1. Acceptance of Terms of Service
van Gogh Fossil Paint Inc. and its subsidiaries and affiliates (collectively, “van Gogh Fossil Paint”) operate a network of websites and services (the “van Gogh Fossil Paint Network”). These Terms of Service set forth the terms and conditions that apply to your use of the van Gogh Fossil Paint Network. From time to time, van Gogh Fossil Paint may supplement these Terms of Service with additional terms pertaining to specific content, including, but not limited to, the uploading of photographs and videos, services, products, digital products, courses or events (“Additional Terms”), which Additional Terms may be placed on the van Gogh Fossil Paint Network to be viewed in connection with the specific content, services, products, digital products, courses or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Service. BY USING THE van Gogh Fossil Paint NETWORK, YOU AGREE TO THESE TERMS OF SERVICE JUST AS IF YOU HAD SIGNED AN AGREEMENT WITH van Gogh Fossil Paint. If you do not agree to be bound by these Terms of Service, please discontinue your use of the van Gogh Fossil Paint Network. The van Gogh Fossil Paint Network is provided free of charge to you (unless otherwise indicated).
Although portions of the van Gogh Fossil Paint Network may be viewed simply by visiting the relevant web site, in order to access the message boards and/or receive additional services from van Gogh Fossil Paint you need to sign on as a guest or register as a member of the van Gogh Fossil Paint Network. Registering as a member will allow you to access certain services that are not available to guests. Unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the van Gogh Fossil Paint Network, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
When you register for the van Gogh Fossil Paint Network, you will be required to provide van Gogh Fossil Paint with the following information: your name, e-mail address, zip code, country, gender, birth date, member name and password. In addition, you may choose to provide the van Gogh Fossil Paint Network with additional information, including your mailing address, household income, education, marital status and employment status.
van Gogh Fossil Paint reserves the right to (i) terminate your membership and access to any specific content, services, digital products, products courses or events, and (ii) remove your personal van Gogh Fossil Paint website, if van Gogh Fossil Paint learns that you have provided van Gogh Fossil Paint with false or misleading registration information.
van Gogh Fossil Paint reserves the right, at its sole discretion, to immediately, without notice, suspend or terminate (i) these Terms of Service; and/or (ii) your registration(s) with or ability to access the van Gogh Fossil Paint Network and/or any other service, tool, specific content, digital products, products, courses or events provided to you by van Gogh Fossil Paint, including any personal web site, upon any breach by you of these Terms of Service or otherwise.
4. Modifications of these Terms of Service
van Gogh Fossil Paint may modify these Terms of Service from time to time in its sole discretion. Each time you use the van Gogh Fossil Paint Network, you will be deemed to have accepted any such changes. van Gogh Fossil Paint shall have no obligation to notify you of any such changes other then posting such modifications on the van Gogh Fossil Paint Network, but van Gogh Fossil Paint reserves the right (at van Gogh Fossil Paint’s discretion) to provide you notice of such changes to any e-mail address you have provided to van Gogh Fossil Paint, or post office address you have provided to van Gogh Fossil Paint.
5. Modifications of the van Gogh Fossil Paint Network
van Gogh Fossil Paint may modify or discontinue the van Gogh Fossil Paint Network, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
6. Use of the van Gogh Fossil Paint Network
A. Content of Messages
You alone are responsible for the content of your messages or any materials you transmit to others, and any consequences of such messages. Please carefully consider the information you choose to post on the van Gogh Fossil Paint Network, including, but not limited to, any message board or blog or any comment, profile or email. Do not continue any conversation online that makes you feel uncomfortable. You should not include your telephone number, street address or last name on any area of the van Gogh Fossil Paint Network that is accessible to the general public nor provide such personally identifying information to people you do not know. Do not continue any conversation online that makes you feel uncomfortable. van Gogh Fossil Paint assumes no responsibility or liability for any inaccurate, inappropriate, offensive or sexually explicit material or information, products or services you may be provided by other users of the van Gogh Fossil Paint Network. van Gogh Fossil Paint further assumes no responsibility for the deletion of or failure to store e-mail messages.
