Description of Service.
EVENTIDE is providing User with access to buy and sell artwork. Each User must provide (1) all equipment necessary for his or her own Internet connection and (2) provide for User’s access to the Internet, and (3) pay any fees related to such connection. You must be 18 years old or older to use EVENTIDE or have a legal guardian agree that you can use EVENTIDE. We also allow businesses to use EVENTIDE and make purchases. If you are using EVENTIDE on behalf of a business, then you must have authority, and your use of EVENTIDE is a warranty that you have the authority, to bind that business to these Terms.
Disclaimer of Warranties.
The Site is provided by EVENTIDE on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, EVENTIDE makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. EVENTIDE shall have no liability for any interruptions in the use of the Site. EVENTIDE disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.
Limitation of Liability.
EVENTIDE SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF EVENTIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.
User agrees to indemnify and hold EVENTIDE and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of User’s use of the Site, the violation of this Agreement, or violation of any law by User.
Modifications and Interruption to Site.
EVENTIDE reserves the right to modify or discontinue the Site with or without notice to the User. EVENTIDE shall not be liable to User or any third party should EVENTIDE exercise its right to modify or discontinue the Site. User acknowledges and accepts that EVENTIDE does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of EVENTIDE’s control.
Information for Customers.
Unless otherwise stated, all prices on the Site are in U.S. Dollars. Purchasers of items from the Site (“Customers”) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, EVENTIDE may collect fees owed using other collection mechanisms.
Compliance with Laws.
User may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. User further agrees not to transmit any material 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.
Copyright and Trademark.
All images and Digital Downloads on the Site are either owned or licensed by EVENTIDE and may not be reproduced or used in any manner without the express written permission of EVENTIDE and, if appropriate, the relevant artist. Copyright © 2015 EVENTIDE. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to United States and International copyright laws. Any use of Digital Downloads purchased through the site is subject to these Terms of Service. Upon payment of the price of the Digital Download, you are granted a non-exclusive, non-transferable license to use the Digital Download consistent with these terms. Under the terms of your license to use the Digital Download, you may create physical printed copies of the same Digital Download up to two (2) times over a one (1) year period. You agree that you will use Physical Prints and Digital Downloads for a private, non-commercial use only and that you will not copy, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, sub-license or transfer any Prints to anyone else. Nothing in these Terms of Service grants to you any rights other than those expressly set out herein. These Terms of Service do not grant to you any rights in relation to the synchronization, public display, promotional use, commercial sale, resale, reproduction, distribution or commercial exploitation of any Print.
THE EVENTIDE COLLECTIVE and the EVENTIDE logo are trademarks owned by EVENTIDE and may not be used without prior written permission of EVENTIDE.
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by EVENTIDE in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a User. User agrees that by accepting this Agreement, User is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the EVENTIDE Privacy Statement.
We support the practice of re-posting to the web, and think that it benefits our artists. As long as you include a link back to EVENTIDE and the page on which that image or content appears we’re fine with your re-posting of content, thumbnails, links to EVENTIDE, etc., in your blogs, social-network postings, listings, etc.