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Terms and Conditions icon 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

Introduction

Exclusivity

Selection Criteria


Liability

Data Protection
Unsoliciting E-mail: Spam

Copyright

Directory Service: Conditions

Technical Conditions

Legal Conditions

AbleStable: Registered Trade Mark


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.



 All Material: AbleStable © 2002-2010
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