CENTERPOINT ART PROJECT
Terms And Conditions For Use of Site Centerpoint-Art.com and partner or affiliate sites. 10/19/2010
A. ALL USERS
1. Content
CENTERPOINT ART PROJECT, Centerpoint-Art.com hereby provides access to the information, materials and services of this website and other sites accessed through this website (hereinafter collectively referred to as "Content"), subject to the terms and conditions herein. You are permitted to access and use this website subject to your agreement to and compliance with the terms hereof.
2. Proprietary Rights
2.1 The provisions of this Section apply to writers only and not to reviewers. See "TERMS SPECIFIC TO REVIEWERS" below for details concerning CENTERPOINT ART PROJECT's use of Content posted by reviewers.
2.2 CENTERPOINT ART PROJECT.com and all applicable marks/logos/original images are trademarks.
2.3 CENTERPOINT ART PROJECT.com is a registered internet domain of CENTERPOINT ART PARTNERSHIP.
2.4 All names, products, services mentioned herein are trademarks/service marks/domains (registered or otherwise) of applicable third parties who have granted CENTERPOINT ART PROJECT the right or license to use such.
2.5 Except as permitted under United States and international copyright, trademark and other intellectual property law or by the express terms of this website, you are not permitted to copy, transmit, publish, reproduce, redistribute, modify, sell, create derivative works or publicly display, perform or distribute or otherwise use the content of this website in any way for public or commercial purposes without prior written consent of CENTERPOINT ART PROJECT or other applicable intellectual property right owners.
3. Conditions of Access/Use
3.1 Your use of this website is subject to the terms of this agreement, as updated by CENTERPOINT ART PROJECT from time to time, and the current rules and policies posted on the website, all of which are hereby incorporated by reference. We will endeavor to notify you of any changes to the Member Agreement by posting to the main page of the website and will make an effort to send a notice to the mailing lists on file. However, CENTERPOINT ART PROJECT shall not be liable for failure to note changes to the Member Agreement. The most current version of the Member Agreement is posted at the bottom of the page on the website. In the event of any conflict or inconsistency between the terms of this Member Agreement and the rules and policies posted on the website, the website rules and policies shall supersede and govern. Notwithstanding anything set forth above in this paragraph to the contrary, we will not make changes to your rights in posted work as described in Section 4 below without your consent.
3.2 As a condition of your access and use of this website, you will not access and use this website for any unlawful purpose.
3.3 You agree to abide by all applicable federal, state, local and international laws, regulations and rules, including, without limitation, tax laws, customs duties and import/export controls, and you agree that you are solely responsible for all acts or omissions associated with your access and use of this website.
3.4 You agree to abide by all the proprietary notices contained in this website.
4. Use of Content Submitted by Artists and Rights of Artists
The provisions of this Section apply to writers only and not to reviewers.
4.1 By submitting material to any public area of the website, you automatically grant CENTERPOINT ART PROJECT non-exclusive rights to display the work on the website at no charge to CENTERPOINT ART PROJECT.
4.2 You grant CENTERPOINT ART PROJECT the right, from time to time and at no charge, distribute, or make generally available to the public the immages of submitted work, your name, for the purpose of promoting your work, CENTERPOINT ART PROJECT, or the website.
4.3 You acknowledge and agree that CENTERPOINT ART PROJECT may preserve your work posted to the website and may also disclose such work if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal requirements; (b) enforce the Member Agreement; (c) respond to claims that any work violates the rights of third parties; or (d) protect the rights, property, or personal safety of CENTERPOINT ART PROJECT, its owners, operators, or third parties.
4.4 Except as specifically described above, Members shall retain all rights to the work they post to the website. CENTERPOINT ART PROJECT will not submit the work of Members for publication or sale
5. Dealings through this Website
5.2 Any dealings with parties other than CENTERPOINT ART PROJECT are exclusively between you and such other third parties. CENTERPOINT ART PROJECT shall not be responsible or liable for any part of any such dealings, including, without limitation, terms and conditions, warranties or representations associated therewith.
5.3 CENTERPOINT ART PROJECT is not and shall not be a party to any disputes between users of this site, registered or otherwise.
6. Copyrighted Material
CENTERPOINT ART PROJECT owns a copyright in all aspects of the website original to it, including, but not limited to, selection, coordination, arrangement and enhancement of the website, as well as in CENTERPOINT ART PROJECT's original content on the website.
7. Agency
If you are accessing or using CENTERPOINT ART PROJECT's website on behalf of another person or entity, you shall assume any personal liability for wrongful use of this website.
8. Service/Product Availability
8.1 This website may contain references to products or services that are not announced or available to you. You should consult the business representatives of any offering party for information regarding the goods or services that may be available to you.
