GENERAL TERMS AND CONDITIONS OF USE
ACCEPTABLE USE POLICY
PRIVACY POLICY
THIS SITE AND RELATED SERVICES ARE PROVIDED SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS, ACCEPTABLE USE POLICY AND PRIVACY POLICY SET FORTH BELOW.
AS A USER OR VISITOR OF THIS WEBSITE, YOU ARE REFERRED TO HEREIN AS “YOU” OR “USER.”
PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS, CONDITIONS AND POLICIES SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, CONDITIONS, AND POLICIES, PROMPTLY EXIT THIS SITE.
I. WEBSITE TERMS AND CONDITIONS OF USE
1. Restrictions on Use.
All pages within www.artgraze.com (“Website”) and any material made available for download are the property of Daily Painters of New Mexico, LLC (“Service Provider”) and/or its affiliates. The information includes information provided by third parties. Service provider does not endorse or take responsibility for third party information. Service Provider reserves any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements.
2. Proprietary Rights and Trademark and Copyright Infringement.
The Artgraze and Daily Painters of New Mexico, LLC trademarks and logos are the service marks of Service Provider. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. Marks, logos, titles, and names are trademarks owned and/or registered either by Daily Painters of New Mexico, LLC or by a related company and/or licensor. The respective third parties own all other third-party trademarks.
All content on the Website (including but not limited to text, images, photographs, illustrations, multimedia (graphic, audio and video), charts, reports, data, software HTML code and screens contained therein) is owned by or licensed to Daily Painters of New Mexico, LLC (except for government works) and is subject to protection by U.S. and international intellectual property laws, including but not limited to any patent rights, copyrights, trade secrets, trade names, trademarks, services marks, moral rights, know-how and any other similar rights or intangible assets recognized under the laws or international conventions in any country or jurisdiction in the world as intellectual creations to which rights of ownership accrue. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Service Provider. You may not copy copyrighted materials from the Website for your own personal use or the use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements.
3. Designation of Agent.
Daily Painters of New Mexico, LLC designates an agent as described below to receive notifications of claimed copyright or other intellectual property infringement:
Legal name and address of agent:
Jacqueline S. Butler
7 Avenida Vista Grande #254
Santa Fe, NM 87508
Telephone, fax, and email address of designated agent:
Telephone: 505-466-3624
Facsimile: 505-466-1901
Email: info@dailypaintersnewmexico.com
4. Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.
5. Limitation of Liability.
DAILY PAINTERS OF NEW MEXICO, LLC, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE UNDER ANY THEORY OF LIABILITY INCLUDING NEGLIGENCE AND STRICT LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. This limitation of liability applies to damages arising out of (a) your use of the website, including, but not limited to, any loss or damage caused by any reliance on, or any delays, inaccuracies, errors or omissions in, any information accessed on or through the website, (b) your inability to use the website for whatever reason, including, but not limited to, communications failure or any other failure with transmission or delivery of any information accessed on or though the website, (c) the deletion, correction, destruction, damage, loss or failure to store any information, or (d) any other matter relating to the website. Your sole remedy for dissatisfaction with the site, site-related services, and/or hyperlinked websites is to stop using the site and/or those services.
Because some jurisdictions do not allow the exclusion of certain warranties or limitation or exclusion of liability for incidental or consequential damages, in such jurisdictions Daily Painters of New Mexico, LLC’s aggregate liability will be limited to the extent permitted by the laws of that jurisdiction.
6. Errors on Website.
Although Service Provider attempts to ensure the integrity and accurateness of the Website, it makes no guarantees whatsoever as to the correctness or accuracy of the Website. It is possible that the Website could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Service Provider so that it can be corrected. Information contained on the Website may be changed or updated without notice.
7. Confidential and Proprietary Information.
Service Provider does not want to receive confidential or proprietary information from you through the Website. Please note that any information or material sent to Service Provider through the Website will be deemed NOT to be confidential. By sending Service Provider any information or material, you grant Service Provider an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that Service Provider is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
8. Indemnification.
You agree to indemnify and hold harmless, and at Daily Painters of New Mexico, LLC’s option, defend Daily Painters of New Mexico, LLC and any employees, agents, representatives and licensors, from all damages, costs, liabilities, suits, judgments, penalties, expenses, obligations, losses, claims, actions, costs and expenses (including, but not limited to, attorneys’ fees and expenses), relating to or arising out of (a) any breach of these Terms and Conditions of Use or (b) any use of the Website by you.
