FineArtStudioOnline Online Application Terms of Service / End User License Agreement (EULA)
This Online Application End User License Agreement ("Agreement") is by and between BoldBrush, Inc a Texas Corporation dba FineArtStudioOnline ("FASO"), in Bexar County, Texas, and you, your assigns, agents and contractors (collectively, "You or Your") and is made effective as of the date of Your electronic execution of this Agreement. This Agreement sets forth the terms of service and conditions of Your use of the FASO Online Application ("Software" or "Services") and use or creation of a FASO website. In addition this Agreement is ONLY between You and FASO and You understand that You have not entered into any agreements with any other party respecting the use or creation of Your FASO website using FASO's software. By using FASO's Software, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this EULA. You also agree that FASO may alter or amend the terms of this EULA in the future and You agree to be bound by any such alterations or amendments of this EULA as are posted and available for viewing on the FASO website.
You also agree to be bound by the terms of this EULA for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses Your account established with FASO. You acknowledge that FASO's acceptance of any application made by You for services provided by FASO take place at FASO's offices located in San Antonio, Bexar County, Texas, USA.
1. License Grant
Subject to your full compliance with the terms of this EULA, FASO grants You a non-exclusive license to use the Software or Services for the purpose of designing and publishing web sites for use on the Internet. You are free to use Software from any computer, but the same project may not be modified on more than one computer at one time. You may customize or modify the appearance of Software only as provided and allowed by the instructions. You may not otherwise alter or modify the Software. You further agree not to reverse engineer, decompile or otherwise attempt to discover, reveal or uncover the source code. You are not authorized to combine the Software with any other software program or application, nor are You authorized to integrate any plug-in or enhancement, which uses or relies upon Software other than those provided with the Software. You are licensed to publish an unlimited number of web sites using this Software. However, you will be required to pay a license fee for each web site published.
2. Accepting these Terms
2.1 In order to use the Software, you must first agree to these EULA Terms of Service. You may not use FASO Services if you do not accept these Terms.
2.2 You can accept these Terms by:
3.1 You are responsible for safeguarding the password that You create and use to access the FASO Services and for any activities or actions under Your password.
3.2 We encourage and recommend that You to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.
3.3 FASO cannot and will not be liable for any loss or damage arising from Your failure to comply with the above recommendations.
4.1 All content, whether publicly posted or privately transmitted on a FASO website, is the sole responsibility of the person who originated the content.
4.2 FASO may, in its sole discretion, monitor any content posted via the Services. FASO does not control nor take responsibility for any user's content posted via the Services.
4.3 Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
4.4 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will FASO be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
5. Restrictions on Content
5.1 Although art is very subjective, this site is welcome to individuals of all ages. As such, by accepting this EULA You agree that You will not post or upload any content or image that could be considered lewd, hateful, threatening, or pornographic; or that is likely to incite violence; or contains offensive nudity or graphic or gratuitous violence.
5.2 FASO is a site directed to and for the purpose of promoting art in its various forms. In order to be represented on this site, your content must be directly related to art or for the purpose of promoting art. We do not develop or host sites that do not support art or that are not specifically art related unless you obtain prior written permission from FASO.
5.3 You represent and warrant that: (i) You are either the sole and exclusive owner of all content that you make available through the Site, or you have all rights, licenses, consents and releases that are necessary to offer the content as sold on Your site; and (ii) Your art will not infringe, misappropriate or violate any third party's patent,copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy.
5.4 You agree to accurately and truthfully describe Your products and respond appropriately to any customer questions regarding Your products.
5.5 If it is determined by FASO, in FASO's sole discretion, that You have posted an image(s) that may be considered to violate these terms, You agree to immediately remove any such image(s) at FASO's request.
5.6 FASO reserves the right to remove any image or other content immediately without prior notice to You.
6. Content license from You
6.1 You retain copyright and any other rights You already hold in and content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you grant FASO a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, publish, publicly perform, publicly display and distribute any content which you submit, post or display on or through, the Services for the sole mutual benefit of the parties. This grant is for the sole purpose of enabling FASO to display, distribute and promote the FASO Services and for no other reason.
