Terms of Service

 

IMPORTANT! These Terms and Conditions ("Terms and Conditions") govern your (the "User" or "You") use of the Soleyne Web Site (the "Web Site") provided by Soleyne Inc. These Terms and Conditions are subject to change by the Company at any time in its discretion. Your use of the Web Site after such changes are implemented constitutes your acceptance of the changes. Please consult these terms and conditions regularly. These Terms and Conditions were last updated: March 14, 2009.

1. Permitted Use

    User has a nonexclusive, nontransferable, limited, and revocable right to use the Web Site solely for User's personal educational, informational, and entertainment use. User will not use the Web Site for any other purpose, including any commercial purpose, without the Company's express prior written consent. For example, User will not, and will not authorize any other person to, (i) Co-brand the Web Site or portion thereof, or (ii) frame the Web Site or portion thereof (whereby the Web Site or portion thereof will appear on the same screen with a portion of another web site). "Co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner reasonably likely to give a User the impression that such other party has the right to display, publish, or distribute the Web Site or content accessible within the Web Site (the "Content"). User agrees to cooperate with the Company in causing any unauthorized Co-branding, framing or linking to immediately cease.

    User will not post or insert content that the Company may deem, in its sole discretion as inappropriate, nor will user violate any laws or rights of third parties. By enrolling as an artist or patron on Soleyne, you hereby agree that you are not under the age of 18 and that you have the legal right to form legally binding contracts. Furthermore, you hereby agree that you will not transfer your Soleyne account, including your user ID and password, to any third party without our written consent.  Under no circumstances are you allowed or permitted to interfere with another users' use of the web site nor can you undertake to interfere or attempt to alter the fees associates with the web site.

     As an artist, you hereby agree that you will not post information relating to another website.  Under no circumstances are links to third party websites permitted.  Furthermore, an artist cannot post information or encourage patrons to purchase artwork outside of the Soleyne website.

     If an artist would like to sell their artwork on Soleyne, the selling price must be inserted in the pricing screen which will appear after the item has been uploaded and selected for sale.  Soleyne prohibits the insertion of the price of a piece of art within the description.  This is to ensure that a potential patron can distinguish between items for sale and items that are for display only.

2. Proprietary Information

    User acknowledges and agrees that the content accessible within the Web Site is the proprietary information of the Company and its content providers, and the Company and its content providers retain all right, title, and interest in the Content. Accordingly, User will not reproduce, transmit, publish or distribute such Content to any third party without the express written consent of the Company or the applicable content provider except that User may print out a copy of Content solely for User's personal use. In doing so, User will not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

3. Disclaimer

    User will have access to a variety of sources of content through the Internet. The Company has made no effort to verify the accuracy or suitability of any information contained in any such sources. Accordingly, the Company will have no liability or responsibility whatsoever for any content contained within any such sources. User accesses, uses, and relies upon such content at User's own risk. User understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive. User accesses such materials at User's risk. Company has no control over and accepts no responsibility whatsoever for such materials.

    User understands that, except for information, products or services clearly identified as being supplied by the Company, the Company does not operate, control or endorse any information, products or services on the Internet in any way. User also understands that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Each User is responsible for implementing sufficient procedures and checkpoints to satisfy User's particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. The Company does not assume any responsibility or risk for User's use of the Internet.

    The Company expressly disclaims any and all warranties with respect to any content accessible within or through the Web Site, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement.

    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

4. Limitation on Liability

    The Company, its Licensors, service providers, content providers, employees, agents, officers and directors will not be liable for any incidental, indirect, consequential, or special damages, including loss of revenue or income, pain and suffering, emotional distress or similar damages, even if the Company has been advised of the possibility of such damages. In no event will the collective liability of the Company and its Licensors, service providers, content providers, employees, agents, officers and directors to any party (regardless of the form of action, whether in contract, tort or otherwise) exceed the amount User has paid to the Company for the applicable Content or service out of which liability arose.

5. Indemnity

    User will indemnify and hold the Company, its Licensors, content providers, service providers and contractors (the "Indemnified Parties") harmless from any breach of these Terms and Conditions by User, including any use of Content other than as expressly authorized in these Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. User will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of User's use of the information accessed from the Web Site.

    Furthermore, user releases us from any claims, demands and damages, of any kind and nature, arising out of any disputes that you may have with another or multiple users.  If you are a resident of California, you waive California Civil Code ss. 1542.

6. Forums

    Information posted on forums, bulletin boards, or similar portions of the Web Site ("Forums") is supplied by third parties and other Users unless the Company or its authorized representative identifies itself as the content poster. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties or any other User are those of the respective author(s) and not of the Company. User will not post any of the following material in any Forum:

    --material which threatens or abuses others, or which is defamatory or libelous, or which is invasive of another's privacy;

    --material for which User does not have the right to post, including the proprietary material of any third party;

    --material which advocates illegal activity or discusses an intent to commit an illegal act;

    --material for advertising or commercial solicitation;

    --material which is vulgar, obscene, pornographic, or indecent; or

    --material which does not pertain directly to the subject matter of the particular forum.

    The Company reserves the right to monitor Forums to determine compliance with these Terms and Conditions, as well the right to remove or refuse to post any posting, including any of the above postings upon discovery thereof. Notwithstanding these rights, Users remain solely responsible for the content of its postings. User acknowledges and agrees that neither the Company nor any third party content provider will assume or have any liability for any action or inaction by the Company or any third party content provider with respect to any posting on the Forums. User will not (i) select or use a member name or e-mail address of another person with the intent to impersonate that person; (ii) use a user name or e-mail address subject to the rights of any person without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Company, in its sole discretion, deems offensive.

    Further, User hereby grants to Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message posted in Forums (in whole or in part) worldwide or to incorporate any message in other works in any form, media or technology now known or later developed.

7. Fees

        There are no fees associated with becoming a user on the Soleyne web site.  Additionally, there are no fees associated with the listing of items available for sale or auction.  Soleyne derives  its fees via the commissions associated with each sale.  We recommend that you review our Fee Schedule, which we may change from time to time.  All fees are based on U.S. Dollars, unless otherwise stated.  You are responsible for the payment of all fees and applicable taxes.

8. Content Use

        When you provide content to Soleyne, you hereby acknowledge and agree that you have granted to us a non-exclusive, irrevocable, royalty free, perpetual right to copyright, publicize as well as database rights that you have in the content, in any form of media now or in the future.

9. User's Content

        You hereby acknowledge that all content in any form, be it text, images, icons, moving objects, sound, illustrations etc. are the sole responsibility of the user who originated such content.  We do not exercise any dominion or control over such content nor can we guarantee the integrity, validity, craftsmanship, uniqueness, ownership of such content.  

10. Third Party Websites

        We may offer on our web site links to third party websites that are controlled and maintained by others.  As such, you hereby agree to hold us harmless and free from any liability for the content that is available on such third party websites.  Our links are not an endorsement by us of such third party website whatsoever.