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Terms
and Conditions of AbleStable® |
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Welcome
Last
Modified October 2007
You
are advised to revisit this page periodically as
AbleStable reserves the right to change these terms
at any time and without notification.
Welcome
to our Terms and Conditions. The links below will
take
you
to sections within this page. We have attempted at
all times to be clear and unambiguous. We update
our Terms
and Conditions
from time to time so please revisit this page periodically.
All updates are posted on this page.
If you have any suggestions for improvements to
our Terms and Conditions please visit our Feedback page
where you can contribute to the continuing development
of AbleStable.
AbleStable provides a comprehensive Privacy
Statement for all our users and is registered
under the Data Protection Act 1998. You may view
our entry
at Data Protection.
Contents
Definitions:
user types
The
following definitions of user types apply across AbleStable:
Users
All visitors to AbleStable
Grazers
Unregistered visitors to AbleStable
Clients
People seeking creative professionals and/or posting projects
Members
Creative professionals (people providing creative products
and/or services)
Registered Users
All registered users of our site: Clients and Members
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Introduction
AbleStable
is an independent business that provides support and encouragement
to creative people through a broad range of services including
a:
• Directory of creative
professionals
• Library with articles,
comment, an extensive creative glossary, web links, and
more
• Tools area with useful
live reference tools for creative people
• Freeware area with downloads
for both PC and Mac
•
Exhibitions area that encourages contributions from
the creative community
• Creative Products area
featuring books, magazines, services, and software
• Project area for viewing
and posting creative projects
These Terms and Conditions have been set out to ensure fair
practice is observed between all parties involved in the
delivery and usage of our site and services. The Terms and
Conditions apply to all registered users of AbleStable
and the Administrator and Directors of AbleStable.
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Exclusivity
Examples of Clients, Members and
work at AbleStable may be presented elsewhere,
either at a different time or at the same time. Work
at
AbleStable may be withdrawn from AbleStable at
any time. Work will be withdrawn from the web site no
later than one month of a formal request.
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Selection Criteria
All work that is accepted for inclusion at AbleStable must
fulfil the following criteria (decisions are final and
no correspondence will be entered into). Work will:
1)
not be illegal under UK and/or international law
2) be original and produced by an individual or a group
3) not be offensive to children
4) not be pornographic, or inflammatory by intentionally
causing tension between individuals and/or communities
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Liability
No liability will be incurred by AbleStable as a
direct result of, or influence by, any work presented
at AbleStable. Although every effort will be made
to ensure the person or body submitting material to the
AbleStable web site is supplying original work, if
this material turns out to be plagiarised or made by a
separate party, liability will fall upon the person who
submitted the work and not with AbleStable.
AbleStable shall not be under any liability to Registered
Users in any way whatsoever for any failure to perform
any of its obligations as a result directly or indirectly
of: war; rebellion; civil commotion; strike; lock-out;
industrial dispute; fire; explosion; earthquake; acts
of God; flood; drought; bad weather; electricity or other
power failure system failure; or the requisitioning or
other act or order by any government department council
or other constitutional body.
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Data Protection
All personal information presented to AbleStable
is kept strictly confidential and in accordance with the
Data Protection Act 1998/2000/2001 (United Kingdom). You
may view our entry at Data
Protection.
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Unsoliciting
E-mail: Spam
Registered Users of AbleStable (Clients and Members)
must not e-mail other Registered Users without first
contacting them by post or phone
to
enquire whether the Registered User in question authorises
contact by e-mail.
Registered Users may solicit e-mail contact (invite e-mail
contact) for the purpose of personal contact and/or promoting
their products and/or services. In these cases it is unnecessary
to seek permission before e-mail contact.
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Copyright
Although copyright remains with the contributor, all material
submitted to AbleStable is accepted on the bases
of a world-wide non-exclusive right to publish in electronic
form (rights are granted to AbleStable). This is
expressed at AbleStable as: All Material AbleStable
© 2002-2010.
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Directory Services: Conditions
The Exhibitions
Area and Competitions
Area at AbleStable have simplified and specific
terms and conditions that apply. People submitting materials
for either the Exhibitions or Competitions Areas agree
to the conditions found at: Exhibitions
Conditions | Competitions
Conditions
All Registered Users of AbleStable accept the following
conditions for their work to be placed at AbleStable
(decisions are final and no correspondence will be entered
into).
Project Postings
Projects are subject to approval and may be posted by
an individual, commercial business, or organisation at
AbleStable
without
charge.
Our extensive Frequently
Asked Questions (opens a new browser window) covers
all aspects of project postings at AbleStable including
an explanation of the different stages of posting a project.
Member Service Levels
The Information Member applicants provide during the
application process may be viewed on-line at AbleStable.
Members may
also be indexed and searchable in Internet search engines,
directories, and other sites that may have bookmarked,
or saved a copy of your page for reference. Members may
request to alter their profile at any time.
