Legal Terms and Conditions
Last revised November 13, 2011
Artist Rendezvous Services. Artist Rendezvous offers content hosting and community sharing services (collectively, "Artist Rendezvous Services") to facilitate the transmission and sharing of artistic expression through, among other things:
· Artistic discovery
· Exchange of knowledge, know-how, experience, and artistic trends
· Explanation of artistic design techniques
· Exchange of views regarding artistic matters
· Development of artistic sensibility
· Promotion of artistic freedom
Artist Rendezvous allows Members to create, free of charge, personal spaces dedicated to artistic expression, such as photo galleries, galleries of paintings and drawings, and the publication of articles on artistic subjects (collectively, “Artistic Works” or “Content”).
Artist Rendezvous relies upon shared values that include, in use of the Site, a spirit of friendliness among of its Members, freedom of expression, ethics, tolerance, respect for persons, human rights, intellectual property rights, and applicable laws and regulations.
Visitors or Members. If you're just browsing the Site and haven't registered with us, you're a "Visitor." If you've gone through the steps to register, you're a "Member." In either case, you are considered to be a "User" when using the Site.
Membership. Some Artist Rendezvous Services are available only to its Members (sometimes referred to as the “Artist Rendezvous Community” or “Community”), while others are available to all Users. If you choose to register as a Member, you must click "I agree" to complete your registration. If, in the future, we make a significant change in the Terms, we may ask you to review the changes and click "I agree" again before logging in. As a Member, you will have a free, non-transferable, non-exclusive, worldwide license to utilize the software necessary for you to receive the benefits of Artist Rendezvous Services. You will also create a Member Profile to facilitate your involvement in the Community. Please be advised that Membership is void where prohibited by applicable law, even if you register.
Eligibility. You're eligible to be a Member if you confirm that:
· The information that you provide when you register is true;
· You provide a valid email address;
· You are 14 years of age or older. If you are not this old, then please do not register for membership;
· You do not break any laws when you use the Artist Rendezvous Services; and
Responsibilities. Canson expects User to respect some simple rules to help foster the community. This means:
Comply with Terms. You may use the Site and be a Member as long as you follow the Terms, including any revisions.
Create Password. If you become a Member, you'll need to come up with a password to use the Site. We suggest using numbers, symbols and letters in both lower case and upper case. Artist Rendezvous also suggest that Members adopt pseudonyms to limit the disclosure of personal and confidential information.
Termination. You may leave the community at any time you wish. Such termination will disable access to Services and result in the closing of your account. Artist Rendezvous will delete any Content, associated with your profile that would identify you to other Users. Even after Membership and/or your use of the Site is terminated, you will remain responsible for the promises you have made about your Content, and you'll be responsible for any damages that result from breaking those promises as further explained below. The Site may disable an account that has been inactive for a period of 12 months. If you need assistance deleting your profile you can email firstname.lastname@example.org.
Help. A "Help" function is provided. Members may also secure assistance via the Site’s contact form: http://artistrendezvous.cansonstudio.com/web/guest/contacts.
Cost and Pricing:
· Visiting. There is no cost to visit the Site.
· Free Membership account. Each Member gets one free account.
Groups. A Member may create one or more groups in which they become Hosts. A group may function as a “blog”. Hosts are responsible for managing their groups.
Format. If you are a Member, you may post Artistic Works consisting of files containing text, images, and photos. We reserve the right to impose limits on file sizes, bandwidth and storage space.
Prohibited Content. The Artist Rendezvous community includes people of varying ages and backgrounds. Accordingly, we strive to create a community where everyone feels welcome, which is why there are limits on the types of content that may be uploaded. The following items are prohibited:
Anything that is patently offensive or promotes racism, bigotry, hatred or physical harm of any kind against any person or group; harasses or advocates harassment of another person; exploits people in a sexual or violent manner, including child pornography; contains excessive violence, pornographic nudity, or a link to an adult or pornographic website; solicits personal information from anyone under 18; posts information that poses or creates a privacy or security risk to any person; contains or promotes something you know, or have reason to believe, is false or misleading; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates someone's rights of privacy or publicity; infringes someone's copyrights, trademarks, contract rights or any other rights of any person; involves the transmission of "junk mail," "chain letters," unsolicited mass mailing, "spimming," or "spamming"; contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page); solicits, from other Users, passwords or personal identifying information for unauthorized commercial or unlawful purposes; provides or creates computer viruses; or includes a photograph or video of another person that you have posted without that person's consent.
