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Terms of Service & Privacy Policy
Privacy Policy
WallBase respects your privacy. This Privacy Policy applies to our web sites, including www.wallbase.org. and Privacy Policy explains what information we collect through the Sites, how we use that information, and what choices you have. The WallBase Sites contain links to other web sites. This Privacy Policy does not apply to the practices of any companies or individuals that WallBase does not control, or any web sites that you link to from the WallBase Sites. You should use caution and review the privacy policies of any sites that you visit from ours to learn more about their information practices.
Please take a few moments to read this agreement. By accessing the WallBase Sites, you agree to accept the terms and conditions of this Privacy Policy and are aware that our policies may evolve in the future as indicated below.
What we collect
How we use the information we collect
How we share information
What choices you have
Making changes
Publicly posted information
Security
Updates
Questions
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Terms of Service
Introduction
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by WallBase, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.wallbase.org, software, programs and code forming or incorporated in to www.wallbase.org (the "Service").
This Service is operated by WallBase, Inc. ("WallBase").WallBase 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 WallBase website (the "Site"). If you choose to register as a member of our Service or purchase products from the WallBase Shop, 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
1. Availability
2. Privacy
3. Trademarks
4. Copyright
5. Reporting Copyright Violations
6. External Links
8. Conduct
9. Disclaimer of Warranty and Limitation of Liability
10. Amendment of the Terms
11. General/ Download Agreement
12. Comments
If you have any comments or questions about the Service please contact us by email at: help@wallbase.org
Section II: Additional Terms
13. Registration
14. Password
15. Submitting Content
16. Copyright in Your Content
17. Monitoring Content
18. Storage Policy
19. Conduct
20. Suspension and Termination of Access and Membership
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Submission Policy
AGREEMENT
This is the agreement ("Agreement") between you as either an individual artist or as the legal authorized representative of a group artist ("Artist") and WallBase.org , ("WallBase") concerning the uploading of Artist's audio, visual, audiovisual and other materials (the "Artist Materials" defined below) to the WallBase.org website or any successor(s) websites and/or websites to which the contents in whole or in part of WallBase.org are assigned (the "WallBase Site(s)") and concerning WallBase use of Artist Materials on the WallBase Site(s). If Artist is agreeing on behalf of a group artist or a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Artist and deviantART acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Artist Materials and any former submissions of Artist Materials:
1) Term. The term ("Term") of this Agreement starts on the date that the Artist Materials are initially uploaded to any WallBase Site(s) and continues until either Artist or WallBase terminates this Agreement in writing, with or without cause or by the removal of Artist Materials for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 15 (f), below:
2) Ownership. Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to WallBase under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement.
3) License To Use Artist Materials. As and when Artist Materials are uploaded to the WallBase Site(s), Artist grants to WallBase a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
4) Name and Likeness. Artist also grants to WallBase:
6) Payment Unless otherwise agreed between Artist and WallBase in a writing from WallBase, the license granted to WallBase under this Agreement is royalty-free.
7) Representations and Warranties. Artist represents and warrants that:
8) Third Party Payments. Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials.
9) Indemnity. Artist agrees to defend, indemnify, reimburse and hold WallBase and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
10) WallBase Performance. Artist acknowledges and agrees that the operation of the WallBase Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and WallBase will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of the WallBase service. There are no assurances whatsoever that any of the Artist Materials or any part or element of Artist materials will actually be used on the WallBase Site or if used will continue to be available for any particular time. WallBase has the right, in WallBase sole and absolute discretion, to remove from the WallBase Site(s) at any time the Artist Materials or any part of them and/or to revoke any sublicense granted by WallBase to any affiliate or unaffiliated third party. Notwithstanding the foregoing, WallBase does not control the content of the Artist Materials and does not have any obligation to monitor the content of the Artist materials for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the WallBase Site(s) by Artist. The WallBase Site may be discontinued at any time, with or without reason and all Artist materials uploaded to deviantART may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Artist Materials.