You further agree that you will not use the van Gogh Fossil Paint Network to send emails or instant messages or post on message boards, blogs, profiles, comments or any place on the van Gogh Fossil Paint Network, any message or material of any kind or nature that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, (unless within the scope of the topic area of a message board as determined by van Gogh Fossil Paint in its sole discretion), racially offensive, inaccurate, or otherwise objectionable material or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. For purposes of the immediately preceding sentence, “masked” vulgarity, obscenity or profanity (e.g. “f*ck”) is deemed to be equivalent to including the actual objectionable word, phrase or symbol in your post, message or otherwise on the van Gogh Fossil Paint Network. van Gogh Fossil Paint reserves the right to delete any such material from the van Gogh Fossil Paint Network. van Gogh Fossil Paint will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Service contained in this Section 6.
You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of van Gogh Fossil Paint. You further agree not to use an inappropriate member name of any kind.
You agree not to post or use the van Gogh Fossil Paint Network to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited.
You acknowledge that (i) content on the van Gogh Fossil Paint Network is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Service and applicable copyright, trademark and other laws govern your use of such content. You may not post to the van Gogh Fossil Paint Network, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes any Rights. You acknowledge that van Gogh Fossil Paint may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.
By submitting content, which shall include your member name, to any “public area” of the van Gogh Fossil Paint Network, including message boards, blogs, forums, contests, personal websites, public profiles, comments or chat rooms, you grant van Gogh Fossil Paint a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. You also warrant that, to the extent that you are not the exclusive holder of all Rights in content you submit, the holder of any Rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any user to access, display, view, store and reproduce such content that you have made public for personal use. Subject to the foregoing, the owner of such content placed on the van Gogh Fossil Paint Network retains any and all Rights that may exist in such content.
van Gogh Fossil Paint is not obligated to review content posted by users prior to the content’s posting to any area of the van Gogh Fossil Paint Network, including any private profile. Content posted by any user to the van Gogh Fossil Paint Network does not reflect the opinions or views of van Gogh Fossil Paint, its parent, subsidiaries or affiliates. van Gogh Fossil Paint makes no warranty, whether express or implied, as to the accuracy of any content or material that you send to other van Gogh Fossil Paint members through any van Gogh Fossil Paint service.
ANYTHING CONTAINED HEREIN TO THE CONTRARY NOTWITHSTANDING, BY SUBMITTING CONTENT TO ANY MESSAGE BOARDS, BLOG, CHATS, EXPERT AREAS, QUESTION AND ANSWER FORUMS, SWEEPSTAKES, CONTESTS OR ANY OTHER AREA ON THE van Gogh Fossil Paint NETWORK, YOU HEREBY EXPRESSLY PERMIT van Gogh Fossil Paint TO IDENTIFY YOU AS THE CONTRIBUTOR OF SUCH CONTENT IN ANY PUBLICATION IN ANY FORM, MEDIA OR TECHNOLOGY NOW KNOWN OR LATER DEVELOPED IN CONNECTION WITH THE CONTENT, UNLESS YOU OTHERWISE NOTIFY van Gogh Fossil Paint’S LEGAL DEPARTMENT IN WRITING AT THE TIME YOU SUBMIT THE CONTENT THAT YOU DO NOT WISH TO BE IDENTIFIED.
B. Non Commercial Use
The van Gogh Fossil Paint Network, its products, services, digital products, events, courses, social networking tools (as more fully described below) and any other element of the van Gogh Fossil Paint Network are only for the personal use of visitors and members and may not be used in connection with any commercial endeavors except those that are specifically endorsed or pre-approved by van Gogh Fossil Paint in writing. Illegal and/or unauthorized use of the van Gogh Fossil Paint Network, or any portion thereof, including, but not limited to, collecting user names and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the van Gogh Fossil Paint Network is prohibited. In furtherance thereof, you agree that you will not use the van Gogh Fossil Paint Network for chain letters, research study or survey solicitations, junk mail, “spamming,” commercial or non-commercial solicitations, or bulk communications of any kind, including but not limited to distribution lists to any person who has not given specific permission to be included in such list.
Any such use shall be deemed to be a violation of these Terms of Service.
