Terms of Service

ArtInPhoenix.com

Terms of Service

By using this site, whether as a registered user, or a non-registered visitor, you accept the Terms of Service herein.
Website Guidelines and Terms of Service Information
ArtInPhoenix.com provides users with access photos and/or videos on our website. Registered users may be given permissions to upload content to the website. Most of the material on the site is copyrighted. Please do not reproduce or distribute content without permission of the content author or owner, be they users or the website owner. If you upload or post content that you do not own or have limited rights to use, you should credit the appropriate source and provide any citation required by the owner of the content, the copyright holder, or the applicable license.
Some of the material on the Website may be in the public domain. Some, but not all, public domain items will be identified as such and may be freely copied, modified, or distributed without restriction. Some other content on ArtInPhoenix.com is governed by the Creative Commons Attribution 3.0 Unported License. If photos or other content, which appears on ArtInPhoenix.com is not otherwise identified, one should assume that it is someone else’s intellectual property and it should not be used without permission.
ArtInPhoenix.com gives registered users the ability to publish content to the website. If you become a registered user, please be responsible publisher. That means no comment spam, no hate speech, no racism, no copyright violations, no inappropriate material, no plagiarism.
Thank you.
Webmaster
ArtInPhoenix.com

Terms of Service (“TOS”)
The following terms and conditions govern all use of the ArtInPhoenix.com website and all content of the website. The Terms of Service (“TOS”) may be amended without notice to you. ArtInPhoenix.com is owned and operated by iNetPlanet, LLC. The terms “iNetPlanet”, “ArtInPhoenix”, and “ArtInPhoenix.com”, “Website Owner”, “Owner”, and “Website” may be used interchangeably in the TOS and the website and the terms should be construed to refer to the website owner, iNetPlanet, LLC and the Website, ArtInPhoenix.com.
By accessing and using the ArtInPhoenix.com website, you accept and agree to be bound by the terms and provision of the TOS without without modification of all of the terms and conditions contained herein and all other operating rules, guidelines, policies (including, without limitation, the ArtInPhoenix.com Privacy Policy). In addition, when using ArtInPhoenix.com, you shall be subject to any posted rules on the Website applicable to use of the Website. The Website rules may be posted and modified from time to time. All such rules and/or guidelines are hereby incorporated by reference into the TOS.
1. Your ArtInPhoenix.com Account, Photo Albums, and Galleries. If you create a registered user account on the Website, you are responsible for maintaining the security of your account and content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the registered user account. You must immediately notify ArtInPhoenix.com of any unauthorized uses of your Content, your account or any other breaches of security. ArtInPhoenix.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of registered users. If you maintain a user account, comment on an album, post or upload material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an video file, or anything else. By making Content available, you represent and warrant that:
the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
the Content is not spam, is not computer- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
your Content is not presented in a manner that misleads your readers into thinking that you are another person or company; and
you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ArtInPhoenix.com or otherwise.
By submitting Content to ArtInPhoenix.com for inclusion on our Website, you grant ArtInPhoenix.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promoting our Website. This license allows ArtInPhoenix.com to make publicly-posted content available to third parties.
Without limiting any of those representations or warranties, ArtInPhoenix.com has the right, but not the obligation, to, in ArtInPhoenix.com’s sole discretion (i) refuse or remove any content that, in ArtInPhoenix.com’s reasonable opinion, violates any Website policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in ArtInPhoenix.com’s sole discretion.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. ArtInPhoenix.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
3. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which ArtInPhoenix.com links, and that link to ArtInPhoenix.com. ArtInPhoenix.com does not have any control over those websites and webpages, and is not responsible for their content or their use. By linking to an outside website or webpage, ArtInPhoenix.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. ArtInPhoenix.com disclaims any responsibility for any harm resulting from your use of non-ArtInPhoenix.com websites and webpages.
4. Copyright Infringement and DMCA Policy. As the Website asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by ArtInPhoenix.com violates your copyright, you are encouraged to notify ArtInPhoenix.com in accordance with our Digital Millennium Copyright Act (“DMCA”) Policy. ArtInPhoenix.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material.
5. Intellectual Property. This Agreement does not transfer from ArtInPhoenix.com to you any ArtInPhoenix.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with ArtInPhoenix.com. ArtInPhoenix.com, ArtInPhoenix.com, ArtInPhoenix.com, the ArtInPhoenix.com logo, and all other trademarks, service marks, graphics and logos used in connection with ArtInPhoenix.com, or the Website are trademarks or registered trademarks of ArtInPhoenix.com or ArtInPhoenix.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any ArtInPhoenix.com or third-party trademarks.
ArtInPhoenix.com provides users with access photos and/or video on our website. Registered users may be given permissions to upload content to the Website. Much of the material on the site is copyrighted. Do not reproduce or distribute content without permission of the webmaster or the content author or owner. If content is posted that you do not own or have limited rights to use, you must credit the appropriate source and provide any citation required by the owner of the content. Some of the material on the Website is in the public domain, or is governed by the Creative Commons License.
Some copyrighted logos of organizations, may appear on the Website for the purpose of identifying an organization. Some such information or graphics are protected by copyright. It is believed that the use of low-resolution images on the Website for certain uses involving identification and critical commentary qualify as fair use under United States copyright law. Other uses of this type of content elsewhere, may be copyright infringement. The use logos and related content by the Website does not imply endorsement of the organization or by the organization.
6. Advertisements. ArtInPhoenix.com reserves the right to display advertisements on your photo album pages. We attempt to keep the advertisements un-intrusive and minimize the distraction. No fee is required to become a registered user or for any other aspect of use of the Website. We apologize for any annoyance it may cause but it is necessary to help offset the cost of keeping ArtInPhoenix.com online.
7. Attribution. ArtInPhoenix.com reserves the right to display attribution information and links on any pages on the Website, including those which may contain Content you provided.
8. Disclaimer of Warranties. The Website is provided “as is”. ArtInPhoenix.com and its Owner, suppliers, and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither ArtInPhoenix.com nor its Owner, suppliers, and licensors. makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
9. Limitation of Liability. In no event will ArtInPhoenix.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to ArtInPhoenix.com under this agreement during the twelve (12) month period prior to the cause of action. ArtInPhoenix.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the ArtInPhoenix.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
11. Indemnification. You agree to indemnify and hold harmless ArtInPhoenix.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
12. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
13. Miscellaneous. This Agreement constitutes the entire agreement between ArtInPhoenix.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of ArtInPhoenix.com, or by the posting by ArtInPhoenix.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Oregon, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Multnomah County, Oregon. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; ArtInPhoenix.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Change log:
January 21, 2015: Initial draft, adapted from WordPress Terms of Service (available under a Creative Commons Sharealike license), posted to ArtInPhoenix.com website.
January 22, 2015: Minor spelling and grammar corrections.

 

 Adapted from WordPress Terms of Service (available under a Creative Commons Sharealike license).
Creative Commons License  This work is licensed under a Creative Commons Attribution 3.0 Unported License.