Terms of Use Agreement
READ THIS AGREEMENT BEFORE ACCESSING WEBSITE
EFFECTIVE DATE: This Terms of Use Agreement was last updated on October 6, 2008.
This Terms of Use Agreement sets forth the standards of use of the Online Quilt Museum.com online service for registered Members. By using the Online Quilt Museum.com website you (the "Member") agree to these terms and conditions. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE ALL USAGE OF THIS WEBSITE.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Online Quilt Museum.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
The Online Quilt Museum.com provides each of its Members with the use of a website page for the purpose of exhibiting photos of the Member's quilts and related text (hereinafter "Gallery" or "Member's Gallery").
Payment for Service
Members pay a fee per month to the Online Quilt Museum.com via Pay Pal.
Unsubscribing
Members may unsubscribe at any time by using our contact form. Upon closing their account, a Member will not be billed in the next billing cycle.
Member's Account
All Members of the Online Quilt Museum.com will have a password and an account. Please guard your password so that unauthorized use will not be made of your Gallery. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify the Online Quilt Museum.com of any unauthorized use of the Member’s account or any other breach of security known or that should be known by the Member.
Member's Content
The content of a Member’s Gallery is the property and sole responsibility of the Member. Member represents and warrants that the quilts pictured in his/her Gallery are his/her own work, unless otherwise stated, and that Member owns the quilts or has permission of the lawful owner to exhibit them on the website. The Online Quilt Museum.com is not responsible for and shall have no liability for text or images posted by a Member in violation of proprietary rights or intellectual property rights of any party.
Member understands that all text and images posted by them will be available on the Internet for worldwide viewing.
Offensive Material
Offensive material is prohibited from being displayed or posted on the Online Quilt Museum.com website. Do not post text or images that are disturbing of offensive. This includes but is not limited to violence, obscenity, and blasphemy. If any material is deemed inappropriate for any reason in the sole opinion of the Museum, it will be removed from the site. If, in the sole opinion of the Museum, the Museum and the Member cannot come to an agreement regarding the suitability of content, the Museum reserves the right to close the member's account. The Member will not be charged in the next billing cycle in the event of the closure of said account. If you are unsure about the suitability of any text or images, please email your questions to Karen@onlinequiltmuseum.com prior to uploading for display or posting.
Commercial Postings
Member agrees not to make any commercial use of the Online Quilt Museum.com service without the written consent of the Museum, EXCEPT that the Member may indicate that one or more of their quilts are available for sale, and the Member may indicate in their Artist's Statement, the fact that they offer goods or services. Members may NOT post such details as: prices for quilts, terms of sale, teaching schedules, lecture prices, or photos of merchandise other than quilts. Members may include their email address and/or their website address, or physical address and phone number which the visitor to the Online Quilt Museum.com may use to get further information.
The Member's right to use the Service is personal to that Member, and the Member may not resell, assign or otherwise transfer their account to someone else. Third party advertisements are not permitted and shall not appear on the Member’s Gallery page. The Online Quilt Museum.com reserves the right to remove commercial content at its sole discretion. If, in the sole opinion of the Museum, the Museum and the Member cannot come to an agreement regarding the mention of goods and services for sale, the Museum reserves the right to close the Member's account. The Member will not be charged in the next billing cycle in the event of the closure of said account. If you have any questions about commercial content please email Karen@onlinequiltmuseum.com.
Use Restrictions
Member hereby agrees that it shall not, at any time, insert or make use of any type of disabling device, including, but not limited to, viruses, worms, Trojan horses, time bombs or cancelbots or any similar device that may impair, damage or interfere with the proper working of the Website. Member further represents and warrants that it shall not, at any time, reverse engineer, decompile or disassemble any portion of the Website or tamper in any way with the operation of the Website.
Age of Members (17 or younger)
Members 17 years old or younger must have a parent or guardian review and approve their Member account and Gallery. Personally identifiable information used to open a Member’s account is confidential. Any personally identifiable information revealed by a Member in a Member's Gallery will be seen worldwide on the Internet.
Disclaimer of Warranties
ONLINE QUILT MUSEUM.COM PROVIDES THE WEBSITE AND ANY RELATED SERVICES ON AN "AS IS", "AS AVAILABLE" AND "WHERE AVAILABLE" BASIS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. ONLINE QUILT MUSEUM.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, THAT THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THE ACCURACY OF ANY POSTING. MEMBER AGREES TO USE ONLINE QUILT MUSEUM.COM AT ITS OWN RISK.
Limitation of Liability
THE ONLINE QUILT MUSEUM.COM SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE ONLINE QUILT MUSEUM.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE ONLINE QUILT MUSEUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF ONLINE QUILT MUSEUM.COM WITH RESPECT TO ANY CLAIM OR RELATED CLAIMS UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID BY MEMBER TO ONLINE QUILT MUSEUM.COM PURSUANT TO THE TERMS OF THIS AGREEMENT.
Indemnification
Member hereby does indemnify and hold the Online Quilt Museum.com, its affiliates, officers, and employees harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of Member’s use of the Website and any related service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
Modifications and Interruption of Service
The Online Quilt Museum.com reserves the right to modify or discontinue the Service with or without notice to the Member. The Online Quilt Museum.com shall not be liable to Member or any third party should the Online Quilt Museum.com exercise its right to modify or discontinue Service. Member acknowledges and accepts that the Online Quilt Museum.com does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ websites.
Governing Jurisdiction of the Courts of Delaware
Our website is operated and provided in the State of Delaware. As such, we are subject to the laws of the State of Delaware, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Delaware and shall be governed in all respects by the laws of the State of Delaware without regard to its conflict of laws provisions, and exclusive venue and jurisdiction will be in state courts of Delaware.
Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other governmental 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
All (non-Member) content included or available on this website, including site design, text, graphics, interfaces, and the selection and arrangements thereof, is copyrighted 2008 Karen Griska, with all rights reserved, or is the property of the Online Quilt Museum.com and/or third parties protected by intellectual property rights. Any use of website materials without the written permission of Karen Griska is strictly prohibited.
The Online Quilt Museum.com trademark may not be used in connection with any product or service that is not provided by the Online Quilt Museum.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Online Quilt Museum.com.
All other trademarks displayed on the Online Quilt Museum.com website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the websites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with the Online Quilt Museum.com.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, the Online Quilt Museum.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
By Mail: Karen Griska, 25 Bank Street, 218-K, White Plains, NY, 10606
By Telephone: (914) 948-3187
By Email: Karen@onlinequiltmuseum.com
Other Terms
If any provision of this Terms of Use 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 Terms of Use Agreement and any other agreements referenced herein may be assigned by the Online Quilt Museum.com, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use 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 Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.
Survival
The definitions of this Agreement and the respective rights and obligations of the parties under Sections 8, 10, 11 and this Section 12 shall survive any termination or expiration of this Agreement.
PRIVACY POLICY
The Online Quilt Museum.com does not rent, sell, or share your email address or any personally identifiable information with anyone. Your personal information is used only to conduct business with you.
