1. Agreement and General Terms of Use
1.1 This User Agreement constitutes
the agreement between Mike & Tonja Dausend ("ridingart.com")
and you as a user who accesses or establishes a
connection ("user," "you," or "your") to the world wide
web site known as ridingart.com ("Site"), which is owned
and controlled by ridingart.com.
1.2 You must agree to abide by all
of the provisions in this Agreement in order to remain
an authorized user of the Site and your use of the Site
constitutes your agreement to abide by those provisions.
You are solely responsible for your use of the Site and
for ensuring that your use complies fully with the
provisions of this Agreement.
1.3 ridingart.com reserves the
right, in its sole discretion, to change any or all of
the provisions of this Agreement at any time.
ridingart.com will notify users of any changes by
posting them on the Site or through other reasonable
means of providing notice. Any changes to this Agreement
will be effective immediately upon notice to you. Your
use of the Site after notice of changes to this
Agreement will be deemed your acceptance of the changes.
1.4 ridingart.com reserves the
right, in its sole discretion, to change, limit, or
discontinue any aspect, content, or feature of the Site,
as well as any aspect pertaining to the use of the Site.
1.5 IF YOU DO NOT AGREE TO THE
PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH
THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO
DISCONTINUE YOUR USE OF THE SITE.
2. User Activities and Information on the Site
2.1 You will use the Site and any
content, material, or information found on the Site
solely for lawful, non-commercial purposes. You shall
not upload to, distribute to, or otherwise disseminate
through the Site any material or information of any kind
that is libelous, defamatory, obscene, pornographic,
abusive, or otherwise violates any law or infringes or
violates any rights of any other person or entity, or
contains a solicitation of funds, advertising, or a
solicitation for goods or services.
2.2 You warrant that any material or
information that you make available through the Site,
including, for example, postings to chat areas and
forums, is solely your original work, or that you have
all necessary rights to make the material or information
of any other person or entity available on the Site. You
will be solely responsible for the content of any
material or information that you make available through
the Site. You will also be liable for any damage
resulting from making any material or information
available through the Site.
2.3 By making any material or
information available through the Site, you
automatically grant to ridingart.com a worldwide,
royalty-free, perpetual, irrevocable, and non-exclusive
right and license to use, reproduce, modify, adapt,
publish, translate, distribute and sublicense any such
material or information (in whole or in part) and/or to
incorporate it in other works regardless of form, media,
or technology. By making any material or information
available through the Site, you also grant to users
other than yourself the right and license to access,
view, store, or reproduce your material and information
for that user's personal use.
2.4 ridingart.com has no obligation
to, and does not and cannot, review every item of
material or information that you and users other than
yourself made available through the Site, and
ridingart.com is not responsible for any content of this
material or information. However, ridingart.com reserves
the right to delete, move, or edit any material or
information that it deems, in its sole discretion,
unacceptable, libelous, defamatory, obscene,
pornographic, abusive, or otherwise in violation of any
law or that infringes or violates any rights of any
other person or entity. Further, ridingart.com reserves
the right at all times to disclose any material or
information as necessary to satisfy any law, regulation,
or governmental request.
2.5 ridingart.com reserves the right
to collect, use, and distribute demographic data about
you and your use of the Site in forms that do not
identify you individually or reveal your identity.
3. Rights in Site Content and the Site
3.1 All content provided by
ridingart.com on the Site is protected by copyright,
trademark, and other applicable intellectual property
and proprietary rights laws and is owned, controlled,
and/or licensed by ridingart.com. The Site is protected
by copyright, patent, trademark, and other applicable
intellectual property and proprietary rights laws and is
owned, controlled, and/or licensed by ridingart.com.
3.2 You will not modify, publish,
transmit, participate in the transfer or sale, create
derivative works, or in any way exploit, any of the
content, in whole or in part, found on the Site. You
will download copyrighted content solely for your
personal use, but will make no other use of the content
without the express written permission of ridingart.com
and the copyright owner. You will not make any changes
to any content that you are permitted to download under
this Agreement, and in particular you will not delete or
alter any proprietary rights or attribution notices in
any content. You agree that you do not acquire any
ownership rights in any downloaded content.
3.3 Journalistic quotations from the
Site must include the copyright notice ("©
2005 Tonja Dausend") and the Sites URL ("www.ridingart.com").
4. Disclaimer of Warranties & Limitation of
Liability
4.1 YOU EXPRESSLY AGREE THAT USE OF
THE SITE IS AT YOUR SOLE RISK. NEITHER ridingart.com,
NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE
SITE WILL BE UNINTERUPTED OR ERROR FREE. NOR DO THEY
MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SITE, OR AS TO THE ACCURACY,
RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT,
INFORMATION, MATERIAL, POSTINGS, OR POSTING RESPONSES
FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED
THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE
AVAILABLE ON THE SITE.
4.2 THE SITE AND ALL CONTENT,
MATERIAL, INFORMATION, POSTINGS, OR POSTING RESPONSES
FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE.
4.3 UNDER NO CIRCUMSTANCES,
INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL
ridingart.com (OR ANY OF ITS PARENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO
USE, ANY CONTENT, INFORMATION, MATERIAL, POSTINGS, OR
POSTING RESPONSES ON THE SITE OR THE SITE ITSELF. THESE
LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE
OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO
KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH
DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT
ridingart.com (AND ANY OF ITS PARENTS, SUBSIDIARIES,
AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT
PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER,
INCLUDING YOU.
5. Indemnification
You agree to defend, indemnify and hold harmless
ridingart.com (and any of its parents, subsidiaries,
affiliates, employees, agents, third party content
providers, or licensors, and their respective directors,
officers, employees, and agents) from and against all
claims, liability, and expenses, including attorneys'
fees and legal fees and costs, arising out of your use
of the Site or your breach of any provision of this
Agreement. ridingart.com reserves the right, in its sole
discretion and at its own expense, to assume the
exclusive defense and control of any matter otherwise
subject to indemnification by you. You will cooperate as
fully as reasonably required in the defense of any
claim.
6. Fees and Payments
ridingart.com reserves the right, in its sole
discretion, at any time to charge fees for access to and
use of the Site, or any portions of the Site. If
ridingart.com elects to charge fees, it will post notice
on the Site of all provisions pertaining to fees and
payments.
7. Notices between Us
You will contact us by submitting your message via
e-mail. We will contact you by sending
electronic mail to the address you provide to us, or by
posting a notice on the Site.
8. Termination
ridingart.com may terminate this Agreement and your
use of the Site at any time. ridingart.com shall have
the right immediately to terminate your use of the Site
in the event of any conduct by you which ridingart.com,
in its sole discretion, considers to be unacceptable, or
in the event of any breach by you of this Agreement.
9. Law Governing Performance and Disputes
This Agreement, your performance under it, and any
disputes arising under it shall be governed exclusively
by the laws of the United States of America and the
State of California, without giving effect to their
conflict of laws principles. You expressly consent to
the exclusive forum, jurisdiction, and venue of the
Courts of the State of California and the United States
District Court for the Eastern District of California in
any and all actions, disputes, or controversies relating
to this Agreement.
10. General Terms
This Agreement and any posted rules on the Site
established by ridingart.com constitute the entire
agreement of the parties with respect to the subject
matter hereof. No waiver by either ridingart.com or you
of any breach or default under this Agreement shall be
deemed to be a waiver of any preceding or subsequent
breach or default. This Agreement shall be binding upon
and inure to the benefit of ridingart.com and its
successors, trustees, and permitted assigns.
ridingart.com may assign this Agreement, or any of its
rights or obligations under this Agreement, with or
without notice to you. |