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User Agreement

Terms of Use Agreement
The effective date of this Agreement is February 26th, 2009.

WetCanvas has grown tremendously since its start in 1998.  People gather at WetCanvas for community, lessons, art selling tips and tools, critiques, and more.  To ensure the community retains its friendly atmosphere and to prevent problems, it is necessary to have rules that govern the site.  These rules apply to all members of the site.

Please read this page and the associated policies carefully.  These are the rules that govern the community and help make WetCanvas a place where everyone is treated with respect and friendship.

If you have a question regarding a site policy, please bring it to our attention via our feedback form located here: http://www.wetcanvas.com/forums/sendmessage.php.

Terms of Use
This web site is owned by F+W Media, Inc. (“F+W”).  F+W provides this web site and related services to you, the user of this web site, only for your personal, non-commercial use and subject to your acceptance of and compliance with this Terms of Use Agreement (“Agreement”).  Please read the terms contained herein carefully before using this web site and/or the services associated therewith.  Your use of this web site and the associated services confirms your unconditional acceptance of these terms and conditions.  If you do not accept these terms and conditions, do not use this web site.

Changes to this Agreement

1.         F+W reserves the right, in its sole discretion, to revise this Agreement at any time.  If you have provided us with your email address, F+W will notify you of any changes to the terms contained herein via email.  Changes to these terms will be included in a revised version of this Agreement accessible through the web site.  Your continued use of the web site and related services following notification or posting of any changes to this Agreement constitutes your unconditional acceptance and agreement to be bound by the changed terms.  You must cease using the web site if you do not agree to be bound by the revised terms and conditions.

Description of Service

2.         F+W, owner of WetCanvas and its related services, provides users with access to a rich collection of resources, including various communications tools, forums, art selling services, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the “WetCanvas Service”).  You understand and agree that the WetCanvas Service may include advertisements and that these advertisements are necessary for F+W to provide the WetCanvas Service.  Unless explicitly stated otherwise, any new features that augment or enhance the current WetCanvas Service, including the release of new WetCanvas properties, shall be subject to the User Agreement.

General Use, Registration and User Accounts

3.         This web site and related services are intended only for use by those 18 years of age or older and of the age of majority in the jurisdiction in which they reside.  If you are not 18 or older, and of the age of majority in the jurisdiction in which you reside, you cannot use this site without the accompaniment and supervision of your parent or legal guardian.

4.         F+W grants you a limited, nonexclusive and revocable license to make personal and non-commercial use of the site.  This license does not include the right to modify, reproduce, copy or resell any of the content of WetCanvas, or any other F+W site; to download or copy any user’s account information for the benefit of another party; to bypass any technical measures used to prevent or restrict access to any portion of the web site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the F+W web site; to violate or attempt to violate the security of the web site, or to interfere with or attempt to interfere with the proper working of the F+W web site.  You agree to use this web site only for lawful purposes and in accordance with the terms and conditions contained herein.

5.         Before you can make use of certain services associated with this web site, you must register as a user and create a user account.  You are permitted only one user account; multiple accounts or logins are not allowed.  You agree and warrant that all information you provide to F+W through this web site, including but not limited to any contact information and other registration information for your account, is truthful and accurate.  You further agree to maintain the accuracy of your account information, including but not limited to any changes to your email address.  You agree that if you provide any information that is untrue, inaccurate, not current or incomplete, or if F+W has grounds to suspect that such information is untrue, inaccurate, not current or incomplete, F+W may suspend or terminate your account and refuse any and all current or future use of the web site and any associated services.

6.         You agree to accept responsibility for all activities that occur under your account.  You agree to not disclose your account password to others, and you agree to notify F+W immediately of any unauthorized use of your account.  F+W is not responsible for, nor liable, for any loss or other injury you may incur as a result of someone else using your user account or password, either with or without your knowledge.

7.         By creating an account with F+W, you consent to receive communications from us electronically via the email address associated with your account.  These communications may include, but are not limited to, service announcements, administrative messages and the WetCanvas newsletters.  Although you can opt not to receive promotional messages, F+W retains the right to send you informational email messages about your account or administrative notices regarding the site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.).  You agree that any and all communications sent to you electronically via the email address associated with your account satisfy any legal requirement that such communications be in writing.

