Here you can find all of the legal information related to Elizabeth’s Canvas and uploading artwork to the site. Click on one of the sections below to skip to that section.
- ACCESS TO WEBSITE. You are entirely responsible for maintaining the confidentiality of your password or other user credentials for accessing the Site or any Service. You may not use the profile, username, or password of someone else at any time. You agree to notify Company immediately upon any unauthorized use of your profile, username, or password. Company shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your profile or password.
- UPLOADED USER CONTENT. You grant Company a license to use the materials you upload to the Site. A complete statement of Company’s current License Agreement can be found by clicking here.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services 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, the “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 username. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- COPYRIGHT INFRINGEMENT. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services 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 email 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 at:
Elizabeth’s Canvas, Inc.
18615 Hillsboro Rd.
Northridge, CA 91326
- 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 SERVICES. 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 SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES 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 Services. You are prohibited from violating or attempting to violate any security features of the Site or the Services, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or profile that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, 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 or the Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or the Services to send unsolicited email, 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 email or in any posting using the Services; 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 or the Services. Any violation of system or network security may subject you to civil and/or criminal liability.
- COPYRIGHT. All contents of the Site or the Services are: Copyright © 2010 Elizabeth’s Canvas, Inc., 18615 Hillsboro Rd., Northridge, CA 91326. All rights reserved.
- 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.
- DISCLAIMER ON INFORMATION AND ADVICE. Nothing on this Site is intended to be, nor should it be construed as, professional advice, medical or otherwise. This Site and the information contained on it are not a replacement for obtaining professional medical care, and you should consult a trained medical professional for consultation, diagnosis, and treatment of cancer or any topic covered on this website.
- SITE VISITORS OUTSIDE THE UNITED STATES. Company and the server which makes this Site available worldwide are located in the United States. All matters relating to this Site are governed by the laws of the State of California. Any information you provide will be transferred to the United States. By visiting this Site and submitting information, you authorize this transfer.
- Elizabeth’s Canvas will not share any of your personal information with third parties.
- You will not be required to share personal information with Elizabeth’s Canvas or other users. Many of our online features are available to anyone who would like to visit, with or without a profile. Our mission is to prove that cancer will never erase the creative spirit. We help connect those touched by cancer—cancer patients, survivors and their family members—with one another through the healing power of art.
Information You Provide
You are free to browse our website and view much of the content without ever having to identify yourself or create a profile.
If you want to take online classes, purchase art, upload art, or donate to Elizabeth’s Canvas, you will be asked to create a profile.
If you choose to create a profile, we will gather the following personal information on our website: your name, a password for your profile, your email address, your mailing address, the illness that has touched your life, and a diagnosis date for the illness. Other than your name, which will be displayed with any artwork you upload to our website, this information will not be made public on our website and will not be provided to third parties at any time.
If you would like to upload artwork to our gallery, you will be asked to first create a profile. We will also ask you to submit a brief biography and to describe the background of your artwork. Your biography and the background of the artwork will be visible to the public on our website.
We reserve the right to ask for additional information to establish and maintain your profile at any time.
Information We Collect Automatically
Your web browser offers “cookies,” which, if you allow their use, store data on your computer when you visit a website. Cookies do not contain personal information, but help the website interact with your computer to enhance your experience. For instance, you may want our website to remember you so that you will not have to provide a password every time you want to log in to our website. This is possible through cookies. Your browser configurations will dictate whether or not you allow cookies, but we use the information to track what pages our users are most attracted to, how long our users remain logged in, and to protect users by logging them out of our website after a period of inactivity.
We also automatically collect information about your usage of the website, through your IP address, so that we can measure the popularity and usefulness of our website.
What We Do With Collected Information
We use the personal information we collect to fulfill your requests. For instance, if you wish to receive communications from us, we will use your name, email address, or mailing address to maintain contact with you. If you wish to post artwork in our gallery, we will use the information you share to help present your artwork on the website.
We may, at times, produce reports containing aggregate information about our users, such as the success of art therapy amongst cancer patients, user location and illness type in order to evaluate our efforts and develop outreach strategies. Our reports will not contain any personally identifiable information and the reports will not be shared with third parties at any time.
What We Do To Protect Your Information
We institute various electronic and administrative safeguards to make sure we are protecting your personal information. We use technologies and other programs to protect your data from hackers or other unauthorized users. In addition, information in your profile is protected by a password created by you, so you can limit who can access and change your profile information.
Should you choose to donate to Elizabeth’s Canvas via our website, we use PayPal to process the transactions so that we never have access to your personal financial information. PayPal provides a secure environment for the submission of this information.
