· This Sites Terms of Use
ArtsyStuff.com TERMS OF USE & Legal Information
IMPORTANT! PLEASE READ CAREFULLY. THIS IS A CONTRACT. BY USING THIS SITE, YOU ACCEPT ALL TERMS AND CONDITIONS OF THIS AGREEMENT. If you disagree with any of the terms that follow, or do not agree to be bound by all such terms, do not use this site. 1. RESTRICTION ON USE
By accessing and using this site (the
"Site") you accept without limitations or qualifications these terms of use
("Terms of Use"). ArtsyStuff Magazine ("ArtsyStuff" or "we" or "us") reserves
the right in its sole discretion to modify, alter or otherwise update these
Terms of Use and you agree to be bound by such modifications, alterations or
updates. We will post changes here and you agree to review these Terms of Use on
a periodic basis. Your continued use of the Site after the posting of any change
in the Terms of Use shall constitute your acceptance to be bound by any such
changes. Please also review the Site’s Privacy Policy [click
here].
The Site contains material which is derived in whole or in
part from material supplied by ArtsyStuff and other sources, and is protected by
U.S. and international copyright, trademark and other applicable laws. No
material (including, but not limited to, the text, directories, guides,
photographs, illustrations, advertising copy, images, audio, video, as well
as the trademarks, logos, domain names, trade names, service marks and any and
all copyrightable materials contained in and/or on the Site) and no code or
software (including, but not limited to, any source code, object code, images or
files incorporated in or generated by the software or data accompanying such
software) (individually and collectively the "Materials") may be copied,
reproduced, republished, uploaded, posted, publicly displayed, transmitted, or
distributed in any way or decompiled, reverse engineered or disassembled. You
may download Materials from the Site for your personal, non-commercial use,
provided you keep intact all copyright, trademark and other proprietary notices.
Modification of the Materials or use of the Materials for any other purpose may
be a violation of ArtsyStuff's or such other sources' copyright, trademark
and/or other proprietary rights, and your misuse of the Material is strictly
prohibited. You may not redistribute, sell, decompile, reverse engineer,
disassemble, or otherwise reduce the Materials to a human-perceivable form. The
use of any such Materials on any other web site or networked computer
environment is prohibited.
In addition, you agree not to insert any
code or product or manipulate the Material in any way that affects any user’s
experience, and not to use any data mining, robots, cancelbots, Trojan horse, or
any data gathering or extraction method in connection with your use of the Site.
You agree not to disrupt, interfere with, or otherwise harm or violate the
security of the Site, or any services, system resources, accounts, passwords,
servers or networks connected to or accessible through the Site or affiliated or
linked web sites.
You are advised that ArtsyStuff will aggressively
enforce its rights to the fullest extent of the law, including, without
limitation, the seeking of criminal prosecution against you.
2.
SUBMISSIONS/COMMUNICATIONS
ArtsyStuff has a company policy that
does not allow ArtsyStuff to accept or consider creative ideas, suggestions or
materials other than those ArtsyStuff has specifically requested. It is the
intent of this policy to avoid the possibility of future misunderstandings when
projects developed by ArtsyStuff's staff might seem to others to be similar to
their own creative ideas, suggestions or materials.
If at
ArtsyStuff's request, you send a submission (for example, in the context of
contests or sweepstakes), or despite ArtsyStuff's request that you not send
ArtsyStuff any creative materials, you send ArtsyStuff creative materials,
including creative suggestions, ideas, teleplays or screenplays, notes,
drawings, concepts or other information or if you transmit to the Site by
electronic mail or otherwise, communications including any data, questions,
comments, suggestions, or the like (collectively, the "Information"), the
Information shall be deemed, and shall remain, the property of ArtsyStuff.
Subject only to our Privacy Policy, none of the Information shall be subject to
any obligation of confidence on the part of ArtsyStuff and ArtsyStuff shall not
be liable for any use or disclosure of any Information and ArtsyStuff shall
exclusively own in perpetuity, throughout the universe, any now known or
hereafter existing rights to the Information of every kind and nature and shall
be entitled without restriction to use, reproduce, modify, adapt, publish,
translate, create derivative works from, and distribute or incorporate the
Information for any purpose whatsoever, commercial or otherwise, without
compensation to the provider of the Information. In addition, you warrant that
all so-called moral rights in and to any Information are waived.
By
submitting materials to the Site or ArtsyStuff, you represent that such
materials are accurate and original with you and do not violate the rights of
any third parties, including, without limitation, any intellectual property
rights, rights of publicity and/or privacy.
You should be aware
that e-mail submissions over the Internet may not be secure, and you should
consider this before e-mailing ArtsyStuff any personal or confidential
information.
