User Agreement - Terms & Conditions
Welcome to Https://fortunafinearts.com (the “Website”). Fortuna Fine Arts (“Fortuna Fine Arts”, “we” or “us”) is a digital glass art gallery that represents a collection of independent glass artists, enthusiasts, and collectors. The pieces on display at any given time in Fortuna’s gallery are given as prizes in contests operated by Fortuna Fine Arts (collectively referred to as our “Services”) as a service to the general public and its registered users (“You”), with the express condition that these users agree to be bound by the terms and conditions set forth in this User Agreement (the “Agreement”).
USING OUR SERVICES
Your access and use of our Services are subject to the terms and conditions set forth in this Agreement, and you agree to follow all conditions of these Terms when using our Services. You will not use our Services for any purpose that is unlawful or prohibited by these Terms.
Using our Services does not give you ownership of any intellectual property rights of our Services or content you access. You may only use the content from our Services for your own personal use as more particularly defined below. In connection with your use of the Services, we may send you service announcements, reminders, and other information. We are constantly improving our Services and we may add or remove functionality or features at any time. We may also stop or suspend providing Services or add or create new limits to your Services at any time.
OWNERSHIP OF CONTENT
Unless otherwise noted, all materials, including, but not limited to, articles, text, images, illustrations, designs, icons, photographs, video clips and audio clips that are part of the website (collectively, the “Content”) is protected to the maximum extent permitted by copyright laws and international treaties, and is controlled or licensed by Fortuna Fine Arts or the party credited as the provider of the Content. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Fortuna Fine Arts. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Fortuna Fine Arts You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the website. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Services. All Fortuna Fine Arts brands and trademarks (whether registered or unregistered) and graphics, logos, designs, page headers and button icons are subject to the intellectual property rights of Fortuna Fine Arts, and constitute trademarks, trade names, service marks or logos (“Marks”) of Fortuna Fine Arts or other entities. You are not authorized to use any such Marks or any confusingly similar versions, including (but not limited to) as part of any trademarks and/or domain names without our prior written consent. Ownership of all such Marks and the goodwill associate therewith remains with Fortuna Fine Arts or those other entities.
Although Fortuna Fine Arts does not claim ownership of content that its users post, including, but not limited to all information, data, text, photographs, graphics, messages, or other materials publicly posted (“User Content”), by posting User Content to any public area of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to Fortuna Fine Arts an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said User Content and to prepare derivative works of, or incorporate into other works, said User Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting User Content to any public area of the Website, you automatically grant Fortuna Fine Arts all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Content on the Website by any party for any purpose.
PERMITTED USE OF CONTENT
PROHIBITED USE OF CONTENT
Unless We have agreed in writing to the contrary you agree that you will not use the Website, any Forum (defined below) and/or any of the Content:
- in conjunction with any robot, spider, other automatic device, or manual process that enables you to monitor or copy the Web pages or the Content;
- on any other website or networked computer environment;
- to create a database (electronic or otherwise);
- to promote or encourage the sale of your goods/services or those of any third party;
- to solicit other guests or users of the website to join or become members of any commercial online or offline service or other organization;
- by transmitting or re-circulating it to any third party;
- in any way that involves removing copyright or trademark notice(s)
- to disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- to disseminate any material which is or may infringe the rights (including intellectual property rights) of any third party or which is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, in breach of confidence, in breach of privacy, or which may restrict or inhibit the use of the Website and/or any of the Content by any person or which constitutes or encourages conduct that may be considered a criminal offense or give rise to civil liability;
- to disseminate any material which does or may bring Fortuna Fine Arts or any of its brands into dispute or in any way damage their reputation;
- to disseminate any material that may interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data; or
- to post link(s) that take users to material that contravenes any of the above restrictions.
The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content).
THIRD-PARTY CONTENT AND SERVICES
Since we provide a variety of resources on our website, it may be necessary for us to use third parties to contribute Content and offer services. Any Content or services made available by third parties on our sites are those of the respective authors and not of Fortuna Fine Arts. Fortuna Fine Arts neither endorses nor is responsible for the accuracy, reliability, or correctness of such Content or services.
REGISTERED USER ACCOUNT, PASSWORD, AND SECURITY
Users may register and create a personal account profile to subscribe to the Website (each a “Registered User”).
If you choose to become a Registered User, you agree to have your name, address, email address, and phone number included in our database of Registered Users (the “Database”).
You may opt out of inclusion in the Database by sending an email with your Fortuna Fine Arts user name to firstname.lastname@example.org/.
If you choose to become a Registered User of our sites, you agree to provide us with true, accurate, and current information and to update your information regularly. Users are responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under their account. Fortuna Fine Arts does not retain liability or responsibility for such use. Fortuna Fine Arts may reject, or require that you change, any user name or password that you provide to us when registering. Fortuna Fine Arts has no obligation to verify the authenticity of any registration information, but reserves the right to refuse to create, or at any time terminate your account for any reason. Fortuna Fine Arts has the right to rely upon any information received from any person using a password assigned to you and will incur no liability arising out of such reliance. You agree to notify Fortuna Fine Arts immediately in the event of any loss or theft of your user name or password.
