Agreement Between User And fusionartarchives.com

The fusionartarchives.com website (the “Site”) is comprised of various web pages operated by Fusion Art. The services (the “Service”) offered at fusionartarchives.com are provided to you under the terms and conditions of these Terms of Service and Use. Your use of the service, you agree to be bound by all of the terms, conditions and notices contained herein (the “Terms”). Please read the following terms carefully, prior to any use of this site, and keep a copy of them for your reference. If you do not agree to these terms, you should not submit any art to any of their art competitions and art exhibitions, or obtain goods, products or services from this Site. Fusion Art reserves the right, at any time and in its sole discretion, to change the Terms under which fusionartarchives.com is offered. The most current version of the Terms will supersede all previous versions. Fusion Art encourages you to periodically review the Terms to stay informed of our updates.

Electronic Communications

Visiting fusionartarchives.com or sending emails to Fusion Art constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

Fusion Art does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use fusionartarchives.com only with permission of a parent or guardian.

No Unlawful Or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use fusionartarchives.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fusion Art that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

All artwork appearing on fusionartarchives.com remains the intellectual property of the original artist.

All content included as part of the Service, such as text, graphics, logos, images, design, magnetic translation, digital conversion, as well as the compilation thereof, contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”), is the property of Fusion Art, its participating artists, licensors, affiliates or partners and is protected by copyright and other laws that protect intellectual property and proprietary rights. All rights in the Intellectual Property are reserved to Fusion Art or its participating artists, its licensors, affiliates or partners. You may not use the Intellectual Property for any purpose, or copy the Intellectual Property, in whole or in part, without prior written permission from FUSION ART, its participating artists, licensors, affiliates or partners. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fusion Art content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Fusion Art and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fusion Art or our licensors except as expressly authorized by these Terms. Other product and company names appearing on the Site may be trademarks of their respective owners.

Use Of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

Fusion Art has no obligation to monitor the Communication Services. However, Fusion Art reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Fusion Art reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

You agree that you will comply with all applicable local, state, national and international laws and regulations, including, but not limited to, all laws regarding the transmission of technical data exported from the United States. Fusion Art reserves the right to monitor, review, retain and/or disclose any information resulting from or relating to your use of the Service as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Fusion Art’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Fusion Art does not control or endorse the content, messages or information found in any Communication Service and, therefore, Fusion Art specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Fusion Art spokespersons, and their views do not necessarily reflect those of Fusion Art.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Modification

Fusion Art reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), any document, information or other content on the Site, with or without notice to you. You agree that Fusion Art shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service, any document, information or other content on the Site.

International Users

The Service is controlled, operated and administered by Fusion Art from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Fusion Art Content accessed through fusionartarchives.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Termination/Access Restriction

Fusion Art reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fusion Art as a result of this agreement or use of the Site. Fusion Art’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fusion Art’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Fusion Art with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fusion Art with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fusion Art with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Nontransferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable.

Copyrights & Copyright Agents

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a 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; and (f) 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.

Disclaimer of Warranties

You expressly agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Fusion Art expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

Fusion Art makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error or virus free; nor does Fusion Art make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in software used in connection with the service will be corrected. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.

You specifically agree that Fusion Art is not responsible for unauthorized transmissions, access to or alteration of your transmissions or data sent or received, or not sent or received, or any transactions entered into through the service. You acknowledge that Fusion Art does not control content, information, products or services offered by advertisers or third parties on or through the service, including, but not limited to, information, products, or services provided by license to Fusion Art from third parties. Except as otherwise agreed in writing, Fusion Art assumes no responsibility for and makes no warranty or representation as to the accuracy, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers) through the service.

You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Fusion Art or through the service shall create any warranty not expressly made herein. We disclaim any duty or obligation to update any information on our site. Information about other companies should not be relied upon as being provided or endorsed by us. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.

You agree that we and our affiliated parties have no liability whatsoever for your use of any information or service. Fusion Art shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data or other intangibles, even if Fusion Art has been advised of the possibility of such damages, resulting from the use or the inability to use the service or from transactions entered into with Fusion Art through the service or resulting from unauthorized access to or alteration of transmissions or data. You specifically agree that Fusion Art is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the service or such content in any document, material or item purchased through the site, or for any infringement of violation of another’s rights by any other party on the service, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. The negation of damages set forth herein is a fundamental element of the bargain between us and you.

This site and the information on the site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend and hold harmless Fusion Art, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fusion Art reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fusion Art in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

Use of Information

Fusion Art reserves the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Service and Use. You further agree that by supplying public information including but not limited to text and images, you are giving Fusion Art the rights to display this public information on the site due to you participating in any of art competitions, art exhibitions, posts, pages, special sections and in all of the Site’s marketing efforts. The artist retains all rights to their supplied text and images, but Fusion Art reserves the right to edit or remove offensive or otherwise illegal images or text from its site.

Cancellation/Refund Policy

Entry fees are non-refundable

Payment

You represent and warrant that if you are participating in any activity from the Site that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.

Links To Third Party Sites/Third Party Services

fusionartarchives.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Fusion Art and Fusion Art is not responsible for the contents, accuracy or opinions expressed of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Fusion Art is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fusion Art of the site or any association with its operators.

Certain services made available via fusionartarchives.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the fusionartarchives.com domain, you hereby acknowledge and consent that Fusion Art may share such information and data with any third party with whom Fusion Art has a contractual relationship to provide the requested product, service or functionality on behalf of fusionartarchives.com users and customers.

If you decide to leave our Site and access these third-party sites, you do so at your own risk.

Materials Provided To fusionartarchives.com Or Posted On Any Fusion Art Web Page

By uploading work to the site, you are authorizing Fusion Art to display your work on the site as it sees fit. This includes any Fusion Art Galleries, Archived Exhibitions, the “Featured Artist” page, and all other places where member art is displayed.

Also, by entering Fusion Art Competitions and Exhibitions, you authorize Fusion Art to display your entry for posterity as part of an historical site record, regardless of whether your use of the site remains active or not.

Fusion Art does not claim ownership of the materials you provide to fusionartarchives.com (including feedback and suggestions) or post, upload, input or submit to any Fusion Art Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Fusion Art, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Fusion Art is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Fusion Art’s sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FUSION ART AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

FUSION ART AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FUSION ART AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FUSION ART AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FUSION ART OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Changes To Terms

Fusion Art reserves the right, in its sole discretion, to change the Terms under which fusionartarchives.com is offered. The most current version of the Terms will supersede all previous versions. Fusion Art encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

Fusion Art welcomes your questions or comments regarding the Terms:

Fusion Art

PO Box 4236

Palm Springs, California 92263

Email Address: info@fusionartarchives.com

Telephone number: 310-923-2218

These Terms of Service & Use may be updated from time to time so please be sure to read them in their entirety as they may have changed since the last time you read them.

*Updated December 2, 2017