The following are terms of a legal agreement between you and ApicalArt.com (“The Site Owner”). By accessing, browsing and/or using this web site (“The Site”), you acknowledge that you have read, understood, and agree, to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, do not use this web site.
The Site Owner may at any time revise these terms by updating this posting. By using this web site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current terms to which you are bound.
The Site and all of its content including, but not limited to, articles, other text, product and services names and descriptions, software tools and utilities, photographs, illustrations, graphics, designs, logos (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws. The Intellectual Property is owned by the Site Owner or the party credited as owner of the Intellectual Property. All software used on the Site is the property of the Site Owner or corresponding software suppliers and is protected by copyright laws.
All photographs and their metadata on this Site are copyrighted © and owned by their respective owners (the photographers) and not by The Site.
By providing information on the Site, the Site Owner does not grant any licenses to any copyrights, patents or any other intellectual property rights.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution of any material or element from the Site including, but not limited to, the design or layout of the Site, individual elements of the Site design, or any logo or image without the express written permission of the Site Owner, or other owners of the Intellectual Property is strictly prohibited.
Linking to the Site is permitted under the following conditions. If you link to the Site, you may not portray any person, event or subject in a false or misleading light. Persons wishing to link to the Site shall not create a link that contains a frame. All links to any web page in the Site network shall only be through a separate browser window or a tab, with the URL address of the Site web page and its title clearly visible in the address.
Content and Conduct Rules and Obligations
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”) are the sole responsibility of the person from which such Content originated. You, and not the Site Owner, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the Site. The Site Owner does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will the Site Owner be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Site. You acknowledge that the Site Owner does not pre-screen Content, but that the Site Owner and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move or delete any Content that is available via the Site. Without limiting the foregoing, the Site Owner and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable in the Site Owner’s sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the Site Owner or submitted to the Site Owner. You acknowledge and agree that the Site Owner may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of the Site Owner, its users and the public.
You understand that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in the Site Owner’s sole discretion as to what action should be taken.
You agree that you will not:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a Site Owner official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
(g) upload, post, or transmit unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(j) intentionally or unintentionally violate any applicable local, national or international law, and any regulations having the force of law;
(k) “stalk” or otherwise harass another;
(l) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(m) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) the Site Owner determines, in its sole discretion, is inappropriate for sale through the Site provided by the Site Owner;
(n) use the Site as a forwarding service to another website;
(o) solicit passwords or personal identifying information for commercial or unlawful purposes from other users;
(p) exceed the scope of the Site that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or content.;
(q) engage in commercial activities within The Site or on behalf of The Site without prior approval. This includes, but is not limited to, the following activities:
i. Displaying a banner that is designed to profit you or any other business or organization; and
ii. Displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
(r) obscure any advertisements from general view via HTML/CSS or any other means.
(s) make any automated use of the system.
The Site Owner reserves the right to terminate any account at any time, with or without prior notice, for any reason (or for no reason), including but not limited to violation of any rules regarding content or conduct on the site.
The Site Owner does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to the Site Owner or posted anywhere on the Site will be deemed NOT to be confidential. By sending the Site Owner any information or material or posting such information anywhere on the Site, you grant the Site Owner an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that the Site Owner is free to use any ideas, concepts, know-how or techniques that you send him for any purpose.
You represent and warrant by submitting any materials that such submission does not infringe any third-party intellectual property rights. You agree not to use any facilities or resources available on or through the Site to transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law.
The Site Owner is not liable for:
The contents of any communication, message, or other information sent by you or third parties to the Site Owner or the Site, or posted by you or other third parties on any part of the Site
The contents or availability of any website that is accessed from or linked to any part of the Site
Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure
Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the Site, or download any of the software through any of the Site, even if the Site Owner has been advised of the possibility of such damages
You agree to indemnify and hold the Site Owner harmless from all claims, liabilities, losses, damages, and expenses (including attorneys fees and expenses) arising out of or relating to:
Your use of any parts of the Site
Your use of any products or services offered by third-parties through the Site
Your download and/or use of any of the software available for download through any part of the Site
The Site Owner respects the intellectual property of others, and is committed to protecting the rights of copyright holders. The Site seeks to comply with all applicable laws and regulations regarding the protection of intellectual property.
The Site Owner’s policy regarding copyright claims or concerns is as follows:
The Site Owner will not display photos for which it does not possess the appropriate rights or licenses as obtained under applicable affiliate program agreements to which it is a party. The source of such photos will be clearly stated and will display a link back to the site from which the photos were obtained.
If you are concerned about your photos appearing on this Site, first, please first check any agreements you may have with the site to which the photo is linked. Should there be cause, in the first instance, please raise any issue you may have with the relevant site. Such site will then progress matters with this Site.
Should you have no agreement with the relevant affiliate program site, please send us a DMCA notice by email and we will take immediate action to ensure your photo together with other infringing content cannot be viewed via this Site until the issue is resolved.
To be effective, your DMCA email notice must contain the following information:
identification of the copyrighted work that you claim has been infringed on or through the Site, including the copyright registration number for any such work if applicable;
identification of the Content that you claim has infringed the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on or in the Site, with sufficient detail that we may verify the existence of the material within the Site;
your contact information, including your full name, mailing address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law;
a statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder; and
an electronic or physical signature of a person authorized to act on behalf of the copyright holder.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney’s fees.
Disclaimer of Warranties
Information on this Web site may contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice. The Site Owner may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice.
The Site Owner assumes no responsibility regarding the accuracy of the information that is provided on this site and use of such information is at the recipient’s own risk.
IN NO EVENT WILL THE SITE OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, OR ON ANY OTHER HYPER LINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ALL INFORMATION IS PROVIDED BY THE SITE OWNER ON AN “AS IS” BASIS ONLY. THE SITE OWNER PROVIDES NO REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NONINFRINGEMENT.
THE SITE OWNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
This Agreement shall in all respects be interpreted, enforced and governed by and under the laws of England and Wales without regard to its conflict of laws provisions. All parties hereto agree to submit to the exclusive jurisdiction of the courts of England and Wales with respect to any dispute regarding The Site or this Agreement.