Legal Statement

Legal Statement

VISUAL FLOOD TERMS

DISCLAIMER


Print Reproductions

YOU AGREE Visual Flood serves as both venue and fulfillment mechanism to allow users who comply with Visual Flood’s policies to offer, sell, and buy Visual Prints (e.g. Photographs, Graphic art renderings, digital and traditional art reproductions) within a fixed price format. Visual Flood does not pre-screen users or the content provided and has no control over and is not liable for the original quality, safety, morality, legality, truth or accuracy of the items posted. Visual Flood will remove material flagged as offensive or non-compliant as soon as it becomes aware of it.  Visual Flood approaches all print reproduction with great care to ensure that buyers receive a high quality reproduction of what is purchased on screen. All reproductions undergo an extensive quality control process to ensure that the end user receives the highest possible quality material output. By definition “Reproduction” constitutes an agreement and understanding that COPIES ARE NEVER EXACT REPRODUCTIONS of the original material. In a side by side comparison there may be noticeable, unpredictable and unavoidable differences in color, contrast and clarity. I understand that no copy process, photographic or electronic, reproduces all colors in exactly the same way the human eye sees them on the original. On occasion, the corrections for one color may have an adverse effect on the reproduction of another color within the same image. And, Visual Flood makes no guarantee that what is seen on screen will be reproduced exactly as it appears on screen. Visual Flood makes no guarantee or assurance that a buyer or seller will complete any transaction. Visual Flood will not ship an item unless it has been paid in advance by the purchaser using a Visual Flood qualified, valid means of payment. Visual Flood sellers receive payment of commissions once each month for what has been purchased from their body of work, paid in full by the purchaser, shipped to and received by the purchaser, during the course of the previous month.


Digital Downloads

YOU AGREE Visual Flood serves as both venue and fulfillment mechanism to allow users who comply with Visual Flood’s policies to offer, sell, and buy Royalty Free Downloadable images  within an open price format. Visual Flood does not pre-screen users or the content provided and has no control over and is not liable for the original quality, safety, morality, legality, truth or accuracy of the items posted. Visual Flood will remove material flagged as offensive or non-compliant as soon as it becomes aware of it. Images may only be downloaded after the purchaser has paid in full using a Visual Flood qualified, valid means of payment. All pricing is established and listed by the seller and Visual Flood makes no guarantee or assurance that a buyer or seller will complete any transaction. Visual Flood sellers set their own pricing and are fully responsible for the resulting image sales or lack thereof. Sellers receive payment of commissions once each month for what has been purchased from their body of work, paid in full by the purchaser, downloaded and received by the purchaser, during the course of the previous month. You agree by submitting to and uploading your image for sale electronically through Visual Flood that the image uploaded is considered and will be sold as “Royalty Free” and the purchaser may use in multiple applications, once paid in full. Image quality and sale price is the sole responsibility of the seller. All images sold electronically are sold on an “AS IS” basis and Visual Flood makes no guarantee of image quality.


Original Art, Buyer Requests, Handmade goods:

YOU AGREE Visual Flood acts as a venue to allow users who comply with Visual Flood’s policies to Offer, Sell, Buy, and Request / Commission original works of art, and handmade goods priced and shipped by the seller directly to the buyer. As a result, Visual Flood has no control over and is not liable for the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Visual Flood does not pre-screen users or the content or information provided by users. Visual Flood cannot ensure that a buyer or seller will actually complete a transaction. Consequently, Visual Flood does not transfer legal ownership of items from the seller to the buyer. Visual Flood cannot guarantee the true identity, age, and nationality of a user. Participating members have sole responsibility for all transactions at all stages and agree that Visual Flood suffers no liability or responsibility in any case for transaction errors, disputes, or miscommunications about any items being offered or requested by buyer and/or seller. Visual Flood encourages you to communicate directly with potential transaction partners through the tools available on the Site. You agree that Visual Flood is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, and items posted by you, other users, or outside parties on Visual Flood. You use the Visual Flood service at your own risk.


