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The Effective Date of these Terms and Conditions of Use is July 7th, 2009. Please read the following sections carefully as they contain the Terms and Conditions of Use that will govern the use of the http://visualliteracyprogram.comwebsite (the “Site”). Additionally, you should review the Site's Privacy Policy. Inquiries or concerns regarding these Terms and Conditions of Use or the Site's Privacy Policy may be sent by any of the following: via e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it , or by mail to: Visual Literacy Program The Site is owned and operated by The Illustration Academy, Inc., a Missouri corporation. This Agreement is between you (“you” or “user”) and The Illustration Academy, Inc. (“Illustration Academy” or “We”). These Terms and Conditions of Use constitute a legally binding agreement (the “Terms and Conditions of Use” or “Agreement”) between you and Illustration Academy. It is your responsibility to carefully read these Terms and Conditions of Use before using the Site. Use of the Site will be considered acceptance of these Terms and Conditions of Use. You are responsible for being familiar with the current version of these Terms and Conditions posted on the Site during each session.
SUBSCRIPTION AND REGISTRATION You are required to subscribe to and register with the Site in order to access the Site. The terms of your subscription are contained in the Subscription Agreement. You will choose a user name and a password through the Site’s subscription and registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected. You must be at least 13 years of age to use and/or register on the Site. If you are between the ages of 13 and 18 you may use and register on the Site with the consent and involvement of parent or legal guardian. By registering on the Site, you assert that you are over 18 years of age or that, as a parent or guardian, you agree to these Terms and Conditions of Use and our Privacy Policy and authorize your child who is between the age of 13 and 18 to use this Site subject to your responsibility for their conduct. You also assert that all information you provide is true and accurate to the best of your knowledge. You agree not to submit false or misleading information such as age, name, address, e-mail, phone number, or payment information when subscribing and registering on the Site. By registering with the Site, you consent to receive periodic communication from Illustration Academy or its affiliates by e-mail regarding the status of your account, other information associated with your account or your use of the Site, or any other information Illustration Academy determines in its sole discretion may be of interest to you. INTELLECTUAL PROPERTY The works of authorship contained in the Site, including but not limited to all design, text, sound recordings, works of art, and images, are owned, except as otherwise expressly stated, by Illustration Academy or its licensors. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of Illustration Academy's or its licensor’s intellectual property rights. Except as otherwise expressly stated herein, the contents may not be copied, transmitted, displayed, performed, distributed (for compensation or otherwise), licensed, altered, framed, stored for subsequent use, or otherwise used in whole or in part in any manner without the owner's prior written consent. You understand that all postings, messages, information, data, text, files, images, photos, images, pictures, graphics, audio and video clips or other materials posted on, transmitted through, or linked on the Site (collectively, the “Content”), are the sole responsibility of the person from whom the Content originated. By posting or submitting any Content you are representing and warranting that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. By posting or submitting any Content you represent that the Content you post does not infringe on any third party intellectual property rights, including the trademarks or copyrights of others. Illustration Academy reserves the right to remove any posted or submitted Content from the Site at its sole discretion. Illustration Academy does not claim ownership of Content you submit to the Site; however, by posting or submitting Content to the Site, you grant Illustration Academy a perpetual, irrevocable, worldwide, royalty free license to use your material, including without limitation, the license right to: use, copy, or display the material in whole or in part on the Site and on any of Illustrations Academy's marketing materials. Illustration Academy will provide attribution for any submitted contents used or displayed on the Site or its marketing materials. By posting or submitting Content to the Site, you are also agreeing to have the Content considered as part of the Site's monthly