Acceptance of Terms
Accounts; Passwords; Security
Although registration is not required to use our services, you may need to set up an account in order to use some of the features we provide. You may not use someone else’s account without permission. When you are setting up your account, you must give us correct and complete information. This means that you cannot set up an account using someone else’s name or contact information, or a false name or false contact information. You have complete responsibility for your account and everything that happens within that account. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. We reserve the right to refuse access or to delete accounts created by users who appropriate the name, likeness, email address or any other information of another individual.
Restrictions on User Content and Conduct
You may not:
a. use our services for any illegal purpose;
b. submit User Content that you don’t have the right to submit, unless you have the owner’s permission; this includes material covered by someone else’s copyright, patent, trade secret, privacy, publicity, or any other proprietary right;
c. forge headers or manipulate other identifiers in order to disguise the origin of any User Content you submit;
d. submit any User Content that contains lies, falsehoods or misrepresentations that could damage us or anyone else;
e. submit User Content that is illegal, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
f. transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
g. impersonate anyone else or lie about your affiliation with another person, event or entity;
h. use meta tags or any other “hidden text” (including, but not limited to “hidden text” utilizing any of our or our suppliers’ product names or trademarks);
i. upload, launch, post, email or transmit any material that is likely to harm or corrupt our services, or harm or corrupt our or anyone else’s computer systems, or data;
j. interfere with or disrupt our website or services, or any servers or networks connected to our services, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. use our services to harm minors in any way, including posting User Content that violates child pornography laws, child sexual exploitation laws, or any other laws protecting children;
l. collect or gather other people’s information (including account information) from us;
m. submit User Content which disparages us or our partners, vendor or affiliates; or
n. solicit, for commercial purposes, any users of our Service.We have the sole right, but not necessarily the obligation, to delete at any time any User Content that violates these rules or that we believe to be inappropriate for any reason.
Shared User Content is public
You understand that once you post User Content, it becomes public. We are not responsible for keeping any User Content confidential. So, if you don’t want the whole world to see your User Content, don’t post it on our website, or through our services. Even after User Content is deleted, it may remain publicly accessible through third party search engines or elsewhere.
You may not decompile, reverse engineer, disassemble, or otherwise reduce our services to a human-perceivable form, except and only to the extent that such activity is expressly permitted by applicable law, and in that case, only if you notify us in writing in advance.You may not use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or search our website or download data from our website for any reason, including competitive or commercial purposes. We reserve the right to block automated programs (and any associated user accounts) that do not comply with these restrictions.
Enforcement of Copyrights
We respect the intellectual property rights of others. You may not use our services to infringe anyone else’s copyright or other intellectual property right. If we find out that you are infringing, we will remove your User Content. We do not have to give you notice that we are removing your User Content. We may also terminate your account if we decide that you are a repeat infringer.
You agree to indemnify, defend and hold harmless AmericanWatercolor.net and its affiliates, suppliers, partners, officers, agents, and employees (collectively, the “Indemnified Parties”) from and against any claim, demand, losses, damages or expenses (including reasonable attorney’s fees) arising from any User Content, your use of our services, your connection to our services, your violation of these Terms of Service or your violation of any rights of or harm to any third-party. An Indemnified Party may participate in the defense of such claims with counsel of its own choosing, at its cost and expense. You shall not settle any such claim without the Indemnified Party’s prior written approval if such settlement requires the Indemnified Party to take any action, refrain from taking any action, or admit any liability. Your indemnification obligation will survive the termination of these Terms of Service and your use of the Service.
Method of Payment
When you supply us with a payment method you authorize us to bill your payment method for any and all charges and fees, including recurring payments. You also authorize us to exchange information related to the transaction with the company issuing the payment method. The terms of your payment method are determined by an agreement(s) between you and your financial institution, not us and you.