Arts.com, Inc., (hereafter referred to as “Arts.com”, “we”, “us” or “Company”) operates Arts.com (“Site”). The services offered by the Company include any Arts.com-branded URL (the "Arts.com Website"), any other features, content, or applications offered from time to time by the Company in connection with Arts.com’s business (collectively, the " Services").
REGISTRATION, SECURITY & RESPONSIBILITY
An account will be required to access and use some Services. To create an Service account, you must have a valid email address. You are responsible for all activity that takes place when registering or while accessing or using your Service account or associated account. You may be able to set up additional accounts that are dependent on your account (an “associated account”). The user of the Service account has full control over the associated account. Full control includes the right to end the Service, close, change or alter your associated account anytime.
You agree to (a) provide truthful, accurate, current and complete information (“Registration Data”) when registering for a Service account; (b) maintain the security of your identification, account and password; (c) update Registration Data as needed and promptly; and (d) be fully and solely responsible for any and all use of your account and any activity that takes place while using the Site, Service or account. Only you may use your Service account. You may not authorize any third party to access and/or use the Service on your behalf except where we provide a mechanism for third parties to access the Service on your behalf.
SAFEGUARDING YOUR PERSONAL INFORMATION
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted, transmitted and received by us. We strive to use commercially acceptable means to protect your personal information, but we cannot guarantee its absolute security. No method of transmission over the Internet, or method of electronic storage, is 100% secure.
All content included on this site, such as text, graphics, logos, button icons, images, photos, designs, audio clips, digital downloads, data compilations, technology, and software, is the property of Arts.com Inc. or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Arts.com Inc. and protected by U.S. and international copyright laws. All software used on this site is the property of Arts.com Inc. or its software suppliers and protected by United States and international copyright laws.
Arts.com, Creativity – A Way of Life, and other Arts.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Arts.com in the U.S. and/or other countries. Arts.com's trademarks and trade dress may not be used in connection with any product or service that is not Arts.com's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Arts.com. All other trademarks not owned by Arts.com that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Arts.com.
CODE OF CONDUCT
YOU REPRESENT, WARRANT AND AGREE YOU WILL NOT upload, post, email, share, store, transmit, transfer, make available, promote, distribute or facilitate distribution of any content (including but not limited to text, images, sound, video, data, information or software) or otherwise use the Site or the Services to:
- interfere with the operation of the Site or the Services, in any way or interfere with anyone’s use or enjoyment of the Site or the Services, or use the Site or the Services to gain unauthorized access to other computer systems.
- use the Site or the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- reverse assemble, reverse engineer, decompile, or otherwise attempt to derive the source code from the software used in the Site or any component thereof (except as permitted under applicable local law after having given the Company written notice of requiring such information or specifications for the good faith and reasonable purpose of interoperability;
- copy, reproduce, modify, sell, lease, scrape content from or aggregate, sublicense, market, or otherwise change or commercially exploit in any way the Site or the Services or any component thereof other than as may be expressly permitted in writing by the Company or as permitted pursuant to any fair use, fair dealing, or similar provisions of applicable laws;
- disclose your password or otherwise grant access to the Site to any third party, other than your authorized agent, without the prior written consent of the Company.
- violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material;
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- transmit or post any unlawful, harassing, intimidating, libelous, threatening, tortuous, defamatory, infringing, abusive, inflammatory, vulgar, obscene, sexually explicit, fraudulent, invasive of privacy or publicity rights, hateful, racially, ethnically or otherwise objectionable, personal attacks or statements about religion, heritage, sexual orientation, or harmful material of any kind or nature or transmit any material that encourages conduct that could constitute a criminal offense, threaten the safety of users and/or others, give rise to civil liability, or otherwise violate any applicable local, provincial, state, national or international law or regulation;
- make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person (including celebrities) or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity on or through the Site;
- falsely indicate that the User is the Company’s employee, representative, partner, affiliate or attempt to mislead Users by indicating User is a representative of the Company.
- send any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail,” "pyramid schemes," “chain letters,” “affiliate links,” any other form of solicitation, “spam” or use any distribution lists in respect of any person who has not given specific permissions to be included in such a process or to distribute or publish advertisements or solicitations of business.
- make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- make 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;
- make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
- make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
- violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
- depicts nudity of any sort including full or partial human nudity or nudity in non-human forms such as cartoons, fantasy art or manga.
- create multiple user accounts with the intention of artificially inflating ratings or exploiting other features in the Service, including but not limited to member photo quota.
- transmit or upload any worms or viruses or corrupted data or any code of a destructive nature.
- use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
- disrupt the flow of chat in chat rooms with vulgar language, abusiveness, hitting the return key repeatedly or inputting large images so the screen goes by too fast to read, use of excessive shouting [all caps] in an attempt to disturb other users, “spamming” or flooding [posting repetitive text].
- attempt, promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software or decipher any transmissions to or from the servers for the Site or Services.
- upload any software or content that User does not own or have permission to freely distribute.
