These Terms of Service disclose the general terms for use of ArtBoomer.com web site and its services (the "Site"). If you use this Site, you agree to be bound by these Terms of Service.
A. YOUR USE OF THE SITE
If you become a member of the Site, you agree to accept responsibility for all activities that occur under your account, and agree you will not sell, transfer or assign your membership or any associated rights therein.
2. Site Interactive Areas. The Site's art directory, artist's profile section and other such interactive areas were created to provide users with a forum to express their opinions and share their ideas and information. Given the nature of the Site and the volume of messages and postings, we use reasonable efforts to monitor the Site, yet cannot and do not monitor all of the material posted or transmitted by users and third-party information providers. To protect your safety, please use your best judgment when using these forums. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you. We reserve the right to delete, move or edit any communications at any time, for any reason or in its discretion, but have no obligation to review or remove any such content. When using the Site, you are prohibited from posting material that:
(a) contains offensive, vulgar, profane, false, abusive, libelous, hateful, defamatory or obscene language; (b) contains fraudulent, deceptive, or misleading statements; (c) violates a copyright or trademark, or any other intellectual property right of another; (d) violates the privacy rights of any third party; or (e) violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such violation.
This list is not exhaustive. Therefore, we reserve the right to remove any content posted on the Site and/or terminate your access to the Site at any time for any reason.
3. Communications with Third Parties through the Site. Your dealings or communications through the Site with any party other than us are solely between you and that third party. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
B. COPYRIGHT, TRADEMARK AND PROPERTY RIGHTS
Outside of our artist's images and artist's information, all information, content, services and software displayed on, transmitted through, or used in connection with this Site, including for example opinions, text, photographs, images, illustrations, html, source and object code, software, data, and the like (collectively, the "Content"), as well as its selection and arrangement, is owned by us, our affiliated companies, licensors and suppliers. We actively protect the rights to the Content to the fullest extent of the law. You may not use such material except as provided in these Terms of Service.
Neither the artist's artwork or artist's information apply to the "Content". The "Content" is anything made, created, or produced by ArtBoomer.com Incorporated or its affiliates. Artists have full rights to their own images under the Canadian and International laws. ArtBoomer.com has no ownership on artist images or artwork.
You may not republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache. Requests to use of the Content for any purpose other than as permitted in this section should be directed to ArtBoomer.com. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by us and our affiliates, and Marks owned by other information providers and third parties. No Marks may be used in any manner unless approved in writing in advance by us.
You may not frame or utilize framing techniques that involve any Marks, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of the Site. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Site, and not to use any data mining, robots, cancel bots, spiders, Trojan horse, or any data gathering or extraction method in connection with your use of the Site.
C. USER'S REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted by you and/or through your membership account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that, if you are providing information to the Site, you are at least thirteen (13) years old. You hereby agree to indemnify, defend and hold harmless ArtBoomer.com, affiliate companies, officers, directors, employees, shareholders, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms or as reasonably required in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
D. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
While we use reasonable efforts to include accurate and up-to-date information on the Site, we make no warranties or representations as to the accuracy of the Content and assume no liability or responsibility for any error or omission in the Content. We do not represent or warrant that use of any Content, when authorized, will not infringe the rights of third parties. In addition, in some cases, Content available on the Site may be provided and/or hosted by third parties. We have not reviewed all of the sites linked to this Site and are not responsible for the content of any off-site pages or links to or from any other sites. While we encourage such third parties to abide by these Terms of Service, we have no responsibility for actions of third parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. ALL CONTENT AVAILABLE THROUGH THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEITHER WE, NOR OUR PARENT COMPANY, ITS AFFILIATED OR RELATED COMPANIES, OR ANY OF OUR OR THEIR SHAREHOLDERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS OR LICENSORS (COLLECTIVELY, THE "PARTIES"), MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SITE, THE CONTENT, DOWNLOADS AVAILABLE AT THE SITE, ANY ADVERTISING MATERIAL DISPLAYED ON THE SITE, OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF SUCH SERVICES OR SITES, INCLUDING BUT NOT LIMITED TO THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
WE SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES REGARDING THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST INFRINGEMENT, AND WARRANTIES AS TO THE AVAILABILITY, ACCURACY, COMPLETENESS OR CONTENT OF ANY INFORMATION, DOWNLOADS, PRODUCTS OR SERVICES AVAILABLE ON OR THROUGH THE SITE.
IN NO EVENT SHALL THE PARTIES BE LIABLE FOR: (I) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RELATED TO UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND/OR (II) ANY AMOUNT FOR DIRECT DAMAGES IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, AND/OR THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
The Site is controlled, operated and administered by ArtBoomer.com from its offices within Canada and international locations. We make no representation that materials or Content available through the Site are appropriate or available for use outside Canada and access to them from territories where their contents are illegal is prohibited. You may not use the Site or export the Content in violation of Canadian export laws and regulations. If you access the Site from a location outside Canada, you are responsible for compliance with all local laws.
