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Art For Sale |
Important! Visiting, Registration and/or Maintaining an Account with AVenues Internet Services, with or without payment, implies acceptance of the terms defined in AVenues Internet Service's service agreement. Please read the agreement carefully. There are restrictions and limitations on the types of web sites, icons, objects, images and/or other material that AVenues Internet Services will allow to be represented through this service. Revised June 1, 2008 Definitions: For the purpose of this Agreement, 1)The ("Service Provider") is AVenues Internet Services, a California Company, based in San Jose, CA, USA; 2) A ("Subscriber") is a person, business or other entity who maintains an open account with the Service Provider for Services provided by its web site ("Site"); 3) A ("User") is either of a Subscriber and/or any person, business or other entity who visits or accesses the Service Provider's Site, either through direct personal access or through the use of software devices including, but not limited to 'bots', 'spiders' and any other automated or manual methods of access currently known or that shall become known at or during any time that this Agreement is in force. As allowed by applicable law, Subscribers to and/or Users of the Service Provider's web site ("Site") agree to be bound and governed by this User Agreement ("Agreement") while participating in Site Pages, Bulletin Boards, Forums and Services provided by the Service Provider. This Agreement may be accessed by clicking Service Agreement in side bars, header tabs and at the bottom of almost every page on the Site, excepting those accessed from the Login Menu. Please take the time required to carefully read and evaluate this agreement. Do not use this Site, if you can not agree with the rules, regulations, terms and/or conditions of this Agreement. The rules, regulations, terms and/or conditions governing this Site are subject to revision or change without notice. The date of the most current revision will appear at the top of this page. Continued access to the Site and/or maintenance of an open account or registration by a Subscriber and/or User, constitutes acceptance of these rules, regulations, terms and/or conditions as set forth herein, including any revisions, modifications and/or changes made hereto. Failure to comply with the rules, regulations, terms and/or conditions of this Agreement, whether listed herein or presented elsewhere in the Site, constitutes a Breach of Agreement ("Breach"). Any Breach may result in immediate suspension or cancellation of open Accounts, Services and removal of Materials from the Site without refund or notice, and may include other remedies to the Service Provider as provided by law.
Release from Liability:While the Service Provider shall make reasonable efforts to ensure that Subscribers to its Site comply with its rules, regulations, terms and/or conditions, 1) Subscriber and/or User agrees to hold Service Provider free from harm and/or liability for suspension or cancellation of Service, refusal of refund after cancellation and explicity, Subscriber shall hold Service Provider free from any and all harm and/or liability for the content of Subscriber's materials and/or Subscriber's own web site or service content, Subscriber's Products, Services and performance of same, as made available by Subscriber to Users through Service Provider's Site; Indemnification: 1) Subscriber and/or User agrees to indemnify, defend and hold free from liability, the Service Provider, its partners, affiliates, officers, employees, agents, representatives and third party service providers for all claims and liabilities resulting from use of this Site ( including attorny's fees ) which may ensue from Subscriber submitted materials, Subscriber web site content, Subcriber exposure of email addresses, phone numbers and addresses, Susbcriber commited Copyright and Intellectual Property Right infringement and/or plagierism, or any Breach of this Agreement. Intellectual Property Rights: 1) Site content, text, code, graphics, images, modules, video, audio, design, organization, pop-ups, compilation, look, feel and all other protectable intellectual property, excluding materials provided by Subscribers, is the protected intellectual property of the Service Provider and shall not be copied, duplicated, assimilated, reverse engineered, sold, transferred, published, distributed or retransmitted without explicit written consent of the Service Provider; 2) The materials provided to the Service Provider from Subscribers for inclusion on the Service Provider's Site are accepted to be the intellectual property of the Subscriber providing them or that the Subscriber