PLEASE READ THESE TERMS OF USE (THE “AGREEMENT”) CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE IN ANY MANNER OR FORM.
Welcome to Artists Wanted website (the “Site”). We are dedicated to the free expression of our users in a collaborative and sharing environment. We reserve only the rights necessary to facilitate the dissemination of content and material on this Site. We support the intellectual property rights of the creators of those materials. We also support the use of open source software and the widespread dissemination and use of online materials consistent with the rights of our users and applicable law. We will take all reasonable measures to keep information and users safe. We hope your experience with Artists Wanted will be enjoyable and productive.
Artists Wanted offers you a wide variety of online products and services, including general and personalized content, communication tools and forums, and online and downloadable applications (the ‘Service’) on the following terms. By using the Service in any way you are agreeing to comply with these terms, which we may update without notice and encourage you to check out here at any time.
Unless we expressly note otherwise, these terms incorporate and supersede any other terms associated with the files and applications available on the domain www.artistswanted.org, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains operated by Artists Wanted (‘Artists Wanted’, ‘we’, or ‘us’).
Artists Wanted Terms of Use Agreement
Last updated on 1 November 2011
You, by using, accessing, or attempting to interact with, www.artistsanted.org, or other Artists Wanted software, services, websites, or any of their licensees services or software (collectively “Services”), agree to be bound and abide by the terms and conditions of this Agreement with Artists Wanted.
1. General Use of the Site and Agreement to These Terms of Use.
These Terms of Use govern our mutual rights and responsibilities when you use the resources and services provided by Artists Wanted (collectively, “Artists Wanted”, “we”, or “us”).
These Terms of Use, and our Privacy Policy Statement (the “Privacy Policy”), which is incorporated into these Terms of Use by reference, apply to all activities and modalities on the Site, including, but not limited to, Blogs, Forums, Groups, and Wikis.
Unless otherwise agreed to, you are subject to these Terms of Use, and any additional terms that may apply. These additional terms, if any, will be available through the Site. These Terms of Use create a legal agreement between you and the Site and supersede any prior agreements between you and the Site. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these Terms of Use were last revised. You are responsible for regularly reviewing these Terms of Use. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. Revisions to this Agreement will be applicable to previous version of this Agreement. If you do not agree to abide by these or any future Terms of Use, you may not use or access (or continue to use or access) the Site.
By accessing the Site, you agree to comply with all applicable laws (including, but not limited to, libel, obscenity, and child pornography laws), assume responsibility for your activities, and agree not to harass, disrupt, abuse, or invade the privacy rights of others.
By accepting these Terms of Use, you agree to provide accurate, complete and current information and to maintain and update such information to keep it accurate, complete and current. If you fail to do so, we reserve the right to terminate your account.
2. Rights and Obligations Related to Content and Material.
The Site and its contents are protected by copyright pursuant to U.S. and international copyright laws.
The Site includes information, views, opinions and recommendations of individuals and organizations of interest to the art community. Artists Wanted assumes no responsibility for the accuracy, currency, completeness, or usefulness of any information in any material on the Site and does not endorse any opinions or recommendations posted by members or registered users nor do we give art-related investment advice. You should exercise discretion and skepticism before relying on information in messages or art submissions since it may be incorrect or misleading.
The Site allows registered members to submit artwork by uploading image files to the Site’s servers. We are not responsible for content posted by the Site’s members. We do not verify or endorse any content posted by any member. We are not responsible for the delivery or quality of any goods or services that are advertised by us, our members or any other third parties on the Site. If you believe that any of the content posted by members, visitors or third parties violates your proprietary rights, including copyrights, please report it to us immediately.
We do not screen, review or edit messages posted by users. Notwithstanding the foregoing, we reserve the right to monitor and/or remove any information transmitted or received through the Site, or to terminate your membership and use of the Site at any time, without notice, in our sole discretion. It is each user’s responsibility to bring violations of these Terms of Use to our attention, although we do not guarantee any action based on such information. Although we may review member account content on a spot check basis, we cannot establish nor guarantee the legal nature of any such content.
You must be at least eighteen (18) years old and competent to sign up as a member. As a member you are solely and fully responsible for any content posted by you or visitors to your account.
By posting your material on the Site, you are granting us and our affiliates a nonexclusive, royalty free, perpetual, and worldwide license to use your content on the Site until you remove or delete it, including, but not limited to, the right to copy, distribute, transmit, display, perform, reproduce, edit, translate, reformat, and/or incorporate into a collective work. Whenever possible, we will credit you as an author, and you agree to give us the right to use your name for attribution purposes.
