Terms of Use

Acceptance of Terms

Engagement with ClayArtists.org:

By accessing or utilizing any portion of ClayArtists.org, you acknowledge your comprehensive understanding and agreement to adhere to the Terms of Service herein outlined, alongside any ancillary policies. Your interaction with the platform, through any of its services, signifies a binding agreement to these terms, conditions, and any future amendments.

Dynamic Nature of Terms:

ClayArtists.org is an evolving platform, aiming to continuously enhance and expand its offerings and services to better serve the ceramics community. Consequently, the terms that govern your use of the platform may be subject to modifications, adjustments, or expansions over time. Users are encouraged to review the Terms of Service periodically to stay informed of any changes. Please note, ClayArtists.org reserves the unilateral right to update or modify these terms without prior notification. Continued use of the platform after such changes indicates your acceptance of the new terms.

Integrated Policies:

The Terms of Service are not standalone; they are intricately linked with additional policies, including but not limited to the Privacy Policy and Community Guidelines, which are hereby incorporated by reference. Your agreement to the Terms of Service implicitly affirms your acceptance of these associated documents and guidelines. It is your responsibility to familiarize yourself with these policies, as they constitute an integral part of the agreement between you and ClayArtists.org.

Platform Services Description

ClayArtists.org offers a comprehensive suite of resources tailored for the ceramics community. These include, but are not limited to, communication tools, forums, a marketplace for ceramics supplies and artworks, search services to explore various ceramic arts, and personalized content to enrich your experience. Our platform adapts to the evolving needs of our users, welcoming innovations that enhance our service offerings through any medium or device, present or future. While we strive for excellence, ClayArtists.org provides these services "AS-IS," with an understanding of the limitations inherent in managing digital content and user interactions.

Access and Use of the Platform

User Registration and Conduct:

To access certain features of ClayArtists.org, users may be required to register and create an account. By registering, you affirm that you possess the legal capacity to enter into contracts and, if under the age of majority, are using the platform under adult supervision. Users must provide accurate, complete information and are responsible for maintaining the security of their account credentials. ClayArtists.org respects the privacy and integrity of our community; thus, we expect all users to engage respectfully and lawfully, fostering a positive environment.

Community Interaction and Conduct:

Your participation in ClayArtists.org should enhance the community. We do not tolerate behavior that disrupts the platform's operations or infringes on the enjoyment and rights of other users. This includes, but is not limited to, harassment, unauthorized use of someone's content, or any activities that interfere with the smooth running of our services.

Account Security:

You are solely responsible for the activities conducted through your account on ClayArtists.org. Should you become aware of any unauthorized use or security breaches, immediate notification to the platform is imperative for prompt resolution.

Legal Compliance:

Engagement with ClayArtists.org must adhere to all applicable laws and regulations. Special attention should be given to copyright laws, ensuring that the use of copyrighted materials respects the rights of original creators. Unauthorized use or distribution of copyrighted content without proper authorization is prohibited and could lead to account suspension or termination.

Copyright Law Compliance:

ClayArtists.org emphasizes the importance of respecting copyright laws. Users are responsible for ensuring that their uploaded content does not infringe upon the copyrights of others. Should you have concerns regarding copyright infringement, we encourage reaching out through our designated channels for resolution.

Content Responsibilities

Visibility and Use of Content:

When you share content on ClayArtists.org, you empower us to display your work on our platform, making it accessible to a global audience. We respect your privacy and control over your creations; therefore, you have the option to mark any content as private. Private content is exclusively visible to you, ensuring no one else can access it without your permission.

Content Ownership:

You retain ownership of the content you post on ClayArtists.org. By sharing your work, you grant us the license to display it within the platform for the purpose of fostering a vibrant and supportive ceramics community. This enables us to include your content in our forums, galleries, and other site features designed to enhance user experience and interaction.

Promotional Use:

While you maintain ownership of your content, ClayArtists.org may occasionally use your work in a manner that promotes the platform. This includes showcasing outstanding user creations to attract partnerships and enhance the services and features available to our community. We commit to doing so respectfully and with the intention of celebrating and spreading awareness of your talent. If you have any concerns about how your content is used, we encourage you to contact us directly through our "Contact Us" form. We are dedicated to addressing your concerns and ensuring your experience on ClayArtists.org is positive and fulfilling.

