DESCRIPTION AND USE OF THE SERVICE
The Service is a free service offered by LOCALARTWORLDWIDE, Inc. and LOCALARTWORLDWIDE.com to individuals for private, non-commercial use. Unless explicitly stated otherwise, any new features added to the current Website Services shall be subject to the Terms of Service. You understand and agree that the Website Services are provided "AS-IS" and that the Website assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Website Services, which may involve third-party fees (such as Internet service provider or airtime charges) which you are responsible for. In addition, you must provide and are responsible for all equipment necessary to access the Website Services.
You must use the Content as provided by the Website and you may not edit or modify the Content or links. You may NOT use the service for any other uses, including without limitation:
You agree that any suggestions, comments or other feedback ("Feedback") you offer to LOCALARTWORLDWIDE, Inc. and the Website with respect to the Service is and will be given entirely voluntarily. LOCALARTWORLDWIDE, Inc. and the Website shall be free to use, disclose, reproduce, license or otherwise distribute and exploit Feedback provided to it as it sees fit.
User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the Website Service. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website Service or otherwise as prohibited under this Agreement.
RIGHT TO DISCONTINUE SERVICE
(A) Subscriber shall use the Website for lawful purposes only. Subscriber shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without LOCALARTWORLDWIDE, Inc's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in LOCALARTWORLDWIDE, Inc's discretion restricts or inhibits any other Subscriber from using or enjoying the Website will not be permitted. Subscriber shall not use the Website to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with the Website.
(B) The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Website are copyrighted as a collective work under the United States copyright laws. LOCALARTWORLDWIDE, Inc. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may 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. Subscriber may download copyrighted material for Subscriber'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 permission of LOCALARTWORLDWIDE, Inc. and the copyright owner. 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. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or other proprietary right without the express 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 Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Website, Subscriber and license 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 the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store or reproduce the material for that Subscriber's personal use. Subscriber hereby grants LOCALARTWORLDWIDE, Inc. the right to edit, copy, publish and distribute any material made available on the Website by Subscriber.
(D) The foregoing provisions of Section 5 are for the benefit of LOCALARTWORLDWIDE, Inc., its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT SUBSCRIBER'S SOLE RISK. NEITHER LOCALARTWORLDWIDE, INC., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITE.
(B) THE WEBSITE IS 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF 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 BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT LOCALARTWORLDWIDE, INC. OR THE WEBSITE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH SUBSCRIBER.
(D) IN NO EVENT WILL LOCALARTWORLDWIDE, INC., 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. SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITE.
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, LOCALARTWORLDWIDE, INC., THE WEBSITE, 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 UNAUTHENTICITY 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.
LOCALARTWORLDWIDE, Inc. shall have the right, but not the obligation, to monitor the content of the Website, including subscriber profiles, chat rooms, collectives (interest groups), galleries and forums, to determine compliance with this Agreement and any operating rules established by LOCALARTWORLDWIDE, Inc. and to satisfy any law, regulation or authorized government request. LOCALARTWORLDWIDE, Inc. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Website. Without limiting the foregoing, LOCALARTWORLDWIDE, Inc. shall have the right to remove any material that LOCALARTWORLDWIDE, Inc., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless LOCALARTWORLDWIDE, Inc., the Website, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of any use of the Website by Subscriber or Subscriber's Account.
LOCALARTWORLDWIDE, Inc. or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, LOCALARTWORLDWIDE, Inc. shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which LOCALARTWORLDWIDE, Inc., in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
All other trademarks appearing on the Website are the property of their respective owners.
THIRD PARTY CONTENT
LOCALARTWORLDWIDE, Inc. is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, LOCALARTWORLDWIDE, Inc. has no more editorial control over such content than does a public library, art gallery, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of the Website, are those of the respective author(s) or distributor(s) and not of LOCALARTWORLDWIDE, Inc.. Neither LOCALARTWORLDWIDE, Inc. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through the Website represents the opinions and judgments of the respective information provider, Subscriber, or other user not under contract with LOCALARTWORLDWIDE, Inc. LOCALARTWORLDWIDE, Inc. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than authorized LOCALARTWORLDWIDE, Inc. employee spokespersons while acting in their official capacities. Under no circumstances will LOCALARTWORLDWIDE, Inc. be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the Website. It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
In addition, the Website will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve the Website from any and all liability arising from your use of any third-party website.
