| The League of Animal Artists website is comprised of various Web sites
and Web pages operated by ABV Arts Enterprises or its affiliates. These
websites will be collectively referred to in this agreement as "League
of Animal Artists," "The League of Animal Artists Network"
or "LAA." This Agreement applies to The League of Animal Artists
Network collection of websites and services. You will need to read this
Agreement in its entirety to review the general provisions of the Terms
of Use and Notices and Additional Terms specific to the product or service
for which you are now signing up.
The League of Animal Artists Network is offered to you conditioned on
your acceptance without modification of these Terms of Use and Notices.
Your use of the League of Animal Artists Network constitutes your agreement
to these Terms of Use and Notices. Your use of a particular League of
Animal Artists website included within, or acceptance of a product, service
or benefit obtained through the League of Animal Artists Network, may
also be subject to additional terms specified in this document, on the
applicable League of Animal Artists website or in other accompanying documentation
(as such terms may be modified by ABV Arts Enterprises from time to time as described
below in the "Additional Terms"). If you do not have print capability
or otherwise desire to obtain a hard copy of these Terms of Use and Notice,
please contact League of Animal Artists customer service by emailing
.
If any of the terms, conditions, and notices contained herein conflict
with the Additional Terms or other terms and guidelines contained within
or applicable to any particular League of Animal Artists website, service,
product or benefit, then the applicable Additional Terms shall control.
You agree to familiarize yourself with the Terms of Use and Notices, including
the Additional Terms, and other terms and guidelines found throughout
the League of Animal Artists Network and abide by them if you choose to
use the sites, or accept the products, services or benefits, to which
such terms apply.
MODIFICATION OF THESE TERMS OF USE AND NOTICES
ABV Arts Enterprises reserves the right to change the Terms of Use and Notices, and
any Additional Terms at anytime, effective upon making the modified provisions
available on the League of Animal Artists Network. You are responsible
for regularly reviewing these terms and conditions. Continued use of the
League of Animal Artists Network after any such changes shall constitute
your consent to such changes. ABV Arts Enterprises does not and will not assume any
obligation to notify you of any changes to the Terms of Use and Notices,
or Additional Terms.
ACCEPTABLE USE LIMITATION
The League of Animal Artists Network is provided to assist you in networking
with other animal artists and exposing your artwork to online art buyers.
Your right to use the League of Animal Artists Network is personal to
you. As a condition of your use of the League of Animal Artists Network,
you warrant to ABV Arts Enterprises that you will not use the League of Animal Artists
Network for any purpose that is unlawful, or prohibited by these Terms
of Use and Notices or the Additional Terms (as may be modified from time
to time). You may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from, transfer, or
sell any information, products, services or benefits obtained from the
League of Animal Artists Network, except as expressly provided herein.
In addition, you may not use the products or services provided through
or in connection with the League of Animal Artists Network to:
a. defame, abuse, harass, threaten or otherwise violate the legal rights
(such as rights of privacy and publicity) of others;
b. conduct or forward illegal contests, pyramid schemes or chain letters;
c. publish, post, distribute, disseminate or link to any: (i) inappropriate,
profane, defamatory, infringing, obscene, indecent or unlawful topic,
name, material or information; (ii) software or other material protected
by intellectual property laws, rights of privacy or publicity, or other
proprietary rights, unless you own, control such rights or have received
all necessary consents for your use of such software and other materials;
(iii) software or other material that contains viruses, corrupted files,
or that may or are intended to damage the operation of another's computer
(e.g., "cracks" or other programs written to defeat the security
measures of any computer, system or programs);
d. sell, distribute, disseminate or link to any sites for marketing, sales
or distribution of: firearms, explosives, ammunition, liquor, tobacco
products, food that is not packaged or does not comply with all applicable
laws for sale to consumers by commercial merchants, pharmaceuticals and
controlled substances, counterfeit, pirated or stolen goods, any goods
or services that infringe or otherwise violate a third party's rights,
registered or unregistered securities, goods or services that (i) you
cannot legally sell, (ii) are misrepresented, and/or (iii) if sold via
the Site Manager or Your website would cause ABV Arts Enterprises to violate
any law, statute or regulation;
e. harvest or otherwise collect information about third parties, including
e-mail addresses, without the express consent of such third parties;
f. restrict or inhibit any other user from using and enjoying its rights
in League of Animal Artists ; or
g. violate any applicable governmental laws or regulations.
