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Terms and Conditions
INTRODUCTION
Thank you for your interest in listing with our service. We Art the People™ is an independent business owned by CK Creations, Inc., that provides support and encouragement to creative professionals through, among other things, an online creative professionals directory and networking service. We Art the People™ allows users to create and personalize unique personal profiles online in order to find and communicate with potential business opportunities and a broad range of services. As a member of the We Art the People directory you gain immediate access to the most comprehensive network available of creative professionals in Western NC, including the suppliers, services, and organizations that support us. We hope that such exposure will enhance your position within your art community. We Art the People is an online service that allows our users to set up unique creative professional profiles that can be linked together through creative networking groups. We Art the People members can view each others' profiles, communicate with clients on the service, share content, post advertisements and display a gallery of work, and list their affiliations "friends". We Art the People members can change their profile information at any time and can control how other members and the service communicates with them. Our Social Network uses the Ning platform and users are subject to Ning terms and conditions. We Art the People refers to this component is the "Community" The Services offered by We Art the People ("We Art the People .com" or "We Art ") include the We Art the People.com Website, the We Art newsletter and any other features, content, or applications offered from time to time by We Art the People in connection with the Website (collectively, the "Services"). QUALIFICATIONS
To qualify for inclusion, a listed web site must be devoted to the support of the creative community in Western North Carolina. Our listings may include individual creators, creative groups, organizations, services and suppliers. Additionally we offer a directory of our regional Programming offered by users registered in our 'People, businesses and organizations directory.
BENEFITS OF LISTING
As a member of the We Art the People Directory you gain immediate access to our worldwide internet creative network, the We Art newsletter, calendar of events, marketing and promotional templates, advertising, blogs, a listing of your complete contact information and hours of operation, web links, and useful technology, such as pod casting, video and digital images, and a compilation of target market groups that are typically cost prohibitive to two thirds of our creative community. Our readership includes: -1. Creative professionals across all media -1. Art Museums -1. Supporting Suppliers and Services -1. Fine Art and Craft Galleries -1. Artist Reps and Agents -1. Art Associations & Societies -1. Private & Public Agencies -1. Foundations and other Grant making Organizations -1. Art students and teachers. -1. Art Colleges & Universities Career Centers -1. Art Market Professionals -1. Patrons of the Arts DEFINITIONS OF USER TYPES
The following definitions of user types apply across We Art the People™
Users - All visitors to We Art the People™
Members -Ning Social Network Profiles
Directory Listing Members - Business directory listings (price up to $5 per year per premiun field)
Directory Listing Guidelines Attention artists applying to the Directory, please read the guidelines below as acceptance to the registry are dependent on meeting some of these standards. In addition, following such practices will increase your viewers. Please remember that this is a serious Directory and not a service designed to advertise an individual piece of art. This service is designed to provide patrons and/or professionals a resource in locating creative professionals of interest and/or artists for commissioned work. People will go to your web site based on the narrative about you, your art, and your sample given. Posts with the sole purpose of advertising an individual piece are discouraged and may be deleted.
Be complete. Your listing should be as self-contained as possible, as viewers will decide on further enquiry based on the information you include about yourself.
Media Tools. All media tools on the weartthepeople.ning.com site are free and are subject to the terms and conditions oulined by Ning. Our free Directory listings include one free up-loadable image. Upgraded listings include the capacity to upload 5 digital image. You can always replace your posting at anytime with other images, info etc, Provide an images that best represents your versatility. Artist listings without images will more likely be ignored by viewers of the Directory.
About your Description of work. Do not list your website address in the body of your listing as it is included automatically for our clients in the space provided. Web address inclusion in Free Page descriptions are prohibited and will be promptly deleted from our network. Your artist statement should be about you and your art or your services.
