- Acceptance of Terms
The StoriesToArt Website provides a marketplace that allows users to offer, sell, and buy artwork. All contracts for sale are directly between sellers and buyers, and not StoriesToArt. StoriesToArt has no control over the items advertised and does not guarantee the existence, quality, safety, or legality of the items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction or return an item. StoriesToArt and/or its third party service providers will be responsible for collecting billing and shipping information from the Customer and for verifying and processing payment for such purchases via the Site and Services prior to notifying the Artist to ship purchased Artwork to the Customer.
Content of and opinions expressed on the StoriesToArt Website and in any corresponding comments are the representations and opinions of the original authors, not of StoriesToArt. The content is provided for informational purposes and is not meant to be an endorsement or representation by StoriesToArt or any other party. You understand that all information (such as data files, written text, computer software, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the StoriesToArt Website are the sole responsibility of the person from which such content originated. You understand and acknowledge that the StoriesToArt Website may be protected by intellectual property rights which are owned by StoriesToArt or by other persons. You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on the StoriesToArt Website, either in whole or in part, unless you have been specifically told that you may do so by StoriesToArt or by the owners of rights to content of the StoriesToArt Website in a separate agreement.
StoriesToArt reserves the right (but will have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the StoriesToArt Website.
- Use of StoriesToArt Website
- Prohibited Uses
You agree not to use the StoriesToArt Website (a) in a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law; (b) to stalk, harass, or harm another individual; (c) to impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; or (d) to interfere with or disrupt the StoriesToArt Website or servers or networks connected to the StoriesToArt Website. You further agree not to (1) use any data mining, robots, or similar data gathering or extraction methods in connection with the StoriesToArt Website; (2) attempt to gain unauthorized access to any portion of the StoriesToArt Website or any other accounts, computer systems, or networks connected to the StoriesToArt Website, whether through hacking, password mining, or any other means; or (3) disclose, sell, rent, distribute, use for marketing purposes, or otherwise use the information of any other user of the StoriesToArt Website for purposes unrelated to the Services, except with the user’s prior consent.
You agree that StoriesToArt may stop (permanently or temporarily) providing the StoriesToArt Website to you or to users generally, at StoriesToArt’s sole discretion, without prior notice to you. StoriesToArt may terminate, suspend, or modify your registration with, or access to, all or part of the StoriesToArt Website, without notice, at any time and for any reason. You may discontinue your participation in and access to the StoriesToArt Website at any time by ceasing to visit or use the Site.
THE StoriesToArt WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE StoriesToArt WEBSITE IS WITH YOU, INCLUDING, WITHOUT LIMITATION, RISKS ASSOCIATED WITH THE PRESENCE OF ADWARE, VIRUSES, SPYWARE, AND/OR WORMS, ETC. SHOULD THE MATERIALS OR SERVICES PROVE DEFECTIVE, YOU, AND NOT StoriesToArt, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR. StoriesToArt EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE StoriesToArt WEBSITE (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, StoriesToArt MAKES NO WARRANTY THAT THE StoriesToArt WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE StoriesToArt WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE OR THAT DEFECTS IN THE StoriesToArt WEBSITE WILL BE CORRECTED. StoriesToArt MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE StoriesToArt WEBSITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE StoriesToArt WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE StoriesToArt WEBSITE OR FROM StoriesToArt (OR ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) (COLLECTIVELY, “THE StoriesToArt PARTIES”) SHALL CREATE ANY WARRANTY. StoriesToArt DISCLAIMS ALL EQUITABLE INDEMNITIES.
- Limitation of Liability
IN NO EVENT WILL ANY OF THE StoriesToArt PARTIES BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF ONE HUNDRED UNITED STATES (US$100.00) DOLLARS (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH THE StoriesToArt WEBSITE (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE StoriesToArt WEBSITE), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY AND EVEN IF ANY StoriesToArt PARTY HAS BEEN ADVISED (OR SHOULD HAVE KNOWN) OF THE POSSIBILITY OF SUCH DAMAGES.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above disclaimers and limitations of liability may not apply to you. To the extent that any StoriesToArt Party may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of the StoriesToArt Party’s liability will be the minimum permitted under such applicable law.
- Modifications to StoriesToArt Website
StoriesToArt reserves the right to modify, suspend, or discontinue the StoriesToArt Website at any time without notice to you.
- User Submissions
Certain areas of the StoriesToArt Website may permit you to submit feedback, information, data, text, software, sound, photographs, graphics, video, messages, or other materials (each, a “User Submission”). By submitting a User Submission, the contributor agrees to give StoriesToArt a transferable, non-exclusive, fully-paid, worldwide, license (sublicensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that StoriesToArt deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service).
StoriesToArt reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. StoriesToArt may, but is not obligated to, pre-screen User Submissions or monitor any area of the StoriesToArt Website through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. StoriesToArt is not required to host, display, or distribute any User Submissions on or through the StoriesToArt Website and may remove at any time or refuse any User Submissions for any reason, including failure to meet quality standards. StoriesToArt is not responsible for any loss, theft, or damage of any kind to any User Submissions. StoriesToArt does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that StoriesToArt will be free to disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient. StoriesToArt does not guarantee you will have any recourse through StoriesToArt or any third party to edit or delete any User Submission you have submitted. By posting you agree to be solely responsible for the content of all information you contribute, link to, or otherwise upload to the website and release StoriesToArt from any liability related to your use of the Website.
