6Sides Terms of Service and User Agreement
This Agreement sets forth the standards of use for the website: www.6sides.org (the “Site”). The Site is owned and operated by 6Sides (the “Company”).
By using this site in any manner, including but not limited to visiting or browsing the Site, you
(the “user” or “you”) agree to be bound by the terms and conditions of the Agreement, including those additional terms and conditions and policies references herein and/ or available by hyperlink. These terms and any part thereof may be updated by 6Sides from time to time or new conditions may be imposed, including but not limited to, adding fees and charges for use without notice to you. Any use of this site by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions. It is your responsibility to check the terms and conditions regularly in case of any changes. We recommend that you print out a copy of this agreement and consult it whenever you propose to transact through 6Sides. This agreement takes effect Friday, March 25, 2011. This Agreement applies to all users of this site, including without limitation users who are vendors, customers, merchants, contributors of content, information, and other materials or services on the site.
If you do not accept all of these terms, then please leave this site immediately.
A. Description of service
a. 6Sides is providing an online art/entertainment selling and buying service (the “service”) giving artists an opportunity to display and sell work, and the guest with the opportunity to pursue and purchase the artists’ work.
b. 6Sides is not directly involved in the transaction between buyers and sellers. As a result, 6Sides has no control over the quality, safety, morality, or legality of any aspect of the items listed, the truth or accuracy of the listing, the ability of sellers to sell items or the ability of the buyers to pay for items.
c. 6Sides does not pre-screen users or the content or information provided by users. 6Sides cannot ensure that a buyer or seller will actually complete a transaction. 6Sides does not transfer legal ownership of items from the seller to the buyer. You agree to deal with any persons at your own risk.
d. All parties are responsible for obtaining access to 6Sides and that access may involve third party fees (such as internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access 6Sides.
e. You agree that 6Sides is a venue and as such is not responsible or liable for any content posted by you, other users, or outside parties on 6Sides. You use the 6Sides service at your own risk.
f. You understand and agree that you may receive certain communications from 6Sides such as service announcements and administrative messages, and that these communications are considered part of 6Sides membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance 6Sides shall be subject to the Terms of Service. You understand and agree that 6Sides is provided “as-is” and that 6Sides assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
g. 6Sides has the right, but not the obligation, to monitor any activity and content associated with this site. 6Sides may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such actions may include, but are not limited to, issuing warnings, suspension or termination of service, denying access, and/ or removal of any materials from the Site, including listings. 6Sides reserves the right and has absolute discretion to remove, screen, or edit any content that violates these provisions or is otherwise objectionable.
a. We will not use your personal information for any purpose or disclose it to any other person, unless you have given your consent to 6Sides to do so, either during registration or at some other time. We may, however, disclose this data without your consent if we are either compelled to do so by a law enforcement or governmental authority.
b. You acknowledge that 6Sides may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonable necessary to:
i. Comply with legal process
ii. Enforce the Terms of Service
iii. Respond to claims that nay content violates the rights of third parties, or
iv. Protect the rights, property, or personal safety of 6Sides, its users and the public.
C. Membership eligibility
i. 6Sides’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. 6Sides may, in its sole discretion, refuse to offer access to or use of the site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
i. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not 6Sides, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Service. 6Sides does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using 6Sides, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will 6Sides be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via 6Sides.
i. You agree to comply will all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by 6Sides policies in the Agreement and the 6Sides policy documents incorporated herein as well as all other operating rules, policies and procedures that may be published from time to time on the site by 6Sides, each of which is incorporated herein by reference and each of which may be updated by 6Sides from time to time without notice to you.
ii. In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by 6Sides from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
iii. You agree not to use 6Sides to:
1. Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
2. Harm minors in any way
3. Impersonate any person or entity, including, but not limited to, a 6Sides employee, or falsely state of otherwise misrepresent your affiliation with a person or entity
4. Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual of fiduciary relationships (such as inside information learned or disclosed as part of employment relationships or under nondisclosure agreements)
5. Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or proprietary rights (“Rights”) of any party.
6. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of unauthorized solicitation.
7. Upload, post, email, transmit or otherwise make available any material that contains software viruses or nay other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software of hardware or telecommunications equipment.
8. Interfere with or disrupt 6Sides or servers or networks connected to 6Sides, or disobey any requirement, procedures, policies or regulations of networks connected to 6Sides.
9. Intentionally or unintentionally violate any applicable local, state national or intentional law, including any regulations having the force of law.
10. Stalk or otherwise harass another.
11. Be false, inaccurate, or misleading.
12. Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
13. Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
14. Contain items that have been identifies by the U.S. Consumer Products Safety Commission.
15. Modify, adapt or hack 6Sides another website so as to falsely imply that it is associated with 6Sides.
16. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this agreement or other policy documents as posted on 6Sides.
1. Keep your password secure. You are full responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify 6Sides of any unauthorized use of your password or any breach of security. You also agree that 6Sides cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party that 6Sides without 6Sides’ express written permission.
v. Right to Refuse Service
1. 6Sides’ services are not available to temporarily or indefinitely suspended members. 6Sides reserves the right, in 6Sides sole discretion, to cancel unconfirmed or inactive accounts. 6Sides reserves the right to refuse service to anyone, for any reason, at any time. You acknowledge that 6Sides does not pre-screen Content, but that 6Sides and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via 6Sides. Without limiting the foregoing, 6Sides and its designees shall have the right to remove any content that violates the TOS or is otherwise objectionable.