RECIPROCAL MENTION IS ENCOURAGED FOR OUR MEMBERS. It is also a suggested and encouraged that you that you mention the directory and/or place the following logo on your web site (if you have a web site). This is an important element and contributes to you and your fellow artists community exposure. Please contact
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for a logo that meet the spec appropriate for your web site.
TERMS OF USE
CONDITIONS OF USE The following terms and conditions ("Terms and Conditions") govern your use of this web site (the "Site"), and by accessing, viewing, or using the material on the Site, you indicate that you understand and intend these Terms and Conditions to be the legal equivalent of a signed, written contract, and equally binding, and that you accept such Terms and Conditions and agree to be legally bound by them. If you do not agree with the Terms and Conditions, you are not granted permission to use the Site and should exit immediately. You are entirely responsible and liable for all postings to We Art the People.
NO WARRANTIES. Neither We Art the People nor any providers of information make any warranties, express or implied, as to results to be obtained from use of such information, and make no express or implied warranties of merchantability or fitness for a particular purpose or use. Neither We Art the People nor any of providers of information shall have any liability for the accuracy of the information contained in the service, or the contents of any advertisements, or for assertions or omissions therein. No party shall be liable to any other party or any third-party for third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. We Art the People reserves the right to remove any listings or any advertisements for any reason. In no case shall We Art the People be liable for any costs or events that occur beyond its control including, but not limited to, network outages, Internet connectivity problems and client side browser issues.
You expressly agree that use of We Art the People is at your own risk. We Art the People shall not be responsible to you for any content found on We Art the People. We Art the People expressly disclaims all warranties of any kind, whether implied warranties of merchantability, fitness for a particular purpose, and noninfringement. We Art the People makes no warranty that We Art the People will be timely, secure, error free, or meet your requirements; nor does We Art the People make any warranty as to the results that may be obtained from the use of We Art the People or as to the accuracy or reliability of any information obtained through We Art the People. No advice or information, whether oral or written obtained by you from We Art the People shall create a warranty not expressly made herein. You understand and agree that any content downloaded or otherwise obtained through the use of We Art the People is done at your own discretion and risk and that you will be solely responsible for any damages to your computer or loss of data that results in the downloads of such content. To the full extent permissible under the applicable law, We Art the People shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use We Art the People or for the cost of procurement of substitute goods and services resulting from any goods or services purchased or obtained through your use of the We Art the People classified ads system.
IMPROPER USE. Listed below are some, though not all, violations that may result in We Art the People deleting your postings. You agree not to harass, threaten, embarrass or slander any person or entity; transmit via We Art the People any information, data, text, files, links, software, chat, communication or other materials ("Content") that We Art the People considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, racially, ethnically or otherwise objectionable; impersonate in We Art the People any business or person, living or dead, famous or not; intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing We Art the People or in connection with your use of We Art the People in any manner.
User agrees not to use any robot, spider, or other automatic device to access the web site. User agrees not to take any action that imposes an unreasonable or disproportionately large load on our system.
We Art the People is under no obligation to provide exposure to competing sites through links or other methods in Member listings and may remove those at it's discretion, and without notice.
We Art the People does not support bandwidth theft, the linking of images from We Art the People to other sites, or the misuse of links from Other sites We Art the People. Anyone found linking images from We Art the People to other sites, copying content from We Art the People, or inappropriately linking to We Art the People (to increase their views - through use of hidden frames, or using programs to artificially raise page views etc.) will result in permanent REMOVAL from We Art the People without notification and may necessitate the notification of the appropriate State and/or Federal authorities.
Violation of these Terms and Conditions will cause your membership to be terminated and your web site to be removed from We Art the People without any notice whatsoever and without refund of any/all monies paid.
We Art the People may alter the content of the web site at any time. User agrees not to use any robot, spider, or other automatic device to access the web site. User agrees not to take any action that imposes an unreasonable or disproportionately large load on our system. We Art the People reserves the right, in its sole discretion, to terminate User's license and access to the web stie with or without notice.
