Terms
of Service
A.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
Innertraveler is operated under the Terms Of Service contained in this document
(referred to as "Terms Of Service"). By completing the registration,
sign-up form, and/or by the use of this site, you are indicating your agreement
to be bound by all of the terms and conditions set forth below.
B. DESCRIPTION OF SERVICE
Innertraveler is providing the art community (traditional, digital, musical,
and literary) with the ability to communicate and collaborate through this
site. Its Members can share personally created graphics, ideas and knowledge,
and keep in contact with each other through the Innertraveler Mail and Messaging
Systems.
C. MEMBER OBLIGATIONS
You are solely responsible for the content of information you publish or display
("post") on the site or transmit to other Members. You will not
post or transmit to other Members or to any Forums, Galleries, or any other
portion of the site any item that is defamatory, inaccurate, abusive, obscene,
profane, offensive sexually oriented, threatening, harassing, racially offensive
or illegal, or any material that infringes or violates another's rights (including
but not limited to intellectual property rights and rights of privacy and
publicity). Posting of pornographic photographs is strictly prohibited in
the Forums. Posting of violent artwork in the Forums or Galleries must be
clearly marked as 'Nudity', 'Violence' or 'Both'. Thumbnails for such images
should not show the nudity of violence involved in the image. Innertraveler
reserves the right to replace such thumbnails with a generic thumbnail of
their own design. Personal attacks on current or past members, vendors, administrators,
moderators, or other web sites is strictly prohibited. Innertraveler reserves
the right, but has no obligation, to reject any "items" it deems
unacceptable. You will not be involved in transmitting or posting any junk
email or copyrighted material(s). All Vendors have the right to post annoucements
of their products that are for sale in the Innertraveler Online Store in the
public forums as long as in doing so it does not constitute spamming of the
forums or interfere with other Members rights to enjoy and use the forums.
Any activity which results in a denial of service to other Members such as
using off-line readers to cache the entire site is prohibited. Your usage
of Innertraveler must be in a manner consistent with all applicable state
and federal laws and regulations in your area.
D.
GALLERY - FORUM CONDUCT
Nudity of adults is acceptable if done tastefully and inoffensively. However,
BDSM/Fetish/Pornographic/Hardcore and or violent graphic material content
is NOT allowed anywhere on the site. Artwork depicting adult intimacy is acceptable
provided no penetration of any kind is directly shown.
PHOTOGRAPHERS Please Note: Posting of BDSM/Fetish, soft porn, or images demeaning to other parties are NOT allowed in the Photography Gallery. Such images will be removed without notice. Legal Releases signed by parties used as models in nude photographs must be submitted to Innertraveler Administration prior to posting. Acceptance of any nude photograph is conditional and allowed at the sole discretion of Site Owners and Site Admins.
CG artwork using BDSM/Fetish clothing & accessories utilizing tasteful imagery are acceptable, as long as no depictions of a fetish act are shown.
No nude artwork, animations or photographs of children under the age of 18 will be allowed anywhere on the site, however, artwork showing babies in a non sexual setting will be allowed, provided there is no showing of genitalia.
Posting photographs, animations, or artwork of copyrighted materials, other than your own, will not be allowed. Artwork, animations or photographs that violate any of the above restrictions will be deleted without notice.
Nudity and violence filters must be enabled for all applicable images and thumbnails.
The Innertraveler staff will review any apparent violations of these rules on a case by case basis. Decisions made by the owners, and staff of Innertraveler regarding these issues are final.
E.
FORUM-GALLERY CONDUCT ADVERTISING
Advertisement of off site products and offsite stores require prior approval
from the owner of the site, or administration.
This is not limited to posting of exclusive/Offsite products in the galleries and forums for the sole purpose of advertising said product.
Crediting the artist is fine, not the online store where it was purchased
Posts made and considered to be advertisements for Exclusives and/or Offsite products will be either removed or the member will be asked to edit their picture.
Also note, "hot-linking" to another site is illegal. This is considered theft of bandwidth and anyone committing such an act can be prosecuted by the law.
F.