Your Representations. When you post Content, you are representing to Canson and all other Users that the Artistic Works are yours and that the posting and use of your Content is in accordance with the Terms and does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or human rights of any person or firm. When you create a gallery, you must affirm that its Content is suitable for persons 18 years of age and under. Canson is not responsible if Content is not yours or if you infringe on others' rights -- you will be solely responsible if there is any liability or costs if these representations are found to be false.
Monitoring Inappropriate Content and Consequences. Although we may periodically keep an eye on Content, we're not responsible for what's posted on the Site and are under no obligation to modify or remove inappropriate Artistic Works. Although Canson has no obligation to monitor Content, we may refuse to post your Artistic Works, remove your Artistic Works, terminate your Membership, or otherwise restrict your access to or use of the Site at any time for any or no reason, with or without prior notice or explanation, and without liability of any kind. For more on how we handle infringements, please see our Copyright and IP Policy.
Minors. Although the Site has a feature that will allow Members to hide certain Content from minors, Canson is unable, and assumes no responsibility, to monitor compliance. Parents are therefore encouraged to monitor their children’s use of the Site.
Rights in Content. Except as hereinafter provided,you retain all rights (if any) to any Artistic Works that you submit, post or display while using Artist Rendezvous.
License to Canson and Others. When you post Content to the site, you will be deemed to have granted to Canson a worldwide, non-exclusive, royalty-free license to copy, distribute, publicly display (e.g., post it elsewhere), reproduce and create derivative works from it anywhere, whether in print or any electronic version that exists now or is hereafter developed, and for any purpose including a commercial purpose. In addition:
Other Users. Other Users may be able to copy, distribute, publicly display, reproduce and create derivative works from it via the Site or third party websites or applications.
Manipulate Content. Artist Rendezvous may manipulate your Artistic Works including transcoding and/or reformatting Content to allow its use on the Site.
Notwithstanding the preceding provisions of this grant of license, Canson shall not, without your express authorization, exploit your Artistic Works via sale or license to third parties for consideration or profit; however, Canson is unable to control the activities of others with respect to your posted Content, and shall not be obligated to preserve or enforce your rights with respect thereto.
Retained Content. If you stop using the Artist Rendezvous Services, your Content will remain on the Site, unless you take the steps to delete your profile. Some Content such as forum discussion post threads will remain but will be listed as “anonymous”. Artist Rendezvous cannot delete all Content posted by a Member as it would delete the Content of other Members (for example: the answers in a forum discussion or other group related content).
Backups. We encourage you to always keep backups of your Content. Artist Rendezvous is not responsible if any of your Content is deleted, or if any modification, suspension, or discontinuation of the Site or services causes you to lose any Content.
Use Limitations and Violations. If you use the Site and the Artist Rendezvous Services, you are subject to limitations as provided by the Terms. Canson has the right to investigate and take appropriate legal action against anyone we think is violating the Terms. In general, you shouldn't do anything that disrupts the Site or the way it functions; or anything that interferes with other User's enjoyment of the Site; or use the Site to deceive people. Prohibited activities include:
Forging any TCP/IP packet header or any part of the header information in any posting; in any way using the Site or Artist Rendezvous Services to send altered, deceptive, or false source-identifying information; using viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; permitting the unauthorized use of or access to a computer or a computer network; interfering with the access of any User, host or network to the Site; covering or obscuring any banner advertisements on your personal profile page, or any Artist Rendezvous page via HTML/CSS or any other means, including, without limitation, any hidden or otherwise surreptitiously contained code in the Content which is unrelated to the immediate aesthetic nature of the Content; making any automated use of the system, such as, but not limited to, using scripts to send images or videos; interfering with, disrupting, or creating an undue burden on the Artist Rendezvous Services or the networks or services connected to the Artist Rendezvous Services; impersonating or attempting to impersonate another User, person or entity; selling or otherwise transferring your profile; using any information obtained from the Site in order to harass, abuse, or harm another person or entity; attempting to probe, scan or test the vulnerability of the Site or to breach any security or authentication measures; collecting or storing personal data about other Users without their permission, including collecting usernames, User I.D. numbers, and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Site; impersonating or misrepresenting your affiliation with any person or entity, through pretexting or any other form of social engineering, or otherwise committing fraud; or scraping the Site by the use of crawlers, bots or other automated mechanisms; and using the Site in a manner that violates any laws.
