Please read the following document carefully as it contains the legal terms and conditions that govern your use of the service provided by Exhibtr Ltd (‘Exhibtr’) on the website www.exhibtr.com (the ‘Site’).
Exhibtr provides its services subject to the following Terms of Service (‘TOS’). We reserve the right to amend these terms from time to time and the revised terms will be published on the Site. If you (‘The user’) do not agree with these terms, your sole remedy is to discontinue using the service and site.
By using the service you agree to be bound by these terms. If you choose to register as a member, you will be asked to confirm that you have read and agree to be bound by these Terms of Service (TOS).
1. Description and Availability
Exhibtr provides users access to its full collection of on line resources including but not limited to literature, artwork, photography and video. The service is provided by Exhibtr on an ‘As Is’ basis. Exhibtr assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or settings. Exhibtr reserves the right to suspend or discontinue the service at any time and without notice and you agree that Exhibtr is not liable to you for any change, suspension, discontinuance or modification of the service.
2. Copyright and Violations
Exhibtr does not claim ownership rights to user content. However to allow Exhibtr to make content available through the service, users grant Exhibtr non-exclusive, royalty-free license to reproduce, distribute and publicly display their content.
Exhibtr is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to Exhibtr are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law.
You may not reproduce, distribute, publicly display, or prepare derivative works based on any of the Content including any such works without the express, written consent of Exhibtr or the appropriate owner of copyright in such works. Exhibtr does not claim ownership rights in your works or other materials posted by you on the site.
You agree not to distribute any part of the service other than, your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by Exhibtr. You agree not to alter or modify any part of the Service unless expressly permitted to do so by Exhibtr or by use of functions on the Service provided by Exhibtr.
Where appropriate Exhibtr will remove Content submitted to the Site, terminate the accounts of users and prevent access to the Site by users who infringe the intellectual property rights of others.
Any infringements of copyright should be reported immediately to email@example.com. Clearly identify the infringed work, your contact details and a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Additionally provide a statement that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All brand, product and service names used on the site which identify Exhibtr or third parties and their products and services are propriety marks of Exhibtr or the relevant third party. Nothing in this service will be deemed to confer on any person any license or right on the part of Exhibtr or any 3rd party with respect to any image logo or name.
5. Software and 3rd Party Websites
Exhibtr makes third party software available through its site. Under no circumstances will Exhibtr be liable for claims or damages whether direct or indirect, arising from or related to any third-party software downloaded through the site. In using third party software you agree to the terms and conditions of the third party provider on an ‘as is’ basis without warranty of any kind.
When using any 3rd party websites provided through the service you agree that Exhibtr is not liable for the accuracy, content, products and services from such websites. Links to 3rd party websites does not imply any endorsement by Exhibtr. You acknowledge and assume all risk arising from your use of such websites and resources.
6. External Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Exhibtr has no control over such sites and resources, so you acknowledge and agree that Exhibtr 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 Exhibtr 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.
You agree to indemnify and hold Exhibtr and its subsidiaries, affiliates, officers, agents, co-branders and other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post to or transmit through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
You acknowledge that all information, text, music, sound, photographs, graphics, video, messages and 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 Exhibtr are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service. Exhibtr does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You acknowledge that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Exhibtr be liable in any way for any Content, including, but not limited to, 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 agree to conduct yourself in accordance with the Exhibtr Behavior Policy.
You agree not to use the service to:
- Harm minors in any way.
- Upload, email, post or otherwise transmit any Content that is unlawful, harmful, threatening, blasphemous, abusive, harassing, tortuous, defamatory, offensive, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Stalk or otherwise harass another, which includes the collection, processing and storing of personal data of other users.
- Upload, email, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or facilitate the unlawful distribution of copyrighted or illegal content.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service.
- Upload, email, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements.
- Impersonate any person or entity, including, but not limited to, an Exhibtr employee, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, email, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
- Upload, email, post or otherwise transmit any material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or allow unauthorised access to the service which may cause any defect, error, malfunction or corruption to the service.
- Interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service.
You acknowledge and agree that:
- Exhibtr has no obligation to monitor Content. Exhibtr Ltd and its designees shall have the right, but not the obligation, in their sole discretion to refuse, move or remove any Content that is available via the Services that violates the TOS. 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.
- Exhibtr may access, preserve, and disclose your account information and Content:
- to companies worldwide for the purpose of providing the Content to you in an efficient manner;
- for the purpose of properly administering your account
- if required to do so by law or in the good faith belief that any such access, preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third-parties;
- respond to your requests for customer service; or
- protect the rights, property, or personal safety of Exhibtr, its users and the public.
- The technical processing and transmission of the Services, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Exhibtr reserves the right to terminate your access to some or all parts of its Services if you withdraw your consent to this paragraph at any time.
9. Limitation of Liability
EXHIBTR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. EXHIBTR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. EXHIBTR MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT EXHIBTR IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, EXHIBTR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF EXHIBTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL EXHIBTR AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO EXHIBTR PURSUANT TO THIS AGREEMENT.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
These terms constitute the entire agreement between Exhibtr and you with respect to the service. Should any legal process determine one or more of the conditions contained in these terms invalid, you accept the remainder of the terms as valid and enforceable. Any failure by Exhibtr to enforce any of the rights or provisions in these terms will not constitute a waiver to such right or provision. Any disputes arising in connection with the terms shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.
11. Registration and Passwords
To register as a member of the service, you must be 16 years or age or older. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account.
You acknowledge and agree that:
- You will not provide any false personal information to Exhibtr through the service.
- Create an account for anyone other than yourself.
- If we disable your account, you will not create another one without our permission.
- You will keep your contact information accurate and up-to-date.
- You will not share your password or let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account to anyone.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate.
12. Suspension and Termination of Membership
Exhibtr may at any time, and without notice, terminate your membership and delete any content stored on the exhibtr site if it believes you have failed to comply with these TOS or any applicable law.
13. Content Storage
Exhibtr provides free online content storage for registered members of the Service. However, you acknowledge and agree that Exhibtr will establish limits concerning your use of the Service, including without limitation the time that Your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service and the maximum disk space that will be allotted to you for the storage of Content on Exhibtr’s servers.
Free users will be allocated 100 Mbytes of storage per month on the site, for Premium user will relate to 2.5 GBytes per month.
You acknowledge and agree that Exhibtr reserves the right to terminate or suspend accounts that are inactive. Exhibtr shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. Exhibtr reserves the right to modify its storage policies from time to time, with or without notice to you.
14. Commercial Activity
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than Exhibtr. Commercial activities with respect to the arts are permitted for registered members acting as individuals, small to medium size businesses or partnerships in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without Exhibtr’s written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 8, above, of these Terms of Service specifically applies with respect to commercial activities.
Any communications regarding the service or these TOS should be sent by email to firstname.lastname@example.org