8.         You acknowledge and agree that you are solely responsible for your interaction with other users of the web site and related services, and that F+W has no obligation to monitor or resolve disputes between users of the site.

9.         You acknowledge that your use of the F+W web site is at F+W’s discretion, and your license to use the web site may be terminated by F+W at any time.  F+W reserves the right, at its sole discretion, to refuse service, to terminate any user’s account, and to alter or delete any material submitted to the web site through the user’s account.  You agree that F+W shall not be liable to you or any third-party for any termination of your account or access to the web site, the WetCanvas Service, or any other related services.

10.       F+W reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the web site, the WetCanvas Service (or any part thereof), or any other related services, with or without notice.  You agree that F+W shall not be liable to you or to any third party for any modification, suspension or discontinuance of the web site, the WetCanvas Service (or any part thereof), or any other related services.

Privacy Policy

11.       By using this web site or creating a user account, you consent to F+W’s collection and use of personal information as discussed in F+W’s Privacy Policy, which is hereby incorporated into this Agreement.  A copy of the Privacy Policy can be accessed here http://www.wetcanvas.com/tos/privacy.php

Submission and Use of Content, and User Activity

12.       You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, software, advertisements or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  This means that you, and not F+W, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the web site or any associated services.  You understand and agree that any Content you post to the web site or any section thereof (including but not limited to the Reference Image Library) becomes a permanent addition to the site, and that you have no right to demand the removal of any Content you post to the web site or any section thereof. 

13.       You grant the following licenses with respect to Content you post or submit to the web site, or otherwise make available through the WetCanvas Service.

a.         You hereby expressly grant to F+W a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to use, reproduce, adapt, modify, publish, edit, translate, perform, transmit, or otherwise distribute and display the Content on, in connection with, or to advertise, promote or archive the web site, and any future features & services for the WetCanvas community, as is necessary for the operation & preservation of WetCanvas & any future features & services for the WetCanvas community, in any form, medium or technology now known or later developed. This license is necessary to allow F+W to operate and properly host the web site, as well as develop new features and services for the WetCanvas community as new online technologies arise. It does not give F+W the right to use your Content in any way it sees fit, but merely allows F+W to include your Content on the web site, to adapt it as necessary in order to display it, and to use your Content in promoting the web site to other users & potential partners (such as in the creation of business brochures & media kits for interested parties such as the press and potential advertisers). The granting of this non-exclusive right is related to the WetCanvas service and any future features & services for the WetCanvas community in development now, or in the future. Other commercial endeavors, such as, but not limited to the publication of books, prints, magazines, DVDs, CD compilations, and non-related works require express permission from the artist or owner of the copyright to use such content in that manner.

b.        With respect to Content you submit to the Reference Image Library, you grant to all other users of the web site a royalty-free, perpetual, non-exclusive, world-wide, irrevocable right and license to use your uploaded images as reference images in the creation of new artwork in a different medium (such as painting, sculpture, and so on), and to sell the artwork they create pursuant to this license to use the image. You do not grant other users the right to digitally alter the image or to otherwise use or sell the image in its unaltered state. You retain the copyright to the original image.

14.       You represent and warrant that you own or otherwise control all the rights to any Content you post or submit to the web site, including but not limited to Content you submit to the Reference Image Library, that use of the information or content you post or submit does not violate the intellectual property rights of any third parties, and that use of the information or content you post or submit will not cause injury to any person or entity.  You agree that you will indemnify F+W or its affiliates for all claims resulting from or related to Content you post or submit.  You further represent and warrant that any Content you post or submit to the web site will not contain libelous or otherwise unlawful, threatening, abusive or obscene material; will not contain software viruses or other harmful devices, and will not be part of any mass mailing or other form of spam.  In line with, and without limiting, the foregoing, you specifically agree that you will not:

a.         Post, submit, transmit, or provide links to any Content that is unlawful (according to local, state, federal or international law) or any Content that advocates illegal activity, or otherwise use the web site and any associated services to violate any applicable local, state, federal or international law or regulation having the force of law;

b.         Post, submit, transmit, or provide links to any Content that could be considered harmful, pornographic, obscene, indecent, lewd, vulgar, profane, violent, abusive, threatening, insulting, harassing, hateful, tortious, or otherwise objectionable;