Membership: Price as stated on the Website at the time of purchase of the subscription. Price remains the same as it was at the time of purchase as long as subscription is kept current. All payments are paid upfront at the beginning of the 30-day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless You cancel Your account.
Length of Contract: This Agreement is valid up to and until You cancel Your account.
Billing: In the event that a payment is due on Your subscription, but Your credit card on file is no longer valid or active, Fortuna Fine Arts may attempt to contact You to determine updated account information. Fortuna Fine Arts will wait thirty (30) days before canceling Your subscription.
Termination: You may request termination of this agreement at any time. Termination will take effect upon the end of the last day of Your billing cycle. Fortuna Fine Arts may terminate this agreement at will. In the event Fortuna Fine Arts terminates this agreement early, and You are not in violation of any term of this Agreement, You will receive a prorated reimbursement for the portion of the billing cycle remaining.
Fortuna Fine Arts reserves the right to terminate access to all or any portion of a Fortuna Fine Arts website at any time without notice and for any reason. If we terminate your access to a Fortuna Fine Arts website, you will not have the right to bring claims against us with respect to such termination.
REGISTERED USER CONDUCT
You understand that all User Content is the sole responsibility of the person from which such content originated. This means that you, and not Fortuna Fine Arts, bear all risks and liabilities for all User Content that you upload, post, e-mail, transmit or otherwise make available via the service. You agree to not use the Website to:
- upload, post, e-mail, transmit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- upload, post, e-mail, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. (Posting the same note more than once can be considered “spam” or “spamming”);
- upload, post, e-mail, transmit, or otherwise make available any material that contains any software “virus,” “worm,” “trojan horse” or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- upload, post, e-mail, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
- impersonate any person or entity, including, but not limited to, a FORTUNA FINE ARTS official or any FORTUNA FINE ARTS affiliate, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
- interfere with or disrupt the website or any servers or networks connected to this website, or disobey any requirements or policies of networks connected to this website;
- intentionally or unintentionally violate any applicable local, state, national, or international law;
- harm minors in any way;
- “stalk” or otherwise harass another; or
- harvest or otherwise collect or store personal data about other users.
You acknowledge and agree that this list is not intended to be complete, but merely illustrative. Fortuna Fine Arts reserves the right in its sole and final judgment to determine whether certain conduct violates this User Conduct section. You further acknowledge and agree that Fortuna Fine Arts and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, edit, or delete any Content or User Content that is available via the Website. Fortuna Fine Arts and its designees shall have the right to remove any Content regardless of whether such communication(s) violate the User Agreement. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including User Content, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge and agree that Fortuna Fine Arts may preserve Content, including any User Content and may also disclose Content, including User Content, to any third party in Fortuna Fine Arts’ sole discretion.
USAGE OF INFORMATION COLLECTED
Fortuna Fine Arts collects information about its members and website users in order to:
- Provide services
- Deliver goods
- Provide a Database of Registered Users
- Analyze industry trends
- Respond to inquiries
- Plan for and promote conferences and products
- Provide access to vendor services
- Provide relevant news, information, and resources
- Promote diversity
- Analyze digital data
- Engage in the normal business activities of a membership association.
SHARING OF INFORMATION COLLECTED
Individuals signing up for membership will have their contact information shared through the Database. We may also share anonymous aggregated demographic information with our affiliates, partners, and advertisers. This anonymous aggregated data is not linked to any personal information that can identify any individual person.
NON-CONFIDENTIALITY OF COMMUNICATIONS
DIGITAL MILLENNIUM COPYRIGHT ACT(“DMCA”) NOTICE.
Materials may be made available via the Website by third parties not within our control. We are under no obligation to, and do not, scan Content or User Content used in connection with the Website for the inclusion of illegal or impermissible content. However, Fortuna Fine Arts respects the copyright interests of others. It is Our policy not to permit materials known by us to infringe another party’s copyright to remain on the Website. If you believe any materials on the Website infringe a copyright, you should provide us with written notice that at a minimum contains:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Fortuna Fine Arts to locate the material;
- Information reasonably sufficient to permit Fortuna Fine Arts to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All DMCA notices should be sent to our designated agent as follows:
Fortuna Fine Arts, LLC
Attn: DCMA Agent
1908 Thomes Avenue
Cheyenne, Wyoming 82001
It is Our policy to terminate relationships regarding Content with third parties or Registered Users who repeatedly infringe the copyrights of others.
USAGE BY CHILDREN UNDER 13
The Website is directed to adults and is not directed to children under the age of 13. Fortuna Fine Arts cannot prohibit minors from visiting the Website so Fortuna Fine Arts must rely on parents, guardians and those responsible for supervising children under 13 to decide which Content is appropriate for such children to view and/or purchase. Fortuna Fine Arts complies with the Children’s Online Privacy Protection Act and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13.