has provided proof that they are authorized to act as an agent for the owner of those rights. The Subscriber assumes full responsibility for these materials and their publication on the Service Provider's Site and the Service Provider shall be held free of any and all harm and/or liability for those materials. Refer to the paragraphs on Copyright Infringement and Plagierism for additional rules, regulations and terms and/or conditions related to Copyrights and Intellectual Property Rights. Copyright and Intellectual Property Rights Infringement and Plagierism: 1)The Service Provider may suspend or cancel Subscriber Service, Accounts and Registration, removing all materials without notice or refund, should it determine that materials submitted by the Subscriber infringe upon the Copyrights or Intellectual Property Rights of others. 2) Users who conclude that a Subscriber has infringed upon their Copyright or Intellectual Property Rights, either by way of materials submitted to the Service Provider or through linkage to another web site that contains materials that infringe upon their Copyright or Intellectual Property Rights, shall alert the Service Provider in written complaint, detailing the facts regarding the infringement ( as detailed in Title II, The Online Copyright Infringement Liability Limitation Act of the Digital Millenium Copyright Act (DMCA), 17 U.S.C. sec 512): i) A physical or electronic signature of the person or entity authorized to act on behalf of the owner of the Copyright or Intellectual Property Right, ii) A statement identifying the items claimed to be infringed upon or plagierized or the items or activities on the Subscriber's web site claimed to be infringed upon or plagierized, iii) reasonable contact information to allow the Service Provider to contact the User making the complaint, iv) A good faith assurance that the User believes that the use of the items specified as infringing or plagerized is not authorized by the Copyright or Intellectual Property Owner, its agent(s) or by law, and v) an assurance that the information reported is accurate and under penalty of perjury, the User raising the complaint is authorized to act on behalf of the owner of the infringed Copyright or Intellectural Property Right. Additionally, User agrees to provide Service Provider and Subscriber, reasonable time to arbitrate and resolve the complaint. 3) By posting materials to the Service Provider's Site, Subscriber and or User authorizes and permits Service Provider to include, render and make available on its Site, Copyrighted and/or other Intellectual Property owned by and submitted by the Subscriber, and Subscriber assumes sole responsibility and liability for ownership of Copyright and/or Intellectual Property submitted. 4) Subsriber and/or User agrees that the Service Provider may preserve any materials submitted by Subscriber and/or User in order to make those materials available to appropriate law enforcement or legal agencies as required to resolve complaints and/or violations of local, state, national or international law. Material Restrictions, Prohibitions and Limitations: The Service Provider reserves the right to suspend or cancel Subscriber Service, Accounts and Registration, removing all materials without notice or refund or refuse Service to newly registering Subscribers, with materials either already posted or wanting to post materials to its Site for any of the following reasons: 1) Material is known to infringe upon the Copyrights or Intellectual Property rights of another and without appreciable proof of authorization by the owner of those rights; 2) Material is found upon inspection to harbor electronic viruses, worms, trojans, spyware or other malicious software components, both currently known or which become known at or during any time that this Agreement is in force; 3) Materials promoting and/or linking to web sites that promote social behaviors or activities that the Service Provider determines to be detrimental to the public good and/or its Site, such that those materials and web sites are found to be lacking in good taste or ethics, that incorporate material or access links including, but not limited to those that advocate, support or condone terrorism, crimes against humanity, violence, harm or oppression against women, children, animals, persons of other races, nationalities, religions or faiths or beliefs, fraud, traffic in illegal, stolen, inferior or unservicable materials and/or property, statements or comments capable of creating or fomenting regional or international incidents of violence or unrest, criminal behavior or activity, hard core pornography, pedophilia, explicit sexual content that can not be classified as artistic, documentary or simple R-rated