c.         Post, submit, transmit, or provide links to any Content that harasses, victimizes, degrades, or intimidates an individual or group or individuals on the basis of religion, race, ethnicity, age, gender, sexual orientation, or disability;

d.         Post, submit, transmit, or provide links to Content that contains defamatory, false or libelous material, or any Content that is invasive of another’s privacy;

e.         Post, submit, transmit, or provide links to any Content that infringes or violates any intellectual property or other right of any entity or person, including, without limitation, copyrights, patents, trademarks, trade secrets, rights to privacy, rights of publicity, or other proprietary rights;

f.          Post, submit, transmit, or provide links to any Content that you do not have a right to make available under law or under a contractual or fiduciary relationship (including but not limited to inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

g.         Post, submit, transmit or provide any links to any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, surveys, contests, or any other form of solicitation, unless it is on a page that explicitly states that such postings are allowed on that page;

h.         Impersonate any other person or entity, including but not limited to an F+W or WetCanvas official, administrator, forum leader, moderator or guide, or falsely state or otherwise misrepresent your affiliation with a person or entity, or adopt a false identity if the purpose of doing so as to mislead, deceive, or defraud another;

i.          Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you post or submit to or via the web site and any related services;

j.          Use the web site and any associated services in any manner which could damage, disable, overburden, impair, or otherwise interfere with the use of the web site and associated services by any other users, or which could damage, destroy, or otherwise disrupt or limit the functionality of any computer software or hardware or telecommunications equipment, including but not limited to by means of posting, submitting, transmitting or providing a link to any computer viruses, Trojan horses, worms, or other harmful computer code, files or programs designed or intended to damage, interfere with, monitor surreptitiously, or take over another computer, any computer hardware or computer software;

k.         Attempt to gain unauthorized access to this web site, any F+W website, other accounts, computer system, or networks connected to this web site, through hacking, password mining, or any other means;

l.          Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

m.        Obtain or attempt to obtain any materials or information through any means not intentionally made available through this web site, including but not limited to harvesting or otherwise collecting personal or contact information of other users;

n.         Contact anyone who has asked not to be contacted, “stalk” or otherwise harass another person or entity, or harm minors in any way.

You are solely responsible for any activity and postings made in connection with your user account.  Any violation of these provisions can subject your account to immediate termination and, possibly, further legal action.

15.       You understand that the technical processing and transmission of the web site, the WetCanvas Service, and any related services, including Content you submit, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

16.       F+W does not control any Content delivered via the web site and related services by you or other users, and, as such, does not guarantee the accuracy, integrity or quality of such Content.  You understand that by using the web site, you may be exposed to Content that is offensive, indecent or objectionable.  Under no circumstances will F+W be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the web site and/or associated services. 

17.       The opinions expressed in postings or other Content on this web site are not necessarily those of F+W or its content providers, advertisers, sponsors, affiliated or related entities.  F+W makes no representations or warranties regarding any information or opinions posted to or otherwise included on or transmitted through the web site.  F+W does not represent or guarantee the truthfulness, accuracy, or reliability of any Content or determine whether the Content violates the rights of others.  You acknowledge that any reliance on material posted by other users will be at your own risk.

18.       You acknowledge that F+W is not obligated to pre-screen, regularly review, monitor, delete or edit the Content of the web site.  However, F+W reserves the right to do so at any time at its sole discretion, either itself or through its designees, for any reason or no reason, and to edit or delete any posting or submission with or without notice.  Without limiting the foregoing, you agree that F+W and its designees have the right to edit or remove any Content that violates the User Agreement or that F+W otherwise finds objectionable.  F+W is not responsible or liable for damages of any kind arising from any Content, or from F+W’s alteration or deletion of any Content, even when F+W is advised of the possibility of such damages.

19.       You understand that some Content or other materials available on or through the web site may include security components designed to protect digital materials, including digital rights management information.  You agree that you will not attempt to override or circumvent any such protections.

20.       Any unauthorized reproduction, modification, publication, further distribution or public exhibition, in whole or in part, of the Content or other materials provided on or in connection with the web site, the WetCanvas Service, and any related services is strictly prohibited.  You agree that you shall not make any unauthorized use of the Content or materials available on or through this web site. 

