WorldArtPortfolio.com Terms of Service and Use (TOS)
These terms are set forth to protect the Individual Artists, Galleries, Organizations, and the creator of WorldArtPortfolio.com.
WorldArtPortfolio.com respects the intellectual property of others, and ask our users to do
the same. WorldArtPortfolio.com may, in appropriate circumstances and at its discretion,
terminate the accounts of users who infringe the intellectual property rights of others.
WorldArtPortfolio.com currently provides users with access to a rich collection of on-line
resources, including, various communications tools, online forums, personalized content and promotion.
Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of new
WorldArtPortfolio.com properties, shall be subject to the TOS.
You understand and agree that
the Service is provided "AS-IS" and that WorldArtPortfolio.com assumes no responsibility for
the timeliness, deletion, mis-delivery or failure to store any user communications
or personalization settings.
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 portfolios hosted
on WorldArtPortfolio.com may
adult or mature content.
You must be at least 18 years of age to post mature works of art.
It is considered the Parent's responsibility as to what they wish their child to
view on the internet.
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Terms for Artist Portfolios
@ WorldArtPortfolio.com
ARTISTS: In consideration
of your use of the * Service,
you agree to:
(a) provide true, accurate,
current and complete information
about yourself as prompted by
the webmaster.
(b) promptly update the webmaster to keep it true, accurate, current and complete.
(c) protect your personal information.
WorldArtPortfolio.com cannot
and will not be liable for any
loss or damage arising from
your failure to do.
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
from which such Content originated. This means that you, and not WorldArtPortfolio.com, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. WorldArtPortfolio.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. Under no circumstances will WorldArtPortfolio.com be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
* upload, post, email, transmit or otherwise make available any Content that
is unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, libelous, an invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
*harm minors in any way;
*impersonate any person or entity, including, but not limited to, A WorldArtPortfolio.com *Administrator, a Gallery, Museum, or falsely state or otherwise
*misrepresent your affiliation with an artist, gallery, museum, or WorldArtPortfolio.com;
*forge headers or otherwise manipulate identifiers in order to disguise the
origin of any Content transmitted through the Service;
*upload, post, email, transmit or otherwise make available any Content that
you do not have a right to make available under any law or under
contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part o
f
employment relationships or under nondisclosure agreements);
*upload, post, email, transmit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights ("Rights") of any party;
*upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," or any other form of solicitation.
Promotion of your portfolio is allowed, but not in a mass mailing nor in the manner of spamming.
*upload, post, email, transmit or otherwise make available 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;
. 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;
*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;
*"stalk" or otherwise harass another; or
collect or store personal data about other users.
*You agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Service, use of the Service, or access
to the Service.
You acknowledge that WorldArtPortfolio.com may establish general practices and limits
concerning use of the Service, including without limitation the maximum number
of days that email messages, message board postings or other uploaded
Content will be retained by the Service, the maximum number of email
messages that may be sent from or received by an account on the Service,
the maximum size of any email message that may be sent from or received by an
account on the Service, the maximum disk space that will be allotted on
the WorldArtPortfolio.com server on your behalf, and the maximum number
of times (and the maximum duration for which) you may access the Service in a given period of
time. You agree that WorldArtPortfolio.com has no responsibility or liability for the deletion or
failure to store any messages and other communications or other Content
maintained or transmitted by the Service. You acknowledge that WorldArtPortfolio.com
reserves the right to log off accounts that are inactive for an extended period of
time, or whose email address is no longer valid. You further acknowledge that
WorldArtPortfolio.com reserves the right to change these general practices and limits at any time,
in its sole discretion, with or without notice.
You acknowledge that WorldArtPortfolio.com does not pre-screen Content, but that WorldArtPortfolio.com
and its designer shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is
available via the Service.
Without limiting the foregoing, WorldArtPortfolio.com and its designeer 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. In this regard, you acknowledge that you may not rely on any
Content created by WorldArtPortfolio.com or submitted to WorldArtPortfolio.com,
including without limitation information WorldArtPortfolio.com Message Boards, and in all other parts of
the Service.
WorldArtPortfolio.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 WorldArtPortfolio.com shall not be liable to you
or to any third party for any modification, suspension or discontinuance of the Service.
