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*Terms
& Conditions:
You the
“Artist” acknowledge, that you are the Copyright © owner of all
image of the artwork submitted to be posted here.
By submitting and uploading a photo of your
artwork to
Passport
& Palette™ you give Passport
& Palette™ permission to post the photo of your artwork
on Passport
& Palette™ and Brush with Life, Inc. affiliated site(s).
This free promotional opportunity may be terminated at any time, without
notice.
Passport
& Palette™, a Brush with Life, Inc. production is
concerned about the safety and rights of the artists shown here.
Therefore, Brush with Life, Inc. reserves the right to remove any image
for any reason whatsoever. Specifically, any image uploaded that is
offensive in nature (including pornographic nudity, violence, sexual
acts, or sexually provocative images.), infringes upon copyrights not
held by the artist, is illegal or violates any laws, will be immediately
deleted.
We
reserve the right to ban an individual from using this free promotional
service opportunity for any reason.
We cannot be held liable for any damages. All paintings, photographs,
messages, graphics, comments, text, tags, data or other materials
("Content"), are the sole responsibility of the artist from
whom such Content originated. You, the artist and not Passport & Palette™, Brush with Life, Inc. or Twitpic, are entirely
responsible for all Content you submit, upload, post, transmit or
otherwise make available through this promotional service. Passport
& Palette™ and
Brush with Life, Inc. does not control nor guarantee the accuracy or integrity of the Content
submitted.
Passport
& Palette™ shall not be liable for any statements or
conduct of any artist or third party using the service; and Passport
& Palette™ will not be liable in any way for the artist’s submitted Content,
including, but not limited to, any errors or omissions in any Content
submitted. Passport
& Palette™ will not be liable for any loss or damage of
any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available used or exploited once posted on
the Passport
& Palette™- Brush with Life, inc. website. Passport & Palette™- Brush with Life, Inc. assumes no
responsibility for the timeliness of the posting Content, deletion of
submitted Content; image quality of submitted Content; mis-spelling of
the artist's name; mis-delivery of Content; or failure to post any
artist’s submitted Content; and/or communication why artwork submitted
was not posted.
You agree to indemnify and hold Passport & Palette™,
Brush with Life, Inc., its officers, employees and associates, exempt
from any claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of the artist’s submitted
Content, posting of Content or any other result of the use of this
promotional service made available to artists through the Passport
& Palette™- Brush with Life, Inc. website.
If you are a copyright owner or an agent thereof and believe that any
artist’s Submission posted here and/or other content infringes upon
your copyrights, you may submit a notification pursuant to the Digital
Millennium Copyright Act ("DMCA") by providing our Copyright
Agent with the following information in writing (see 17 U.S.C 512(c)(3)
- for further detail see below:
1. A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online site are
covered by a single notification, a representative list of such works at
that site;
3. Identification of the material that is claimed to be infringing or to
be the subject of infringing activity and that is to be removed or
access to which is to be disabled and information reasonably sufficient
to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to
contact you, such as an address, telephone number, and, if available, an
electronic mail;
5. A statement that you have 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
6. A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
Passport
& Palette™, Brush with Life, Inc. Copyright Agent to
receive notifications of claimed infringement is:
Attention: Copyright Agent for Passport & Palette™
Brush with Life, Inc.
PO Box 241
Norwood
,
NJ
07648-0241
You acknowledge that if you fail to comply with all of the requirements
of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was
removed (or to which access was disabled) is not infringing, or that you
have the authorization from the copyright owner, the copyright owners
agent, or pursuant to the law, to post and use the content in your User
Submission, you may send a counter-notice containing the following
information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which
access has been disabled and the location at which the content appeared
before it was removed or disabled;
3. A statement that you have a good faith belief that the content was
removed or disabled as a result of mistake or a misidentification of the
content; and
4. Your name, address, telephone number, and e-mail address, a statement
that you consent to the jurisdiction of the Federal Courts in New York
and a statement that you will accept service of process from the entity
who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Passport
& Palette™, Brush with Life, Inc. may
send a copy of the counter-notice to the original complaining party
informing that person that it may replace the removed content or cease
disabling it in 10 business days. Unless the copyright owner files an
action seeking a court order against the content provider, member or
user, the removed content may be replaced, or access to it restored, in
10 to 14 business days or more after receipt of the counter-notice, at Passport & Palette™ and
Brush with Life, Inc. sole discretion.
C. Infringers of others copyright rights. Passport & Palette™ and
Brush with Life, Inc. will terminate the access to this promotional
opportunity to all and any infringer.
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