21.       The trademarks, logos, and service marks displayed on this web site are owned by F+W and third parties, and this web site’s trade dress is owned by F+W.  All trademarks not owned by F+W are the property of their respective owners, and, where used by F+W, are used with permission.  Nothing contained on this web site may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

22.       You acknowledge that F+W may establish general practices and limits concerning use of the web site and related services, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained on the web site, the maximum number of private messages that may be sent from or received by an account, the maximum size of any private message or post that may be sent from or received by an account, the maximum disk space that will be allotted on F+W’s servers on your behalf.  You agree that F+W has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the web site and associated services.  You acknowledge that F+W has the right to delete accounts that are inactive for an extended period of time.  You further acknowledge that WetCanvas has the right to modify these general practices and limits from time to time and without notice to you.

23.       You acknowledge, consent, and agree that F+W may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:

  1. Comply with legal process
  2. Enforce this Agreement
  3. Respond to claims that any Content violates the rights of third-parties
  4. Respond to your requests for customer service
  5. Protect the rights, property, or personal safety of F+W, its affiliates, other users and the public.

 

Rules of Conduct

24.       You agree to abide by the following Rules of Conduct with respect to your use of the web site and any related services, including but not limited to the forums, chat room and private messaging system.  These rules are meant to ensure a community that is considerate and respectful to all others.  Posts that are in violation of these rules may be edited or removed.  Violations of these rules can also result in account suspension or termination, at F+W’s discretion.  F+W will typically only terminate accounts where a user has repeatedly violated these rules; however, F+W reserves the right to terminate a user’s account without prior notice if F+W believes that a particular violation of these rules warrants immediate termination.

a.         Member Names:  Refrain from choosing a user name that might be considered offensive.  Any user names that F+W considers, in its sole discretion, to be in violation of this rule will be changed and account access to the old name will be disabled. 

b.         Personal Information:  Respect the privacy of others.  Do not post personal information (name, address, location, age, profession, email address, etc.) regarding other users.  In addition, F+W cautions you to exercise judgment when revealing personal information about yourself in any message, whether in a public forum, in a chat room, or in a private message, as third parties may be able to obtain and use that information.  F+W is not responsible for any communications you receive, including spam, if you post or disclose your email address or other contact information on the web site, or in messages to other users.

c.         No Angry or Argumentative Posts:  All posts should be considerate and respectful of others.  Read your post twice before you submit it.  If there is any content that may be perceived as argumentative or motivated by anger, either do not post the message or revise it before posting.  Similarly, if you encounter a post that you believe is angry or argumentative, do not respond to it.  Examples of posts which can come across as argumentative include such phrases as the following:

  1. You know perfectly well …
  2. You are deliberately …
  3. You are intentionally trying to deceive …
  4. You know I’m right, but …
  5. I mean no offense, but …

 

In addition, “SHOUTING” (typing in all capital letters) can also come across as angry or argumentative.  Simply removing these phrases (or the use of capital letters) may not be enough to comply with this rule.  If the overall tone of the post remains angry or argumentative, you should either revise or refrain from posting the message.

d.         No Taunting:  Do not post taunts or other messages deriding or poking fun at other users, their work, or the topic of discussion. 

e.         No Republication of Private Messages:  Do not post copies of emails or private messages to the public forums without the consent of the original author.  If the message was intended to have a private audience, you may not post it publicly.

f.          Limited Cross-Posting:  Refrain from posting copies of the same message in multiple forums or threads, unless pertinent to each discussion forum. Whenever possible, choose the single most appropriate forum for your topic.

g.         No Reviving Closed Topics:  If a post is edited or a topic closed by a moderator, do not repost the edited material or restart the closed discussion in another thread.  Similarly, do not post messages asking why a particular message was edited or a topic closed.

h.         Inappropriate Language:  The use of inappropriate or offensive language is not permitted on this site.  Inappropriate or offensive language includes, but is not limited to, any language or content that is sexually oriented, sexually suggestive or abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or that contains racially, ethnically or otherwise objectionable material of any kind.

