(I) COPYRIGHT AND TRADEMARKS
All content included in NURTUREart, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of NURTUREart or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of NURTUREart and protected by U.S. and international copyright laws. All software used on this site is the property of NURTUREart and is protected by U.S. and international copyright laws.
The content and software on this site may be used as provided for in the Member Agreement. Any other use, including the reproduction, modification, or creation of derivative works, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
(II) RESTRICTIONS AND DESCRIPTION OF PROHIBITED ACTS
(a) You may not use any NURTUREart Service, the selection of a web address for your Member Site, the Technology, or the Member Site to, including, but not limited to:
(i) display material containing pornographic material of any kind;
(ii) provide material that is grossly offensive to the NURTUREart online community, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or post any obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable content;
(iii) sell or promote any products or services that are unlawful in the location at which the content is posted or received;
(iv) access illegally or without authorization any computers, accounts, or networks of NURTUREart or any NURTUREart Member, or attempt to penetrate NURTUREart's security measures ("hacking"), or conduct a port scan, stealth scan, or other information-gathering activity the intent of which is to gather information to be used to attempt a system penetration; or upload to NURTUREart, send through NURTUREart, or have NURTUREart host or distribute any Internet viruses, worms, Trojan horses, other harmful code, pinging, flooding, mail bombing, or denial-of-service attacks; or disrupt the use of or interfere with the ability of others to effectively use a NURTUREart Service or any connected network, system, service, or equipment;
(v) display material that exploits, or otherwise exploit, children under 18 years of age;
(vi) post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party;
(vii) promote, solicit, or participate in pyramid schemes;
(viii) post any content that holds NURTUREart up to public scorn or ridicule;
(ix) engage in any libelous, defamatory, scandalous, threatening, or harassing activity;
(x) post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents' consent, in case of a minor); and/or
(xi) post any content that advocates, promotes, or otherwise encourages violence against any governments, organizations, groups, or individuals or that provides instruction, information, or assistance in causing or carrying out such violence.
(b) You agree that without the express consent of NURTUREart (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell, or offer to sell the following products or content (or services related to the same) on the Member Site you create: pharmaceutical or any other controlled substances; illegal drugs; illegal drug contraband; alcohol; firearms; weapons; pirated computer programs; pornography or illicitly pornographic sexual products; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades, or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities that can lead to physical harm to any group or individual, or any activities that lead to cruelty to animals. You may not use the NURTUREart Service, Technology, or Member Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) Unless NURTUREart offers a service to conduct any of the following, you agree that you will never conduct the following types of activities on the Member Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
(e) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any NURTUREart Service or any Technology; individual passwording of Member Sites (or pages contained therein); deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using a NURTUREart Service, NURTUREart Solution, or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual-property laws, including copyright and patent laws.
(III) CHANGES TO THE TERMS AND CONDITIONS
NURTUREart may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, NURTUREart will also give reasonable notice before any modification of the then-current NURTUREart Service that could change your Member Site. NURTUREart will announce changes to our fees and charges by posting them in the “My Account” section of our service. NURTUREart may, at its discretion, supplement such notice by sending you an email or by putting a popup notice on your screen when you access the NURTUREart Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 8. Your use of the NURTUREart Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the NURTUREart Service, and its fee schedule.
(IV) INFORMATION ABOUT YOU AND YOUR BUSINESS
(b) In order to protect you, NURTUREart uses state-of-the-art technology to protect your data from unauthorized third parties. Currently NURTUREart encrypts all your personal information.
(V) NURTUREart RIGHTS
(a) Member Site Content Changes. NURTUREart reserves the right to make changes to Member Site upon written request by you to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by NURTUREart at its sole discretion, to rectify the infringing content. If after such time has expired the Member Site does not conform to NURTUREart's satisfaction, NURTUREart may make changes to the content of Member Site to bring it to compliance with this Agreement. Member agrees not to hold NURTUREart liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to Member Site in response to Member request to do so or in response to a Member Site that breaches this Agreement. NURTUREart's decisions are final and binding. Notwithstanding the above, NURTUREart also reserves the right to discontinue the provision of any or all aspects of the NURTUREart Service or any NURTUREart Solution to any Member for any breach of this Agreement.
(b) Communications. You will receive a confirmation email from us at the time of registration. NURTUREart reserves the right to communicate with all Members regardless of their email subscriptions in the event that important messages need to be communicated to Members, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Agreement.
This agreement shall be effective upon when you click on the “Subscribe now” button until terminated in accordance with the provisions below.
(b) Termination by NURTUREart
(i) NURTUREart may at any time without notice to you discontinue any or all aspects of the NURTUREart Service or restrict your use of the NURTUREart Service in whole or in part for any breach of this Agreement by you; or if NURTUREart determines in its sole and exclusive judgment that terminating your use of the NURTUREart Service is necessary for security reasons or for proper continued operation of the NURTUREart Service; or your use of the NURTUREart Service or Technology is not for legitimate business purposes, or your use of the NURTUREart Service violates any laws or regulation; or if NURTUREart receives information that the NURTUREart Service or your use of the NURTUREart Service (or any part thereof) may violate any third-party right. For more information on copyright infringement, go to our Copyright Manager page.
(ii) NURTUREart may at any time, with thirty (30) days notice to you, modify or discontinue any or all aspects of the NURTUREart Service.
