Introduction
BLUECANVAS' goal is to bring together artists from all genres to display and share their unique creations via the Internet. What makes BLUECANVAS so unique is our approach to support not only the artist by supplying a worldwide stage to present on, but also the collectors who support artists to keep producing works that make our world beautiful. This page states the Terms and Conditions (the "General Terms" or the "Agreement") under which a User ("User') may use the BLUECANVAS website located at www.BLUECANVAS.com Please read carefully. By accessing and using this website, User accepts and agrees to be bound, without limitation or qualification, to these terms. The right to use or access this website is not transferrable to any person . BLUECANVAS may, at any time , and at its sole discretion, modify, revise or alter this website.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS AND CONDITIONS CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.
Members
In order to protect the artists and collectors on this site, one must first be a User in order to access BLUECANVAS.com and agree to the terms and conditions of membership. Registration will consist of choosing a unique Username and password and will require disclosure of a working email address. If, for any reason the email address provided is not found to be active BLUECANVAS and/or BLUECANVAS.com reserves the right to suspend any account. In any case where a registered sight is not working properly, it is imperative that you contact admin@BLUECANVAS.com immediately to report the problem. BLUECANVAS and/or BLUECANVAS.com reserves the right to suspend or cancel any membership at their sole discretion for any reason. BLUECANVAS and/or BLUECANVAS.com also reserves the right to refuse use of any Username at its sole discretion that it deems inappropriate.
Passwords
At the time of registration, each User will be asked to submit an original password that will remain with the account for the life of the account unless changed by the User. It is the responsibility of the User to not allow this password to be given to any third party. If for any reason, fraudulent activity occurs from any Users account, verified by password, that User shall be held personally responsible.
Copyright
To benefit all BLUECANVAS members and to keep our community growing, it is imperative that all Users respect issues regarding copyright. All content uploaded to BLUECANVAS.com should be original works of your own. Proper permissions need to be obtained in any instance where your work may infringe on another artistís original work. By accepting this agreement, all artists and collectors represent and warrant that the works being uploaded to BLUECANVAS.com are either original works of each artist or collector, or, in the alternative that the proper consents or rights have been obtained from the original artist or collector to publish works that have not been created by the individual. BLUECANVAS, BLUECANVAS.com and its employees, officers, agentsheld harmless from any liability regarding the validation of such permissions.
BLUECANVAS.com allows for artwork to be added to any artist or collectorís personal homepage in their gallery. By agreeing to this provision, all artists consent and agree to allow this use of their copyrighted artwork. Collectors acknowledge that they do not have any permission to sell or print any artwork from their gallery without the consent and permission from the actual artist.
Reporting Copyright Violations
In the case of any alleged copyright violation, BLUECANVAS and/or BLUECANVAS.com reserves the right to remove any artwork that is proven to infringe on another artists copyright. In the case where there is evidence of copyright infringement, BLUECANVAS and/or BLUECANVAS.com reserves the right to discontinue any services given to the User.. Any case of alleged copyright infringement should be reported to admin@BLUECANVAS.com immediately ..
Adding Content For Sale
Any member may post artwork for sale. Any collector may contact the creator directly to buy the original artwork. BLUECANVAS and/or BLUECANVAS.com shall have no participation in the transaction other than acting as the marketplace where the work is displayed and providing the means in which the buyer and seller are able to contact each other. BLUECANVAS and/or BLUECANVAS.com does not guaranty any claims made by the seller nor guaranty the terms of completion of the sale made between the Buyer and the Seller.
For Sale Option
BLUECANVAS and/or BLUECANVAS.com offers a ìfor saleî section where collectors who are looking to purchase artwork may review artwork for sale. Sellers have the option to post as many artworks, marked for sale, as desired. Any and all transactions are to be conducted between buyer and seller.
Inappropriate Content
A member may submit a complaint to BLUECANVAS and/or BLUECANVAS.com at any time for material that they find inappropriate or illegal. BLUECANVAS and/or BLUECANVAS.com reserves the right to remove any content that they feel is inappropriate. Inappropriate material is material that falls under one of the following categories: Infringing on Copyright, Blasphemous, Racist, Vulgar, Pornographic, Unlawful, Defaming, Invasive of Privacy or publicity rights or Threatening.A determination of inappropriateness is at the sole discretion of BLUECANVAS.
Warnings
Any User found posting material that BLUECANVAS and/or BLUECANVAS.com feels is inappropriate shall be given one warning by email (to the address provided at registration) and the content will be removed. If the same User must be warned more than once, BLUECANVAS.com reserves the right, at their sole discretion, to revoke all rights of the User and cancel said Userís account. Any dispute should be immediately forwarded to admin@BLUECANVAS.com.
Property Rights and License
All intellectual property rights in BLUECANVAS and/or BLUECANVAS.com are owned by or licensed to us. Other than the purposes and conditions set forth by this agreement or by similar legislation that applies to your location, you may not in any form or by any means use, reproduce, distribute, publish, or create derivative works from any part of this website.
Trade marks
Unauthorized use of the BLUECANVAS trademark and tradename is prohibited by law.