adult entertainment in nature, illegal recreational drug or narcotic usage, defamatory and offensive statements, text or images, slander and/or extremely vulgar and tasteless jokes, images or caricatures; 4) Materials, web links and other content, determined at the Service Provider's sole descretion, to be unsuitable for inclusion on the Site; 5) Materials, embedded objects, animations, video or other devices which on mouse-over, initiate audio, expand, pop-up, animate and/or overlay over the materials of other Subscribers in a manner considered agressive, rude and/or unfair. Such materials should be modified to only initiate audio, video, expand, pop-up, animate and/or overlay over other Site content via a button click or other method such that the User must specifically intend to initiate the action. 6) Objects which can not currently be technologically supported by the Service Provider's Site, 7) Lack of resources, computing power, disk space, database limitations, web page constraints, should such resource limitations become apparent to the Service Provider. Privacy: 1) Service Provider shall maintain Registration and Account information as required of its Subscriber and provide Subscriber Password and other protections to ensure the privacy of the information submitted by Subscriber. 2) Service Provider shall maintain the privacy of any information provided by Subscribers and/or Users through contact, including, but not limited to Registration, Account, mail and email submissions. 3) It is the policy of the Service Provider not to utilize any information provided by any Subscriber and/or User, except to implement the functionality of the Site, posting of materials, collecting payments and maintaining the rules regulations, terms and/or conditions of this Agreement. No information provided to the Service Provider shall be sold, traded or made public, unless otherwise stated in this Agreement. 4) Subscriber shall take responsibility for and shall not share or compromise Subscriber Registration, Account or Password information. Should Subscriber share knowledge of Password, Registration or Account with orther persons or within an organization, Subscriber shall be solely responsilble for the confidentiality of Password, Registration and Account privacy. Subscriber is obligated to change password and notify Service Provider immediately if Subscriber believes Password, Registration and/or Account have been compromised. 5) Subscriber shall be solely responsible for exposure of email addresses, phone numbers, addresses and any other information through the materials submitted for posting on this site and the web sites linked to by subscriber submitted materials; and Subscriber represents themselves as sole authority for and owning rights to those email addresses, phone numbers, addresses and other materials which they expose through materials submitted to this site.6) If User and/or Subscriber activities, materials or web site are determined to promote, include, engage in or otherwise advocate acts of terrorism, crimes against humanity, violence against women, children, animals, persons of other races, nationalities, religions or faiths or beliefs, fraud, traffic in illegal or stolen materials and/or property, criminal behavior or activities, the spread of computer virues, worms, spy-ware and/or other malicious software devices and/or methods, denial of service attacks and attempts to extort monies through denial of service attacks or other methods, Subscriber and/or User as not prohibited by applicable law, agree herewith to waive or forfeit the privacy of information held by Service Provider for Subscriber and/or User to civil authority, law enforcement agencies, both national and international, the Homeland Security Agency, National Security Agency and intelligence services of the United States of America and/or to private investigative services and furthermore to hold Service Provider harmless and free of any liability for such forfeiture of privacy. 7) Should any legal authority or entity of or within the State of California and/or The United States of America, present demand for Subscriber and/or User information and hold authority by warrant, writ or law to obtain Subscriber and/or User private information, Service Provider shall comply with the legal requirement to present such information to that authority and Subscriber and/or User shall hold Service Provider harmless and free from liability for any such provision of information to such authority. Service Charges, Fees and Payments: 1) Service Provider shall publish Service Charges, Promotional Discounts and other Fees on the Site. 2) Subscribers shall register account information, password protection and add selected service items as defined by Service Provider. 