Disclaimer / Release of Liability
This site, ArtbyHerbie.com, offers an online portfolio, blog, products and information service as a means to showcase and sell our work, writing and online content. The Service is provided free of charge. This legal agreement is made between ‘You’ and ‘Us’.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, PLEASE DO NOT USE THIS WEBSITE. THE TERMS AND CONDITIONS OF THIS AGREEMENT ARE SUBJECT TO CHANGES MADE BY US, AT ANY TIME, EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT VERSION OF THIS AGREEMENT ON THE SERVICE.
In this Agreement the following words have the following meanings unless the context requires otherwise:
‘Agreement’ means the agreement between You and Us incorporating these terms and conditions for the provision of the Service, as amended from time to time in accordance with the terms and conditions set forth herein;
‘We, Us, Our’ means the Service/Website; and ArtbyHerbie.com.
‘You, Your, Yourself’means the person who registers for the Service, and views and uses the content within the website, and accepts the terms and conditions of this Agreement.
Eligibility: Use by Minors
By becoming a user, You represent and warrant that You are at least 18 years old. Specifically, this is for the purpose of any explicit verbal language that may be within the content. By using this website, You represent and warrant that You have the right, authority and capacity to enter into this Agreement and to abide by it’s terms and conditions Your use of the Service is for Your sole, personal use and business use. You may also become a member by way of any transaction. You may not authorise others to use Your membership/account and You may not assign or otherwise transfer Your membership/account to any other person or entity.
Registration and Subscription
The initial concept of this website is a personal/business portfolio and associated content by it’s owner. Therefore, there are no fees to pay to use this website. When and if You register to become a Member/e-commerce customer, You agree to provide accurate, current and complete information about Yourself as prompted by Our registration form (“Registration Data”), and to maintain and update Your information to keep it accurate, current and complete. You agree that We may rely on Your Registration Data as accurate, current and complete. You acknowledge that if Your Registration Data is untrue, inaccurate, not current or incomplete in any respect, We reserve the right to terminate this Agreement and Your use of the Service. Further, at no time, unconditionally, shall You hold Us responsible for any thing(s) at any time(s), without exception.
Term and Termination
This Agreement will remain in full force and effect while You use the Service and/or are a Member. You may terminate your membership at any time, for any reason, upon receipt by Us of Your written or email notice of termination. Either You or We may terminate your membership by removing your profile, at any time, for any reason, with or without explanation, effective upon sending written or email notice to the other party. Upon such termination by Us without cause, We shall refund, pro rata, any unused portion of any subscription payments that We have received from You, if any. In the event that (a) You terminate your subscription or membership or (b) We determine, in our sole discretion, that You have violated this Agreement. You shall not be entitled to nor shall We be liable to You for any refund of any unused portion of any subscription payments the We have received from You, and We may continue to bar Your use of the Service in the future. Even after membership is terminated, this Agreement will remain in effect.
You represent and warrant to Us that the information posted in Your profile, comments or communication including Your photograph are posted by You and that You are the exclusive author of Your profile and the exclusive owner of Your photographs. You assign to Us, with full title guarantee, all copyright in Your profile and your photographs posted, at any time, in connection with Your use of the Service. You waive absolutely any and all moral rights to be identified as author of Your profile and owner of Your photograph and any similar rights in any jurisdiction in the world. In addition, other Members may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which You have been given express written permission, You will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information, content or intellectual property. By posting information, photographs or content on any Service, You automatically grant, and You represent and warrant that You have the right to grant, to Us and other members, free of charge, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content and photographs and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing.
Your Use Of the Service
As a User/Member, You agree that:
(1) You will use the Service in a manner consistent with any and all applicable laws and regulations. You will not include in Your profile/public comments any telephone numbers, street addresses, last names, URL’s or email addresses, other than where You are specifically asked for such information in the Confidential Personal Information section of the Service. You will not engage in advertising to, or solicitation of, other members to buy or sell any products or services through the Service. You will not transmit any chain letters or junk email to other members. You are solely responsible for Your interactions with other members. We reserve the right, but have no obligation, to monitor and/or mediate disputes between You and other members.
(2) You are solely responsible for the content or information You publish or display (hereinafter, “post”) on the Service, or transmit to other members. You will not post on the Service, or transmit to other members or to Us or Our employees, any defamatory, inaccurate, abusive, obscene, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). We reserve the right, but We have no obligation, to reject any profile or photo that does not comply with the prohibitions set forth in this section and, to the extent that We determine, in Our sole discretion, to do so, You shall not be entitled to a refund of any unused subscription payments that We have received from You.