The information provided by ABV Arts Enterprises to you may be proprietary in nature.
You agree not to share any information provided to you by or on behalf
of ABV Arts Enterprises with any third party. If you sell or otherwise distribute
goods or services that compete with or may otherwise serve as a substitute
for products or services sold or otherwise distributed by ABV Arts Enterprises via
the League of Animal Artists Network, you may not: (a) use or acquire,
or have any other person use or acquire on your behalf, the products or
services of League of Animal Artists for which you offer competing or
substitute products or services; or (b) advertise, promote, market or
solicit offers to acquire such competing or substitute products in connection
with your use of League of Animal Artists.
ABV Arts Enterprises is not obligated to monitor the content on League of Animal
Artists. However, with respect to the use of the products and services
offered on League of Animal Artists, ABV Arts Enterprises reserves the right to disclose
any information or materials as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse
to post or to remove any information or materials, in whole or in part,
from the League of Animal Artists website, in ABV Arts Enterprises sole discretion.
ANNUAL MEMBERSHIP DUES / PACKAGES
Various membership packages are provided to fit the varying needs of members.
The membership dues are due annually by the date on which the member registered
with the member community. Members will be automatically billed for the
membership level they applied for the previous year. If a new level of
membership is desired, the member must upgrade their membership through
the member community prior to the end of term. If payment is not received
by the end of the membership term, all member information will be removed
from the League website. The League will maintain the member's web authoring
account for a maximum of three (3) months in case a member decides to
return. If the member does not does not renew within the allotted time,
The League reserves the right to permanently delete all files pertaining
to the member's webpages.
LINKS TO THIRD PARTY SITES
Links within the League of Animal Artists Network
may let you leave the League of Animal Artists
Network. You acknowledge that the linked sites
are not under the control of ABV Arts Enterprises and that
ABV Arts Enterprises is not responsible for the contents
or operation of such linked sites or any link
contained in such linked site, or any changes
or updates to such sites. ABV Arts Enterprises is not responsible
for webcasting or any other form of transmission
received from any linked site. ABV Arts Enterprises is providing
these links to you only as a convenience, and
the inclusion of any link does not imply endorsement
by ABV Arts Enterprises of the linked site or any association
with their operators.
USE OF COMMUNICATION SERVICES
The League of Animal Artists Network may contain chat areas, news groups,
forums, communities, personal web pages, electronic mail postings and/or
other message or communication facilities designed to enable you to communicate
with the public at large or with a group (collectively, "Communication
Services"). You agree to use the Communication Services only to post,
send and receive messages and material that are proper and related to
the particular Communication Service, and to comply with all applicable
laws and these Terms of Use and Notices. By way of example, and in addition
to above acceptable use limitations, you agree that when using a Communication
Service, you will not:
* Falsify, delete or alter any material, author attributions, legal or
other proper notices or proprietary designations or labels of the origin
or source of material contained in a file that is uploaded via the Communication
Services;
* Restrict or inhibit any other user from using and enjoying its rights
in the Communication Services;
* Violate any code of conduct or other guidelines that may be applicable
for any particular Communication Service;
* Harvest or otherwise collect information about others, including e-mail
addresses, without their express consent;
* Link the Communication Services to any unsolicited communication sent
to any third party, or otherwise use or mention the Communications Services
in connection with any such unsolicited communication; or,
* Violate any applicable laws or regulations.
ABV Arts Enterprises reserves the right, but is not obligated, to review materials
posted to a Communication Service and to remove any such materials in
its sole discretion, without notice at any time. In addition, ABV Arts Enterprises
reserves the right to terminate your access to any or all of the Communication
Services at any time without notice for any reason whatsoever. Furthermore,
ABV Arts Enterprises reserves the right to terminate or change any Communication
Service at anytime.