Advertising. The Site may be supported, at least in part, by advertising. Artist Rendezvous may place such advertising and promotions on or near your Artistic Works. The kind of advertisements we post and the way we display them are up to us.
Report Abuse. We have provided some tools on the Site - like links to "report abuse" - to let us know if you find Artistic Works offensive or if you are aware of other violations of Site rules or the Terms. You may also contact us at: email@example.com. Include in your email a URL/link at which the material in question may be located. If such misuse includes suspected infringement of copyright or other intellectual property laws, please follow the Artist Rendezvous Copyright and IP Policy.
Retained Rights. We may use some images, files, software and other things on the Site that we own or that have been licensed to us ("Artist Rendezvous Content"). Artist Rendezvous Content is ours and stays ours, but if you follow these Terms, you are entitled to use and display the Artist Rendezvous Content (excluding any software code) when you view the Site and use our Services. Except in viewing the Site, you agree that you won't copy, distribute, publicly perform, publicly display, reproduce or create derivative works from the Artist Rendezvous Content.
Relationship with Other Members. You are solely responsible for your interactions with other Members; however, Canson reserves the right to intervene for the benefit of the Community, if need be.
Host Country. Our Site is hosted in the U.S. There may be fewer protections for you in your country than in the U.S.
Export Controls. Software available in connection with the Site and services offered through the Site (the "Software") may be subject to United States export controls. No Software may be downloaded from the Artist Rendezvous Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software shall be at your sole risk.
Governing Law and Jury Trial Waiver. These Terms are governed by, and interpreted in keeping with, the laws of the Commonwealth of Massachusetts, regardless of any conflict of law provisions. You and Canson agree to submit to the exclusive jurisdiction of the courts located within the Commonwealth of Massachusetts to resolve any dispute arising out of or relating to the Site. YOU AND CANSON HEREBY EACH KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU OR IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF OR RELATING TO THE SITE. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION.
Links. The Site may contain links to other websites, wholly unrelated to Artist Rendezvous. If you click on these links, you may be leaving the Site. If so, you will be governed by the terms of the other site.
Postings by Others. We're not responsible for advertisements, applications or services that are posted on or through the Site, nor do we have any responsibility for the goods or services provided by our advertisers or via other websites or applications.
Own Risk. You acknowledge that, due to your use of the Site, you may be exposed to Content that is offensive, indecent or objectionable. Use the Site shall be at your own risk, and the Site and Services are provided "AS IS." Canson does not represent or warrant that the Site will meet your specific needs or that you'll get any particular results if you use the Site. Canson is not responsible for the conduct of other Users.
Errors, etc. While we make an effort to keep the Site up and running, we do not assume responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft or destruction, or unauthorized access to, or alteration of, any User communication, whether the result of our maintenance of the Site or any problems or technical malfunction of any network, servers, software or equipment, internet traffic or any other failure of any nature including our negligence.
Limitation of Liability. IN NO EVENT SHALL CANSON OR ARTIST RENDEZVOUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE SITE AND ARTIST RENDEZVOUS SERVICES, EVEN IF CANSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ARTIST RENDEZVOUS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTIST RENDEZVOUS FOR THE ARTIST RENDEZVOUS SERVICES DURING THE TERM OF MEMBERSHIP.
User Indemnification. If you breach any of the representations made herein regarding your rights in Content, or if your uploading of Artistic Works violates applicable law or any of the promises you have made, you agree to indemnify, defend and hold Canson, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of such breach(es) or violation(s).
Continuing Member Obligations. Even if you close your account or we terminate your Membership, you will still be responsible for indemnifying us for breaches that took place while you used the Site and Artist Rendezvous Services. Obligations you owed to us and Users of the Site which, by their nature are intended to survive closing or termination, will survive.
Binding Contract. These Terms constitute a binding contract between you and Canson.
Questions? Please contact us through the contact form at:
http://artistrendezvous.cansonstudio.com/web/guest/contacts or email: firstname.lastname@example.org.
Mail and Courier Deliveries. If you wish to correspond with us via “hard copy,” our address is:
21 Industrial Drive
South Hadley, MA 01076