legal stuff

Terms of Service:

The following terms and conditions govern all use of the todayinart.com website and all content, services and products available at or through the website, including, but not limited to, the todayinart.com Blog hosting service (“Blog Service”), (taken together, the Website). The Website is owned and operated by (“Today In Art”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Today In Art’s Privacy Policy) and procedures that may be published from time to time on this Site by Today In Art (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the web site. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these terms and conditions are considered an offer by Today In Art, acceptance is expressly limited to these terms.

1. Your todayinart.com Account and Site. If you create a on the Website, you are responsible for maintaining the security of your account and , and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the . You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Today In Art may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Today In Art liability. You must immediately notify Today In Art of any unauthorized uses of your , your account or any other breaches of security. Today In Art will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Responsibility of Contributors. If you operate a , comment on a , post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
   • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
   • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
   • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
   • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
   • the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
   • the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
   • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Today In Art or otherwise.

   By submitting Content to Today In Art for inclusion on your Website, you grant Today In Art a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting you. If you delete Content, Today In Art will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.

   Without limiting any of those representations or warranties, Today In Art has the right (though not the obligation) to, in Today In Art’s sole discretion (i) refuse or remove any content that, in Today In Art’s reasonable opinion, violates any Today In Art policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Today In Art’s sole discretion. Today In Art will have no obligation to provide a refund of any amounts previously paid.

3. Fees and Payment. There are currently no premium or subscription charges.
4. Blog Services.
   • Fees; Payment. Blogs are free but Today In Art reserves the right to begin charging for services at anytime.
   • Support. Sorry, there is no support.
5. Responsibility of Website Visitors. Today In Art has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Today In Art does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Today In Art disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which todayinart.com links, and that link to todayinart.com. Today In Art does not have any control over those non-Today In Art websites and webpages, and is not responsible for their contents or their use. By linking to a non-Today In Art website or webpage, Today In Art does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Today In Art disclaims any responsibility for any harm resulting from your use of non-WordPress websites and webpages.
7. Copyright Infringement. As Today In Art asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by todayinart.com violates your copyright, you are encouraged to notify Today In Art. Today In Art will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Today In Art or others, Today In Art may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Today In Art will have no obligation to provide a refund of any amounts previously paid to Today In Art.
8. Intellectual Property. This Agreement does not transfer from Today In Art to you any Today In Art or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Today In Art. Today In Art, WordPress, todayinart.com, the todayinart.com logo, and all other trademarks, service marks, graphics and logos used in connection with todayinart.com, or the Website are trademarks or registered trademarks of Today In Art or Today In Art’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Today In Art or third-party trademarks.
9. Changes. Today In Art reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Today In Art may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
   
10. Termination. Today In Art may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your todayinart.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a Blog Services account, such account can only be terminated by Today In Art if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Today In Art’s notice to you thereof; provided that, Today In Art can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
    
11. Disclaimer of Warranties. The Website is provided “as is”. Today In Art and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Today In Art nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
12. Limitation of Liability. In no event will Today In Art, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Today In Art under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. Today In Art shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
13. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Today In Art Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
14. Indemnification. You agree to indemnify and hold harmless Today In Art, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
15. Miscellaneous. This Agreement constitutes the entire agreement between Today In Art and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Today In Art, or by the posting by Today In Art of a revised version.

Privacy Policy

Your privacy is critically important to us.

• We don’t ask you for personal information unless we truly need it. (We can’t stand services that ask you for things like your gender or income level for no apparent reason.)
• We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.

Website Visitors

Like most website operators, Today In Art collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Today In Art’s purpose in collecting non-personally identifying information is to better understand how Today In Art’s visitors use its website. From time to time, Today In Art may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

Today In Art also collects potentially personally-identifying information like Internet Protocol (IP) addresses. Today In Art does not use such information to identify its visitors, however, and does not disclose such information, other than under the same circumstances that it uses and discloses personally-identifying information, as described below.

Gathering of Personally-Identifying Information

Certain visitors to Today In Art’s websites choose to interact with Today In Art in ways that require Today In Art to gather personally-identifying information. The amount and type of information that Today In Art gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at todayinart.com to provide a username and email address. Those who engage in transactions with Today In Art – by purchasing access to premium services are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Today In Art collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Today In Art. Today In Art does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Aggregated Statistics

Today In Art may collect statistics about the behavior of visitors to its websites. For instance, Today In Art may monitor the most popular blogs on the todayinart.com site or use spam screened by the Akismet service to help identify spam. Today In Art may display this information publicly or provide it to others. However, Today In Art does not disclose personally-identifying information other than as described below.

Protection of Certain Personally-Identifying Information

Today In Art discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Today In Art’s behalf or to provide services available at Today In Art’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Today In Art’s websites, you consent to the transfer of such information to them. Today In Art will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Today In Art discloses potentially personally-identifying and personally-identifying information only when required to do so by law, or when Today In Art believes in good faith that disclosure is reasonably necessary to protect the property or rights of Today In Art, third parties or the public at large. If you are a registered user of an Today In Art website and have supplied your email address, Today In Art may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Today In Art and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Today In Art takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. Today In Art uses cookies to help Today In Art identify and track visitors, their usage of Today In Art website, and their website access preferences. Today In Art visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Today In Art’s websites, with the drawback that certain features of Today In Art’s websites may not function properly without the aid of cookies.

Privacy Policy Changes

Although most changes are likely to be minor, Today In Art may change its Privacy Policy from time to time, and in Today In Art’s sole discretion. Today In Art encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a todayinart.com account, you should also check your blog’s dashboard for alerts to these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.