BY USING THE « NOENGA™ Vocation for Art » WEBSITES YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Your use of the « NOENGA™ Vocation for Art » Websites; www.noenga.com , www.vocationforart.com , www.noengacommunity.com, constitutes your acknowledgement and acceptance of the terms and conditions of this Agreement, and you shall be bound by such terms and conditions. These general conditions shall be applicable to your use of the « NOENGA™ Vocation for Art » Website(s) and any agreement or (other) arrangement between you and us in connection with the Website or its Services.
If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access any portions of the « NOENGA™ Vocation for Art » Websites or use any services offered on the Websites.
Last update: 2017 April the 5th
- Membership account/registration Data/Account Security: Noenga Community only
- Proprietary Rights in Site Content; Limited License
- Disclaimers / User Conduct
- User Content Posted on the Sites
- Upload of works: Noenga Community only
- Credits: Noenga Community only
- Copyright Complaints
- User Disputes
- Limitation on Liability
- Applicable law and competent court
Membership account/registration Data/Account Security: Noenga Community only
You acknowledge and agree that you are to keep confidential the Membership Name and Membership Account provided by « NOENGA™ Vocation for Art » to you, and the Membership Password selected by you and approved by « NOENGA™ Vocation for Art » for use with such Membership Name and Membership Account. Your Membership Name, Membership Account and Membership Password are personal to you and may not be shared with, or transferred to, any other person or entity.
You acknowledge and agree that you will be solely responsible for each and every use of your Membership Account, Membership Name and Corresponding Password, and that « NOENGA™ Vocation for Art » may rely on the use of your Membership Account, Membership Name or Membership Password as conclusive evidence that you have used the Website.
In consideration of your use of the Site, you agree to be 18 years or older and (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to « NOENGA™ Vocation for Art » , to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account
You agree to indemnify, defend and hold harmless « NOENGA™ Vocation for Art » , and its affiliates, and their respective officers, directors, employees, owners, agents, programmers, representatives, licensors and (sub)licensees (collectively, “Indemnitees”) from and against all claims, expenses (including attorney fees) or other liability arising from your breach of any of your representations, warranties or obligations under this Agreement, and from any and all uses by you of « NOENGA™ Vocation for Art » (including any uses under your Membership Account or Membership Name, whether or not authorized by you), including, without limitation, any claims or actions based on infringement or violation of intellectual property rights, libel or slander or other defamation, right of privacy or “false light”, right of publicity or blurring or distortion or alteration of any Work or other material or content whether or not intentional. « NOENGA™ Vocation for Art » shall have the right, in its sole discretion, to control the defense of any claim, action or matter subject to indemnification by you with counsel of its own choosing. You shall fully cooperate with « NOENGA™ Vocation for Art » in the defense of any such claim, action or matter.
Proprietary Rights in Site Content; Limited License
All content on the « NOENGA™ Vocation for Art » websites including designs, web-design and programming, text, graphics, logos, pictures, video, information and other files, and their selection and arrangement (the "Site Content"), are the property of « NOENGA™ Vocation for Art » or its artists with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without « NOENGA™ Vocation for Art´s » prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact.
NOENGA™ , Vocation for Art , Noenga community, .net, .org, and other graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress. « NOENGA™ Vocation for Art » trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of « NOENGA™ Vocation for Art ».
Disclaimers / User Conduct
« NOENGA™ Vocation for Art » is not responsible or liable in any manner for any User Content or Content posted on the Site. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. « NOENGA™ Vocation for Art » is not responsible for the conduct, whether online or offline, of any user of the Site or Service.
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. « NOENGA™ Vocation for Art » assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. « NOENGA™ Vocation for Art » is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including without limitation any Mobile Client software. Under no circumstances will « NOENGA™ Vocation for Art » be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
« NOENGA™ Vocation for Art » reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice.
In addition, you agree NOT to use the Service or the Site to:
use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communication.
Use automated scripts to collect information from or otherwise interact with the Service or the Site; upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
Register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes; Upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; intimidate or harass another; Upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law; Use or attempt to use another's account, service or system without authorization from the « NOENGA™ Vocation for Art » , or create a false identity on the Service or the Site.
Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of « NOENGA™ Vocation for Art » , is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose « NOENGA™ Vocation for Art » or its users to any harm or liability of any type.