Disclaimer
You, as a user of this Website, assume all risks associated with the use of this Website, including any risk to your computer, software or data being damaged by any virus, software or any other file which might be transmitted or activated via this the Website. In no event shall BLUECANVAS.com be liable for any direct, indirect, incidental special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this website, the delay or inability to use this website, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tort, strict liability or otherwise, even if Blueanvas has been advised of the possibility of damages. If User is dissatisfied with any portion of this web site, or with any of these terms of use, User's sole and exclusive remedy is to discontinue using this website. under no circumstances shall BLUECANVAS be liable to any User on account of that User's use of the web site. such limitation of liability shall apply to prevent recovery of any and all damages including, without limitation, direct, indirect, incidental, consequential, special and exemplary damages arising from any use of the website, including any damages that may be incurred by third parties.
Indemnity
User agrees to defend, indemnify, and hold harmless BLUECANVAS, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Website and any Material contained therein by User or through User's account, or by User's breach of the terms of this Agreement. BLUECANVAS shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User's expense, in defending any such claim, suit or proceeding. BLUECANVAS reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
Privacy
BLUECANVAS.com is committed to protecting every Userís privacy. Any information collected during the application process or at any other time will be used strictly by BLUECANVAS.com and will not be sold or traded.
BLUECANVAS.com will collect the IP address from every User in order to properly filter information pertinent to each Userís region.
BLUECANVAS.com will also collect information as to each Userís clicks on advertising. By doing so, BLUECANVAS.com can effectively target advertisers attractive to our Users.
BLUECANVAS.com cannot apply these policies or any part of this agreement to any other site visited through BLUECANVAS.com through hyperlink. This privacy policy ONLY applies to services offered within BLUECANVAS.com.
BLUECANVAS.com will also use cookies to identify each User after registration to allow each User to not have to register with each visit.
BLUECANVAS.com will also gather information from each User to monitor traffic to and from our site.
BLUECANVAS.com reserves the right to update and/or modify this privacy policy at any time. Users will be notified at any instance of any changes. In the case of any changes, the revised privacy policy will be posted in the link marked ìPrivacyî on the homepage.
Security
BLUECANVAS is committed to offering the highest level of security for all Users. However, BLUECANVAS.com cannot guarantee that all information transmitted will be secure. All Users agree that all information transmitted at each Userís discretion and own risk.
Termination of Access
BLUECANVAS and/or BLUECANVAS.com reserve the right to terminate access to any of its services without notice. All Users agree that Blecanvas and/or BLUECANVAS.com shall not be liable for any interruption in service that may occur.
Amendments
BLUECANVAS and/or BLUECANVAS.com reserves the right to change any portion of this agreement. In the case of any change, all Users will be notified by email (to the email address provided at registration) of the changes. These changes will also be posted to the terms and conditions link on the homepage for your review. Use of any BLUECANVAS.com services will be acknowledged as acceptance of these revised terms.
Arbitration
If there is a dispute between the parties arising out of or otherwise relating to these Terms and Conditions, the parties shall meet and negotiate in good faith to attempt to resolve the dispute. If the parties are unable to resolve the dispute through direct negotiations, then, except as otherwise provided herein, either party may submit the issue to binding arbitration in accordance with the then-existing Commercial Arbitration Rules of the American Arbitration Association. Arbitral Claims shall include, but are not limited to, contract and tort claims of all kinds, and all claims based on any federal, state or local law, statute, or regulation, excepting only claims under applicable workerís compensation law, actions for injunctive relief, or unemployment insurance claims. The arbitration shall be conducted in Orange County, California, and conducted by a single arbitrator, knowledgeable in Internet and e-Commerce. The party bringing the action shall be responsible for paying all costs for arbitration, including the arbitratorís fees. The arbitrator shall have no authority to award any punitive or exemplary damages; certify a class action; add any parties; vary or ignore the provisions of these Terms and Conditions; and shall be bound by governing and applicable law. The arbitrator shall render a written opinion setting forth all material facts and the basis of his or her decision within thirty (30) days of the conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
Attorney Fees
In the event of any litigation arising out of the use of this Website, the prevailing party shall be entitled to attorneyís fees, including attorneyís fees incurred on appeal.
Venue
All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of the State of California . By using the Web Site, User agrees that the exclusive forum for any claims or causes of action arising out of User's use of the Web Site shall be either any state court for or within Orange County in the State of California and the United States District Court . User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Photographic models
BLUECANVAS.com WILL NOT allow any photographs or artwork of a minor containing nudity nor will it allow any works containing content which depicts a minor in a provocative or sexual nature. BLUECANVAS.com reserves the right at its sole discretion to delete any works that it feels is in violation of this provision without any prior notice to the artist. If in any case, the age of the model is deemed questionable, BLUECANVAS.com may demand a release form from the model. If one cannot be provided, BLUECANVAS.com reserves the right to delete the work without notice.
Taxation
BLUECANVAS and/or BLUECANVAS.com shall not be liable nor responsible for any User reporting any income made from a sale initiated through this website. Taxation both on a State and Federal level are the complete responsibility of the User.
Assignment
The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective assignees, successors, executors, and administrators, as the case may be. Neither these Terms and Conditions nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
Severability
If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Conditions, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Conditions will continue in full force and effect.
Force Majeure
BLUECANVAS shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including errors or omissions, for so long as such event continues to delay the Websiteís performance.
Final Agreement
This Agreement constitutes the entire Agreement between User and BLUECANVAS with respect to the use of Web Site. The section headings used herein are for convenience only and shall not be given any legal import.
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