A note from the team

 

Ekphrasis.net provides you an easy way to generate ekphrastic art by combining your text with our resident artist's knowledge. You own and control what you share on Ekphrasis.net. We ask you to respect our service and community. If you ever see anything on ekphrasis.net that looks like it violates our policies, please let us know. We hope you enjoy ekphrasis.net as much as we enjoy working at, with and developing this site.

 

Accepting the Terms of Services

 

The purpose of this website, https://ekphrasis.net (the “site”), owned and operated by Ekphrasis.net is to provide web publishing service. Please read this these terms of service (“Agreement”) carefully before using the site or any service provided on the site (collectively, “services”). By using or accessing the services you agree to be bound by all the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, do not use the Services. The services are accessed by you (“subscriber” or “you”) under the following terms and conditions:

 

Access to the Services

 

Subject to the terms and conditions of this Agreement, Ekphrasis.net may offer to provide the services, as described more fully on the Site, and which are selected by Subscriber, solely for Subscriber’s own use, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Ekphrasis.net performs for subscribers, as well as the offering of any content (as defined below) on the site. Ekphrasis.net may change, suspend or discontinue the services at any time, including the availability of any feature, database, or content. Ekphrasis.net may also impose limits on certain features and services or restrict a subscriber’s access to parts or all of the services without notice or liability. Ekphrasis.net reserves the right, at its discretion, to modify these Terms of Service at any time by posting revised Terms of Service on the Site and by providing notice on the Site. Subscriber shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by Subscriber following such modification constitutes Subscriber's acceptance of the terms and conditions of this Agreement as modified.

 

The subscriber certifies to Ekphrasis.net that if the subscriber is an individual (i.e., not a corporate entity), the subscriber is at least 13 years of age. No one under the age of 13 may provide any personal information to or on Ekphrasis.net (including, for example, an email address). Subscribers also certify that it is legally permitted to use the services and access the site, and takes full responsibility for the selection and use of the services and access of the site. This Agreement is void where prohibited by law, and the right to access the site is revoked in such jurisdictions.

 

Ekphrasis.net will use reasonable efforts to ensure that the site and services are available twenty-four hours a day, seven days a week. However, there will be occasions when the site and/or services will be interrupted for maintenance, upgrades and repairs or due to failure of telecommunications links and equipment. Every reasonable step will be taken by Ekphrasis.net to minimize such disruption where it is within Ekphrasis.net's reasonable control.

 

You agree that neither ekphrasis.net nor the site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the site, the service, your subscriber content or other content.

Ekphrasis.net retains the right to create limits on use and storage in its sole discretion at any time with or without notice.

Subscribers shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access the site or otherwise use the services. Subscribers shall be responsible for ensuring that such equipment or ancillary services are compatible with the service.

 

Site Content

 

The site and its contents are intended solely for the use of ekphrasis.net subscribers and may only be used in accordance with the terms of this Agreement. The site is protected by copyright as a collective work and/or compilation.

 

Subscriber may download or copy the content, and other items displayed on the site for download, for personal use only, provided that subscribers maintain all copyright and other notices contained in such content. Downloading, copying, or storing any content for other than personal, noncommercial use is expressly prohibited without prior written permission from ekphrasis.net, or from the copyright holder identified in such content's copyright notice. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and the data accompanying the software (collectively, the “Software”) is licensed to you by ekphrasis.net or third party licensors for your personal, noncommercial use, and no title to the software shall be transferred to you. You may own the subscriber content on which the software is recorded, but ekphrasis.net or third party licensors retain full and complete title to the software and all intellectual property rights therein.

 

 

Subscriber Content

 

Subscribers shall own all subscriber content that subscribers contribute to the site, but hereby grants and agrees to grant ekphrasis.net a non-exclusive, worldwide, royalty-free, transferable right and license (with the right to sublicense), to use, copy, cache, publish, display, distribute, modify, create derivative works and store such subscriber content and to allow others to do so (“Content License”) in order to provide the services. On termination of a subscriber’s membership to the site and use of the services, ekphrasis.net shall make all reasonable efforts to promptly remove from the site and cease use of the Subscriber content; however, subscribers recognize and agree that caching of or references to the subscriber content may not be immediately removed. The Subscriber warrant, represents and agrees the subscriber has the right to grant ekphrasis.net and the site the rights set forth above. The subscriber represents, warrants and agrees that it will not contribute any subscriber content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the subscriber owns the trade secret or has the owner’s permission to post it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (e) contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information, or (f) contains full nudity, pornographic images, pornographic cartoons or anime, or (g) remains posted after subscriber has been notified that such subscriber content violates any of sections (a) to (g) of this sentence. Ekphrasis.net reserves the right to remove any subscriber content from the site, suspend or terminate a subscriber’s right to use the services at any time, or pursue any other remedy or relief available to ekphrasis.net and/or the site under equity or law, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such subscriber content or ekphrasis.net is concerned that a subscriber may have breached the immediately preceding sentence), or for no reason at all.

 

Restrictions

 

The subscriber is responsible for all of his activity in connection with the services and accessing the site. Any fraudulent, abusive, or otherwise illegal activity or any use of the services or content in violation of this Agreement may be grounds for termination of a subscriber’s right to services or to access the site.