C. van Gogh Fossil Paint Social Networking
The van Gogh Fossil Paint Social Networking service allows members to create unique personal profiles, communicate and share materials with other van Gogh Fossil Paint members through tools, such as email, friend invitations, groups, video and photograph uploading, blogs, content rating, comments, calendars, lists and other tools and services that may be included from time to time. Use of and membership to the social networking platform is void where prohibited. You must register for the social networking platform in order to use the services contained therein. You may set privacy levels to determine whether and who can view your profile, albums or events. Your use of the social networking platform is subject to this Terms of Service and any Additional Terms. You are solely responsible for your interactions with other users.
You may never use another’s account without permission. If you become aware of any misuse of the van Gogh Fossil Paint Network by any person, please contact van Gogh Fossil Paint by clicking the “Flag” link located throughout the van Gogh Fossil Paint Network.
7. Member Disputes
You are solely responsible for any interaction with other members or visitors of the van Gogh Fossil Paint Network. van Gogh Fossil Paint reserves the right but shall have no obligation to monitor disputes between you and any other member of the van Gogh Fossil Paint Network.
8. Intrastate Nature of Communications
When you register with the van Gogh Fossil Paint Network and/or any service therein, you acknowledge that in using the van Gogh Fossil Paint services to send electronic communications, you will be causing communications to be sent through van Gogh Fossil Paint’s computer networks, portions of which are located in California, Texas, Virginia and other locations in the United States and portions of which are located abroad. As a result, and also as a result of van Gogh Fossil Paint’s business practices and the nature of electronic communications, communications that seem to be intrastate in nature, may also be the transmission of interstate communications, regardless of where you are physically located when transmitting messages. By virtue of agreeing to this Terms of Service and using the van Gogh Fossil Paint communication tools, you acknowledge that the use of the services results in interstate data transmissions. You further agree to comply with all applicable local laws regarding the transmission of data exported from the United States or the country in which you reside.
9. Third Party Services
You may order services or merchandise through the van Gogh Fossil Paint Network from other persons not affiliated with van Gogh Fossil Paint (“Seller”). All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. van Gogh Fossil Paint makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider van Gogh Fossil Paint nor will van Gogh Fossil Paint be construed as a party to such transactions, whether or not van Gogh Fossil Paint may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
van Gogh Fossil Paint may include special routing icons which may be located within the van Gogh Fossil Paint Network, the activation of which will allow you to access and learn more about van Gogh Fossil Paint and other services provided by van Gogh Fossil Paint whereby the use of such icons is free of additional charge to you. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF THESE SERVICES.
10. Registration and Password
You are responsible for maintaining the confidentiality of your information and passwords. You shall be responsible for all uses of your registration and account, whether or not authorized by you. You agree to immediately notify van Gogh Fossil Paint of any unauthorized use of your registration or password.
11. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the van Gogh Fossil Paint Network infringe your copyright, you (or your agent) may send van Gogh Fossil Paint a notice requesting that the material be removed or access to it blocked. The notice must include the following information (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow van Gogh Fossil Paint to locate the material on the van Gogh Fossil Paint Network; (d) the name, address, telephone number and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send van Gogh Fossil Paint a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. Notices and counter-notices with respect to this website should be sent to: Gillian Lusins, VP of Intellectual Property, van Gogh Fossil Paint Inc., c/o NBC Universal, Inc., 75 Ninth Avenue, 7th Floor, New York, New York 10011, DMCANOTICE@mail.van Gogh Fossil Paint.com. van Gogh Fossil Paint suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
12. Disclaimer of Warranties
YOU EXPRESSLY AGREE THAT USE OF THE van Gogh Fossil Paint NETWORK, INCLUDING BUT NOT LIMITED TO ALL CONTENT, SERVICES, DIGITAL PRODUCTS, COURSES, EVENTS, TOOLS AND PRODUCTS PURCHASED THROUGH THE van Gogh Fossil Paint NETWORK, IS AT YOUR SOLE RISK. THE van Gogh Fossil Paint NETWORK IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. van Gogh Fossil Paint EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
van Gogh Fossil Paint MAKES NO WARRANTY THAT THE van Gogh Fossil Paint NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE van Gogh Fossil Paint NETWORK WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES van Gogh Fossil Paint MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE van Gogh Fossil Paint NETWORK. van Gogh Fossil Paint WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHETHER FORSEEABLE OR NOT, WHICH MAY RESULT FROM THE UNAVAILABILITY OR MALFUNCTION OF THE van Gogh Fossil Paint NETWORK.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE van Gogh Fossil Paint NETWORK IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
YOU UNDERSTAND AND AGREE THAT van Gogh Fossil Paint DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS FOR A PARTICULAR PUROSE OF ANY INFORMATION PROVIDED IN CONNECTION WITH THE van Gogh Fossil Paint NETWORK. van Gogh Fossil Paint IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER van Gogh Fossil Paint NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN THE van Gogh Fossil Paint NETWORK, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. van Gogh Fossil Paint ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.