ABV Arts Enterprises is not obligated to monitor the Communication Services. However,
with respect to the use of the Communication Service, ABV Arts Enterprises reserves
the right to disclose any information or materials as necessary to satisfy
any applicable law, regulation, legal process or governmental request,
or to edit, refuse to post or to remove any information or materials,
in whole or in part, from the Communication Service in ABV Arts Enterprises sole
discretion.
You acknowledge that Communication Services are public and not private
communications, therefore your communications may be read by others without
your knowledge. Always use caution when giving out any personally identifying
information about yourself or others in any Communication Service. ABV Arts Enterprises does not control or endorse the content, messages or information
found in any Communication Service and, therefore, ABV Arts Enterprises specifically
disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Service.
Forum managers and hosts of the Communication Services are not authorized
ABV Arts Enterprises agents or spokespersons, are not able to bind ABV Arts Enterprises, nor
do their views necessarily reflect those of ABV Arts Enterprises.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination, and you are responsible
for adhering to such limitations if you download the materials.
LICENSE YOU GRANT TO LEAGUE OF ANIMAL ARTISTS
ABV Arts Enterprises does not claim ownership of the materials you provide to ABV Arts Enterprises (including feedback and suggestions) or post, upload, input or submit
in connection with your use of League of Animal Artists or any website
("Your Web Site") created by you or on your behalf in connection
with the use of League of Animal Artists (collectively "Submissions").
However, you grant ABV Arts Enterprises a royalty-free license to use (including,
without limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate, sublicense and
reformat your Submission, and to publish your name in connection with
your Submission) your Submission only in connection with the operation
and promotion of League of Animal Artists. You also grant ABV Arts Enterprises the
right to publish your name in connection with any such communication.
No compensation will be paid or due you with respect to ABV Arts Enterprises or its
sublicensee's use of the materials as licensed above. ABV Arts Enterprises is under
no obligation to post or use any materials you may provide, and may remove
such materials at any time in ABV Arts Enterprises sole discretion. By posting messages,
uploading files, inputting data, submitting any feedback or suggestions,
or engaging in any other form of communication with or through any League
of Animal Artists Web Site, you warrant and represent that you own or
otherwise control the rights necessary to do so and to grant ABV Arts Enterprises
the license set forth above, and you will defend and indemnify ABV Arts Enterprises
and its suppliers from any third party claim related to a breach of any
of the foregoing representations or warranties.
LIABILITY DISCLAIMER
The information, products, services and other material included in or
available through the League of Animal Artists Network may not be complete,
and may include inaccuracies or errors, and may also be modified or deleted
from time to time. Advice, information, products, services or other materials
received via the League of Animal Artists Network should not be relied
upon for personal, medical, legal, business, financial or other decisions
and is not intended to replace the advice of appropriate and qualified
professionals. You acknowledge that you should consult an appropriate
professional for specific advice tailored to your situation.
Your access to and use of the League of Animal Artists Network, and products
and services of League of Animal Artists, is at your own risk. ABV Arts Enterprises,
and its members and sponsors, will not be liable for any damage, loss
or disclosure of information, data, revenue, accounts or business that
occurs in connection with your use of the League of Animal Artists Network,
or such products or services. ABV Arts Enterprises makes no guarantees of any kind
regarding the dependability, accuracy, security, timeliness or availability
of the League of Animal Artists Network, or such products or services.
