Artworld Terms of Service
Welcome to Artworld! By using Artworld’s products, software, services or web sites ("Artworld services"), you agree to the following terms and
conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited
to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find
the most current version of this agreement at http://www.artworld.com/page-Terms+of+Service-4.html.
- USE OF SERVICES
Artworld, its subsidiaries and affiliated companies, including your domain
administrator ("Artworld") offer
Artworld services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving
services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be
required to provide current, accurate identification, contact, and other information as part of the registration process and/or
continued use of Artworld services. You are responsible for maintaining the confidentiality of your account password, and are responsible
for all activities that occur under your account. You agree to immediately notify Artworld of any unauthorized use of your password
or account or any other breach of security. Artworld cannot and will not be liable for any loss or damage arising from your failure
to provide us with accurate information or to keep your password secure.
- APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials
("Content") are the sole responsibility of the person from which such Content originated. Artworld reserves the right, but shall
have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Artworld services. You understand
that by using Artworld services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Artworld
services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Artworld services
and for any consequences thereof. You agree to use Artworld services only for purposes that are legal, proper and in accordance with
the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts
Artworld services or servers or networks connected to Artworld services. To report any activity or Content that may violate the Terms,
please go to http://www.artworld.com/page-Contact+Us-2.html.
In addition to this agreement, your use of some specific Artworld services is governed by the policies or guidelines specific to those
services and which are specifically incorporated into this agreement.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including
laws regulating the export of data to and from the United States or your country of residence.
- Artworld PRIVACY POLICY
For information about our data protection practices, please see our Privacy Policy at http://www.artworld.com/page-Privacy+Policy-5.html.
By using Artworld services, you acknowledge and agree that Artworld may access, preserve, and disclose your account information and any
Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure
is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce
the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical
issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety
of Artworld, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of Artworld services, including your Content, may involve (a) transmissions
over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
You also understand and agree that your domain administrator may
have access to your account and its content, and may suspend or terminate your account access and your ability to modify your account.
- PROPRIETARY RIGHTS
Artworld's Rights
You acknowledge and agree that Artworld services and any necessary software used in connection with Artworld services ("Software") contain
proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further
acknowledge and agree that Content contained in sponsor advertisements or presented to you through Artworld services is protected by
copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Artworld or other
proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on
Content, Artworld services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms, Artworld grants you a personal, non-transferable and non-exclusive right and license to use the object code of
its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer,
reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized
by Artworld in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining
unauthorized access to Artworld services. You agree not to access Artworld services by any means other than through the interface that
is provided by Artworld for use in accessing Artworld services except as specifically authorized in a separate written agreement.
Except as expressly authorized by Artworld you agree not to use, copy, imitiate, or incorporate any trademark, service mark, trade dress,
company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or
alter Artworld's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within
or accessed in conjunction with or through the Artworld services or Software.
Your Rights
Artworld claims no ownership or control over any Content submitted, posted or displayed by you on or through Artworld services. You or
a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or
through Artworld services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content
on or through Artworld services which are intended to be available to the members of the public, you grant Artworld a worldwide, non-exclusive,
royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Artworld services for the purpose of displaying,
distributing and promoting Artworld services. Artworld reserves the right to syndicate Content submitted, posted or displayed by you on
or through Artworld services and use that Content in connection with any service offered by Artworld. Artworld furthermore reserves the
right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content
submitted.
- SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Artworld will be governed by the Terms and any additional terms and conditions of the end user license
agreement accompanying such Software. Artworld Software may automatically report version number or other diagnostic information
and may automatically download upgrades to the Software to update, enhance and further develop Artworld services, including providing
bug fixes, patches, enhanced functions, missing plug-ins and new versions.
- POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States’ Digital Millennium Copyright Act
or other applicable law and to terminating the accounts of repeat infringers. For more information, please go to http://lcweb.loc.gov/copyright/.
For information regarding our trademark complaint procedure, please go to http://www.artworld.com/page-Contact+Us-2.html.