3. DISCLAIMERS AND LIMITATIONS ON
LIABILITY
Your use and browsing of the Site is at your own risk. If
you are dissatisfied with the Site, any of the Materials contained in and/or on
the Site, or with any of these Terms of Use, your sole and exclusive remedy is
to discontinue accessing and using the Site.
TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT
NOT LIMITED TO, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR
DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO, THE SITE OR ITS RELATED INFORMATION
OR PROGRAMS, SHALL ARTSYSTUFF, ITS PARENT, AFFILIATED COMPANIES, AFFILIATES, AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, OR ANY OTHER PARTY
INVOLVED IN CREATING OR PRODUCING, OR DELIVERING THIS SITE BE LIABLE FOR ANY
SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING
OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE, THE SITE. ARTSYSTUFF IS NOT
RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO, OR INFECTIONS, BUGS, VIRUSES,
TAMPERING, UNAUTHORIZED INTERVENTION OR CONTAMINATION OF YOUR SYSTEM, COMPUTER,
EQUIPMENT, OR OTHER PROPERTY, OR DELAYS, INACCURACIES, ERRORS, OMISSIONS, FRAUD,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER
LINE FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION ARISING OUT OF YOUR USE
OF THE SITE OR WITH RESPECT TO THE MATERIAL CONTAINED ON THE SITE WHETHER THE
MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY ARTSYSTUFF OR ANYONE ELSE.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS OF USE, IN NO EVENT AND UNDER
NO CIRCUMSTANCES SHALL ARTSYSTUFF'S TOTAL LIABILITY FOR ALL LOSSES, DAMAGES,
AND/OR CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE OR OTHERWISE) EXCEED THIRTY DOLLARS
($30).
THE SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED
AND TRANSMITTED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
NON-INFRINGEMENT. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY,
SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, COMPLETENESS, CORRECTNESS
AND VALIDITY OF THE SITE AND/OR ANY MATERIAL RESTS WITH
YOU.
Additionally, the Site contains Material which is for
entertainment purposes only and is not a depiction of fact, and shall not be
considered factual by you. Other than for entertainment purposes, you
acknowledge and agree not to rely on such Material. The Site may also contain
facts, opinions, views, statements and recommendations of third party
individuals or organizations. The Site does not represent or endorse the
accuracy, timeliness or reliability of any facts, opinions, views, statements
and/or recommendation or other information displayed, uploaded or distributed
through the Site. You acknowledge that ArtsyStuff does not give tax, legal or
investment advice or advocate the purchase or sale of any security or
investment.
ArtsyStuff cannot ensure that you will be satisfied
with any products or services that may be advertised on the Site or that you may
purchase from a third-party site that may be on, or links to or from the Site,
since such merchandise may be owned and operated by independent retailers.
ArtsyStuff does not endorse any of the merchandise, nor has ArtsyStuff taken any
steps to confirm the accuracy or reliability of, any of the information
contained in such advertisements or third-party sites. ArtsyStuff does not make
any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any third party, and you hereby irrevocably waive any
claim against ArtsyStuff, its parent, affiliated companies, affiliates and their
respective directors, officers, employees and agents with respect to such sites.
ArtsyStuff strongly encourages you to make whatever investigation you feel
necessary or appropriate before proceeding with any online or offline
transaction with any of these third parties.
4.
INDEMNIFICATION
BY USING THE SITE, YOU AGREE TO DEFEND, INDEMNIFY
AND HOLD HARMLESS ARTSYSTUFF, ITS PARENT, AFFILIATED COMPANIES, AFFILIATES AND
THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS FROM AND AGAINST ANY
AND ALL CLAIMS OR ALLEGED CLAIMS, ACTIONS OR ALLEGED ACTIONS, SUITS OR
PROCEEDINGS, AS WELL AS ANY AND ALL LOSSES, LIABILITIES, DAMAGES, COSTS AND
EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR ACCRUING FROM
(A) ANY MATERIALS POSTED OR OTHERWISE PROVIDED BY YOU THAT INFRINGES ANY
COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT OR OTHER INTELLECTUAL
PROPERTY RIGHT OF ANY PERSON OR DEFAMES ANY PERSON OR VIOLATES THEIR RIGHTS OF
PUBLICITY OR PRIVACY, (B) ANY MISREPRESENTATION MADE BY YOU IN CONNECTION WITH
YOUR USE OF THE SITE OR RELIANCE BY YOU ON ANY MATERIALS CONTAINED ON THE SITE;
(C) ANY NON-COMPLIANCE BY YOU OF THE TERMS OF USE; (D) ArtsyStuff’S USE OF ANY
INFORMATION YOU PROVIDE; (E) ANY BREACH OF YOUR RESPONSIBILITIES IN RELATION TO
YOUR ACCOUNT AND PASSWORD, IF ANY, INCLUDING, WITHOUT LIMITATION, ANY BREACH OF
CONFIDENTIALITY; AND (F) CLAIMS BROUGHT BY PERSONS OR ENTITIES OTHER THAN THE
PARTIES TO THIS AGREEMENT ARISING FROM OR RELATED TO YOUR ACCESS AND USE OF THE
SITE, INCLUDING THE INFORMATION OR MATERIALS OBTAINED THROUGH THE
SITE.