6.2 You agree that this EULA includes a right for FASO to make Your content available to other companies, organizations or individuals with whom FASO has relationships for the provision of syndicated services, and to use such content in connection with the provision of those services.
6.3 You understand that FASO, in performing the required technical steps to provide the Services to You, may (a) transmit or distribute Your content over various public networks and in various media; and (b) make such changes to Your content as are necessary to conform and adapt that content to the technical requirements of connecting networks, devices, services or media. You agree that this EULA shall grant permission for FASO to take these actions.
6.4 You confirm and warrant to FASO that you have all the rights, power and authority necessary to grant the above license.
7. Hyperlinks and Other Outside Content
7.1 The Services may include hyperlinks to other web sites or content or resources. FASO may have no control over any web sites or resources which are provided by companies or persons other than FASO.
7.2 You acknowledge and agree that FASO is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
7.3 You acknowledge and agree that FASO is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
8. Changes to the Terms
8.1 FASO may make changes to these Terms from time to time. When these changes are made, FASO will make a new copy of the Terms available at http://faso.com/tos.
8.2 You understand and agree that if you use the Services after the date on which the Terms or have changed, FASO will treat your use as acceptance of the updated Terms.
9. Service Details
9.1 Application Particulars
The Software is an online web site preparation tool, which is designed to assist You in designing and publishing web sites for use on the Internet. Using Software will give You the ability to personalize, customize and design Your web site to suit Your individual needs. Among other things, You will be able to:
Select from several pre-designed layouts which can be customized with a variety of images and color schemes; Engage in Internet sales and marketing by advertising Your business on the Internet; Share Your information with others by listing information; Design and customize Your website by adding text, images, pre-designed page layouts and plug-ins; Display photos of Your choice; Market your work with email newsletter manager; and Use Web Site Hosting Services.
You are responsible for ensuring that Your web site conforms to all, and does not violate any, local, state, federal, and international laws. Further, You are responsible for securing authorization or permission to use any copyrighted, trademarked, patented or otherwise legally protected images, text, or other web site elements or materials that are not provided by FASO. You affirmatively acknowledge that FASO is relying on Your representation concerning Your proper use of all content on any website You create or control. If your web site includes GIF images and you are NOT using the Software, you must ensure that your GIF images are properly licensed or were created with Authorized Software. Moving your web site from one hosting server or provider to another is Your responsibility. FASO will not transfer or FTP Your web site to another hosting provider.
9.2 Legal Agreements
You acknowledge that You have authorized FASO as agent on Your behalf for the purpose of securing for Your website certain services from third party providers including but not limited to, domain research and names, email services, and statistics. You agree to abide by the service terms of these providers. Their terms and conditions of use can be found on their websites and are located at the following links:
Wild West Domains
Clicky Web Analytics
Amazon Web Services
You agree to be bound by the agreements these terms and conditions , including the Hosting Service Agreement, this EULA, and all policies and procedures as posted on the FASO web site.
9.3 The Limitations
The Software is not intended to assist You in engaging in unlawful or morally objectionable activities. Therefore, FASO explicitly reserves the right to terminate Your license should You are using the Software to participate in objectionable activities, which include, but are not limited to, the following: sending unsolicited email or spam; activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States, and of its states, and/or foreign; activities designed to encourage unlawful behavior by others, such as intellectual property infringement, hate crimes, terrorism and child pornography; activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; or activities designed to harm minors in any way.
10. FASO's rights
BoldBrush Technology, LLC (developer of FASO) owns and retains all rights to the Software, software source code, web site templates, forms, trademarks, copyrights, and documentation. You are entitled to use this Software, the web templates, forms and documentation to build web sites and post them to the Internet only as provided in this Agreement. The Software and any copies You are authorized to make are the intellectual property of BoldBrush Technology LLC. The source code and its organization are the exclusive property of BoldBrush Technology, LLC and the Software is protected by copyright, including United States Copyright Law. Except as expressly setout above, this Agreement does not grant You any rights in the Software and all rights are reserved by BoldBrush Technology LLC. You also, by entering into this agreement, acknowledge that BoldBrush Technology LLC is the sole copyright owner of the Software, software source code, web templates, forms and documentation, trademarks, copyrights, and all other files and associated works of authorship except for your content and your images.
