Terms of Service
Please read these Terms of Service ("Terms") carefully. They contain the legal terms , definitions, and conditions that govern your use of the services provided to you by Bridge Arts. This includes but is not limited to, information, text, images, data or other materials ("Content") and future products and or services provided by and through www.Bridge Arts.com, as well as all code forming incorporated in to www.Bridge Arts.com (the "Service"). Bridge Arts, LLC, operates this Service. ("Bridge Arts"). Bridge Arts is also referred to in these Terms as "Us", "we", and "our". By using our Service, you agree to be legally bound by these Terms of Service ("Terms"), which contains the conditions of agreement applicable to all users of our Service, including visitors to Bridge Arts.com (the "Site"). If you choose to register as a member or guest and utilize our service you will be asked to check 2 boxes indicating that you have read, and agree to be bound by, these terms and all policies referenced herein. These Terms constitute the entire agreement between Bridge Arts and you with respect to your use of the Service. Bridge Arts failure to enforce any provision in these Terms shall not constitute a waiver of such provision. Bridge Arts shall have the right to assign its rights and/or delegate its obligations under these Terms, completely or in part, to any person or business entity. If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of Bridge Arts. These Terms shall be governed by and construed in accordance with the laws of the State of Nevada. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Nevada.
1. Indemnification
You agree to defend, indemnify, and hold harmless Bridge Arts, its subsidiaries, officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
2. Availability
This Service is provided by Bridge Arts on an "AS AVAILABLE" and "AS IS" basis. Bridge Arts reserves the sole right to either modify or discontinue the Website, including any features therein at any time with or without notice to you. Without limiting the foregoing, Bridge Arts may, as it reasonably determines, and on occasion, change the attributes of its membership types or any other service selected by visitors or subscribers of its website, change the pricing structure, add or remove non-fee and fee based services, or change its limitation on allowable file size; provided, however that Bridge Arts will not retroactively make such changes which have been previously paid for by you. Bridge Arts shall not be liable to you or any third party should Bridge Arts exercise such right. Bridge Arts will make reasonable efforts to notify you of such changes by way of email or posting a notice of such change on its Website and you acknowledge and agree that these are appropriate and reasonable methods of notifying me of such modifications. Please ensure that you attend to your email periodically and visit the Website Community periodically to check whether any modifications have been made.
3. Privacy
Bridge Arts has a undying commitment to safeguarding your privacy. Please view Bridge Arts Privacy Policy. The terms of Bridge Arts privacy policy are incorporated into, and form a part of, these Terms.
4. Trademarks and copyright
All brand, product and service names used in this Service, which identify Bridge Arts or third parties and their products and services, are proprietary marks of Bridge Arts and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Bridge Arts or any third party with respect to any such image, logo or name. Bridge Arts is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Bridge Arts are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or prepare derivative works based on any of the Content including any such works without the expressed, written consent of Bridge Arts or the appropriate owner of the copyrighted materials. Bridge Arts does not claim ownership rights in or of your works or other materials posted by you to Bridge Arts (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by Bridge Arts or by use of functions on the Service provided by us.
5. Reporting Copyright Violations
If you believe the copyrighted work you own or for which you act as an agent has been infringed upon through this Service, please contact Bridge Arts at violations@Bridgearts.com. Or by clicking the "Report This Image" Button at the bottom of the image. By submitting a report Bridge Arts may ask you to provide the following information, then may be forward to the alleged infringer:
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. 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.
4. 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.
5. 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.
Please see Bridge Arts Copyright Policy for further information and details.
6. CONTENT SUBMISSION
Forums - As a registered member of the Service, you will be granted the privilege of participating in our community on the Bridge Arts website as part of the Service, which means you may post Your Content in the form of text for display in these areas of the Bridge Arts website, subject to your compliance with the Terms.
Works/ Portfolio’s/ Artwork - As a registered member of the Service, you will also be granted the privilege of submitting certain types of Content, known as "Works, Artwork, and Portfolio’s" (“Content”) for display on your user page. Prior to submitting this content, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
7. Rights and Copyright of Your Content
Bridge Arts does not claim ownership rights of your works. For the sole purpose of enabling us to make your content available through the Service, you grant to Bridge Arts a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note: While Bridge Arts will do whatever we can to help protect your work uploaded to the site, please know that when you upload content, third parties might be able to copy, distribute and display this content. Please refer to Section 1. “ideminfication”
8. Monitoring Content
While Bridge Arts has limited ability to control the Content you may transmit using the Service, Bridge Arts does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service
8. External Links and Third Party Software
Bridge Arts may in the future provide links to third-party websites or resources. You acknowledge and agree that Bridge Arts is not responsible or liable for the availability or accuracy of such websites or resources; nor the Content, products, or services on or available from such websites or resources. Links to such websites or resources of third parties do not imply any endorsement by Bridge Arts of such material associated with the above mentioned.
As a convenience, we may make third-party software available through the Service. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall Bridge Arts be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the Service.
9. Disclaimer of Warranty and Limitation of Liability
BRIDGE ARTS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. BRIDGE ARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. BRIDGE ARTS MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT BRIDGE ARTS IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, BRIDGE ARTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF BRIDGE ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL BRIDGE ARTS AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO BRIDGE ARTS PURSUANT TO THIS AGREEMENT.