9. Communications
9.1 You are permitted to communicate through or to this website (hereinafter referred to as "Communications"), provided such Communications shall not be untrue, unlawful, harmful, misleading, threatening, abusive, malicious, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of others’ privacy, hateful, or racially, ethically or otherwise objectionable.
9.2 You shall assume full responsibility for any Communications sent to or through this website, and shall not hold CENTERPOINT ART PROJECT, its parents, subsidiaries, affiliates, members and employees harmless for any liabilities incurred as a result of or in connection with your Communications. CENTERPOINT ART PROJECT shall have no obligation or liability whatsoever as to any such Communications, including, but not limited to, any Communications posted on any forums of this website.
9.3 CENTERPOINT ART PROJECT is not a party to any user-to-user Communications and shall have no obligation or liability with respect thereto. By access to, or use of this website, you understand that you may be exposed to content posted by another user that is defamatory, libelous, indecent, inaccurate, misleading, or otherwise objectionable to you, and you agree that you shall not hold CENTERPOINT ART PROJECT responsible for any such content.
9.4 9.5 CENTERPOINT ART PROJECT may, but shall have no obligation to, monitor, limit, restrict, retain or forward the content of any Communications in CENTERPOINT ART PROJECT’s sole discretion.
9.6 CENTERPOINT ART PROJECT reserves the right at all times to review, retain and/or disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request. CENTERPOINT ART PROJECT also reserves the right to change, restrict access to, suspend, or discontinue the services offered through this website, or any portion of this website, at any time and agrees to, on notice close the artists account and remove all stored records.
10. System Performance
The structure, sequence, organization and assembling of data, databases, compilations, any derivatives generated therefrom are protected content. You are not permitted to extract from this website except as expressly authorized by CENTERPOINT ART PROJECT.
B. REGISTERED USERS
11. Registration
11.1 Registration for access to and for the use of this website is free unless otherwise indicated as requiring subscriptions.
11.2 Users of this website are required to complete the website’s registration process. Your membership to the website is not transferable or assignable. You maintain full responsibility for maintaining the confidentiality of your password and account information for all activities that occur under your password or account. You shall not permit: (a) any other person to use your password or to access the website under your registered user name; or (b) any other person to access the website through a single name being made available to multiple users on a network.
You agree to: (a) immediately notify CENTERPOINT ART PROJECT of any unauthorized use of your password or account or any other breach of security by email correspondence to the administrators of CENTERPOINT ART PROJECT; and (b) ensure that you exit and log off from your account at the end of each session if your computer is subject to use by any person other than the registered user. CENTERPOINT ART PROJECT shall not be liable for your failure to comply with this section or to take appropriate security measures.
11.3 You agree to: (a) abide by the terms of all other rules and policies posted on the website; (b) to honor the requests made by CENTERPOINT ART PROJECT and its agents with respect to your activities on the website; (c) to provide CENTERPOINT ART PROJECT with accurate and complete registration information, including your age, when registering with the website; and (d) check for updates and update notices of the Member Agreement and the rules and policies posted on the website.
C. OTHER TERMS APPLICABLE TO ALL USERS
12. Notices
Any notices from CENTERPOINT ART PROJECT to you shall be deemed given if sent by email, and are deemed effective as of the date of the email.
13. Use of Adult Content
Some contributions to the website may contain adult, or otherwise mature content. Users who have stated that they are under 18 years of age should not access stories, publications, or any other postings that may contain adult or mature content. It is your obligation to promptly leave areas of the website that contain adult or mature content.
14. General Disclaimer and Disclaimer of Warranty
14.1 This website and the content provided on this website may be subject to technical inaccuracies or interruptions, errors, prior modifications, subsequent changes, withdrawal or discontinuance at any time without notice. The accuracy, completeness, security and proper functioning of this website are not guaranteed by CENTERPOINT ART PROJECT.
14.2 CENTERPOINT ART PROJECT does not warrant that this website and its linked websites are free of such items as viruses, worms, trojan horses or other destructive items. It is your responsibility to take precautions related thereto.
14.3 NO OFFER OR SOLICITATION is made by CENTERPOINT ART PROJECT herein and none may be inferred.
14.4 THE WEBSITE AND ALL FEATURES thereof are provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion under the applicable law. neither centerpoint art project, nor any of its owners, officers, directors, operators, partners, employees, agents, subcontractors, licensors, successors, assigns, affiliates, or third party suppliers (collectively “affiliated parties”) warrant that the website will be uninterrupted or free of errors; nor do they make any warranty as to the accuracy or reliability of any information obtained from the website, or any results that may be obtain from the use of the website.