What You Can Do To Protect Your Information
Ultimately, you are in control of the information you provide to Elizabeth’s Canvas, so you should not post or submit any information you are not comfortable sharing or having posted on our website.
If you are no longer interested in receiving email announcements and other marketing information from us, or if you would like to remove your information from our database, please contact us at email@example.com or (818) 216-6390.
Elizabeth’s Canvas makes use of third parties to help run its operation. For instance, we use Fine Art America to help users purchase artwork, and we use PayPal to make donating online easier and more secure. We do not make any representations regarding any third parties’ privacy policies, nor do we make any guarantees about the information you submit to these sources.
We also provide links on our website to other websites. In addition, there are some websites that link to our website. We have no control over whether another website links to our website, nor are we able to control the policies or privacy practices of any website other than our own. Thus, we cannot make any guarantees about the policies or privacy practices of other websites. The existence of a link to or from our website does not imply an endorsement of another website, nor are we responsible for the content of any other website. We also are not responsible for any personal information you provide while visiting such other websites.
Protecting Our Website
Notwithstanding anything contained herein to the contrary, we reserve the right to use or disclose any information without notice or consent as needed to: satisfy any law, regulation, or legal request; investigate consumer complaints or possible violations of the law; protect the integrity of our website and our property; protect the safety of our visitors or others; participate in any legal investigation; or fulfill your requests.
Contact Us with Questions or Concerns
Via Email: firstname.lastname@example.org
Via Phone: (818) 216-6390
Elizabeth’s Canvas, Inc.
18615 Hillsboro R.
Northridge, CA 91326
Elizabeth’s Canvas (“Company”) plans to raise funds by soliciting artwork to be displayed on Company’s web site and eventually reproduced and sold by Company. This License Agreement (“Agreement”) is made between Company and those who contribute art to Company’s web site (“you”). You and Company are collectively referred to as the “parties.”
BY CLICKING THE ACCEPTANCE BUTTON OR UPLOADING ANY ARTWORK TO COMPANY’S WEB SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT.
General Conditions. You represent and warrant to Company that (i) each work of art that you submit, upload, or otherwise transmit to Company’s website (each an “Uploaded Work”) is an original work of art solely created by you, (ii) the reproduction, display, sale or distribution of copies of such Uploaded Work by Company (only as permitted under the license in Section 2 below) will not infringe or violate any other person’s copyright or other intellectual property rights or any right of privacy of another person, (iii) you are over the age of eighteen (18) and have the right, power and authority to grant to Company the license granted in Section 2 hereof, (iv) all information provided by you to Company is truthful, accurate and complete. You agree to indemnify and hold harmless Company and its agents from and against any losses, damages, liabilities, costs and expenses, including without limitation attorneys’ fees and other costs of defense, arising from or related to any breach or alleged breach of the foregoing representations and warranties.
a. Subject to the rights granted to Company hereunder, you retain ownership of the copyrights in each of the Uploaded Works.
b. You hereby grant to Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license (i) to reproduce Uploaded Work for purposes of displaying such Uploaded Work on Company’s web site and (ii) to publicly display each Uploaded Work on Company’s web site in the manner determined by Company in its sole discretion. Additionally, you acknowledge that Company may display your name in connection with the Uploaded Work (e.g. in a copyright notice).
c. In addition to the other licenses granted herein, you hereby grant to Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce any and all Uploaded work, and to distribute, and sell any and all Uploaded Work and copies or reproductions thereof, as part of the fundraising operations of the Company. This license will extend to any third party that Company may reasonably employ to complete its fundraising operations.
d. For each individual Uploaded Work, you may, at the time the Uploaded Work is submitted, uploaded, or otherwise transmitted to Company, decline to grant Company distribution and sale rights for the Uploaded Work. If you decline to grant Company distribution and sale rights for any particular Uploaded Work, Section 2.c. shall not apply as to that Uploaded Work.
e. Company shall own all copyrights and other rights to its web site and promotional materials which incorporate copies or derivatives of any Uploaded Work, subject to your retained ownership of the Uploaded Work.
No Obligation to Post Uploaded Works. Company has no obligation to display any Uploaded Works and Company, in its sole discretion and for any reason, may decide not to permit the display of any Uploaded Work and may at any time remove any Uploaded Work from Company’s web site without notice and without any liability to Company.
Miscellaneous. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Company. Additionally, no action of Company, other than express written waiver, may be construed as a waiver of any provision of this Agreement. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns.
California Law. This Release Agreement is governed by California law, excluding any conflicts of laws principles.