Terms and Use of this Website

You retain all rights in any media and content you create and present on THWA. You may only upload or present media and content in which you own all rights or have documented approval for. You must not upload or present any media or content in which you do not have the appropriate rights to do so. You may be in violation of copyright laws if you do not have all appropriate rights to the media and content you upload or present on THWA. THWA reserves the right to cancel any and all accounts of individuals violating copyright laws. Uploading copyrighted media or content without the explicit consent of the copyright owner will result in cancellation in any and all of your accounts. These terms of use outline your rights and responsibilities as a user of the THWA service.

By using and/or visiting this web site (collectively, including all Member Content available through the THWA domain name, the "THWA Site" or "Site"), registering for this service and/or uploading photos, you represent and warrant that you have read, understand, and have the legal capacity to, and hereby accept all the terms and conditions of this agreement, and agree to be legally bound by this agreement.

THWA is available only to users 18 years of age and older. registrants below 18 must have parental approval in the completion of registration.

This THWA Terms of Service Agreement ("Agreement") is a legal agreement between you, either an individual or a single entity or your qualified legal representative ("You"), and THWA. This document describes the terms and conditions that cover the use of the THWA network ("Website"), the THWA Site, available at http://www.thousleywesternart.com, and the THWA client software program, a marketing network and communication system with integrated user and topic profile management capabilities as well as search functionality, including any and all versions or variations of the THWA website services ("Services").

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. What constitutes a "material change" will be at the sole and exclusive discretion of THWA. Modifications to the terms will become effective immediately when they are posted. Therefore, we encourage you to check the date of this Agreement whenever you visit the THWA Site to check if it has been updated. You should review this Agreement on a regular basis to keep yourself up to date with any changes. If you do not agree to the revised Agreement, your sole recourse is to immediately stop all use of the Site and/or Use. Your continued use of the Site and/or Use following the posting of modifications will constitute your acceptance of the revised Agreement. Should you have any questions regarding the use of our Site, please contact us at: terms@thousleywesternart.com.

1. Your Account Once you register for the Site and/or Service, you will also become a member of the community of users on the site. Please note that THWA may opt to disallow or remove a particular users at its sole discretion. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify THWA of any unauthorized use of your account or any other breach of security known to you. Although THWA will not be liable for your losses caused by any unauthorized use of our account, you may be liable for the losses of THWA or others due to such unauthorized use. Accounts are for personal and commercial use.

All contents (with the exception of Member Content, as defined below) of the THWA Site and Services including but not limited to design, text, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are: Copyright © 2007 THWA, and/or the proprietary property of its suppliers, affiliates, or licensors.

Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of THWA and/or it suppliers, affiliates, or licensors. All rights reserved.

THWA, thousleywesternart.com, and the THWA logo are including without limitation, either trademarks, service marks or registered trademarks of THWA, and may not be copied, imitated, or used, in whole or in part, without THWA's prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners. THWA may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site and/or Services. Unless we have granted you licenses to our intellectual property in this Agreement, our providing you with such Web pages does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.

THWA does not claim any ownership rights in any articles, information, materials, data, files, programs, photographs, concepts, communications, footage, ideas, opinions, and other materials ("Member Content") you may have posted, store, or exchange through the THWA Site or Software; you continue to retain all ownership rights in such Member Content. Member Content is the sole responsibility of the person from which such Member Content originated. This means that you, and not THWA, are entirely responsible for all Member Content that you upload, post, e-mail, transmit or otherwise make available through the Site or Services, on the Web. To the extent that THWA provides you with an opportunity to post, store and exchange Member Content, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, THWA, its contractors, and the users of the THWA Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such content and to prepare derivative works of, or incorporate into other works, such Member Content on the THWA Site or Software. This license does not grant THWA the right to sell Member Content or otherwise distribute it outside of THWA's Site and Services.

Member Content posted by users and other non-THWA contributors are generally not reviewed by THWA. Accordingly, THWA does not guarantee the accuracy, integrity or quality of such Member Content. THWA will have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content displayed by users, and may remove or require users to remove all content that THWA, in its sole discretion, deems to be (a) inconsistent with THWA's strategic mission and vision (including but not limited to content that contains undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, or discrimination of any sort) and/or this Agreement; or (b) possibly in violation of applicable law. In addition, THWA has the right to remove any content if THWA has reason to believe that displaying such content may infringe the rights of a third party or subject THWA to expense or liability. Please notify us at violations@THWA.com of any content that you believe might violate applicable law or your intellectual property rights or contain undesirable images of or links or references to tobacco and alcohol products, profanity, pornography, violence, prejudicial content, or content that is obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

THWA reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance will not dictate or limit THWA's response to a future complaint. You acknowledge and agree that THWA will not assume or have any liability for any action or inaction by THWA with respect to any Member Content.

