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1. ACCEPTANCE 1A. Welcome to ifaux.com. By visiting and/or using this website for posting information, images, or any other user generated content, or for searching for information, or for any other purpose (selectively or collectively, including all the functions and content available through the domain named ifaux.com. herein known as "ifaux.com" "www.ifaux.com," "ifaux.com's website," "the Service," and/or "the website") you signify your agreement to both 1) these terms and conditions (herein referred to as the "Terms of Service") and 2) ifaux.com's Privacy Policy which may be found at www.ifaux.com/ifaux_privacy.html, and 3) ifaux.com's community guidelines which may be found at www.ifaux.com/ifaux_etiquette.html. If you do not agree to any of these terms, the ifaux.com's Privacy Policy, or ifaux.com's community guidelines, please exit this site do not use the ifaux.com's website.
1C. Please be advised that although we may attempt to notify you if and when major changes are made to these Terms of Service, you should periodically review the most current and up-to-date version of these Terms of Service which may be found at www.ifaux.com/ifaux_terms.html
2. DEFINITIONS 2A. By "ifaux.com" we mean the services we make available, including through a) our website at www.ifaux.com and any other branded or co-branded websites including sub-domains; b) our database; c) our interface; and d) any other software or networks (now existing or as yet undeveloped) which we may make available in the future.
2B. By ""us," "we," and "our" we mean ifaux.com in whatever business format it currently may exist or may exist in the future.
2C. By "information" we mean facts and other information about you, including actions you take.
2D. By "content" we mean anything you post on or upload to ifaux.com.
2E. By "data" we mean content and information that third parties can retrieve from www.ifaux.com.
2F. By "post" we mean post on or upload to www.ifaux.com or otherwise make available to us.
2G. By "use" we mean use, copy, access with a browser, post content on or upload content to, display, distribute, modify, or contribute to.
2H. By "service" we mean make use of the website in any manner and by any method whatsoever.
2I. By "user generated content" we mean all material. data, images, or any other information which persons or entities other than the owners, creators, editors, and employees of ifaux.com have caused to be displayed on, or stored by, the website.
3A. www.ifaux.com is a website and graphical interface serving the international faux decorating community and the community at large by publishing information and images and hosting user generated content. 3B. By establishing an account at ifaux.com you agree to be responsible for all activities occurring under your username and password. You also agree to be responsible for keeping your password secure. If you have an account, or if you use the website as a source of information, you understand and agree that the services provided to you by ifaux.com are provided to you on an "as is" and an "as available" basis. The owners, creators, editors, and employees of ifaux.com specifically and expressly disclaim all responsibility for the availability, security, or reliability of the Service and reserve the right to modify, suspend, or discontinue the Service with or without notice at any time without liability to you or any third party.
4. USE OF THE WEBSITE 4A.These Terms of Service apply to all users of ifaux.com website. This includes but is not limited to users who use any function of ifaux.com to search for artists, contractors, manufacturers, produces schools, training, vendors or any other information and other users who contribute content to the website by establishing accounts and putting themselves, their information, products, services or other content "on any and all pages of ifaux.com."
4C. By submitting, uploading or displaying content on www.ifaux.com you grant the website an unrestricted, non-exclusive, and royalty-free license to publish and distribute such content on www.ifaux.com for the public to see and use. The owners, creators, editors, and employees of ifaux.com specifically reserve the right to refuse to accept, post, display or transmit any content at its sole discretion.
4D. By using ifaux.com website you agree that when you contribute content, images, material, and information to the website you give ifaux.com the right to store that content, images, material, and information in any manner it deems appropriate so that it can be viewed by visitors to the website in accordance with choices made by you at the time you uploaded or edited the information.
4E. By using ifaux.com website you agree that you will not upload any malicious scripts or code or similar material to the website.
4F. By using ifaux.com website you agree that you are responsible for any and all consequences resulting from your contributing content, images, material, and information to the website. You agree that you will use the services provided by the website in compliance with all applicable local, state, national, and international rules, regulations and laws including any laws relating to the transmission of technical data exported from your country of residence and all United States export control laws.