9. Links or Pointers to Other Websites.
Service Provider makes no representations whatsoever about any other Website that you may access though this Website. When you access a non-Artgraze or non-Daily Painters of New Mexico, LLC Website, please understand that it is independent from Daily Painters of New Mexico, LLC, and that Service Provider has no control over the content on that Website. In addition, a hyperlink to a non-Service Provider Website does not mean that Service Provider endorses or accepts any responsibility for the content, or the use, of the linked Website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.
10. Choice of Law and Venue.
In connection with any litigation, without limiting Daily Painters of New Mexico, LLC’s right to bring an action against you in any jurisdiction, you further agree to submit to the exclusive jurisdiction of and venue in the federal and state courts located in the County of Santa Fe, New Mexico. You agree that any claim or cause of action arising out of or related to the use of the website or these Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose regardless of any statute or law to the contrary.
In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney's fees. In the event that a court or other tribunal of competent jurisdiction holds any of the Terms and Conditions to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.
11. Revisions of Terms of Use.
In its sole discretion, Service Provider may modify these Terms and Conditions by posting the revised version on this Website and you agree that each visit by you to this Website is a new transaction governed by the terms of use linked on this Website at that time.
12. No Unlawful or Prohibited Purpose.
As a condition of your use of this Website, you warrant to Service Provider that you will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
II. ACCEPTABLE USE POLICY
This site, www.artgraze.com, (“Website”) is administered by Daily Painters of New Mexico, LLC (“Service Provider”), for informational purposes and as a service to artists, designers, galleries, cultural institutions, and the public. BY VIEWING, UPLOADING OR SUBMITTING CONTENT TO THIS SITE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
1. Service Provider reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this Acceptable Use Policy. The Acceptable Use Policy below describes certain actions relating to the content and operation of the Website that Service Provider considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact Service Provider. Service Provider's right to remove inappropriate content under this Policy shall not place an obligation on Service Provider to monitor or exert editorial control over the Website.
Actions that Service Provider considers inappropriate and grounds for removal of offending material or termination of access to the Website include, but are not limited to, the following:
a. Using the Website to sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered;
b. Using the Website to post any content that is obscene, lewd, lascivious, pornographic, is excessively violent, harassing, or otherwise objectionable;
c. Using the Website to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence;
d. Using the Website to post any content that holds Service Provider (including its affiliates), employees or shareholders up to public scorn or ridicule or would in anyway damage or impair Service Provider's reputation or goodwill;
e. Using the Website to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;
f. Failing to obtain all required permissions when using the Website to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;
g. Deleting or altering author attributes, copyright notices, or other copyright management information, unless expressly permitted in writing by the author or owner;
h. Using the Website in a tortious manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or
i. Introducing viruses, worms, Trojan horses, or other harmful code on the Internet.
2. Service Provider may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by Service Provider on its Website (www.artgraze.com). You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes.
III. PRIVACY POLICY
Your privacy is important to us. We collect information from you only to create content and functionality that best serve your needs and interests, to improve the quality of the service we provide for you, and to meet legal and regulatory requirements. We never rent or sell your name or other personally identifiable information. We will not share information with people or entities that are not affiliates (“nonaffiliated third parties”) except as described below. We maintain procedural safeguards to store and secure information about you from unauthorized access, alteration and destruction.
Introduction.
This Privacy Policy (“Policy”) describes Daily Painters of New Mexico, LLC’s collection and use of data from visitors or users who access data, communications or software applications on or through this Website.
1. Changes to Policy.
This Policy may change over time. Daily Painters of New Mexico, LLC shall provide notice of changes to the Policy on this Website. Such changes shall become effective on the tenth calendar day after their initial posting on this Website. If you want to opt out of any new disclosures we propose to make, you must notify us before the effective date of the change. Use or visitation of this Website following any such ten-day period signifies your consent to such additional changes. Therefore, Daily Painters of New Mexico, LLC recommends that you review this Policy regularly to ensure that you are familiar with the Policy.
If at any time you have questions regarding this Policy, you may contact a representative of Daily Painters of New Mexico, LLC by sending an e-mail to info@dailypaintersnewmexico.com or calling 505-466-3624.
