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Artist Corner Terms of Service Agreement LAST UPDATED: 07/08/99 1. Services and Conditions of Use Welcome to Artist Corner's online service (the "Service")! As part of our service, Artist Corner agrees to provide you with e-mail service, bulletin boards, games and other computer services that Artist Corner may decide to offer, subject to the terms of this Agreement. Upon notice published through the Service, Artist Corner may modify this Agreement at any time. You agree and continue to agree to use Artist Corner Services in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below. Please note that you will be referred to as "Customer" from time to time in this Agreement. 2. Rules For Online Conduct for Artist Corner Chatrooms And Bulletin Boards By using the Service, you agree that you will not post any of the following material in Service chatrooms, bulletin boards, or other forums ("postings"):
3. Copyrighted Materials Only original art work and critiques of the works may be posted to the bulletin board on this Service. The posting of any other type of file and the posting of links to any other type of file is strictly forbidden. The following types of files are examples of strictly forbidden postings: Unauthorized copies of copyrighted photographs, drawings, graphics, text or other writings, computer programs or other software, recordings or designs; files containing advertisements or solicitations aimed at persuading other members to use certain goods or services;. material of a sexually explicitly nature, including photographs and text.Copyrighted material, including without limitation text, photographs, sound, video and music, may not be placed on the Service without the express permission of the author or owner of the copyright on the material. Customer acknowledges that only the owner or someone authorized by the owner to post the material may do so. The downloading of copyrighted material is allowed by Customers only for Customers' own use. Customers may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any copyrighted material. The burden of determining that any information, software or any other content on the Service is not protected by copyright rests with the Customer. Customer acknowledges that Artist Corner and/or third-party content providers remain the owners of the posted materials, and that Customer does not acquire any of those ownership rights by downloading copyrighted materials. 4. Posted Material Artist Corner does not own the forum posts (Content) you submit, unless we specifically tell you otherwise before you submit it. You license the Content to Artist Corner as set forth below for the purpose of displaying and distributing such Content on our network of properties and for the promotion and marketing of our services. By submitting Content to any Artist Corner property, you automatically grant, or warrant that the owner of such Content has expressly granted, Artist Corner the royalty-free, perpetual, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You acknowledge that Artist Corner does not pre-screen Content, but that Artist Corner shall have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any Content that is publicly available via the Service. Without limiting the foregoing, Artist Corner shall have the right to remove any Content that violates section 2 of the Terms of Service Agreement or is otherwise objectionable. 5. Artist Corner Mail Artist Corner Mail is a part of Artist Corner's service designed for private communication between Customers. Artist Corner will not monitor this communication, but reserves the right to take action against any Customer who is defaming, harassing or otherwise offending another Customer through e-mail or message center, if it comes to Artist Corner's attention that this type of abuse is occurring, as is more fully set forth in Section 2 containing the Rules for Online Conduct. 6. Limitation Of Liability And Warranty CUSTOMER AGREES THAT USE OF THE SERVICE IS ENTIRELY AT CUSTOMER'S OWN RISK. ARTIST CORNER'S SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING WITHOUT LIMITATION THE ARTIST CORNER SOFTWARE LICENSED TO THE CUSTOMER AND THE RESULTS OBTAINED THROUGH THE SERVICE. SPECIFICALLY, ARTIST CORNER DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT ARTIST CORNER IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER. NEITHER ARTIST CORNER NOR ANY OF ITS AGENTS, AFFILIATES OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICE. 7. Trademarks Artist Corner, Artist Corner logo are trademarks of Artist Corner. 8. Indemnification Customer agrees to indemnify and hold Artist Corner harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Artist Corner harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Customer's violation of this Agreement, including the Rules of Conduct or any information, software or other content placed on the Service by Customer. 9. Termination Of Service Artist Corner may terminate your account or access rights to this Service at any time, without notice, for conduct that Artist Corner believes violates this Agreement or other policies or guidelines that Artist Corner has posted on a Artist Corner service. Artist Corner may terminate your account or access rights to this Service for online conduct that Artist Corner believes is harmful to other Customers, to Artist Corner's business, or to other information providers. 10. Choice Of Law This Agreement shall be construed and controlled by the laws of the State of California. Further, any dispute arising from the terms of this agreement or a breach of this Agreement will be governed by the laws of the State of California. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of California. 11. Merger Clause This Agreement constitutes the entire agreement between the parties with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral between Artist Corner representatives and Customer. Artist Corner may amend or modify this Agreement or impose new conditions at any time upon notice from Artist Corner to Customer as published through the Service. Any use of the Service by Customer after such notice shall be deemed to constitute acceptance by Customer of such amendments, modifications or new conditions.
if you have any questions or concerns about the terms, you can e-mail me at admin@artistcorner.com |