4G. The content on ifaux.com website, except all User Submitted material, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ifaux.com, subject to copyright and other intellectual property rights under the law. Content on the website is provided to you AS IS for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the owners of ifaux.com. The ifaux.com reserves all rights to the website and its content not expressly granted in these Terms of Service.
4H. The owners, creators, editors, and employees of ifaux.com do not censor, monitor or edit any of the user generated material on the site and take no responsibility for such content. ifaux.com simply provides access to such content as a service to users of the site. The owners, creators, editors, and employees of ifaux.com do not guarantee the accuracy, reliability, or honesty of any user generated content and you acknowledge that any use you may make of material posted on the website will be at your own risk.
4I. The previous section (4G) notwithstanding, the owners, creators, editors, and employees of ifaux.com reserve the right to remove from the website user generated material which in its sole discretion is deemed to be in violation of these Terms of Service.
4J. The Website may contain links to, or material from, third party websites that are not owned or controlled by ifaux.com. ifaux.com has no control over, and assumes no responsibility for, the content (including, without limitation, any viruses or other disabling features), exactitude of geographical location, privacy policies, or practices of any third party websites. In addition, the owners, creators, editors, and employees of ifaux.com ifaux.com will not and cannot censor, monitor or edit the content of any third-party site and assumes no obligation to do so. By using ifaux.com's website, you expressly relieve ifaux.com from any and all liability arising from your use of any third-party website or content derived therefrom.
4K. You agree not to use or cause to be used any automated system, including without limitation, "robots," "spiders," or "readers," that accesses the website in a manner that sends more requests to the ifaux.com's servers in a given period of time than a human can produce in the same period of time by using a conventional on-line web browser. Nevertheless, ifaux.com specifically excludes the operators of public search engines from this requirement and grants them permission to use spiders to copy materials from the site for the purpose of creating publicly available searchable indices of the materials. ifaux.com reserves the right to revoke any such exceptions either individually or together, without notice, as in its sole discretion may be required.
4L. You agree not to collect or glean any personally identifiable information, including but not limited to, names, addresses, and contact information for any commercial solicitation purposes. You agree not to solicit any users of the website for commercial purposes.
4M. The owners, creators, editors, and employees of ifaux.com specifically and expressly reserve the right, singularly or in concert, to discontinue, without prejudice or liability, any aspect of the website at any time.
4N. You understand that if you use the ifaux.com website, you will be exposed to User Generated Content from a variety of sources, and that ifaux.com is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content. You further understand and acknowledge that you may be exposed to User Generated Content that is inaccurate, offensive, indecent, or objectionable, (or a combination of all of these qualities) and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ifaux.com with respect thereto. You agree to indemnify and hold ifaux.com, its Owners, Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
4O. The owners, creators, editors, and employees of ifaux.com reserve the right to refuse service to anyone at any time, without notice, for any reason or no reason whatsoever.
4P. You must be at least thirteen (13) years of age to use the Service. You must be at least eighteen (18) years old to establish an account and contribute User Generated Content to the theartmap.org website.
4Q. The owners, creators, editors, and employees of ifaux.com reserve the right, but shall have no obligation, to investigate your use of the website in order to a) determine whether any violation of this Terms of Service agreement has occurred or b) comply with any applicable laws, regulations, legal processes or governmental requests.
4R. The owners, creators, editors, and employees of ifaux.com reserve the right, but shall have no obligation, to access, store, and disclose any information they, separately or together, reasonably believes might be necessary to: a) detect, prevent, or otherwise address fraud, security or technical issues; b) address user support requests; c) protect the rights, property or safety of ifaux.com, its users, and the public; d) meet any reasonable demands made by governmental or law enforcement agencies; and e) enforce this Terms of Service agreement.
4S. The owners, creators, editors, and employees of ifaux.com will not be responsible or liable for the exercise, partial exercise or non-exercise of their rights under this Terms of Service agreement.
4T. You agree not to resell any of the services or service provided by www.ifaux.com.