2. Collection of Personal Information.
Daily Painters of New Mexico, LLC understands the importance of maintaining the confidentiality, integrity and security of its users’ non-public, personally identifiable information (“Personal Information”). In order for Daily Painters of New Mexico, LLC to provide and improve its services, Daily Painters of New Mexico, LLC collects and maintains Personal Information about users. Daily Painters of New Mexico, LLC collects Personal Information in circumstances when you knowingly provide Personal Information. The Website will indicate when the provision of any Personal Information is optional.
3. Disclosure of Personal Information.
In the normal course of serving our users, Daily Painters of New Mexico, LLC may disclose Personal Information of the type listed below to Daily Painters of New Mexico, LLC’s affiliates and agents for purposes related to the services and information provided by Daily Painters of New Mexico, LLC. Daily Painters of New Mexico, LLC may collect and store the following information:
Personal Information from emails that have been sent by users to Daily Painters of New Mexico, LLC, including email address, email subject, or other information provided by the user;
Personal Information collected from users’ registration forms, including name, physical address, email address, etc.;
Personal Information collected when a user applies for a position with Daily Painters of New Mexico, LLC or programs sponsored by Daily Painters of New Mexico, LLC.
4. Use of Personal Information.
Except as otherwise provided herein, Daily Painters of New Mexico, LLC will not disclose any Personal Information. At your request, we will share your name, address and other contact information with member Galleries and Artists in order to facilitate communication regarding Artworks shown on the sire. Unless otherwise explained to you, these member Galleries and Artists do not have any right to use your information that we provide to them beyond providing services and products to you.
We also use Personal Information to provide services for you. Your Personal Information lets us know how to contact you so that we may answer your questions or respond to your requests. We may use Personal Information to analyze trends, track visitors’ movements and gather broad demographic information for aggregate use. In addition, when a user applies for a position with Daily Painters of New Mexico, LLC or for a program sponsored by Daily Painters of New Mexico, LLC, we will use any related Personal Information provided by the user only for the purpose of processing and evaluating the application.
5. Disclosure to Nonaffiliated Third Parties.
We may also disclose some or all of your information to nonaffiliated third parties such as our legal or other advisors or external service providers who help us maintain and improve our services. These parties are subject to their own security and privacy policies and procedures. We may also disclose information to government authorities when required or permitted by law or regulation. We may disclose information as necessary to comply with a subpoena or court order, or to protect our rights or the rights of another person for any reason permitted by law or regulation. If it is lawful to do so, Daily Painters of New Mexico, LLC will make reasonable efforts to notify you of any request for disclosure of your information as soon as reasonably practicable following receipt of such a request.
6. Disclosure in the Event of Sale of Assets.
We recognize that your information is very sensitive, and protecting the privacy of this information is a top priority for us. Your information is not shared by Daily Painters of New Mexico, LLC with any non-affiliated parties, unless such disclosure is necessary for one of the reasons stated in the preceding paragraph. However, Daily Painters of New Mexico, LLC reserves the right to transfer Personal Information to a third party in the event of a sale of stock, merger or consolidation or other transfer of all or substantially all of the assets of Daily Painters of New Mexico, LLC, whether voluntarily or by operation of law, to such third party, provided that such third party agrees to protect the confidentiality of your Personal Information consistent with this Policy.
7. Protecting the Confidentiality and Security of Personal Information.
This website takes reasonable precaution to protect visitors’ Personal Information obtained on or through this Website. Please note, however, that no transmission over the Internet can be 100% secure.
8. Links to Third Party Sites.
Daily Painters of New Mexico, LLC’s www.artgraze.com and other Websites contain links to other sites. Such links are provided solely for your convenience. This Policy applies solely to information collected by or through the Daily Painters of New Mexico, LLC websites. Daily Painters of New Mexico, LLC is not responsible for the content, privacy and security practices of other sites. In addition, please note that Daily Painters of New Mexico, LLC does not take responsibility for the privacy practices of other websites that link to the Daily Painters of New Mexico, LLC website. You should consult the privacy policies of each linked website to determine whether such website’s privacy policy is acceptable to you.
Your use of this Website signifies that you agree to the terms of this Policy.
IV. YOUR USE OF THIS WEBSITE IS AN ACKNOWLEDGEMENT OF YOUR AGREEMENT TO THESE TERMS AND CONDITIONS OF USE, ACCEPTABLE USE POLICY AND PRIVACY POLICY, TOGETHER FORMING THE COMPLETE AND EXCLUSIVE STATEMENT OF AGREEMENT BETWEEN DAILY PAINTERS OF NEW MEXICO, LLC AND YOU, THE USER.
