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--- ARTIST'S ---
Put Your Art In Our Gallery! |
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Information |
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| Calendar Service Terms |
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(Read Carefully Before Completing And Submitting an Event)
VisionServer ("VS") PROVIDES SERVICES SUBJECT
TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR OTHERWISE USE THESE SERVICES. YOUR SUBMITTION OF THE APPLICATION FORM AND YOUR CONTINUED USE OF THE SERVICES INDICATES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND ACCEPTED THESE TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY:
This VisionServer Service Agreement (the"Agreement") is between you and VisionServer ("VS") organized and existing under the laws of the Arizona and with a principal place of business at Mesa, Arizona doing business as VisionServer (VS), referred to hereafter as VS throughout this agreement. Use of the Services signifies your agreement to the terms and conditions of use set forth in this Calendar Service Agreement.
1. VS Calendar Service grants you a non-exclusive, non-transferable, limited right to:
Submit an electronic posting of an art related event listing with logo/or photo in the Calender of Events and/or Workshop Calendar section that would be of interest to our readers.
You must provide an email address where you can be contacted in case of problems with your posting. This information be will not be shared with any third party.
Events submitted must not exceed 700 characters including spaces in typed text. Please proof your text prior to submitting. If you would like to include images with your listing, we accept the following image formats: JPEG and Gif. Images must fit within 160 pixels in the longest dimension, maximum file size15k. Please check file sizes before submitting to prevent submission errors.
2. Content
You are solely responsible for the development, operation, and maintenance of Web Sites not created by VS, which link the VS site to your site , and for all materials that appear therein, including, without
limitation:
(a) Content displayed on the VS website must be displayed in English language.
(b) Content on your web site must be available in english language when targeted from the link on the VS website.
(c) The accuracy and appropriateness of materials and information posted on the VS site are in alignment with the artistic content of VisionServer.
(d) The technical operation of your Web site and all related equipment
(e) Ensuring that materials posted on or incorporated into your site or the VS site do not violate or infringe upon the rights of any third party (including, without limitation, copyrights, trademarks, trade secrets, privacy or other personal or proprietary rights)
(f) Ensuring that materials posted on or incorporated into your site or the VS site are not libelous or illegal
(g) You agree that if VS, in its sole discretion, deems any content made available by you to be inappropriate, unacceptable, unlawful, fraudulent, offensive, obscene or otherwise objectionable, VS has the right, but not the obligation, to remove or deny access to such content. You expressly agree that VS shall not be liable to you for any action VS takes to remove or your link, nor for any action taken to restrict access to material posted violation of any law, regulation or rights of a third party, including, but not limited to, rights under the copyright law and prohibitions on libel, slander and invasion of privacy.
3. Proprietary Materials
Material accessible to you through the VS Service may be the subject of intellectual property rights of VS, including, without limitation, patents, copyrights, trademarks and trade secrets ("Marks"). You
agree not to modify, alter or obfuscate our Marks or use our Marks in a manner that disparages our services, or us or portrays our services or us in a false, competitively adverse or poor light. Your unauthorized use of our Marks is strictly prohibited. Except as expressly permitted by the owner of such
rights, you may not reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any such material. Upon termination of this Agreement and upon written request, the party in receipt of the requesting party's intellectual or proprietary property and/or information pursuant to
this Agreement shall return such information to the requesting party.
4. Prohibited Uses
(a) You expressly agree not to use the VS Service in a manner that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation. You acknowledge that prohibited conduct includes, but is not limited to, use of the Service to invade the privacy of third parties, impersonation VS personnel or other parties or entities, transmitting abusive, profane, libelous, slanderous, threatening or otherwise harassing material via e-mail, USENET, chat services bulletin boards or your Web page(s). You also agree not to use your relationship with VS to
(i) violate the security of the Service
(ii) attempt to utilize another user's account name or persona without authorization from that user.
5. User Information
(a) You certify to VS that you are not a minor, i.e., that you are at least eighteen (18) years of age; provided, however, that a minor's parent or legal guardian may authorize a minor to use his/her
account(s) under supervision of the parent or guardian.
(b) You are solely responsible for all obligations specified under this Agreement, and agree that VS will have no obligations with regard thereto.
(c) VS reserves the right to reveal any Registration Data or other information in its possession regarding users of the Services in cooperation with a request or investigation by any governmental body or governmental agency..
6. No Expectation of Privacy
You acknowledge that VS cannot ensure protection of privacy on your own Web page(s). You acknowledge that by establishing a link between you and VS, no confidential, fiduciary, contractually implied or other relationship is created between you and VS.
7. Warranty and Indemnification
You represent and warrant to VS that you will not transmit by means of the link any materials of any kind which (i) violate, plagiarize, or infringe on the intellectual property or contractual rights of any third party; (ii) are exported in violation of any law, rule, or regulation governing exports from the United States; (iii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; (iv) contain
software viruses or any other malicious code designed to interrupt, destroy or limit the functionality of any computer software or hardware. You further represent and warrant to VS that your use of the link will at all times comply with all applicable laws, rules, and regulations. You hereby agree to indemnify, defend and hold harmless VS and its employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs incurred by the Affiliates in connection with any claim arising out of any breach by you of the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. VS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of VS.
8. DISCLAIMER OF WARRANTY
THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION ACCESSED BY ANY MEANS THEREOF) IS PROVIDED AS IS,
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF NON-INFRINGEMENT. TO THE
FULLEST EXTENT PERMISSIBLE BY LAW, VS MAKES NO WARRANTIES AND SHALL NOT BE
LIABLE FOR THE USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY
INTERRUPTION OF OR ERROR IN THE SERVICES UNDER ANY CIRCUMSTANCES, INCLUDING,
BUT NOT LIMITED TO, VS'S NEGLIGENCE.
9. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL VS BE LIABLE FOR ANY SPECIAL OR
CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF,
OR THE INABILITY TO USE, THE SERVICES, EVEN IF VS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL VS'S TOTAL LIABILITY TO YOU
FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $100 DOLLARS.
10. Termination
In addition to any other rights of the parties set forth herein, either you or VS may terminate this Agreement at any time upon written notice.
11. Modifications to Agreement
VS has the right to modify this Agreement. Any modification is effective immediately upon either a posting on the VS web site (VisionServer.net), or upon notice by electronic mail, or U.S. mail. Your continued use of the VS Service following notice of any modification to this Agreement shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of VS in hosting your link, including, without limitation, (i) any change in the size or location of the link, or (ii) any change in the amount or type of Service Fees, is to terminate Services by delivering notice to VS.
Such notice will be effective upon receipt by VS.
12. General
This Agreement constitutes the agreement between you and VS with respect to the VS Calendar Service and supersedes all prior agreements between you and VS. Failure by VS to enforce any provision of this agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this agreement shall be governed by the laws of the state of Arizona (excluding its choice of law rules). You consent to personal jurisdiction in the federal and state courts of Maricopa County, Arizona for any action arising out of or relating to your use of the VS Service. The federal and state courts of Maricopa County, Arizona shall have exclusive jurisdiction over all such actions. In any such action, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including, but not limited to, its costs, both taxable and non-taxable, and reasonable attorney's fees. In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect. |
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