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.