By submitting any User Submission, you represent and warrant that:
- you are at least 18 years old;
- you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording in your User Submissions) or you have acquired all necessary rights in your User Submissions to enable you to grant to StoriesToArt the rights in your User Submissions described herein;
- you are the individual represented in your User Submissions or, alternatively, you have obtained permission from each person (including consent from parents or guardians for any individual under the age of eighteen (18)) who is represented in your User Submissions to grant the rights to StoriesToArt described herein and to represent the person herein;
- your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- you voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- any information in your User Submission is not known by you to be false, inaccurate, or misleading;
- your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- your User Submission is not, and may not reasonably be considered, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own or those you are otherwise duly authorized to use and make public);
- your User Submission contains no viruses, worms, spyware, adware, or other potentially damaging programs or files;
- your User Submission contains no information that you consider confidential, proprietary, or personal;
- your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized solicitation, including for products or suppliers which have not been properly registered to utilize the StoriesToArt Website;
- you are solely responsible for the content of all information you contribute, link to, or otherwise upload to the StoriesToArt Website; and
- you release and indemnify StoriesToArt and sponsors of the StoriesToArt Website from any claims and/or liability related to your use of those Websites.
- Links to Third-Party Websites
Some links on the StoriesToArt Website may link to third-party sites. Such links are provided solely as a convenience to you. If you use these links, you will leave the StoriesToArt Website. StoriesToArt is not obligated to review such third-party websites, does not control such third-party websites, and is not responsible for any such third-party websites or their content (or the products, services, or content available through the same). If you access any of the third-party websites linked to from the StoriesToArt Website, you do so entirely at your own risk.
- Linking to this Site
You may create links to this Site from other websites, but only under the following terms and in compliance with all applicable laws.
Absent StoriesToArt’s written authorization otherwise, a website that links to this Site:
- may link to, but may not replicate, any content of the StoriesToArt Website (including any StoriesToArt logo);
- may not create a browser or border environment around any content of the StoriesToArt Website;
- may not imply that StoriesToArt endorses such website or any products, services, or content available through such website;
- may not misrepresent its relationship with StoriesToArt;
- may not present false or misleading information about StoriesToArt, its products, or its services;
- may not contain content that could be construed as distasteful, offensive, or controversial; and
- may contain only content that is appropriate for all age groups.
StoriesToArt and other product or service names, slogans, or logos in the StoriesToArt Website are trademarks of StoriesToArt or Site users and may not be copied, imitated, or used, in whole or in part, without the prior written permission of StoriesToArt or the trademark holder. Ownership of all such trademarks and the goodwill associated therewith remains with StoriesToArt or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing any name, trademark, or product or service name of StoriesToArt without StoriesToArt’s prior written permission. In addition, the look and feel of the Site (including all page headers, custom graphics, button icons, and scripts) is the service mark, trademark, and/or trade dress of StoriesToArt and may not be copied, imitated, or used (in whole or in part) without StoriesToArt’s prior written permission. Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by StoriesToArt.
- Procedure for Making Claims of Infringement
StoriesToArt respects the intellectual property rights of others. Accordingly, StoriesToArt has a policy of removing User Submissions that violate copyright law, suspending access to the StoriesToArt Website (or any portion thereof) to any user who uses the StoriesToArt Website in violation of copyright law, and/or terminating in appropriate circumstances the account of any user who uses the StoriesToArt Website in violation of copyright law. Pursuant to Title 17 of the United States Code, Section 512, StoriesToArt has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. If you believe your copyright or other intellectual property right is being infringed by a user of the StoriesToArt Website, please provide written notice to the following StoriesToArt agent for notice of claims of infringement:
P.O. Box 343
Earlysville, VA 22936
Your written notice must: (a) contain your physical or electronic signature; (b) identify the copyrighted work or other intellectual property alleged to have been infringed; (c) identify the allegedly infringing material in a sufficiently precise manner to allow StoriesToArt to locate that material; (d) contain adequate information by which StoriesToArt can contact you (including postal address, telephone number, and e-mail address); (e) contain a statement that you have a good faith belief that use of the copyrighted material or other intellectual property is not authorized by the owner, the owner’s agent, or the law; (f) contain a statement that the information in the written notice is accurate; and (g) contain a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright or other intellectual property right owner.
- International and Export Issues
StoriesToArt makes no representation that the StoriesToArt Website is appropriate or available for use outside the United States and access to the StoriesToArt Website from territories where its contents are illegal or restricted is prohibited. If you choose to access the StoriesToArt Website from outside the United States, you do so on your own initiative and are responsible for compliance with applicable laws.
- Electronic Communications
When you visit the Site or send e-mails to StoriesToArt, you are communicating with StoriesToArt electronically. StoriesToArt may respond to you by e-mail or by posting notices on the Site. You agree that all such notices, disclosures, and other communications that StoriesToArt provides to you electronically satisfy any legal requirement that such communications be in writing.
- Change of Control