FASO additionally expressly reserves the right to:
a) Censor any web site hosted on its servers that, in the FASO's sole opinion, is deemed inappropriate. b) Modify pricing by providing you with email notification. c) Terminate Your license for unsolicited, commercial email or SPAM; illegal access to other computer networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; and other activities whether lawful or unlawful that FASO determines to be harmful to subscribers, operations, its reputation, or otherwise. d) Terminate Your license if Your use of the Software results in, or is the subject of, legal action or threatened legal action against FASO or any of its affiliates or partners, regardless of whether or not such legal action or threatened legal action is eventually determined to be with or without merit. The decision to terminate Your license shall be made solely by FASO. Terminate your license without cause upon notice to you.
11. The Services are Provided "AS-IS" and Liability & Indemnification
FASO PROVIDES THE SOFTWARE "AS IS" AND WITHOUT WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL FASO BE LIABLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, UNSECURED TRANSACTIONS, INTERRUPTION OF BUSINESS, OR FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF FASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING FROM ANY DEFECT OR ERROR IN THE APPLICATION. YOU SHALL INDEMNIFY, DEFEND BY COUNSEL REASONABLY ACCEPTABLE TO FASO, PROTECT AND HOLD FASO HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, COSTS, DAMAGES, EXPENSE, OF EVERY NATURE, INCLUDING CONSULTANTS` AND ATTORNEYS` FEES AND COURT COSTS, DEMANDS, CAUSES OF ACTION, OR JUDGMENTS DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATED TO YOUR USE THE SOFTWARE. YOU AGREE THAT IN ANY EVENT, THE MAXIMUM AMOUNT OF LIABILITY OF FASO TO YOU SHALL BE THE AMOUNT THAT YOU HAVE PAID FASO FOR A THIRTY (30) DAY PERIOD OF USING THE SOFTWARE, AND YOU HEREBY WAIVE ANY POTENTIAL OF OBTAINING ANY FURTHER RECOMPENSE, UNDER ANY THEORY WHATSOEVER, FROM FASO.
FASO'S LIABILITY FOR LOSS OR DAMAGE RELATING TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE SERVICES, REGARDLESS OF THE FORM OF ACTION, SHALL BE LIMITED TO THE CHARGES PAID BY YOU. THIS IS YOUR EXCLUSIVE REMEDY. IN NO EVENT SHALL FASO BE LIABLE TO YOU FOR ANY CLAIM MADE AGAINST YOU BY ANY OTHER PARTY OR FOR ANY CLAIM MADE BY YOU FOR LOST BUSINESS OR PROFITS, OR FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF FASO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGES.
13. FASO's Protection and Use of Data.
If any part of this Agreement is determined to be unenforceable or invalid, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
15. Venue; Waiver of trial by jury
This agreement shall be deemed entered into and performable wholly in the state of Texas. This Agreement shall be judged according to the laws of the State of Texas without regard to conflict of laws issues. You agree that exclusive venue for any legal action relating to or arising out of this Agreement, or concerning both You and FASO in any way, shall be solely in a court of competent jurisdiction located in Bexar county, Texas, to which jurisdiction You hereby personally submit.
You agree that all notices (except for notices concerning breach of this Agreement) from FASO to You may be posted on our web site. Notices concerning breach will be sent to You at either the postal address or email address You have on file with FASO. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to FASO shall be made by email, sent to the address we provide on our web site, or by first class mail to the address below:
FineArtStudioOnline PO Box 700534 San Antonio, Texas 78270
Revised: 1/29/2013 Copyright BoldBrush Technology, LLC. All Rights Reserved.