Meyendel - 09-04-14
Meyendel - 09-04-14 An fairly realistic view on a tree at Meyendel, Zuid-Holland, Netherlands, near The Hague in the dunes. Graphite pencil drawing (Pentel 0.5 mm, 3B) on Winsor & Newton paper (14.8 x 21 x 0.1 cm - A5 format) Artist: Corné Akkers
Please read these Terms of Service ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by Arthola, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.arthola.com, and arthola apps, incuding mobile apps and smart TV apps as well as all elements, software, programs and code forming or incorporated in to www.Arthola.com (the "Service"). This Service is operated by Arthola and all its legal entities ("Arthola"). Arthola is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section I of these Terms ("General Terms"), which contains provisions applicable to all users of our Service, including visitors to the Arthola website (the "Site"). If you choose to register as a member with us via the web site and/or via our apps, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section II of these Terms ("Additional Terms").
Section I: General Terms
- Reporting Copyright Violations
- External Links
- Third Party Software
- Disclaimer of Warranty and Limitation of Liability
- Amendment of the Terms
- Submitting Content
- Copyright in Your Content
- Monitoring Content
- Storage Policy
- Suspension and Termination of Access and Membership
- Payment Policy
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Arthola is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Arthola 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/her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Arthola or the owner of copyright in such works. Arthola does not claim ownership rights in your works or other materials posted by you to Arthola (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 us or by use of functions on the Service provided by us.
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ARTHOLA 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. ARTHOLA 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. ARTHOLA MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ARTHOLA 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, ARTHOLA 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 ARTHOLA 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 ARTHOLA'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ARTHOLA PURSUANT TO THIS AGREEMENT.
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 Arthola for your account, and/or at a time when you log in to the Site and/or our apps. 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.
If you have any comments or questions about the Service please contact us by email.
If you have any comments or questions about the Service please contact us by email.
Section II: Additional Terms
To register as a member of the Service or purchase products, you must be 13 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.
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Artist Materials - As a registered member of the Service, you will also be granted the privilege of submitting certain types of your content, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.
Arthola does not claim ownership rights in your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to Arthola 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 that when you upload Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on Arthola any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.
Arthola has no ability to control the Content you may upload, post or otherwise transmit using the Service and 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.
At this time, Arthola provides free online storage of your Content to registered members of the Service. However, you acknowledge and agree that Arthola may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Arthola's servers. Furthermore, you acknowledge that Arthola reserves the right to terminate or suspend accounts that are inactive, in Arthola's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, Arthola shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of your Content. You further acknowledge that Arthola reserves the right to modify its storage policies from time to time, with or without notice to you.
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 not to use the Service:
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You agree that Arthola 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 Arthola Site, in Arthola's sole discretion, if you fail to comply with the Terms or applicable law.
Arthola MAY provide payments to members based on "like$" your content generates. "Like$" do not have monetary value until actual payment is remitted. Arthola provides payments strictly at its own discretion based on internal criteria that incorporate the like-ability of your content as well as a number of other tools that could be changed at any time. Arthola may refuse to remit payment to you and terminate your account at its own discretion, and especially if suspicion of fraudulent activities have been established, incuding but not limited to multiple account usage, crosslinked "like$", as well as any of our terms of service have been violated. If Arthola selects to remit a payment to you via the financial providers that we work with, upon receipt you are solely responsible to report the payment to your tax authority. Failure to do so will be considered a violation of our terms of service and your account could be terminated.
Members cannot claim monetary compensation from Arthola. Arthola provides payments at its own discretion.