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ARE SUBJECT TO CHANGE BY ProfessionalArtistEasel.Com
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Restrictions On Use
You may use this site for purposes expressly
permitted by this site. You may not use this site
for any other purpose, including any commercial
purpose, without ProfessionalArtistEasel.Com's
express prior written consent. For example, you may
not (and may not authorize any other party to) (i)
co-brand this site, or (ii) frame this site, or
(iii) hyper-link to this site, without the express
prior written permission of an authorized
representative of ProfessionalArtistEasel.Com. For
purposes of these Terms of Use, "co-branding" means
to display a name, logo, trademark, or other means
of attribution or identification of any party in
such a manner as is reasonably likely to give a user
the impression that such other party has the right
to display, publish, or distribute this site or
content accessible within this site. You agree to
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causing any unauthorized co-branding, framing or
hyper-linking immediately to cease.
Proprietary Information
The material and content (hereinafter referred to as
the "Content") accessible from this site, and any
other World Wide Web site owned, operated, licensed,
or controlled by ProfessionalArtistEasel.Com is the
proprietary information of
ProfessionalArtistEasel.Com or the party that
provided the Content to ProfessionalArtistEasel.Com,
and ProfessionalArtistEasel.Com or the party that
provided the Content to ProfessionalArtistEasel.Com
retains all right, title, and interest in the
Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or
transmitted in any way without the prior written
consent of ProfessionalArtistEasel.Com, or unless
authorized in writing elsewhere on our site, except
that you may print out a copy of the Content solely
for your personal use. In doing so, you may not
remove or alter, or cause to be removed or altered,
any copyright, trademark, trade name, service mark,
or any other proprietary notice or legend appearing
on any of the Content. Modification or use of the
Content except as expressly provided in these Terms
of Use violates ProfessionalArtistEasel.Com's
intellectual property rights. Neither title nor
intellectual property rights are transferred to you
by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which
are not maintained by, or related to,
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sites are provided as a service to users and are not
sponsored by or affiliated with this site or
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ProfessionalArtistEasel.Com has not reviewed any or
all of such sites and is not responsible for the
content of those sites. Hyper-links are to be
accessed at the user's own risk, and
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or warranties about the content, completeness or
accuracy of these hyper-links or the sites
hyper-linked to this site. Further, the inclusion of
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Submissions
You hereby grant to ProfessionalArtistEasel.Com the
royalty-free, perpetual, irrevocable, worldwide,
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modify, adapt, publish, translate, create derivative
works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or
other information communicated to
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(together, hereinafter known as the "Submission"),
and to incorporate any Submission in other works in
any form, media, or technology now known or later
developed. ProfessionalArtistEasel.Com will not be
required to treat any Submission as confidential,
and may use any Submission in its business
(including without limitation, for products or
advertising) without incurring any liability for
royalties or any other consideration of any kind,
and will not incur any liability as a result of any
similarities that may appear in future
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ProfessionalArtistEasel.Com will treat any personal
information that you submit through this site in
accordance with its Privacy Policy as set forth on
this site.
Disclaimer
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available for downloading from the Internet will be
free of viruses, worms, Trojan horses or other code
that may manifest contaminating or destructive
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your particular requirements for accuracy of data
input and output, and for maintaining a means
external to this site for the reconstruction of any
lost data. ProfessionalArtistEasel.Com does not
assume any responsibility or risk for your use of
the Internet.
The Content is not necessarily complete and
up-to-date and should not be used to replace any
written reports, statements, or notices provided by
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and other persons should use the Content in the same
manner as any other educational medium and should
not rely on the Content to the exclusion of their
own professional judgment. Information obtained by
using this site is not exhaustive and does not cover
all issues, topics, or facts that may be relevant to
your goals.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. The
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of any kind, either expressed or implied.
ProfessionalArtistEasel.Com disclaims all
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merchantability, fitness for a particular purpose,
TITLE, OR NON-INFRINGEMENT.
ProfessionalArtistEasel.Com does not warrant that
the functions OR CONTENT contained in this site will
be uninterrupted or error-free, that defects will be
corrected, or that this site or the server that
makes it available are free of viruses or other
harmful components. ProfessionalArtistEasel.Com does
not warrant or make any representation regarding
use, or the result of use, of the content in terms
of accuracy, reliability, or otherwise. The content
may include technical inaccuracies or typographical
errors, and ProfessionalArtistEasel.Com may make
changes or improvements at any time. You, and not
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of all necessary servicing, repair or correction IN
THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE
OF THIS SITE OR ITS CONTENT.
ProfessionalArtistEasel.Com MAKES NO WARRANTIES THAT
YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS
OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY
FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this site, whether
historical in nature or forward-looking, speaks only
as of the date the information is posted on this
site, and ProfessionalArtistEasel.Com does not
undertake any obligation to update such information
after it is posted or to remove such information
from this site if it is not, or is no longer,
accurate or complete.
Limitation On Liability
ProfessionalArtistEasel.Com, ITS SUBSIDIARIES,
AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND
DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL,
DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS
OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL
DISTRESS, OR SIMILAR DAMAGES, EVEN IF
ProfessionalArtistEasel.Com HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE
COLLECTIVE LIABILITY OF ProfessionalArtistEasel.Com
AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE
PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF
THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT
YOU HAVE PAID TO ProfessionalArtistEasel.Com FOR THE
APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH
LIABILITY AROSE.