We Art the People reserves the right, in its sole discretion, to terminate User's license and access to the web site for any or no reason, with or without notice
INTELLECTUAL PROPERTY. You agree that you will not upload or transmit any Content to We Art the People that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content to We Art the People you automatically grant -- or warrant that the owner of such Content has expressly granted -- We Art the People the royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Content (in whole or part) worldwide. (In more simple terms, that you are simply allowing us to display your submitted art in the format provided by the We Art the People). CONTENT. You must evaluate, and bear the risk associated with, the accuracy, veracity, completeness or usefulness of any Content. We Art the People makes no representations as to the accuracy, veracity, completeness or usefulness of any Content. We Art the People shall not be responsible for any Content. We Art the People does not prescreen or monitor all Content as a matter of policy, but We Art the People shall have the right, but not the responsibility, to remove Content which is deemed in its sole discretion harmful, offensive, or otherwise in violation of this Agreement or any rules We Art the People has in place at the time. We Art the People may elect at its sole discretion to monitor some, all, or no areas of We Art the People for adherence to this Agreement or rules. You acknowledge that We Art the People and its affiliates do not control the information available on the bulletin boards and chat rooms and that any opinions, advice, statements, services, offers or other information or content presented or disseminated on any bulletin board or in any chat room are those of their respective authors who are solely liable for their content. We Art the People., and its affiliates reserve the right, in their sole discretion, to edit, refuse to post or remove any material submitted to or posted on the chat rooms or bulletin boards.
We Art the People may, but is not required to, alter the content of the web site at any time. PROPRIETARY RIGHTS. All material contained in this Site is protected by law, including but not limited to, United States copyright law. Except as indicated, the entire content (including images, text and look and feel attributes) of WWW.WEARTTHTEPEOPLE.COM is the property of CK Creations, Inc. Removing or altering the copyright notice on any material on the Site is prohibited. CK Creations, Inc. also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of such content. Any commercial use of this content is prohibited without the prior written consent of CK Creations Inc. All trademarks and logos are proprietary to CK Creations Inc. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. The reproductions of works of art herein displayed are not to be duplicated for personal use, for distribution, nor for sale. All rights reserved. Violators of these rights will be prosecuted to the full extent of the law.
Any communication or material you post or transmit to We Art the People, and/or the Sites is, and will be treated as, non-confidential and non-proprietary. You assume full responsibility for anything you post or transmit, and you grant We Art the People, and its affiliates the right to edit, copy, publish and distribute any information or content you post or transmit for any purpose.
COMMUNICATIONS WITH OUR WEBSITE. We Art the People welcomes your feedback and suggestions about how to improve our products and services and this Site. By transmitting any suggestions, information, material, or other content (collectively, "content") to We Art the People, you automatically grant CK Creations Inc. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content. Further, We Art the People is free to use any ideas, concepts, know-how, techniques, and suggestions contained in any communications you send to this Site for any purpose whatever, including but not limited to creating and marketing products and/or services using such information. COLLECTION AND USE OF INFORMATION BY WE ART THE PEOPLE
General. We Art the People collects user submitted information such as name and email address to authenticate users and to send notifications to those users relating to the We Art the People service. We Art the People also collects other profile data including but not limited to: personal interests, gender, age, education and occupation in order to assist users in finding and communicating with each other. We Art the People also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site This data is used to manage the website, track usage and improve the website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes
User Profile information including members' pictures and first names are displayed to people in order to facilitate user interaction in the We Art the People social networking community. Email addresses are used for the purposes of inviting new friends to join We Art the People, to add users to members' friends' networks, and to send notifications related to the service. With the exception of inviting friends, adding friends, and notifications, a user's email address is not shared or displayed to people within a user's personal network Users within a personal network communicate on We Art the People with each other through the We Art the People service, without disclosing their email addresses. Users' full names are never directly revealed to other members. To facilitate searching and finding friends and acquaintances on the service, MySpace.com allows users to search for other members using first and last name, email address, and schools and/or companies where users may have attended or worked.