This Agreement and any operating rules for the Website established by LOCALARTWORLDWIDE, Inc. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
COPYRIGHTS AND COPYRIGHT AGENT
LOCALARTWORLDWIDE, Inc. respects the rights of all copyright holders and in this regard, LOCALARTWORLDWIDE, Inc. has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide LOCALARTWORLDWIDE, Inc.'s with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
For copyright inquiries under the Digital Millennium Copyright Act please contact:
For web posting, reprint, transcript or licensing requests for LOCALARTWORLDWIDE, Inc. material, please contact info@LOCALARTLA.com.
For any questions or requests other than copyright issues or licensing requests, please contact info@LOCALARTLA.com.
Storage of Data: LOCALARTWORLDWIDE, Inc. currently provides free online storage space via the Website as a courtesy to registered Subscribers so that Subscriber may upload content in order to create and maintain Subscriber's personal gallery space. LOCALARTWORLDWIDE, Inc., at its option, may implement policies that establish limits on the available storage space and bandwidth available to Subscribers. In addition, LOCALARTWORLDWIDE, Inc. may set policies that determine the length of content retention and other logistical details concerning the storage of each Subscriber's content.
In order to access some features of the Website, you will have to create a Website account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the Website immediately of any breach of security or unauthorized use of your account.
Although LOCALARTWORLDWIDE, Inc. will not be liable for your losses caused by any unauthorized use of your account; you may be liable for the losses of the Website or others due to such unauthorized use.
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.
You may not create a link to this website from another website or document without LOCALARTWORLDWIDE, Inc.'s prior written consent.
Your use of this website and any dispute arising out of such use of the website is subject to the laws of the United States of America.
Every effort is made to keep the website up and running smoothly. However, LOCALARTWORLDWIDE, Inc. takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website. There are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
Don't Cross the Line. Here are some common-sense rules that will help you steer clear of trouble:
The Website is not for pornography or sexually explicit content. If this describes your video, even if it's a video of yourself, don't post it on the Website. Also, be advised that we work closely with law enforcement and we report child exploitation. Please read our Safety Tips and stay safe on the Website.
Don't post videos showing bad stuff like animal abuse, drug abuse, or bomb making.
Graphic or gratuitous violence is not allowed. If your video shows someone getting hurt, attacked, or humiliated, don't post it.
The Website is not a shock site. Don't post gross-out videos of accidents, dead bodies and similar things.
Respect copyright. Only upload videos that you made or that you are authorized to use. This means don't upload videos you didn't make, or use content in your videos that someone else owns the copyright to, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations. Read our Copyright Tips for more information.
We encourage free speech and defend everyone's right to express unpopular points of view. But we don't permit hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).
There is zero tolerance for predatory behavior, stalking, threats, harassment, invading privacy, or the revealing of other members' personal information. Anyone caught doing these things may be permanently banned from the Website.
Everyone hates spam. Do not create misleading descriptions, tags, titles or thumbnails in order to increase views. It's not okay to post large amounts of untargeted, unwanted or repetitive content, including comments and private messages.
Remember that this is your community! Each and every user of the Website makes the site what it is, so don't be afraid to dig in and get involved!
Have fun with the site. There's a lot here to see, and lots of folks making amazing stuff--one of them might be you! Equipment's getting cheaper and easier to use all the time, so dive in and enjoy.
Let folks know what you think. Feedback's part of the experience, and when done with respect, can be a great way to make friends, share stories, and make your time on the Website richer. So leave comments, rate videos, make your own responses to videos that affect you, enter contests of interest--there's a lot going on and a lot of ways to participate here.