TraditionalRealism.com - Traditional / Contemporary / Representational / Classical Realism Art

Effective: 5/21/08

AGREEMENT
Your use of the TraditionalRealism.com ("we" "our" "us") Website (www.traditionalrealism.com) or Blog (http://traditionalrealism.blogspot.com)—collectively "Sites"—and/or Services (described below) is subject to the following Terms of Service Agreement ("Agreement") and our Privacy Policy. TraditionalRealism.com reserves the right to update this Agreement at any time without notice to you by posting the changes on this page— http://www.traditionalrealism.com/terms_of_service.asp. Please review these terms carefully. BY CONTINUING TO USE OUR WEBSITE, BLOG, AND/OR SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY AND COMPLY WITH THESE TERMS AND ALL REVISIONS THEREOF WITHOUT LIMITATION. You represent and warrant you have reached the age of legal majority, and if applicable, you can form legally binding contracts under applicable law. If you do not accept this Agreement and our Privacy Policy, you should not use the Sites or Services provided by TraditionalRealism.com.

DESCRIPTIONS OF SERVICES
TraditionalRealism.com was created (1) to offer exposure, resources, marketing services, and an online community for realism artists ("Artists") to share photos and information about their work and (2) to give collectors of realism art ("Collectors) information about and access to these Artists— collectively known as the "Services". Detailed descriptions of our Services are found on the Artist Application page, For Collectors page, and other locations throughout our Sites, and these descriptions of our Services will be considered incorporated into and a part of this Agreement. The Services, including any updates, enhancements, new features, and addition of new web properties are subject to this Agreement.

CRITERIA FOR MEMBERSHIP
TraditionalRealism.com will review and select artists based on the following criteria:

Majority of work is completed in the field of realism (traditional realism, classical realism, representational, or contemporary realist art).
Artistic merit as demonstrated by samples of the artist's work.
Dedication to the pursuit of a career as a professional artist.
Quality of supplementary materials and thoroughness in completing application.
Vision of TraditionalRealism.com.

Artists seeking membership with TraditionalRealism.com will be judged by professionals in the field of traditional realism based on the criteria listed above. Judges will be limited by the quality of written and visual materials submitted by each artist. Acceptance or non-acceptance for membership is based on the subjective judgment of TraditionalRealism.com.

FEES FOR ARTIST MEMBERSHIP SERVICES
There is no fee to apply for membership. If selected to join TraditionalRealism.com as a member artist, you may choose one of the following levels of membership:

Basic Membership - $60/year payable annually (introductory pricing, available to all accepted artists who apply before December 31, 2008)

A web page dedicated to the artist featuring the artist's name, biography, artist statement, resume, contact information, up to three thumbnail photos and three corresponding large photos of the artist's current work with detailed information, and links to the artist's email, gallery representation, and website(s), as supplied by the artist. Artist can request updates to text information as needed and are allowed replacement of photos with up to three new works during the year.
A chance to be the featured artist on the TraditionalRealism.com home page (featured artists will be selected at random, with approximately one featured artist per month).
Opportunities to market your work to the online community and directly to collectors. We intend to send newsletters to interested collectors informing them of new artists, new works, and other news as appropriate.

Enhanced Membership - $80/year payable annually (introductory pricing, available to all accepted artists who apply before December 31, 2008)

All the benefits of basic membership, plus list your upcoming shows and important news to share, feature up to six photos of your work, instead of three, and receive replacement of photos with up to six new works during the year.
We will use targeted marketing to keep interested collectors informed of your shows, news, and other information as appropriate.

Premium Membership - $100/year payable annually (introductory pricing, available to all accepted artists who apply before December 31, 2008)

All the benefits of basic and enhanced membership, plus display up to 20 photos of your work at one time with unlimited changes during the year.

FEES FOR OTHER SERVICES
TraditionalRealism.com may offer, from time to time, other services outside the scope of Artist Membership, such as art competitions or other special events or services. Details regarding and fees charged for these other services will be specified at the time the service is offered. In addition, TraditionalRealism.com may utilize the services of third parties in the carrying out of our business, or offer you information regarding services offered by third parties. In this case, it is up to you to obtain information regarding the third-party services, including any fees these third parties may impose or collect.