- make false reports or claims on copyright infringement, abuse, or any illegal activity.
- modify any part of Site or Services that the Company does not specifically authorize you to modify.
- attempt to use Site’s software on or through any service that is not controlled or authorized by the Company.
This Code of Conduct is subject to change at any time at the Company’s sole discretion.
You are solely responsible for your interactions with other users. We reserve the right, but have no obligation to monitor disputes between you and other users.
SUBMITTING AND POSTING CONTENT
You represent and warrant that you have the right to provide your Content to Arts.com for hosting, transmission, and publication in connection with the Site and the Services and, notwithstanding any disclaimers or limitations otherwise applicable in respect of your Content, you agree to hold harmless and indemnify the Company for any liability arising from your Content. Content includes but is not limited to text, data, articles, messages, reviews, comments, ideas, questions, notes, e-cards, profiles, photos, graphics, images, designs, music, sounds, audios, videos, databases, listings, advertisements, information, applications, software, technology, or items belonging to or originating from third parties
You are solely responsible for uploading, posting, publishing, displaying, sharing, sending, storing, transmitting, transferring, making available, changing, deleting or replacing your content on or through the Site or the Service provided by the Company.
You understand and agree that we may, but is not obligated to, review the content, Site or Services and may delete, remove or change without notice, any User Content or Site Content in its sole discretion, for any reason or no reason, including User Content in the sole judgment of Company violates this Agreement or the Code of Conduct.
With respect to Content you contribute, submit, upload, send, transmit, post or make available for inclusion on or through the Site or the Service, you automatically and expressly grant, and represent and warrant that you have the right to grant, to the Company, its licensees, successors’ and affiliates an irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully paid, complete and irrevocable right to quote, sublicensable and worldwide license, to use, re-post, distribute, publish, reproduce, modify, store, copy, publicly display, publicly perform, adapt, reformat, translate, create derivative works from, syndicate, license, print, transmit, broadcast, and otherwise communicate, publicly display and perform the Content, or any portion thereof, excerpt such User Content (in whole or in part) and incorporate such Content into other works in any manner or form, medium or forum, format, media formats, media channels or medium, whether now known or hereafter devised, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing, without notice, payment or attribution of any kind to you or third party. You grant the Company all licenses, consents and clearances to enable the Company to use such Content for such purposes. You waive, and agree not to assert any moral or similar rights you may have in such Content.
If the Service on which you contribute Content permits other users to access and use that contributed Content as part of the Service, than you also grant all other users of the relevant Service the right to use, copy, modify, display, perform, create derivative works from, and otherwise communicate and distribute your contributed Content on or through the relevant Service without further notice, attribution or compensation to you.
The license granted above will automatically expire within a commercially reasonable time after you remove or delete your content from the Site, Services or affiliated sites and services. However, you acknowledge and accept that the Company may retain archived copies of your User Content that has been removed or deleted.
SUBMISSIONS AND SUGGESTIONS
You acknowledge and agree that any ideas, suggestions, feedback, comments or other information about the Site or the Service (“Submissions”), provided by you to the Company are non-confidential and shall become the sole property of the Company. Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Company does not and will not perform system backups on any Service account(s). Company shall not be held responsible for any lost text, data, articles, messages, notes, profiles, photos, graphics, images, designs, music, sound, video, databases, listings, advertisements, information, applications, software, items belonging to or originating from third parties, or any content whatsoever regardless of the reasoning for data loss or system causes. Company will not provide historical data, to any party for any reason, regarding any system or Internet activity.
You are solely responsible at your sole cost and expense for creating backup copies.
CANCELLING THE SERVICE
You may cancel the Service at any time, with or without cause and notify the Company by email at firstname.lastname@example.org. Some Service offers may require cancellation charges, and you will pay all cancellation charges as specified in the Service. Cancellation of the Service by you will not alter your obligation to pay all charges made to your billing account. There are no refunds on Services.
DISCLAIMER OF WARRANTIES
You understand and expressly agree that your use of this Site, Services, Software and the Internet is AT YOUR SOLE RISK. This Site and all information, content, materials, third-party services and products, products (including software) and Services included on or otherwise made available to you through this Site are provided by the Company, its subsidiaries, officers, directors, employees, consultants, contractors, agents, partners, affiliates, vendors, content providers and licensors on an “AS-IS”, “WITH ALL FAULTS” and “AS AVAILABLE” BASIS for your use, without warranties of any kind, either express or implied.
The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors provides Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that the Company will have adequate capacity for the Services as a whole or in any specific geographic area.
The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors makes no representations or all warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, third-party services and products, products (including software) or Services included on or otherwise made available to you through this site.
The Company and its subsidiaries, affiliates, officers, directors, employers, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors expressly disclaim all warranties of any kind, express or implied, including, but not limited to the implied warranties or title, merchantability, fitness for a particular purpose, workmanlike and non-infringment.
