Rules for Participating
The goal of ArtActiveOnline is to provide a web-based information, conversation, and portfolio tool for artists. To keep this part of cyberspace a positive, helpful community, a few rules for participation are in order. Violations may result in membership cancellation with no refund.
Your membership is for your individual self only. It cannot be used as a co-op portfolio.
Verbal abuse, slander and foul language will not be tolerated.
Always tell the truth. Submitting phony data (e.g. gallery or event) misleads innocent viewers, and will eventually be discovered.
Pornographic images will not be tolerated.
Firearms, fireworks, body parts and illegal and/or questionable substances may not be traded in the barter forum.
Terms And Conditions of Use of All Services
(short version - click bold text)
TERMS
This Agreement shall remain in effect unless canceled.
INVOICING
ArtActiveOnline directly bill credit card provided by customer and automatically renew at the end of the month.
DATABASE RECORD USAGE
Customer shall not exceed the number of records at subscribed level.
BULK E-MAIL AND SPAMMING
No spamming.
TERMINATION
Either party may cancel.
CONTENT RESULTING IN CANCELLATION
Pornography, illegal use of copyrighted materials, false or misleading data.
LIABILITY
ArtActiveOnline shall have no liability for damages.
SECURITY
ArtActiveOnline makes no warranties of security.
APPLICABLE LAWS
Content complies with all applicable federal, state and local laws and regulations.
INTEGRITY OF INFORMATION
Customer is solely responsible for information.
ACCOUNT SECURITY
Customer responsible for protecting Customer's password.
LEGAL ACTION
Customer agrees to indemnify and hold ArtActiveOnline harmless in any legal action.
JURISDICTION AND GOVERNING LAW
Customer consents to submit to the jurisdiction of the State Of California.
HEADINGS
Headings in this Agreement are for convenience only.
MODIFICATION
ArtActiveOnline can change this agreement.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements.
RENEWAL
Agreement will automatically self-renew every month.
Terms And Conditions of Use of All Services
(long version)
TERMS
This Agreement between the parties shall remain in effect between the parties unless otherwise canceled or modified by either party in accordance with the terms and conditions set forth herein.
INVOICING
ArtActiveOnline shall bill all accounts for services rendered in accordance with the terms and conditions set forth herein. All monthly accounts shall be billed directly to the credit card number provided by customer on sign-up form or credit card number update form. ALL accounts will be automatically renewed at the end of the selected term, and will automatically renew for the same term lenght unless Customer requests otherwise.
DATABASE RECORD USAGE
Customer agrees that database record usage shall not exceed the number of records as set forth in Schedule "A" attached hereto. This usage shall be monitored by ArtActiveOnline. Any record usage in excess of the agreed upon number of records may result in the immediate termination of customer at the sole discretion of ArtActiveOnline without prior notice. In the event that ArtActiveOnline elects to terminate this Agreement, pursuant to this provision, customer shall not be entitled to a refund.
BULK E-MAIL AND SPAMMING
It shall not be permissible for customer to engage in any bulk E- mailing or use of mail servers or mail relays (commonly referred to as "SPAMMING"). In the event that customer engages in such activity, ArtActiveOnline may elect to immediately terminate customer at its sole discretion without prior notice to customer. In the event that ArtActiveOnline terminates customer pursuant to this provision, customer shall not be entitled to a refund. Forwarding 50 unsolicited pieces of mail within a 24 hour period shall be considered "spamming". Customer shall be liable to ArtActiveOnline for any and all damages caused as a result of customer's failure to comply with this provision.
TERMINATION
Either party may terminate this Agreement without cause upon 30 days written notice to the other party. E-Mail shall be deemed adequate notice by either party. Nothing in this paragraph however shall limit ArtActiveOnline right to terminate customer immediately and without prior notice for improper use and violations as set forth herein.
CONTENT RESULTING IN CANCELLATION
In the event that ArtActiveOnline deems content of customer's account of explicit or illegal nature, including, but not limited to nudity, pornography, illegal use of copyrighted materials, and transferring of warez or other illegal files, ArtActiveOnline reserves the right to terminate customer immediately and without prior notice. In the event of illegal content, ArtActiveOnline reserves the right to turn the materials over to the proper authorities, and cannot be held responsible if action is taken against customer based on such materials.
