TERMS AND CONDITONS OF PARTICIPATION IN THE ARTIST DIRECTORY OF POMOARTS.CA
The following Terms and Conditions govern and apply to your use of or reliance upon this Artist Directory maintained on pomoarts.ca by the Port Moody Arts Centre Society.
Your access or use of the Artist Directory indicates you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statues and/or regulations.
These terms of service may be amended and, at any time by us from time to time without specific notice to you. The latest Terms of Service will apply to you. Your continued use of the Artist Directory will be considered your acceptance of the revised Terms and Conditions.
1. You warrant that you are a current member in good standing and/or a current exhibiting gallery artist and/or an artist currently teaching at PoMoArts.
2. You warrant that the Artist Directory is a community initiative provided by the Port Moody Arts Centre Society to help its members, teachers and exhibiting artists promote their artistic work and practices only, free of charge. You further warrant that you have no rights to be included in the Artist Directory and may only do so at the sole discretion of the Port Moody Arts Centre Society.
3. You warrant that your Account and Artist Profile will be valid only for the duration of your membership term and/or exhibition term and/or teaching term.
4. You warrant that the Port Moody Arts Centre Society is not an agent of any kind, representing you or any of the artists listed in the Artist Directory in any business dealings, sale of products, booking for exhibits or shows, or communication with any member of the public.
5. You warrant that you are solely responsible for your Account and Artist Profile and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission.
6. You warrant that the content you provide or link to, including content provided or linked to by any person that you give editing rights to, whether expressed in English or in another language:
- Is your original work and does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Shall not violate any law or statue, ordinance or regulation;
- Shall not be defamatory, trade libellous, unlawfully threatening or unlawfully harassing;
- Shall not incite violence, hate or discrimination towards any group;
- Shall not be obscene or contain child pornography or be otherwise pornographic or indecent;
- Shall not create a liability for the Port Moody Arts Center Society in anyway, including for our business, reputation, standing in the community, the services of our ISP suppliers, or be contrary to our mission or organizational values.
7. You agree to maintain and update all the information on your Artist Profile including all content and links, to keep it current, complete and accurate.
8. You agree that all the content you provide or link to, including content provided or linked to by any person that you give editing rights to, including contact information, will be published online as part of your public profile.
9. You agree that it is your sole responsibility to ensure that any content or links including original work that you chose to include in your Artist Profile, including content provided or linked to by any person that you give editing rights to is properly watermarked and/or of a low enough resolution and/or otherwise appropriately prepared, to prevent duplication or theft.
10. You warrant that the content you provide or link to, including content provided or linked to by any person that you give editing rights to, shall not contain any viruses, Trojan horses, worms, timebombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
11. You agree not to take any action which imposes an unreasonable or disproportionately large load on our infrastructure.
12. You agree not to use the Artist Directory in any way that could damage the website, the services, the general business or reputation of the Port Moody Arts Centre Society.
13. You agree to immediately notify us of any unauthorized use of your Account, any service or product promoted through your Account or links in your Account or any password related to your Account, or any breach or apparent breach of security with respect to your Account or any service provided though it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account,
14. Until the Port Moody Arts Centre Society is notified in writing of a breach in security, you will remain liable for any unauthorized use of the Artist Directory through your account.
15. You agree that we may need to interrupt your access to your Account, your Artist Profile and the Artist Directory for maintenance or emergency services on a scheduled or unscheduled basis.
16. You hold the Port Moody Arts Centre Society clear from and not responsible for any copyright infringement which occurs from whatever content you provide or link to, including content provided or linked to by any person that you give editing rights to, whether expressed in English or in another language, on your Artist Profile.
17. You hold the Port Moody Arts Centre Society clear from and not responsible for any duplication or theft of any content or links including original work that you chose to include in your Artist Profile, including content provided or linked to by any person that you give editing rights to.
18. You agree that, that from time to time, solely at the discretion of the Port Moody Arts Centre Society, we may ask you to remove some or all of your content or links if we believe such content is inappropriate. You agree that if we ask you to remove your content and or links and you fail to do so promptly, we at our sole discretion may chose to (a) remove such ourselves, or (b) suspend your account indefinitely or (c) terminate your account permanently.
19. You agree to defend and indemnify the Port Moody Arts Centre Society and any of it’s affiliates and hold us harmless from and against any and all claims, demands, damages, costs, expenses, including reasonable attorney’s fees, arising from or related to your use of the Artist Directory, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense if we wish to do so.
20. You agree that the Port Moody Arts Centre Society may, in our sole discretion, suspend or terminate your Artist Profile and your use of your Account, effective at any time, without notice to you, for any reason, including but not limited to, because the operation or efficiency of the website or any of our third party’s equipment or network is impaired by your use of the Artist Directory, we have received a third party complaint which relates to your use or misuse of the Artist Directory, we are unable to verify or authenticate any information you provide to us, we believe you may create a liability for us in anyway including for our business, reputation and standing in the community, because we in our sole discretion believe your content is inappropriate for our website, you have been or are in breach of any terms or conditions.
21. The Port Moody Arts Centre Society may terminate your Account and Artist Profile, if we decide, in our sole discretion, to discontinue offering the Artist Directory.
22. Following termination, we may remove some or all of your content from our servers or elect to retain it, at our sole option.
23. This agreement shall be governed in accordance with the laws of the Province of British Columbia, without giving effect to any principles of conflicts of law. If any provision of this agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.