(3) Email communications sent from Us or through Us are designed to make your experience with us enjoyable and useful. By becoming a member/subscriber, You specifically agree to accept and consent to receiving email communications initiated from Us or through Us including, without limitation: message notification emails, Your Match emails, emails informing you about our products and services, emails informing You of promotions We run and emails informing You of changes to the Service. Should You not wish to receive any of Our email communications, please do not register with Us for the Service.
(4) You agree that We have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by Our Service. You acknowledge that features, parameters or other services We provide may change at any time. You acknowledge that We reserve the right to sign out, terminate, delete or purge Your account from the Service if it is inactive. “Inactive” means that you have not signed in to the Service for a particular period of time, as determined by Us, in Our sole discretion (currently, we consider an account to be Inactive after 12 months).
We are entitled to investigate and terminate Your membership if You have misused the Service, or behaved in a way which could be regarded as inappropriate, unlawful or illegal. The following is a partial, but not exhaustive, list of the types of actions that are illegal or prohibited under this Agreement:
(a) You will not impersonate any person or entity.
(b) You will not “stalk” or otherwise harass any person.
(c) You will not express or imply that any statements You make are endorsed by Us, without Our specific prior written consent.
(d) You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or, in any way reproduce or circumvent the navigational structure or
presentation of the Service or its contents.
(e) You will not post, distribute or reproduce, in any way, any copyrighted material, trademarks, or other
proprietary information without obtaining the prior consent of the owner of such proprietary rights.
(f) You will not copy or remove any copyright, trademark, intellectual property or other proprietary rights notices contained within the website.
(g) You will not interfere with or disrupt any Service or any site, servers or networks connected to any Service or site.
(h) You will not post, email 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) You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any
information transmitted through the Service.
(j) You will not “frame” or “mirror” any part of the Service, without Our specific prior written consent.
(k) You will not use meta tags or code or other devices containing any reference to Us or the Service or the site connected to the Service in order to direct any person to any other web site for any purpose.
(l) You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or any software used on or for the Service or cause or enable others to do so.
Indemnity by User
You will defend, indemnify, and hold Us and Our officers, directors, employees, agents and third parties harmless, for any losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising out of Your use of the Service, including:
(I) Your breach of this Agreement;
(II) any allegation that any materials that You submit to Us or transmit to the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or
(III) Your activities in connection with the Service. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by Us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE NOR ARE WE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY PARTIES OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE TO BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE
SERVICE, OR TRANSMITTED TO MEMBERS.
WE RESERVE THE RIGHT, BUT WE HAVE NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC AREAS OF THE SERVICE. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE SERVICE AND IN YOUR PRIVATE EMAIL MESSAGES. EMAILS SENT
BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW.
All intellectual property rights in and to the Service are and shall be owned by Us, absolutely. Those rights include, but are not limited to, databaserights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights, wherever existing in the world, together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in Service are the property of their respective owners.
The personal information (including sensitive personal information) You provide to Us will be stored on computers. You consent to Our using this information to build up a profile of interests, preferences and browsing patterns and to allow You to participate in the Service. You also agree to read, review, comply with, uphold and maintain Our terms and conditions thereof. If you are located outside of the United Kingdom, please note that the information that you provide is being sent to the United Kingdom. By becoming a member of the Service, you consent to your data being sent to the United Kingdom and to such other third parties and jurisdictions as may be involved in the provision and operation of the Service.
WE PROVIDE THE SERVICE ON AN ‘AS IS’ BASIS AND GRANT NO WARRANTIES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY, IN ANY COMMUNICATION WITH OUR REPRESENTATIVES, OR US OR OTHERWISE WITH RESPECT TO THE SERVICE. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE OR ERROR-FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY.
Although each member must agree to Our terms and conditions, We cannot guarantee that each member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Service by persons under the age of 18 in violation of this Agreement. Also, it is possible that other members or users (including unauthorized users, or “hackers”) may post or transmit offensive or obscene materials on the Service and that You may be involuntarily exposed to such offensive and obscene materials. It also is remotely possible for others to obtain personal information about You due to Your use of the Service, and that the recipient may use such
information to harass or injure You. We are not responsible for the use of any personal information that You disclose on the Service. Please carefully select the type of information that You post on the Service or release to others. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
Limitation of Liability
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICE DURING THE TERM OF YOUR MEMBERSHIP.
WE DO NOT CONDUCT BACKGROUND CHECKS OR OTHERWISE SCREEN THE MEMBERS REGISTERING TO THE SERVICE IN ANY WAY. AS A RESULT, WE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT,
INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THE SERVICE, OR INDIVIDUALS INTRODUCED TO YOU VIA THE SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
To resolve a complaint regarding the Service, You should first contact us by
This Agreement is governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the United Kingdom. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.