We may also use a user's email address to send updates, a newsletter or news regarding the service. Users may choose not to receive email of this type by changing their "notification" setting to "Do not send me notification emails" in the user "Account Settings". From time to time, We Art the People or a partner, may sponsor a promotion, sweepstake or contest on weartthepeople.com. Users may be asked to provide personal information including name, email address or home address or to answer questions in order to participate. We may transfer personal information to certain ad partners that you have explicitly requested to receive information from. It will be clear at the point of collection who is collecting the personal information and whose privacy statement will apply.
Use of cookies. We Art the People uses cookies to store visitors' preferences and to record session information, for purposes including ensuring that visitors are not repeatedly offered the same advertisements and to customize newsletter, advertising, and Web page content based on browser type and user profile information. We do not link the information we store in cookies to any personally identifiable information you submit while on our site. You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set -- each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences -- however, you must enable cookies from We Art the People in order to use most functions on the site Please note that We Art the People allows 3rd party advertisers that are presenting advertisements on some of our pages to set and access their cookies on your computer. Advertisers' use of cookies is subject to their own privacy policies, not the We Art the People Privacy Policy.
PRIVACY STATEMENT. This Privacy Statement discloses the information gathering and dissemination practices of CK Creations Inc. dba We Art the People ("We Art") in connection with WWW.WEARTTHEPEOLE.COM. We Art the People can be contacted by mail at 222 Westover Drive Asheville, NC or by e-mail at
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You should be aware that if you voluntarily disclose personal information (e.g., user name, email address) on a bulletin board or in a chat room, that information can be collected and used by others and may result in unsolicited messages from other parties. Collection of Personal Information from Site Visitors. We Art the People may collect and/or track (1) the home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of Web browser of visitors to the We Art the People Web site, (2) the e-mail addresses of visitors that communicate with We Art the People via e-mail, (3) information knowingly provided by the visitor in online forms, registration forms, surveys, e-mail, contest entries, and other online avenues (including personal profile data), and (4) aggregate and user-specific information on which pages visitors access. We Art the People may place Internet "cookies" on visitors' hard drives. Internet cookies save data about individual visitors, such as the visitor's name, password, user-name, shopping cart, screen preferences, and the pages of a site viewed by the visitor. When the visitor revisits We Art the People Web site, We Art the People may recognize the visitor by the Internet cookie and customize the visitor's experience accordingly. Visitors may decline Internet cookies, if any, by using the appropriate feature of their Web client software, if available. Use of Personal Data Collected. Personal data collected by We Art the People may be used by We Art the People for many reasons, for example, for editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users' behavior, for product development, for content improvement, or to customize the content and layout of We Art the People site. Aggregate data on visitors' home servers may be used for internal purposes or provided to third parties such as marketing firms. Individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to We Art the People may be 1) added to We Art the People databases and used for future calls and mailings regarding site updates, new products and services, and upcoming events, or (2) provided to reputable third parties who provide products and services which We Art the People believes that visitors may be interested in purchasing or obtaining. Disclosure of Personal Data to Third Parties. Any third party to which We Art the People shares, rents, sells, or otherwise discloses personal data for marketing purposes will be under a contractual obligation to use the personal data solely for marketing products and services which We Art the People determines, in its sole judgment, that visitors might find of interest. We Art the People will use its reasonable efforts to identify whether such third parties may have products or services of interest to visitors to We Art the People site. However, such parties are independent third parties over which We Art the People exercises no control, and therefore We Art the People is not responsible for their conduct, products, or services, and will not be liable therefore. We Art the People will only disclose to third parties information in aggregate form, that is publicly available, and/or that is knowingly and voluntarily disclosed by visitors. Access to and Ability to Correct Personal Data. Upon request via postal mail, e-mail, or phone, We Art the People will provide to visitors a summary of any personally identifiable information retained by We Art the People regarding the visitor. Visitors may modify, correct, change or update personally identifiable information that We Art the People has collected via this Web site or may cause their personal record