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A. TASC reserves the right to verify copyright claims and to remove any text, imagery or other content believed to be, in the sole discretion of TASC, in violation of another parties' copyright, trademark, patent or servicemark, unless written permission is given to TASC by the owner of such copyright, trademark, patent or servicemark. Removals of this nature will not be subject to a refund.
B. TASC retains all copyrights on all created imagery for TheArtSource.Com, including but not limited to text treatments created for clients, site and page layouts, logos, headers, backgrounds and other elements of the World Wide Web site and other promotional materials. If you should wish to make any commercial use of any documents published by TASC, you must first obtain the written permission of TASC. Discovered copyright violators will be removed from the site with no refund and reported to the copyright owners and relevant authorities. Violators of Breckenridge Communications Inc.'s copyrights will be prosecuted to the fullest extent of the law. The artist or submitting agency retains copyrights to all submitted imagery and works of art.
C. TASC is not responsible for Backing up submitted imagery and text - please make sure you have duplicates of slides, photos and copy before submitting them for publication.
D. TASC is not responsible for the validity of representations or claims made by members of any kind and TASC shall be held harmless in regards to the authenticity, condition or quality of any art, bought or sold, through the services provided by TASC.
E. No exclusive rights of any kind are guaranteed by TASC unless specific written agreements, between TASC and the member, are executed to the contrary.
F. TASC (and Breckenridge Communications Inc. and its sub-contractors) have permission to use the artists', businesses and item's name, title and likeness on TheArtSource.Com World Wide Web site and in supplementary marketing materials and endeavors.
G. TASC is not responsible for persons copying imagery from our World Wide Web site. If this is of particular concern to you, please talk to our staff about services we can provide to help limit this activity. We will be more than happy to assist in the prosecution of any violations of copyright from our members sites with testimony or information.
Section II - Payment (and Non-Payment) Terms
A. All payments will be directed to: Breckenridge Communications Inc. Attn: TheArtSource.Com P.O. Box 8118 Breckenridge, CO 80424
acceptable payment forms include check or money orders, made out to Breckenridge Communications Inc., and drawn on a US bank in US dollars.
B. Non-Payment: Membership fees are payable on an annual basis, in advance for all services. Annual agreements will be billed 60 and 30 days before expiration of the term. Upon expiration, members' information will be removed from the site. 30 days after the term of the contract, all customer data will be erased and the customer will be subject to additional production fees to re-instate membership.
C. Contract start date is determined by the date the submitted material is published on TheArtSource.Com.
D. Members are subject to annual membership fees (per the following schedule), production costs (on requested services) and other charges subject to this agreement and supplementary documentation.
E. TASC reserves the right to change the amount of any fee or institute new fees and charges.
Section III - Customer Rights and Responsibilities
A. Member is responsible for all representations or claims made on behalf of their artwork, business or represented artists. TASC cannot be responsible for verification of such claims or representations.
B. You, as a member, assert that you have the right to promote all artists, businesses and items submitted by you for publication on TheArtSource.Com. Member shall indemnify and hold harmless TASC against any liabilities, losses, damages or claims arising out of (i) the negligence of the member, its agents, or employees; and (ii) any breach of any representation or promise of member herein contained. Any copyright disputes that arise after publication will result in the removal of the works or artists in question from TheArtSource.Com, until written documentation is submitted to Breckenridge Communications Inc. legally affirming the claim of copyright to the member. No refunds will be issued for works found in violation of copyright, or removed due to disputes.
C. Member is responsible for informing TASC staff of the sale of listed items or the discontinuation of a representational agreement with represented artists. TASC will gladly replace any changed items or artists, subject to additional production fees to cover scanning, data entry and other services.
D. Member shall have permission to use TheArtSource.Com domain name and logos in its own marketing endeavors, as long as the object of the marketing is to benefit the member, TASC and its members.
E. Member shall not use TASC to transmit or publish any material that is defamatory, inaccurate, obscene or illegal.
Section IV - Miscellaneous
A. This Membership Agreement contains the entire agreement between all parties hereto and shall not be changed or modified in any manner except by instrument in writing executed by the parties hereto.
B. Should any party breach any of the terms or conditions of this Membership Agreement the prevailing party in any arbitration or litigation brought to enforce this Membership Agreement shall be entitled to costs and reasonable attorney's fees arising out of or resulting from the breach.
C. This Membership Agreement is made pursuant to and shall be governed by the laws of the State of Colorado.