van Gogh Fossil Paint SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN THE van Gogh Fossil Paint NETWORK, ITS DIGITAL PRODUCTS OR SERVICES. YOUR PARTICIPATION IN THE van Gogh Fossil Paint NETWORK IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM van Gogh Fossil Paint OR THROUGH THE van Gogh Fossil Paint NETWORK, ITS EMPLOYEES, CONSULTANTS AND/OR EXPERTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
van Gogh Fossil Paint MAKES NO WARRANTY REGARDING ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES, CONTENT, TOOLS OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE van Gogh Fossil Paint NETWORK OR ANY TRANSACTIONS ENTERED INTO THROUGH THE van Gogh Fossil Paint NETWORK.
van Gogh Fossil Paint IS NOT RESPONSIBLE FOR ANY CONTENT ON THE INTERNET OR WORLD WIDE WEB PAGES THAT IS CONTAINED OUTSIDE THE van Gogh Fossil Paint NETWORK. AS A CONVENIENCE TO OUR MEMBERS, WE MAY WE MAKE NO REPRESENTATIONS AS TO THE QUALITY, SUITABILITY, FUNCTIONALITY OR LEGALITY OF ANY SITES TO WHICH van Gogh Fossil Paint MAY PROVIDE LINKS, AND YOU HEREBY WAIVE ANY CLAIM YOU MIGHT HAVE AGAINST van Gogh Fossil Paint WITH RESPECT TO SUCH SITES.
BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, van Gogh Fossil Paint MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. van Gogh Fossil Paint SPECIFICALLY DISCLAIMS LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM SUCH ADVERTISEMENTS. BY POSTING A PERSONAL OR CLASSIFIED ADVERTISEMENT ON THE van Gogh Fossil Paint NETWORK, YOU ARE PROMISING THAT THE CONTENT OF YOUR ADVERTISEMENT IS TRUE AND THAT YOU WILL INDEMNIFY van Gogh Fossil Paint AGAINST ANY CLAIMS WHICH MAY ARISE FROM YOUR ADVERTISEMENTS. BY RESPONDING TO A CLASSIFIED OR PERSONAL ADVERTISEMENT ON THE van Gogh Fossil Paint NETWORK, YOU WAIVE ANY CLAIMS AGAINST van Gogh Fossil Paint FOR DAMAGES ARISING FROM SUCH ADVERTISEMENT OR YOUR RELIANCE UPON STATEMENTS IN SUCH ADVERTISEMENT.
13. Limitation of Liability
van Gogh Fossil Paint SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE van Gogh Fossil Paint NETWORK OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS, SERVICES, DIGITAL PRODUCTS, EVENTS, COURSES AND/OR CONTENT PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE van Gogh Fossil Paint NETWORK OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES EVEN IF van Gogh Fossil Paint HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14. Promotional Messages
van Gogh Fossil Paint and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. van Gogh Fossil Paint makes no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither van Gogh Fossil Paint nor such third party shall have any liability with respect thereto.
You agree to indemnify and hold each of van Gogh Fossil Paint, its parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the van Gogh Fossil Paint Network, the violation of these Terms of Service by you, or the infringement by you, or any other subscriber or user of your account, of any intellectual property or other right of any person or entity.
16. Applicable Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflicts of laws provisions. By registering for or entering the van Gogh Fossil Paint Network, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York.