You will receive a password and account designation upon completing the
Service's registration process. You are responsible for maintaining the
confidentiality of the password and account, and are fully responsible for all
activities that occur under your password or account. You agree to (a)
immediately notify WorldArtPortfolio.com of any unauthorized
use of your password or account
or any other breach of security, and
You agree that WorldArtPortfolio.com, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any
Content within the Service, for any reason, including, without limitation, for lack
of use or if WorldArtPortfolio.com believes that you have violated or acted inconsistently with
the letter or spirit of the TOS. WorldArtPortfolio.com may also in its sole discretion and at any
time discontinue providing the Service, or any part thereof, with or without
notice. 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 WorldArtPortfolio.com may immediately deactivate or delete your account and
all related information and files in your account and/or bar any further access to
such files or the Service. Further, you agree that WorldArtPortfolio.com shall not be liable to
you or any third-party for any termination of your access to the Service.
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 WorldArtPortfolio.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 WorldArtPortfolio.com has no control over such sites
and resources, you acknowledge and agree that WorldArtPortfolio.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 WorldArtPortfolio.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.
You acknowledge and agree that WorldArtPortfolio.com may preserve Content and may also
disclose Content only 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
process; (b) enforce the TOS; (c) respond to claims that any Content violates
the rights of third-parties; or (d) protect the rights, property, or personal safety
of WorldArtPortfolio.com, its users and the public.
Other wise your information and images will not be distributed.
You understand that the technical processing and transmission of the Service,
including your Content, may involve
(a) transmissions over various networks;and
(b) changes to conform and adapt to technical requirements of connecting
networks or devices.
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INDEMNITY
You agree to indemnify and hold WorldArtPortfolio.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 Content you submit, post, transmit or make available through
the Service, your use of the Service, your connection to the Service, your
violation of the TOS, or your violation of any rights of another.
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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 WorldArtPortfolio.com or
advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create
derivative works based on the Service, images within the service, or the Software, in whole or in part.
WorldArtPortfolio.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 WorldArtPortfolio.com for use in accessing the Service.
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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. WORLDARTPORTFOLIO.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.
WORLDARTPORTFOLIO.COM MAKES NO WARRANTY THAT (1) THE SERVICE WILL
MEET YOUR REQUIREMENTS, (2) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3)THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY
OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH
THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (5)
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 WORLDARTPORTFOLIO.COM OR THROUGH
OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
You also agree to:
Allow WorldArtPortfolio.com to display your images only within the WorldArtPortfolio.com
web site.
Allow WorldArtPortfolio.com to display your images within the "Featured Artist of the
Moment" random artist portfolio generator located at
http://www.worldartportfolio.com/default.asp.
Any other pages within WorldArtPortfolio.com for artist promotion purposes.
Tell people about your portfolio at WorldArtPortfolio.com. Although the site itself is promoted,
each individual is not. (Exceptions: Custom Portfolios, gallery portals, Exhibitions, gallery sites)
Word of mouth is still the most powerful communication tool that exists.
Abide by the set guidelines for portfolio content, whether stated within this document
or within the Artist Control Panel, or the help files linked from the Artist Control Panel.
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Rules Specific to the Artist Control Panel
Files of type JPEG (*.jpg or .jpeg) or GIF (*.gif) may be uploaded only.
Files of type .EXE (exucutable or application files) are strictly prohibited.
By permission only will other file types be accepted.
You may only use HTML in a field when stated in that field's corresponding help file.
You may only use the HTML codes stated in the help file.
Links leading outside of WorldArtPortfolio.com are prohibited.
Again, please abide by these rules and those stated within the help files.
It is recommended that you read all help files before posting your work.
These help files are designed to answer most questions you may have about file size, HTML, and possible causes for errors.
Ignoring these guidelines purposefully will result in a portfolio being suspended pending correction.
Continued Ignorance will lead to a portfolio being deleted from the system.
If you provide any information that is untrue, inaccurate, not current or incomplete, or
WorldArtPortfolio.com has reasonable grounds to suspect that such information is untrue
,
inaccurate, not current or incomplete, WorldArtPortfolio.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).
Upon supplying the webmaster with any information, including images, it is agreed that you do
not hold the webmaster and/or WorldArtPortfolio and/or related service providers liable for any misuse of this
website, any written, electronic or other type of contact that you may receive as a result of the
service, nor any disruption/unavailability of the service. It also agreed that you cannot hold us
responsible for a machines malfunction or failure to operate, Digital misrepresentation of your art
work or any other stuff that computers and web servers and machines do.