ELECTRONIC DISTRIBUTION OF ADULT LINKS
All members, visitors, vendors, with links to adult material offsite will
have to go through a short screening process and need to contact Innertraveler
at mail@innertraveler.com first before having their links activated.
This is extended to member profiles with a web link entered in your profile,
posts in the forums, galleries, freestuff, tutorials, or any section of the
site, including but not limited to chat rooms, site mails, quickies or any
electronic form of distribution of an adult link. Transmitting links to unauthorized
adult material through the Innertraveler site or to its members will result
in termination of your membership.
G.
MEMBER RECOURSE
Members found to be in violation of these Terms of Service will be notified
by Innertraveler mail of their violation. Failure to cure the problem or behavior
within 48 hours will result in their account being banned. This means that
they will be unable to access the site under their current username and will
be unable to re-register with their current email address.
H.
SOLICITATION/TRADING OF ILLEGAL SOFTWARE
Members will not engage in the solicitation or trading of illegal software.
Such requests or postings will immediately be deleted by Innertraveler. Continued
postings by a Member of this nature will result in the Member being banned.
Please see Item 4 above. Innertraveler maintains a zero tolerance policy towards
the solicitation or trading of illegal software through its Forums, mail and
instant messaging system.
I. COPYRIGHT
It is Innertraveler's policy to protect the copyright of all members posting
material to this site. Any material posted to Innertraveler remains the property
of the poster, and they retain all copyrights. By posting to Innertraveler,
the poster warrants that they are the copyright holder, or have permission
or license to redistribute the material. No further distribution is allowed
without the express consent of the poster.
If at any time the copyright of a posting is called into question, the poster
will be notified of the challenge. If this challenge is made by the original
creator of the material, it will be removed as quickly as is reasonably possible.
If made by a third party, the poster will be given 48 hours to assert their
right to post the material. If no response is received within 48 hours, the
posting will be removed from the site until such time as the poster provides
sufficient evidence that they have been granted rights to reproduce the material
in question. Repeated posting of material that infringes on someone else's
copyright may result in termination of membership at Innertraveler.
Specific questions with regard to this policy or other copyright matters may
be posed at the Copyright Forum or contact mail@innertraveler.com. You can
also obtain further information about copyrights at http://www.copyright.gov/faq.html.
If you wish to pursue legal action regarding a specific case of copyright
infringement, we advise that you seek legal counsel.
J. MODIFICATIONS TO TERMS OF SERVICE
Innertraveler may change the Terms Of Service from time to time. It is your
responsibility to check this document periodically for any changes or modifications
as there will be no individual notices to Members regarding such changes or
modifications. Your continued use of the Service constitutes an affirmative
acknowledgment by you of the Terms Of Service and any subsequent modifications
made to them and your agreement to abide and be bound by them.
K. DISCLAIMER OF WARRANTIES
Member expressly acknowledges and agrees that use of the service is at member's
sole risk and that the service is provided on an "as is" and "as
available" basis. Innertraveler expressly disclaim all warranties of
any kind, whether expressed or implied, including, but not limited to the
implied warranties of merchantability, fitness for a particular purpose and
non-infringement. Innertraveler makes no warranty that the service will meet
Member's requirements, or that the service will be uninterrupted, timely,
secure, or error free. Innertraveler makes no guarantees as to the results
that may be obtained from the use of the service or the accuracy or reliability
of any information obtained through the service or that defects in the software
will be corrected. Member understands and agrees that any material and/or
data downloaded or otherwise obtained through the use of the service is at
Member's own risk and Member is solely responsible for any damage to Member's
computer system or loss of data that results from the download of such material
and/or data. Innertraveler makes no warranty regarding any goods or services
purchased or obtained through the service or any transactions entered into
through the service. No advice or information, whether oral or written, obtained
by Member from Innertraveler or through the service shall create any warranty
not expressly made herein. Some jurisdictions do not allow the exclusion of
certain warranties, therefore some of the above exclusions may not apply to
you.