Buyer Requests/Commissioning Additional Considerations:

YOU AGREE All the standard policies for Visual Flood transactions apply to Buyer Requests/Commissioning, in addition to the following: Buyer Requests/Commissioning are for requesting custom items only. Buyer Requests/Commissioning transaction is a sales agreement; you must follow through on the terms of the agreement just like any other Visual Flood transaction. Do not create requests for items or services unrelated to Visual Flood (e.g., rentals, pets, personals, etc.) You must obtain permission from Visual Flood prior to creating items that use Visual Flood marks (name, logo, etc). If a Buyer Requests/Commission is in violation of site policy, we may ask you to modify the request or we may delete it entirely. Transaction disputes stemming from Buyer Requests/Commissions (i.e., canceled sales, non-payment, non-delivery, feedback issues) will be handled as regular Visual Flood transactions.

Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner (3 business days recommended), unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Item Description: By listing an item on the Site you warrant that you and all aspects of the item comply with Visual Flood policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your VF bio page. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. Each unique item must have its own listing.

Shipping Fees: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items, but must inform buyers of these charges in the item listing. Sellers may not charge excessive shipping fees or otherwise avoid fees.

Hire / Employment Search Postings   

YOU AGREE Visual Flood acts as a venue to allow users who comply with Visual Flood’s policies to post resumes and portfolios to be directly seen by the public. Visual Flood does not pre-screen users or the public for content or information provided by either. Consequently, Visual Flood cannot guarantee the true identity, age, and nationality of a user or the public, or the ability of the user or public to complete any transaction. As a result, Visual Flood has no control over and is not liable for the quality, safety, morality, truth, accuracy, or legality of any aspect of the information shared, items listed, or any actions and/or transactions occurring as a result, or any relationship formed from such action and/or transaction, or any behavior, threat, or damage occurring, or potentially occurring from or within that action and/or transaction, or relationship. Participating members have sole responsibility for all communications and transactions at all stages and agree that Visual Flood suffers no liability whatsoever or responsibility in any case for transaction errors, disputes, miscommunications about any services, potential employment, items or services being offered or requested by the user or end user, behavior before or after employment is transacted. Visual Flood encourages you to communicate directly with potential transaction partners (user and public) through the tools available on the Site. You agree that Visual Flood is a venue and as such is not responsible or liable for any content or actions resulting from any transaction or potential transaction, or incomplete transaction, for example, data, text, information, usernames, graphics, images, photographs, potential employment or hiring process, employee behavior if hired or retained by transaction partner, user behavior or public behavior, profiles, and items posted by you, other users, or outside parties on Visual Flood. Visual Flood makes no guarantee to user or public that any transaction such as employment or services contracted between users will occur or be completed. You use the Visual Flood service at your own risk.


USER AGREEMENT


ELIGIBILITY:

Age: Visual Flood services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Visual Flood policies as stated.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on Visual Flood, you must have a valid PayPal account.

Account Transfer: You may not transfer or sell your Visual Flood account and User ID to another party.

Right to Refuse Service: Visual Flood services are not available to temporarily or indefinitely suspended Visual Flood members. Visual Flood  reserves the right, in Visual Flood's sole discretion, to cancel unconfirmed or inactive accounts. Visual Flood reserves the right to refuse service to anyone, for any reason, at any time.


BEHAVIOR EXPECTATIONS

You are solely responsible for your conduct and activities on and regarding to Visual Flood and any and all data, text, information, usernames, graphics, images, photographs, profiles, and items (together, “Content”) that you submit, post, and display on Visual Flood.

Restricted Activities: Your Content and your use of Visual Flood and shall not:

Be false, inaccurate or misleading

Be fraudulent or involve the sale of illegal, counterfeit, stolen items or items

Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy

Violate this Agreement or any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)

Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall

Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Visual Flood staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device

Be obscene or contain child pornography, Frontal Nudity, Highly Revealing, Highly Sensual, or display images, items of a “violent nature”
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information

Host images not part of a listing

Modify, adapt or hack Visual Flood or modify another website so as to falsely imply that it is associated with Visual Flood;

Appear to create liability or create liability for Visual Flood or cause Visual Flood to lose (in whole or in part) the services of Visual Flood ISPs or other suppliers

Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, Legal Statement and other policy documents as posted on Visual Flood.

