2. DESCRIPTION OF SERVICE
World Wide Arts Resources / absolutearts.com currently provides users with access to a rich collection of online resources, including the GALLERY PORTFOLIO hosting services (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new World Wide Arts Resources / absolutearts.com 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. Please be aware that World Wide Arts Resources / absolutearts.com might have created certain areas on the Service that may contain mature or adult content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
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 World Wide Arts Resources / absolutearts.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, World Wide Arts Resources / absolutearts.com 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).
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person/business from which such Content originated. This means that you, and not World Wide Arts Resources/ absolutearts.com, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com 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 GALLERY PORTFOLIO page(s) (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond World Wide Arts Resources / absolutearts.com;
(p) have multiple World Wide Arts Resources / absolutearts.com addresses that are within the same World Wide Arts Resources / absolutearts.com GALLERY PORTFOLIO AREA or that have the same theme; or
(q) engage in commercial activities that are deemed objectionable by World Wide Arts Resources / absolutearts.com and may include: 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.
6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
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.
7. CONTENT SUBMITTED TO World Wide Arts Resources / absolutearts.com World Wide Arts Resources / absolutearts.com does not claim ownership of the Content you place on your GALLERY PORTFOLIO Site. By submitting Content to World Wide Arts Resources / absolutearts.com for inclusion on your GALLERY PORTFOLIO Site, you grant World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com GALLERY PORTFOLIO Site(s).
This license exists only for as long as you continue to be a World Wide Arts Resources / absolutearts.com GALLERY PORTFOLIO MEMBER and shall be terminated at the time your World Wide Arts Resources / absolutearts.com GALLERY PORTFOLIO Site is terminated. You acknowledge that World Wide Arts Resources / absolutearts.com does not pre-screen Content, but that World Wide Arts Resources / absolutearts.com 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, World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com, 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.
9. NO RESALE OF SERVICE
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.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that World Wide Arts Resources / absolutearts.com may establish general practices and limits concerning use of the Service.
11. MODIFICATIONS TO SERVICE
World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that World Wide Arts Resources / absolutearts.com, in its sole discretion, may terminate your password, GALLERY PORTFOLIO Site, use of the Service or use of any other World Wide Arts Resources / absolutearts.com service, and remove and discard any Content within the Service, for reason stated in SECTION 5, including, non payment of membership fee, without limitation, for lack of use or if World Wide Arts Resources/absolutearts.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. 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 World Wide Arts Resources / absolutearts.com may immediately deactivate or delete your GALLERY PORTFOLIO Site and all related information and files in your World Wide Arts Resources / absolutearts.com Site and/or bar any further access to such files or the Service. Further, you agree that World Wide Arts Resources /absolutearts.com shall not be liable to you or any third-party for any termination of your access to the Service.
13. ADVERTISEMENTS AND PROMOTIONS
World Wide Arts Resources / absolutearts.com may run advertisements and promotions on GALLERY PORTFOLIO Sites or GALLERY PORTFOLIO related Sites. By creating your World Wide Arts Resources / absolutearts.com Site, you agree that World Wide Arts Resources / absolutearts.com has the right to run such advertisements and promotions. The manner, mode and extent of advertising by World Wide Arts Resources / absolutearts.com on your GALLERY PORTFOLIO 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 World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com has no control over such sites and resources, you acknowledge and agree that World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com 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.
15. World Wide Arts Resources / absolutearts.com PROPRIETARY RIGHTS
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 World Wide Arts Resources / absolutearts.com 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.
World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
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. World Wide Arts Resources / absolutearts.com 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) World Wide Arts Resources / absolutearts.com 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 World Wide Arts Resources / absolutearts.com OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT World Wide Arts Resources / absolutearts.com 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 WORLD WIDE ARTS RESOURCES / absolutearts.com 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.
18. EXCLUSIONS AND LIMITATIONS 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.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, please read the above Sections 16 and 17 again. 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. World Wide Arts Resources /absolutearts.com 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.
World Wide Arts Resources / absolutearts.com respects the intellectual property rights of others and we ask our users to do the same.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and World Wide Arts Resources / absolutearts.com and govern your use of the Service, superceding any prior agreements between you and World Wide Arts Resources / absolutearts.com (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other World Wide Arts Resources / absolutearts.com services, third-party content or third-party software. The TOS and the relationship between you and World Wide Arts Resources / absolutearts.com shall be governed by the laws of the State of Ohio without regard to its conflict of law provisions. You and World Wide Arts Resources / absolutearts.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Franklin, to use of the Service or the TOS must be filed within three (3) months after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. MEMBERSHIP FEES
Invoices are due upon receipt. Regardless of the term of this contract, because World Wide Arts Resources incurrs the costs for providing the services, this contract is fully earned upon posting, and is non-cancelable. Deposits and payments are non-refundable. Last Updated: May 8, 2003