to be removed from We Art the People database by contacting We Art the People via postal mail, e-mail, or telephone at the addresses above. We Art the People Right to Contact User. We Art the People reserves the right to contact site visitors regarding account status and changes to the subscriber agreement, privacy statement, or any other policies or agreements relevant to site visitors. We Art the People Right to Change Privacy Statement. We Art the People reserves the right to change this Privacy Statement at any time by notifying visitors of the existence and location of the new or revised privacy statement. Any change to this Privacy Statement shall be effective as to any visitor that has accepted the We Art the People Web Site Terms and Conditions before the change was made. If, however, we are going to use users' personally identifiable information in a manner materially different from that stated at the time of collection we will notify by posting a notice on our Web site for 30 days. We Art the People cares deeply about online privacy If you have any questions concerning this privacy policy, please email us at
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information Corrections and Changes. While we endeavor to keep these materials up to date, We Art the People cannot assume responsibility for any errors or omissions in these materials. We Art the People does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. We Art the People may make changes to these materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. We Art the People™ reserves the right to terminate your access to the Site in the event that you violate these Terms and Conditions, or for any reason whatever. Indemnification. You agree to defend, indemnify, and hold harmless We Art the People™, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney's fees and litigation expenses) relating to or arising from your use of the Site and any breach by you of these Terms and Conditions.
Use of the Internet. Use of the Internet is solely at your own risk and is subject to all applicable state, national and international laws and regulations. Neither We Art the People nor its affiliates will be liable for any loss resulting from your use of this website, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.
We Art the People, and its affiliates do not review or monitor any web sites linked to We Art the People and are not responsible for the content of any such linked web sites. Your linking to such web sites is at your own risk. Governing Law and Jurisdiction. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its choice of law rules. By accessing, viewing, or using the material on the Site, you consent to the jurisdiction of the federal and state courts presiding in Asheville, North Carolina, and agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. This Site is controlled and operated by We Art the People from its offices within the United States. We Art the People makes no representation that materials in the Site appropriate or available for use in other locations, and access to them from territories where their contents are illegal are prohibited. Those who choose to access this Site from other locations do so on their own volition and are responsible for compliance with applicable local laws. Amendment of Agreement. We Art the People may amend this Agreement at any time by posting notice that this Agreement has been amended and the amended Agreement on the We Art the People website. User's continued use of the web site after such notice shall be deemed acceptance of the amendment. User acknowledges that such notice and manner of amendments are reasonable. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and We Art the People with respect to your use of the Site. Links. We Art the People contains links to sites. We Art the People is not responsible for the privacy policies and/or practices on other sites. When linking to another site a user should read the privacy policy stated on that site. Our privacy policy only governs information collected on We Art the People. Chat Rooms, Journals and WebLogs, Message Boards, Classifieds and Public Forums. Please be aware that whenever you voluntarily post public information to Journals, WebLogs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
Correcting/Updating or Removing Information. We Art the People Members may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info. Email Choice/Opt-out. Members who no longer wish to receive updates or notifications may choose not to by selecting 'Do not send me notification emails' in the user profile 'Account Settings'. Users who do not wish to receive We Art the People newsletters may choose not to by selecting 'Do not send me We Art the People newsletters' in the user profile 'Account Settings'. All notification emails and We Art the People newsletters also include the above instructions for opting-out of those communications in the future.
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Security. We Art the People member accounts are secured by member-created passwords. We Art the People takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time. For any additional information about the security measures we use on We Art the People, please contact us a
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CONTACTING THE WEBSITE. If you have any questions about website use guidelines, these terms of use, the practices of this site, or your dealings with this Web site, please contact us at:
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(2316 Bull Run Drive Apex, NC 27539)
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