i.          Use Appropriate Forums:  Our forums encourage discussion on a wide variety of topics.  When choosing to initiate a topic, please choose the most appropriate forum for that topic.  When responding to a particular topic, keep your posts focused on the topic of the forum in which the original message appears.  Each forum has a different topic.  What is appropriate in one forum may not be appropriate in another.  In line with the foregoing, all discussions regarding controversial topics (such as abortion, religion, capital punishment, gun control, legalization of drugs, etc.) must be restricted to the Debates forums.  F+W reserves the right to move posts or threads, to more appropriate forums, without prior notice and in F+W’s sole discretion, or to delete posts or threads in inappropriate forums.  

j.          Erotic Art and Pornography:  Posting your own erotic art is permitted in this community, provided that it is properly designated as erotic art and that it is not pornographic.  With regard to the suitability of a post on this web site, F+W determines, in its sole discretion, whether a particular piece of art falls into the erotic or pornographic category.  As a general guideline, valid erotic entries include nudes, studies of the human form, and works displaying sexual activities as long as the art is tasteful and does not illustrate physical penetration.  You must designate a particular post as erotic by tagging it with the special icon provided for erotic art posts ( image_1 ).

If you would like to report a breach of the Rules of Conduct of a member, please use the report a post exclamation icon located at the top-right corner of every post.  This sends an email to a moderator so that the issue can be looked into further.

F+W strives to maintain the WetCanvas web site as a place where people can gather to discuss their art and their lives as artists.  It is our goal to permit posts and discussions that do not detract from this purpose or lead to the harm of the community or its members.  The rules set forth above are intended to provide some structure to member discussions and to guard against the negative effects that damaging and destructive posts can have on a community.  F+W recognizes that it may sometimes anger some community members by allowing a post they consider repulsive, or by editing or removing a post they believe complies with these guidelines.  While you may not always agree with F+W’s decisions as to whether a post or other submission is acceptable, you agree not to challenge those decisions.

Three Strikes Guideline

Moderators strive to give members the benefit of three strikes. The first strike will be a warning, often sent by PM or email. The second strike will be a warning that one more incident will lead to account removal. The third strike will result in account removal.

Please understand that this is a moderation guideline only. Behaviors deemed injurious to the community will lead to immediate account removal without notice.

We reserve the right to restrict, suspend, or terminate access to any part of these forums at any time. It is not necessary to be a repeat offender to be removed.

Reconciliation

Persons who violate the terms of the user agreement may be subject to our suspension system.

If it is determined that you have willfully and deliberately violated portions of the user agreement which the moderators, administrators, and other agents of the WetCanvas Service deem more serious, a one week suspension may be issued against your user account. You will be notified of the nature of the violation and the suspension by an administrator or moderator.

A second violation will result in a similar procedure and a one month suspension of membership.

A third deliberate and serious violation will result in permanent termination of your membership. You will be notified of this action, via e-mail, by an administrator. You may appeal the termination at that time by communicating with the administrator. Appeals will be reviewed by a specially convened panel of moderators and administrators, which will make recommendations based on available evidence. Appeals at a later date may not be considered.

Future reconciliation will be considered after:
a.         A suitable period of account suspension.
b.         Application by the suspended member to administration.
c.         The merits of the case have been fully examined.

Non-Commercial Use

25.       This web site is for the personal use of individual members.  Because F+W relies on paid advertisements to help fund the continued operation of this site, F+W cannot allow users to post free advertisements in the forums or any other areas of the web site, or through services associated with the web site.  Consequently, F+W has adopted a very strict anti-solicitation policy for this web site.  Except as set forth herein, this web site and related services may not be used to promote commercial endeavors or to solicit business transactions, or for charitable or fund raising purposes.  You therefore may not post, or private message or email to other WetCanvas members, any solicitations or other commercial information, or any information, images or text of a solicitous or promotional nature intended to result, directly or indirectly, in financial gain for yourself or any organization, company or business, unless the post falls within one of the following exceptions:

