The contents of this site may not be reproduced in any form without the permission of the Pro Arte E-Shop. The office of Pro Arte E-Shop is located at:
Pro Arte E-Shop
300 Man Ave
Des Moines, IA 50310
THE FOLLOWING DESCRIBES THE TERMS ON WHICH PRO-ARTE WEB SITE OFFERS YOU ACCESS TO OUR SERVICES.
TERMS AND CONDITIONS OF USE
Last Updated: April, 2008
License to Use the Site and Services and Restrictions
ProArte grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of ProArte . You may download one (1) copy of content from the Site and Services for your personal informational use only, provided that you maintain all copyright, attribution and other notices contained in such content, including without limitation trademarks and service marks of ProArte and its affiliates or the copyright holder identified in the individual content's copyright notice. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photo reproduction, recordation or otherwise, without the prior written consent of ProArte . Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to ProArte .
You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on ProArte ’s infrastructure.
ProArte owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content") or such use falls within the fair and educational use for promoting art and artists not for the commercial prospect of proarte.gvcwebdevclass.com . The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. ProArte is the owner of the copyright in the entire Site and Services. ProArte owns the copyrights in the selection, coordination, arrangement and enhancement of the Site and Services. You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.
You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You may obtain more information on the copyrights, trademarks, and service marks of ProArte and its affiliates and content owners by viewing the copyright and trademark notices posted on the Site.
Our services are available only to, and may only be used by individuals who can form legally buying and selling contracts under applicable law. Without limiting the foregoing, our services are not available to minors (persons under the age of 18). If you are a under the age of 18, you can use this service only in conjunction with, and under the supervision of your parents or guardians. If you do not qualify, please do not use our Site.
Children's use of proarte.gvcwebdevclass.com
Other services and information providers accessible through proarte.gvcwebdevclass.com have their own policies about children's privacy, and you should contact them directly for their policies.
proarte.gvcwebdevclass.com strongly recommends that parents supervise the use of the Internet by their children. A number of commercial products are available to help limit access to material on the Internet that you may consider harmful or inappropriate for your child.
Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Pro-Arte.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Pro-Arte.com and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Although we welcome all styles, themes, and manners of art production, we do have censorship. All artworks described in pp.9 as well as all real low level artwork, that do not fit any of galleries on the site and/or put under a wrong classification will be deleted. The term "low level artwork" is defined by the site administration. If a 'seller' is providing the photographs of low quality, or not willing to communicate, or is aggressive or impolite to the requests of the webmasters, his items descriptions will be removed as well.
Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted only in the Mature Audiences section and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; (bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount; (cc) are concurrently listed for sale on a web site other than Pro-Arte.com (this does not prevent linking to or advertising an Pro-Arte.com item from another web site); or (dd) you do not have a right to link to or include. Furthermore, you may not list any item on the Site (or consummate any transaction that was initiated using our service) that, by paying to us the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Items.
Listing and Selling
You must be legally able to sell the item(s) you list for sale on the Site. You must describe your item and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. All items in multiple item listings must be identical.
Change to Site or Services; Termination
ProArte shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. ProArte may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that ProArte may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if ProArte reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of ProArte or any third party, or for any reason with or without notice to you. You agree that ProArte will not be held liable to you or any third party as a result thereof.
Links to Other Web Site
The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by ProArte or any of its subsidiaries and affiliates of any third party, its site, resources or contents. ProArte cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. ProArte has no control over these sites or the content within them. ProArte does not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
ProArte 's Rights to Materials Provided by Users
ProArte welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content or materials to ProArte or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you grant to ProArte a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by ProArte of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against ProArte for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that ProArte is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.
Any or all Communications provided by you to the Site or Services may be included in a database owned by ProArte and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.
No Responsibility for User Transmitted Material
You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to ProArte or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and ProArte or any ProArte affiliate or subsidiary other than pursuant to these terms and conditions of use. ProArte shall not be responsible for the payment of any monies to any party in connection with ProArte 's use of Communications submitted by you to the Site.
Monitoring, Editing and Disclosure of User Material
Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site or Services do not necessarily represent the view or opinions of ProArte . ProArte does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site or Services. ProArte does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.
You agree that ProArte has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that ProArte may establish from time to time. Notwithstanding this right of ProArte , ProArte does not and cannot review all materials posted to the Site or Services by users, and ProArte is not responsible for any such Communications or Contributions posted by users. ProArte reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in ProArte 's sole discretion, such materials are objectionable or in violation of these Terms. PROARTE HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
You agree to indemnify, defend and hold harmless ProArte , and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. ProArte reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of ProArte .
Disclaimer of Warranties
ProArte does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ProArte reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
NEITHER PROARTE NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, ProArte is not responsible for those costs.
NEITHER PROARTE NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER ProArte NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other ProArte products or services.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.
Limitation of Liability; Exclusion of Damages
ProArte is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.
ProArte disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. ProArte is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services.
PROARTE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
UNDER NO CIRCUMSTANCES SHALL PROARTE, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF PROARTE, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Changes to Terms and Conditions
ProArte reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.
You agree that monetary damages may not provide a sufficient remedy to ProArte for your violation of these Terms, and, accordingly, you acknowledge and agree that ProArte is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to ProArte under this Agreement, at law or in equity. ProArte may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. ProArte is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
The provisions titled "Ownership" "Changes to Site or Services; Termination" "ProArte 's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material ," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in New York County in the State of New York and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and ProArte with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or ProArte of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to ProArte must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.
Questions and comments about proarte.gvcwebdevclass.com
We hope you enjoy using proarte.gvcwebdevclass.com. Questions and comments about the content of proarte.gvcwebdevclass.com may be sent by submitting an e-mail to firstname.lastname@example.org. We read all comments sent to us and try to respond to as many as possible.
Technical questions regarding your software, your configuration or your connection should be directed to your Internet access provider. proarte.gvcwebdevclass.com cannot address questions except those specifically about content and services that we provide.
This agreement between proarte.gvcwebdevclass.com and its users will be governed and interpreted under the laws of the state of Iowa.
By submitting any Member Content to proarte.gvcwebdevclass.com, you automatically grant The Pro Arte and proarte.gvcwebdevclass.com a nonexclusive, royalty-free, worldwide, perpetual, sublicensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes, without any payment to you, in any type of media or in any form now known or later developed. In addition, you automatically waive and give up any claim that any use of such content violates any of your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way proarte.gvcwebdevclass.com uses such content.
To register a complaint about another user's conduct, please send an e-mail message to email@example.com, or write to Customer Service, proarte.gvcwebdevclass.com, 310 Man Ave, Des Moines IA 50310