15. Limitation of Liability
To The Fullest Extent Permitted By Applicable Law, in no event will CENTERPOINT ART PROJECT or its affiliated parties be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential (including, but not limited to, lost business or lost profits) or punitive damages arising out of the use of or inability to use the website, the content contained on the website, or in connection with CENTERPOINT ART PROJECT Gallery Review Program, Data Management Tools and out put from such, or the any advice or consultation by parties or affiliates listed as advisors or vendors. You specifically acknowledge that neither CENTERPOINT ART PROJECT nor its affiliated parties are liable for any defamatory, offensive, or illegal conduct of other members of the website and that the risk of injury from the foregoing rests solely with you.
The negation and limitation of damages set forth above are fundamental elements of the basis of the bargain between CENTERPOINT ART PROJECT and the user. This website would not be provided without such limitations.
In the event the above limitation of liability is prohibited by applicable law, the total aggregate liability of CENTERPOINT ART PROJECT and its affiliated parties in connection with any claim arising out of or relating to the website shall not exceed fifty u.s. Dollars ($50.00), and such amount shall be in lieu of all other remedies which you may have against CENTERPOINT ART PROJECT or its affiliated parties.
You agree to defend, indemnify and hold harmless CENTERPOINT ART PROJECT and its affiliated parties from and against all claims, damages, liability and expenses (including attorneys' fees), arising out of, or in connection with your violation of the member agreement or your use of the website, including, but not limited to, any material you post to the website or your participation in CENTERPOINT ART PROJECT public galleries.
16. Non-Exclusive Revocable License
Access to and use of this website are subject to a limited, non-exclusive, personal and revocable license from CENTERPOINT ART PROJECT which is subject to suspension, cancellation, transfer or modification at any time pursuant to the policies of CENTERPOINT ART PROJECT then in effect.
17. Indemnification
By accessing or using this website, you agree to indemnify and hold harmless CENTERPOINT ART PROJECT from any losses or damages, including, without limitation, direct, indirect, punitive, tangible or intangible, incidental, special or consequential damages, as well as expenses including, but not limited to, attorneys' fees, arising or resulting from or in any way connected with your access to this website.
18. No Assignment
Your rights and obligations hereunder are not assignable. Any attempted or actual assignment thereof by you shall be null and void unless expressly authorized in writing by CENTERPOINT ART PROJECT.
19. Governing Law
Use of and access to this website shall be governed by the laws of the State of Arizona, U.S.A., without regard to its conflict of laws principles.
20. Arbitration
Any controversy or claim by or against CENTERPOINT ART PROJECT shall be resolved by final and binding arbitration under the rules of the American Arbitration Association then in effect. Judgment upon the arbitration award may be entered in any court having jurisdiction.
21. Jurisdiction
Without diminishing the effectiveness of the arbitration clause herein, you consent to the jurisdiction of the Federal and/or State courts having jurisdiction in the State of Arizona, U.S.A., any you waive any claim of lack of jurisdiction, improper venue or inconvenient forum.
22. Severability
22.1 Each provision included herein shall be independently enforceable in accordance with its terms.
22.2 Should any provision included herein be determined to be invalid or unenforceable pursuant to applicable law, a valid and enforceable construction that is closet to the original commercial intent shall be given to and supersede such provision, and the balance hereof shall remain in effect.
23. Survival of Rights and Remedies
23.1 The rights and remedies of CENTERPOINT ART PROJECT hereunder shall be cumulative and may be exercised concurrently at CENTERPOINT ART PROJECT’s option and are in addition to the rights and remedies available to CENTERPOINT ART PROJECT at law and in equity, and shall survive the termination of your access to and use of this website.
23.2 All rights and remedies not expressly provided herein are hereby reserved by CENTERPOINT ART PROJECT.
24. Revision and Amendment
No modification or amendment of any provision of this Legal Notice shall be valid unless made in writing and signed by CENTERPOINT ART PROJECT. CENTERPOINT ART PROJECT reserves the right to revise or amend this Legal Notice at any time for any reason, and any such revision or amendment shall apply as of the date designated.
25. Independent Investigation
You acknowledge that you have read these terms and conditions carefully and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using this website, and are not relying upon any warranty, representation, guarantee, or statement other than as set forth herein.
26. Entire Agreement
By accessing this website, you agree that the terms and conditions contained in this Legal Notice (including those incorporated by reference) represent the entire understanding between CENTERPOINT ART PROJECT and you with respect to your access and use of CENTERPOINT ART PROJECT’s website, and supersede any prior or contemporaneous, conflicting or additional understanding or communications between you and CENTERPOINT ART PROJECT.
