Summary of NoBullART's Web Site Agreement & Usage Policy
NoBullART is a FREE website and Art Gallery service. There is no charge for participating within our web site or Art Gallery service. NoBullART does not collect any credit card information, or bank account information.
Artists retain full ownership of their uploaded Artwork. Artists can remove their Artwork from NoBullART at any time. Artists can close their NoBullART Gallery at any time. (see 1, 1c below)
NoBullART is NOT an Art Broker. NoBullART is both an art venue and a community for Artists and Art Enthusiasts. We offer our service to assist artists in representing their own artwork to the public.
Permission to display artwork. By uploading Artwork, you grant NoBullART the right to publicly display your Artwork on the Internet, and to use your Artist’s Name in conjunction with the actions of displaying and promoting your Artwork. (see 1, 1b, 1c below)
Original works. Participating Artists may only upload their own Artwork, and must be the originator of the Artwork. In other words, you must have copyright for the Artwork that you upload and display. (see 1, 1b, 1c below)
Obscene material. Participating Artists and visitors may NOT upload or post any unacceptable (obscene, hateful, adult-oriented, or illegal) content to NoBullART. (see 2b, 2c below)
NoBullART Web Site Agreement & Usage Policy
NoBullART's purpose and general intent is to function as a free online community of artists who wish to showcase their artwork for public viewers.
The NoBullART Web Site (the "Site" or "NoBullART.com") is an online information service provided by Evolving Technology, Inc., subject to your compliance with the terms and conditions set forth below.
This statement constitutes the NoBullART web site usage agreement and governs our web site usage policies with respect to those users of the Site who visit ("Visitors") and Visitors who register as Artists on the Site ("Registered Members") and make use of the various services offered by NoBullART (collectively, "Services").
Please read this document carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Site.
NoBullART may modify this agreement at any time, and such modifications shall be effective immediately upon posting of the modified agreement on the Site. You agree to review the agreement periodically to be aware of such modifications and your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement.
1. Copyright, Licenses and Idea Submissions
The entire contents of the Site are protected by international copyright and trademark laws.
The owner of the copyrights and trademarks are NoBullART, Registered Members of the Site, Site affiliates or other third party licensors.
YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, MULTIMEDIA, CODE AND/OR SOFTWARE.
You may print and download portions of material from the different areas of the Site solely for your own private, non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials.
NoBullART does not assume or claim ownership rights of any Artwork, images of Artwork, content or information submitted by a Visitor or Registered Member to NoBullART.
By submitting or uploading Artwork, content, or information to NoBullART, you agree to grant to NoBullART a non-exclusive, royalty-free, worldwide, perpetual license, with the right to transmit, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as the Site's art gallery, forums and blog) or by e-mail to NoBullART by all means and in any media now known or hereafter developed.
You also grant to NoBullART the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against NoBullART for any alleged or actual infringement or misappropriation of any proprietary right in your communications to NoBullART.
Registered Members have the ability to edit or remove any Artwork, content or information that they have uploaded or submitted to the Site. In addition, NoBullART reserves the right to remove any Artwork, content or information deemed inappropriate or unsuitable for display, for any reason.
1b. TrafficServer 1.01 TRADEMARKS
Publications, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of NoBullART.
Artwork, images of Artwork, Artwork information (including Artwork titles and descriptions), Artwork merchandise, Artist information, images of Artists and company names mentioned in the Site are the trademarks of their respective owners.
1c. Artwork Copyright
All Artwork and images of Artwork ("Artwork") uploaded and displayed on NoBullART must be an original artwork created by the Registered Member, or with explicit permission (granted by the original artist to the Registered Member) authorizing the Registered Member to upload and publicly display the original artist's Artwork.
Ownership and Copyright of an uploaded artwork image (including any resized and thumbnail images) is retained by the original artist of the original Artwork.
All Artwork and images of uploaded Artwork can be removed from NoBullART at any time by the Registered Member (or by a NoBullART administrator.)
By uploading Artwork to NoBullART, you agree to grant to NoBullART a non-exclusive, royalty-free, worldwide, perpetual license, with the right to transmit, publicly display and publicly perform any multimedia, materials and other information you submit to any public areas of the Site (such as your art gallery, forums and blogs) in any media now known or hereafter developed.
You also grant to NoBullART the right to use your name in connection with the submitted materials and other information as well as in connection with the display, marketing and promotional of your material related thereto. You agree that you shall have no recourse against NoBullART for any alleged or actual infringement or misappropriation of any proprietary right in your communications to NoBullART.
All uploaded Artwork images are automatically resized down to various smaller image sizes (thumbnail images.) All rights granted to NoBullART for the use and display of an Artwork image also apply to the resized thumbnail images.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by NoBullART, NoBullART does not operate, control or endorse any information, products or services on the Internet in any way. All artwork information, artwork images, artwork merchandise, artist information offered through the Site, or on the Internet generally, are offered by third parties, that are not affiliated with or employed by NoBullART.
You also understand that NoBullART cannot and does not guarantee or warrant that multimedia, files, or information available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your own particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
You assume total responsibility and risk for your use of the Site and the Internet. NoBullART provides the site and related information "as is" and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the service, any merchandise information or service provided through the Site or on the Internet generally, and NoBullART shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the Site or on the Internet generally.
NoBullART does not warrant that the Site will be uninterrupted or error-free or that defects in the Site will be corrected.
You understand further that the pure nature of the Internet contains unedited materials some of which are sexually explicit or may be offensive to you. Your access to such materials is at your risk. NoBullART has no control over and accepts no responsibility whatsoever for such materials.
2b. Prohibited Content
Site users are strictly forbidden from uploading, submitting, linking to, or referencing any adult, objectionable, obscene or inappropriate content and materials including, but not limited to, content which promotes or depicts explicit nudity, racism, hatred, physical harm, illegal subjects, copyrighted materials, viruses or other malware, or any content which is deemed in appropriate by the NoBullART Administrators.
NoBullART reserves the right to remove any material or content deemed inappropriate for any reason. NoBullART does not assume any responsibility for the content posted by Visitors or Registered Members on the Site.
2c. Adult Subject Matter
NoBullART Site administrators make every effort to screen all publicly available content for inappropriate content. There is still some chance that objectionable material may be uploaded and viewed prior to our screening process, as such NoBullART is intended for an adult audience, and is not intended for use by children. Visitors and Registered Members are required to be of at least the legal adult age in their respective territory of residence in order to participate within the NoBullART web site.
2d. External Links
This web site allows for and contains links to other (third party) web sites. Please note that when you click on one of these links, you are moving to another web site. We encourage you to read the usage and privacy statements of these linked sites as their usage and privacy policies may differ from ours.
2e. Limitation Of Liability
In no event will NoBullART be liable for (I) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the service, or any information, or transactions provided on the service, or downloaded from the service, or any delay of such information or service. Even if NoBullART or its authorized representatives have been advised of the possibility of such damages, or (II) any claim attributable to errors, omissions, or other inaccuracies in the service and/or materials or information downloaded through the service. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, NoBullART liability is limited to the greatest extent permitted by law.
NoBullART makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-NoBullART web site, please understand that it is independent from NoBullART, and that NoBullART has no control over the content on that web site. In addition, a link to a NoBullART web site does not mean that NoBullART endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless NoBullART, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of NoBullART and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Term; Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between NoBullART and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. NoBullART's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. NoBullART may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Unauthorized duplication or publication of any materials from this Site is expressly prohibited.