(iii) NURTUREart may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the NURTUREart Service.
(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. NURTUREart reserves the right to delete any data files associated with your use of the NURTUREart Service upon termination of this Agreement.
(c) Termination by You.
You may cancel your NURTUREart account at any time.
Effects of Cancellation
If you cancel your NURTUREart membership, then you will no longer have access to any of the tools and services included in the service, therefore: (i) NURTUREart will no longer host your registry page, and all of your Information will be deleted; (ii) you will no longer have access to any files, attachments, and any other information or content included in your account will be deleted
NURTUREart IS NOT RESPONSIBLE FOR THE DELETION OF ANY FILE, ATTACHMENT, INFORMATION, CONTENT, OR ANY OTHER CONSEQUENCE OF YOUR DECISION TO CANCEL THIS SERVICE.
You agree to indemnify NURTUREart and hold NURTUREart harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the NURTUREart Service in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Member Site; (iii) any breach by you of this Agreement; and/or (iv) any indecent, obscene, or libelous material posted on your Member Site.
(VIII) REPORTING VIOLATIONS
NURTUREart does not actively monitor the content of Member Sites but will investigate complaints of a violation of third-party rights. Violations or infringement of a third-party copyright, other intellectual property right, or other right will be dealt with in accordance with the NURTUREart Policy.
(IX) PROPRIETARY RIGHTS
As between the parties, NURTUREart acknowledges that it claims no proprietary rights in your Information or any intellectual property right contained therein. As between the parties, you acknowledge and agree that NURTUREart and its licensors own all right, title, and interest in: (a) the NURTUREart Service (b) the Technology available on the NURTUREart Service; you agree that the Technology available on the NURTUREart Service is protected by U.S. and international copyrights, trademarks, service marks, patents, or other proprietary rights and laws; therefore, you are permitted to use this NURTUREart Technology only as expressly authorized by NURTUREart. You agree that, except as expressly authorized by NURTUREart, all the NURTUREart Technology available on the NURTUREart Service may be used by you only for your internal business and data-gathering purposes. You may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this NURTUREart Technology without expressly being authorized to do so by NURTUREart.com
(X) TRADEMARKS AND SERVICE MARKS
NURTUREart Non-Profit, Inc. and other pending and/or registered trademarks and service marks, and other graphics, logos, and service names used by NURTUREart on the NURTUREart website to identify the programs or services of NURTUREart (collectively the "NURTUREart Trademarks") are the trademarks of NURTUREart. You agree not to use the NURTUREart Trademarks in connection with your products or services or any third-party products or services or in any manner that disparages or discredits NURTUREart.org All other brands and names (including third-party product names) used on the NURTUREart Service are the property of their respective owners.
(XI) LIMITATION ON LIABILITY
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL NURTUREart, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE NURTUREart SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE NURTUREart SERVICE ("GALLERYARTIST.COM AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE NURTUREart SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF NURTUREart HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF NURTUREart AND THE NURTUREart AFFILIATES ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO NURTUREart DURING THE TERM OF THIS AGREEMENT FOR ANY NURTUREart SERVICE OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS NURTUREart OR ANY NURTUREart AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND NURTUREart'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
(a) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER SITE DO NOT REFLECT THOSE OF NURTUREart, AND NURTUREart DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER SITES. NURTUREart IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN MEMBER SITE. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER SITE AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER SITE INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT, OR TRADE SECRET OR OTHER LAWS WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(b) NURTUREart IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE NURTUREart NETWORK OR THROUGH ANY NURTUREart AFFILIATE PROGRAM OR THROUGH THE MEMBER SITES.
(c) NURTUREart SERVICE, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE NURTUREart SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER NURTUREart NOR NURTUREart'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE NURTUREart SERVICE, CONTENT, TECHNOLOGY, OR PRODUCTS THAT NURTUREart OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND NURTUREart AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FOREGOING, NO WARRANTY IS GIVEN THAT THE NURTUREart SERVICE OR TECHNOLOGY IS ERROR-FREE. NURTUREart AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(d) NURTUREart DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. NURTUREart AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(e) THE DOCUMENTS AND GRAPHICS APPEARING ON THE NURTUREart SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE NURTUREart SERVICE OR TECHNOLOGY.
(f) NURTUREart MAY PROVIDE LINKS TO OTHER WEB SITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT NURTUREart IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT NURTUREart SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS, OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD-PARTY SITES.
a) This Agreement shall be governed by and construed in accordance with U.S. federal and New York laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the state of California, which are located in San Francisco, CA. If local laws prohibit your participation in any part of the NURTUREart Service, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and NURTUREart will be settled by arbitration in New York, NY, in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in posting such notices in “My Account”. NURTUREart may broadcast notices or messages through “My Account” to inform you of changes to this Agreement, the NURTUREart Posting in “My Account”, or other matters of importance; such broadcasts shall constitute notice to you. All notices to NURTUREart from you must be made in writing via our Customer Support form.
(e) NURTUREart's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NURTUREart in writing.
(f) This Agreement comprises the entire agreement between you and NURTUREart and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(g) Your membership in the NURTUREart Service and any of your rights hereunder may not be assigned or transferred to any third party. NURTUREart reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 16 years, have read this Agreement, and agree to be bound by its terms and conditions.