Terms and Conditions of Membership in Artisans of Colorado
1. ACCEPTANCE OF TERMS
A person’s use of ArtisansOfColorado.com and any of its Services (as defined below) at any time is subject to ArtisansOfColorado.com’s Terms of Service (“TOS”), which may be updated from time to time as set forth below.
A user’s use of ArtisansOfColorado.com and/or its Services constitutes full acceptance of and agreement to the TOS; if a user does not accept our TOS, he or she is not granted rights to use the member features ArtisansOfColorado.com, and should refrain from applying for or continuing membership in ArtisansOfColorado.com.
2. DESCRIPTION OF SERVICE
ArtisansOfColorado.com is a website owned and operated by FLEXISS, L.L.C, for the purpose of providing a showcase for the work and talents of Colorado artists working in a wide variety of artistic and craft-related media. To have their work showcased, a person must apply for membership and the membership application must be accepted by FLEXISS, who may refuse to accept a membership application for any reason.
3. MEMBERSHIP OBLIGATIONS
As requested on the membership application each user must provide true, accurate, current and complete information on the Service’s membership application form and notify FLEXISS of changes as necessary.
Each member will receive a password and account designation upon completing the membership application process and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. ArtisansOfColorado.com cannot and will not be liable for any loss or damage arising from a member’s failure to comply with this Section, including any loss or damage arising from any member’s failure to (a) immediately notify ArtisansOfColorado.com of any unauthorized use of his or her password or account or any other breach of security and (b) ensure that he or she exits from his or her account at the end of each session.
The member, and not ArtisansOfColorado.com, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via ArtisansOfColorado.com or any Service. No member shall transmit Content or otherwise conduct or participate in any activities on ArtisansOfColorado.com and/or any Service which, in the opinion of ArtisansOfColorado.com, are prohibited by law in applicable jurisdictions
ArtisansOfColorado.com shall have the right (but not the obligation) in its sole discretion to refuse
or delete any Content which it reasonably considers to violate the TOS or be otherwise illegal. The following constitutes a violation of the TOS:
Posting material that is obscene, sexually explicit, defamatory, harmful or knowingly false;
Impersonating another person
Posting material that infringes on the copyright, intellectual property rights, or privacy rights of others.
5. NO RESALE OF SERVICE
Although members may advertise prices for their artwork at the Web Site, and may sell artwork as a result of their listings in the Web Site, the member must agree not to sell, resell or offer for any commercial purposes, any portion of the Services, use of the Services or access to the Services.
6. GENERAL PRACTICES REGARDING USE AND STORAGE
ArtisansOfColorado.com may establish general practices and limits concerning use of the Services, as defined by posted Service-specific Rules. While ArtisansOfColorado.com will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, ArtisansOfColorado.com has no responsibility or liability for the deletion or failure to store any images, descriptions or other information uploaded by the member.
A member’s account may be terminated for reasons that include, but are not limited to, the following: 1.) violation of these TOS; 2.) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; 3.) use of Service in a manner inconsistent with the Purpose; 4.) a member’s request for such termination; and 5.) requirement of applicable law, regulation, court or governing agency order.
ArtisansOfColorado.com’s termination of any member’s access to ArtisansOfColorado.com or any Service hereunder may be effected without notice and, on such termination, ArtisansOfColorado.com may immediately deactivate or delete member’s account and/or bar any further access to such files, that Service or ArtisansOfColorado.com. ArtisansOfColorado.com shall not be liable to any member or other third party for any termination of that member’s access or account hereunder.
Notwithstanding the foregoing, unless prohibited by law or judicial or governmental order, ArtisansOfColorado.com shall make reasonable efforts to make available all information in a member’s account to that member prior to deleting that account or marking that account “inactive”, including emailing to the affected member 15-days prior notice of such termination and the location of such member’s information, and retaining all information for at least 15 days after emailing such notice.
ArtisansOfColorado.com, any Service or a third party may provide links to other Websites. ArtisansOfColorado.com exercises no control whatsoever over such other Websites and Web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. ArtisansOfColorado.com shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any member in connection therewith.
9. INDEMNITY; DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
Each member shall indemnify, defend and hold harmless FLEXISS L.L.C. from any and all claims or demands, including reasonable attorneys’ fees, made by any third party due to or arising out of that member’s acts or omissions, including claims arising out of that member’s use of ArtisansOfColorado.com; his or her submission, posting or transmission of Content or his or her violation of the TOS.
EACH MEMBER’S USE OF THE SERVICE IS AT HIS OR HER SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARTISANSOFCOLORADO.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MEMBER INFORMATION OR PERSONALIZATION SETTINGS. ARTISANSOFCOLORADO.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. SPECIFICALLY, ARTISANSOFCOLORADO.COM MAKES NO WARRANTY THAT (i) ARTISANSOFCOLORADO.COM OR ANY SERVICE WILL MEET YOUR REQUIREMENTS, (ii) ANY MEMBER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY member WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
EXCLUDING ONLY DAMAGES ARISING OUT OF FLEXISS’ GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FLEXISS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLEXISS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY MEMBER’S USE OR INABILITY TO USE THE SERVICE; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR ANY OTHER MATTER RELATING TO ARTISANSOFCOLORADO.COM OR ANY SERVICE. IN NO EVENT SHALL FLEXISS’ TOTAL CUMULATIVE LIABILITY TO ANY member OR OTHER PARTY UNDER THESE TERMS OF SERVICE OR OTHERWISE EXCEED $100.00.
NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN FLEXISS AND ANY MEMBER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, FLEXISS DOES NOT AND CANNOT CONTROL THE ACTIONS OF ARTISANSOFCOLORADO.COM MEMBERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE WHICH COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
WE DO NOT GUARANTEE CONTINUOUS UNINTERRUPTED OR SECURE ACCESS TO ARTISANSOFCOLORADO.COM OR ANY SERVICES. OPERATION OF THE WEBSITE MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY FLEXISS.
10. TRADEMARK INFORMATION
ArtisansOfColorado.com, the ArtisansOfColorado.com logo and other ArtisansOfColorado.com trademarks, service marks, and product and service names are trademarks of FLEXISS L.L.C. FLEXISS is a trademark of FLEXISS.
ArtisansOfColorado.com respects the intellectual property of all parties and we ask our members to do the same. If a member or other third party believes that its Content has been copied in a way that constitutes copyright infringement, that member or third party should provide ArtisansOfColorado.com with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that has been infringed; (c) a description of where the allegedly infringing material is located on the Website; (d) the affected member or third party’s address, telephone number and email address; (e) a statement by the affected member or third party that he or she has a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by the affected member or third party, under penalty of perjury, that the above information is accurate and that such member or third party is the copyright owner or is otherwise authorized to act on the copyright owner’s behalf. If ArtisansOfColorado.com receives such a claim, ArtisansOfColorado.com reserves the right to refuse or delete Content as described under Section 4 hereto, or to terminate a member’s account in accordance with Section 7.