D. Listing and Selling
a. Listing description: By listing an item or service on the Site you warrant that you and all aspects of the item comply with 6Sides’ published policies. You also warrant that you may legally sell the item. By listing an item, you assert that you are legally entitled to pass ownership of that item. You must accurately describe each item in the listing and you are liable for any errors or omissions in the description. Your listings may include text descriptions, graphics, pictures and other content relevant to the sale of that item. Any brand name or other indication of origin or manufacture which you include in the listing must be complete, accurate, and not capable of misleading any member. Listings not complying with this stipulation may be removed by 6Sides staff at their discretion.
b. As the seller, you must promptly ship or deliver the order in good faith as soon as you have accepted the order or as otherwise agreed with the buyer. You acknowledge and agree that you will promptly issue refunds when appropriate.
E. No Agency
a. You and 6Sides are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisee-franchiser relationship is intended or created by this Agreement.
F. Disclaimer Regarding Artist Information
a. Descriptions, specifications and other information about the art has been written and provided by the artist(s). 6Sides makes no warranties or representation whatsoever with regard to the product by any artist, and you acknowledge any information and warranties provided by the artist(s) shall be at your own risk.
G. Product Descriptions
a. 6Sides attempts to ensure products offered on the Site are as accurately as possible. However, we do not warrant that the product descriptions or other content of the Site as accurate, complete, reliable, current or error free.
a. 6SIDES, 6SIDES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS PROVIDE 6SIDES’ WEB SITE AND OTHER SERVICES ON AN “AS AVAILABLE” AND “AS IS” BASIS WITHOUT ANY WARRANTY OR CONDITION EXPRESS, IMPLIED OR STATUTORY. 6SIDES, 6SIDES’ SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, DATA ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
b. 6SIDES MAKES NO WARRANTY THAT
i. 6SIDES WILL MEET YOUR REQUIREMENTS
ii. 6SIDES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE
iii. THE RESULTS THAT MAY BE OBTIANED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE
iv. THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH 6SIDES WILL MEET YOUR EXPECTATIONS, AND
v. ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. VISITNG OUR SITE AND USING OUR SERVICE IS DONE AT YOUR OWN RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 6SIDES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. WE ARE NOT RESPONSIBLE FOR ANY DAMAGES OR LOST PROFITS RESULTING FROM OR IN CONNECTION WITH OUR SITE.
I. Limitation of Liability
a. In no event shall 6Sides, 6Sides’ subsidiaries, officers, directors, employees or suppliers be liable for any direct, indirect, general, punitive, special, compensatory, exemplary, incidental, or consequential damages, including lost revenue, lost profits, bodily injury, emotional distress, or loss of use, loss of data, of any other intangible losses, arising out of or related to the Site or to: the use of inability to use the Site; the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from 6Sides; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on 6Sides; or any other matter relating to 6Sides. This includes damages that may arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
J. Exclusions and Limitations
a. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections H and I may not apply to you and you may have additional rights.
a. The artist and guest agree to indemnify and hold 6Sides its owners, officers, employees, board of directors, affiliates, and subsidiaries harmless from any claim or demand, including damages, costs and attorney fees, made by any third party due or arising out of your use of the Site, any purchase made through the Site, the violation of the agreement, or violation of any law by you or your violations of the rights of a third party.
L. Alabama Courts Governing Jurisdiction and Compliance with Laws
a. 6Sides and the Site are operated and provided in the State of Alabama and as such are subject to the laws of the State of Alabama. Accessing the Site demonstrates your agreement to be subject to the laws of Alabama. Artist(s) and guest(s) assume knowledge of such law, and are responsible for compliance with the laws of the State of Alabama as well as federal and international laws.
M. Copyright, Registration and Trademark Information
a. With the submission of any products to 6Sides, the artist warrants and represents you own all rights, including but not limited to all U.S. copyright rights, in and to the product. You grant to 6Sides the world wide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative images for the purpose of marketing and presentation on the Site. If the rights of any third party are infringed upon, you agree to indemnify and hold 6Sides harmless form any claims or demand, including legal fees, or other costs incurred by 6Sides with respect of any such third party rights, claims or actions. All images on the Site are owned or licensed by 6Sides and cannot be used or reproduced without the Company’s express written consent. All products are artist-owned and protected by federal and international copyright law.
N. Notification of Copyright or Trademark Infringement
a. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact the seller to resolve the issue.
b. If you are unable to resolve the issue with the seller, please provide 6Sides with the following information:
i. Copy of your complete correspondence with the seller.
ii. An electronic physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
iii. A description of the copyrighted work or other intellectual property that you claim has been infringed
iv. A description of where the material that you claim is infringed is located on the site
v. Your address, telephone number, and email address
vi. 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
vii. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
O. License and Site Access
a. We grant you a limited revocable license to access and make personal use of the Site. However, you are not permitted to:
i. Reproduce, duplicate, copy, sell or otherwise exploit the Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Site Content”) for any commercial purpose.
ii. Use a robot, spider or data mining extraction tool or process to monitor, extract or copy Site Content (except in the operation or use of internet “search engines”, hit counters or similar technology)
iii. Use any meta tags, search terms, key terms, or the like that contain the Site’s name or trademarks used on the Site
iv. Engage in any activity that interferes with the Site or another user’s ability to use to Site
v. Modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Site and the services offered on the Site.
vi. Assist of encourage and third party in engaging in any activity prohibited by this agreement, or
vii. Upload, post, transmit, share, store or otherwise make available any content that 6Sides deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive or privacy or publicity rights, hateful, infringing upon any copyright, trademark or patent rights, or is racially, ethnically or otherwise objectionable.
P. Modification and Separability
Q. General Information
a. The Terms of Service constitute the entire agreement between you and 6Sides and govern your use of 6Sides, superceding any prior agreements between you and 6Sides. You may also be subject to additional terms and conditions that may apply when you use third-party content or third-party software. You agree that regardless of any statue or law to the contrary, any claim or cause of action arising out of or related to the use of 6Sides of the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.