|Art of Possibility® Studios|
Updated December 20, 2007
These terms and conditions of use ("Site Terms") apply to your use of this website (the "Site"), and do not alter in any way the terms or conditions of any other agreement you may have with Art of Possibility Studios ("aopstudios.com"), its subsidiaries or affiliates. By using this Site, you represent and warrant that you are over the age of 18 and are lawfully able to accept these Site Terms. If you are using the Site on behalf of any entity, you further represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify aopstudios.com for violations of these Site Terms.
Ownership of the Site and its Contents
This Site is owned by Art of Possibility Studios. Unless otherwise
indicated, all of the content featured or displayed on this Site,
including, but not limited to: text, graphics, data, photographic
images, moving images, sound, illustrations, software, and the
selection and arrangement thereof ("aopstudios.com Content"), is owned
by aopstudios.com, its licensors, or its third-party image partners.
Use of the Site
This Site and aopstudios.com Content are intended for customers of
Art of Possibility Studios. You may not use this Site or
aopstudios.com Content for any purpose not related to your business
with Art of Possibility Studios. You are specifically prohibited
from: (a) downloading, copying, or re-transmitting any or all of the
Site or aopstudios.com Content without, or in violation of, a
written license or agreement with Art of Possibility Studios; (b)
using any data mining, robots or similar data gathering or extraction
methods; (c) manipulating or otherwise displaying the Site or
aopstudios.com Content by using framing or similar navigational
technology; (d) registering, subscribing, unsubscribing, or attempting
to register, subscribe, or unsubscribe any party for any
aopstudios.com product or service if you are not expressly authorized
by such party to do so; and (e) using the Site or the aopstudios.com
Content other than for its intended purpose. Such unauthorized use may
also violate applicable laws including without limitation copyright
and trademark laws, the laws of privacy and publicity, and applicable
communications regulations and statutes.
Copyright Infringement Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws, aopstudios.com has adopted a policy of terminating, in appropriate circumstances and at aopstudios.com's sole discretion, account holders who infringe the intellectual property rights of Art of Possibility Studios or any third party.
If you believe that any material on the Site infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below:
We may give notice of a claim of copyright infringement by means of a general notice on the Site, electronic mail to a user's e-mail address, or by written communication sent by first-class mail to a user's address.
You may not use an Art of Possibility Studios logo or other
proprietary graphic of aopstudios.com to link to this Site without the
express written permission of aopstudios.com. Further, you may not
frame any aopstudios.com trademark, logo or other proprietary
information, including aopstudios.com Content, without Art of
Possibility Studios express written consent.
Registration Data and Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify aopstudios.com immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account; and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Company.
THIS SITE AND AOPSTUDIOS.COM CONTENT ARE PROVIDED "AS IS" AND
ART OF POSSIBILITY STUDIOS AND ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS,
AGENTS AND AFFILIATES EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE
LAW, ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR
A PARTICULAR PURPOSE. AOPSTUDIOS.COM WILL NOT BE LIABLE FOR ANY DAMAGES
OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE AOPSTUDIOS.COM CONTENT,
OR THE UNAVAILABILITY OF THE SAME, INCLUDING, BUT NOT LIMITED TO LOST
PROFITS, AND DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL
DAMAGES. THE FUNCTIONS EMBODIED ON OR IN THE MATERIALS OF THIS SITE
ARE NOT WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOT THE
ART OF POSSIBILITY STUDIOS, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS SITE OR
AOPSTUDIOS.COM CONTENT. WE MAKE NO WARRANTY THAT THE SITE OR
AOPSTUDIOS.COM CONTENT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING
ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.
Limitation of Liability
IN NO EVENT SHALL ART OF POSSIBILITY STUDIOS, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, AOPSTUDIOS.COM CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AOPSTUDIOS.COM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE ART OF POSSIBILITY STUDIOS RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE ART OF POSSIBILITY STUDIOS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE ART OF POSSIBILITY STUDIOS FOR ACCESS TO OR USE OF THE SITE.
Applicable Law and Venue
Any dispute relating in any way to your use of the Site or aopstudios.com Content shall be submitted to confidential arbitration in Santa Clara County, California, except that, to the extent you have in any manner violated or threatened to violate the Art of Possibility Studios' intellectual property rights, Art of Possibility Studios may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this provision shall be conducted by a single arbitrator under the rules then prevailing of the American Arbitration Provision. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to the Site Terms, whether through class arbitration proceedings or otherwise.
Notwithstanding any of these Site Terms, Art of Possibility Studios reserves the right, without notice and in its sole discretion, to terminate your account and/or to block your use of the Site.
Any waiver of any provision of the Site Terms will be effective only if in writing and signed by aopstudios.com. If any clause in these Site Terms is found to be unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. Any rights not expressly granted herein are reserved.
Changes to Site Terms
Art of Possibility Studios reserves the right to change any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. When we make changes, we will revise the "last updated" date at the top of the Site Terms. Any changes will be effective immediately upon posting on the Site. Your continued use of the Site following the posting of changes will constitute your acceptance of such changes. We encourage you to review the Site Terms whenever you visit one of our websites.
|Artists with physical disabilities seeking representation please submit by email to email@example.com with no more than four low resolution images of your work. Include in your email the nature of your disability and your objective as an artist.|
This site is designed for all users' ease of use. Your suggestions to improve its accessibility are welcome. Contact firstname.lastname@example.org with your ideas.
Compassion is cool, but faking compassion to look cool is just two-faced. If you suspect someone is selling counterfeit Art of Possibility merchandise, call us and rat 'em out!