Available Worksbeta

Terms

Available Works

Terms of Use

Last Updated: March 21st 2017

THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") GOVERN YOUR ACCESS AND USE OF THE WEBSITE AND SERVICES OFFERED BY AVAILABLE WORKS, LLC ("AVAILABLE WORKS"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT WWW.AVAILABLEWORKS.NET (THE "SITE") AND SERVICES PROVIDED BY AVAILABLE WORKS (COLLECTIVELY, THE “SERVICES”).

By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the "User" or "you") agree to be bound by the terms and conditions of this Agreement and the Available Works Privacy Policy. This Agreement applies to all sellers and buyers who use the Services and the Site (collectively, “Users”)

IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST NOT ACCESS THE SITE OR THE SERVICES.

  1. Available Works Services
    Available Works offers a platform which allows Users, in compliance with Available Works' policies set out herein, to offer, sell and buy certain artworks at a fixed price.Available Works is not directly involved in the transaction between sellers and buyers, and as such, Available Works has no control over the quality, safety, morality or legality of any aspect of the artworks listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Available Works does not pre-screen Users or the content or information provided by Users. Available Works cannot ensure that a buyer or seller will actually complete a transaction.
    Available Works does not transfer legal ownership of items from the seller to the buyer. Because Available Works cannot guarantee the true identity, age, or nationality of a User, you are encouraged to communicate directly with potential transaction partners through the tools available on the Site.
    Available Works is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other Users, or outside parties on Available Works. You use the Available Works Service at your own risk.
  2. Membership
    Age: By accessing or using the Site or the Services, you represent and warrant that you are 18 years of age or older and can form legally binding contracts under applicable law, or that you have the authorization of your parent or legal guardian who is at least 18 years of age to access and use the Site and the Services, which parent or legal guardian shall be responsible for any and all activities on the Site. You must not access the Site or the Services if you are under 18 years of age. You represent and warrant that all registration information you submit to Available Works is accurate and truthful. Available Works may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
    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 Available Works' policies as stated in this Agreement and the Available Works Privacy Policy as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Available Works, each of which is incorporated herein by reference and each of which may be updated by Available Works from time to time without notice to you.
    Password and Account Information: Where you are required to create a password and account to access the Site and the Services, you are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Available Works of any unauthorized use of your password or account or any other breach of security. Available Works cannot and will not be liable for any loss or damage arising from your failure to comply with this section. Available Works reserves the right to place any account on hold anytime with or without notification to the User in order to protect itself and its partners from what it believes to be fraudulent activity.
    You agree to provide true, accurate, current and complete information about yourself where required and maintain and promptly update such information to keep it true, accurate, current and complete; and if you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your use of the Site and the Services. To sell items on Available Works you must provide and maintain a valid Stripe (http://stripe.com) account, which account and Stripe services are governed by Stripe terms and conditions and which Available Works has no liability in relation thereto.
    Users may not sell or transfer Available Works User accounts, including User ID and log in information, to another party. Each User is responsible for all activity of the User’s account and User ID. Users registering as a business entity personally guarantee that such User has the authority to bind the business entity to this Agreement.
  3. Fees and Billing
    Joining Available Works as a seller (the “Seller Service”) costs $5 US monthly (the “Seller Fee”). You hereby authorize us to charge you the Seller Fee by providing a valid payment method, which will be billed at the time of joining Available Works as a seller, and each month thereafter unless you cancel the Service. Available Works reserves the right to change the timing of billing.
    If payment of the Seller Fee is not properly received by us due to any deficiency with respect to the payment method you have elected to use, you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated by you to cure such deficiencies. If such deficiency remains uncured at the time of the subsequent billing date, Available Works will block the Seller Service, and the seller will be unable to list new artworks, edit artwork listings, or sell artworks until the deficiency is corrected and all uncollected amounts are paid in full to Available Works.
    Payments are non-refundable and there are no refunds or credits for partially used periods. Users may cancel the Seller Service at any time, and access to the Seller Service will continue until the end of the monthly billing period in which the Seller Service is cancelled.
  4. Listing and Selling Artworks
    Artwork Listing Description: By listing an artwork for sale on the Site you warrant that you and all aspects of the artwork comply with Available Works' policies herein. You also warrant that you may legally sell the artwork. You must accurately describe your artwork and all terms of sale in your Available Works seller page. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that artwork. Each listing must accurately and completely describe the artwork for sale in that listing. Each unique item must have its own listing.
    Seller Terms of Sale: Sellers are required to indicate, at the time of registering for the Seller Service, certain terms and conditions applicable to the sale of artworks on the seller page. These terms and conditions may include, for example, shipping, returns, payment and selling policies. Sellers must abide by such terms and conditions and are responsible for enforcing their own terms and conditions.
    Please note that Sellers will have the option to allow Buyers to pick up purchased artworks locally. Please use caution, common sense, and practice safe buying and selling when using the local pick up option. Available Works shall not be liable for any loss, damage or injury of any kind in connection with Users’ use of the local pick up option.
    Sales: Sellers are responsible for accurately listing their artworks, including price, and buyers are responsible for reading the description of artworks before making a purchase. Sellers may not alter the listing of an artwork after an agreement between a buyer and seller has been reached for the sale of the artwork in question. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, 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.
  5. Available Works Content Policies
    User conduct and activities on and regarding Available Works, the Site and the Services, and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on Available Works are your sole responsibility. Available Works shall not be liable for any loss or damage associated with User Content.
    Restricted Activities: User Content and your use of Available Works, the Site and the Services shall not:
    1. Be false, inaccurate or misleading
    2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items, alcohol, tobacco, drugs, drug paraphernalia, animals and animal products, weapons, hazardous materials, or items that promote, support or glorify hatred or violence
    3. Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
    4. Violate this Agreement, or the Available Works Privacy Policy, any other Site policy, 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)
    5. Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies
    6. 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
    7. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including Available Works 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
    8. Interfere with a seller’s business or shop
    9. Take any action that may undermine online reviews or feedback
    10. 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
    11. Host images not part of a listing
    12. Modify, adapt or hack Available Works or modify another website so as to falsely imply that it is associated with Available Works
    13. Appear to create liability for Available Works or cause Available Works to lose (in whole or in part) the services of Available Works ISPs or other suppliers
    14. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Available Works Privacy Policy, or other policy documents as posted on Available Works.

