You the “Artist” acknowledge, that you are the Copyright © owner of all image of the artwork submitted to be posted here. By submitting and uploading a photo of your artwork to Passport & Palette® you give Passport & Palette® permission to post the photo of your artwork on Passport & Palette® and Brush with Life, Inc. affiliated site(s). This free promotional opportunity may be terminated at any time, without notice. Passport & Palette™, a Brush with Life, Inc. production is concerned about the safety and rights of the artists shown here. Therefore, Brush with Life, Inc. reserves the right to remove any image for any reason whatsoever. Specifically, any image uploaded that is offensive in nature (including pornographic nudity, violence, sexual acts, or sexually provocative images.), infringes upon copyrights not held by the artist, is illegal or violates any laws, will be immediately deleted. We reserve the right to ban an individual from using this free promotional service opportunity for any reason.
We cannot be held liable for any damages. All paintings, photographs, messages, graphics, comments, text, tags, data or other materials ("Content"), are the sole responsibility of the artist from whom such Content originated. You, the artist and not Passport & Palette®, Brush with Life, Inc. or Twitpic, are entirely responsible for all Content you submit, upload, post, transmit or otherwise make available through this promotional service. Passport & Palette® and Brush with Life, Inc. does not control nor guarantee the accuracy or integrity of the Content submitted.
Passport & Palette® shall not be liable for any statements or conduct of any artist or third party using the service; and Passport & Palette® will not be liable in any way for the artist’s submitted Content, including, but not limited to, any errors or omissions in any Content submitted. Passport & Palette™ will not be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available used or exploited once posted on the Passport & Palette®
- Brush with Life, inc. website. Passport & Palette®- Brush with Life, Inc. assumes no responsibility for the timeliness of the posting Content, deletion of submitted Content; image quality of submitted Content; mis-spelling of the artist's name; mis-delivery of Content; or failure to post any artist’s submitted Content; and/or communication why artwork submitted was not posted.
You agree to indemnify and hold Passport & Palette®, Brush with Life, Inc., its officers, employees and associates, exempt from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the artist’s submitted Content, posting of Content or any other result of the use of this promotional service made available to artists through the Passport & Palette®- Brush with Life, Inc. website.
If you are a copyright owner or an agent thereof and believe that any artist’s Submission posted here and/or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) - for further detail see below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have 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
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Passport & Palette®, Brush with Life, Inc. Copyright Agent to receive notifications of claimed infringement is:
Attention: Copyright Agent for Passport & Palette® Brush with Life, Inc.
PO Box 241
Norwood , NJ 07648-0241
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owners agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the Federal Courts in New York and a statement that you will accept service of process from the entity who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Passport & Palette®, Brush with Life, Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Passport & Palette™ and Brush with Life, Inc. sole discretion.
C. Infringers of others copyright rights. Passport & Palette® and Brush with Life, Inc. will terminate the access to this promotional opportunity to all and any infringer.