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Terms & Conditions

FLAX art & design thanks you for visiting this website. Please read these Terms of Use carefully before using or accessing any pages in this website. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below. If you do not agree to these terms of use, please do not use this website. FLAX may revise these terms of use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically to review any changes.

CODE OF CONDUCT

By using our website and its customer interactive features, you are agreeing to the Code of Conduct set forth below:

  1. Users may upload images of their artwork in FLAX Gold or as part of a Product Review. Each user represents that the artwork is her/his own original creation, created solely by her/him, or that she/he has the rights required to publish the content and that the artwork does not infringe third party rights and is suitable for publication (i.e., not indecent or obscene).

  2. Artwork uploaded to flaxart.com must not be offensive, indecent or obscene, and cannot defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person's or third party's personal or proprietary rights. FLAX reserves the right, in its sole discretion, to remove user submitted content without prior notice.

  3. By uploading artwork, each user grants FLAX art & design the royalty-free right to publish and display the artwork within FLAX Gold or on a product review page. In addition, FLAX may republish those artworks for use elsewhere on flaxart.com, and in such case FLAX must assign ownership rights to the artwork and visibly credit the name of the artist. FLAX cannot prevent or be responsible for the use or abuse of the artwork by other visitors to flaxart.com. The content on flaxart.com is made available on an AS-IS basis and may be changed or removed by FLAX at any time. Each user hereby waives and releases Flax art & design and their respective affiliates, successors and assigns from and against any claims, damages or liability arising out of or relating to their artwork or flaxart.com.

  4. FLAX Gold is intended to be a social sharing platform for the exchange of ideas and inspiration. FLAX does not consistently filter, censor, edit or regulate information and content provided by third parties on flaxart.com. Thus, in using this site you abide by the following Code of Conduct:

    1. You will not upload, post or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, illegal or otherwise improper content.

    2. You will not use the website to further any illegal purpose or to violate the rights of any party.

    3. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

    4. You will not upload viruses or harmful components.

FLAX will assist law-enforcement officials investigating illegal activity or violations of these rules.

Please report abuse and inappropriate content. If images, comments or reviews of an offensive nature are posted and you would like to report them to FLAX, you may email us at info(at)flaxart.com. Include in your email an URL/link/screenshot at which the material in question may be located.

CONTENTS AND HYPERLINKS

This website may contain hyperlinks to third party websites, and those websites are the sole responsibility of such independent third parties, and use thereof is solely at your own risk. FLAX has no control over the content or policies of such third party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website, Those who choose to access information from this website (including any information obtained through any hyperlink) are solely responsible for the compliance of such information with any applicable law.

If you want to link to this website, please Contact Us before creating that link so the site may be previewed. Flax expressly forbids the use of its logos, trademarks, other graphics or text to create links withour prior approval

NO REPRESENTATIONS OR WARRANTIES

FLAX makes no representations or warranties that this website is free of defects, viruses or other harmful components. We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or FLAX's computer systems. You have the sole responsibility for adequate protection and backup of data and/or equipment used in connection with this website and you agree to hold FLAX harmless from, and you covenant not to sue us for any claims based on use of this website.

Despite our best efforts, the pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, this website is provided "as is." FLAX does not make any warranty of any kind, whether express or implied, of the quality, data content, artistic worth, or legality of information, goods or services that are transferred, received, purchased, or otherwise made available or obtained by way of this website.

LIMITATIONS OF LIABILITY

Under no circumstances, including negligence, shall FLAX be liable for any special, incidental or consequential damages that result from the use of, or the inability to use, the content or materials on this website. Even if we have been advised of the possibility of such damages. applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation may not apply to you. In no event shall FLAX's total liability to you for all damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this website.

JURISDICTION AND CHOICE OF LAW

These terms of use shall be governed by and construed in accordance with the laws of the State of California and the United States of America, without giving effect to any principles of conflicts of law. You and FLAX irrevocably consent to the exclusive jurisdiction of the courts located in California in connection with any action arising out of or related to these Terms of Use or their subject matter.

TRADEMARKS AND COPYRIGHTS

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of FLAX or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

Copyright and similar intellectual property rights in the content and images appearing on this Site (collectively “data”) are owned by FLAX, or FLAX has acquired the right to utilize same as depicted on this Site, or are owned by Site users like you.  All rights thereto are reserved. Except as otherwise provided below, transfer, reproduction, dissemination or storage of all or a part of the data, in any form, including by creation of a derivative work, incorporation into other websites or electronic publications, is prohibited without the prior written permission of FLAX and/or the copyright holder. Notwithstanding the foregoing limitations, you may copy extracts from this Site for your personal non-commercial use, provided that any copy or print retains all copyright or other proprietary notices and legends and any disclaimer(s) contained in such information.

SEVERABILITY

If any provision of these terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining terms of use and shall not affect the validity and enforceability of any remaining provisions.

PRIVACY

Please see our Privacy Policy for information regarding the collection and use of personal information from this website.

Despite any representations concerning privacy, FLAX reserves the right to disclose without notice to you any information in its possession if required to do so by law or upon a good-faith belief that such action is necessary to comply with the law, to protect or defend our rights or property, or to respond to an emergency situation. Specific areas or pages of this website may include additional or different terms relating to the use of personal information collected from such areas or pages.

GENERAL

These Terms of Use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Any unauthorized access, modification or change of any information, or any interference with the availability of or access to this website is strictly prohibited. FLAX reserves all legal rights and remedies available to it and this disclaimer shall in no way be deemed a limitation or waiver of any other rights FLAX may have.

All rights reserved. Unless otherwise indicated, all material on this site © 2014 FLAX art & design.

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