17. Remedies for Breach of these Terms by You
In the event that van Gogh Fossil Paint determines, in its sole discretion, that you have breached any portion of these Terms of Service, or have otherwise demonstrated conduct inappropriate for the van Gogh Fossil Paint Network, van Gogh Fossil Paint reserves the right to (i) delete any or all content provided by you or your agent(s) to The van Gogh Fossil Paint Network; (ii) discontinue your registration(s) with the van Gogh Fossil Paint Network and/or any other van Gogh Fossil Paint community; (iii) discontinue your subscription to any digital product, product, course, event, content, tool or service purchased through the van Gogh Fossil Paint Network; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) any other action which van Gogh Fossil Paint deems to be appropriate.
If your registration(s) with or ability to access the van Gogh Fossil Paint Network, any other van Gogh Fossil Paint community and/or any other service, product, content, course, event, tool or digital product provided to you by van Gogh Fossil Paint is discontinued by van Gogh Fossil Paint due to your violation of any portion of these Terms of Service or for conduct otherwise inappropriate for the community of the van Gogh Fossil Paint Network, then you agree that you shall not attempt to re-register with or access the van Gogh Fossil Paint Network, any other van Gogh Fossil Paint community and/or any other digital product, course content or service provided by van Gogh Fossil Paint, through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those digital products, products, courses events or content and services to which your access has been terminated. In the event that you violate the immediately preceding sentence, van Gogh Fossil Paint reserves the right, in its sole discretion, to immediately take any or all of the actions set forth in subsections (i), (ii), (iii), (iv), and (v) of this provision without any notice or warning to you.
18. Health Resources
Do not use or interact with any health-related content (the “Health Content”) on the van Gogh Fossil Paint Network if you do not agree to all of these Terms.
Not Medical Advice. The Health Content is for informational purposes only. The Health Content does not replace professional medical advice, diagnosis, or treatment. If you have questions regarding a medical condition, always seek the advice of your physician or other qualified health professional. Developments in medical research may impact this information. If you think you may have a medical emergency, call your doctor or 911 immediately.
Use Of Health Content. The Health Content is protected by copyright under United States and foreign laws. Title to the Health Content remains with van Gogh Fossil Paint and its Licensors or its suppliers. Any use of the Health Content not expressly permitted by these Terms is a breach and may violate copyright, trademark, and other laws. All rights not expressly granted herein are reserved to van Gogh Fossil Paint, its Licensors and its suppliers.
Limitation of Liability. The use of the Health Content is at your own risk. The Health Content (including this information and any software) is provided on an “as is” basis. van Gogh Fossil Paint, ITS LICENSORS AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD-PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting this disclaimer, van Gogh Fossil Paint, its Licensors and its suppliers also make no representations or warranties about the accuracy, reliability, completeness, or timeliness of this information. In no event shall van Gogh Fossil Paint, its Licensors or its suppliers, or any third parties mentioned in the Health Content be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of, misuse of, or inability to use this information, whether based on warranty, contract, tort, or any other legal theory, and whether advised of the possibility of such damages. If for any reason the liability limitation is deemed invalid, van Gogh Fossil Paint, its licensors, its suppliers, or any third parties mentioned in the Health Content shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $2,500. No waiver of any of these Terms shall be deemed a further or continuing waiver.
Indemnity. You agree to defend, indemnify, and hold van Gogh Fossil Paint, its officers, directors, employees, agents, licensors and suppliers harmless from and against any claims, actions or demands, liabilities, and settlements, including without limitation, reasonable legal fees resulting from, or alleged to result from, your use or misuse of the Health Content. All of the Health Content is intended for use and access within the United States. If you access the Health Content from outside the United States, you do so at your own risk and are responsible to comply with the laws of your jurisdiction.
Claims. Any claims arising from your use of the Health Content must be brought within one (1) year from the date of the event giving rise to the action occurred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.
Information from Health Content licensors and suppliers for content that may be included in the Health Content:
1. Some of the Health Content is licensed to van Gogh Fossil Paint by Healthwise, Incorporated (“Healthwise”). Healthwise is a nonprofit organization whose mission since 1975 has been to Help People Make Better Health Decisions. Healthwise has not reviewed and does not endorse any information, products, or services other than those clearly marked as from Healthwise.
