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ProudArtists.com - Terms of Service

Terms of Services

ProudArtists LLC (“we” or “us” or the “Site”) is a free online contemporary arts community. The Site provides this service (this “Service”) to you (“you” or “user” or "member") after you read, understand and accept the Terms of Services (the “Terms of Services” or the “Terms”). YOU AGREE TO READ THE TERMS OF SERVICES OF USE CAREFULLY BEFORE USING PROUDARTISTS. If you do not agree to these Terms of Services of use, you may not access or otherwise use ProudArtists. Upon checking the accept box during registration, you acknowledge that you have read the Terms of Services and that you accept the Terms thereof.

The Terms of Services is effective March 1, 2009 for all users.

DEFINITIONS:
Original Art
The term “Original Art,” or, “art,” “art work,” “creative works,” shall mean an artist created art, categorized as either a photograph, painting, drawing, ceramic, printmaking, jewelry, fashion, arts & craft, sculpture, or any other artistic creation, and then uploads their art on ProudArtists.

Content
The term “Content,” shall mean all information that is posted on the Site by users, including but not limited to, photos, data, text, or other materials.

Buyers
The term “buyer,” or, “buyers,” or, “art enthusiasts,” shall mean a member purchasing art directly from a seller.

Sellers
The term “seller,” or, “sellers,” or, “artist,” or, “artists,” shall mean a member selling art directly to a buyer.

PROUDARTISTS ACCOUNT REQUIREMENTS:
Registration:
In order to use ProudArtists, you must become a registered member. During registration, you are to register with a valid email address, a screen name created by you, and you are to select a password that cannot be easily guessed or associated with anything personal. The email address and password that you choose, will be your login information, and will allow you to access your ProudArtists account. You agree that you are responsible for the use of your login information and are required to protect it from unauthorized use. If unauthorized use does occur, you agree to contact ProudArtists immediately. Further, you agree not to transfer or sell your registered user rights to someone else.

Additional Personal Information:
Once registration is complete, you can add additional personal information in your ProudArtists account; such as, first and last name, and home address including country.

MEMBERSHIP/FEES:
ProudArtists.com is a FREE online Art community which allows Artists to showcase their original art. ProudArtists does not charge any fees for membership to the Site. As a member of the Site, you agree that we are not responsible for the sale process or purchase process of art. Art transactions are solely between buyer and seller, and all responsibility lies between both buyer and seller.

USING PROUDARTISTS:
You represent, warrant and covenant that:
(a) you shall not upload, post or transmit to or distribute or otherwise publish through ProudArtists any materials which, (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, trade libelous, harassing, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic (involving children or otherwise), profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, trade secret, rights of privacy or publicity or any other proprietary right, (v) contain a virus or anything that may damage the Site, (vi) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site distribute, such as, manipulating the price of any item, (vii) contain any information, software or other material of a commercial nature, (viii) contain advertising of any kind, (ix) constitute or contain false or misleading indications of origin or statements of fact; and (b) you will not, (i) sell art in which you are not the original artist, (ii) post spam, chain letters, or pyramid schemes.

CONTENT LICENSE:
By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to ProudArtists, you hereby grant to us a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against ProudArtists for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. In other words, you give ProudArtists the right to display the Content that you post on the Site.

COPYRIGHT:
ProudArtists, the Site, is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents that are the Site are only for your personal, non-commercial use. All materials contained on the Site are protected by copyright, and are owned or controlled by ProudArtists or the party credited as the provider of the Content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Site. In other words, any Content provided or posted by you is protected by copyright and is owned or controlled by you, and all other materials contained on the Site are protected by copyright and are owned or controlled by ProudArtists.

COPYRIGHT INFRINGEMENT:
ProudArtists holds a no tolerance policy when infringement of the rights of third parties occurs. If you feel that your copyrighted material may have been infringed, a notification of claimed infringement must be in a written communication and provided to ProudArtists. The notification must include the following:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.

(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of the written notification containing the previously stated information, we shall remove or disable access to the material that is alleged to be infringing, we shall forward the written notification to such alleged infringer, and we shall take reasonable steps to promptly notify the alleged infringer that we have removed or disabled access to the material. Further, we may, at our sole discretion, suspend or prohibit the alleged infringer from future access to the Site.