GUIDELINES AND RESTRICTIONS

Only work done primarily in the field of realism (traditional, classical, representational, contemporary) will be considered.
Only original works of fine art will be accepted. No giclees, reproductions, or commercial work will be considered or displayed on TraditionalRealism.com. Student work is acceptable for the artist application, as a demonstration of artistic merit, for those still pursuing their education/training or just beginning their careers; however, only original art conceived by and unique to the artist will be displayed on TraditionalRealism.com if accepted.
Submitted materials will not be returned. Please do not send original files or documents. Do not send slides, transparencies, or printouts. All images must be submitted via email or on CD unless noted otherwise.
Always keep backups of your files. TraditionalRealism.com will not be responsible for lost or damaged files or content.
Membership benefits are subject to change at any time during the year without notice and without refund due.
Membership is valid for one year from the date of acceptance.
Membership fees are subject to change at any time during the year without notice. Any increase or decrease in membership rates will apply to all new or renewing artists. Current artists will not receive a refund if lower prices are offered after payment, nor will they be subject to a rate increase until time of renewal. We will notify renewing artists of the current membership fee at time of renewal. We will always publish current rates on our website.
Artists can upgrade or degrade membership type at any time during the membership year. An upgrade fee will apply based on the difference between the current rate of the upgrade level and rate of the previous membership level at time of original payment. For example, if an artist joined at the basic membership level for $60.00 and would like to upgrade to the enhanced membership level, currently priced at $80.00, an upgrade fee of $20.00 would apply. No refunds will be given if a membership level degrade is requested after payment is received; services will be downgraded to the new membership level.
Artists may request cancellation of their TraditionalRealism.com membership at any time; however, no refund will be given on fees paid.
TraditionalRealism.com may elect to terminate an artist's membership at any time if it has decided an artist is no longer complying with the criteria for membership or payment of fees due, and in this case, no refunds will be given to the Artist.

PRIVACY
TraditionalRealism.com respects your right to privacy. Please review our Privacy Policy at http://www.traditionalrealism.com/Privacy_Policy.asp for information on how TraditionalRealism.com collects and uses your information. By accepting this Agreement, you expressly consent to TraditionalRealism.com's disclosure and use of your personal information and right to communicate with you via email as described in our Privacy Policy. Our Privacy Policy is incorporated into and forms a part of this Agreement.

INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
All trademarks, trade names, images, logos, designs, code, and all material contained on/in our Sites, including all portions of the Website, Blog, content, site design, text, graphics, and all intellectual property rights thereto, including that which identifies TraditionalRealism.com or third parties and their products and services (collectively the "Content"), are the sole and exclusive property of Keysar Studios, owner of TraditionalRealism.com, and/or the relevant third parties. TraditionalRealism.com and Keysar Studios are trademarks of Keysar Studios. Content is protected by copyright and trademark laws and other proprietary rights. No part of this Service shall be deemed to confer on any person any license or right on the part of Keysar Studios or any third party with respect to such Content. The use of any such Content for any other reason, on any other site, or the modification, distribution, or republication of any Content, without the prior express written permission of Keysar Studios, or the appropriate copyright owner, is strictly prohibited.

TraditionalRealism.com welcomes your questions and feedback regarding our Sites and Services; however, we do not invite unsolicited submissions of ideas or other suggestions ("Ideas") relating to our business. Therefore, unless otherwise explicitly stated by us, all ideas and intellectual property included in any unsolicited submission of Ideas will automatically be treated as non-confidential and as the sole property of Keysar Studios. Keysar Studios has no obligations to you with respect to these Ideas and is entitled to use an Idea for any purpose whatsoever, commercial or otherwise, without compensation or credit to you or anyone else.