2. SELF-HELP CLEARINGHOUSE. By retrieving and/or utilizing information from the American Self-Help Clearinghouse database (the “ASHC Database”), you agree to hold harmless American Self-Help Clearinghouse, its owners, and employees from any and all liability arising directly or indirectly from your use of information contained in the ASHC DatabaseThe Self-Help Clearinghouse does not evaluate or rate the individual self-help groups, which are contained in the ASHC Database. Therefore, Self-Help Clearinghouse’s listing of a self-help group does not constitute an endorsement of that group. Neither does omission signify disapproval. Self-Help Clearinghouse includes groups in the ASHC Database based upon a report of their organizations as being focused upon no-fee mutual aid; i.e., members helping one another. The use of any information is entirely the responsibility of the reader. You are the ultimate judge in deciding whether the group is appropriate to your needs. You can send for and review literature or call the phone contact.
3. NATIONAL CANCER INSTITUTE. Some material in Health Content is licensed from the National Cancer Institute (the “NCI Content”), and the NCI Content is from copyrighted publications of the respective copyright claimants. Users of the NCI Content are referred to the publication data appearing in the bibliographic citations, as well as to the copyright notices appearing in the original publication, all of which are hereby incorporated by reference.
4. NORD’S RARE DISEASE DATABASE. Some material in Health Content is licensed from the NORD’s Rare Disease Database (the “NORD Database”). The information provided in the NORD Database is not intended for diagnostic purposes. It is provided for information purposes only. This information in the NORD Database is presented for further understanding that could lead to the prevention, treatment, and/or cure of rare disorders. NORD recommends that affected individuals seek the advice or counsel of his or her own personal physician(s). It is possible that the title of the topic is not the name you selected. Please check the SYNONYMS listing to find the alternate name(s) and disorder subdivision(s) covered by this report. The disease entry is based upon medical information available through the date at the end of the topic. Since NORD’s resources are limited, it is not possible to keep every entry in the Rare Disease Database completely current and accurate. Please check with the agencies listed in the Resources section for the most current information about the disorder.
5. Multum End-User License Agreement
Some material in Health Content is a separate product licensed from Cerner Multum (the “Multum Service”). The Multum Service is for use by United States and Canadian residents only. The Multum Service is a service provided to you by Cerner Multum (“Multum”). Every effort has been made to ensure that the information provided in the Multum Service is accurate, up-to-date, and complete, but no guarantee is made to that effect. In addition, the drug information contained therein may be time sensitive. The Multum Service does not endorse drugs, diagnose patients, or recommend therapy. The Multum Service is an informational resource designed to assist licensed healthcare practitioners in caring for their patients and provide consumers with drug specific information. Healthcare practitioners should use their professional judgment in using the information provided. The Multum Service is not a substitute for the care provided by licensed healthcare practitioners and consumers are urged to consult with their healthcare practitioner in all instances. The absence of a warning for a given drug or drug combination in no way should be construed to indicate that the drug or drug combination is safe, effective or appropriate for any given patient. Multum does not assume any responsibility for any aspect of healthcare administered with the aid of information the Multum Service provides.
Disclaimer of Warranties
THE END-USER ACKNOWLEDGES THAT THE MULTUM SERVICE IS PROVIDED ON AN “AS IS” BASIS. EXCEPT FOR WARRANTIES WHICH MAY NOT BE DISCLAIMED AS A MATTER OF LAW, MULTUM MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY OR NATURE OF THE CONTENT OF THE SERVICE, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The END-USER acknowledges that updates to the Multum Service are at the sole discretion of Multum. Multum makes no representations or warranties whatsoever, express or implied, with respect to the compatibility of the Multum Service, or future releases thereof, with any computer hardware or software, nor does Multum represent or warrant the continuity of the features or the facilities provided by or through the Multum Service as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) the END-USER alters, mishandles or improperly uses, stores or installs all, or any part, of the Multum Service, (ii) the END-USER uses, stores or installs the Multum Service on a computer system which fails to meet the specifications provided by Multum, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than Multum.
