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www.soloarte.com
("the Website") is owned and operated by Soloarte.
If you would like to know more about the wide range of products of Soloarte, please visit www.Soloarte.com.
TERMS OF SERVICE
Please read the following Terms of Service carefully ("Terms"). This Agreement
sets forth the terms and conditions that apply to the use of this Website
by the user. Any use of this Website including member registration shall
be in accordance with these Terms and by agreement the user shall bear
the responsibility for his/her actions. If users do not agree with these
Terms, the use of this Website is prohibited.
As part of the Company's on-going commitment to its site visitors and
members, the Company welcomes any comments on the Terms, which should
be directed to webmaster@Soloarte.com.
1.
Changes in Terms and Conditions
The Company has the right to change or discontinue any aspect or feature
of the Website including, but not limited to, content, hours of availability,
and equipment needed for access or use, at any time. The Company has the
right to change or modify the terms and conditions applicable to the user's
use of the Website or any part thereof, or to impose new conditions, including,
but not limited to, adding fees and charges for use at any time. Such
changes, modifications, additions or deletions shall be effective immediately
upon notice thereof, which may be given by means including, but not limited
to, posting on Website, or by electronic or conventional mail, or by any
other means by which the user obtains notice thereof. Any use of the Website
by the user subsequent to such notice shall be deemed to constitute acceptance
by the user of such changes, modifications or additions.
2. Privacy policy,
registration information and termination of service
i. In order to enjoy the full privileges of membership, users will
be required to provide the Company with personal information, including
some mandatory information. If the user does not provide such information
the user will be unable to access a number of the Website features.
ii. Once registered as member, the Company reserves the right (with
the registrant's deemed consent) to share any of the registered details
with any of its business partners.
iii. Members must notify the Company immediately of any change
to personal details by amending their details online in the membership
section on the Website. Users can unsubscribe by sending an email to webmaster@Soloarte.com
and, as soon as is possible, the Company will remove personal details
from the direct marketing database. The Company confirms that user's personal
information will be dealt with according to the applicable Data Protection
legislation and personal information shall only transmitted to third parties
with the user's consent.
iv. Users hereby agree to the Company assigning, or otherwise transferring
personal data in connection with a sale, joint venture or a portion of
the Company's or its affiliates assets.
v. The Company shall, at all times, reserve the right immediately
to terminate service to any user who has provided false or misleading
information or has in any other way breached these Terms.
vi. The Company uses IP addresses to analyse trends, assist with
administration of the site, track users' movements and gather information.
However, IP addresses are not linked to personal information.
vii. The Company uses "cookies" on this Website, which are a means
of storing information about a user on the user's hard drive in which
the Company can improve upon and personalise the privileges of membership.
However, the use of "cookies" by the Company and its business partners
is not within the Company's control and the Company has no access to these
"cookies" in respect of the use or misuse of "cookies" by any such third
parties shall lie with the third party and not with the Company.
3.
Email messages & Chat forums - Content, storage and promotional messages
i. The Company supports the free flow of information and ideas
over the Internet and does not actively monitor use of its chat forums
or the content of email messages. Similarly, the Company does not exercise
editorial control over the content of any Website, electronic mail transfer,
news group, bulletin board, chat line or other material created or accessible
over or through the Website. Users are responsible for the content of
email messages and shall bear consequences of any such messages. The Company
reserves the right, where applicable, to terminate when it becomes aware
that a user has sent or posted on message boards an unlawful message,
or any message which is defamatory, threatening, profane, racially, offensive,
obscene or is otherwise objectionable. The Company reserves the right,
at its absolute discretion to withdraw such material. Users shall not
post or otherwise make available on the site any material, which is not
owned by the user without the consent of the owner of the material.
ii. The Company shall assume no responsibility for the deletion
of or failure to store email messages.
iii. From time to time, the Company or its business partners may
send email messages to registered users containing advertisements. The
Company makes no warranty or representation as to the content of such
messages or in relation to any goods or services, which may be received,
from third parties. All users agree that the Company shall not have any
liability with respect thereto.
iv. When using the Chat Rooms, users shall be responsible for keeping
their identity private and are encouraged to protect their name, or any
contact details, which could reveal their identity. It shall be the user's
responsibility not to reply to any messages, which are inappropriate,
rude or hostile, and users are encouraged to inform the Company of any
such messages.
v. The following constitutes a misuse of the services offered by
the Company:
- Using the services
for any improper, unlawful or immoral purpose, causing any nuisance
by the use of the services.
- Using the services
to create, host or transmit (whether in a live chat, on a bulletin board
or otherwise) any defamatory, obscene material or engaging in activities
which would cause offence to others on grounds of race, creed or sex.