    Furthermore, you may not list any item on Available Works (or consummate any transaction that was initiated using Available Works’ service) that could cause Available Works to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
  6. Content
    License: As Available Works does not claim ownership rights in User Content, you hereby grant Available Works a license to enable Available Works to use any information or Content you supply Available Works with, so that Available Works is not violating any rights you might have in that Content. You further grant Available Works a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or hereafter devised, with respect to your Content. You agree to allow Available Works to store, translate, or re-format your Content on Available Works and display your Content on Available Works in any way Available Works chooses for any purpose. Available Works will only use personal information in accordance with Available Works' Privacy Policy.
    As part of a transaction, you may obtain personal information, including email address and shipping information, from another User. Without obtaining prior permission from the other User, this personal information shall only be used for that transaction or for Available Works-related communications and for no other purpose, including but not limited to adding Available Works’ users to any mail list (email or physical mail), and unsolicited commercial messages or unauthorized transactions. For more information, see Available Works’ Privacy Policy.
    Re-Posting Content: By posting Content on Available Works, it is possible for an outside website or a third party to re-post that Content. You agree to hold Available Works harmless for any dispute concerning this use. If you choose to display your own Available Works-hosted image on another website, the image must provide a link back to its listing page on Available Works.
    Idea Submissions: Available Works considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible artworks sold on the Site by sellers) (collectively, the "Material") to be non-confidential and non-proprietary, and Available Works shall not be liable for the disclosure or use of such Material. If any User sends Material to improve the Site, Available Works will also consider that Material to be non-confidential and non-proprietary and Available Works will not be liable for use or disclosure of the Material. Any communication by you to Available Works is subject to this Agreement. You hereby grant and agree to grant Available Works, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
    Infringement Claims: It is the policy of Available Works to respond to claims of intellectual property infringement. Available Works will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed intellectual property infringement should be sent to info@availableworks.net.
  7. Risks of Use
    Available Works does not control the Content provided by Users that is made available on Available Works. You may find some Content to be offensive, harmful, inaccurate, inappropriate 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 Available Works, you agree to accept such risks and that Available Works (and Available Works' officers, directors, agents, managers, members, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of Users on Available Works. Please use caution, common sense, and practice safe buying and selling when using Available Works.
    Other Resources: Available Works is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Available Works 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 Available Works 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.
  8. Electronic Communications
    Communications with Available Works: Available Works may provide you with Electronic Communications (a) by emailing them to you at the email address listed in your Available Works account, (b) by posting them on the Available Works website. You may withdraw your consent to receive Electronic Communications at any time by submitting a request to us at info@availableworks.net. To ensure that you receive Electronic Communications, you should make sure that the contact information in your Available Works account is accurate. Available Works is not responsible for your failure to receive Electronic Communications if you failed to update your contact information.
    Direct Messaging: Available Works provides for direct messaging (“Direct Messaging”) communication between users. Available Works is not responsible for and does not supervise or control the Direct Messaging, User-initiated online or offline gatherings, or the interactions among and between Users and other persons or companies. Users are solely responsible for interactions with others. Users understand and agree that Available Works does not in any way screen its Users. All Users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person. Notwithstanding the foregoing, Available Works has access to all Direct Messaging communications between Users, and may take action, but is not required to take any action, when a communications violate this Agreement or the Available Works Privacy Policy. Please keep in mind that Direct Messaging is not private.
  9. Resolution of Disputes and Release
    Disputes with Available Works: In the event a dispute arises between you and Available Works, please contact Available Works at info@availableworks.net. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Available Works agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The preceding provision is an independent covenant, which you may opt out of by providing written notice of your decision within thirty (30) days of the date that you first use the Site.
    Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Available Works encourages you to contact the user or third party to resolve the dispute amicably.
    If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Available Works, you may contact Available Works for assistance with dispute resolution, which assistance is in Available Works’ sole discretion, and Available Works has no obligation to resolve disputes between users or between users and outside parties. To the extent that Available Works attempts to resolve a dispute, Available Works will do so in good faith based solely on Available Works’ policies. Available Works will not make judgments regarding legal issues or claims.