3) Payments for Charges and Fees shall only be made as instructed, in the method or methods stated or outlined as part of the registration process. 4) Service shall not be activated until registration is properly completed, materials are received and pass screening and payments are received, deposited and cleared. 5) If payment is made on insufficient funds, Service will not be activated until payment plus an additional $20.00 insufficient fund fee is resubmitted by money order or cashier's check only, and is redeposited and clears. Submission of Materials: 1) Materials may only be submitted in accordance with instructions as stated or outlined in the registration process. 2) Service will not be activated until i) Payment is received and clears, ii) materials are received and are screened for viruses, worms, spyware, spam generators and other malicious software devices, iii) the Subscriber specified commencement date is reached. If activation is delayed until after the specified commencement date, activation will commence when payment is received and cleared and the submitted materials are screened and found to qualify for posting and the duration or termination date for the service will be adjusted accordingly. 3) Submission of materials containing or harbouring malicious software or linking to web sites incorporating or harbouring malicious software will not be tolerated on the Site. If the submitted materials or a web site linked to by the submitted materials, contain or harbour malicious software of any kind, materials will not be posted, payment, refund and privacy may be forfeit, and law enforcement and justice authorities will be notified and brought to bear upon the submitter of any such materials. Delay or Rufusal to Activate Service: 1) Subscriber and/or User shall hold the Service Provider harmless and free of liability for any delay in activating or refusal to activate Service. 2) Subscriber and/or User further acknowledge responsibility for properly registering, providing payment and qualifying materials in a timely manner such that any potential for delay or refusal of service is minimized, if not avoided. Additional Rules and Regulations: 1) Subscriber and/or user shall not use the Site or Service for any criminal or unlawful purpose; 2) Subscribers shall not post materials or links to any web site containing material restricted, prohibited or exceeding the limitations for the Site; 3) Subscriber shall not assign, convey, sell, subcontract or delegate Subscriber rights, responsibilities, duties or obligations for Registration, Accounts, Payments, Submitted Materials and/or links to any web site from the Service Provider's Site; 4) Users acknowledge that the Service Provider is not responsible for the content of Subscriber materials or the content of any web site that the Subscriber or materials posted by the Subscriber provide links to, and shall hold Service Provider harmless and free from liability for the content of all Subscriber materials, postings and the content of any web site linked to by any subscriber from the Service Provider's Site, including, but not limited to offensive, illegal and inflamatory materials, viruses, worms, spyware, generators of spam and other malicious software devices or methods; 5) Subscribers and/or Users shall not mine the Site for email addresses via automated or manual means; 6) Subscribers and/or Users shall not introduce materials containing computer viruses, worms, bots, spiders, spy-ware, spam generators or any other malicious software device, code or method onto the Site. 7) Subscriber and/or User shall not copy, duplicate, assimilate, sell, trade, transfer, publish, distribute or retransmit any portion of the Site, including the posted materials of other Subscribers, including all page content, text, graphics, artwork, images, links, source code, pop-ups, look, feel, trademarks, names and software technology and devices. 8) Users shall not attempt repeated logins by automated or manual means, either to attempt cracking of passwords or to use up, damage or vandalize Site resources or implement denial of service attacks. 