Accuracy of Information; Products, Content and Specifications
Fortuna Fine Arts attempts to ensure that information provided on or in connection with the Website, Content, or Services is complete, accurate and current. Despite our efforts, such information may occasionally be inaccurate, incomplete or out of date. Accordingly, we make no representation as to the completeness, accuracy or currentness of such information, including all descriptions, images, references, features, content, specifications, products, videos, and prices of products and services described or depicted on the Website, in the Content, or Services. Such information is also subject to change at any time without notice. Descriptions and images of, and references to, third-party products or services available in connection with the Website, Content, or Services do not imply Fortuna Fine Arts’ endorsement of such third-party products or services. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site or Services at a particular time does not imply or warrant that these products or services will be available at any time. It is Your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Content purchased or obtained from the Website or in connection with the Services. By becoming a Registered User, You represent that the Content obtained by You will be used only in a lawful manner.
THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FORTUNA FINE ARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FORTUNA FINE ARTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILST FORTUNA FINE ARTS ENDEAVOURS TO ENSURE THAT THE WEBSITE IS NORMALLY AVAILABLE 24 HOURS A DAY, IT SHALL NOT BE LIABLE IF FOR ANY REASON THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD. ACCESS TO THE WEBSITE MAY BE SUSPENDED TEMPORARILY AND WITHOUT NOTICE IN THE CASE OF SYSTEM FAILURE, MAINTENANCE OR REPAIR OR FOR ANY OTHER REASONABLE CAUSE. FORTUNA FINE ARTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENT ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT FORTUNA FINE ARTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION AND LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL FORTUNA FINE ARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE,THE CONTENT ON THE WEBSITE. THIS LIMITATION APPLIES WHETHER FORTUNA FINE ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, OR ANY OTHER BASIS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL FORTUNA FINE ARTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE.
YOU AGREE THAT YOU WILL INDEMNIFY (HOLD HARMLESS) FORTUNA FINE ARTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, AND AFFILIATES FROM ALL THIRD-PARTY CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR YOUR INABILITY TO ACCESS OR USE THIS WEBSITE. THIS INCLUDES, BUT IS NOT LIMITED TO, INFORMATION OR MATERIALS VIEWED OR DOWNLOADED FROM THIS WEBSITE OR ANOTHER WEBSITE TO WHICH IT IS LINKED THAT APPEAR TO YOU OR ARE CONSTRUED BY YOU TO BE OBSCENE, OFFENSIVE, DEFAMATORY, OR THAT INFRINGE UPON YOUR INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT WILL FORTUNA FINE ARTS OR THE CONTRIBUTORS OF INFORMATION TO THIS WEBSITE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH INFORMATION OR FOR ANY CONSEQUENTIAL, SPECIAL OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
FORTUNA FINE ARTS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VOLUNTEERS, AND AFFILIATES ARE NOT A PARTY TO ANY AGREEMENT WHICH YOU MAY ENTER INTO WITH A PERSON INTERESTED IN ENGAGING A PROFESSIONAL (“CONSUMER”). IF YOU ARE ENGAGED BY A CONSUMER, ALL ARRANGEMENTS IN SUCH REGARD ARE SOLELY BETWEEN YOU AND THE CONCERNED CONSUMER.
Any reference made by the website to any specific commercial product, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by Fortuna Fine Arts. Content on the website may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of Fortuna Fine Arts.
LINKS FROM OTHER WEBSITES
You may link to any page of the Website subject to the following conditions:
- You do not replicate the home page of the Website;
- You do not create a frame or any other browser or border environment around the Website;
- you only link to freely available Content (and not link to any Content that is only made to users with a username and password);
- You do not in any way imply any endorsement by Fortuna Fine Arts other than with its written consent or misrepresent your relationship with Fortuna Fine Arts;
- You do not use any logos or trademarks displayed on the website without the express written permission of Fortuna Fine Arts;
- the linking website does not contain content that is distasteful, offensive or controversial, that infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
SITE AND SERVICES INFORMATION
We provide users of the Website and/or Services with access to certain Content and services related to education and information, which may include, without limitation: (a) sweepstakes/contests (such Content and services also part of the “Services”).
ABOUT THESE TERMS
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Terms shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These terms shall be governed by and construed in accordance with the laws of the State of Nevada. You agree that any action at law or inequity arising out of or relating to these terms shall be filed only in the federal or state courts located in Clark County, Nevada and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. If You do not comply with these terms, and Fortuna Fine Arts doesn’t take action right away, this doesn’t mean that Fortuna Fine Arts is giving up any rights that it may have (such as taking action in the future).This is the entire agreement between us relating to the subject matter herein and shall not be modified except as provided herein or in writing, signed by Fortuna Fine Arts. To the extent that anything in or associated with the website or in these Terms is in conflict or inconsistent with the Official Contest Rules of any contest operated by Fortuna Fine Arts, then the Official Contest Rules shall take precedence.
Last updated: October 25, 2022