ArtVorkz Terms Of Service

ArtVorkz is the image hosting wing of the GFX-Underground group of web services. It is fully owned and managed by The GFX-Underground.

ArtVorkz reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLS.

ArtVorkz is still in BETA, so image-related, or page-related errors are liable to occur. ArtVorkz is not to be held responsible for such errors, or any damages caused to the machine, or any features of the machine(software or hardware). Please report such errors at once in this board :

http://gfx-underground.com/tmp/index.php?board=61.0

COPYRIGHT NOTICE : The entire ArtVorkz has been custom designed and scripted. The scripting has been done by Mr. Chinmay Murnajan, India, and the designing has been done by Mr. Mohan K. Pillai, India. Selling/Modfiying/Copying/Reproducing of ANY content in this site is PROHIBITED, unless with the prior permission of the concerned persons mentioned above, AND the operators of GFX-Underground. The content mentioned above may include, but is not limited to, the code used, the applets used, the Flash web content used, the images used, the layout used, and the names used.

1. The following types of files may not be uploaded under any circumstances:

• Files that are pedophiliac. This includes, but is not limited to, persons under the age of 18 either posing as "models" or taking part in otherwise sexually implicit or explicit situations.
• Images depicting bestiality. This includes, but is not limited to, images depicting, humans, under or above the age of 18, in sexually implicit or explicit situations with animals.
• Files that are illegal and/or are in violation of any international laws pertaining to digital content usage.
• Files that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as files for which user lacks usage and/or distribution permissions.
• Files that are not of the allowed filetypes. This includes archived non-image files.

Uploading any type of the above-mentioned files will result in banning of the image, and perhaps even the member concerned. In extreme situations, even legal action can be taken against the member concerned.

2. Privacy
GFX-Underground WILL NOT release any personal information of a member, which he/she gave while signing up. The information collected during sign up is for verifying the authencity of the individual. This information will not be sold, or used, in any way.

3. Legal Policy
Ignorance of these Terms of Service will not be considered a justification for non-applicability of said Terms of Service. These Terms of Service are subject to change without notice. ArtVorkz directs full legal responsibility of the contents of the files that are uploaded to ArtVorkz to individual users.

All files are © to their respective owners. All other content © GFX-Underground. ArtVorkzis not responsible for the content any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.

Except where diligently implied, absolutely NO part of ArtVorkz may be reproduced or recreated without explicit written permission by operators of GFX-Underground, the code designer of ArtVorkz, and graphics designer or ArtVorkz.

4. Limitation of Liability
User agrees that the use of ArtVorkz's services is entirely at User's own risk. ArtVorkz's services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

ArtVorkz makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of ArtVorkz's services. In no event shall ArtVorkz be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use ArtVorkz's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

5. Indemnity
User agrees to indemnify and hold ArtVorkz harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of User's Files or use of any other feature or service. This expressly includes:

• User's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights.
• Any defamatory or unlawful material contained within User's Files.

6. Downtime
ArtVorkz may perform maintenance services as ArtVorkz determines reasonably necessary. User acknowledges that such maintenance may require downtime. ArtVorkz will attempt to provide prior notice of the maintenance downtime, except in the case that circumstances beyond ArtVorkz's control limit the ability to do so.