 

Warranty disclaimer

 

Ekphrasis.net has no special relationship with or fiduciary duty to the subscriber. Subscribers acknowledge that ekphrasis.net has no control over, and no duty to take any action regarding: which users gains access to the site; which content the subscriber accesses via the site; what effects the content may have on the subscriber; how a subscriber may interpret or use the content; or what actions a subscriber may take as a result of having been exposed to the content. Much of the content of the site is provided by and is the responsibility of the user or subscriber who posted the content. Ekphrasis.net does not monitor the content of the site and takes no responsibility for such content. The subscriber releases Ekphrasis.net from all liability for a subscriber having acquired or not acquired content through the site. The site may contain, or direct the subscriber to sites containing, information that some people may find offensive or inappropriate. Ekphrasis.net makes no representations concerning any content contained in or accessed through the site, and Ekphrasis.net will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the site.

 

Although Ekphrasis.net and the site will make reasonable efforts to store and preserve the material residing on the site, neither Ekphrasis.net nor the site is responsible or liable in any way for the failure to store, preserve or access subscriber content or other materials you transmit or archive on the site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the site. You are solely responsible for creating back-ups of your subscriber content.

 

The services, content, site and any software are provided on an "as is" basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. Ekphrasis.net makes no representations or warranties of any kind with respect to the site, the services, including any representation or warranty that the use of the site or services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, (d) be free of viruses or other harmful components.

 

To the fullest extent allowed by law, ekphrasis.net disclaims any liability or responsibility for the accuracy, reliability, availability, completeness, legality or operability of the material or services provided on this Site. By using this Site, you acknowledge that ekphrasis.net is not responsible or liable for any harm resulting from (1) use of the site; (2) downloading information contained on the site including but not limited to downloads of content posted by subscribers; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content posted by subscribers; (4) the temporary or permanent inability to access or retrieve any subscriber content from the site, including, without limitation, harm caused by viruses, worms, trojan horses, or any similar contamination or destructive program.

 

Registration and security

 

As a condition to using services, the subscriber will be required to register with ekphrasis.net and select a password. The subscriber shall provide ekphrasis.net with accurate, complete, and updated registration information, including Subscriber’s e-mail address. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of a subscriber's account. Subscribers may not (a) select or use as an email of another person with the intent to impersonate that person; or (b) use an email of a person other than the subscriber without appropriate authorization. Ekphrasis.net reserves the right to refuse registration of, or cancel an ekphrasis.net account in its discretion. Subscribers shall be responsible for maintaining the confidentiality of a subscriber's Ekphrasis.net password. The subscriber is solely responsible for any use of or action taken under the subscriber’s password and accepts full responsibility for all activity conducted through a subscriber’s account and agrees to and hereby releases the site and ekphrasis.net from any and all liability concerning such activity. Subscribers agree to notify ekphrasis.net immediately of any actual or suspected loss, theft, or unauthorized use of a subscriber’s account or password. The site will take reasonable security precautions when using the internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data communications by unauthorized persons or entities.

 

Indemnity

 

Subscribers will indemnify and hold Ekphrasis.net, its directors, officers and employees, harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of a subscriber’s access to the site, use of the services, the violation of this Agreement by the subscriber, or the infringement by a subscriber, or any third party using the subscriber's account, of any intellectual property or other right of any person or entity.

 

Limitation of liability

 

In no event shall ekphrasis.net, its directors, officers, shareholders, employees or members be liable with respect to the site or the services for (a) any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (b) damages for loss of use, profits, data, images, subscriber content or other intangibles; (c) damages for unauthorized use, non-performance of the Site, errors or omissions; or (d) damages related to downloading or posting content.

 

Fees and payments

 

Some of the Services or Products require payment of fees. All fees are stated in U.S. dollars. Subscriber shall pay all applicable fees, as described on the site in connection with such Services selected by a subscriber, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise on the site. The subscriber represents to ekphrasis.net that the subscriber is the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the services. All fee-based services and virtual goods are provided “AS IS” with no warranties of any kind. Ekphrasis.net may modify and/or eliminate such fee-based services at its discretion. Subscribers understand and agree that the payment for virtual goods grants a subscriber a limited license to use the virtual goods as specified on the site.

 

 

Ekphrasis.net may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the site.

 

Termination

 

Either party may terminate the services at any time by notifying the other party by any means. Ekphrasis.net may also terminate or suspend any and all services and access to the site immediately, without prior notice or liability, if a subscriber breaches any of the terms of service of this Agreement. Upon termination of a subscriber's account, the subscriber’s right to use the services, access the site, and any content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the site and the services shall not relieve a subscriber of any obligations arising or accruing prior to such termination or limit any liability which the subscriber otherwise may have to ekphrasis.net or the site, including without limitation any indemnification obligations contained herein.

 

Privacy

 

Please review our Privacy Policy, which governs the use of personal information on the site and to which the subscriber agrees to be bound as a user of the site.

 

Miscellaneous

 

This Agreement (including the Privacy Policy), as modified from time to time, constitutes the entire agreement between you, the site and ekphrasis.net with respect to the subject matter hereof. This Agreement replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter hereof. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder ekphrasis.net shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ekphrasis.net’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by the subscriber except with ekphrasis.net’s prior written consent. Ekphrasis.net may assign this Agreement in whole or in part at any time without the subscriber’s consent. No agency, partnership, joint venture, or employment is created as a result of this Agreement and the subscriber does not have any authority of any kind to bind ekphrasis.net in any respect whatsoever.

 

Hi-resolution licence

 

Royalty-free hi-resolution products may be used by the buyer multiple times for multiple projects without incurring additional fees. A royalty-free licence is not issued for any the specific use. Buyers do not have to pay any additional royalties for successive uses of a royalty-free product. However, the rights granted are non-transferable and are personal to the buyer. If the buyer licenses a royalty-free product to be used in a derivative work of a third-party, they may not use the licensed product separately from the derivative work. Royalty-free licences are always non-exclusive.

 

Violations

 

Please report any violations of the Terms of Service to admin@ekphrasis.net

 

              

 



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