Digital Consciousness Terms of Service
  1. Digital Consciousness, a California corporation (DC) allows persons (Users) to publish and to retrieve information including data, files and images (Published Material) on the digitalconsciousness.com and digitalconsciousness.net domains (the Domains) in accordance with these Terms of Service (TOS). The TOS may be updated by DC from time to time without notice to Users. The current version of the TOS is available for viewing at http://digitalconsciousness.com//terms.phtml.

  2. DC charges fees for certain functions; others are free. The current fee schedule is:

    Artist Pages

    Database Viewing

    Art Competitions

    Newsletter

    Internet Directory

    Bulletin Board

    Passionflower Top Art
    Free
    Enterprise Pages $20 per year for 20 pages; $1 per year for each additional page.
    Galleries $30 per year for 20 galleries; $1 per year for each additional gallery.
    All Services, including 20 Enterprise Pages and 20 Galleries: $40 per year.

    DC may change its fees without notice. Waiver or discount of fees for a User creates no obligation to continue such waiver or discount. DC may waive or discount fees to some Users without obligation to waive or discount fees to other Users. All fees are fully earned upon payment and non-refundable.

  3. DC reserves the right to terminate any User's access to the Domains or parts thereof for nonpayment, for violation of the TOS for any other reason.

  4. All services of DC are provided "as is".

  5. DC may modify or discontinue its services or any User's account with or without notice to any User, without liability to any User or any third party.

  6. User uses DC services at User's sole risk. User is solely responsible for any damage to User's computer system or loss of data that results from the download or retrieval of Published Material.

  7. The DC newsletter is emailed monthly. By becoming a registered artist, User agrees to supply a valid email address and to accept the newsletter as well as any administrative email which may be necessary. Web visitors may also indirectly send email to User -- DC will send such emails through its system, and will not reveal User's email address to any visitors. User may opt out of receiving the newsletter, but doing so will also disable User's ability to receive feedback from visitors and also disable User's ability to request a forgotten password by email.

  8. DC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

  9. DC MAKES NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF DC SERVICES, the ACCURACY OR RELIABILITY OF ANY Published Material, or the GOODS OR SERVICES advertised on the Domains. DC SERVICES may not MEET USER'S REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

  10. DC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE DC SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF DC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. User is responsible for maintaining the confidentiality of User's passwords. User is responsible for all uses of User's account, whether or not authorized by User. User agrees to immediately notify DC of any unauthorized use of User's account.

  12. User agrees to indemnify, defend and hold harmless DC, its shareholders, officers, directors, employees, agents, successors and assigns from any and all third party claims, liability damages and costs arising from User's use of DC in violation of the TOS or User's infringement of any intellectual property or other right of any person or entity.

  13. The TOS will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence. Disputes arising from the TOS shall be exclusively subject to the Federal Courts of the United States or the State Courts of California and jurisdiction for such disputes shall rest solely in Los Angeles County, USA.

  14. If for any reason a court of competent jurisdiction finds any provision or portion of the TOS to be unenforceable, the remainder of the TOS will continue in full force and effect.

  15. The TOS will inure to the benefit of DC's successors, assigns and licensees.

  16. The TOS constitute the entire agreement between DC and Users with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

  17. User alone is responsible for the contents of the material User publishes and the consequences of any such postings.

  18. User agrees that User will not publish any material that is inappropriate, unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable in any manner or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation.

  19. DC assumes no responsibility for the timeliness, mis-delivery, deletion or failure to store Published Material.

  20. User acknowledges that material User publishes or posts on the Domains are public and not private communications. User consents to public display of images User publishes or posts on the Domains.

  21. DC reserves the right for any reason to remove without notice any Published Material, but has no obligation to delete any Published Material that a User or other person may find objectionable or offensive. DC is not responsible for the content of Published Material.

  22. DC may display, modify, transmit, distribute or delete material published by User without further permission from User.

  23. DC reserves the right to monitor some, all, or no areas of the Domains for adherence to the TOS or other rules that may be published from time to time. User acknowledges that by providing User with the ability to distribute User's content, DC acts as a passive conduit for such distribution and DC is not undertaking any obligation or liability relating to User's content.

  24. DC cannot guarantee that use of DC services can be done anonymously or in confidence. DC is not responsible for any harm that User or any person may suffer as a result of a breach of anonymity or confidentiality in respect to use of DC services or the Domains.

  25. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Domains belong to DC.
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