9) Subscribers and/or Users shall not post defamatory comments or text slandering the Service Provider or its service on the Site or any web page linked to from the Site. FORCE MAJEURE: 1) Should any cessation, interruption or delay occur in the performance of Service Provider's obligations due to conditions, events or forces beyond Service Provider's control, including, but not limited to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, denial of service attacks, computer viruses, bots, spiders and/or other malicious attacks, armed conflict, loss of supporting services from other parties, including, but not limited to web hosts, utilities, telephone, or due to embargos, strikes or other trade or service cessations put in force by any government, controlling agency or union, neither Service Provider nor Subscriber and/or User shall hold the other responsible or liable for any damages or losses caused by any such cessation, interruption or delay; 2) The Service Provider shall not be required to inform Subscriber or User of its Site of any such cessation, interruption or delay, unless requested in writing, to provide explanation after the occurance of any such event or loss of Service; 3) The Service Provider may terminate this Agreement entirely should any such cessation, interruption or delay cause any portion of its Site and/or Service to be irrecoverably lost. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY: SUBSCRIBER AND/OR USER ACKNOWLEDGES THAT SERVICE IS USED AT OWN RISK; THE SITE IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS AND THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SITE. SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SITE. THE SERVICE PROVIDER, ITS AFFILIATES AND ITS THIRD-PARTY PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THIS AGREEMENT, THE PROVIDING OF SERVICES HEREUNDER, THE SALE OR PURCHASE OF ANY GOODS OR MERCHANDISE, YOUR ACCESS TO OR INABILITY TO ACCESS THE SERVICE, INCLUDING FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE, YOUR USE OF OR RELIANCE ON THE SERVICE OR ANY OF THE MERCHANDISE, INFORMATION OR MATERIALS AVAILABLE ON THE SERVICE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO SUBSCRIBER AND/OR USER. SUBSCRIBER AND/OR USER MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SUBSCRIBER AND/OR USER HEREBY AGREES TO RELEASE SERVICE PROVIDER, ITS AFFILIATES AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED ("CLAIMS"), ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR". JURISDICTION AND ARBITRATION: SUBSCRIBER AND/OR USER USE OF THIS SITE SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. SUBSCRIBER AND/OR USER AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THIS SITE SHALL BE HELD IN THE STATE OR FEDERAL COURTS LOCATED IN KERN COUNTY, CALIFORNIA. ANY CAUSE OF ACTION OR CLAIM WITH RESPECT TO THE SITE MUST BE COMMENCED WITHIN (12) MONTHS AFTER THE CLAIM OR CAUSE OF ACTION ARISES. THE SERVICE PROVIDERS FAILURE TO INSIST UPON OR ENFORCE STRICT PERFORMANCE OF ANY PROVISION OF THESE TERMS AND/OR CONDITIONS SHALL NOT BE CONSTRUED AS A WAIVER OF ANY PROVISION OR RIGHT. NEITHER THE COURSE OF CONDUCT BETWEEN THE PARTIES OR OTHER PRACTICE SHALL ACT TO MODIFY ANY OF THESE TERMS AND CONDITIONS. THE SERVICE PROVIDER MAY ASSIGN ITS RIGHTS AND DUTIES UNDER THIS AGREEMENT TO ANY PARTY AT ANY TIME WITHOUT NOTICE TO SUBSCRIBER AND/OR USER. THE SERVICE PROVIDER MAKES NO REPRESENTATION THAT MATERIALS IN THE SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS, AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENT IS ILLEGAL IS PROHIBITED. THOSE WHO CHOOSE TO ACCESS THIS SITE FROM LOCATIONS OUTSIDE CALIFORNIA DO SO AT THEIR OWN INITIATIVE AND ARE RESPONSIBLE FOR COMPLIANCE WITH APPLICABLE LOCAL LAWS. ANY CLAIM RELATING TO THE MATERIALS SHALL BE GOVERNED BY THE INTERNAL SUBSTANTIVE LAWS OF THE STATE OF CALIFORNIA. SUBSCRIBER AND/OR USER AGREE THAT BY USING THIS SITE, THE SERVICE PROVIDER AT ITS SOLE DESCRETION, MAY REQUIRE SUBSCRIBER AND/OR USER TO SUBMIT ANY DISPUTES ARISING FROM THE USE OF THIS SITE, OR THESE TERMS AND CONDITIONS CONCERNING OR, INCLUDING DISPUTES ARISING FROM OR CONCERNING THEIR INTERPRETATION, VIOLATION, NULLITY, INVALIDITY, NON-PERFORMANCE OR TERMINATION, AS ARISEN CIRCUMSTANCES, TO FINAL AND BINDING ARBITRATION UNDER THE INTERNATIONAL RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION, BY ONE OR MORE ARBITRATORS APPOINTED IN ACCORDANCE WITH THE SAID RULES. NOTWITHSTANDING THESE RULES, HOWEVER, SUCH PROCEEDING SHALL BE GOVERNED BY THE STATE OF CALIFORNIA AS SET FORTH IN THE PREVIOUS SECTION. ANY AWARD IN AN ARBITRATION INITIATED UNDER THIS CLAUSE SHALL BE LIMITED TO MONETARY DAMAGES AND SHALL INCLUDE NO INJUNCTION OR DIRECTION TO ANY PARTY OTHER THAN THE DIRECTION TO PAY A MONETARY AMOUNT. FURTHER, THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO AWARD PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES NOT MEASURED BY THE PREVAILING PARTY'S ACTUAL DAMAGES IN ANY ARBITRATION INITIATED UNDER THIS SECTION, EXCEPT AS MAY BE REQUIRED BY STATUTE. Entire Agreement: This Agreement, together with any rules, regulations, terms and conditions incorporated herein or referred to herein, constitute the entire agreement between Service Provider and Subscriber and/or User regarding the subject matter hereof, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site. |