11) No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALLBASE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
12) No Liability for Third Party Use. WALLBASE DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST MATERIALS MADE AVAILABLE ON THE WALLBASE WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST MATERIALS BY A THIRD-PARTY, AND NOT FROM WALLBASE. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM DEVIANTART (WHETHER OR NOT WITH WALLBASE PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM WALLBASE, AND THAT ARTIST WILL NOT HOLD WALLBASE RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL WALLBASE, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT WALLBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE WALLBASE SITE(S). IN NO EVENT SHALL WALLBASE TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE PARTIES ACKNOWLEDGE AND AGREE THAT WALLBASE HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND WALLBASE, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES..
14) Copyright and Trademark Notices. WallBase, the WallBase logos and mascots, and the layout and design of the WallBase Site(s), among other marks that may appear on the WallBase Site(s) are trademarks of WallBase.org., LLC (the "WallBase Marks"). Other trademarks and service marks on the WallBase Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the WallBase Marks without WallBase prior written permission, and Artist may not use any third-party marks without the third party's prior written permission.
15) Miscellaneous.
WallBase respects your privacy. This Privacy Policy applies to our web sites, including www.wallbase.org. and Privacy Policy explains what information we collect through the Sites, how we use that information, and what choices you have. The WallBase Sites contain links to other web sites. This Privacy Policy does not apply to the practices of any companies or individuals that WallBase does not control, or any web sites that you link to from the WallBase Sites. You should use caution and review the privacy policies of any sites that you visit from ours to learn more about their information practices.
Please take a few moments to read this agreement. By accessing the WallBase Sites, you agree to accept the terms and conditions of this Privacy Policy and are aware that our policies may evolve in the future as indicated below.
What we collect
In various places on the WallBase Sites, we collect “Personally Identifiable Information,” such as your name, age, gender, postal address, telephone number, e-mail address, credit card information, or other information that can be used to contact you or identify you as an individual. For example, we collect this information when you register for membership and special services (e.g., the Print Program), sign up for e-mail newsletters and purchase products or services. From time to time in the future we may offer additional features, services, and promotional opportunities that would require you to submit Personally Identifiable Information to participate.
We also collect “Anonymous Information” such as your IP address, the type of browser you use, the pages on our Sites that you have visited, and the advertisements that you have clicked on. Your Personally Identifiable Information is linked to your Anonymous Information.
Like many Internet sites, we also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer and is stored on your hard drive. When you visit our Site(s) the cookie identifies your computer to us so that you do not have to re-register each time you visit. We may also use cookies to measure the traffic to our Sites and the use of different services and features of the Sites. Advertisers that appear on the WallBase Sites may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their sites to learn about their information practices. Advertisers or other companies do not have access to WallBase cookies.
We do not intend that children will use our sites. We do not solicit or knowingly collect information from children under 13 years old, nor will we accept registration from them.
We also collect “Anonymous Information” such as your IP address, the type of browser you use, the pages on our Sites that you have visited, and the advertisements that you have clicked on. Your Personally Identifiable Information is linked to your Anonymous Information.
Like many Internet sites, we also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer and is stored on your hard drive. When you visit our Site(s) the cookie identifies your computer to us so that you do not have to re-register each time you visit. We may also use cookies to measure the traffic to our Sites and the use of different services and features of the Sites. Advertisers that appear on the WallBase Sites may place cookies on your computer and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their sites to learn about their information practices. Advertisers or other companies do not have access to WallBase cookies.
We do not intend that children will use our sites. We do not solicit or knowingly collect information from children under 13 years old, nor will we accept registration from them.
How we use the information we collect
We use Personally Identifiable Information that you provide to communicate with you, to process orders for products and services, to customize advertising and content available on the WallBase Sites, to conduct research for internal purposes and to use such information to improve our services and the WallBase Sites. If you have uploaded Artist Materials pursuant to the Submissions Agreement, you have also authorized WallBase to use your name and biographical materials publicly for advertising and promotional purposes.
If you so choose, we will also use it to send you information about products and services that may be of interest to you. Later on in this Privacy Policy, we provide you with more information on what choices you have.
We use information that is not personally identifiable to determine how people use our web site and its services. For example this data tells us information including how often users click on our advertisements, which files are downloaded most frequently, and which areas of our site are the most popular. Analyzing this data allows us to improve the offerings on and performance of our site(s). Using your IP address, we can also determine the general physical location of a user and may at times use this information to better target advertising to users.