L. LIMITATION OF LIABILITY
Innertraveler shall not be liable for any direct, indirect, incidental, special
or consequential damages, resulting from the use or the inability to use the
service or for cost of procurement of substitute goods and services or resulting
from any goods or services purchased or obtained or messages received or transactions
entered into through the service or resulting from unauthorized access to
or alteration of Member's transmissions or data, including but not limited
to, damages for loss of profits, use, data or other intangible, even if Innertraveler
has been advised of the possibility of such damages. Some jurisdictions do
not allow the limitation or exclusion of liability for incidental or consequential
damages so some of the above limitations may not apply to you. Innertraveler
shall not be held responsible for any messages received by Member, regardless
of their content.
M. MEMBER CONDUCT
You are solely responsible for the contents of your transmissions through
the Service. Your use of the Service is subject to all applicable local, state,
national and international laws and regulations. Therefore, you agree: (1)
to comply with all applicable United States laws regarding the transmission
of technical data exported from the U.S. through the Service; (2) that you
shall not use the Service for illegal purposes; (3) that you shall not interfere
or disrupt networks connected to the Service; and (4) that you shall comply
with all regulations, policies and procedures of networks connected to the
Service. The Service makes use of the Internet to send and receive certain
messages; therefore, your conduct is subject to Internet regulations, policies
and procedures. Members may not use the Service to send chain letters, junk
mail or spam (unsolicited bulk email) or to communicate with any person who
has not given specific permission to be included in such communications. In
addition, you may not transmit or post through the Service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable
material of any kind or nature. You further agree not to transmit or post
any material that encourages conduct that could constitute a criminal offense,
give rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited. Members may not interfere
with another Member's use and enjoyment of the Service or another entity's
use and enjoyment of similar services. Innertraveler may, at its sole discretion,
immediately terminate Service should Member's conduct fail to conform with
these Terms Of Service. Innertraveler reserves the right to terminate any
inactive or expired account.
N. INDEMNIFICATION
You agree to indemnify and hold Innertraveler, its officers, directors, employees,
volunteers, subsidiaries, affiliates, successors and assigns, harmless from
any third party claim or demand, including reasonable attorneys' fees, made
in connection with or arising out of your use of the Service, your violation
of the Terms Of Service, or the infringement by you, or other users of the
Service using your membership, of any intellectual property, right of privacy
or publicity, or other right of any person or entity.
O. TERMINATION/CANCELLATION
Innertraveler may terminate the Service with or without cause at any time
and effective immediately. Innertraveler shall not be liable to you or any
third party for termination of Service. Should Member object to any Terms
Of Service of this service or any subsequent modifications thereto or become
dissatisfied with the Service in any way, your sole and exclusive recourse
is to immediately discontinue your use of the Service; cancel your membership;
and notify Innertraveler of your cancellation. Upon termination of the Service,
your right to use the Service and Software immediately ceases and you shall
have no right and Innertraveler shall have no obligation thereafter to forward
any unread or unsent messages to Member or any third party.
P. NOTICE
Except as otherwise indicated herein, all notices to you from Innertraveler
or from you to Innertraveler shall be in writing and shall be made via Innertraveler
mail. Innertraveler may post notices or messages through the Service to inform
Members of changes to the Service, or the Terms Of Service of service, or
other matters of importance; such postings shall constitute sufficient written
notice to Member.
Q. LAWS
This Terms Of Service agreement shall be governed by and construed in accordance
with the laws of the United States of America, excluding its conflict of law
provisions. Both Member and Innertraveler agree to submit to the exclusive
jurisdiction of the courts of the United States of America. If any provision(s)
of these Terms Of Service are held by a court of competent jurisdiction to
be contrary to law, then such provision(s) shall be construed, as nearly as
possible, to reflect the intentions of the parties with the other provisions
remaining in full force and effect. Innertraveler's failure to exercise or
enforce any right or provision of the Terms Of Service shall not constitute
a waiver of such right or provision unless acknowledged and agreed to by Innertraveler
in writing. Member and Innertraveler agree that any cause of action arising
out of or related to this Service must commence within one (1) year after
the cause of action arose; otherwise, such cause of action is permanently
barred. By agreeing to these Terms Of Service you certify that all information
you supply to this service is true and correct to the best of your knowledge.