In the event that ArtActiveOnline elects to terminate customer as a result of its improper acts and breach of the terms and conditions contained herein, customer shall not be entitled to a refund of the balance. In no event shall customer be entitled to a refund of the set-up fee.
In the event customer elects to terminate this Agreement, same shall be considered a breach and customer shall not be entitled to any refund.
In the event that ArtActiveOnline elects to terminate customer without cause, customer shall receive a full refund of any balance. However, if customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be no refund any remaining balance.
LIABILITY
Customer agrees that ArtActiveOnline shall have no liability for the services, data or information provided to the public on the Internet including but not limited to any liability for consequential, indirect, special or incidental damages, regardless of the success or effectiveness of other remedies.
Customer further agrees that ArtActiveOnline shall not be liable for any damages or losses sustained by customer for business or other activities conducted on the Internet including but not limited to consequential, indirect, special or incidental damages.
Customer agrees that it shall not hold ArtActiveOnline liable for any loss of business, lost opportunity, consequential, indirect, special or incidental damages as a result of any interruption in service.
In no event shall ArtActiveOnline liability exceed the total value paid to ArtActiveOnline by customer.
SECURITY
Customer understands that the Internet and other various networking communications are not secure, unless explicitly specified as such. ArtActiveOnline makes no warranties of any kind, either expressed or implied. In no event shall ArtActiveOnline be liable for any damages or losses, either consequential, indirect, special or incidental, incurred by customer. In no event shall ArtActiveOnline liability exceed the total cost of this contract between ArtActiveOnline and customer.
APPLICABLE LAWS
Customer will ensure that its use of the Internet and any service provided by ArtActiveOnline to it complies with all applicable federal, state and local laws and regulations, including but not limited to all laws pertaining to copyright, trademark, proprietary information, intellectual property rights, defamation, tortuous interference with business, invasion of privacy and software piracy. In the event that Customer violates this provision, ArtActiveOnline shall have the right to consider same a breach of this Agreement by Customer which shall entitle ArtActiveOnline to terminate customer immediately without prior notice.
* It shall be within the sole discretion of ArtActiveOnline to deem material as pornographic or inappropriate.
INTEGRITY OF INFORMATION
Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.
ACCOUNT SECURITY
Customer shall be solely responsible for protecting the security of its customer account and usage. Customer's password shall be considered private information and shall not be disseminated or in any other manner disclosed and/or transferred to third parties. ArtActiveOnline shall not be liable for any breach of security caused by customer or third parties.
ArtActiveOnline will use its best efforts to maintain the integrity and security of customer's password(s) and all other personal private information.
LEGAL ACTION
Customer agrees to indemnify and hold ArtActiveOnline harmless in any legal action which arises as a result of customer's use of ArtActiveOnline services, without limitation or exception including, but not limited to any action brought against customer by a third party.
JURISDICTION AND GOVERNING LAW
This Agreement shall be governed by the laws of the State of California and jurisdiction shall lie within the State of California. Customer hereby consents to submit to the jurisdiction of the State Of California.
HEADINGS
Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions.
MODIFICATION
The terms and conditions of this Agreement may be modified at the discretion of ArtActiveOnline with 30 days notice to customer.
ENTIRE AGREEMENT
This Agreement supersedes all Agreements previously made between the parties pertaining to the subject matter of this Agreement. There are no other understandings or Agreements.
Failure to properly notify ArtActiveOnline via e-mail, telephone or regular mail of your disagreement with the above terms and conditions will constitute customer's acceptance of same.
RENEWAL
If not canceled by customer, this Agreement will automatically self-renew after the period initially selected by the said customer for the billing cycle.
Customer's failure to properly notify ArtActiveOnline of its objections to any of the terms and conditions set forth herein shall constitute customer's acceptance of same.
This Agreement shall automatically renew itself for an additional one month period unless otherwise canceled or terminated by either party in accordance with the notice provision set forth herein.
In the event this Agreement is automatically renewed, customer agrees to be bound by the Terms and Conditions currently in effect.
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