Oriental VisArt Membership Agreement:

The Membership Agreement governs your use of the Oriental VisArt services more fully described below (“Services”) and creates a legally binding agreement between you and Oriental VisArt (“we”, “us” “our”, or ’’Oriental VisArt”) by checking the box marked "[I agree to the following:]" at the bottom of the registration page, you accept and agree to be bound by this Agreement.

Any changes to this Agreement will be effective upon posting of the revisions to our website. If we change this Agreement, we shall post a revised version of this Agreement here, which shall automatically replace the terms of this Agreement. You are responsible for reviewing our website and any applicable changes. Changes to this Agreement may be posted on our website without notice to you. Your continued use of the Services following our posting of a revised Agreement will constitute your acceptance of the revised Agreement. If you do not agree with the terms of this Agreement or any revised version of this Agreement, do not continue to use the Services.

Definition of Services:

Oriental VisArt offers a variety of services. Below is a definition of all services which is included in the term “Service”.  Pricing and other details with respect to each Service is set forth in the registration for the applicable Service and is expressly incorporated by reference into the terms of this Agreement.

Termination

You may terminate the membership for a yearly Service under this Agreement by clicking on the “Cancel” icon located on the Member Services page of our website.  The effective date of any such termination will be the end of the thirty day recurring yearly period indicated on the Member Services page. In the event of the termination of your membership, you shall be responsible for payment of all fees through the remainder of the membership term for such Service.

We may terminate your right to use and/or access any Service (including but not limited to any service which you may have for any Service) at any time in our sole discretion with or without prior notice. We may also suspend your use of the Services by disabling your user name and/or password for any reason, including but not limited to if we believe you have violated the terms of this Agreement or are using the information provided through the Services in a manner inconsistent with the spirit of this Agreement or the general terms and conditions of our website. If we terminate your right to use and/or access any Service, without cause, we agree to refund to you the pro rata portion of any payments made by you to us for such terminated Services.  In the event of any termination by us, you will remain responsible for payment for any additional services over the vicarious application as a result of your usage of any Membership service prior to termination.

Use of Services

In consideration of the payments made by you, and subject to you observing the obligations under this Agreement, we grant you access to the membership purchased via our website under the following conditions:

1. Unless otherwise agreed upon by us, each Service is limited solely to you and is not transferable and does not extend to any other person, employer, subsidiary or parent organizations, or to any other related or affiliated organizations. You may not assign, sub-license, transfer, change or otherwise dispose of your rights under this Agreement without our prior written consent.
2. We shall grant a username and password or IP restriction to you. You are responsible not to disclose the username or password or IP address to any other person and to monitor your account for any usage that is not your own. In the event that you cannot recall your username or password, or become aware that another person is using your username or password or IP restriction you must immediately contact Oriental VisArt customer service. You agree to co-operate with us as appropriate to stop further abuse should it occur.
3. We reserve the right to issue replacement usernames and/or passwords at any time.
4. You do not own any information you have purchased or printed from our Service pages or website. You shall use your best efforts to safeguard the intellectual property, confidential information, and proprietary rights of Oriental VisArt.
5. You are responsible for the provision of and payment for the computer equipment and telecommunication services necessary for access to the Products purchased.  We shall not issue credits or refunds against charges incurred by you in relation to such telecommunication services or those incurred contacting our customer support. You accept that we have no control over such telecommunication services and that we shall have no liability to you for the acts or omissions of providers of telecommunication services or for faults in or failures of their apparatus.

Usage Restrictions

You warrant that you will not:

(a) sell, distribute, license, or otherwise exploit any Service provided, or any element of it, for any commercial purpose;
(b) make any Service, or any element of it, available other persons;
(c) make any Service, or any element of it, available on, or by, electronic bulletin boards, news groups, Web sites, FTP or any other means of posting or transmitting material on the Internet, an on-line service, local or wide area network;
(d) remove or obscure any copyright notice(s) from including hard-copy print-outs;
(e) use any Information, or any element of it, to create any derivative work, product or service, or merge any Product with any other product, database, or service;
(f) alter, amend, modify, translate, or change any Product, or any element of it;
(g) undertake any activity which may have a damaging effect on our or any of our third party licensors' ability to achieve revenue through selling and marketing the Products;
(h) otherwise use any Information, or any element of it, supplied in accordance with this Agreement in a manner that would infringe the copyright or other proprietary rights contained within it;
(i) permit any third party to obtain remote access to any Information, or any element of it, through your computer network;
(j) download, or permit any third party to download any digital information to any storage media, including, but not limited to, system servers, hard disks, diskettes, CD-Roms and back up tapes; or
(k) disclose to any person, firm or company the username or password assigned by us.

Disclaimer of Warranty

THE SERVICES ARE PROVIDED "AS IS." NEITHER US NOR ANYONE ELSE MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, QUALITY, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANY REPRESENTATIVE OF US OR BY ANYONE ELSE SHALL CREATE ANY WARRANTIES.

We shall not be liable to you for any loss or damage whatsoever resulting from omissions or inaccuracies in the Products regardless of how it was caused. We do not warrant that access to the Products/Information will be free from errors or faults. In the event of a fault, you shall notify Oriental VisArt customer service by telephone, electronic mail or in writing and we shall use reasonable efforts to correct those faults or errors reported by you.

We shall not be liable for any claim arising from:
(a) any failure or malfunction resulting wholly or to any material extent from your negligence, operator error, or any other misuse or abuse of any Information;
(b) the failure by you to implement recommendations previously advised by us in respect of, or solutions for, faults in any Information;
(C) inability to use any Service/Information due to website downtime.

Force Majeure

Our failure to perform any term or condition of this Agreement as a result of conditions beyond our control such as, but not limited to, war, strikes, floods, governmental restrictions, power failures, or damage or destruction of any network facilities or services, shall not be deemed a breach of this Agreement.

Liability

OUR LIABILITY IN RESPECT OF ANY AND ALL CLAIMS AND/OR ACTIONS (WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY PRODUCT SUPPLIED HEREUNDER IS LIMITED TO THE AMOUNT OF FEES ACTUALLY PAID BY YOU UNDER THIS AGREEMENT. No action, regardless of form, arising out of any this Agreement or any Product supplied hereunder, may be brought by you more than one year after you have knowledge of the occurrence which gives rise to the cause of such action.

NOTWITHSTANDING ANYTHING ELSE CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OF PROFITS, BUSINESS, REVENUE, GOODWILL, ANTICIPATED SAVINGS OR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR LOSS OR DAMAGE OF ANY KIND OR NATURE; EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES IN ADVANCE.

You shall indemnify and hold us harmless against any and all claims, actions, demands, legal proceedings, losses, damages, liabilities and costs and expenses (including but not limited to legal fees) arising from any misuse of any Product under this Agreement, whether or not authorized by you, which are brought against us by third parties, and shall reimburse us for any costs and expenses (including but not limited to legal fees) resulting from any claims by us against you.

Governing Law

This Agreement, and the rights and liabilities of the parties with respect to this Agreement and the subject matter thereto, shall be governed by and construed according to the laws of Switzerland, without reference to the principles of conflicts of laws thereof, and of Switzerland applicable therein. You consent to the jurisdiction of the courts of Geneva to settle any dispute arising out of or relating to this Agreement or its subject matter not settled by the parties.