Any use of Artworld's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance
with the Terms and in compliance with Artworld's then current Brand Feature use guidelines, and any content contained or reference therein,
(or
such other URL Artworld may provide from time to time).
- GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Artworld has no responsibility or liability for the deletion or failure to store any Content and other communications
maintained or transmitted by Artworld services. You acknowledge that Artworld may have set no fixed upper limit on the number of transmissions
you may send or receive through Artworld services or the amount of storage space used; however, we retain the right, at our sole
discretion, to create limits at any time with or without notice.
Upon the termination of your use of Artworld services, including upon receipt of a certificate or other legal document confirming your
death, Artworld will close your account and you will no longer be able to retrieve content contained in that account.
- PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Artworld services,
use of Artworld services, or access to Artworld services except as otherwise expressly provided in the Terms or as specifically authorized
in a separate written agreement.
- MODIFICATIONS TO SERVICE
Artworld reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Artworld services (or
any part thereof) with or without notice. You agree that Artworld shall not be liable to you or to any third party for any modification,
suspension or discontinuance of Artworld services.
- TERMINATION
You may discontinue your use of Artworld services at any time. You agree that Artworld may at any time and for any reason, including a
period of account inactivity, terminate your access to Artworld services, terminate the Terms, or suspend or terminate your account.
In the event of termination, your account will be disabled and you may not be granted access to Artworld services, your account or
any files or other content contained in your account. Sections 10 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties),
15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations),
of the Terms, shall survive expiration or termination.
- ADVERTISEMENTS
Some Artworld services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements
may be targeted to the content of information stored on the Artworld services, queries made through Artworld services or other information.
The manner, mode and extent of advertising by Artworld on its services are subject to change. As consideration for your use of Artworld
services, you agree that Artworld may place such advertising and that Artworld shall not be responsible or liable for any loss or damage
of any sort incurred by you as a result of the presence of such advertisers on Artworld services or your subsequent dealings with
advertisers.
- LINKS
Artworld services may provide, or third parties may provide, links to other World Wide Web sites or resources. Artworld may have no control
over such sites and resources and you acknowledge and agree that Artworld is not responsible for the availability of such external
sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials
on or available from such sites or resources. You further acknowledge and agree that Artworld 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 use of or reliance on any
such Content, goods or services available on or through any such site or resource.
- INDEMNITY
You agree to hold harmless and indemnify Artworld, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors,
suppliers or partners, (collectively "Artworld and Partners") from and against any third party claim arising from or in any way related
to your use of Artworld services, violation of the Terms or any other actions connected with use of Artworld services, including any
liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and
attorneys' fees, of every kind and nature. In such a case, Artworld will provide you with written notice of such claim, suit or action.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF Artworld SERVICES IS AT YOUR SOLE RISK. Artworld SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, Artworld AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Artworld AND PARTNERS DO NOT WARRANT THAT (i) Artworld SERVICES WILL MEET YOUR REQUIREMENTS, (ii) Artworld SERVICES WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Artworld SERVICES WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Artworld SERVICES
WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Artworld SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT
YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Artworld OR THROUGH OR FROM Artworld SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Artworld AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 Artworld OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE Artworld SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM Artworld SERVICES; (iii) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON Artworld SERVICES; OR (v)
ANY OTHER MATTER RELATING TO Artworld SERVICES.
- EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED
OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF
LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU
AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
- NOTICE
You agree that Artworld may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings
on Artworld services.
- GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to
time such as Program Policies and Legal Notices) constitute the entire agreement between you and Artworld and govern your use of
Artworld services, superceding any prior agreements between you and Artworld for the use of Artworld services. You also may be subject
to additional terms and conditions that may apply when you use or purchase certain other Artworld services, affiliate services, third-party
content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Artworld shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and Artworld agree to submit to the personal and exclusive jurisdiction
of the courts located within the county of Santa Clara, California.
Waiver and Severability of Terms. The failure of Artworld to exercise or enforce any right or provision of the Terms shall not
constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid,
the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising
out of or related to use of Artworld services or the Terms must be filed within one (1) year after such claim or cause of action arose
or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.
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