If you so choose, we will also use it to send you information about products and services that may be of interest to you. Later on in this Privacy Policy, we provide you with more information on what choices you have.
We use information that is not personally identifiable to determine how people use our web site and its services. For example this data tells us information including how often users click on our advertisements, which files are downloaded most frequently, and which areas of our site are the most popular. Analyzing this data allows us to improve the offerings on and performance of our site(s). Using your IP address, we can also determine the general physical location of a user and may at times use this information to better target advertising to users.
How we share information
Except as noted below, WallBase does not share your Personally Identifiable Information with third parties unless you give us your permission or we need to share such information in order to provide products or services you have requested. For example, we use third parties to help with some of the products and services available on our site, such as processing payments and fulfilling orders for products through the WallBase Shop. We also engage third parties to assist us by tracking the number of visitors to the Sites that have "clicked-through" from specified promotions on third party sites and those visitors' activities on the WallBase Site. When we supply personally identifiable information to these third parties, we require them to use it only for the function they are helping us with.
When you see parts of our site with a prominent brand of another company, information you supply (or authorize for use) in that part of the site will be shared with the other company that is cooperating in providing the service. Please visit that company’s site to learn more about their information practices.
We aggregate the Anonymous Information that we collect and exchange it with advertisers and others who are interested in our services.
We will disclose Personally Identifiable Information when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on WallBase, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of WallBase its agents and employees, personal safety, or the public. Under such circumstances, WallBase may be prohibited by law, court order or other legal process from providing notice of the disclosure, and WallBase reserves the right to not provide such notice in its sole discretion. If we become part of another organization, including without limitation, by merger, change of control, sale of assets, or other acquisition, the acquiring organization will obtain and have access to the Personally Identifiable Information collected by WallBase and it will assume the rights and obligations regarding your Personally Identifiable Information as described in this Privacy Policy. If we cease operation, your information may be transferred to and used by another company that offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this could provide you continuity of service.
When you see parts of our site with a prominent brand of another company, information you supply (or authorize for use) in that part of the site will be shared with the other company that is cooperating in providing the service. Please visit that company’s site to learn more about their information practices.
We aggregate the Anonymous Information that we collect and exchange it with advertisers and others who are interested in our services.
We will disclose Personally Identifiable Information when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on WallBase, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of WallBase its agents and employees, personal safety, or the public. Under such circumstances, WallBase may be prohibited by law, court order or other legal process from providing notice of the disclosure, and WallBase reserves the right to not provide such notice in its sole discretion. If we become part of another organization, including without limitation, by merger, change of control, sale of assets, or other acquisition, the acquiring organization will obtain and have access to the Personally Identifiable Information collected by WallBase and it will assume the rights and obligations regarding your Personally Identifiable Information as described in this Privacy Policy. If we cease operation, your information may be transferred to and used by another company that offers similar or related products or services. While we cannot predict a great deal about such an unlikely event, we would hope this could provide you continuity of service.
What choices you have
When you register for membership at the WallBase Site, you have the option of checking a box to tell us that you do not want us to send you our email newsletter. You may also opt out of an automatic logging process that associates your Personally Identifiable Information with your recent page views. We will keep track of your decisions in our database.
Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important.
Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important.
Making changes
You may review the Personally Identifiable Information we have on file by logging in and clicking the Settings & Profile tab on your user page. Once there, there you may modify information that is incorrect and delete certain information from your profile. You can also change your permission for us to send you e-mail newsletters.
To delete your Personally Identifiable Information, you must manually change your data fields to null values. Otherwise, your data is retained indefinitely. Please note that the public comments made by a user in a chat room or a forum cannot be deleted. Data related to transactions for products and services through the WallBase Shop is retained indefinitely. Moreover, since, Anonymous Information is not identifiable as originating with you, it cannot be reviewed or changed by you.
We may change this policy from time to time. While we will usually indicate major changes by notice on our site, please check here from time to time to see if there is a revised policy posted.
To delete your Personally Identifiable Information, you must manually change your data fields to null values. Otherwise, your data is retained indefinitely. Please note that the public comments made by a user in a chat room or a forum cannot be deleted. Data related to transactions for products and services through the WallBase Shop is retained indefinitely. Moreover, since, Anonymous Information is not identifiable as originating with you, it cannot be reviewed or changed by you.
