Last Updated: 5/10/2017 (continuing under construction)
RESPONSIBILITY OF SUBMITIONS. Members only have access to anonymous portfolios. Members only are able to purchase from the Site. Artists entering an image of their work into this Site agree to give up all rights holding the Site responsible for any losses. If the author feels their art requires legal protection then it is their responsibility as the author to copyright each of the pieces they feel requires legal protection. It is not the responsibility of the Site to legally protect each image submitted with a copyright. Authors take full responsibility for the protection of their work. They may water mark images submitted or other forms of protection. The Site has disabled right click capability and added foster artists into each image submitted. If interested in copyright information here is a link.
USER ANONYMITY. It is at the sole discretion of artists to submit an image of a signed work. It is not the responsibility of the Site to protect artists anonymity. Anonymous portfolios is an extra feature of the Site for those interested in anonymity. The Site is not responsible for protecting the anonymity of any/all participating users.
PROCEEDS OF ART WORK. Artist have the choice to either donate all proceeds to the gallery or spit proceeds 50/50 with the gallery. Proceeds are necessary for the maintenance/growth of the gallery. Referral 10% of the art work proceeds is paid to the referrer.
PRICING. is established by asking the artist what their least acceptance amount is. We double it and add $50.00 shipping cost (to the artists for shipping).
REFERRALS. 10% of the art work proceeds is paid to the referrer. If an artist is referred by a member the member receives 10% of proceeds sold through the gallery from their list of artists. Each artist can only have one referrer. Each referrer is entirely responsible for keeping their list of artists and referral fees current.
PROCEEDS OF CONTRIBUTIONS. 100% proceeds from contributions are for the gallery. Any proceeds help pay employees, contractors building the site, art shows, events or any other funds deemed necessary at the sole discretion of Foster Artists needed to keep the site open and running.
AUCTIONS, SHOWS & EVENTS. If a painting is sold and the donation is difficult to get to the artist because the phone number has changed/disconnected, no response to e-mail or any other disruption of contact. Then the artists can re-connect in their time and claim donation through their profile and connection. It will be waiting for them when they reconnect with the gallery. Company shall not be liable for any loss that occurs as a result of artist not claiming their art. Artists take full responsibility of their art work under all circumstances at all times.
If the painting is not sold and there is no contact response from the artist. Then the painting can be sent to Foster Artists and will be on stand by for the next opportunity to be auctioned or sold.
VOUCHERS. When a member purchases a voucher to donate for a submission, $10.00 processing fee goes to the gallery. This fee is included in the price presented on the voucher.
USE OF SOFTWARE. Company may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Company, for your personal, noncommercial, home use only. Company does not transfer either the title or the intellectual property rights to the Software, and Company retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Company or its licensors and you may not copy or use them in any manner. Company reserves the right to disable links from third party sites to the website. You are prohibited from performing meta-searches of the Site, or sending automated queries to the Site.
USER CONTENT. As author and owner of your content you grant Company a license to use the materials you post to the Site. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. The Company does not action as an authorized agent on anyone's behalf.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
COPYRIGHT INFRINGEMENT. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at: Disclaimer
Name and address available upon request to firstname.lastname@example.org Disclaimer
NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
PROHIBITED USES. Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site. Any violation of system or network security may subject you to civil and/or criminal liability.
COPYRIGHT AND TRADEMARK. All contents of Site are: Copyright © 2015 Foster Artists. All rights reserved and Trademarked nationwide 2015. Address available upon request.
NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.
Comment: Consider expanding on this provision by expressly stating the intended audience and use of the site, such as promotion of products in the United States, or restricting the use of site, system, or networks by individuals in specified foreign jurisdictions. If jurisdictional issues are anticipated to be problematic, consider making this clause more prominent.
ENTIRE AGREEMENT. This Agreement, together with all other documents incorporated by reference herein, contains the entire agreement of the parties, and no representations, warranties or inducements have been made by either of the parties except as expressly set forth herein.
Disclaimer Foster Artists
PERSONAL INFORMATION WE MAY COLLECT. We may ask you for certain information referred to on this site as “personal information,” which includes information that pertains to your identity. Such information may include, but is not limited to, items such as your name, address, date of birth, age, gender, e-mail address, telephone number, or credit card or debit card number. You may be required to provide personal information to access or use certain parts of our website or features of the site. If you do not provide the requested personal information, you may not be able to access or use the features of the site where such information is requested.
GENERAL INFORMATION WE MAY COLLECT. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include your Internet Protocol (IP) address, which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network, which includes the World Wide Web. Your computer has an IP address, which is required in order for you to communicate with others via the Internet. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access the site, whether or not you provide us with any personal information.
GENERAL INFORMATION ABOUT YOU AND USE OF GENERAL INFORMATION. We will primarily use the personal information you provide and any general information we receive from you to provide products and services to you, including, but not limited to, the following: Disclaimer
To administer a content promotion survey or other site and to provide you with the relevant products or services (for example, to deliver a prize you may have won in a contest). 7.2 To send you information or materials via e-mail about products, offers, and news we think might interest you. This information may relate to products, offers, and news of the Company or its licensees or selected commercial partners. We send you this only if you have double-opted-in to receive e-mails from Company. If you no longer wish to receive any e-mails from us, or if you want to modify your personal data or want your personal data to be deleted from our database, please following the procedures outlined in Section 12. 7.3 To analyze visits to the website and learn about the interests of our visitors in aggregate and also on a personal level to better understand your interests and needs, so we can improve our products and services and deliver to you the type of content, features and promotions that you are most interested in.
PROTECTION OF YOUR PERSONAL INFORMATION AND GENERAL INFORMATION
Security Measures. In order to protect both the personal information and the general information that we receive from you through our website, we may implement various security measures, including implementing firewalls and taking payment only through SSL certified pages. 8.2. Risk of Interception. Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While Company strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using this site, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through this site and that any personal information, general information, or other data or information received from you through the site is provided to us at your own risk, which you expressly assume. Disclaimer
NO USE OF THIS SITE BY PERSONS UNDER 18 PERMITTED
AUTOMATIC COLLECTION OF COOKIES. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the website and that information helps us to understand your preferences and improve your website experience. Cookies are also used for such activities as remembering your user name and password, if you use such a feature on this site. You can turn off all cookies, in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Chrome, Mozilla, Firefox, or Internet Explorer). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
DELETING OR MODIFYING YOUR PERSONAL INFORMATION. You may cancel your registration at any time, and you may opt out of receiving any e-mails from Company. Additionally, you can choose to have all your personal information deleted from our database. You may opt out, or delete or modify your personal information, by visiting http://fosterartists.com/help-contact/, or emailing us at email@example.com for questions. We encourage you promptly to update your personal information when it changes.