User Content Posted on the Sites
« NOENGA™ Vocation for Art » , cannot be held responsible for any copyright violations, and cannot guarantee the legality of the Images stored in its system. If you want to make sure, always contact the artist’s. You use the site and the content at your own risk.
You are solely responsible for all content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that « NOENGA™ Vocation for Art » may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including without limitation User Content that in the sole judgment of the « NOENGA™ Vocation for Art » violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to « NOENGA™ Vocation for Art » .
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to « NOENGA™ Vocation for Art » an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to commercially use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works such User Content, and to grant and authorize sublicenses of the foregoing.
Upload of Works: Noenga Community only
A Member shall upload a Work through his or her Membership Account, and such Work shall be subject to an applicable Content Upload Agreement based on criteria specified by « NOENGA™ Vocation for Art » to exclusivity, permitted uses of the Work and the like. The Member shall also enter keywords and a description of the Work so that the Work can be categorized and be searched by the Website"s search engine. « NOENGA™ Vocation for Art » may also, in its sole discretion, place certain types of limits on the uploading of Works.
You may remove your User Content from the Site at any time. If you choose to remove your User Content you acknowledge that « NOENGA™ Vocation for Art » may retain archived copies of your User Content.
Credits: Noenga Community only
Actions on the Website shall be conducted using Website credits (“Standard Credits”) We, in our sole discretion, may grant you Offered Credits from time to time. You may never redeem Offered Credits for cash, and can only use Offered Credits for (trans)actions on the Website.
We highly respect the intellectual property rights of others and we prohibit users from uploading and (otherwise) posting materials on the Website, that violate another party's intellectual property rights. If you believe that any material on the Website infringes upon any copyright which you own or control, please provide us via email with subject: "Copyright complaint", the written information specified below:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest. A description of the copyrighted work that you claim has been infringed upon. A description of where the material that you claim is infringing is located on the Website, including the foto ID number, if applicable.
Your address, telephone number, and e-mail address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please note that we have copyright arrangements with content providers and assume no responsibility for any mistakes, legal and copyright disagreements, miscommunications or misunderstandings between those parties and the artists they work or worked with. If your complaints are not directly our responsibility, you will therefore be referred to the party responsible for that particular copyright.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
Limitation on Liability
In no event will « NOENGA™ Vocation for Art » or its directors, programmers employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the site or the service or any of the site content or other materials on, accessed through or downloaded from the site, even if the « NOENGA™ Vocation for Art » is aware or has been advised of the possibility of such damages.
1. « NOENGA™ Vocation for Art » will record the Personal Data provided by the Users to use in its database.
2. If the « NOENGA™ Vocation for Art » websites are used, the data provided, including without limitation, name, address and place of residence, e-mail address and bank account number, shall be complete, accurate and current. The User warrants that he is legally authorized to use the « NOENGA™ Vocation for Art » websites in any way.
3. The Personal Data will be used to enable Users to conclude an Agreement.
4. By registration of the user at the « NOENGA™ Vocation for Art » website , the user consents to the use of the personal data, with due observance of the law, for activities such as analysis, site improvement and occasional mailings of relevant information about « NOENGA™ Vocation for Art ».
6. Personal data will not be provided to third parties, unless necessary for technical or legal reasons.
7. Noenga may use so-called cookies or other technical means, including storage of the User’s password and/or IP address, to personalize experiences with « NOENGA™ Vocation for Art » websites.
8. Within the framework of its policy to prevent abuse of the « NOENGA™ Vocation for Art » websites, we may, in response to a substantiated request, provide personal data of « NOENGA™ Vocation for Art » websites Users to investigating officers and/or institutions charged with law enforcement.
If you wish to deactivate your Noenga Community account, please send an email to: support (at)noenga.com
« NOENGA™ Vocation for Art » may terminate your membership, delete your profile and any content or information that you have posted on the Site or prohibit you from using or accessing the Service or the Site (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including without limitation.
Applicable law and competent court
These general conditions or any agreement or (other) arrangement between you and « NOENGA™ Vocation for Art » are construed under and governed by the laws of The Netherlands.
Any dispute between you and us in connection with these general conditions or any agreement or (other) arrangement between you and us shall be exclusively settled before the competent court of Amsterdam, The Netherlands.