The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors cannot guarantee and does not promise any specific results from the use of the Site and/or the Services and/or any platform applications. The Company does not represent or warrant that the Site, information, products (including software), content or materials, third-party services and products, or Services included on or otherwise made available to you through the Site, its servers, email sent from the Company or any platform applications are error-free, uninterrupted, timely, secure, accurate, reliable, complete, free of viruses or harmful components.
The Company assumes no responsibility for any omissions, deletion, delay in operation or transmission, defect, communications line failure, destruction or theft or unauthorized access to, or alteration of User communications. The Company is not responsible for any technical malfunction or other problems of any computer systems, servers, telephone network or service, providers, computer or mobile phone equipment, software, failure of email due to technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Service.
The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors cannot guarantee and does not promise the quality of any Services, products, information or other material purchased or obtained by you through the Services or software will meet your expectations and that any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the Site, Services or software is accessed at your own discretion and risk, and you will be solely responsible for your use thereof and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, mobile device, loss of data or other harm of any kind that results from the download of any such material.
The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors, are not responsible or liable in any manner for any for User Content or Third Party Applications, software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by the Company, by third parties or by any equipment or programming associated with or utilized in the Site or the Service.
The Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors are not responsible for what Users post, transmit, share, distribute upload, publish, display, send, store, transfer, or make available. The Company is not responsible for the conduct of any User to the Site, Services or affiliates sites and services, whether online or offline.
Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any User content or personal injury or death, resulting from anyone’s use of the Site or the Service, any User content or third-party applications, software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
The company reserves the right to change any and all content, software and other items contained in the Site and any Services and applications offered through the Site at any time without notice.
References to any products, services, software or other information, by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to use the Services. If you experience any of the following symptoms while using the Site and/or Services: dizziness, altered vision, loss of awareness, eye or muscle twitches, disorientation, any involuntary movement, or convulsions, IMMEDIATELY DISCONTINUE USE of the Services and consult your physician immediately.
LIMITATION OF LIABILITY
You understand and expressly agree that the Company and its subsidiaries, affiliates, officers, directors, employees, agents, partners, resellers, distributors, vendors, contractors, consultants, content providers and licensors shall not be liable to you or any third person for any act or failure to act by them or any other person regarding conduct, communication or content on the Site, Services or use of the software. In no case shall the Company or its subsidiaries’, affiliates’, officers’, directors’, employees’, contractors’, consultants’, content providers’ or licensors’ (collectively, ”Company Affiliates”) liability to you exceed the amount that you paid to the Company for the Services. In no case shall the Company or Company Affiliates be liable for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company is aware or has been advised of the possibility of such damages resulting from (a) the use or inability to use the Services, (b) the cost of procurement or substitute goods and services, (c) unauthorized access to or alterations of your transmissions or data, (d) statements or conduct of any third party on the Service or arising from your use of the Site, Services, software, any platform applications, the Internet or for any other claim related in any way to your use of the Services or accounts. The Company does not endorse, warrant, or guarantee any third party product or service offered through the Company and will not be party to or in any way be responsible for monitoring any transaction between you and third-party providers or products or services.
Notwithstanding anything to the contrary contained herein, the Company and Company Affiliates’ liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Company for the Service during the term of the Service or membership, but in no case will the Company’s liability to you exceed $1,000. You acknowledge that if no fees are paid to the Company for the Service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages or any kind from Company, regardless of the cause of action.
Certain state laws do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Company and Company’s Affiliates’ liability shall be limited to the full extent permitted by law.
The Company reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, delete your profile and any Content or information that you have posted on the Site and/or the Services or terminate your membership or your access to all or any part of the Company Site and/or Services at any time, for any or no reason, in whole or in part, effective immediately, with or without prior notice or explanation and without any liability whatsoever.
The Company expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Company Services if the Company determines, in its sole discretion, that you have violated this Agreement or pose a threat to the Company and/or its Users or the Company believes that you are under thirteen (13) years of age, or between thirteen (13) years of age and eighteen (18) years of age and without parental or guardian supervision.
Upon termination, User's right to use the Service immediately ceases, and the Company is not obligated to keep or store any Content for you or any third party. The Company shall not be liable whatsoever to you or any third party for the termination of the Services. There shall be no reimbursement, credit or refund if the Service is terminated due to your violation of the terms of this Agreement.
When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account and/or profile active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to the Company and Company Affiliates in that matter. This Section shall survive termination of this Terms of Service.
LINKS TO THIRD-PARTY SITES
The Site or the Services may include hyperlinks to web sites operated by third parties including advertisers and other content providers. Those sites may collect data or solicit personal information from you. The Company or Company Affiliates do not control such web sites, and is not responsible for their content, privacy policies, or for the collection, use or disclosure of any information those sites may collect.
Links or reference to third-party sites, services, products, software or other information, by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Company.
If you decide to leave the Site and access the third-party sites or to use or install any third-party applications, software or content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
NO THIRD PARTY BENEFICIARIES
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
You agree that your account is non-transferable and any rights to your account or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
GOVERNING LAW, VENUE AND JURISDICTION
SEVERABILITY AND WAIVER