5. LINKING POLICY & LINKED SITES
The Material in and on
the Site contains intellectual property that is protected from unauthorized use,
copying and dissemination by copyright, trademark and other laws. If you link to
the Site, we require that you follow these guidelines. The link to this Site
must not damage, dilute or tarnish the goodwill associated with any ArtsyStuff
names and/or intellectual property, nor may the link create the false appearance
that your web site and/or organization is sponsored, endorsed by, affiliated
and/or associated with ArtsyStuff and/or the Site. You agree that you will not
link to the Site from any online source that is unlawful, abusive, indecent or
obscene, that promotes violence or illegal acts, that contains expressions of
racism, that is libelous, defamatory, scandalous, or inflammatory or is
otherwise inappropriate. If you do link to the Site, you may link only to the
home page, and not to any other page or subdomain of the Site. Under no
circumstances may you "frame" the Site or alter its intellectual property or
Material in any way. ArtsyStuff reserves the right, in its sole discretion, to
terminate a link with any web site that it deems inappropriate or inconsistent
with the Site and/or these Terms of Use.
In addition, please note
that ArtsyStuff is not necessarily affiliated with web sites which may be linked
to the Site ("Linked Sites") and is not responsible for their content. The
Linked Sites are for your convenience only and you access them at your own risk.
Users are requested to inform ArtsyStuff of any errors or inappropriate material
found on such Linked Sites.
6. USER FORUMS
The Site
may include bulletin boards, chat rooms or other user forums ("Forums"). Any
Forums are provided to give users an interesting and stimulating forum to
express their opinions and share their ideas and information. Please be aware
that certain message boards and similar user forums may disclose a user’s IP
address along with the user’s name and message. To protect your safety, please
use your best judgment when using these forums, and consider carefully whether
you want to disclose any information that can be used to identify or locate
you.
ArtsyStuff is not responsible for any material posted on the
Forums, and it is a condition of your use of the Forums and the Site that you
shall not upload, transmit, distribute, post or otherwise publish through such
Forums and/or any portion of the Site any content that:
1. Violates
any law;
2. Libels, defames, disparages, threatens, is obscene,
false, misleading, deceptive, fraudulent, inaccurate, unfair, hateful, racist,
harassing, vulgar, pornographic, abusive, threatening, profane or indecent,
including images and language, or discriminates on the grounds of race,
religion, origin, age, disability, sexual orientation or marital status or
refers to such matters in any manner prohibited by law;
3.
Infringes any intellectual property rights of a person or entity, including,
without limitation, violating a copyright or trademark or other proprietary
right or derivative work with respect thereto;
4. Violates or
infringes upon the rights of others, including material which is an invasion of
privacy or publicity rights;
5. In any way exploits any
information, software or other material for commercial purposes or which
contains advertising, promotion or marketing;
6. Solicits gambling
or engages in any gambling activity;
7. Contains a virus or other
harmful component;
8. Advocates illegal activity, violates any
local, state, national or international law, rule, guideline or regulations, or
otherwise creates liability;
9. Unfairly interferes with any third
party’s uninterrupted use and enjoyment of the Site and/or violates any right of
ArtsyStuff;
10. Advertises or otherwise solicits funds or is a
solicitation of funds for goods or services or solicits any illegal
act.
While ArtsyStuff does not and cannot review every message
posted by users in the Forums, and is not responsible for the content of these
messages, ArtsyStuff reserves the right to delete, move, or edit messages that
it, in its sole discretion, deems to be in violation of the above listed
guidelines or that it otherwise deems to be abusive, harmful or unacceptable.
You acknowledge that ArtsyStuff reserves the right to, and may from time to
time, monitor any and all information transmitted or received, for operational
and other purposes. Use of the Site constitutes consent to such
monitoring.