We may change this policy from time to time. While we will usually indicate major changes by notice on our site, please check here from time to time to see if there is a revised policy posted.
Publicly posted information
If you register as a member of the WallBase Sites and make postings to chat rooms, forums or your user page, please remember that anything you post is publicly available. The user name you have chosen during the registration process is visible to all users of the Site. If you visit another member’s user page, your user name will appear on that page. Your user page will also show certain statistics regarding your use of the Site, such as the date you became a member, how long ago you last visited the Site, the categories of materials you have posted. Your user profile, and the information you choose to include in your profile, will also be available to other users of our chat rooms, forums and to visitors that access your personal user page. WallBase does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the WallBase Sites.
Security
During sessions in which you give us information such as credit card numbers, we encrypt your transmissions using SSL (“Secure Sockets Layer”) technology. We keep the Personally Identifiable Information you provide on servers that are protected by firewalls and other technological means against intrusion or unauthorized access. They are located in a physically secure facility, and only our employees and agents with a need to know the information are given access. While no amount of security can give a perfect guarantee, you can have a high degree of confidence that the personally identifiable information you give us is protected from unauthorized access and use. We rely on you to select passwords that cannot be guessed easily and to safeguard those passwords from disclosure. Please contact us if you have any information regarding unauthorized use of the WallBase sites.
Updates
We may update this Privacy Policy from time to time as our services change and expand. If we update this Privacy Policy, we will notify you about significant changes by sending a notice to the email address specified in your account or by posting a notice of such changes on the WallBase Sites. Unless otherwise provided, the revised terms will take effect on the date they are posted. Once such changes become effective, your continued use of the Site will signify your acceptance of the new Privacy Policy. If you do not agree to the terms of this Privacy Policy, or any revised Privacy Policy, your sole and exclusive remedy is to discontinue using the Site.
Questions
If you have questions about this Statement or our policies, please contact us: support@wallbase.org
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Terms of Service
Introduction
Please read these Terms of Use ("Terms") carefully. They contain the legal terms and conditions that govern your use of services provided to you by WallBase, including information, text, images, graphics, data or other materials ("Content") and products and services provided through www.wallbase.org, software, programs and code forming or incorporated in to www.wallbase.org (the "Service").
This Service is operated by WallBase, Inc. ("WallBase").WallBase 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 WallBase website (the "Site"). If you choose to register as a member of our Service or purchase products from the WallBase Shop, 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
1. Availability
This Service is provided by WallBase on an "AS IS" and "AS AVAILABLE" basis and WallBase reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that WallBase is and will not be liable to you for any modification, suspension or discontinuance of the Service.
2. Privacy
WallBase has a firm commitment to safeguarding your privacy. Please review WallBase Privacy Policy above. The terms of WallBase privacy policy are incorporated into, and form a part of, these Terms.
3. Trademarks
All brand, product and service names used in this Service which identify WallBase or third parties and their products and services are proprietary marks of WallBase 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 WallBase or any third party with respect to any such image, logo or name.
4. Copyright
WallBase is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to WallBase 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 perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of WallBase or the appropriate owner of copyright in such works. WallBase does not claim ownership rights in your works or other materials posted by you to WallBase (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.
5. Reporting Copyright Violations
WallBase respects the intellectual property rights of others and expects users of the Service to do the same. At WallBase, discretion and in appropriate circumstances, WallBase may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact WallBase agent for notice of claims of copyright infringement, Kenneth H who can be reached through violations@wallbase.org. You must provide our agent with substantially the following information, which WallBase may then forward to the alleged infringe (see 17 U.S.C. 512 ©(3) for further details):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- 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.
- 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.
- 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.
WallBase may provide links to third-party websites or resources. You acknowledge and agree that WallBase is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by WallBase of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
7. Third Party Software 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 WallBase 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.
8. Conduct
You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to WallBase that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. WallBase does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless WallBase, its officers, directors, employees and agents, 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.
9. Disclaimer of Warranty and Limitation of Liability
WALLBASE 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. WALLBASE 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. WALLBASE MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT WALLBASE 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, WALLBASE 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 WALLBASE 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 DEVIANTART'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO WALLBASE PURSUANT TO THIS AGREEMENT.