We do not claim ownership rights in any content that Artists submit for inclusion on their artist profile page, as part of their TraditionalRealism.com membership. Except as otherwise stated in this Agreement, by submitting, posting, publishing, uploading, downloading, distributing, editing, modifying, or transmitting any content on or through our Sites or directly to us, you hereby grant Keysar Studios a non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable, worldwide right and license to exercise the copyright, publicity, and database rights you have in the information you have provided to us, and likewise to store, use, modify, publicly perform, publicly display, reproduce, and distribute such content in connection with our Sites and our business, in any current or future form or media, including without limitation any images of your Art. TraditionalRealism.com will use such information solely to provide our Services and to market our business and your work. You are solely responsible for the content that you submit to us. We assume no liability for any content submitted by you.

TERMS AND CONDITIONS OF USE
Content on our Sites or in our customer service/marketing/advertising materials (e.g., emails, magazine ads, direct mail, etc.) may not be used except as provided in this Agreement or in the text of our Sites or materials. No portion of the Content may be reprinted, republished, or distributed in any form without the prior express written permission of TraditionalRealism.com. Any person using our Sites is authorized to use, copy, print, or distribute the Site Content only as follows: (1) users may print out individual pages, but are not authorized to copy or download a large portion of our Sites (e.g., no bots, spiders, or webcrawlers that harvest the Site); (2) users may download, print, store, distribute, and use pages / information from the Site only for personal, informational, non-commercial, or educational purposes; and (3) users may link to the home page of our Sites, or if a member artist to your artist profile page, as long as the link does not portray TraditionalRealism.com, its affiliates, or our/their products or services in a false, misleading, derogatory, or otherwise offensive manner, and provided that the link does not falsely imply or suggest that TraditionalRealism.com has endorsed or is affiliated with the linked website. We reserve the right to terminate this authorization at any time, without notice, at our sole discretion.

TraditionalRealism.com may, in our sole discretion, remove or delete any Content that you post on our Sites that violates this Agreement or is otherwise deemed objectionable by us in our sole discretion, or issue a warning, suspend, or terminate your access to our Services for breach of this Agreement, or for any other reason in our sole discretion. TraditionalRealism.com may also, in our sole discretion, refrain from sharing or posting any content to our Sites, which you have submitted to us that we deem objectionable, offensive, or against our criteria or the vision for TraditionalRealism.com.

You agree to provide true, accurate, and complete information about yourself during the application and registration process for TraditionalRealism.com, and in your communications with TraditionalRealism.com, and you agree to maintain and update this information to keep it accurate.

Selection of artists for membership and evaluation of artwork for display on our Sites is made based on the sole opinion of the owners of TraditionalRealism.com or those granted authority by us to make such opinions. In no way does TraditionalRealism.com guarantee the quality, value, or future value of an artist's work. We do not appraise artists' work. Any prices displayed on TraditionalRealism.com are submitted and set by the creator of the artwork. We are not responsible for any exchanges, contracts, purchases, or any other type of dealings made privately between Artist and Collector.

PROHIBITED USES
In using our Sites and Services, you agree to not:

Upload, download, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, vulgar, harassing, false, inaccurate, misleading, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights, including but not limited to rights of celebrity, privacy, and intellectual property;
Impersonate or harass any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Upload, download, post, email, or otherwise transmit any content that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary or moral right of any party. By transmitting any content, you represent and warrant that you have the lawful right to reproduce and distribute such content and that the content complies with all applicable federal, state, and local laws, regulations, and ordinances;
Upload, download, post, email, or otherwise transmit any content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, statute, ordinance, or regulation;
Upload, download, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation, or to post any information unrelated to art;
Upload, download, post, email, or otherwise transmit any material that contains any viruses, worms, Trojan horses, time bombs, cancelbots, 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, download, post, email, or otherwise transmit false or misleading information;
Disrupt or interfere with the security of; disobey any procedures, policies, regulations, or requirements of; or otherwise abuse the Sites, or any services, system resources, accounts, servers, or networks connected to or accessible through the Sites or affiliated or linked websites;
Access, tamper with, or use non-public areas of the Sites. Unauthorized individuals attempting to access these areas of the Sites may be subject to prosecution;
Disrupt or interfere with any other user's enjoyment of the Sites or affiliated or linked websites;
Frame or link to the Sites except as permitted in writing by TraditionalRealism.com;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through TraditionalRealism.com;
Copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute, or create derivative works based on, Content available through the Sites, including code and software, in violation of applicable copyright and other intellectual property laws;
Reverse engineer, reverse assemble, or otherwise attempt to discover any source code; sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the software; or allow any third party to do the same;
Modify the software in any manner or form, or use modified versions of the software, including without limitation, for the purpose of obtaining unauthorized access to TraditionalRealism.com;
Access TraditionalRealism.com by any means other than through the interface that is provided by TraditionalRealism.com for use in accessing TraditionalRealism.com.