Furthermore, you may not list any item on Visual Flood (or consummate any transaction that was initiated using Visual Flood's service) that, by paying to Visual

Flood the subscription fee or the final value fee, could cause Visual Flood to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.



POSTING CONTENT/OWNERSHIP RIGHTS

License: Visual Flood  does not claim ownership rights in your Content. You grant Visual Flood a license solely to enable Visual Flood and to use any information or Content you supply Visual Flood with, so that Visual Flood and is not violating any rights you might have in that Content. You grant Visual Flood a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Visual Flood to store or re-format your Content on Visual Flood and display your Content on Visual Flood in any way as Visual Flood chooses. Visual Flood will only use personal information in accordance with Visual Flood’s Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another Visual Flood user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for Visual Flood related communications.
Visual Flood has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any Visual Flood user to your email or physical mail list. For more information, see Visual Flood’s Privacy Policy.
All submitted designs must be the original work of the participant.

Submissions may not contain any intellectual property of any third party such as logos, trademarks, service marks or copyrighted material.

Visual Flood reserves the right to reject any submission that it deems in its sole discretion to be vulgar, profane, offensive, or inappropriate.

Visual Flood reserves the right to make necessary minor adjustments or changes to submitted designs in order to conform artwork to manufacturing requirements.



ARTIST'S SUPPLY AGREEMENT

(for downloadable content)

This Agreement governs the terms by which photographers, designers or other artists provide photographic, design, and other media content to members of the Visual Flood community, on a non-exclusive basis through the web site located at www.visualflood.com (“VF”). This Artist's Supply Agreement is in addition to the Terms of Use applicable to VF and to the Membership Agreement that all persons providing content to or downloading content from the Site have previously entered into. In the event of any inconsistency between this Agreement, the Membership Agreement and the Terms of Use, the terms of this Agreement shall govern.

Upon accepting the terms of this Agreement, you may make Content available to Visual Flood by following the “Upload” procedures and policies identified on the relevant portion of the Site. Each upload of Content will be governed by the terms and conditions of this Agreement.


Grant of Authority
The Supplier hereby appoints Visual Flood as Supplier's non-exclusive agent to license royalty-free Content to third parties within the jurisdictions of Visual Flood’s business. For all Content, Supplier grants Visual Flood the right to use, reproduce, distribute, redistribute, publish, republish, upload, post, transmit, crop, package, repackage, publicly perform or display Content to prospective licensees through the Site or other venues which it may determine from time to time, and the right to grant perpetual, worldwide, non-exclusive and non-transferable licenses or sub-licenses to end-users.
The Parties agree that all rights, including title and copyright, in and to the uploaded Accepted Content will be retained by the Supplier, and no title or copyright is transferred or granted in any way to Visual Flood or any third party. Except to its affiliated and associated companies or as specifically permitted in this Agreement, Visual Flood may not distribute Content to any third party for the purposes of resale or re-license, it being understood that nothing herein shall restrict Visual Flood from providing access to the Site or Accepted Content to prospective buyers through an application program interface or other utility so long as all purchases are subject to the Content License Agreement


INFORMATION CONTROL
Visual Flood does not control the Content provided by users that is made available on Visual Flood. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using Visual Flood, you agree to accept such risks and that Visual Flood (and Visual Flood’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Visual Flood. Please use caution, common sense, and practice safe buying and selling when using Visual Flood.


Other Resources: Visual Flood is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Visual Flood does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Visual Flood shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.


DISPUTES

In the event a dispute arises between you and Visual Flood, please contact Visual Flood.