10. 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 WallBase 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.
11. General/ Download Agreement
All Files Submitted Here Are Done By An Author With Copyright On The File. (Unless Stated Otherwise)
By Downloading Any File From Our Downloads System, You Are Agreeing To Our Board Guidelines Along With Terms And Conditions Of The File Usage.
The File May Be Used As According To The Author's Permissions And Has Copyright Laws On The File. Any Dispute With Copyright Will Be Taken Up With The Author.
By downloading any file on wallbase.org you are doing so on your own free will. You assume all responsibilities and problems that could occur by doing so.
WallBase.org will not be held liable for any damages as a result of a file you downloaded. This includes, but is not limited to unsupported files, non-functional files, deceptive files, virus's or spyware that could be included in files.
WallBase.org does it's best to ensure the safety of our members. We also strive to make sure that no files on our server contain any virus's or spyware and are in good working order.
However, as with all things on the net you are taking a risk by downloading anything. Download all files at your own risk.
By Downloading Any File From Our Downloads System, You Are Agreeing To Our Board Guidelines Along With Terms And Conditions Of The File Usage.
The File May Be Used As According To The Author's Permissions And Has Copyright Laws On The File. Any Dispute With Copyright Will Be Taken Up With The Author.
By downloading any file on wallbase.org you are doing so on your own free will. You assume all responsibilities and problems that could occur by doing so.
WallBase.org will not be held liable for any damages as a result of a file you downloaded. This includes, but is not limited to unsupported files, non-functional files, deceptive files, virus's or spyware that could be included in files.
WallBase.org does it's best to ensure the safety of our members. We also strive to make sure that no files on our server contain any virus's or spyware and are in good working order.
However, as with all things on the net you are taking a risk by downloading anything. Download all files at your own risk.
12. Comments
If you have any comments or questions about the Service please contact us by email at: help@wallbase.org
Section II: Additional Terms
13. 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.
14. Password
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 WallBase of any unauthorized use of your password.
15. Submitting Content
- Chat Rooms and Forums - As a registered member of the Service, you will be granted the privilege of participating in chat rooms and forums on the deviantART 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 WallBase website, subject to your compliance with the Terms.
- 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 Below, which is incorporated into, and forms a part of, the Terms.
16. Copyright in Your Content
WallBase 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 WallBase 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 WallBase 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.
17. Monitoring Content
WallBase 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.
18. Storage Policy
At this time, WallBase provides free online storage of Your Content to registered members of the Service. However, you acknowledge and agree that WallBase 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 WallBase servers. Furthermore, you acknowledge that WallBase reserves the right to terminate or suspend accounts that are inactive, in WallBase sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, WallBase 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 WallBase reserves the right to modify its storage policies from time to time, with or without notice to you.
19. Conduct
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:
You agree not to use the Service:
- 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, WallBase;
- 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 WallBase 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 WallBase by hyperlink and not to compete with WallBase.
You agree that WallBase 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 WallBase Site, in WallBase sole discretion, if you fail to comply with the Terms or applicable law.
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Submission Policy
AGREEMENT
This is the agreement ("Agreement") between you as either an individual artist or as the legal authorized representative of a group artist ("Artist") and WallBase.org , ("WallBase") concerning the uploading of Artist's audio, visual, audiovisual and other materials (the "Artist Materials" defined below) to the WallBase.org website or any successor(s) websites and/or websites to which the contents in whole or in part of WallBase.org are assigned (the "WallBase Site(s)") and concerning WallBase use of Artist Materials on the WallBase Site(s). If Artist is agreeing on behalf of a group artist or a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Artist and deviantART acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Artist Materials and any former submissions of Artist Materials:
1) Term. The term ("Term") of this Agreement starts on the date that the Artist Materials are initially uploaded to any WallBase Site(s) and continues until either Artist or WallBase terminates this Agreement in writing, with or without cause or by the removal of Artist Materials for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 15 (f), below:
a) To the extent this Agreement is terminated by Artist, the rights granted in this Agreement will terminate only after Artist has removed all of his or her Artist's Materials from the WallBase Site(s) excluding those Artist Materials that cannot be removed by Artist (e.g. comments posted to WallBase), and WallBase has received notice of the removal. If this Agreement is terminated by WallBase, this Agreement will terminate when WallBase removes Artist's Materials from the WallBase website excluding comments posted to WallBase by Artist. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.