WorldArtPortfolio.com is concerned about the safety and creative rights of all its users,
particularly the Individual Artists, Galleries, and Organizations.
WorldArtPortfolio.com is also concerned about the safety and well - being of children and as
such portfolios/images nor resumes containing contact information for a minor will be accepted without
the proper written ( non-electronic ) consent of the parent or guardian.
This document which must be signed, dated and witnessed must include the following:
You the parent/guardian of artist applicant fully acknowledge the use and terms of this
document, located at http://www.worldartportfolio.com/terms.asp, and do give permission for the
minor to contact worldartportfolio.com to inquire about this service.
Although WorldArtPortfolio.com does promote the website and the contents. You will not hold
liable the webmaster and/or WorldArtPortfolio and/or related service providers for any misuse of this website, any
written, electronic or other type of contact that you or your minor may receive as a result of the
service, nor any disruption/unavailability of the service.
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WorldArtPortfolio.com Service
Use and Guidelines for
Posting to the Link Directory
Please
be aware that initial acceptance
of your link in the category
specified does not guarantee
that it will remain in
that category or within
the system. This is a human
- edited link directory,
and WorldArtPortfolio.com
reserves the right to move
or remove any links, at
any time deemed necessary
to do. Your understanding
and cooperation is appreciated.
In consideration of your
use of the *Service, you
agree to:
(a) provide true, accurate,
current and complete information
about yourself and/or Organization.
(b) provide a complete
(no more than 250) word
description about your
opportunity, website listing,
organization, announcement,
or any other type message
posted.
(c) you will not use this
web site to Spam or otherwise
harass the artists, galleries,
organizations nor attempt
to hack, or disrupt service,
either to the artists or
the web site itself.
(d) you will not copy nor
attempt to copy any part
of this web site, nor claim
any part of it as your
own. You will not attempt
to *represent, nor affiliate
yourself with any artist,
nor
WorldArtPortfolio.com without
proper consent/payment.
(e)you will not attempt
to add multiple links to
your site. Yes, we understand
that the structure of your
site may allow for several
qualifying links, but we
would like to keep the
directory as clean of duplicate
links as much as possible.
*This does not include
creating hyperlinks from
your web site to WorldArtPortfolio.com
Opportunities and Gallery
Listings
Please do not post personal
portfolios or a virtual
gallery of your own design
in the Gallery/Museum listings,
unless you are representing
artists other than yourself.
These types of links are
for the artists link directory.
The posting of galleries
is for commercial galleries
and museums. If you are
in question about this,
please feel free to contact
WorldArtPortfolio.com.
Please do not post to the
Opportunities listing if
you are offering services
similar to those found
at WorldArtPortfolio.com.
Addition to your art
community will not be considered
an opportunity.
The posting of Opportunities
may be used for Competition
announcements (The above
still applies), Grant opportunities,
Calls for Submissions (again,
the above applies), Job
opportunities, Internships,
etc. .
If you are in question
about this, please feel
free to contact WorldArtPortfolio.com.
Flagged and Banned URLS
You will be warned when
the URL specified has remarkable
similarity to 1 or more
entries existing in the
link directory.
Please do not replicate
links.
Duplicate links will
be removed and the URL
or Domain may be BANNED.
The link directory is not
for links to individual
pages on your site, but
to your domain. You may
specify a specific page
on your site, but only
one link to your site will
be accepted.
If your URL has been FLAGGED
and duplicates continue,
your URL and possibly your
domain name will be BANNED
from being posted to the
link directory.
Thank you for your cooperation
and understanding.
If you use free hosting
services and the link is
indeed not duplicated,
you may ignore the resulting
warning message.
A warning message may also
be displayed if your domain
name is contained within
or extremely similar
to another domain already
listed.
Once your link
has been added, a message
will been sent to the email
address you specified containing
a userid and password that
will allow you to login
and modify aspects of your
link.
WorldArtPortfolio.com reserves the right to delete any post in any of it's forums for any reason deemed necessary.
This document may be updated at any time and without notice.
*The term Service meaning portfolio hosting @ WorldArtPortfolio.com
*WorldArtPortfolio.com currently meaning Andrew Cooper, any moderators assigned, and the hosting provider.
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