- Using the services
to harm or attempt to harm minors in any way.
- Using the services
to transmit any material that threatens or encourages bodily harm or
the destruction of property.
- Using the services
to create, host or transmit material, which is protected by intellectual
property laws (or rights of privacy of publicity) unless the user owns
or controls the rights thereto and has received all necessary consents.
- Using the services
to transmit unsolicited advertising material to other users.
- Using the services
to transmit any material that harasses another.
- Using the services
to make a fraudulent offers to sell or buy products.
Adding, removing or modifying identifying network header information
in an effort to deceive or mislead.
- Using the services
to access or attempt to access the accounts of others or to attempt
to penetrate security measures of other entities' computer software,
hardware, electronic communication system or telecommunication system.
- Using the services
for any activity, which adversely affects the ability of other people
to use and enjoy the services.
4.1 Lawful Use
The user shall use Website for lawful purposes only. The user shall
not post or transmit through the Website any material:
i. that violates or infringes in any way upon the rights of others;
ii. which is unlawful, threatening, abusive, defamatory, invasive
of privacy or publicity rights , vulgar, obscene, profane or otherwise
objectionable ; encourages conduct that would constitute criminal offence,
give rise to civil liability or otherwise violate any law;
iii. Contains advertising or any solicitation with respect to products
or services, unless the Company shall have expressly approved such material
in advance of its transmission.
iv. Any conduct by a user in the Company's discretion restricts
or inhibits any other user using or enjoying the Website is expressly
prohibited.
4.2 Downloading
of Intellectual Property
This Website contains copyrighted materials, trademarks and other proprietary
information, including but not limited to, text, software, photos, videos,
graphics, music, and sound, some of which is owned by the Company and
some of which is owned by third parties. Furthermore, the entire contents
of this Website are copyrighted as a collective work/compilation. The
Company owns copyright in the selection, co-ordination, arrangement, and
enhancement of such content, as well as in the content original to it.
The user may not modify, publish, transmit or participate in the transfer
or sale, create derivative works, or in any way exploit, any of the content,
in whole or in part. The user may download copyrighted material for user's
personal use only. Except as otherwise expressly permitted under copyright
law, no copying, redistribution, retransmission, publication or commercial
exploitation of downloaded material will be permitted without the express
written permission of the Company (and the copyright owner if other than
the Company). In the event of any permitted copying, redistribution or
publication of copyrighted material, no changes in or deletion of author
attribution, trademark legend or copyright notice shall be made. The user
acknowledges that it does not acquire any ownership rights by downloading
copyrighted material.
4.3 Uploading of
Intellectual Property
The user shall not upload, post or otherwise make available on the Website
any material protected by copyright, trademark, or other proprietary right,
without the express written permission of the owner of the copyright,
trademark, or other proprietary right, and the burden of determining that
any material is not protected by copyright rests with the user. The user
shall be solely liable for any damage resulting from any infringement
of copyrights, proprietary rights, or any other harm resulting from such
submission. By submitting material to any public area of the Website,
the user automatically grants, or warrants that the owner of such material
has expressly granted the Company the royalty free, perpetual, irrevocable,
non-exclusive right and licence to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide
and/or to incorporate it in other works in any form, media or technology
now known or hereafter developed for full term of any copyright that may
exist in such material. The user also permits any other user to access,
view, store or reproduce the material for that user's personal use. The
user hereby grants the Company the right to edit, copy, publish and distribute
any material made available on the Website by user.
5. Registration,
Account Login and password protection
The user expressly agrees that use of the Website is at the user's own
risk. The user shall be responsible for protecting the confidentiality
of user's password(s), if any, and shall bear the responsibility for all
uses of the registration where such use is authorised by the user. Users
must notify the Company of any unauthorised use of registration or password(s).
In the event that a password is accessible, the Company shall block access
to the account, and a new password will be emailed to the registrants
email address.
6. Disclaimers
and Limitation of Liability
i. Neither the Company, its affiliates, nor any of their respective
employees, shareholder, agents, third party content providers or licensors,
warrants that the Website service will be uninterrupted or error free;
nor do they make any warranty as to the accuracy, reliability or content
of any information, service, or merchandise provided through the Website.
ii. The Website is provided on an "as is" basis without warranties
of any kind, either express or implied, including, but limited to, warranties
of title or implied warranties of merchantability or fitness for a particular
purpose, other than those warranties which are implied by law and incapable
of exclusion, restriction or modification under the applicable law.
iii. This disclaimer of liability applies to any damages or injury
caused by any failure or performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication
line failure, theft or destruction or unauthorized access to, alteration
of, or use of record, whether for breach of contract, tortious behaviour,
negligence or under any other cause of action. The user specifically acknowledges
that the Company is not liable for the defamatory, offensive or illegal
conduct of other user or third parties and that the risk of injury from
the foregoing rests entirely with the user.