E. ADDITIONAL TERMS AND CONDITIONS
1. We reserve the right to change these Terms of Service at any time in our discretion and to notify users of any such changes solely by changing these Terms of Service. Your continued use of the Site after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. Please note that your use of this Site prior to the time these Terms of Service was posted will be governed according to the Terms of Service that applied at the time of your use, if any.
2. We may modify, suspend, discontinue or restrict the use of any portion of the Site, including the availability of any portion of the Content at any time, without notice or liability, terminate any registration and/or membership and/or deny access to any person or user at any time for any reason.
3. These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Site must be filed in a federal or provincial court located in Ontario, within two (2) months of the time in which the events giving rise to such claim began, or you agree to waive such claim.
4. If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties as reflected in that provision and the remainder of the Agreement shall continue in full force and effect. Any failure of ours to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
A. Information Collected
When joining ArtBoomer.com (the Site), we may ask you to register and/or provide information that personally identifies you ("Personal Information") for purposes of interacting with the Site. Such Personal Information may include, but is not limited to, your name, phone number, street address, and e-mail address. On any page that collects Personal Information, we will specifically describe what information is required in order to provide you with the product or service, enter you in the promotion you have requested, or respond to your inquiry or comment.
B. Use of Personal Information
ArtBoomer.com may match specific and/or aggregated Personal Information with third party data to provide you with product and content offerings that interest you and improve our advertising and marketing efforts. We also may disclose aggregated user statistics in order to describe our services to potential advertisers, potential members, partners, other third parties, our affiliate companies, and for other lawful purposes.
As part of your experience on our Site, you may receive communications from us related to products and services that might interest you. While we believe these services will enhance your experience at our Site, you will at all times be able to opt out from receiving these communications by specifically opting out of these services. You may do this via email.
We reserve the right to disclose Personal Information when needed to comply with the law or a legal process, cooperate with investigations of purported unlawful activities, to identify persons violating the law.
C. Party Collecting the Information
The Site may offer email, forums, message boards, or rooms as one of the services on the Site. If you disclose personal information in one of these forums, this information can be viewed, collected, and used by others. We are not responsible for the use of information you disclose in these forums. We encourage you to consult the Forum Rules regarding the policies and procedures that apply to that portion of the Site. Since ArtBoomer.com does not control the privacy policies of third parties, you are subject to the privacy customs and policies, if any, of such third parties, and ArtBoomer.com shall not be responsible for the use or dissemination of your private information by such parties. Therefore, we encourage you to ask questions and review those parties' privacy policies before you disclose your Personal Information to others.
D. Links to Other Materials
Third party sites linked to and from the Site are not necessarily under the control of ArtBoomer.com. We shall have no responsibilities or liabilities whatsoever for the content or privacy practices of any such linked site or any link or linking program at any time. ArtBoomer.com does not necessarily endorse companies (or related products or services) to or from which the Site is linked. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
E. Children's Privacy
ArtBoomer.com cares about the safety of children and their use of the Internet. Therefore, in accordance with the Children's Online Privacy Protection Act of 1998, we will never knowingly request or solicit personally identifiable information from anyone under the age of 13 without verifiable parental consent. In the event that we receive actual knowledge that we have collected such personal information without the requisite and verifiable parental consent, we will delete that information from our database as quickly as is practicable.
We respect your privacy and ability to choose whether to share information with us and any third party. You may choose to "opt-out" of sharing Personal Information in several ways. When choosing to use certain features or services on the Site, you can choose whether to share optional Personal Information in connection with the feature or service. If you receive communications from us that you prefer not to receive, you may opt out from receiving these communications, by notifying us through the Site. You may "opt-out" altogether from providing Personal Information to us by not registering on the Site and thereby not providing Personal Information. You may also choose at a later date to have your name removed from our database by contacting ArtBoomer.com. Certain portions of the Site and certain services provided on the Site, however, do require registration in order to access or use these areas and services. If you choose not to register or provide certain information, these areas will not be accessible to you.
ArtBoomer.com maintains industry standard safeguards to ensure the security, integrity, and privacy of the Personal Information that you provide to the Site.
H. Contacting Us
I. Effective Date and Changes
These Terms of Service are effective as of February 1, 2015. We reserve the right to modify the terms of this policy at any time and in our sole discretion, by posting a change notice to this page. Your continued use of the Site following our posting of a change notice will constitute binding acceptance of those changes.
Should you have any questions with regard to the use of the content of this site, please forward them to ArtBoomer.com Incorporated.