Without limiting the foregoing, ABV ARTS ENTERPRISES AND/OR ITS RESPECTIVE SUPPLIERS
MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY,
RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED
IN LEAGUE OF ANIMAL ARTISTS FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND. ABV ARTS ENTERPRISES AND/OR ITS RESPECTIVE SUPPLIERS
HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS
OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES
OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL ABV ARTS ENTERPRISES AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY 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 LEAGUE OF ANIMAL ARTISTS OR RELATED
SERVICES, WITH THE DELAY OR INABILITY TO USE LEAGUE OF ANIMAL ARTISTS
OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES,
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH LEAGUE OF ANIMAL ARTISTS, OR OTHERWISE ARISING OUT OF
THE USE OF LEAGUE OF ANIMAL ARTISTS, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ABV ARTS ENTERPRISES
OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF LEAGUE
OF ANIMAL ARTISTS, OR WITH ANY OF THESE TERMS OF USE AND NOTICES, YOUR
SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING LEAGUE OF ANIMAL ARTISTS
AND ITS RELATED SERVICES. Without limiting the foregoing, ABV Arts Enterprises is
not responsible for any of your data residing on ABV Arts Enterprises and League of
Animal Artists Network hardware. You are responsible for backing-up your
data and information that may reside on the ABV Arts Enterprises or League of Animal
Artists hardware, whether or not such information is produced through
the use of League of Animal Artists. It is your responsibility to take
the necessary steps to ensure your primary means of business is maintained.
You agree to defend, indemnify and hold ABV Arts Enterprises and its suppliers harmless
from and against any and all claims, losses, liability costs and expenses
(including but not limited to attorneys' fees) arising from your violation
of these Terms of Use and Notices (including, without limitation, violation
of applicable Additional Terms of Use), or any third-party's rights, (including,
without limitation, infringement of any copyright, violation of any proprietary
right and invasion of any privacy rights). These obligations will survive
any termination of your relationship with ABV Arts Enterprises or your use of League
of Animal Artists.
SERVICE CONTACT
If you need to contact ABV Arts Enterprises regarding the League of Animal
Artists Network, please send email to
ACCESS RESTRICTION
ABV Arts Enterprises reserves the right to deny in its sole discretion
any user access to League of Animal Artists or any portion thereof without
notice. You are responsible for safeguarding the confidentiality of your
password(s) and user name(s) issued to you by ABV Arts Enterprises, and for any use
or misuse of your account or League of Animal Artists resulting from any
third party using a password or user name issued to you.
TERMINATION
ABV Arts Enterprises may terminate this agreement and your access to League of Animal
Artists (in whole or in part) and related services at any time, with or
without cause, and with or without notice. Anyone determined by ABV Arts Enterprises
to have violated these Terms of Use and Notices, or any Additional Terms
may be barred from using the League of Animal Artists Network, or from
receiving any products, services or benefits from League of Animal Artists.
In addition, if you violate any of these Terms of Use and Notices, or
Additional Terms (as applicable) you will forfeit all in-kind credits
and amounts accruing to you (if any) in connection with the League of
Animal Artists Network.
GENERAL
This agreement is governed by the laws of the State of Illinois, U.S.A.
You hereby consent to the jurisdiction of and venue in courts located
in St. Louis, Illinois, U.S.A. in all disputes arising out of or relating
to the use of the League of Animal Artists Network. In addition, you hereby
consent to the exclusive jurisdiction of and venue in such courts for
any action commenced by you against ABV Arts Enterprises, (or its affiliates). Use
of the League of Animal Artists Network is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and
ABV Arts Enterprises as a result of this agreement or use of League of Animal Artists.
ABV Arts Enterprises performance of this agreement is subject to existing laws and
legal process, and nothing contained in this agreement is in derogation
of ABV Arts Enterprises right to comply with governmental, court and law enforcement
requests or requirements relating to your use of the League of Animal
Artists Network or information provided to or gathered by ABV Arts Enterprises with
respect to such use. If any part of this Agreement is determined to be
invalid or unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability limitations set forth
above, then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall continue
in effect. Unless otherwise specified herein, this Agreement constitutes
the entire agreement between the user and ABV Arts Enterprises with respect to the
League of Animal Artists Network and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between
the user and ABV Arts Enterprises with respect to the League of Animal Artists Network.
A printed version of this Agreement and of any notice given in electronic
form shall be admissible in judicial or administrative proceedings based
upon or relating to this Agreement to the same extent and subject to the
same conditions as other business documents and records originally generated
and maintained in printed form. You may not rent, lease, license, grant
a security interest in, or otherwise transfer or sublicense your rights
hereunder to any third party.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the League of Animal Artists Network are: Copyright (c)
2002-2009 ABV Arts Enterprises c/o Vicky Seymour 800 Krause Ave., Streamwood,
Illinois, 60107, U.S.A. All rights reserved. Member artwork and writings
are copyright of the copyright owner.
