This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the unitedArtscene. By using the unitedArtscene, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the unitedArtscene Websites) or you are a "Member" (which means that you have registered with unitedArtscene). The term "User" refers to a Visitor or a Member. You are only authorized to use the unitedArtscene websites (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the unitedArtscene websites and discontinue use of the unitedArtscene Services immediately. If you wish to become a Member, communicate with other Members, and enjoy the services available to members, you must read this Agreement and indicate your acceptance during the Registration process.
unitedArtscene provides Users with free online community service and web based resources, unitedArtscene pursuant to the terms set forth below (the "ToS"). unitedArtscene may change the ToS at any time, with or without prior notification. You may also be subject to additional terms and conditions that may apply when you use or purchase affiliate or third-party services, such as web and domain hosting services.
1. REGISTRATION DATA
You agree to provide unitedArtscene with complete and accurate registration information as prompted and to update this information as required in order to keep it current. You agree to remain solely responsible for all such information including your choice of username, should it be considered an infringement on the copyright and/or trademark rights of any company, organization or individual.
2. SUBSCRIBER CONDUCT
You are solely responsible for the content you upload or download through unitedArtscene, and acknowledge that it acts as a passive conduit for the transmission of your data. You warrant that you will not:
- Send unsolicited email directed to people not personally known to you, including but not limited to junk mail, chain letters, or other unsolicited bulk email, commercial or otherwise;
- Transmit or post content on/from this site that is unlawful, harmful, abusive, threatening, defamatory, invasive, vulgar, obscene, or that contains viruses or other similar harmful programming;
- Impersonate any person or entity, including, but not limited to, a unitedArtscene official, representative, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Engage in attempts of fraud or forgery, including, but not limited to, the use of fraudulent credit cards or other falsified means of payment, forging message headers, or manipulating identifiers in order to alter or disguise the origin of any transmitted content;
- Interfere with or disrupt unitedArtscene or servers or networks connected to it;
- Infringe on any third party's intellectual property rights or proprietary rights, or rights of publicity or privacy.
- You will obey any requirements, procedures, policies or regulations of unitedArtscene or connected services, and observe and comply with any usage restriction set forth by administrators on this web site, with regards to content, storage space, traffic, bandwidth, and other conditions.
- At the sole discretion of the management of unitedArtscene a member's account can be removed or suspended should they be deemed in violation of the terms of service. unitedArtscene is a community with standards that must be adhered to and posting objectionable content is considered a violation of those terms.
3. PRIVACY
Account information, registration data and certain other information about you is subject to our Privacy Policy.
4. RULES RELATING TO MINORS
If you are under the age of 16 you may not subscribe to PDXartscene unless you obtain your parent's consent.
5. PERSONAL USE
Your right to use unitedArtscene is personal to you. Please guard your account password, as you are liable for all uses of your account, including any unauthorized use.
6. INDEMNIFICATION
You will indemnify and hold harmless unitedArtscene, their employees, directors, officers, agents, and their successors and assigns from any damages and expenses relating to the use of your account.
7. DISCLAIMER OF WARRANTIES
You use unitedArtscene at your sole risk. unitedArtscene is provided on an "as is" and "as available" basis. unitedArtscene expressly disclaim 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.
unitedArtscene does not make any warranty that unitedArtscene will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor does unitedArtscene make any warranty that the results that you may obtain through unitedArtscene meet your needs or that they will correct any software defects. unitedArtscene does not make any warranty regarding any goods or services purchased or obtained, or any transactions entered into through unitedArtscene.
Any material and/or data you download or otherwise obtain through the unitedArtscene comes at your own discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data. No advice or information, whether oral or written, which you obtain from unitedArtscene or through unitedArtscene will create any warranty not expressly stated in the ToS.
8. LIMITATION OF LIABILITY
IN NO EVENT SHALL UNITEDARTSCENE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF UNITEDARTSCENE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, UNITEDARTSCENE'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 UNITEDARTSCENE FOR SERVICES DURING THE TERM OF MEMBERSHIP.
9. PROPRIETARY RIGHTS
Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material presented to you by unitedArtscene may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by unitedArtscene, and may not copy, transmit, or create derivative works of such content or information without express written authorization.
unitedArtscene does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the unitedArtscene. After posting your Content to the unitedArtscene, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the unitedArtscene, you hereby grant to unitedArtscene a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the unitedArtscene Services and related promotional activity.
10. TERMINATION
Failure to comply with the ToS may result in the termination of your account, with or without notice. This is at the sole discretion of the management and unitedArtscene.
11. MODIFICATIONS
unitedArtscene may at any time augment or enhance the current service with new features, with or without prior notification.
12. MISCELLANEOUS
The laws of the United States of America, the State of Oregon, govern the ToS. If any provision of the ToS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. unitedArtscene's failure to act with respect to a breach of the ToS by you or others does not waive unitedArtscene's right to act with respect to subsequent or similar breaches. The ToS sets forth the entire agreement between you and unitedArtscene, and supercedes any prior agreements pertaining to the subject matter contained herein.
13. VIOLATIONS
Please report any violations of the to
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