The following Terms and Conditions, apply when you use the services of this website (www.tripoart.com). Please review the following terms carefully. By accessing or using our services, you signify your agreement to these Terms and Conditions. If you do not agree to these Terms, you may not use any of our services. You are also advised to check these Terms and Conditions from time to time. Using our services means that you have read, understood and accept these Terms and Conditions.
You need to be at least 16 years old to register for and use the services of Tripoart, and are otherwise capable of forming legally binding contracts under applicable law.
Certain access to this website requires you to register first. As part of the registration process, you will select a password. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to enter any of our sites under the name of another person. You will be responsible for preserving the confidentiality of your password and for all actions of persons accessing any of our sites through any password assigned to you. You will notify us immediately of any known or suspected unauthorized use of your account.
The use of this website is conditioned upon the following Conduct Restrictions: You agree that you will not under any circumstances:
post any information that is abusive, threatening, obscene, defamatory, libellous, or racially, sexually, religiously, or otherwise objectionable and offensive;
use the service for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user’s account without permission;
provide false or inaccurate information when registering an account;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data
publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
FORUM AND CONDUCT RESTRICTIONS
Registration with us will enable you to post and upload certain materials (“User Content”). You agree that you are solely responsible for the User Content that you post, upload, link to or otherwise make available through our services. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right to remove any User Content from the forum in our sole discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not post information that is malicious, false or inaccurate;
You will not submit any content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your User Content. We do not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
USER CONTENT REVIEW POSTINGS
We have no obligation to and do not in its normal course, pre-screen, monitor or review all the content posted by you and other users. We do not exert editorial control over all posts of services. We reserve the right to pre-screen, monitor and/or review all services and suspend access to our website may we deem appropriate.
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by us, are owned by their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not guarantee the accuracy, completeness, or usefulness of any information posted in the forum and we do not endorse, nor are we responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than by us. We take responsibility and assume no liability for any User Content that you or any other user or third party posts in the forum. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the forum, or transmitted to users.
Tripoart are not parties to, have no involvement or interest in, make no representations or warranties as to, and have no responsibility or liability with respect to any communications, interactions, transactions, sales of art through this website. You must conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due diligence with respect to your interactions with others.
You hereby agree to indemnify and Tripoart harmless from and against any third-party claim, cause of action, demand or damages related to or arising out of your interactions and transactions with others from this website.
Members are not allowed to sell mass-produced items, only Tripoart can, but members can sell digital downloads EG: e-books. Tripoart has right to remove members products from store.
By posting any User Content on this website, you expressly grant, and you represent and warrant that you have a right to grant, to us a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. We reserve all rights that are not expressly granted to you under this Agreement.
OUR SERVICES IS HEREBY PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED THROUGH OUR SERVICES.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIPOART, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORSOR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH TRIPOART OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TRIPOART HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
We may change and amend these terms and conditions at any time and will post such changes on our website. It is your sole responsibility to check these terms and conditions from time to time to view any such changes in the Agreement. If you continue to use this website, you signify your agreement to our revisions to these Terms and Conditions. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Tripoart’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Tripoart. No purported waiver or modification of this Agreement by us via telephonic or email communications shall be valid.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of us to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
These Terms and Conditions are governed by the laws of the United States, without regard to conflict of law provisions. If any provision of this Agreement is adjudged by a court to be void or unenforceable such provision shall no way affect any other provision of this Agreement, the application of the provision in any other circumstances or the validity or enforceability of this Agreement and such provision shall be curtailed and limited only to the extent necessary to bring it within legal requirement.