Should you have a dispute with one or more users, or an outside party, you release Visual Flood (and Visual Flood's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Visual Flood encourages users to report user-to-user disputes to your local law enforcement, postmaster general, PayPal dispute resolution center or a certified mediation or arbitration entity, as applicable.
Visual Flood, for the benefit of users, may try to help users resolve disputes. Visual Flood does so in Visual Flood’s sole discretion, and Visual Flood has no obligation to resolve disputes between users or between users and outside parties. To the extent that Visual Flood attempts to resolve a dispute, Visual Flood will do so in good faith based solely on Visual Flood’s policies. Visual Flood will not make judgments regarding legal issues or claims.
This Agreement, in whole or in part, may be freely assigned by Visual Flood. You may not assign this Agreement in whole or in part without the prior written approval of Visual Flood.

If any part, term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining portions or provisions shall not be affected thereby.
This Agreement contains the entire understanding of you and Visual Flood with respect to the subject matter hereof and with respect to the matter contained herein and supersedes all prior agreements or understandings. This Agreement shall not be modified except in writing.
This Agreement shall be governed by and construed under the laws of the State of Tennessee, without regard to its principles of conflicts of laws and notwithstanding the fact that you may be domiciled in a different state or country. You stipulate and agree that any and all claims, disputes, controversies, suits or actions arising out of or relating to the provisions of this Agreement or the subject matter hereof and initiated by you, or any successor in interest, shall be adjudicated exclusively in the Circuit or District Courts of Tennessee, or the United States District Court for the District of Tennessee, which courts shall have the exclusive jurisdiction and venue for any and all such claims, disputes, controversies, suits or actions, and you hereby stipulate and submit to the personal and subject matter jurisdiction of such courts with respect to such claims.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
A failure of either party to exercise any right provided for herein shall not be deemed to be a waiver of any right hereunder.
Nothing herein shall be construed as an obligation of Visual Flood to manufacture and/or disseminate any specific quantity of Product containing the Design. All manufacturing, dissemination and marketing decisions regarding each Design are left to the sole discretion of Visual Flood.


VISUAL FLOOD PROPERTY

Visual Flood, and other Visual Flood graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Visual Flood in the U.S. and/or other countries. Visual Flood trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.


BREACH
Without limiting any other remedies, Visual Flood may, without notice, and without refunding any fees, delay or immediately remove Content, warn Visual Flood’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

Visual Flood suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy or other policy documents and community guidelines incorporated herein; Visual Flood is unable to verify or authenticate any of your personal information or Content; Or Visual Flood believes that a user is acting inconsistently with the letter or spirit of Visual Flood’s policies, has engaged in improper or fraudulent activity in connection with Visual Flood or the actions may cause legal liability or financial loss to Visual Flood's users or to Visual Flood.


WARRANTY

Visual Flood and Visual Flood’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Visual Flood’s SUPPLIERS PROVIDE Visual Flood’s  WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Visual Flood, Visual Flood’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Visual Flood’s SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Visual Flood SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.


LIABILITY

IN NO EVENT SHALL Visual Flood, AND (AS APPLICABLE) Visual Flood’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Visual Flood’s SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Visual Flood’s SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Visual Flood LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF Visual Flood’s SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Visual Flood IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.


INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD Visual Flood AND (AS APPLICABLE) Visual Flood’s PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.


SITE GUARANTEE
Visual Flood does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Visual Flood’s control.


LEGAL COMPLIANCE FOR USERS
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of Visual Flood’s service and your listing, purchase, solicitation of offers to purchase, and sale of items or services.


NO AGENCY
You and Visual Flood are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


VISUAL FLOOD SERVICE
Visual Flood reserves the right to modify or terminate the Visual Flood service for any reason, without notice, at any time. Visual Flood reserves the right to alter these Terms of Use or other Site policies at any time. If the alterations constitute a material change to the Terms of Use, Visual Flood will notify you via email to the email address in your account. What constitutes a "material change" will be determined at Visual Flood’s sole discretion, in good faith, and using common sense and reasonable judgment.


PRINT REPRODCUTION PURCHASES from Visual Flood
All payments are to be made in US dollars and prices are subject to change at any time. Postage and applicable sales taxes will be added to your order during the checkout process. Prices do not include any import duties that may be added by the order destination country. Delivery dates are provided as an estimate only.