Members
enjoy a comprehensive
profile page fully cross referenced within our directory
with a listing under 1 Creative Area and 1 Discipline.
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Technical Conditions
All material offered for inclusion at AbleStable
must observe the following technical conditions:
1)
music must be offered as RealAudio, or another music file
acceptable to AbleStable.
2) streaming audio submissions will be limited to 2 MB.
3) streaming video submissions will be limited to 5MB.
4) visual art must be offered as jpg or gif, or another
graphic file acceptable to AbleStable.
5) multimedia, film, and video must be offered in Flash,
Shockwave, Quicktime, or another format acceptable to
AbleStable.
6) work made in Flash, Shockwave or Director will require
the constituent files so they can be inspected for compliance
with AbleStable's® technical and editorial guidelines.
7) short prose text files (less than one thousand words)
must be offered as a basic unformatted text file: Notepad.
8) long prose text files (higher than one thousand words)
must be offered as Portable Document Format (PDF), or
another format acceptable to AbleStable.
9) all work must be totally self contained and require
no server-side processing.
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Legal Conditions
Publishing artistic work on the Internet is complex legally,
and AbleStable aims to ensure submissions fall within
the law (United Kingdom and/or International). Users
(Clients and Members) of AbleStable accept the following
statements:
1)
Users hereby grant AbleStable a non-exclusive license
to use the supplied material(s) ("the Material")
or parts thereof for dissemination over the Internet via
AbleStable's® On-line services throughout the world
for the full period of copyright.
2) AbleStable shall not be obliged to make use of
any Material and shall not be liable for any loss of publicity
or enhancement of reputation or otherwise.
3) Users of AbleStable will not be returned and shall
become the property of AbleStable. It is therefore
advisable for all contributors to retain a copy of their
work.
4) Users of AbleStable hereby warrant that any copyright
material contained in the Material shall be either 4a)
or 4b):
4a) an original work of their own which they are fully
at liberty to use for all purposes of this Agreement without
the license or permission of any other person or entities
and without infringing the copyright or any other rights
whatsoever of any other person or entities.
4b) an original work which they are fully at liberty to
use for all purposes of this Agreement by reason of holding
all necessary licenses or permissions from all persons
or entities contributing to the Material by their visual
artwork, multimedia authoring, writing, composing, musical
performance or otherwise, and contributors warrant that
they are authorised by any such persons or entities to
make the Material.
To the extent that contributors are not so authorised
Users shall clearly notify AbleStable in writing
and supply to AbleStable such information as is available
to them to enable the identity of the person or entities
contributing to the Material to be ascertained. AbleStable
may then obtain further consent(s) from such person or
entities before considering the Material for use by AbleStable.
5) Users of AbleStable will indemnify and keep AbleStable
indemnified from and against all and any claims, costs,
damages, expenses, actions suffered or incurred by AbleStable
arising out of any breach of the warranties hereby given.
6) Users permit AbleStable to edit or change the
Material in any way that AbleStable may in its sole
discretion consider necessary for the purposes of use
in AbleStable's on-line services.
7) Users of AbleStable, by supplying the Material
and entering into this Agreement, hereby irrevocably and
unconditionally waive in perpetuity any so called "moral
rights" in respect of the Material and grant any
consents required under the Copyright Designs and Patents
Act 1988 (UK).
8) AbleStable reserves the right to seek and issue
publicity on behalf of the contributors.
9) Acceptance of these Legal Conditions is a condition
of entry of the Material, and receipt of Material amounts
to acceptance of the Legal Conditions.
10) Contributions are made at the User's own expense and
AbleStable shall not be liable to reimburse any expenses
incurred in making a contribution of the Material.
11) Contributions must not contain defamatory or obscene
material.
12) Users of AbleStable must not and may not enter
into this Agreement if a contract exists which precludes
their work being published elsewhere (an agreement which
may exist between the contributor and: a record label;
publisher - print and/or electronic - ; agent, or any
other interested party who holds rights to represent or
publish the User's material).
13)
All information, text, and electronic images contained
within the site www.ablestable.com are the intellectual
property of AbleStable and may not be reproduced
or used in any way (other than for personal use) without
permission. Note: This condition is to protect contributor's
work from being copied elsewhere without the permission
of contributors or AbleStable, and does not affect
the contributor's primary copyright.
14) Site design is the copyright of AbleStable ©
2002-2010.
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AbleStable: Registered
Trade Mark
'AbleStable' is a registered trade mark in respect of
'Compilation of Internet directories, advertising, advertising
services provided via the Internet The assertion of this
trade mark is made with the addition of the registered
trade mark logo: AbleStable.
Any unauthorised use of the combined words 'AbleStable'
is strictly prohibited, and any offender will be vigorously
pursued under international law. Unauthorised use refers
to any business using the combined words 'AbleStable'
for any profitable purposes.
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