Ownership
of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Juried Art
Services web site located at www.juriedartservices.com, and all associated
sites linked to www.juriedartservices.com by Juried Art Services (collectively,
the “Site”). The Site is the property of Juried Art Services. BY USING THE
SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT
AGREE, DO NOT USE THE SITE.
Juried
Art Services reserves the right, at its sole discretion, to change, modify, add
or remove portions of these Terms of Use, at any time. It is your
responsibility to check these Terms of Use periodically for changes. Your
continued use of the Site following the posting of changes will mean that you
accept and agree to the changes. As long as you comply with these Terms of Use,
Juried Art Services grants you a personal, non-exclusive, non-transferable,
limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code (collectively,
“Content”), including but not limited to the design, structure, selection,
coordination, expression, “look and feel” and arrangement of such Content,
contained on the Site is owned, controlled or licensed by or to Juried Art
Services, and is protected by trade dress, copyright, patent and trademark
laws, and various other intellectual property rights and unfair competition
laws.
Except
as expressly provided in these Terms of Use, no part of the Site and no Content
may be copied, reproduced, republished, uploaded, posted, publicly displayed,
encoded, translated, transmitted or distributed in any way (including
“mirroring”) to any other computer, server, Web site or other medium for
publication or distribution or for any commercial enterprise, without Juried
Art Services express prior written consent.
You
may use information on Juried Art Services products and services purposely made
available by Juried Art Services for downloading from the Site, provided that
you (1) not remove any proprietary notice language in all copies of such
documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked
computer or broadcast it in any media, (3) make no modifications to any such
information, and (4) not make any additional representations or warranties
relating to such documents.
Your
Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Site or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Site or any Content, to obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available through the Site. Juried Art Services reserves the right to bar
any such activity.
You
may not attempt to gain unauthorized access to any portion or feature of the
Site, or any other systems or networks connected to the Site or to any Juried
Art Services server, or to any of the services offered on or through the Site,
by hacking, password “mining” or any other illegitimate means.
You
may not probe, scan or test the vulnerability of the Site or any network
connected to the Site, nor breach the security or authentication measures on
the Site or any network connected to the Site. You may not reverse look-up,
trace or seek to trace any information on any other user of or visitor to the
Site, or any other client of Juried Art Services, including any Juried Art
Services account not owned by you, to its source, or exploit the Site or any
service or information made available or offered by or through the Site, in any
way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information, as
provided for by the Site.
You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of the Site or Juried Art
Services systems or networks, or any systems or networks connected to the Site
or to Juried Art Services.
You
agree not to use any device, software or routine to interfere or attempt to
interfere with the proper working of the Site or any transaction being
conducted on the Site, or with any other person’s use of the Site.
You
may not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any message or transmittal you send to Juried Art Services on or
through the Site or any service offered on or through the Site. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
You
may not use the Site or any Content for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal
activity or other activity which infringes the rights of Juried Art Services or
others.
Purchases;
Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and
to specific portions or features of the Site, including contests, promotions or
other similar features, all of which terms are made a part of these Terms of
Use by this reference. You agree to abide by such other terms and conditions,
including where applicable representing that you are of sufficient legal age to
use or participate in such service or feature. If there is a conflict between
these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms
shall control with respect to your use of that portion of the Site or the
specific service.
Juried
Art Services obligations, if any, with regard to its products and services are
governed solely by the agreements pursuant to which they are provided, and
nothing on this Site should be construed to alter such agreements.
Juried
Art Services may make changes to any products or services offered on the Site,
or to the applicable prices for any such products or services, at any time,
without notice. The materials on the Site with respect to products and services
may be out of date, and Juried Art Services makes no commitment to update the
materials on the Site with respect to such products and services.
The
following terms also govern and apply to your use of the Site, and they are
incorporated herein by this reference:
•Privacy Policy
Each of these policies may be changed from time to time and are effective
immediately upon posting such changes on the Site.
Accounts,
Passwords and Security
Certain features or services offered on or through the Site may require you to
open an account (including setting up an ID and password). You are entirely
responsible for maintaining the confidentiality of your account information,
including your password, and for any and all activity that occurs under your
account. You agree to notify Juried Art Services immediately of any unauthorized
use of your account or password, or any other breach of security. However, you
may be held liable for losses incurred by Juried Art Services or any other user
of or visitor to the Site due to someone else using your ID, password or
account.
You
may not use anyone else’s ID, password or account at any time without the
express permission and consent of the holder of that ID, password or account. Juried
Art Services cannot and will not be liable for any loss or damage arising from
your failure to comply with these obligations.
Privacy
Juried Art Services Privacy Policy applies to use of this Site, and its terms
are made a part of these Terms of Use by this reference. To view Juried Art
Services Privacy Policy, click here. Additionally, by
using the Site, you acknowledge and agree that Internet transmissions are never
completely private or secure. You understand that any message or information
you send to the Site may be read or intercepted by others, even if there is a
special notice that a particular transmission (for example, credit card
information) is encrypted.
Links
to Other Sites and to Juried Art Services
This Site may contain links to other independent third-party Web sites (“Linked
Sites”). These Linked Sites are provided solely as a convenience to our
visitors. Such Linked Sites are not under Juried Art Services control, and Juried
Art Services is not responsible for and makes no warrant, endorsement, nor
recommendation to any of the content, media, opinions or information expressed
on these Linked Sites.