TRADEMARKS
League of Animal Artists is either a trademark or registered trademark
of ABV Arts Enterprises. The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved by ABV Arts Enterprises.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications
of claimed copyright infringement should be sent to Service Provider's
Designated Agent. See Notice and Procedure for Making Claims of Copyright
Infringement.
FOR INFORMATION REGARDING THE LEAGUE OF ANIMAL ARTISTS PRIVACY STATEMENT
GO TO http://animalartists.org/privacy.php
The following is a list of additional terms of use information for some
specific ABV Arts Enterprises League of Animal Artists products and services. These
additional terms of use are in addition to the above information.
MAIL LIST, GUEST BOOK, MESSAGE BOARD, AWARD, CLASSIFIEDS, AWARD, TOP
100
ABV Arts Enterprises makes no guarantee about the reliability or accuracy of these
products or services, or the results obtained from using these products
or services. You shall release, and defend, indemnify and hold ABV Arts Enterprises
harmless, from any and all third party claims, losses, liability costs
and expenses (including but not limited to attorneys' fees) arising out
of or related to, or results obtained from, your use of these products
or services.
E-COMMERCE RESOURCES AND OTHER RESOURCES
You acknowledge that the links set forth in these sections are provided
solely for your convenience, and are links to third party sites for which
ABV Arts Enterprises is not responsible. ABV Arts Enterprises is not responsible or liable for
any content or advice set forth on or received through such linked third
party sites, and you acknowledge that your use of these linked sites may
be subject to different terms of use than apply to the League of Animal
Artists Network.
BRANDED EMAIL
Email accounts may only be used in connection with email lists for which
recipients have voluntarily registered. Using League of Animal Artists
Email to send e-mail to an address you obtain without the consent of such
addressee is a violation of ABV Arts Enterprises policies. You may not access the
mailing lists of third parties on the League of Animal Artists Network
other than for approved purposes (if any), and you may not access or otherwise
use such third party mailing lists in connection with preparing or distributing
unsolicited e-mail to any third party. ABV Arts Enterprises has the right to terminate
your access to the Branded Email service, or terminate the Branded Email
service, at any time. In addition, ABV Arts Enterprises reserves all legal and equitable
remedies available to it (including, terminating your access to the Branded
Email service and/or the League of Animal Artists Network) for violation
of any of these terms of use.
If you use Branded Email to create a mailing list (a "Mailing List"),
you may remove from such Mailing List any email address contained therein,
at your discretion. You agree to honor the request of the owner of any
e-mail address to remove that address from a Mailing List. You may establish
additional terms and conditions that may be applied to persons enrolled
in your Mailing Lists.
If you register with a Mailing List, you acknowledge that the owner of
the mailing list may remove your e-mail address from such Mailing List,
in its discretion and at any time, and that your participation in such
Mailing List may be subject to additional terms and conditions that may
be altered from time to time.
E-mail and any attachments distributed to Mailing Lists may not be in
excess of 100kb. ABV Arts Enterprises may include in each e-mail distributed to Mailing
Lists: (a) an ABV Arts Enterprises or third party advertisement; and (b) an attribution
similar to the following: "Powered by League of Animal Artists -
Branded Email for Animal Artists http://animalartists.org". Consideration
(if any) derived from such advertisements will be the property of and
retained by ABV Arts Enterprises.
Without limiting any other applicable disclaimers or limitations, ABV Arts Enterprises disclaims any and all representations, warranties and conditions,
express or implied, that messages sent in connection with the Branded
Email service will be delivered or received, or that the operation of
the Branded Email service will be available, error-free or secure. You
acknowledge that the security mechanisms contained in Branded Email have
inherent limitations, and you are solely responsible for determining if
use of the Branded Email service sufficiently meets your requirements.
(UPDATED: April 01, 2007)
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