contest. RIGHT TO REMOVE Illustration Academy reserves the right not to post any posted data or submitted materials, or to remove any posted data or submitted materials, from the Site without notice to a User and without liability to Illustration Academy at its sole discretion. User hereby releases Illustration Academy from any claims or allegations that may result from such removal. USE OF THE SITE AND PROHIBITED ACTIVITIES The contents and features of the Site are for personal, non-commercial use only. User accesses, uses, and relies upon such content at User's own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on this Site. Use of the Site may be monitored, tracked and recorded. Anyone using this Site expressly consents to such monitoring, tracking and recording. You are strictly prohibited from unauthorized use of our systems or the Site, including but not limited to unauthorized entry into our systems, misuse of passwords, or misuse of any information posted to this Site. You agree to keep confidential all user ID information and passwords issued or designated in connection with the Site, and to use such user information and passwords only for lawful purposes. You agree that (i) you will not engage in any activities related to this Site that are contrary to applicable state or federal law, regulation or the terms of any agreements you have with us, and (ii) in circumstances where locations of this Site require identification for access, you will establish commercially reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals. You agree that you will not use any robot, spider, other automatic device or manual process to monitor or copy our web pages, data or the content contained herein, to communicate with others, or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not upload any content to the Site which is unlawful or libelous, or which is, or which may reasonably be construed to be, harmful, offensive, fraudulent, threatening, untrue, malicious, harassing or obscene. You agree that you will not use the Site, nor permit others to use the Site, for commercial purposes unrelated to the business of Illustration Academy, nor to harass, threaten, track or stalk third parties. LIMITATION OF LIABILITY BECAUSE OF THE POSSIBILITY OF HUMAN AND MECHANICAL ERROR AS WELL AS OTHER FACTORS, THE SITE (INCLUDING ALL INFORMATION AND MATERIALS CONTAINED ON THE SITE) IS PROVIDED "AS IS" AND "AS AVAILABLE". WE, OUR AFFILIATES, AND ANY THIRD PARTY PROVIDERS:
NO LICENSE TO THE USER IS IMPLIED IN THESE DISCLAIMERS. NOTHING HEREIN SHALL BE CONSTRUED AS LIMITING OR REDUCING OUR RESPONSIBILITIES AND OBLIGATIONS TO CLIENTS IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE (i) FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTIES WHOSE PRODUCTS AND/OR SERVICES ARE ADVERTISED AND/OR SOLD VIA THE SITE OR VIA THE SITE OF AN AFFILIATED VENDOR; OR (ii) FOR ANY LOST PROFITS, LOST OPPORTUNITIES OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF ANY USE OF OR INABILITY TO USE THE SITE OR ANY PORTION THEREOF, OR THE PURCHASE OF PRODUCTS OR SERVICES ADVERTISED OR SOLD VIA THE SITE OR VIA THE SITE OF AN AFFILIATED VENDOR, REGARDLESS OF WHETHER WE HAVE BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE.
INDEMNITY User hereby agrees to, at its own expense, indemnify, defend and hold harmless Illustration Academy and its affiliates, agents, employees, directors, shareholders and contractors (the “Indemnified Parties”) from and against any loss, cost, or damages, liability and/or expense arising out of or relating to (a) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by User, (b) any fraud, manipulation, or other breach of this Agreement by User, or (c) any third-party claim, action or allegation brought against an Indemnified Party arising out of or relating to a dispute between one or more Users. GENERAL TERMS This Agreement is severable; therefore, if any term or provision in the Agreement is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Agreement in its entirety, and the remainder of this Agreement shall survive with the said offending provision eliminated.The user's access to and use of the Site, and the terms of this disclaimer are governed by the laws of the State of Missouri. COPYRIGHT COMPLAINTS Illustration Academy respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Illustration Academy's copyright agent with the following information.
Illustration Academy's copyright agent for notice of claims of copyright infringement on its site can be reached as follows: Email:
This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Mail: Visual Literacy Program
MODIFICATION OF THE TERMS OF USE Illustration Academy reserves the right to modify these Terms and Conditions of Use at any time at its sole discretion. Each time that you access the Site, you will have been deemed to accept the Terms and Conditions of Use. |