpose.
At any point, artist can selectively choose to remove artwork in which case the artwork will no longer be available on the site from search, as part of the artists portfolio of uploaded artwork; or to be used with or combined for use in future site activities. Notwithstanding, to the extent the artwork has been associated with previous or ongoing community projects, including but not limited to, messages, ARTpostcards, communications, dialogues, group exhibitions, and similar actives, and has been viewed or published, by any and all means and media now known or not yet known or invented, then the existing version becomes the archival version of the indicated community art project and will continue to be available for use in its current form or adapted for use, as determined by the Site Editors.
Furthermore, the artist will not have any rights or interest associated with ARTpostcards use of the ARTwork, including that which the ARTwork may be combined or into which all or any portion of the ARTwork may be incorporated, as described and detailed in this Agreement and the non-exclusive license as granted to ARTpostcard by the Artist. Not withstanding, you, as the artist, at all times and under all conditions, retain all rights, title and interest in and to your ARTwork, including without limitation the copyright in and to the artwork, subject to the non-excusive rights in the license you grant to ARTpostcard under this Agreement.
4. Community Standards and Conduct Guidelines
You acknowledge that all content, ARTwork, and all information, photos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas and other materials posted, emailed, or otherwise transmitted to or on this web site, now or in the future, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you transmit using this web site. We do not control the Postings or the content thereof, transmitted on our web site by others and, as such, under no circumstances will we be liable in any way for any Postings. You agree not to use this web site to:
- Upload, post, email, or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically, or otherwise objectionable (in our sole discretion);
- Harm minors in any way;
- Impersonate any person;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this web site;
- Upload, post, email, or otherwise transmit any Postings or other materials that you do not have a right to upload, post, email, or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships, or under nondisclosure agreements);
- Upload, post, email, or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any party;
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation;
- Upload, post, email, or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt this web site or servers or networks connected to this web site, or disobey any requirements, procedures, policies, or regulations of networks connected to the web site;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, any regulations having the force of law; or
- "Stalk" or otherwise harass anyone by use of this website, including any user or employee of this web site.
Your privilege to use this web site depends on your compliance with the community standards and conduct guidelines set forth above and in this Agreement. We may revoke your privileges to use all or a portion of this web site and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, we may terminate, in our sole discretion, your use of, or participation in our web site.
5. Copyright Complaints and Reporting of Abuse
The editors and moderators of ARTpostcard will always attempt to remove or edit any objectionable material, as defined solely by Site Editors, and will do so as quickly as possible given the nature of the incident and the manner in which reported. Nevertheless, it is impossible to completely track, catalogue and review each and every artwork, message to the recipient, comment and related materials as they are posted to the Site. Furthermore, you acknowledge that ARTpostcard does not endorse the content of any user communications or postings and assumes no responsibility for any threatening, libelous, obscene, harassing, or offensive material contained in any user communication, or any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. Community reporting ofobjectionable, material outside of community standards, will be promptly followed up on and responded to. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our web site (or any part thereof) who infringes the intellectual property rights of others.
6. Community Projects
Artworks selected and uploaded by an artist can become part of community projects, collaborations between artists and/or involving the participation of others, including visitors and users of this website. The Hundred-Year Community Art Project is a community project. A user option when sending certain ARTpostcard E-Cards, E-cards sent as part of the Hundred Year Community Art project are not an anonymous e-mail service. Each message to the recipient will be available on the site, in whole or in part, to be viewed or read publically with the level of privacy you have selected. As part of an ARTpostcard Community Project users of this service agree and accept that their "message to the recipient", as edited, will be available on the site and that others besides the recipient can and will read or view the posted message. Online tools are provided for editing the text in the "message to recipient" that will be posted and viewed publically, including but not limited to, name of recipient and sender, title, message (whole or in part), that you would not want to be viewable by the public. As part of the ARTworks´s journey and the Community Art Project, even when a message is fully redacted website visitors will be able to view and read the countries and locations of both the sender and recipient. In using this service you acknowledge and agree that your Ecard, with the options herein described, and the level of privacy selected, will be available for others to view and read, that your words, as edited, may be found and indexed by search engines, and that visitors, site users and other websites may choose to link to your message, for whatever reason. By using this site you agree not to transmit anything that does not confirm to this Agreement.
7. Disclaimers of Warranties
PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS ON THIS WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATABILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. NEITHER ARTPOSTCARD, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT THAT THIS WEB SITE OR ANY FUNCTION CONTAINED IN THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE OR THE SERVERS THAT MAKE THIS WEB SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, OFFERING, CONTENT, AND MATERIAL TRANSMITTED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEB SITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT, OR MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS). NEITHER ARTPOSTCARD OR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT, AND MATERIALS (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. WE SPECIFICALLY EXCLUDE ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IT ASSUMES NO LEGAL LIABILITY FOR, AND YOU AGREE TO INDEMNIFY US FOR ALL PERSONAL OR PROPERTY DAMAGES OF ANY SORT RESULTING FROM ANY USE OR MISUSE OF THIS WEB SITE, INCLUDING, BUT NOT LIMITED TO:
- Any errors or omissions arising from your use of the web site or information within it, regardless of who caused the error;
- Any failures, delays, or interruptions in the delivery of any content or service contained within the web site;
- The accuracy, correctness, completeness, or visual attractiveness of any information you post to the web site or provide to us;
- Any financial or other damage which you may suffer as a result of use of the web site;
- Liability for the acts of outside contractors, as explained in Paragraph Number 2 above;
- Liability for the acts of advertisers and third party content providers on the web site, or the acts of operators of linked sites;
- Any loss of data;
- Misuse of copyrighted or other protected material belonging to us or to others;
- Any action which results in defamation or invasion of the privacy of any person;
- The consequences of a message going to the recipient with false or misleading information, not reaching the intended recipient, or having incomplete or inaccurate information.
- Inability to receive a message as a result of use of the web site;
- Unavailability of the system due to power outages, equipment failures, or any other cause; or
- Any improper use of this web site by a user which violates any law.
8. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (B) THE USE OF ANY CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS) ON THIS WEB SITE OR ANY WEB SITE OR WEB SITES LINKED TO THIS WEB SITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEB SITE (INCLUDING, WITHOUT LIMITATION, THE FEE-BASED PRODUCTS); OR (F) ANY OTHER MATTER RELATING TO THIS WEB SITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEB SITE, OR WITH ANY PROVISION OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEB SITE.
You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents, and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney´s fees and expenses) arising from your improper use of this web site or our products or offerings (including, without limitation, the Fee-Based Products), your violation of this Agreement, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity.
10. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to your use of this web site (including, without limitation, the Fee-Based Products) or this Agreement shall be filed only in the state or federal courts located in Kent County in the State of Delaware, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
11. Miscellaneous Terms