7. MEMBERSHIP & REGISTRATION
Certain areas
and/or services offered via the Site may require registration or may otherwise
ask you to provide information to participate in certain features or access
certain content. The decision to provide this information is purely optional;
however, if you elect not to provide such information, you may not be able to
access certain content or features or participate in various areas and/or
services offered via the Site. You may also provide information to the Site in
other contexts, including, for example, in order to enter a sweepstakes, contest
or promotion. Please note that sweepstakes, contests or promotions offered via
the Site may be governed by a separate set of rules that, in addition to
describing such sweepstakes, contest or promotion, may have eligibility
requirements, such as certain ages or geographic areas. It is your
responsibility to read such rules to determine whether or not your
participation, registration and/or entry is valid. When you register or
otherwise provide information to the Site, you agree to provide only true,
accurate, current and complete information on all registration
pages.
If you register with the Site or any portion thereof
otherwise choose to become a member of the Site, you agree to accept
responsibility for all activities that occur under your account or password, and
agree you will not sell, transfer or assign your membership or any membership
rights. You are responsible for maintaining the confidentiality of your password
and for restricting access to your computer so that others may not access the
password protected portion of the Site using your name in whole or in part. The
Site reserves the right to terminate your access to the Site to any person who
violates these Terms of Use.
8. TERMINATION
These Terms of
Use are effective until terminated by either party. You may terminate these
Terms of Use at any time by destroying all Materials obtained from the Site and
all related documentation and all copies and installations thereof, whether made
under the terms of this agreement or otherwise, and by not accessing the Site at
any time in the future. Should you access the Site in the future, you will be
subject to, and agree to be subject to, the then current Terms of
Use.
ArtsyStuff reserves the right to modify or discontinue this
Site, or any portion thereof (including Forums) without notice to you or any
third party. Upon termination or demand by ArtsyStuff, you must destroy all
Materials obtained from this Site and all copies thereof, whether made under the
terms of this agreement or otherwise.
In the event of any
termination, the restrictions imposed on you with respect to Materials
downloaded from the Forums and all disclaimers, representations and warranties,
indemnifications and all provisions regarding intellectual property, submissions
and communications, termination, governing law and limitations of liabilities
set forth in this agreement shall survive.
9. COPYRIGHTS &
COPYRIGHT AGENTS
ArtsyStuff respects the intellectual property of others
and we ask our users to do the same. In accordance with the Digital Millennium
Copyright Act, ArtsyStuff has designated a Copyright Agent to receive notice of
claims of copyright infringement on the Site. ArtsyStuff’s Copyright Agent is
the Vice President of Information Systems and may be reached by email at
onlinepolicy@ArtsyStuff.com.
If you believe that your work has been
copied in a way that constitutes copyright infringement, please promptly provide
ArtsyStuff's Copyright Agent the following information:
1. an electronic
or physical signature of the person authorized to act on behalf of the owner of
the copyright interest;
2. a description of the copyrighted work that you
claim has been infringed;
3. a description of where the material
that you claim is infringing is located on the Site;
4. your address,
telephone number and email address;
5. a statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent or the law;
6. a statement by you, made under
penalty of perjury, that the above information in your notice is accurate and
that you are either the copyright owner or authorized to act on the copyright
owner's behalf.
10. MISCELLANEOUS
This Site is controlled
and operated by ArtsyStuff from its offices in California, in the United States
of America. ArtsyStuff makes no representations or warranties that Materials in
and/or on this Site are appropriate or available for use in other locations.
Those who choose to access this Site from other locations do so at their own
risk and are responsible for compliance with any and all local laws, if and to
the extent local laws are applicable. No software from this Site may be
downloaded, exported or reexported into (or to a national or resident of) any
countries that are subject to U.S. export restrictions.
Software
from this Site is further subject to United States export controls and may not
be downloaded by any person or entity prohibited by any U.S. law, rule,
regulation or order or otherwise exported or re-exported into any country to
which the U.S. has embargoed goods.
These Terms of Use shall be
governed by, construed and enforced in accordance with the laws of the State of
California without giving effect to any principles of conflicts of law and will
specifically not be governed by the United Nations Convention on Contracts for
the International Sale of Goods, if otherwise applicable. Any action you bring
to enforce these Terms of Use or any matters related to this Site shall be
brought in either the State or Federal Courts located in Los Angeles County,
California within ninety (90) days after the occurrence of the facts giving rise
to the cause of action, otherwise the cause shall be forever barred. If any
provision of this agreement is void or unenforceable in whole or in part, the
remaining provisions of this agreement shall not be affected
thereby.
11. CONTACT US
For questions or comments regarding
these Terms of Use and/or the Site please contact us:
These Terms of Use were last updated on April 13,
2004. TM & Copyright © 1997-2005 by ArtsyStuff. All Rights Reserved. |