Your Interactions with Advertisements and Other Users

Advertisements on ClayArtists.org:

ClayArtists.org may display advertisements from third parties on the platform. While we strive to partner with reputable advertisers, we are not responsible for the accuracy of advertisements or the quality of products and services offered. Interactions with advertisers, including transactions or participation in promotions, are solely between you and the advertiser. We encourage users to exercise caution and due diligence when engaging with advertisements.

User-to-User Transactions:

The platform may facilitate transactions and interactions between users, such as sales or exchanges of ceramics supplies, artwork, or services. These transactions are directly between users, and ClayArtists.org does not oversee the terms, conditions, quality, safety, or legality of the items traded or sold. We encourage clear communication and fair dealings but are not liable for the outcomes of these transactions.

Resolving Disputes:

Should disputes arise from user interactions or transactions, we encourage users to first seek resolution amongst themselves in a respectful and constructive manner. While ClayArtists.org does not mediate disputes, we advocate for a community-driven approach to conflict resolution and may offer general guidance on best practices for resolving issues. For serious concerns, please contact us directly for assistance in understanding available options.

Indemnification

User Responsibility:

As a user of ClayArtists.org, you agree to indemnify, defend, and hold harmless the platform, its affiliates, officers, agents, employees, and partners from any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the platform, your content, your violation of these Terms of Service, or your violation of any laws or rights of another.

Coverage:

This indemnification covers any legal action brought against the platform that arises from your activities, including but not limited to copyright infringement, defamation, or any other actions that breach the rights of others or the terms set forth by ClayArtists.org.

Cooperation:

In the event of any legal proceedings, we expect your full cooperation in defending against any claims and facilitating the resolution of any disputes. ClayArtists.org will provide timely notice of any such legal proceedings and will assist you, at your expense, in defending any such claims.

Termination

Platform's Rights:

ClayArtists.org reserves the right to terminate or suspend your account and access to the platform at any time, without prior notice, for any reason deemed appropriate by the platform, including but not limited to breaches of these Terms of Service, conduct that is harmful to the platform or its users, or for any illegal or unauthorized activities. Upon termination, your right to use the platform ceases immediately, and ClayArtists.org may delete your account and content at its discretion.

User's Rights:

You may terminate your account and discontinue your use of the platform at any time. If you wish to terminate your account, please follow the procedures available in your account settings or contact our support team for assistance. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Service, and comply with legal requirements.

Effects of Termination:

Upon termination, all licenses and rights granted to you in these Terms of Service will immediately cease. We may retain and continue to use, for our own internal purposes, any information previously provided by you. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Disclaimers and Limitations of Liability

Service and Content Disclaimer:

ClayArtists.org is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. While we strive to provide a reliable and enjoyable platform, ClayArtists.org makes no guarantees regarding the accuracy, completeness, reliability, or timeliness of the platform's content, services, software, text, graphics, and links.

Limitation of Liability:

To the fullest extent permitted by applicable law, ClayArtists.org, its affiliates, officers, directors, employees, agents, licensors, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the platform; (ii) any conduct or content of any third party on the platform; (iii) any content obtained from the platform; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

User Content and Interactions:

The platform does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any content posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk. ClayArtists.org does not monitor or control the content posted via the services and, we cannot take responsibility for such content. Any use or reliance on any content or materials posted via the services or obtained by you through the services is at your own risk.

General:

No advice or information, whether oral or written, obtained by you from ClayArtists.org or through the services will create any warranty not expressly stated in the terms. The disclaimers and limitations of liability provided in these terms of service are fundamental elements of the basis of the bargain between ClayArtists.org and you.

General Provisions

Governing Law:

These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of The Commonwealth of Pennsylvania, without regard to its conflict of law principles.

Severability:

If any provision of these Terms is deemed invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, maintaining the intention of the original text. If such modification is not possible, the provision shall be severed from these Terms, and the remaining provisions will continue in full force and effect.

Entire Agreement:

These Terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between ClayArtists.org and you in relation to your use of this website and supersede all previous agreements and understandings with respect to the same.

Amendments to the Terms:

ClayArtists.org reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

Assignment:

You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without ClayArtists.org's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.