4U. You agree not to use the ifaux.com in connection with threats, stalking, predatory behavior, harassment, or invasion of privacy. You agree not to use the information on the site for illegal purposes in any jurisdiction. Any such use of the site or the information on the site will be considered a violation of the Terms of Service. Anyone who engages in such activities will be banned from the site and such activities will, when appropriate, be reported to the appropriate authorities. Please report any evidence of such activities to abuse@ifaux.com.
5. INDEMNIFICATION You agree to indemnify and hold harmless ifaux.com, its owners, creators, editors, employees, representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders, from any and all claims or demands, including reasonable legal fees, that may be made or filed by any third party, arising out of your conduct or connection with this website or service, your provision of content, your violation of these Terms of Service, or any other violation by you of the rights of another person or party.
6. AFFIRMATION AND DISCLAIMER You affirm that you have all necessary rights, powers and authorities to enter into this Terms of Service agreement. You further affirm that your use of the website shall be at your own risk to the fullest extent permitted by law. THEARTSMAP.COM, ITS OWNERS, CREATORS, EDITORS, EMPLOYEES, AND THEIR HEIRS AND ASSIGNS DISCLAIM ALL WARRANTIES, STATED OR IMPLIED, RELATED TO THE WEBSITE, THE SERVICE, AND YOUR USE OF EITHER OF THEM.
7. ACCOUNT TERMINATION POLICY 7A. ifaux.com will terminate a user's access to its website if, in its sole discretion, the user is determined to be out of compliance with these Terms of Service.
7B. ifaux.com reserves the right to decide whether material submitted by a user is appropriate and complies with these Terms of Service. In situations where submitted material is deemed by the owners, creators, editors, employees, and operators of www.ifaux.com to be copyright infringement, pornography, and/or obscene or defamatory material ifaux.com may terminate a user's access for uploading such material in violation of these Terms of Service at any time, with or without prior notice, and at its sole discretion.
8. LIMITATIONS OF LIABILITY You expressly understand and agree that the owners, creators, editors, employees, and operators of www.ifaux.com will not be liable for any direct, indirect, special, consequential or exemplary damages. This includes, but is not limited to, damages for loss of: a) profits; b) goodwill; c) use; d) data; or e) other losses both tangible and intangible, even if the owners, creators, editors, employees, and operators of www.ifaux.com have been advised of the possibility of such damages whether or not such services shall have resulted from: 1) the use of services or the inability to use services; 2) the cost of obtaining substitute services and/or services resulting from any transaction entered into through services; 3) unauthorized access to or alteration of your data transmissions; 4) unauthorized use of your account; 5) statements made by any third party or conduct of any third party; or 6) any other matter relating to services provided by ifaux.com.
9. JURISDICTION You agree that these Terms of Service and any dispute arising out of your use of the website and/or services provided will be governed by and construed in accordance with the laws of the State of Arizona, notwithstanding any differences between the said applicable legislation and legislation in force at your location. By using the website and/or the services it provides, you agree that jurisdiction is granted to the courts having jurisdiction over the County of Maricopa, State of Arizona, United States of America and that any disputes will be heard by the said courts.
10. ASSIGNMENT These Terms of Service, and any and all rights and licenses granted hereunder, may not be transferred or assigned by you, but may be transferred or assigned by ifaux.com without notice and without any restriction whatsoever.
11. 1 YEAR LIMITATION You agree that any claim or cause of action arising out of or related to the use of the www.ifaux.com website must be filed within one year after the cause of action arose. Otherwise such cause of action is permanently barred.
12. COPYRIGHT INFRINGEMENT If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, you agree to contact www.ifaux.com in accordance with the iFaux.com Copyright Infringement Policy.
13. THIS AGREEMENT This Terms of Service agreement constitutes the entire agreement between you and ifaux.com, governs your use of the website and supersedes any prior agreements between you and ifaux.com. If any portion of this Terms of Service agreement is found to be unenforceable, the remaining portion(s) will remain in full force and effect. Any failure to enforce any of this Terms of Service agreement will not be considered a waiver. Any amendment to or waiver of this Terms of Service agreement must be made in writing and signed by us. Nothing in this Terms of Service agreement shall prevent us from complying with the law.
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