Indemnity
You will indemnify and hold
ProfessionalArtistEasel.Com, its subsidiaries,
affiliates, licensors, content providers, service
providers, employees, agents, officers, directors,
and contractors (hereinafter known as the
"Indemnified Parties") harmless from any breach of
these Terms of Use by you, including any use of
Content other than as expressly authorized in these
Terms of Use. You agree that the Indemnified Parties
will have no liability in connection with any such
breach or unauthorized use, and you agree to
indemnify any and all resulting loss, damages,
judgments, awards, costs, expenses, and attorney's
fees of the Indemnified Parties in connection
therewith. You will also indemnify and hold the
Indemnified Parties harmless from and against any
claims brought by third parties arising out of your
use of the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in
this site are the property of
ProfessionalArtistEasel.Com or the party that
provided the trademarks, service marks, and logos to
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ProfessionalArtistEasel.Com and any party that
provided trademarks, service marks, and logos to
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respect to any of their respective trademarks,
service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit
in connection with this site any material that:
- you do not have the right to post, including
proprietary material of any third party;
- advocates illegal activity or discusses an intent
to commit an illegal act;
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- does not pertain directly to this site;
- threatens or abuses others, libels, defames,
invades privacy, stalks, is obscene, pornographic,
racist, abusive, harassing, threatening or
offensive;
- seeks to exploit or harm children by exposing them
to inappropriate content, asking for personally
identifiable details or otherwise;
- infringes any intellectual property or other right
of any entity or person, including violating
anyone?s copyrights or trademarks or their rights of
publicity;
- violates any law or may be considered to violate
any law;
- impersonates or misrepresents your connection to
any other entity or person or otherwise manipulates
headers or identifiers to disguise the origin of the
content;
- advertises any commercial endeavor (e.g., offering
for sale products or services) or otherwise engages
in any commercial activity (e.g., conducting raffles
or contests, displaying sponsorship banners, and/or
soliciting goods or services) except as may be
specifically authorized on this site;
- includes programs which contain viruses, worms
and/or Trojan horses or any other computer code,
files or programs designed to interrupt, destroy or
limit the functionality of any computer software or
hardware or telecommunications;
- disrupts the normal flow of dialogue, causes a
screen to scroll faster than other users are able to
type, or otherwise act in a way which affects the
ability of other people to engage in real time
activities via this site;
- includes MP3 format files;
- amounts to a 'pyramid' or similar scheme;
- disobeys any policy or regulations established
from time to time regarding use of this site or any
networks connected to this site; or
- contains hyper-links to other sites that contain
content that falls within the descriptions set forth
above.
Although under no obligation to do so,
ProfessionalArtistEasel.Com reserves the right to
monitor use of this site to determine compliance
with these Terms of Use, as well the right to remove
or refuse any information for any reason.
Notwithstanding these rights, you remain solely
responsible for the content of your submissions. You
acknowledge and agree that neither
ProfessionalArtistEasel.Com nor any third party that
provides Content to ProfessionalArtistEasel.Com will
assume or have any liability for any action or
inaction by ProfessionalArtistEasel.Com or such
third party with respect to any submission.
Security
Any passwords used for this site are for individual
use only. You will be responsible for the security
of your password (if any).
ProfessionalArtistEasel.Com will be entitled to
monitor your password and, at its discretion,
require you to change it. If you use a password that
ProfessionalArtistEasel.Com considers insecure,
ProfessionalArtistEasel.Com will be entitled to
require the password to be changed and/or terminate
your account.
You are prohibited from using any services or
facilities provided in connection with this site to
compromise security or tamper with system resources
and/or accounts. The use or distribution of tools
designed for compromising security (e.g., password
guessing programs, cracking tools or network probing
tools) is strictly prohibited. If you become
involved in any violation of system security,
ProfessionalArtistEasel.Com reserves the right to
release your details to system administrators at
other sites in order to assist them in resolving
security incidents. ProfessionalArtistEasel.Com
reserves the right to investigate suspected
violations of these Terms of Use.
ProfessionalArtistEasel.Com reserves the right to
fully cooperate with any law enforcement authorities
or court order requesting or directing
ProfessionalArtistEasel.Com to disclose the identity
of anyone posting any e-mail messages, or publishing
or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD
HARMLESS ProfessionalArtistEasel.Com FROM ANY CLAIMS
RESULTING FROM ANY ACTION TAKEN BY
ProfessionalArtistEasel.Com DURING OR AS A RESULT OF
ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS
A CONSEQUENCE OF INVESTIGATIONS BY EITHER
ProfessionalArtistEasel.Com OR LAW ENFORCEMENT
AUTHORITIES.
Miscellaneous
These Terms of Use will be governed and interpreted
pursuant to the laws of Massachusetts, United States
of America, notwithstanding any principles of
conflicts of law. You specifically consent to
personal jurisdiction in Massachusetts in connection
with any dispute between you and
ProfessionalArtistEasel.Com arising out of these
Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree
that the exclusive venue for any dispute between the
parties arising out of these Terms of Use or
pertaining to the subject matter of these Terms of
Use will be in the state and federal courts in
Massachusetts. If any part of these Terms of Use is
unlawful, void or unenforceable, that part will be
deemed severable and will not affect the validity
and enforceability of any remaining provisions.
These Terms of Use constitute the entire agreement
among the parties relating to this subject matter.
Notwithstanding the foregoing, any additional terms
and conditions on this site will govern the items to
which they pertain. ProfessionalArtistEasel.Com may
revise these Terms of Use at any time by updating
this posting.
Last Updated: April 7, 2007
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