ACCEPTANCE OF TERMS Silverton Artworks provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time using a link to this page. In addition, when using particular Silverton Artworks services, you and Silverton Artworks shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. If you are a Client of Silverton Artworks, please note that Silverton Artworks provides additional obligations for you. Silverton Artworks also may offer other services from time to time, that are governed by additional Terms of Services. DESCRIPTION OF SERVICE Silverton Artworks currently provides users with access to a rich collection of on-line resources, including, various communications tools, online forums, shopping services, personalized content and branded programming through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Silverton Artworks properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that Silverton Artworks assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that Silverton Artworks has created certain areas on the Service that contain adult or mature content. You must be at least 18 years of age to access and view such areas. YOUR REGISTRATION OBLIGATIONS In consideration of your use of any services provided by Silverton Artworks, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by Silverton Artworks, such information being the ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Silverton Artworks has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Silverton Artworks has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Silverton Artworks, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Silverton Artworks does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Silverton Artworks 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, emailed or otherwise transmitted via the Service. You acknowledge that Silverton Artworks does not pre-screen Content, but that Silverton Artworks and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Silverton Artworks and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. 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 Silverton Artworks or submitted to Silverton Artworks. INDEMNITY You agree to indemnify and hold Silverton Artworks, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Silverton Artworks may establish general practices and limits concerning use of the Service. You acknowledge that Silverton Artworks reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Silverton Artworks reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. MODIFICATIONS TO SERVICE Silverton Artworks reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Silverton Artworks shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. TERMINATION You agree that Silverton Artworks, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Silverton Artworks believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Silverton Artworks may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Silverton Artworks may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Silverton Artworks shall not be liable to you or any third-party for any termination of your access to the Service. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Silverton Artworks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Silverton Artworks has no control over such sites and resources, you acknowledge and agree that Silverton Artworks is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Silverton Artworks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. Silverton Artworks'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Silverton Artworks or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Silverton Artworks grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Silverton Artworks for use in accessing the Service. ORDER ACCEPTANCEMany products have limited availability due to limited quantities, specific ordering periods, and other restrictions. Your order remains subject to acceptance by Silverton Artworks. Silverton Artworks reserves the right to limit quantities, discontinue accepting new orders, and cancel existing orders at any time without advance notice. In the event a particular product is sold out, Silverton Artworks reserves the right to either process partial orders and make refunds, or reject your entire order and refund your payment in full. DISCLAIMER Silverton Artworks AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Silverton Artworks AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL Silverton Artworks AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS SERVER.THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS SERVER COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Silverton Artworks AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANYTIME. NOTICES Any notices claiming copyright or trademark infringement should be sent to: art@silvertonartworks.com.Any rights not expressly granted herein are reserved. |