b) Artist can selectively terminate this agreement with respect to any individual work posted by Artist to WallBase by removing the posted work from WallBase and this selective termination with respect to an individual work will become effective when WallBase receives notice of the removal. WallBase provides a removal function with respect to individual works posted by Artist and the proper use of this function shall serve as notice of removal. If the Agreement is terminated with respect to an individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this agreement or to the extent that Artist has placed the work in the Print program or similar commercial efforts within WallBase Sites.
b) Artist can selectively terminate this agreement with respect to any individual work posted by Artist to WallBase by removing the posted work from WallBase and this selective termination with respect to an individual work will become effective when WallBase receives notice of the removal. WallBase provides a removal function with respect to individual works posted by Artist and the proper use of this function shall serve as notice of removal. If the Agreement is terminated with respect to an individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this agreement or to the extent that Artist has placed the work in the Print program or similar commercial efforts within WallBase Sites.
2) Ownership. Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to WallBase under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement.
3) License To Use Artist Materials. As and when Artist Materials are uploaded to the WallBase Site(s), Artist grants to WallBase a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
a) to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;
c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.
e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
f) During the Term, WallBase licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the WallBase Sites.
g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the WallBase Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to WallBase in any medium or format whatsoever.
b) to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented ;
c) to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
d) the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.
e) Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
f) During the Term, WallBase licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the WallBase Sites.
g) As used in this Agreement, the term "Artist Materials" means any content uploaded to the WallBase Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to WallBase in any medium or format whatsoever.
4) Name and Likeness. Artist also grants to WallBase:
a) a worldwide, royalty-free, non-exclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the WallBase Site(s)as described hereunder, during the Term;
b) Artist also agrees not to assert against WallBase any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Artist Materials will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and,
c) To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to deviantART a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described in this Agreement, during the Term.
5) Limitation Of Rights The rights and licenses granted to WallBase under sections 3 and 4 of this Agreement require WallBase to obtain Artist consent before WallBase makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with WallBase but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the WallBase Site(s) or in connection with the distribution of content groups from the WallBase Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the WallBase Site(s) or other users under agreements with WallBase. WallBase will contact Artist in writing about any individual commercial uses of Artist Materials instigated by WallBase.b) Artist also agrees not to assert against WallBase any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Artist Materials will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and,
c) To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to deviantART a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described in this Agreement, during the Term.
6) Payment Unless otherwise agreed between Artist and WallBase in a writing from WallBase, the license granted to WallBase under this Agreement is royalty-free.
7) Representations and Warranties. Artist represents and warrants that:
a) Artist has the full right and power to enter into and perform this Agreement and to grant WallBase all rights to use the Artist Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 3, 4 and 5
b) Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant deviantART the rights to use the Artist Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials),
c) the Artist Materials (and WallBase use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
d) all information that Artist has provided or will provide to WallBase is true and complete,
e) the Artist Materials do not and will not violate any law, statute, ordinance or regulation,
f) the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
g) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of WallBase or any third party, and
h) if Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
b) Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant deviantART the rights to use the Artist Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials),
c) the Artist Materials (and WallBase use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
d) all information that Artist has provided or will provide to WallBase is true and complete,
e) the Artist Materials do not and will not violate any law, statute, ordinance or regulation,
f) the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
g) the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of WallBase or any third party, and
h) if Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
8) Third Party Payments. Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials.