AVAILABILITY AND DISCLAIMER
OUR SITES, ALL THE CONTENT THEREIN, AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF TRADITIONALREALISM.COM DOES NOT GUARANTEE THAT AND MAKES NO WARRANTY THAT:

OUR SITES WILL BE FREE OF INFECTION OR VIRUSES THAT MIGHT DAMAGE OR INTERFERE WITH YOUR COMPUTER, DATA, OR PERSONAL INFORMATION;
OUR SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS;
OUR SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TRADITIONALREALISM.COM WILL BE ACCURATE OR RELIABLE OR MEET YOUR NEEDS OR EXPECTATIONS; AND
CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO ALL APPLICABLE LAW, TRADITIONALREALISM.COM HEREBY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO OUR SITES AND THEIR CONTENT. TRADITIONALREALISM.COM RESERVES THE RIGHT TO MODIFY, SUSPEND, OR DISCONTINUE OUR SITES OR SERVICES, IN ITS SOLE DISCRETION, AT ANY TIME AND WITHOUT NOTICE. YOU AGREE THAT TRADITIONALREALISM.COM IS NOT LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE SITES OR SERVICES. WITH REGARDS TO OUR SERVICES, TRADITIONALREALISM.COM ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS OF, DELETION OF, MIS-DELIVERY OF, OR FAILURE TO STORE ANY USER CONTENT OR COMMUNICATIONS.

YOU AGREE THAT TRADITIONALREALISM.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NON-DELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF TRADITIONALREALISM.COM, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS.

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA, AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT TRADITIONALREALISM.COM DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, TRADITIONALREALISM.COM AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY, OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TRADITIONALREALISM.COM, OR THROUGH OR FROM THE SITES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION ITS OWN NEGLIGENCE, SHALL TRADITIONALREALISM.COM OR ITS OWNERS, PARENTS, SUBSIDIARIES, OFFICERS, EMPLOYEES, AFFILIATES, DIRECTORS, AGENTS, SUPPLIERS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, TRANSMITTING, OR DISTRIBUTING TRADITIONALREALISM.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, CONTENT, OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (EVEN IF TRADITIONALREALISM.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

THE USE OR INABILITY TO USE THE SITES OR A WEBSITE LINKED TO OUR SITES;
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITES;
ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, LINE FAILURE, OR OTHER MALFUNCTION;
FAILURE TO PERFORM ANY ASPECT OF THE SERVICES IN A TIMELY MANNER, REGARDLESS OF WHETHER SUCH FAILURE WAS CAUSED BY INTENTIONAL OR NEGLIGENT ACTS OR OMISSIONS OF US OR A THIRD PARTY; OR
ANY OTHER MATTER ARISING OUT OF OR RELATING TO THE SITES OR SERVICES PROVIDED.

YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. TRADITIONALREALISM.COM MAKES NO WARRANTY REGARDING ANY ART PURCHASED FROM ARTISTS FEATURED ON OUR SITES OR THROUGH OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. TRADITIONALREALISM.COM EXPRESSLY DISCLAIMS ANY ENDORSEMENT OR WARRANTY OF ANY ART DISPLAYED ON OUR SITES OR THROUGH OUR SERVICES, AND ANY RESPONSIBILITY FOR ANY MISREPRESENTATIONS OR BREACHES COMMITTED BY ANOTHER PERSON OR ENTITY.