a.         Links in Signature Lines — You may use your signature line to provide up to 3 links to your own personal sites or areas on other sites reserved for your use (such as a blog, a site where you display your portfolio of art).  You may also include up to ten links to URLs within the WetCanvas Community (http://www.wetcanvas.com), these are in addition to the three personal previously-mentioned links.
i.          You may not use promotional language in these links.  For example, you may post: “My eBay” with a link to your eBay listings, but you may not post “My eBay — Check out my newest creations.” Similarly, you may post “Joseph’s Art Studio” but not “Buy My Art at Joseph’s Studio.”
ii.         You may only use these links to promote your artwork.  You may not use them to promote products.  For example, you may NOT post a link to where you sell paintbrushes or glass supplies.
iii.        If you wish to include graphics in your signature line, the graphic images must comply with these restrictions:  (a) the graphics must be your own, original artwork; (b) the graphics must not contain nudity; (c) the graphics must fit within a 468 × 60 pixel banner with no additional text; (d) the graphics must not contain any business or company logos or other images, except that members of the Partnership Program may display a 468 × 60 pixel company banner.  Any links embedded in these graphics must comply with the other restrictions on the use of links provided above, and any such links count toward the total of 3 off-site links you are permitted in your signature line.
iv.        If F+W determines that your signature line does not comply with the above restrictions, F+W may edit or remove your signature line.  F+W will notify you of any such change.  Alternatively, F+W may contact you with instructions to edit your signature line in compliance with these terms.  Refusal to comply with these instructions may lead to user account suspension or removal.

b.         Swap Shop and Bargain Basement — The Swap Shop and Bargain Basement forums are special areas on the web site set aside to permit members to swap or sell individual art work, or to swap or sell individual materials, tools or supplies.  Posts related to commercial transactions are permitted in these forums.  However, the posts must relate to the offering for sale or trade of a specific item (either artwork, tool or material).  Posts dedicated to showcasing an entire collection of artwork or to advertising generally that you sell artwork or art services are not permitted.  Similarly, general advertisements for sales on artist materials, tools or supplies and posts promoting web sites where such items are sold are not permitted.  Swap Shop or Bargain Basement posts may not direct or drive users to another web site to complete the transaction.  The purpose for each of these forums is as follows:
i.          Swap Shop Forum. This forum is for selling or bartering items that you no longer need and would like to get rid of.  It is only for artist-to-artist transactions and one time deals.  If selling items is a regular source of income, do not post your items here.
ii.         Bargain Basement Forum. This forum is for selling individual paintings, sculptures, prints, and other works of art for sale.

c.         Workshops — Teachers and providers of workshops may not advertise those workshops through posts in the forums.  They may, however, provide informational answers about their workshops in response to direct questions, as discussed below, and may also publish announcements of upcoming workshops using the web site’s calendar system.

d.         Partnership Program — F+W offers a Partner Program that offers custom discussion forums, banner advertising, press releases, traffic shaping, and more.  Details about the Partner Program can be found at http://www.wetcanvas.com/MediaKit/.  Interested parties can also contact F+W directly at support@wetcanvas.com.  Partners may use the site for commercial purposes under the terms set forth in the Partnership Program agreement, including by posting commercially-oriented messages in the Partner’s specially-designated Partner forum.  Participation in the Partner Program does not, however, give Partners a license to engage in solicitous or promotional activities on the public forums. 

e.         Informational Responses to Direct Questions — Individuals in business for themselves and representatives of organizations, companies and businesses who are not participants in the Partnership Program may post in their official capacity, but only in response to direct questions or posts concerning their business.  Individuals may not provide information about their business or organization in response to a general question about products or services they offer; they may only respond to posts that directly concern their particular business.  Responses should be kept short and provide only the specific information requested, or address the topic at hand in a non-solicitous manner.  In no event may the response contain any direct or indirect solicitations for business or other promotional material.  Only a single response should be made to any particular issue raised in a post; where appropriate, the response should refer the user off-site for future discussion.  The following examples are provided as guidelines as to permitted and prohibited responses.
i.          If a post asks where a particular workshop provider is located, the provider of the workshop can respond by providing a brief description of its location.  The provider can also direct the user to its web site for directions, if appropriate.
ii.         If a post asks if anyone knows of a good workshop on a particular topic, but does not ask about a particular workshop provider, businesses that provide workshops on that topic, or any individuals connected with the business, cannot respond with information about the business’s workshops unless they are participants in the Partnership Program.  Similarly, if a post asks if anyone knows where to get a particular product or supply, businesses that sell those goods, or individuals connected with the business, cannot respond with information about their business unless they are participants in the Partnership Program.  Partnership Program participants who do respond to such posts should not carry on extended conversations on the general message boards, but should instead direct users to their dedicated forum for additional information or to continue the discussion. 
iii.        If members are discussing problems with a particular vendor (such as problems with timely shipping), the business can step in with a brief response that provides the members with information as to how the members can contact them to resolve the problem.  An acceptable response might be: “We at XYZ Corporation encourage everyone to get in touch with us using the support email at www.xyzcorporation.com and we will do all that we can to resolve any problem.”