Hosted
Sites
Juried Art Services hosts many different sites on its servers. Hosted sites are
defined as sites whose domain name www.whatever.com is registered through Juried
Art Services and/or site content is stored and retrieved from Juried Art
Services servers. These sites are
independently run and operated even if Juried Art Services designs and
maintains the site. Juried Art Services makes no warrant, endorsement, nor
recommendation to any of the content, media, opinions or information expressed
through its hosted sites or any of their affiliates. The ideas, opinions, and
content of the hosted sites are solely those of the primary content creators
and do not represent the views of Juried Art Services or any of its affiliates.
Any questions or comments should be directed to the primary content creators.
IN
NO EVENT SHALL JURIED ART SERVICES, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND
THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS
AND DISTRIBUTORS (COLLECTIVELY, THE "JURIED ART SERVICES ENTITIES"
AND EACH, A "JURIED ART SERVICES ENTITY") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER
DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF
PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR
INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE
CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE Juried Art Services ENTITIES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT
NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS,
ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY,
VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA
OVER OR THROUGH JURIED ART SERVICES'S SYSTEMS OR NETWORKS OR THE SYSTEMS OR
NETWORKS OF THIRD PARTIES.
Disclaimers
JURIED ART SERVICES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR
FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS
WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS.
THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JURIED
ART SERVICES CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE
SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JURIED
ART SERVICES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. JURIED ART SERVICES DISCLAIMS ANY AND ALL LIABILITY FOR THE
ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED
TO YOUR USE OF THE SITE AND/OR ANY JURIED ART SERVICES SERVICES. YOU ASSUME
TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE
REMEDY AGAINST JURIED ART SERVICES FOR DISSATISFACTION WITH THE SITE OR ANY
CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF
RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The
above disclaimer applies to any damages, liability or injuries caused by any
failure of performance, error, omission, interruption, deletion, defect, delay
in operation or transmission, computer virus, communication line failure, theft
or destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action.
Juried
Art Services reserves the right to do any of the following, at any time,
without notice: (1) to modify, suspend or terminate operation of or access to
the Site, or any portion of the Site, for any reason; (2) to modify or change
the Site, or any portion of the Site, and any applicable policies or terms; and
(3) to interrupt the operation of the Site, or any portion of the Site, as
necessary to perform routine or non-routine maintenance, error correction, or
other changes.
Limitation
of Liability
Except where prohibited by law, in no event will Juried Art Services be liable
to you for any indirect, consequential, exemplary, incidental or punitive
damages, including lost profits, even if Juried Art Services has been advised
of the possibility of such damages.
If,
notwithstanding the other provisions of these Terms of Use, Juried Art Services
is found to be liable to you for any damage or loss which arises out of or is
in any way connected with your use of the Site or any Content, Juried Art
Services liability shall in no event exceed the greater of (1) the total of any
subscription or similar fees with respect to any service or feature of or on
the Site paid in the six months prior to the date of the initial claim made
against Juried Art Services or (2) US$50.00. Some jurisdictions do not allow
limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold Juried Art Services, its officers, employees,
predecessors, successors in interest, employees, agents, subsidiaries and
affiliates, harmless from any demands, loss, liability, claims or expenses
(including attorneys’ fees), made against Juried Art Services by any third
party due to or arising out of or in connection with your use of the Site.
Violation
of These Terms of Use
Juried Art Services may disclose any information we have about you (including
your identity) if we determine that such disclosure is necessary in connection
with any investigation or complaint regarding your use of the Site, or to
identify, contact or bring legal action against someone who may be causing
injury to or interference with (either intentionally or unintentionally) Juried
Art Services rights or property, or the rights or property of visitors to or
users of the Site, including Juried Art Services clients. Juried Art Services
reserves the right at all times to disclose any information that Juried Art
Services deems necessary to comply with any applicable law, regulation, legal
process or governmental request. Juried Art Services also may disclose your
information when Juried Art Services determines that applicable law requires or
permits such disclosure, including exchanging information with other companies
and organizations for fraud protection purposes.
You
acknowledge and agree that Juried Art Services may preserve any transmittal or
communication by you with Juried Art Services through the Site or any service
offered on or through the Site, and may also disclose such data if required to
do so by law or Juried Art Services determines that such preservation or
disclosure is reasonably necessary to (1) comply with legal process, (2)
enforce these Terms of Use, (3) respond to claims that any such data violates
the rights of others, or (4) protect the rights, property or personal safety of
Juried Art Services, its employees, users of or visitors to the Site, and the
public.
You
agree that Juried Art Services may, in its sole discretion and without prior
notice, terminate your access to the Site and/or block your future access to
the Site if we determine that you have violated these Terms of Use or other
agreements or guidelines which may be associated with your use of the Site. You
also agree that any violation by you of these Terms of Use will constitute an
unlawful and unfair business practice, and will cause irreparable harm to Juried
Art Services, for which monetary damages would be inadequate, and you consent
to Juried Art Services obtaining any injunctive or equitable relief that Juried
Art Services deems necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies Juried Art Services may have at
law or in equity.
You
agree that Juried Art Services may, in its sole discretion and without prior
notice, terminate your access to the Site, for cause, which includes (but is
not limited to) (1) requests by law enforcement or other government agencies,
(2) a request by you (self-initiated account deletions), (3) discontinuance or
material modification of the Site or any service offered on or through the
Site, or (4) unexpected technical issues or problems.
If
Juried Art Services does take any legal action against you as a result of your
violation of these Terms of Use, Juried Art Services will be entitled to
recover from you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to Juried Art
Services. You agree that Juried Art Services will not be liable to you or to
any third party for termination of your access to the Site as a result of any
violation of these Terms of Use.
Governing
Law
You agree that all matters relating to your access to or use of the Site,
including all disputes, will be governed by the laws of the United States and
by the laws of the State of Florida without regard to its conflicts of laws
provisions.
