Terms of Use
This page explains the terms by which you may use our service. By accessing or using the Dobart’s services and software provided through or in connection with the service ("Service"), you agree on behalf of yourself and all members of your household and others who use this Service under your account ("you" or "your") to be bound by this Terms of Use Agreement, and the Dobart’s Privacy Policy (collectively, this "Agreement"), whether or not you are a registered user of our Service.
We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service ("Users").
1. Use of Our Service
Dobart provides a place for you to discover, track, and talk about works of art with our community.
You do not have to register in order to visit Dobart. To access certain features of the Service, though, including posting artwork reviews, suggesting external reviews, you will need to register with Dobart and create a "Member" account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
You may never use another Member’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Dobart immediately of any breach of security or unauthorized use of your account.
By providing Dobart your email address you consent to our using the email address in accordance with our Privacy Policy.
Dobart may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Dobart’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Dobart’s sole discretion. You agree that Dobart’s will not be liable to you for any interruption of the Service, delay or failure to perform.
2. User Content
Some areas of the Service may allow Users to upload, publish, display, link to or otherwise make available (hereinafter, "post") reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses ("User Content"). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post, your User Content, and that you have the power to grant the license granted below. Dobart reserves the right to monitor, reject and/or remove any User Content at any time. For example, Dobart may, but is not obligated to, reject and/or remove any User Content that Dobart believes, in its sole discretion, violates these provisions.
Dobart takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. Dobart is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Dobart shall not be liable for any damages you allege to incur as a result of such User Content. Dobart may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.
3. License Grant
By posting any User Content on the Service, you expressly grant to Dobart a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dobart for all claims resulting from content you supply.
4. Eligibility
This Service is intended solely for Users who are thirteen (13) years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
5. Third-Party Websites, Advertisers or Services
Dobart may contain links to third-party websites, advertisers, or services that are not owned or controlled by Dobart. Dobart has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Dobart, you do so at your own risk, and you understand that this Agreement and Dobart’s Privacy Policy do not apply to your use of such sites. You expressly relieve Dobart from any and all liability arising from your use of any third-party website or services or third party owned content.
Additionally, your dealings with or participation in promotions of advertisers found on Dobart, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Dobart shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.
6. Disclaimers of Warranties and Limitation of Liability
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DOBART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DOBART DISCLAIMS ALL WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOBART DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, DOBART’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DOBART ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOBART WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.