You acknowledge that Member Content transmitted on or through the this site may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. THWA respects copyright law and expects you to do the same. Member Content identified as belonging to a third party can be transmitted on the Site or Software so long as you obtain permission first and the ownership and rights are clearly indicated. If you upload any data or photos in which you do not own all rights, you may be violating copyright law. Uploading copyrighted music without the explicit consent of the copyright owner will result in cancellation in any and all of your accounts. In addition, unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. You may not copy, reproduce, distribute, or create derivative works without being authorized to do so by the copyright holder. It is THWA's policy to terminate the accounts of repeat infringes.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify THWA's agent for notice of claims of copyright or other intellectual property infringement ("Agent"), at legals@thousleywesternart.com, or THWA, inc. c/o Copyright Agent, 289 Glacier Dr, Clinton, Arkansas 72031.

Please provide our Agent with the following Notice: * Identify the copyrighted work or other intellectual property that you claim has been infringed; * Identify the material on the THWA service that you claim is infringing, with enough detail so that we may locate it on the service; * A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; * A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; * Your address, telephone number, and e-mail address; and * Your physical or electronic signature. THWA's Agent will forward this information to the alleged infringer

Although THWA is a private company, we aspire to respect constitutionally guaranteed rights of expression of people in the countries in which they reside. However, we reserve the right to terminate an account when the user's expression infringes on THWA's or other users' rights, including intellectual property and privacy rights. The community may also limit the conduct of users that the community as a whole finds objectionable. Without limitation, THWA reserves the right to terminate your access to and use of the Site, Services or if, in our view, your conduct fails to meet any of the following guidelines or other guidelines that may be provided on the THWA site from time to time:

1. You will not use THWA for any activity that violates applicable federal, state, or international law, or for any unlawful purpose.

2. You will not use THWA for any activity that constitutes harassment.

3. You will not attempt to interfere with any other person's use of the Site or Service.

4. You will not use any other user's personal data for purposes other than establishing contact that is reasonably expected to be welcomed by such other user.

5. You will not misrepresent their identity or impersonate any person.

6. You will not create a false or misleading identity of, or falsely state or otherwise misrepresent, your affiliation with, a person or entity.

7. Unless otherwise authorized, You will not hold yourself out as sponsored by, endorsed by, or affiliated with THWA.

8. You will not use the Site or Software for uploading, posting, emailing, transmitting, disseminating, or otherwise making available junk mail, spam, chain letters, pyramid schemes, unsolicited or unauthorized commercial advertisements or promotional materials, or any other form of commercial solicitation.

9. You will not use the Site or Software to collect or harvest personally identifiable information, including account names.

10. You will not use the Site or Software for uploading, posting, emailing, transmitting or otherwise making available messages, files, or other material, including profiles, that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party.

11. You will not use the Site or Software for uploading, posting, emailing, transmitting or otherwise making available messages, including profiles, that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.

12. You will not use the Site or Software for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful to minors in any way.

13. You will not use the Site or Services for uploading, posting, emailing, transmitting or otherwise making available any material that contains software viruses 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.

14. You will not attempt to gain unauthorized access to THWA's database or other computer systems.

15. You will not reformat or frame any portion of the Web pages that are part of the THWA Site.

16. You will not use THWA for any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the website.

17. You will not use the website for any unlawful purpose.

18. You will not use the services or website or any information contained within for commercial gain. However, THWA reserves the right to allow particular users to use the services or website for commercial purposes pursuant to a separate written agreement.

All judgments concerning the applicability of these guidelines will be at the sole and exclusive discretion of THWA.

You may report violations of the THWA community standards to the user believed to be in violation. If a suitable remedy is not achieved, please report to conduct@thousleywesternart.com. Please report violations of the terms of this Agreement, improper account use, and identity theft to legals@thousleywesternart.com.

A. Limited License for Use of Website

B. Grant of Limited License Should you opt to upload data and or photos, in consideration for your acceptance of the terms and conditions of this Agreement, THWA will grant to you a personal, non-transferable and non-exclusive right to use and execute the Services, without right to sublicense or distribute the content therein.

C. Ownership of Photos Should you opt to upload, you acknowledge and agree that THWA transfers no ownership interest in the Photos, in the intellectual property in any Services or in any photo copy, to you under this Agreement or otherwise, and that THWA reserves all rights not expressly granted to you hereunder.

By completing the membership registration process, you are representing and warranting that:

1. You are of consenting age of 18 or over and can form a legally binding contract under applicable law.

2. You have provided true, accurate, current and complete information about yourself as prompted in the registration process.

3. You are not using the Site, Services for any improper or illegal purpose, and that you will act in good faith in your relationships with THWA and other users and will abide by the rules set forth by THWA or the community.

4.Third Party Content, Sites, and Services

The Site and/or Services contain features and functionality's that may link you or provide you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. We may also provide some content to you as part of the Site and/or Services. We are not responsible for any third party content you access with the Site and/or Services, and you irrevocably waive any claim against us with respect to such sites and third-party content. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Site and/or Software, including the delivery of and payment for goods and services.