IF YOU ARE DISSATISFIED WITH THE SITES OR ANY SERVICES OFFERED BY TRADITIONALREALISM.COM, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES AND THE SERVICES AND/OR CANCEL YOUR MEMBERSHIP. IN ALL CIRCUMSTANCES, OUR MAXIMUM LIABILITY AND YOUR MAXIMUM REMEDY FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) ARISING FROM THESE TERMS OF SERVICE OR YOUR USE OF THE SITES AND THE SERVICES SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO TRADITIONALREALISM.COM PURSUANT TO THIS AGREEMENT.

WARRANTY OF OWNERSHIP AND NON-INFRINGEMENT
FOR ALL CONTENT THAT YOU SUBMIT, POST, OR OTHERWISE TRANSMIT TO US, YOU REPRESENT AND WARRANT THAT:

YOU ARE THE OWNER OF THE CONTENT;
YOU HAVE THE LEGAL RIGHT AND AUTHORITY TO ENTER INTO THIS AGREEMENT;
YOU HAVE NO KNOWLEDGE AS TO ANY THIRD-PARTY CLAIMS REGARDING THE INTELLECTUAL PROPERTY OR OTHER RIGHTS IN THE CONTENT, WHICH CLAIMS WOULD INTERFERE WITH THE RIGHTS GRANTED UNDER THIS AGREEMENT;
THE CONTENT DOES NOT INFRINGE THE RIGHTS OF PRIVACY, CELEBRITY, MORAL, OR OTHER RIGHTS OF ANY THIRD PARTY;
THE WORK IS NOT DEFAMATORY OR OBSCENE;
THE CONTENT DOES NOT CONTAIN ILLEGAL MATERIAL;
THE CONTENT DOES NOT CONTAIN MATERIAL WHICH DENIGRATES OR ATTACKS ANY PERSON BASED ON RACE, RELIGION, NATIONAL ORIGIN, SEXUAL ORIENTATION, OR THE LIKE ("DISCRIMINATORY CONTENT").

YOU SPECIFICALLY ACKNOWLEDGE THAT TRADITIONALREALISM.COM IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS MAY NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS SUCH, SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

INDEMNIFICATION
You agree to defend, indemnify, and hold harmless TraditionalRealism.com, its officers, directors, employees, partners, and agents from and against any and all claims, liabilities, damages, settlements, penalties, judgments, awards, losses, expenses, causes of action and demands, actual and consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, including claims brought by third parties, including, without limitation, the costs, expenses, expert witness fees, attorney's fees, and costs of litigation on account thereof, due to or arising out of (a) content you submit, post to, or transmit through the Sites; (b) your use of the Sites and/or Services; (c) your connection to the Sites; (d) your violation of this Agreement; or (e) your violation of any rights of a third party.

INTERNATIONAL USE
TraditionalRealism.com makes no representation that materials on our Sites are appropriate or available for use in locations outside the United States. Access to this website from countries or territories where such access is illegal is prohibited. Those who choose to access our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws.

COPYRIGHT VIOLATIONS
TraditionalRealism.com respects the copyright and intellectual property rights of others and requires users of our Sites and Services to do the same. TraditionalRealism.com may, at its sole discretion and in appropriate circumstances, remove content submitted to the Site, terminate the accounts of users, or prevent access to our Sites by users who infringe the copyright or intellectual property rights of others; and remove or disable links or references to an online location that may contain infringing material or activity. If you believe the copyright in your work, or in the work for which you act as an agent, has been infringed through this Service, please contact TraditionalRealism.com's agent for notice of claims of copyright infringement at violations@TraditionalRealism.com. If you are writing to complain about copyright or intellectual property right infringement, you must provide the following (see 17 U.S.C. 512 (c)(3) for further details):

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
A description of the copyrighted work or other intellectual property that you claim has been infringed and the material you believe causing such infringement;
A description of where the material that you claim is infringing is located on the site;
Give enough information to enable TraditionalRealism.com to contact you regarding your complaint, including your name, address, telephone number, and e-mail address if available;
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;
A statement by you, made under penalty of perjury, that the information in your notification is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.

TraditionalRealism.com's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

Please note that under the relevant law, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are writing about any other issue, please include details that would assist TraditionalRealism.com in investigating and resolving any concerns you may have.