INDEMNITY:
You hereby agree to indemnify, defend and hold ProudArtists, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Terms or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. ProudArtists reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of ProudArtists.

LIABILITY:
Content:
ProudArtists.com is a Web-Site community that allows artists to showcase their Original Art. The Site allows users to post various forms of Content. Content that becomes public information may be offensive, inaccurate, unreliable or questionable to some users. All information posted on the Site is the sole responsibility of the user posting the Content. ProudArtists does not and cannot review all materials posted to the Site by its users; therefore, we are not responsible for any such materials posted.

Transactions:
Transactions do not occur through ProudArtists.com. ProudArtists does not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of New York Commercial Code § 2-401(2) and Uniform Commercial Code § 2-401(2) under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller.

Changes and Accessibility:
ProudArtists may change, suspend or discontinue any aspect of the Site at any time, including the availability of any ProudArtists feature, database, or Content. ProudArtists may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Monitoring the Site:
We may monitor your use of the Site, and may freely use and disclose any information and materials received from you or collected through your use of the Site for any lawful reason or purpose, including information that we, in good faith, believe is necessary to safeguard copyright, trademark, patent, publicity and all other rights of users of the Site. Furthermore, we hold the right to edit, refuse to post or remove any information or materials, in whole or in part, that in ProudArtists sole discretion are objectionable or in violation of the Terms.

Links on our Web pages:
ProudArtists contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third party sites, maintained by third parties, do not constitute an endorsement by us or any of its subsidiaries or affiliates of any third party resources, or their contents. ProudArtists shall not be responsible or liable for any loss or damages through your participation with links and pointers found on ProudArtists.

Artists' Links and Contact Information on our Web pages:
We allow Artists to post World Wide Web Internet site links, where their art is showcased for sale, and to post their contact information, such as an email address, in designated areas on the Site. These posted links, maintained by third parties, do not constitute an endorsement by us or any of its subsidiaries or affiliates of any third party resources, or their contents. ProudArtists shall not be responsible or liable for any loss or damages through your participation with links, pointers, or contact information found or obtained on ProudArtists.

Communications and Availability:
You acknowledge that transmissions to and from the Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to us, no confidential, fiduciary, contractually implied or other relationship is created between you and ProudArtists other than pursuant to the Terms. Furthermore, we cannot guarantee continuous or secure access to our services and the Site. The Site may not be available to you due to interference by numerous factors outside of our control; therefore, we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by ProudArtists.

DISCLAIMER:
THE PROUDARTISTS WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PROUDARTISTS AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OBTAINED FROM THE SITE OR FOR CONTENT CONTAINED IN ANY THIRD PARTY MATERIALS PROVIDED THROUGH LINKS FROM THE SITE, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, PROUDARTISTS AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PROUDARTISTS DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THOUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, ADVICE, STATEMENT, MEMORANDUM, OR INFORMATION SHALL BE AT YOUR SOLE RISK. PROUDARTISTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED, ERROR FREE, ACCURATE, SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATIONS OF LIABILITY:
PROUDARTISTS AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM, BUT NOT LIMITED TO, THE CONTENT ON THE SITE AND ANY ERRORS CONTAINED THEREIN, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR THROUGH LINKS TO THIRD PARTIES. FURTHER, PROUDARTISTS IS NOT LIABLE FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR USE OF THE SITE, EVEN IF PROUDARTISTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF PROUDARTISTS TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO $100. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.

DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES ARE NOT ALLOWED IN SOME JURISDICTIONS, THEREFORE, THE PREVIOUSLY STATED DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU.

GENERAL:
Disputes:
THE TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THE TERMS SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK.
The Terms constitute the entire agreement between ProudArtists and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. If ProudArtists fails to enforce a specific right or provision of the Terms, the result shall not constitute a waiver of the right or provision.

Amendments:
Amendments to the Terms of Services will be posted at this URL and will be effective when posted. Notifications of such changes will be conspicuously posted for you to review the amended Terms. Your continued use of the Site following the posting of any amendment, modification or change shall constitute your acceptance thereof.

Contact ProudArtists:
If you have any questions in regards to the Terms or the Services of the Site, feel free to contact Us. For Copyright Infringement notifications, please send all notifications to the address provided on the Contact Information page.



October 1, 2006 - February 28, 2009 Terms of Services


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