9) Indemnity. Artist agrees to defend, indemnify, reimburse and hold WallBase and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
a) Artist's use of the WallBase Site(s);
b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
c) Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Artist Materials as provided in this Agreement
b) any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
c) Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Artist Materials as provided in this Agreement
10) WallBase Performance. Artist acknowledges and agrees that the operation of the WallBase Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and WallBase will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of the WallBase service. There are no assurances whatsoever that any of the Artist Materials or any part or element of Artist materials will actually be used on the WallBase Site or if used will continue to be available for any particular time. WallBase has the right, in WallBase sole and absolute discretion, to remove from the WallBase Site(s) at any time the Artist Materials or any part of them and/or to revoke any sublicense granted by WallBase to any affiliate or unaffiliated third party. Notwithstanding the foregoing, WallBase does not control the content of the Artist Materials and does not have any obligation to monitor the content of the Artist materials for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the WallBase Site(s) by Artist. The WallBase Site may be discontinued at any time, with or without reason and all Artist materials uploaded to deviantART may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Artist Materials.
11) No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WALLBASE DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
a) UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE WALLBASE SITE, AND
b) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WALLBASE SITE AND ANY SERVICES PROVIDED BY WALLBASE HEREUNDER. IN ADDITION, ALTHOUGH WALLBASE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE WALLBASE SITE(S), AND WHETHER OR NOT WALLBASE IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, WALLBASE DOES NOT WARRANT THAT THE WALLBASE SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE WALLBASE SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
b) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE WALLBASE SITE AND ANY SERVICES PROVIDED BY WALLBASE HEREUNDER. IN ADDITION, ALTHOUGH WALLBASE INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE WALLBASE SITE(S), AND WHETHER OR NOT WALLBASE IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, WALLBASE DOES NOT WARRANT THAT THE WALLBASE SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE WALLBASE SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
12) No Liability for Third Party Use. WALLBASE DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST MATERIALS MADE AVAILABLE ON THE WALLBASE WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST MATERIALS BY A THIRD-PARTY, AND NOT FROM WALLBASE. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM DEVIANTART (WHETHER OR NOT WITH WALLBASE PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM WALLBASE, AND THAT ARTIST WILL NOT HOLD WALLBASE RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13) Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL WALLBASE, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT WALLBASE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE WALLBASE SITE(S). IN NO EVENT SHALL WALLBASE TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE PARTIES ACKNOWLEDGE AND AGREE THAT WALLBASE HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND WALLBASE, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES..
14) Copyright and Trademark Notices. WallBase, the WallBase logos and mascots, and the layout and design of the WallBase Site(s), among other marks that may appear on the WallBase Site(s) are trademarks of WallBase.org., LLC (the "WallBase Marks"). Other trademarks and service marks on the WallBase Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the WallBase Marks without WallBase prior written permission, and Artist may not use any third-party marks without the third party's prior written permission.
15) Miscellaneous.
a) Assignment. WallBase shall have the right to assign this Agreement in whole or in part to any person or business entity. Artist may not assign Artist's rights or delegate Artist's obligations under this Agreement without the prior written consent of WallBase.
b) Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to (support@wallbase.org or to the Owner Tr!cky) Communications shall be deemed received:
b) Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to (support@wallbase.org or to the Owner Tr!cky) Communications shall be deemed received:
1) for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by Federal Express or other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt;
2) for Communications sent by personal delivery, on the date of personal delivery; and
3) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.
4) No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b).
2) for Communications sent by personal delivery, on the date of personal delivery; and
3) for Communications sent by facsimile, upon transmission subject to telephone confirmation of receipt.
4) No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b).
d) Entire Agreement. This Agreement sets forth the entire understanding and agreement of Artist and WallBase as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
e) Modification. WallBase reserves the right to amend the terms of this Agreement from time to time in its sole discretion. WallBase will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist's account. If Artist continues to upload Artist Materials after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artist Materials. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
f) Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of Artist Materials on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Artist Materials from the particular license; any use of Artist Materials pursuant to Section 3 with respect to the making of so-called backup copies or caching of WallBase Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Artist Materials consisting of comments posted to WallBase will remain as part of the WallBase database and available to all users of WallBase Sites following termination of this Agreement.
e) Modification. WallBase reserves the right to amend the terms of this Agreement from time to time in its sole discretion. WallBase will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist's account. If Artist continues to upload Artist Materials after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artist Materials. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
f) Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of Artist Materials on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Artist Materials from the particular license; any use of Artist Materials pursuant to Section 3 with respect to the making of so-called backup copies or caching of WallBase Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Artist Materials consisting of comments posted to WallBase will remain as part of the WallBase database and available to all users of WallBase Sites following termination of this Agreement.