iv. In no event will the Company, or any person or entity involved
in creating, producing or distributing the Website 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 the
Website. The user hereby acknowledges that the provisions of this section
shall apply to all content on the Website.
v. In addition to the terms set forth above, neither, the Company,
nor its affiliates, information providers or content partners shall be
liable regardless of the cause or duration, for any errors, inaccuracies,
omissions, or other defects in, or untimeliness or unauthencity of, the
information contained within the Website or for any delay or interruption
in the transmission thereof to the user, or for any claims or losses arising
therefrom or occasioned thereby. None of the foregoing parties shall be
liable for any third-party claims or losses of any nature, including,
but not limited to, loss of profits, punitive or consequential damages.
7. Indemnification
The user agrees to defend, indemnify and hold harmless the Company, its
affiliates and their respective directors, officers, shareholders, employees,
agents and assigns from and against all claims and expenses, including
legal fees, arising out of the user's use of the Website.
8. Remedies for
users' breach of Terms
In the event of any breach of these Terms by a user, and without prejudice
to any other rights which the Company might have, the Company has the
right to:
i. Warn the user by email of such breach
ii. Delete any content which the Company considers to be in breach
iii. Discontinue the user's registration with the Company
iv. Proceed to the proper law enforcement authorities for further
action
v. Pursue any further action that the Company shall deem appropriate
in the circumstances
9. Equipment for
Subscriber's Use
The user shall be responsible for obtaining and maintaining all telephone,
computer hardware, and other equipment needed for access and use of the Company's Website and for any/all charges related thereto.
10. The Website
content
A portion of this Website is supplied by third parties. Any opinions,
advice, statements, services, offers or other information or content expressed
or made available by third parties, including information providers, are
those of the respective author(s) or distributor(s) and not of the Company.
Neither the Company nor any third provider guarantees the accuracy, completeness
or usefulness of any content, nor its merchantability or fitness for any
particular purpose. The Company neither endorses nor is responsible for
the accuracy or reliability of any opinion, advice or statement made on
the Website by any opinion, advice or statement made on the Website by
anyone other than employee spokespersons of the Company while acting in
their official capacities.
11. Linking and
framing
By linking to this Website, users represent that they have read and agree
to be bound by the Terms contained herein. Users further represent that
they have read and agree to be bound by the following terms:
i. Upon linking to this Website, users will be granted a non-exclusive,
non-transferable, royalty-free licence to use the Company's mark solely
for providing an underlined, textual link from the user's website to the
Company's Website. No other use of the mark or name is permitted without
express prior written permission from the Company.
ii. Without limiting the provision contained in the Terms, users
may include a link(s) on their website to the Company's Website currently
located at www.Soloarte.com ("Home Page") provided that they first
register with the Company at webmaster@Soloarte.com, putting "Linking
Licence" in the subject area and attaching the following information:
- Name:
- Address:
- Tel No:
- Email address:
- Website URL:
- Ownership details:
- Type of content:
iii. In addition,
users may not link to the Website any site containing profane, defamatory,
infringing, offensive, unlawful topics, names, material or information
that violates any applicable intellectual property rights and publicity
rights.
iv. The Company is concerned with activities such as linking to
an internal or subsidiary page of this Website that is located one or
several levels down from the Home Page ("deep linking"), or bringing up
or presenting content of this Website within another Website ("framing").
In this regard, without limiting the provisions contained in the Terms,
the user must make specific request for, and secure permission from the
Company prior to deep linking to or framing, this Website or any of its
content, or engaging in similar activities.
12. Entire Agreement
This Agreement and any operating rules for the Website established by
the Company, constitute the entire agreement of the parties with respect
to the subject matter hereof and supersedes all previous written or oral
agreements between the parties with respect to the subject matter.
13. Law
This Agreement shall be construed with the laws of England and the user
irrevocably submit to the exclusive jurisdiction of the courts of England
14. Headings
The section headings used herein are for convenience only and shall not
be given any legal import whatsoever.
15. Miscellaneous
i. In the event that any of these provisions is deemed to be invalid,
the validity of such provision(s) shall not affect the validity of these
terms and the remainder shall remain in full force and effect.
ii. Any failure by the Company to exercise or enforce any right
or obligation conferred upon it shall not constitute a waiver of such
a right nor bar the Company from exercising or enforcing it.
iii. The Company may assign its rights and obligations under these
Terms and upon such assignment, the Company shall be relieved of further
obligation hereunder.
iv. All users represent that they have authority and capacity to
register with the Company according to these Terms.
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