f.          Examples of Prohibited Uses — Below are examples of activity F+W considers to be in violation of the anti-solicitation policy.  These are provided as examples only, and do not limit the broad application of the policy as set forth above. 
i.          Posts questioning the anti-solicitation policy (e.g., “Why won’t you let me advertise for free?” posts).  Sometimes well-meaning individuals and business owners seem angry that F+W does not allow free advertising on the site.  The site requires multiple servers, full-time person(s), and pushes many terabytes of data each month; please know the site costs more than it takes in from member-generated support and requires the support of paid advertisers to continue to operate.
ii.         Direct solicitations or offers.  Representatives of a third party site may not solicit users of this site to engage in activities on third party sites (such as purchasing products, posting, creating articles, enrolling in lessons or workshops, contributing to projects, etc.).
iii.        Indirect solicitations or offers.  Indirect solicitations or offers disguised, or embedded within, other, often meaningful or useful information.  This includes the use of message posts to discuss or promote (directly or indirectly) your products and/or services beyond that permitted under subsection (e) above.  Please know that the entire post may be removed in these instances.
iv.        Fund-raising solicitations.  Posts asking, directly or indirectly, for contributions to any charitable organization or cause.
v.         Bulk Purchase. Use of posts or other communications seeking to organize the bulk or pooled-purchase of art supplies or other materials.
vi.        Special Deals. Use of posts to convey solicitous information, such as special deals, sales, inventory availability (or other stock-level information), shipping or payment terms, phone numbers, reference to other vendor sites or other such information, beyond that permitted under subsection (e) above.
vii.       Free Offers.  Advertisements or posts mentioning or discussing free giveaways of products or services, regardless of whether the post or giveaway is tied to a commercial endeavor.
viii.      Private Messages.  Use of solicitous private messages with any possibility of financial gain.
ix.        Avatars. Use of company logos for avatar/tinyhead images is not allowed, except for members of the Partner Program.

Advertising and Links

26.       F+W may provide, or third parties, partners, and advertisers may post links to other Internet sites or resources.  Because F+W has no control over such sites and resources, you acknowledge and agree that F+W 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 further acknowledge and agree that F+W 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 or through any such site or resource.

27.       If you link to sites related to the WetCanvas Service, we require that you follow these guidelines.  The link to this web site must not damage, dilute, or tarnish F+W or the goodwill associated with any F+W names and/or intellectual property, nor may the link create the false impression that your web site and/or organization is sponsored by, endorsed by, affiliated and/or associated with F+W.  You agree that you will not link to the web site from any source that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise inappropriate.  Under no circumstances will you “frame” this web site or alter its intellectual property or content in any way.  F+W reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with F+W, its web site, and/or these terms.  Users are requested to inform F+W of any errors or inappropriate material found on web sites to which this web site is or may be linked.

28.       Your dealings and communications (including but not limited to business dealings, participation in promotions, or transactions prompted by online advertisements) with any advertiser or other third party found on or through the web site are solely between you and that third party.  You agree that F+W shall not be responsible or liable for payment; delivery of goods or services; any terms, conditions, warranties or representations associated with such dealings, or any loss or damage of any sort resulting from or associated with such dealings, or for any loss or damage of any sort incurred as the result of the presence of such advertisers or other third parties on the web site.  Please review carefully the third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction.  Any complaints, concerns or questions you may have related to materials provided by or dealings with third parties should be forwarded directly to the third party.

Additional Terms

29.       Certain areas within this web site and certain services offered through this web site may be governed by additional terms  presented in conjunction with those areas or services.  You must agree to these additional terms before using those areas or services.  The additional terms and this Agreement shall apply equally.  In the event of an irreconcilable inconsistency between the additional terms and this Agreement, the additional terms shall control.