    You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
    You release Available Works (and Available Works' officers, directors, managers, members 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 disputes with one or more users, or a third party.
  10. Available Works' Intellectual Property
    Available Works, and Available Works graphics, logos, designs, page headers, button icons, scripts, and service names are the intellectual property of Available Works in the U.S. and/or other countries. Available Works' 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.
  11. Access and Interference
    Available Works may contain robot exclusion headers which contain internal rules for software usage. Much of the information on Available Works is updated on a real-time basis and is proprietary or is licensed to Available Works by Available Works' users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Available Works for any purpose whatsoever without Available Works' prior express written permission. Additionally, you agree that you will not:
    1. Take any action that imposes, or may impose, in Available Works' sole discretion, an unreasonable or disproportionately large load on Available Works' infrastructure
    2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) without the prior express written permission of Available Works and the appropriate third party or User, as applicable
    3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
    4. Bypass Available Works' robot exclusion headers or other measures Available Works may use to prevent or restrict access to Available Works
  12. Breach
    Without limiting any other remedies, Available Works may, without notice, and without refunding any fees, delay or immediately remove Content, warn Available Works' 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:
    Available Works suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Available Works Privacy Policy, or other policy documents; Available Works is unable to verify or authenticate any of your personal information or Content; or Available Works believes that a user is acting inconsistently with the letter or spirit of Available Works' policies, has engaged in improper or fraudulent activity in connection with Available Works or the actions may cause legal liability or financial loss to Available Works' users or to Available Works.
    Available Works reserves the right to suspend and/or terminate a person's account or any accounts held by that person by virtue of association, including all usernames under which that person operates on Available Works.
  13. Privacy
    Except as provided in Available Works' Privacy Policy, Available Works will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your consent. Available Works stores and processes Content on computers located in the United States that are protected by physical as well as technological security.
  14. No Warranty
    AVAILABLE WORKS, AVAILABLE WORKS' SUBSIDIARIES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AVAILABLE WORKS' SUPPLIERS MAKE NO WARRANTIES OR REPRESENTATIONS, EXPRESS, IMPLIED OR OTHERWISE, AS TO THE SITE OR THE SERVICES, WHICH ARE PROVIDED "AS IS". AVAILABLE WORKS, AVAILABLE WORKS' SUBSIDIARIES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES AND AVAILABLE WORKS' 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 AVAILABLE WORKS 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.
  15. Liability Limit
    IN NO EVENT SHALL AVAILABLE WORKS, AND (AS APPLICABLE) AVAILABLE WORKS' SUBSIDIARIES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES OR AVAILABLE WORKS' 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, AVAILABLE WORKS' SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.
    AVAILABLE WORKS' LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF AVAILABLE WORKS' SUBSIDIARIES, OFFICERS, MANAGERS, MEMBERS, 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 AVAILABLE WORKS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100 AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. 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.
  16. Indemnity
    YOU AGREE TO INDEMNIFY AND HOLD AVAILABLE WORKS AND (AS APPLICABLE) AVAILABLE WORKS' PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, MANAGERS, MEMBERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, DUE TO, ARISING OUT OF, OR RELATED TO YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR YOUR CONTENT.
  17. No Guarantee
    Available Works does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Available Works' control.
  18. Severability
    If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
  19. No Agency
    No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement, or your use of the Site and/or the Services.
  20. Available Works Service
    Available Works reserves the right to modify or terminate the Available Works Service for any reason, without notice, at any time. Available Works reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Available Works makes a material change Available Works will notify you here, by email, by means of a notice on our homepage, or other places Available Works deems appropriate. What constitutes a "material change" will be determined at Available Works' sole discretion, in good faith.
  21. Choice of Law
    This Agreement shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding the conflicts of laws rules of any state or jurisdiction, and the United States of America.
  22. Survival
    These terms of use shall survive any termination or expiration of this Agreement.
  23. You shall not transmit to Available Works or upload to this Site any Harmful Code or use or misappropriate the data on this Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person's information without such other person's knowledge and permission.
  24. Notices
    Except as explicitly stated otherwise, any notices shall be given by postal mail to: Available Works LLC, PO Box 370442, 86 Wyckoff Ave, Brooklyn, NY 11237 (in the case of Available Works) or, in your case, to the email address you provide to Available Works (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Available Works may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Available Works. In such case, notice shall be deemed given three days after the date of mailing.