All reproductions undergo an extensive quality control process to ensure that the end user receives the highest possible quality material output. By definition “Reproduction” constitutes an agreement and understanding that COPIES ARE NEVER EXACT REPRODUCTIONS of the original material. In a side by side comparison there may be noticeable, unpredictable and unavoidable differences in color, contrast and clarity. I understand that no copy process, photographic or electronic, reproduces all colors in exactly the same way the human eye sees them on the original. On occasion, the corrections for one color may have an adverse effect on the reproduction of another color within the same image. And, Visual Flood makes no guarantee that what is seen on screen will be reproduced exactly as it appears on screen. Because of the infinite complexities and subjective nature of “art” and the “artist” in conjunction with above duly noted technological constraints, Visual Flood maintains its policy that ALL SALES ARE FINAL.
Exception: If you received an incorrect order/shipment (a physically different image and Item description than your electronic account purchase history reveals), please contact Visual Flood at http://www.info@visualflood.com.com and alert us to the error. We will provide return shipping instructions and take prompt action to forward you the correct order.

All returns must be made within seven (7) days from the day of receipt. No returns will be accepted unless Visual Flood is first contacted and notified of the error, and the incorrect print is received by Visual Flood in the original packaging along with a copy of your invoice or order acknowledgement. Customers are responsible for all shipping charges back to Visual Flood on returned items, and Visual Flood will pay the shipping charges on replacement product(s).  EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, ANY PRODUCT PURCHASED THROUGH Visual Flood IS PROVIDED ON AN "AS IS" BASIS. Visual Flood’s SOLE OBLIGATION, AND YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO ANY PRINT REPRODCUTION SHIPPING ERROR, PURCHASED THROUGH Visual Flood SHALL BE A REPLACEMENT OF THE INCORRECT PRINT WITH THE CORRECT PRINT, ORDERD ORIGINALLY.


CHOICE OF LAW
This agreement shall in all respects be interpreted and construed with and by the laws of the State of Tennessee and disputes arising under this Agreement will be adjudicated by the courts of the State of Tennessee.


COPYRIGHT
All brand, product and service names used in this Service which identify Visual Flood or third parties and their products and services are proprietary marks of Visual Flood and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Visual Flood or any third party with respect to any such image, logo or name.
You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Visual Flood or the appropriate owner of copyright in such works. Visual Flood does not claim ownership rights in your works or other materials posted by you to Visual Flood (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.


ETIQUETTE POLICY
Visual Flood is an expansive, worldwide community of artists of every age, and every nationality who create works spanning every medium, every subject and every level of talent and skill.

As the guiding force of this large and vibrant community we have two primary and often conflicting goals in the service we provide for you, the members of the community; the first being to ensure that members are free to express themselves within reason with as few restrictions as possible while nurturing an environment of creativity, learning, and talent and the second is to protect the members of the community, to the best of our abilities, from infringement of copyright, discrimination, harassment, and prejudice.

All members of the Visual Flood community are expected to be familiar with these rules of etiquette and they will be enforced evenly and without bias in every situation, which is brought to the attention of the administration regardless of the membership status of the user in question.


AVATARS
This section applies only to avatars which you personally use for your account; avatars submitted into a Visual Flood account must still conform to all official policies without exception but are not subjected to the restrictions below.

Avatars used to represent your account on site should follow the guidelines below;

Your avatar should not contain nudity of any sort or anything of a highly sensual nature.

You may not use avatars specifically created by other users without their explicit permission.

If your avatar contains a portion of a work made by another artist it will be removed by staff at the request of the original artist.

In all other respects your avatar must conform to the guidelines set above in regards to hate propaganda.


INQUIRIES
Appeals, inquiries, or questions concerning art removals, violation notices, account suspensions, or other administrative actions should be addressed to Visual Flood for review.

Petitions and other forms of public outcry are discouraged and will have no affect on Managerial Reviews of staff actions and may in fact be detrimental to the case in question.