Effective as of September 1, 2011
Terms of Use Agreement
Welcome to PaintTheParks.com! PaintTheParks.com is an online service that brings together artists (“Artists”), art collectors (“Collectors”), and nature lovers (“Park visitors”). By using the PaintTheParks.com website (“Website”) you agree to be bound by this Terms of Use Agreement (“Agreement”), whether or not you register as an Artist, Collector, or Visitor, collectively known as participants (“Participants”). When registered, Participants are known as “Members.” If you wish to become a Participant, communicate with other Participants, or make use of the PaintTheParks.com services (the “Service”), please read this Agreement and indicate your acceptance by following the instructions during the registration process.
This Agreement sets out the legally binding terms for your use of the Website and your Participation in the Service. PaintTheParks.com may modify this Agreement from time to time and such modification shall be effective upon posting the modified agreement to the Website and notification of same. You agree to be bound to any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes PaintTheParks.com’s policy for acceptable use and content posted on the Website, your rights, obligations, and restrictions regarding your use of the Website and the Service.
A “Park” is defined as any protected nature reserve set aside for conservation and public enjoyment, in any part of the world and under the jurisdiction of local, state or national government authority.
Artists
Any Website visitor that browses through the PaintTheParks.com gallery pages will be able to view the image and information that has been provided by the Artists, and placed by PaintTheParks.com. The visitor is not required to register or login in order to view this information. The Artist’s information will be open to any and all visitors.
Participating artists agree that they will have a minimum of one page dedicated to their parks paintings only, on their website. Artists further agree to donate 10% of the proceeds from that painting to the respective Park Association or foundation, and to indicate that they will do so on their parks pages. When a specific park does not have its own an association or foundation that can be donated to, the respective jurisdiction (regional, state or national) park association or foundation shall be the recipient of donations.
Standards & Ethics
Artists are fully responsible for making those donations on their own accord, and PaintTheParks.com has no responsibility for enforcing participating artists’ compliance.
However, in the event that PaintTheParks.com discovers an artist is not donating or indicating the intention to donate from the sale of their park paintings, PaintTheParks.com may terminate that participating artist’s listing.
PaintTheParks.com is committed to the highest standards of integrity, and recommends participating artists do the same. PaintTheParks.com however is not legally or in any other way liable for the conduct and practices of participating artists.
Artists agree to only paint parks (en plein air or in the studio) they have actually visited, in order to be authentic in their representation of that park.
Indemnification & Transfer of Rights
By uploading an image of one of their paintings and their information on PaintTheParks.com, the artist agrees to let PaintTheParks.com post the image, link to the artist’s Parks paintings on the artist’s website and list the location of the artist by state and country. PaintTheParks.com will post the image and information where they see fit, and retain the right to change the location of the image as well as the right to remove the image and information at any time. In addition, artists have the right to ask PaintTheParks.com to remove their image and associated information by emailing removal@PaintTheParks.com.
There shall be no legal responsibility or association between PaintTheParks.com (and the Website owner Karin H. Leonard) and participating artists. Artists are fully responsible for their own actions and sales activities with potential customers. PaintTheParks.com simply provides a listing with links to the artists’ own website, where their business is conducted.
Collectors
PaintTheParks.com invites potential collectors to browse the galleries of PaintTheParks.com as well as the galleries on participating artists’ websites. Business conducted between collectors and participating artists is solely the responsibility of the participating artists. PaintTheParks.com shall in no way be held liable for any business conducted between participating artists and collectors.
Park Visitors
PaintTheParks.com invites visitors from all walks of life to visit the Website. Visitors may browse through galleries and information pages, comment on blog posts, and related activities, at their own discretion (the “Information”). This Information posted on the website can be used at the visitor’s own discretion. PaintTheParks.com is in no way and at no time legally liable for the choices visitors make after reading information on PaintTheParks.com, or on the websites of any participating artists.
Terms & Fees
This Agreement shall remain in full force and effect while you use the Website, the Service, and/or are a participant. You may terminate your Member status at any time, for any reason by sending an e-mail to removal@PaintTheParks.com. PaintTheParks.com may terminate your participation for any reason, effective upon sending notice to you at the email address you provide in your participation form or such other email address as you may subsequently provide to PaintTheParks.com.
There is no fee for standard memberships. Premium participation for a fee may become available in the future. At such time, PaintTheParks.com reserves the right to charge monthly participation fees for Artists, Galleries, and Collectors.
A notification of any fee structure change will be e-mailed to all affected participants at least 30 days in advance of the change. Any Member that wishes to downgrade or cancel his/her account may do so at any time by sending an e-mail to accounts@PaintTheParks.com.
Proprietary Rights to Content & Services
PaintTheParks.com owns and retains all proprietary content rights in the Website and the Service. The Website contains copyrighted material, trademarks, and other proprietary information of PaintTheParks.com and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Content Posted on the Site
- You understand and agree that PaintTheParks.com may review and delete any content, message, image or personal information (collectively, “Content”) that, in the sole judgment of PaintTheParks.com, violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any participant.
- You are solely responsible for the Content that you publish or display (hereinafter, “post”) on the Service or any material or information that you transmit to other Participants.
- By posting any Content to the public areas of the Website, you hereby grant to PaintTheParks.com the non-exclusive, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you request and PainttheParks.com removes such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person or corporation. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website. You further agree to represent these rights in a court of law, bearing all legal and travel costs, in the event of legal action.
- You must use the Service in a manner consistent with any and all applicable laws and regulations, as well as PainttheParks.com standards and ethics.
Copyright Policy
You may not post, distribute, upload, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
It is the policy of PaintTheParks.com to terminate privileges of any participant who repeatedly infringes copyright upon prompt notification to PaintTheParks.com by the copyright owner or the copyright owner’s legal agent.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent (send mail with delivery receipt to PO Box 263, Santa Cruz, CA 95061 USA) with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Member Disputes
You are solely responsible for your interactions with other PaintTheParks.com participants, through blog comments or any other means. PaintTheParks.com reserves the right, but has no obligation, to monitor disputes between you and other Participants or Members.
Privacy Policy
PaintTheParks.com respects your privacy and does not share, rent or sell any of your information other than what is provided for your listing and by blog comments and entries.
Disclaimers
PaintTheParks.com is not responsible for any incorrect or inaccurate content posted on the Website or in connection with the Service provided, whether caused by visitors of the Website or by any of the equipment or programming associated with or utilized in the Service.
PaintTheParks.com is not responsible for the conduct, whether online or offline, of any user of the Website (Participants) or Member of the Service. PaintTheParks.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or Member communication. PaintTheParks.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any person’s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall PaintTheParks.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to visitors, collectors or participating artists, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided “AS-IS” and PaintTheParks.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. PaintTheParks.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Limitation on Liability
IN NO EVENT SHALL PAINTTHEPARKS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF PAINTTHEPARKS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAINTTHEPARKS.COM ‘S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO PAINTTHEPARKS.COM FOR THE SERVICE DURING THE TERM OF PARTICIPATION.
Disputes
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of California without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of California.
Indemnity
You agree to indemnify and hold PaintTheParks.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Other
This Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Participant or Member. This Agreement constitutes the entire agreement between you and PaintTheParks.com regarding the use of the Website and/or the Service. The failure of PaintTheParks.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
If you do not agree, please do not use this website or upload content. Thank you!