Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on January 10, 2014.
Acceptance of Terms
We welcome you as an artist of Texas. In this document AOT is referred to as ‘we’ or ‘us’. As a member of Artists of Texas you must agree to the terms and conditions listed below. We reserve the right to alter this terms from time to time without posting notice to you other than on the AOT site itself. Make sure you check these terms each year for changes.
Description of Service and Eligibility Artists of Texas provides an Internet site /blog for its membership. AOT is not responsible and holds no liability for failure of site servers and disclaims all responsibilities for interruptions that may occur in the use of the Site/blog. AOT is not responsible for the policies stated on each artist’s individual personal page or blog posts.
AOT will not be liable for any damages whatsoever as well as any special, indirect or incidental damages arising out of related information contained on the site/blog, whether said damages arise in contract, negligence, tort, in equity, at law or otherwise, even if AOT has been advised for such damages. Members agree to indemnify and hold AOT, its subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including but not limited to attorneys’ fees or costs made by any third party due to a member’s use of the site/blog, the violation of this agreement or violation of any law by AOT members.
AOT reserves the right to alter the site at any time without notice to membership. AOT shall not be liable to member if the site is discontinued beyond refunding proportionally remaining membership dues. Member acknowledges and accepts that AOT does not guarantee continuous uninterrupted access to the Site/blog and operation of the Site/blog if it is adversely affected by factors and circumstances outside of AOT’s control.
AOT is not responsible or liable for the information provide by member on their individual personal pages. While AOT does make every effort to ensure the information on the site is accurate, we make no representations or warranties as to the reliability or accuracy of member’s input into their personal page or blog posts.
AOT makes no warranty or representation of the products offered by you the member. You acknowledge that any reliance of representation is provided by you as the artist and it is posted by you.
Artist Accounts and Responsibilities
In using this site/blog, you as the member agrees not to post or transmit any materials that are not legally yours to use. There will be no tolerance of unlawful, harmful, threatening, or abusive, vulgar, harassing material, obscene or pornographic indecent works of any kind. All work posted must be your work. All artwork posted by member will be reviewed on occasion by AOT to ensure compliance to our rules of courtesy and law. At anytime AOT reserves the right to remove intolerant artwork.
As a member, you agree to provide AOT with current addresses, emails and contact information and to update your personal page whenever necessary. You may not use false address or impersonate any other artist.
Cancellation Policy
You may cancel your membership at any time. If you do cancel, you will not receive a refund of your subscription fee for the current month or year (but you will continue to have access to the account for the remainder of your subscription period). If you would like to renew your subscription after cancellation, you will need to subscribe and apply again after the original expiration date of your subscription.
Refund Policy. We will not refund any fees paid for subscription to AOT. At any time AOT may elect, in our sole discretion, to terminate your account, you will be refunded a pro rated portion based on the time left of your membership subscription, unless you have violated one of our agreed terms above. Then there would be no refund.
Copyright and Intellectual Property Policy AOT respects the intellectual property rights of member. If member infringes on the copyright or imitates another artist, AOT reserves to right to terminate the account of that member.
Copyright © AOT 2009-2014 by Artists of Texas. All text, graphics, audio, design, software, and other works are the copyrighted works of AOT. All Rights Reserved. Any redistribution or reproduction of any materials herein is strictly prohibited.
Compliance
Governing Jurisdiction of the Courts of Texas: The site is operated and provided in the State of Texas. As such, we are subject to the laws of the State of Texas, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Texas.
Compliance with Laws: Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site/blog in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
By submitting to AOT any images of artwork (“Images”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to AOT the worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the images on promotional graphics, the Site and on our blogs. To the extent that you do not own all rights in and to the Images or that AOT’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold AOT harmless from any claims or demands, including attorneys’ fees and costs, incurred by AOT with respect thereto. All images on the Site are either owned or licensed by AOT and may not be reproduced or used in any manner without the express written permission of AOT and, if appropriate, the relevant artist. As a paying member of AOT you understand that any images posted on the website or blogs will be promoted and marketed by AOT on, but not limited to, our blogs, calendars, books, and other promotional items, Visual Language magazine, promotional flyers and announcements, juried shows, and all social media including Facebook and Pinterest. The images will be solely used for marketing purposes and will not be used for monetary profit. It is the responsibility of the artist to post low resolution images and watermark their property to avoid copyright theft from outside parties.
Copyright © 2014 Artists of Texas
All physical artwork is owned solely by the individual artists represented here and are subject to United States and International copyright laws. AOT and the AOT logo are trademarks owned by AOT and may not be used without prior written permission of AOT.
Notification of Claimed Copyright Infringement If you believe that any works on the Site infringe your copyright rights, please provide information to AOT as required by Section 512(c) of the U.S. Copyright Act.
Botnets
AOT retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, AOT reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at AOT’s discretion.
Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by AOT in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the AOT Privacy Statement.
As of December 31, 2014, Laurie Pace and Debbie Lincoln no longer will be legally responsible for the money, the liability and any other issues that may arise with Artists of Texas.