TERMINATION AND CANCELLATION
You agree that TraditionalRealism.com, in its sole discretion, may terminate your use of our Sites and Services and remove and discard any content within our Sites, for any reason, including, without limitation, for lack of use or if TraditionalRealism.com believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service or other policies of TraditionalRealism.com. TraditionalRealism.com may also in its sole discretion, and at any time, discontinue providing our Services, or any part thereof, with or without notice. You agree that any termination of your access to TraditionalRealism.com under any provision of this Agreement may be effected without prior notice, and you acknowledge and agree that TraditionalRealism.com may immediately deactivate or delete your membership account and all related information and content. Further, you agree that TraditionalRealism.com shall not be liable to you or any third party for any termination of your access to our Sites or Services.

You may cancel your membership at any time; however, no refunds will be given on fees paid, and you will still be held liable for any fees owed prior to your cancellation. To cancel your membership, please send an email to Cancel@TraditionalRealism.com, and include your name, address, email, phone number, membership #, and membership start date. We need this information to verify account ownership. We must receive your request in writing. If you have not heard from us within two weeks of sending your request, and would like to make sure your cancellation request was received, you may call us at 704-886-8013. Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via postal mail or phone.

NO AGENCY
No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

THIRD PARTIES
Our Sites may link to or be linked from other sites not maintained by or affiliated with TraditionalRealism.com. TraditionalRealism.com does not endorse or sponsor, nor is it responsible for the information, service, content, links, or security of any third-party links provided. If you decide to access any third-party sites, you do so at your own risk. TraditionalRealism.com is not liable for any damages or injury arising from use of such third-party sites. TraditionalRealism.com does not endorse any content placed on our Sites by third parties or any opinions or advice contained in such content.

MONITORING
You agree that TraditionalRealism.com has the right, but not the obligation, to monitor all material and content on our Sites. TraditionalRealism.com reserves the right at all times to edit, disclose, or refuse to post any material or information or request removal of or remove any material or information from our Sites.

WAIVER
The failure of you or us to require performance by the other party of any provision hereof shall not affect the full right to require such performance at any time thereafter.

ENTIRE AGREEMENT
These Terms of Service comprise the entire agreement between you and TraditionalRealism.com and supersede all prior and contemporaneous agreements between the parties, both oral and written, with respect to the Sites, content, Services, or products provided by TraditionalRealism.com, and regarding the subject matter contained herein. All provisions in these Terms of Service regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Service. You may also be subject to additional terms and conditions that may apply when you use third-party content or services.

ASSIGNMENT
TraditionalRealism.com shall have the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any person or business entity without notice to you. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of TraditionalRealism.com.

HEADINGS
The numbering and headings used in this Agreement are provided for convenience and reference only and shall not affect the scope, meaning, intent, or interpretation of the provisions of this Agreement, nor shall such headings otherwise be given any legal effect.

DISPUTES AND ARBITRATION
This Agreement shall be governed by the laws of the State of North Carolina, and the courts of such state shall have exclusive jurisdiction and venue. All disputes, controversies, or claims arising under this Agreement shall be submitted to binding arbitration before a single arbitrator in Mecklenburg County, North Carolina, and settled in accordance with the rules of the American Arbitration Association and the laws of the State of North Carolina. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator may award arbitration and court costs, reasonable attorney's fees, and legal interest on any award of judgment in favor of TraditionalRealism.com. Disputes in which the amount at issue is less than $500.00 shall not be subject to this arbitration provision. You agree that regardless of any statute or law to the contrary, that any claim or cause of action arising out of or related to the use of TraditionalRealism.com or this Agreement shall be filed within one year after such claim or cause of action arose or be forever barred. If any provision of this Agreement shall be invalid or unenforceable under law, such unenforceable provision shall be deemed amended to achieve as nearly as possible the same intent as the original provision without affecting the remaining provisions of the Agreement.

COMMENTS
If you have any comments or questions about TraditionalRealism.com, please contact us by email at TRfeedback@TraditionalRealism.com.