Assumption of Risk, Disclaimer of Liability, Indemnity
THE END-USER ASSUMES ALL RISK FOR SELECTION AND USE OF THE MULTUM SERVICE AND CONTENT PROVIDED THEREON. MULTUM SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE MULTUM SERVICE OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
THE END-USER ACKNOWLEDGES THAT van Gogh Fossil Paint AND MULTUM: (A) HAS NO CONTROL OF OR RESPONSIBILITY FOR THE END-USER’S USE OF THE MULTUM SERVICE OR CONTENT PROVIDED THEREON, (B) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE MULTUM SERVICE OR CONTENT PROVIDED THEREON MAY BE USED BY THE END-USER, (C) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE MULTUM SERVICE, AND (D) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE MULTUM SERVICE BY THE END-USER TO THE MULTUM SERVICE.
NEITHER van Gogh Fossil Paint NOR MULTUM SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO THE END-USER AND PERSONS TREATED BY OR ON BEHALF OF THE END-USER) FOR, AND THE END-USER AGREES TO INDEMNIFY AND HOLD van Gogh Fossil Paint AND MULTUM HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEY’S FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING OUT OF OR RELATING TO (A) THE END-USER’S USE OF THE MULTUM SERVICE OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH AND (B) ANY DATA OR INFORMATION INPUT ON THE MULTUM SERVICE BY END-USER, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY. FURTHER, WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL van Gogh Fossil Paint OR MULTUM BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF van Gogh Fossil Paint OR MULTUM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE INFORMATION CONTAINED WITHIN THE MULTUM SERVICE IS INTENDED FOR USE ONLY BY PHYSICIANS AND OTHER HEALTHCARE PROFESSIONALS WHO SHOULD RELY ON THEIR CLINICAL DISCRETION AND JUDGMENT IN DIAGNOSIS AND TREATMENT. AS BETWEEN THE END-USER AND van Gogh Fossil Paint AND MULTUM, THE END-USER HEREBY ASSUMES FULL RESPONSIBILITY FOR INSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Liability of Multum to End Users.
Under no circumstances shall Multum be liable to the End User or any other person for any direct, indirect, exemplary, special or consequential damages arising out of or relating to the End Users’ use of or inability to use the Service of the content of the Service provided thereon or any equipment furnished in connection therewith. Multum’s total liability in connection with this Agreement, whether arising under contract or otherwise, are limited to the fees received by Multum under this Agreement specifically relating to the End Users service or product which is the subject o f the claim.
MEDICAL DISCLAIMERS. The material and information contained in the Drug Interaction Checker is licensed from First DataBank (the “Drug Interaction Checker”). The Drug Interaction Checker is designed to offer you general health information for educational purposes only. The health information furnished within the Drug Interaction Checker and the interactive responses are not intended to be professional advice and are not intended to replace personal consultation with a qualified physician, pharmacist or other healthcare professional. You must always seek the advice of a healthcare professional for questions related to your condition, symptoms, and appropriate treatments. If you have or suspect that you have a medical problem or condition, please contact a qualified healthcare provider immediately. You should never disregard medical advice or delay in seeking it because of something you have read within the Drug Interaction Checker.
Neither van Gogh Fossil Paint nor First DataBank make any warranty that the content within the Drug Interaction Checker satisfies government regulations requiring disclosure of information on prescription drug products. The content within the Drug Interaction Checker was developed for use in the United States, and neither van Gogh Fossil Paint, First DataBank, nor First DataBank’s providers make any representation concerning the content when used in any other country. While information within the Drug Interaction Checker has been obtained from sources believed to be reliable, neither we nor our content providers warrant the accuracy of the drug information contained within the Drug Interaction Checker.
The drug information contained within the Drug Interaction Checker is not exhaustive and is not intended to cover all possible uses, precautions, interactions or adverse effects, nor should it be construed to indicate that use of a particular drug is safe, appropriate or effective for you or anyone else. The drug information contained within the Drug Interaction Checker is provided for general information purposes only and is not intended as individual medical advice and is not a substitute for the expertise and judgment of healthcare professionals. A healthcare professional should be consulted before taking any drug or commencing or discontinuing any course of treatment.
Your reliance upon information and content obtained by you at or through the Drug Interaction Checker is solely at your own risk. Neither we nor our content providers assume any liability or responsibility for damage or injury (including death) to you, other persons or property arising from any use of any product, information, idea or instruction contained in the content or services provided to you.
