Date Last Updated: July 19, 2005
Please read this page carefully. These are the rules that govern the community and help make WetCanvas! a place where everyone is treated with respect and friendship.
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.
Like any set of rules, this document is constantly evolving to stay useful and provide guidance.
By using WetCanvas! and Art-Agent, owned and operated by Original LLC, you agree to the terms of service in this User Agreement ("User Agreement"), which may be updated by us from time to time without notice to you. In addition, when using particular Original LLC owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
Please read these terms carefully. These rules are meant to ensure a community that is considerate and respectful to members.
Registration to this site is free! We do insist that you abide by the rules and policies summarized here and detailed below. By using the site, you agree to these terms.
Please note, the following agreements are incorporated into the User Agreement and are agreed to in accepting the User Agreement:
Want Some Cool Additional Reading on Message Board Netiquette?
Questions & Feedback
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/tos/feedback.php.
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 to further.
OK, Now Itís Time for the Legalese and the Complete Terms of Service...
1. DESCRIPTION OF SERVICE
Original LLC, owner of WetCanvas! and Art-Agent, (WetCanvas!) 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 "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for WetCanvas! to provide the Service. You also understand and agree that the Service may include certain communications from WetCanvas!, such as service announcements, administrative messages and the WetCanvas! Newsletter, and that these communications are considered part of WetCanvas! membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new WetCanvas! properties, shall be subject to the User Agreement. You understand and agree that the Service is provided "AS-IS" and that WetCanvas! assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
Please be aware that WetCanvas! has created certain areas on the Service that contain adult or mature content. You must be at least 13 years of age to access and view such areas.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WetCanvas! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WetCanvas! has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WetCanvas! of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WetCanvas! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, artwork, video, messages 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 WetCanvas!, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WetCanvas! does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will WetCanvas! be liable in any way for any Content, including, but not limited to, for 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 Service.
You agree not to use the Service to:
You acknowledge that WetCanvas! may or may not pre-screen Content, but that WetCanvas! and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, WetCanvas! and its designees shall have the right to remove any Content that violates the User Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by WetCanvas! or submitted to WetCanvas!, including without limitation information in WetCanvas! Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that WetCanvas! 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: (a) comply with legal process; (b) enforce the User Agreement; (c) respond to claims that any Content violates the rights of third parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WetCanvas!, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WetCanvas! and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although WetCanvas! cannot monitor the conduct of its members off the Web site or on the Web site, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any member without their prior written consent.
You are solely responsible for your interactions with other WetCanvas! members. WetCanvas! reserves the right, but has no obligation, to monitor disputes between you and other Members.
6. NON-COMMERCIAL USE BY MEMBERS
The Web site is for the personal use of individual Members only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Members and should not use the Service or the Web site for any purpose. Illegal and/or unauthorized uses of the Web site, including collecting email addresses or other contact information of members by electronic or other means for the purpose of sending unsolicited email, unsolicited private messages, and unauthorized framing of or linking to the Web site will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. It is also a violation of this policy to post, private message, or email WetCanvas! members solicitations, spam, junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which one is an agent, member, employee, owner, leader, volunteer, or investor.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
WetCanvas! does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly-accessible areas of the Service, you grant WetCanvas! the following world-wide, royalty free and non-exclusive license(s), as applicable:
"Publicly-accessible" areas of the Service are those areas of the WetCanvas! network of properties that are intended by WetCanvas! to be available to the general public. By way of example, publicly-accessible areas of the Service would include WetCanvas! Message Boards, reference image library, blogs, etc. However, publicly-accessible areas of the Service would not include WetCanvas! services intended for private communication such as Private Messages, or areas off of the WetCanvas! network of properties such as portions of World Wide Web sites that are accessible through hypertext or other links but are not hosted or served by WetCanvas!.
YOU AGREE TO INDEMNIFY AND HOLD WETCANVAS!, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS OR OTHER ASSOCIATED PARTIES, AND THEIR RESPECTIVE EMPLOYEES ("THE INDEMNIFIED PARTIES"), HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE USER AGREEMENT, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. IN ADDITION, YOU AGREE NOT TO ASSERT ANY CLAIMS ARISING OUT OR IN CONNECTION WITH CONTACT OR USE OR OPERATION OF THE SERVICE BY ANY PARTY AGAINST ANY INDEMNIFIED PARTIES.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your WetCanvas! I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that WetCanvas! may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of private messages that may be sent from or received by an account on the Service, the maximum size of any private message or post that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on WetCanvas!'s servers on your behalf. You agree that WetCanvas! has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that WetCanvas! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that WetCanvas! reserves the right to modify these general practices and limits from time to time and without notice to you.
12. MODIFICATIONS TO SERVICE
WetCanvas! reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WetCanvas! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WetCanvas! may, under such circumstances as it deems appropriate, in its sole discretion, and without prior notice, immediately terminate your WetCanvas! account, any associated other accounts, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the User Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your WetCanvas! account includes (a) removal of access to all offerings within the Service, including but not limited to WetCanvas! Private Messages, Message Boards, Projects, Articles, Reference Image Library, etc. (b) deletion of your password (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in WetCanvas!'s sole discretion and that WetCanvas! shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers, whether the advertisers pays for the consideration or not, found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WetCanvas! shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because WetCanvas! has no control over such sites and resources, you acknowledge and agree that WetCanvas! 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 WetCanvas! 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.
16. WETCANVAS!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WetCanvas! or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
WetCanvas! grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WetCanvas! for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WETCANVAS! SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WETCANVAS! HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
20. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this User Agreement, there shall be no third-party beneficiaries to this Agreement.
WetCanvas! may provide you with notices, including those regarding changes to the User Agreement, by either email, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
WetCanvas! and Art-Agent trademarks and service marks and other WetCanvas! logos and product and service names are trademarks of Original LLC. (the "WetCanvas! Marks"). Without WetCanvas!'s prior permission, you agree not to display or use in any manner, the WetCanvas! Marks.
WetCanvas!'s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
24. GENERAL INFORMATION
Entire Agreement. This User Agreement and the other policies and rules referred to herein, as may be amended, updated or implemented by WetCanvas!, from time to time, constitute the entire agreement between you and WetCanvas! and govern your use of the Service, superceding any prior agreements between you and WetCanvas!. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WetCanvas! services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The User Agreement and the relationship between you and WetCanvas! shall be governed by the laws of the State of New Jersey without regard to its conflict-of-law provisions. You and WetCanvas! agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Pennington, New Jersey.
Waiver and Severability of Terms. The failure of WetCanvas! to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. If any provision of the User Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the User Agreement remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your WetCanvas! account is non-transferable and any rights to your WetCanvas! I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement must be filed within six (6) months after such claim or cause of action arose or be forever barred.
The section titles in the User Agreement are for convenience only and have no legal or contractual effect.
Please report any violations of the User Agreement via a feedback form http://www.wetcanvas.com/tos/feedback.php