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Terms

Please read these terms of use carefully as they contain important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a dispute resolution clause that governs how disputes will be resolved…

We are dedicated to the free expression of our users. We reserve only the rights necessary to facilitate the dissemination of content and material on this site. We support the intellectual property rights of the creators of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law. We will take all reasonable measures to keep information and users safe. We hope your experience with ikono.org/cappelli will be enjoyable and productive.
Terms that govern the use of the site:

1. General use of the site and agreement to these terms of use

These Terms of Use govern our mutual rights and responsibilities when you use the resources and services provided by ikono.org/cappelli (collectively “we”, or “us”). These Terms of Use, and our Privacy Policy Statement (the “Privacy Policy”), which is incorporated into these Terms of Use by reference, apply to all activities and modalities on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis. Unless otherwise agreed to, you are subject to these Terms of Use, and any additional terms that may apply.

These additional terms, if any, will be available through the Site. These Terms of Use create a legal agreement between you and the Site and supersede any prior agreements between you and the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access(or continue to use or access) the Site.

By accessing the Site, you agree to comply with all applicable laws (including, but not limited to, libel, obscenity, and child pornography), assume responsibility for your activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.

By accepting these Terms of Use, you agree to provide accurate, complete and current information and to maintain and update such information to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.

2. Rights and obligations related to content and material

The Site and its contents are protected by international copyright laws. By posting your material on the Site, you are granting us and our affiliates a nonexclusive, royalty free, perpetual, and worldwide license to use your content on the Site until you remove or delete it, including, but not limited to, the right to copy, distribute, transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a collective work. Whenever possible, we will credit you as an author, and youagree to give us the right to use your name for attribution purposes.

The Site includes information, views, opinions and recommendations of individuals and organizations of interest to the art community. ikono.org/cappelli assumes no responsibility for the accuracy, currency, completeness, or usefulness of any information in any material on the site and does not endorse any opinions or recommendations posted by members or registered users nor do we give art-related investment advice.

The following actions, among others, may result in removal of information and/or termination of your membership:

The posting of the following content in any member account:

nudity, pornography, and sexual material of a lewd, lecherous or obscene nature or intent or that violates local, state or federal laws.
any material that violates or infringes in any way upon the proprietary rights of others including, without limitation, copyright or trademark rights.
any material that is threatening, abusive, harassing, slanderous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable including posting private information belonging to or about other individuals.
content that promotes, encourages, or provides instructional information about illegal activities, gambling, permissive musical programs, drugs, tobacco and alcohol.
hate propaganda, anti religious propaganda or hate mongering, fraudulent material or activity.
The use of the Site for any illegal purposes.
Providing false information to ikono.org/cappelli.
Any violation of the letter or spirit of these Terms of Use.

The Site allows registered members to submit artwork by uploading image files to the Site’s servers. Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions. We are not responsible for content posted by the Site’s members.

We do not verify or endorse any content posted by any member. We are not responsible for the delivery or quality of any goods or services that are advertised by us, our members or any other third parties on the Site. If you believe that any of the content posted by members, visitors or third parties violates your proprietary rights, including copyrights, please report it to us immediately.

As a member you are solely and fully responsible for any content posted by you or visitors to your account. Although we review member account content on a spot check basis, we cannot establish nor guarantee the legal nature of any such content.

By submitting your artwork to the Site, you represent that the artwork complies with these Terms of Use. If any third party brings a claim, lawsuit or other proceeding against ikono.org/cappelli or its affiliates based on content you post on the Site, you agree to compensate ikono.org/cappelli and/or its affiliates, officers, directors, members, employees and agents for any and all losses, liabilities, damages or expenses, including attorney’s fees, incurred by such party in connection with any such claim, lawsuit or proceeding.

We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts.

Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.

3. Proprietary Rights.

Your use of the Site affords you access to many of the features of the Site, but some aspects of the Site remain within our exclusive proprietary control. We own the intellectual
property rights to any and all protectable components of the Site, including, but not limited to, the computer software, the related documentation, the “look and feel”, the end-user
interfaces, the name of the Site, and many of the individual features. You shall not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble
any aspect of the Site which we own.

4. Termination.

You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Site for any reason including, without limitation, your breach of these Terms of Use or any subsequent modifications, failure to answer our inquiries in a timely manner, failure to maintain an active email, or any attempted assignment of your account by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. ikono.org/cappelli shall not be liable to you or any third party for the termination of the Site and/or your account or any claims related to the termination of the Site and/or your account.

5. Limitation of Liability.

You must bear the risk of any liability relating to your use of the Site.

Accordingly, your use of the site is entirely at your sole risk. We will not be responsible to you or any third parties for any direct or indirect, incidental, consequential, special or punitive damages or losses you may incur in connection with the site, your use thereof or any of the data or other materials transmitted through or residing in the site, regardless of the type of claim or the nature of the cause of action, even if we have been advised of the possibility of such damage or loss. You agree that any cause of action arising out of or related to the site must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

6. Indemnity.

You shall defend, indemnify and hold harmless ikono.org/cappelli and its affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the Site, your violation of these Terms of Use or your infringement, or infringement by any contestant as part of a contest, of any intellectual property or other right of any person or entity, regardless of the type of claim or the nature of the cause of action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

7. Disclaimers of warranty.

The site is provided “as is” and we make no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or representation, whether oral, in writing or in electronic form, including, but not limited to, the accuracy or completeness of any information contained therein or provided on the site. Further, you expressly understand that we make no representations that individuals using the site are whom they purport to be. We have no control over, and accept no responsibility for, any contests or actions of any third party. You assume full responsibility and risk for use of the site and the internet and are solely responsible for evaluating the accuracy and completeness of information you receive through the site.

8. Miscellaneous Provisions.

A. Choice of Law/Jurisdiction.

You agree that these Terms of Use shall for all purposes be governed by and construed in accordance with international laws, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Use shall be litigated and enforced. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of Berlin, Germany, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Berlin, Germany.

B. Waivers.

No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of ikono.org/cappelli to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

C. Severability.

If any provision of these Terms of Use shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Use, the remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Use is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.

D. Headings.

The headings used in these Terms of Use are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Use.

E. Binding Agreement.

These Terms of Use shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of ikono.org/cappelli and its affiliates, successors, assigns and licensees.

F. Entire Agreement.

These Terms of Use and any and all other online policies promulgated by ikono.org/cappelli, constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.