Disclaimer of Warranties; Indemnification; Resolution of Disputes

30.       F+W provides this web site and the associated services in connection with one or more affiliated companies.  Any terms and conditions related to the disclaimer of warranties, your obligation to indemnify F+W, and your available remedy in the event of any dispute apply equally with respect to these affiliated companies.

31.       THIS WEB SITE, ITS CONTENT, AND ANY ASSOCIATED SERVICES ARE PROVIDED BY F+W ON AN “AS IS” AND “AS AVAILABLE” BASIS.  F+W MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEB SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, F+W DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.

32.       BY USING THE F+W WEB SITE, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND ANY ASSOCIATED SERVICES IS AT YOUR OWN RISK.  F+W DOES NOT WARRANT OR GUARANTEE THAT ITS WEB SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF F+W ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS.  FURTHER, F+W DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS WEB SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND F+W, OR BETWEEN YOU AND ANY OTHER USER OF THE WEB SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.

33.       F+W WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF F+W HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.  WITHOUT LIMITING THE FOREGOING, F+W WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS WEB SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE, OR FOR ANY DAMAGES ARISING OUT OF A THIRD PARTY’S UNAUTHORIZED ACCESS TO AND USE OF YOUR PERSONAL INFORMATION STORED ON F+W’S COMPUTERS AND/OR SERVERS. 

34.       CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

35.       You agree to indemnify, defend and hold harmless F+W, its subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorney fees, arising from or related to your use of this web site and the services provided in connection with the web site, or your breach of any provision of this Agreement or any warranty provided hereunder. 

36.       You agree that if you are dissatisfied with the web site or any services offered in connection with the web site, if you do not agree with any part of this Agreement, or you have any other dispute or claim with or against F+W with respect to this Agreement or the web site, your sole and exclusive remedy is to discontinue using the web site and any services offered in connection with the web site.

37.       This web site is created and maintained by F+W in the State of Ohio.  You agree that the laws of the State of Ohio will govern this Agreement, without giving effect to any principles of conflicts of laws.  Any action or proceeding arising out of this Agreement or your use of the F+W web site must be brought in the state or federal courts located in Hamilton County, Ohio, and you hereby consent to the exclusive personal jurisdiction of such courts.  You further agree to file any cause of action with respect to this Agreement within six (6) months after the cause of action arises.  You agree that a cause of action filed after this date is barred.

Copyright Infringement Claims

38.       F+W respects the intellectual property rights of third parties, and complies with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights.  F+W reserves the right to remove access to infringing material posted to its web site.  Such actions do not affect or modify any other rights F+W may have under law or contract.

If you believe that any portion of the material contained on this site infringes your copyright, notify F+W of your claim in accordance with the following procedure.  We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512(c)(3).

Written Notification must be submitted to this site’s Designated Agent:

Lori Krafte, Esq.
Greenebaum, Doll & McDonald PLLC
2900 Chemed Center
255 East Fifth Street
Cincinnati, Ohio 45202
Facsimile: 513-762-7935
Email: lek@gdm.com

To be effective, the Notification must be in writing and contain the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Upon receipt of the written Notification containing the information outlined above, F+W will:

  1. Remove or disable access to the material that is alleged to be infringing;
  2. Forward the written notification to such alleged infringer;
  3. Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.

 

A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:

  1. A physical or electronic signature of the alleged infringer;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. The alleged infringer’s name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which F+W may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person.

 

Upon receipt of a Counter Notification containing the information outlined above, F+W will:

  1. promptly provide the complaining party with a copy of the Counter Notification;
  2. inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided F+W’s Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on F+W’s network or system.

 

This process only relates to reporting a claim of copyright infringement.  Messages related to other matters will not receive a response through this process.

General Information

39.       This Agreement represents the entire understanding between you and F+W regarding your use of the web site and all related services, and governs your use of the web site and related services.  Except as expressly noted herein, this Agreement supersedes any and all other agreements, express or implied, between you and F+W, or WetCanvas, regarding this web site.  This Agreement may be modified from time to time by F+W at its sole discretion.  You acknowledge that you have no authority to modify the terms of this Agreement in any way.  If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the extent possible, and the offending provision shall be treated as though not a part of this Agreement.  F+W’s failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights under this Agreement.


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