LIMITATION OF LIABILITY. NEITHER van Gogh Fossil Paint NOR THE PROVIDERS OF THE DRUG INTERACTION CHECKER MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF THE DATA FROM WHICH THE INFORMATION IS COMPILED OR THE ACCURACY OF THE INFORMATION ITSELF, NOR THE COMPATIBILITY OF THE INFORMATION WITH ANY HARDWARE AND SYSTEMS, AND SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
YOUR USE OF THE DRUG INTERACTION CHECKER AND THE MATERIAL AND INFORMATION ON THE DRUG INTERACTION CHECKER IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PROVIDERS OF CONTENT WITHIN THE DRUG INTERACTION CHECKER SHALL NOT BE LIABLE FOR ANY DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF USE OF THE SITE, AND INCLUDING ANY CONSEQUENTIAL, SPECIAL, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT (OR ANY OTHER AGREEMENT BETWEEN YOU AND FIRST DATABANK), FIRST DATABANK (OR ITS CONTENT PROVIDERS OR SPONSOR/ADVERTISERS) SHOULD HAVE ANY LIABILITY FOR ANY LOSS, HARM OR DAMAGE, YOU AND FIRST DATABANK (ON BEHALF OF FIRST DATABANK AND ITS CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT SUCH LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED U.S $1,000. YOU AND FIRST DATABANK (ON BEHALF OF FIRST DATABANKAND ITS CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AGREE THAT THE FOREGOING LIMITATION OF LIABILITY IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND FIRST DATABANK (AND FIRST DATABANK’S CONTENT PROVIDERS AND SPONSOR/ADVERTISERS) AND REFLECTS THE FEES, IF ANY, WE CHARGE YOU TO USE THE DRUG INTERACTION CHECKER. YOU ACKNOWLEDGE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, FIRST DATABANK WOULD NOT PROVIDE THE DRUG INTERACTION CHECKER TO YOU.
RESTRICTIONS. No material from the Drug Interaction Checker may be copied, reproduced, republished, uploaded, posted, transmitted, commercialized or distributed in any way, except that you may download one copy of the materials from the Drug Interaction Checker on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials from the Drug Interaction Checker or use of the materials for any other purpose is a violation of First Databank’s content provider’s copyright and other proprietary rights. The use of any such material from the Drug Interaction Checker on any other website or networked computer environment is prohibited. All rights, title and interest in and to the materials within the Drug Interaction Checker (including but not limited to all copyrights, trademarks, service marks, trade names and all derivative works) are owned or controlled by and shall remain at all time vested in First Databank and its content providers, as the case may be.
In the event that any provision of the Terms of Service conflicts with the law under which the Terms of Service are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Service, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Service will remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Service or to exercise any right under the Terms of Service will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
van Gogh Fossil Paint may assign its rights and obligations under these Terms of Service and upon such assignment van Gogh Fossil Paint may be relieved of any further obligation hereunder.
You represent to van Gogh Fossil Paint that you have the authority to register with or visit the van Gogh Fossil Paint Network according to these Terms of Service. van Gogh Fossil Paint does not encourage or solicit visitors who are known to be under the age of 18 to become a member of or visit the van Gogh Fossil Paint Network and does not permit anyone under the age of 13 to become a member of the van Gogh Fossil Paint Site.
These Terms of Service constitute the entire understanding between the parties as to the subject matter hereof, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Service will, at the election of van Gogh Fossil Paint, be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Service will remain valid and enforceable.
van Gogh Fossil Paint reserves the right to terminate free access to the van Gogh Fossil Paint Network including any or all content, services, digital products, products, events, courses or tools with or without notice to you. van Gogh Fossil Paint reserves the right (at van Gogh Fossil Paint’s discretion) to provide you with notice of such change by prominently posting a notice on the van Gogh Fossil Paint Network and/or sending written notice to you at any e-mail and/or post office address you have provided to van Gogh Fossil Paint. Once free access is terminated van Gogh Fossil Paint may charge each subscriber any applicable fee, surcharge and/or membership fee for access to the van Gogh Fossil Paint Network and/or any for-pay content, services, digital products, products, events, tools or products.