THWA has established a Privacy Policy, explaining to its users how their information is collected and used. You can read the Privacy Policy by visiting: http://www.thousleywesternart.com/privacy.htm. Your use of the Site and/or Services signifies acknowledgment of and agreement to THWA's Privacy Policy. You further acknowledge and agree that THWA may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, or to protect the rights, property, or personal safety of THWA, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy. Users are solely responsible for the privacy of their own Member Content. The Site and Services are designed for users to use privacy settings to determine the visibility of data throughout the Website, and to limit its spread to other systems. THWA uses industry standard security measures to protect the loss, misuse and alteration of the information you provide. Although we make good faith efforts to store the nonpublic information provided by members in a secure operating environment that is not available to the public and to honor your privacy settings, we cannot guarantee complete security. Further, while we make every effort to ensure the integrity and security of our systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally accessing your private Member Content or personal information.

If there is a dispute between users or between users and any third party, you understand and agree that THWA is under no obligation to become involved. In the event that you have such a dispute, you hereby release THWA, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says (A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor).

THWA intends for the information contained on its Site and Services to be accurate and reliable; however, errors sometimes may occur. In addition, THWA may make changes and improvements to the information provided herein at any time.

THWA PROVIDES THE SITE AND SERVICES TO YOU "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS, STATUTORY, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU AGREE THAT USE OF THE SITE, SOFTWARE AND NETWORK IS ENTIRELY AT YOUR OWN RISK. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, THWA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SITE, SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, THWA DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE, OR THE CONDUCT, WHETHER ONLINE OR OFF-LINE, OF ANY OTHER MEMBER. TO THE FULLEST EXTENT PERMITTED BY LAW, THWA DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NETWORK, SOFTWARE, OR SITE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

UNDER NO CIRCUMSTANCES WILL THWA BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF THWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ON ACCOUNT OF MEMBER'S USE OR MISUSE OF THE SITE. SOFTWARE OR NETWORK, OR FOR THE CONDUCT, WHETHER ONLINE OR OFF-LINE, OF ANY OTHER MEMBER, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, SERVICES, FROM INABILITY TO USE THE SITE, OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE, SOFTWARE OR NETWORK. SUCH LIMITATION WILL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE, OR SERVICES, ANY INTERACTIONS BETWEEN MEMBERS, WHETHER ONLINE OR OFF-LINE, OR FOR DAMAGES INCURRED BY YOUR BREACH OF THIS AGREEMENT. THESE LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.

You agree to indemnify and hold THWA, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute arising from or in any way related to your use of the Site or Services, or from a breach of terms of this Agreement or your representations and warranties. You agree to hold THWA harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to your violation of this Agreement.

The term of this Agreement will commence when you register for the Site and/or install the Services and will continue thereafter until terminated by either party. However, if you fail to fulfill any of your material obligations under this Agreement, this Agreement and all licenses and rights granted to you under this Agreement will terminate immediately, and you agree that you will promptly discontinue use of the Site and render unusable all Services originally provided to you hereunder and any copies thereof embodied in any medium. You agree that THWA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your e-mail or IP address, or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and remove and discard any Member Content within the Website, for any reason, including, without limitation, if THWA believes that you have acted inconsistently with the letter or spirit of this Agreement. Further, you agree that THWA will not be liable to you or any third-party for any termination of your access to the Network. Further, you agree not to attempt to access or use the Website after said termination. Sections 5-11 will survive termination of this Agreement.

THWA reserves the right to modify or amend this Agreement at any time, for any reason, or for no reason at all, at THWA's sole discretion. The most up to date version of this Agreement will be posted. Although THWA will provide notice of material changes to this Agreement on the THWA Site, as a user it is your sole responsibility to keep yourself apprised of any such modifications or amendments. Modifications will become effective immediately upon the posting thereof. Therefore, we encourage you to check the date of our Terms of Use whenever you visit the Site to check if they have been updated. You must review this Agreement on a regular basis to keep yourself apprised of any changes. If you install a new version of the Services, including updates provided automatically, you agree to the then current Agreement. You acknowledge that THWA reserves the right at any time to modify or discontinue the Site, or Services (or any features or parts thereof) with or without notice and that THWA will not be liable to you or to any third party for any such modification, suspension or discontinuance. Should you object to any terms and conditions of the Agreement or any subsequent modifications to the Agreement, the Software or the Network or become dissatisfied with THWA in any way, your only recourse is to immediately: (1) discontinue use of the Site, or Services; (2) terminate your registration; and (3) notify THWA of termination. Your continued use of the Site, Service and following the posting of modifications will constitute your acceptance of the revised Terms of Use.

This Agreement constitutes the entire agreement between you and THWA and governs your use of the Site, or Services, superseding any prior agreements between you and THWA. This Agreement will be governed by the laws of the State of Arkansas, without giving effect to its conflict of laws provisions. Any claim or controversy in any way arising out of or relating to these Terms of Use will be filed in a court of competent jurisdiction sitting in Searcy County, Arkansas. Both parties consent to exclusive jurisdiction in that county. The failure of THWA to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, or Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

THWA may give notice to you by e-mail, a posting on our Site, or other reasonable means. You must give notice to THWA in writing via e-mail or as otherwise expressly provided by THWA. THWA may broadcast, distribute or display notices or messages on the Site or through the Services to inform you of changes to THWA, the Site or Services, or other matters of importance; such broadcast, distributions or displays will constitute notice to you.