ArtistsNelson

TERMS OF SERVICE

Website: ArtistsNelson.com
Effective Date: September 29, 2025
Last Updated: September 29, 2025
Version: 1.0

1. ACCEPTANCE OF TERMS

Welcome to ArtistsNelson.com (“Website”, “Site”, “we”, “us”, or “our”). By accessing or using this Website, you (“User”, “you”, or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, please do not use this Website.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes your acceptance of the modified Terms. We will update the “Last Updated” date at the top of this page when changes are made.

2. DESCRIPTION OF SERVICE

ArtistsNelson.com is a non-commercial platform that provides artists in Nelson, BC, Canada with the ability to showcase and promote their artwork. The Website is provided free of charge and operates solely for promotional and exhibition purposes. We do not engage in any commercial transactions or sales through this platform.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Eligibility

You must be at least 18 years of age to register for an account. By registering, you represent and warrant that you meet this age requirement.

3.2 Registration Process

To become a member, you must:

  • Create an account by providing a username, full name, email address, and password
  • Optionally provide profile information
  • Submit your registration for administrator approval
  • Wait for administrator approval and artist role assignment before uploading content

3.3 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use of your account
  • Ensuring your email address is current and valid

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Uploading inappropriate or infringing content
  • Prolonged inactivity

4. USER CONTENT AND CONDUCT

4.1 Content Ownership

You retain all ownership rights to the content you upload (“User Content”). By uploading content to the Website, you grant us a non-exclusive, worldwide, royalty-free license to display, reproduce, and distribute your User Content solely for the purpose of operating and promoting the Website.

4.2 Content Standards

You agree that all User Content you upload will:

  • Be your original work or content you have legal right to use
  • Not infringe any third party’s intellectual property rights
  • Not contain illegal, obscene, defamatory, or offensive material
  • Not contain viruses, malware, or other harmful code
  • Comply with all applicable local, provincial, and federal laws

4.3 Prohibited Conduct

You agree NOT to:

  • Upload content that you do not own or have permission to use
  • Impersonate any person or entity
  • Harass, threaten, or harm other users
  • Attempt to gain unauthorized access to the Website or other accounts
  • Use the Website for any commercial purpose without our written permission
  • Scrape, mine, or collect data from the Website using automated means
  • Interfere with or disrupt the Website’s operation

4.4 Content Review and Moderation

All uploaded images are subject to administrator review before being displayed publicly on the Website. We reserve the right to:

  • Approve or reject any content for display
  • Remove any content at any time without notice
  • Determine the manner and placement of content display

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Your Rights

You retain all intellectual property rights to your User Content. We do not claim ownership of any content you upload.

5.2 Our Rights

The Website itself, including its design, layout, features, and original content (excluding User Content), is owned by ArtistsNelson.com and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reproduce any portion of the Website without our express written permission.

5.3 License Grant

By uploading content, you grant us a limited, non-exclusive, royalty-free license to use, display, and promote your User Content solely for the purpose of operating this Website and promoting the Nelson artist community.

6. PROFILE VISIBILITY

You have the option to make your profile information publicly visible or keep it private. You can control this setting through your account dashboard. Please note that:

  • Your uploaded and approved artwork will be publicly displayed regardless of profile visibility settings
  • Your artist name or username may be displayed alongside your artwork
  • You can change profile visibility settings at any time

7. COPYRIGHT INFRINGEMENT CLAIMS

If you believe that content on this Website infringes your copyright, please refer to our Copyright Policy page for instructions on how to submit a takedown notice.

We respect the intellectual property rights of others and expect our users to do the same. We will respond to valid copyright infringement notices in accordance with applicable law.

8. PRIVACY

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using this Website, you consent to our privacy practices as described in the Privacy Policy.

9. DISCLAIMERS AND WARRANTIES

9.1 “As Is” Service

THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the Website will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy or reliability of content

9.2 No Guarantee of Exposure

We do not guarantee:

  • That your content will be approved for display
  • Any specific level of visibility or promotion for your artwork
  • That the Website will remain operational indefinitely
  • Any particular outcome from displaying your artwork on the Website

9.3 Technical Issues

We are not responsible for:

  • Technical failures, internet connectivity issues, or server downtime
  • Loss of data due to technical problems
  • Unauthorized access to your account due to security breaches beyond our control

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 No Liability for Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, or business opportunities
  • Loss of data or content
  • Damage to reputation or goodwill
  • Any other intangible losses

10.2 Cap on Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE SHALL NOT EXCEED $100 CAD (ONE HUNDRED CANADIAN DOLLARS).

10.3 User Responsibility

You acknowledge that:

  • You use the Website at your own risk
  • You are responsible for backing up your own content
  • We are not responsible for disputes between users
  • You are solely responsible for ensuring your content does not infringe third party rights

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ArtistsNelson.com, its operators, administrators, and affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from:

  • Your violation of these Terms
  • Your violation of any third party rights, including intellectual property rights
  • Your User Content
  • Your use or misuse of the Website

12. THIRD-PARTY LINKS

The Website may contain links to third-party websites or services. We are not responsible for the content, privacy practices, or terms of service of any third-party sites. You access third-party links at your own risk.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions.

13.2 Jurisdiction

Any disputes arising from these Terms or your use of the Website shall be subject to the exclusive jurisdiction of the courts located in British Columbia, Canada.

13.3 Informal Resolution

Before initiating any legal action, you agree to first attempt to resolve any dispute informally by contacting us directly.

14. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy and Copyright Policy, constitute the entire agreement between you and ArtistsNelson.com regarding your use of the Website.

16. NO WAIVER

Our failure to enforce any provision of these Terms shall not be deemed a waiver of that provision or any other provision.

17. CONTACT INFORMATION

If you have any questions about these Terms of Service, please contact us at:

ArtistsNelson.com
Nelson, BC, Canada
artistsnelson@gmail.com

By using ArtistsNelson.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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