SECURITYOneinkstain.com takes precautions to ensure 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 we cannot guarantee the security of member account information.
Content Posted on the Site
- You understand and agree that Oneinkstain.com may review and delete any content, message, photo or profile (collectively, â€œContentâ€) that in the sole judgment of Oneinkstain.com violate this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any Member.
- You are solely responsible for the Content that you publish or display (hereinafter, â€œpostâ€) on the Service or any material or information that you transmit to other Members.
- By posting any Content to the public areas of the Website, you hereby grant to Oneinkstain.com the non-exclusive, fully paid, worldwide license to use, publicly perform and display such Content on the Website. This license will terminate at the time you remove such Content from the Website. You represent and warrant that: (i) you own the Content posted by you on the Website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay for all royalties and fees owing any person by reason of any Content you post on the Website.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. Oneinkstain.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. Prohibited Content includes Content that: i. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; ii. harasses or advocates harassment of another person; iii. involves the transmission of â€œjunk mailâ€, â€œchain letters,â€ or unsolicited mass mailing or â€œspammingâ€; iv. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; v. promotes an illegal or unauthorized copy of another personâ€™s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; vi. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page); vii. provides material that is sexual in nature; viii. provides instructional information about illegal activities such as making or buying illegal weapons, violating someoneâ€™s privacy, or providing or creating computer viruses; ix. solicits passwords or personal identifying information for commercial or unlawful purposes from other users; or x. is irrelevant to the art industry and the stated purpose of this website.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
Copyright PolicyYou may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Oneinkstain.com to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Oneinkstain.com by the copyright owner or the copyright ownerâ€™s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: 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; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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 ownerâ€™s behalf.
Member DisputesYou are solely responsible for your interactions with other Oneinkstain.com Members. Oneinkstain.com, reserves the right, but has no obligation, to monitor disputes between you and other Members.
DisclaimersOneinkstain.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service provided, whether caused by Members of the Website or by any of the equipment or programming associated with or utilized in the Service. Oneinkstain.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. Oneinkstain.com 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, any user or Member communication. FineArtAmerica.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any Website or combination thereof, including any injury or damage to users and/or Members or to any personâ€™s computer related to or resulting from participation or downloading materials in connection with the Website and/or in connection with the Service. Under no circumstances shall Oneinkstain.com be responsible for any loss or damage, including personal injury or death, resulting from use of the Website or the Service or from any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided â€œAS-ISâ€ and Oneinkstain.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Oneinkstain.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service. Limitation on Liability IN NO EVENT SHALL ONEINKSTAIN.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE OR THE SERVICE, EVEN IF ONEINKSTAIN.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ONEINKSTAINâ€™S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO AMOUNT PAID, IF ANY, BY YOU TO ONEINKSTAIN FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
DisputesIf there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that any dispute shall be governed by the laws of the State of New Delhi without regard to conflict of law provisions and you agree to personal jurisdiction by and venue in the state and federal courts of the State of Delhi, city of New Delhi.
IndemnityYou agree to indemnify and hold Oneinkstain.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneysâ€™ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
OtherThis Agreement is accepted upon your use of the Website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and FineArtAmerica.com regarding the use of the Website and/or the Service. The failure of Oneinkstain.com to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please contact us with any questions regarding this Agreement. Notice of Copyright Infringement under the Digital Millennium Copyright Act (DMCA)
In order to submit a claim that material on this website infringes a right arising under copyright law, please send written notice to support -at- oneinkstain.com.All notices must include the following information: â€” Your complete contact information (full name, mailing address, email address, and phone number) â€” A description of the copyrighted work that you claim has been infringed â€” A description of the content on this web site that you claim infringes your copyright interest â€” Information reasonably sufficient to permit us to locate the infringing material on our website, such as the exact web address (URL) that leads directly to the display of the allegedly infringing content â€” A signed declaration that states: 1. That you have a good faith belief that use of the copyrighted content described above in the manner you have complained of is not authorized by the copyright owner, its agent, or the law; 2. That the information contained in your notice is accurate; 3. That you declare under penalty of perjury that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 4. Your electronic signature or physical signature. The law provides that anyone who knowingly materially misrepresents that material or activity is infringing under 17 U.S.C. 512(f) of the Digital Millennium Copyright Act (DMCA) may be liable for any damages, including costs and attorneysâ€™ fees incurred. I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.