terms of use.
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Welcome to the Passion4Art Community! Our service to you, subject to the following
Terms of Service ("TOS"), which may be updated by us from time to time without
notice to you; provided that, we will not alter Section 7 ("Content Submitted to
Passion4Art") without prior notice to and acceptance by you. Please note that
other Passion4Art services, outside of the Passion4Art community, are governed by a
different Terms of Service.
Passion4Art currently provides users with access to a rich collection of on-line
resources, including personal web page hosting services (the "Service"). Unless
explicitly stated otherwise, any new features that augment or enhance the current Service,
including the release of new Passion4Art resources, shall be subject to the TOS. In order
to use the Service, you must obtain access to the World Wide Web, either directly or
through devices that access web-based content, and pay any service fees associated with
such access. In addition, you must provide all equipment necessary to make such connection
to the World Wide Web, including a computer and modem or other access device.
In consideration of use of the Service, you agree to:
(a) provide true, accurate, current
and complete information about yourself as prompted by the Service's registration form
(such information being the "Registration Data") and
(b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If you
provide any information that is untrue, inaccurate, not current or incomplete, or
Passion4Art has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Passion4Art has the right to suspend or terminate your account
and refuse any and all current or future use of the Service (or any portion thereof).
At the present time, Passion4Art does not sell or share information collected about any
community members to anyone. If that were to change in the future, the community members
will be informed of the changes.
You understand that all information, data, text, sound, photographs, graphics, or other
materials ("Content"), whether publicly posted or privately transmitted, are the
sole responsibility of the person from which such Content originated. This means that you,
and not Passion4Art, are entirely responsible for all Content that you upload, post or
otherwise transmit via the Service. Passion4Art does not control the Content posted via
the Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content. You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable.
You agree to not use the Service to:
(a) upload, post or otherwise transmit any Content that is
unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited
to, a Passion4Art official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to
disguise the origin of any Content transmitted through the Service or develop restricted
or password-only access pages, or hidden pages or images (those not linked to from another
accessible page);
(e) upload, post or otherwise transmit any Content that you do not
have a right to transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed
as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation,
except in those areas of the Service that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains
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;
(i) disrupt the normal flow of dialogue, cause a screen to
"scroll" faster than other users of the Service are able to type, or otherwise
act in a manner that negatively affects other users' ability to engage in real time
exchanges;
(j) interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
(k) intentionally or unintentionally violate any applicable local,
state, national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any regulations having the force of law;
(l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal
activities, promote physical harm or injury against any group or individual, or promote
any act of cruelty to animals. This may include, but is not limited to, providing
instructions on how to assemble bombs, grenades and other weapons, and creating
"Crush" sites;
(o) use your home page (or directory) as storage for remote
loading or as a door or signpost to another home page, whether inside or beyond
Passion4Art;
(p) have multiple Passion4Art addresses that are within the same
Passion4Art neighborhood or that have the same theme; or
(q) engage in commercial activities without enrolling in
Passion4Art-approved affiliate programs. This includes, but is not limited to, the
following activities:
- offering for sale any products or services;
- soliciting for advertisers or sponsors;
- conducting raffles or contests that require any type of entry fee;
- displaying a sponsorship banner of any kind, including those that
are generated by banner or link exchange services; and
- displaying banners for services that provide cash or
cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
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Recognizing the global nature of the Internet, you agree to comply with all local rules
regarding online conduct and acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical data exported from the United
States or the country in which you reside.
Passion4Art does not claim ownership of the Content you place on your Passion4Art Site. By
submitting Content to Passion4Art for inclusion on your Passion4Art Site, you grant
Passion4Art the world-wide, royalty-free, and non-exclusive license to reproduce, modify,
adapt and publish the Content solely for the purpose of displaying, distributing and
promoting your Passion4Art Site on Passion4Art's Internet properties. This license exists
only for as long as you continue to be a Passion4Art homesteader and shall be terminated
at the time your Passion4Art Site is terminated.
You acknowledge that Passion4Art does not pre-screen Content, but
that Passion4Art and its designees shall have the right (but not the obligation) in their
sole discretion to refuse or remove any Content that is available via the Service. Without
limiting the foregoing, Passion4Art and its designees shall have the right to remove any
Content that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any
reliance on the accuracy, completeness, or usefulness of such Content.
You agree to indemnify and hold Passion4Art, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of
your Content, your use of the Service, your connection to the Service, your violation of
the TOS, or your violation of any rights of another.
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You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service.
You acknowledge that Passion4Art may establish general practices and limits concerning use
of the Service. Currently, each Passion4Art address allows particular individuals to have
.5MB of disk space for his or her files. This can be increased upon request for no
additional charge
Passion4Art reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice. You
agree that Passion4Art shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
You agree that Passion4Art, in its sole discretion, may terminate your password,
Passion4Art Site, use of the Service or use of any other Passion4Art service, and remove
and discard any Content within the Service, for any reason, including, without limitation,
for lack of use or if Passion4Art believes that you have violated or acted inconsistently
with the letter or spirit of the TOS. Passion4Art may also in its sole discretion and at
any time discontinue providing the Service, or any part thereof, with or without notice.
You agree that any termination of your access to the Service under any provision of this
TOS may be effected without prior notice, and acknowledge and agree that Passion4Art may
immediately deactivate or delete your Passion4Art Site and all related information and
files in your Passion4Art Site and/or bar any further access to such files or the Service.
Further, you agree that Passion4Art shall not be liable to you or any third-party for any
termination of your access to the Service.
Passion4Art runs advertisements and promotions on Passion4Art Sites. By creating your
Passion4Art Site, you agree that Passion4Art has the right to run such advertisements and
promotions. The manner, mode and extent of advertising by Passion4Art on your Passion4Art
Site is subject to change. Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between you and such advertiser.
You agree that Passion4Art shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites
or resources. Because Passion4Art has no control over such sites and resources, you
acknowledge and agree that Passion4Art is not responsible for the availability of such
external sites or resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or available from such sites or
resources. You further acknowledge and agree that Passion4Art shall not be responsible or
liable, directly or indirectly, for any damage or loss caused or alleged to be caused by
or in connection with use of or reliance on any such Content, goods or services available
on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection
with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further
acknowledge and agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected by copyrights,
trademarks, service marks, patents or other proprietary rights and laws. Except as
expressly authorized by Passion4Art or advertisers, you agree not to modify, rent, lease,
loan, sell, distribute or create derivative works based on the Service or the Software, in
whole or in part.
Passion4Art grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a single
computer; provided that you do not (and do not allow any third party to) copy, modify,
create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to
discover any source code, sell, assign, sublicense, grant a security interest in or
otherwise transfer any right in the Software. You agree not to modify the Software in any
manner or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You agree not
to access the Service by any means other than through the interface that is provided by
Passion4Art for use in accessing the Service.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. Passion4Art EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
(b) Passion4Art MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU
THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL
BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO
YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Passion4Art OR
THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Passion4Art SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES
(EVEN IF Passion4Art HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) 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
THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER
RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE
ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
If you intend to create or join any service, receive or request any news, messages, alerts
or other information from the Service concerning companies, stock quotes, investments or
securities, please read the above Sections 16 and 17 again. They go doubly for you. In
addition, for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing purposes. Passion4Art
shall not be responsible or liable for the accuracy, usefulness or availability of any
information transmitted via the Service, and shall not be responsible or liable for any
trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The Service may also provide
notices of changes to the TOS or other matters by displaying notices or links to notices
to you generally on the Service.
Passion4Art respects the intellectual property rights of others and we ask our users to do
the same. |
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