10. Registration
To register as a member of the Service or purchase products, you must be 18 years or lawfully permitted to enter into and form contracts under applicable law. In no event may minors submit Content to the Service. You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and your orders.
11. PasswordS
When you register as a member you will be asked to provide a password. You are responsible for safeguarding the password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify Bridge Arts of any unauthorized use of your password.
12. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service, servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; provide any information to Bridge Arts that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. Bridge Arts does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to be subject to and to conduct yourself in accordance with the Bridge Arts Etiquette Policy.You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law. You agree to not utilize Bridge Arts for any unlawful purposes; to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable; to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, Bridge Arts; to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; to upload, post, or otherwise transmit any material which is likely to cause harm to Bridge Arts or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; for any commercial purpose, except as expressly permitted under these Terms; to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from Bridge Arts by hyperlink and not to compete with Bridge Arts.
13. Market Place
Without limiting the previous or forgoing terms, you agree that Bridge Arts LLC, its owners, operators, and 3rd party affiliates are not responsible for claims, products, listings, actions or inactions made by its members. You agree not to utilize our services if you are not able to form a legally binding contract, under the age of (18) eighteen or are temporarily or indefinitely suspended from using our site, and services. You acknowledge that the Merchants and Artists ("The Seller") assume all responsibility for their respective listings, and it is their responsibility to maintain those listings. You acknowledge that you "the seller" are the said owner of works you list in the Market Place, or are authorized to act on behave of the said copy write owner. You acknowledge that Bridge Arts allows its users to, sell and buy just about anything, from anywhere, for any price. Bridge Arts does not handle, recive or collect payments for, or on any works sold in the Market Place. All forgoing transactions related to or in conjunction with the Market Place are to be handled and settled between "The Seller and "The Buyer". Bridge Arts HIGHLY and STRONGLY Recommends the use of PayPal for payment of materials. Information on PayPal accounts, and submitting payments thru PayPal can be found at http://www.paypal.com .You agree that submitting an "Order Request" does not guarantee an items availability, and by submitting an Order request, you are knowingly providing "the seller" with information that could be considered "Personal". Bridge Arts does not track, or maintain information related to your profits from the sale of works or items sold in the Bridge Arts Market Place. You acknowledge you are responsible for documenting all income made by or on the sell of your works, and it is your responsibility to report those profits and income to the IRS. Bridge Arts does not send out 1099 Forms. Information regarding 1099 forms can be found at http://www.irs.gov . While we may help facilitate disputes between "The Buyer and "The Seller", Bridge Arts is in no way obligated to help facilitate these disputes. If deemed applicable you agree that Bridge Arts may contact and or provide information regarding transactions to either party to resolve disputes, this information is limited to: Name, Address, Email and Phone Number. Bridge Arts does not guarantee the quality, safety, or legality of the items advertised in its Market Place, the truth or accuracy of user's content and or listings, the ability of "The Seller" to sell items, the ability of "The Buyer" to pay for items, or for any party to complete a transaction or return of an item. Bridge Arts does not transfer legal ownership of any item. You Agree that Bridge Arts is not liable for any loss of Money, reputation or goodwill, or any special indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our services, or site. Some jurisdictions do not allow the "Disclaimer of warranties or exclusion of damages so such disclaimers and exclusions may not apply. If you have a dispute with one or more members, you release Bridge Arts, its officers, directors, agents, subsidiaries, 3rd partys, and employees from all claims, demands and damages, actual and consequential, of every kind, known and unknown, arising out of or in any way connected with such disputes. CALIFORNIA RESIDENTS: You waive California Civil Code 1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time or executing the release, which if known by him must have materially affected his settlement with the debtor."
While using the Bridge Arts Market Place, you agree not to:
1. Post content or items that violate any laws, third party rights, or the Bridge Arts Submission Policy, Terms of Service, or Copy write Policy.
2. Transfer your Bridge Arts Account, User ID, or Password to another Party with or without consent.
3. Post false, misleading, inaccurate, or defamatory content. This includes personal information
4. Fail to deliver items purchased from you. Unless "the buyer" fails to meet the posted terms
5. Fail to deliver payment of Items you have purchased.
14. Suspension and Termination of Access and Membership
You agree that Bridge Arts may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the Bridge Arts Site without a refund in full or in part of services already paid, in Bridge Arts sole discretion, if you fail to comply with the Terms or applicable.
15. Billing & Service Fees
All fees will be charged directly to your credit card account and are due in advance of the service period. After the initial signup period for which you were initially charged, your account will be automatically charged every 30 days unless you explicitly ask for the account to be terminated. Or by clicking on the "Cancel Account" Link in the "My Account" section of the site. Bridge Arts does not provide refunds of any amount for any termination requests received after the monthly billing period has passed. As detailed above, Bridge Arts reserves the right to change its fees in accordance with the section above entitled "Availability".
16. Upon termination
(i) Fees prepaid for unused periods remaining are non-refundable;
(ii) Your account will be disabled and works will be un-viewable for a period of 6 months, after the sixth month the account and all works related to such account will be permanently deleted.
17. Notice
All notices to you may be given by any means including, but not limited to: (a) email; (b) conventional mail; (c) notices or messages posted on the Website; or (d) any other means by which you obtain notice thereof.
18. Amendment of the Terms
We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to Bridge Arts for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