You warrant that you have the right to use the trademarks, processes, or other materials you uses with the Services, if any. You warrant that your content does not infringe any third party copyrights or patents.
By submitting your artwork to the Site, you represent that the artwork complies with these Terms of Use. If any third party brings a claim, lawsuit or other proceeding against Artists Wanted or its affiliates based on content you post on the Site, you agree to compensate Artists Wanted and/or its affiliates, officers, directors, members, employees and agents for any and all losses, liabilities, damages or expenses, including attorney’s fees, incurred by such party in connection with any such claim, lawsuit or proceeding.
The following actions, among others, may result in removal of information and/or termination of your membership:
Subject to our Privacy Policy, as a registered member you agree to receive periodic emails from us containing information about new features and service options and/or periodic information about special promotions.
We are not responsible for any financial or personal loss to members using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of member accounts and/or contents of said accounts.
Images stored on our servers are for online sharing purposes and not meant for permanent or temporary archival purposes. Therefore, we are not obligated to maintain back-up copies of any material submitted or posted on the Site.
You understand that Artists Wanted may temporarily disable your account if you use more than 50 GB/transfer month. You understands that if you downgrade features relating to your account, you may lose portions of your User Content and you agree that Artists Wanted will have no liability to you of any kind or nature arising out of or related to loss of User Content.
Use of Services requires a certain level of knowledge in the use of the Internet and World Wide Web. You are required to have the necessary knowledge to use the Internet and the World Wide Web. It is not the responsibility of Artists Wanted to provide free support for you in the use and operation of Services.
3. Proprietary Rights.
Your use of the Site affords you access to many of the features of the Site, but some aspects of the Site remain within our exclusive proprietary control. We own the intellectual property rights to any and all protectable components of the Site, including, but not limited to, the computer software, the related documentation, the “look and feel,” the end-user interfaces, the name of the Site, and many of the individual features.
You agree that the Services, which includes all software and documentation, both electronic or printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of Artists Wanted. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.
You shall not store, copy, rent, lease, loan, sell, transfer, transmit, display, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or reverse assemble any aspect of the Site which we own. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
4. Termination.
You agree that we may, in our sole discretion, terminate or suspend your access to all or any part of the Site for any reason including, without limitation, your breach of these Terms of Use or any subsequent modifications, failure to answer our inquiries in a timely manner, failure to maintain an active email, or any attempted assignment of your account by you. Any suspected fraudulent, abusive, or illegal activity may be grounds for termination of your account and may be referred to appropriate law enforcement authorities. Artists Wanted shall not be liable to you or any third party for the termination of the Site and/or your account or any claims related to the termination of the Site and/or your account.
Upon notice of termination of Services by Artists Wanted to you via contact e-mail to your Services account and contact e-mail account provided in your personal information, or voluntary termination of service by you, we have the right to delete for any reason all data, files, or other information that is stored in your account.
5. Limitation of Liability.
You must bear the risk of any liability relating to your use of the Site. ACCORDINGLY, YOUR USE OF THE SITE IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH THE SITE, YOUR USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Notwithstanding the above, your exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which you paid directly to Artists Wanted during the current month.
6. Indemnity.
You shall defend, indemnify and hold harmless Artists Wanted and its affiliates, members, officers, directors, employees, consultants, agents and representatives, and their respective heirs, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with the Site, your violation of these Terms of Use or your infringement, or infringement by any contestant as part of a contest, of any intellectual property or other right of any person or entity, regardless of the type of claim or the nature of the cause of action. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
7. Disclaimers of Warranty.
THE SITE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED ON THE SITE. FURTHER, YOU EXPRESSLY UNDERSTAND THAT WE MAKE NO REPRESENTATIONS THAT INDIVIDUALS USING THE SITE ARE WHOM THEY PURPORT TO BE. WE HAVE NO CONTROL OVER, AND ACCEPT NO RESPONSIBILITY FOR, ANY CONTESTS OR ACTIONS OF ANY THIRD PARTY. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SITE AND THE INTERNET AND ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND COMPLETENESS OF INFORMATION YOU RECEIVE THROUGH THE SITE.
8. Fees
For premium portfolio hosting, you agree to either a one (1) month, or twelve (12) month contract agreement with Artists Wanted.
You can opt to upgrade or downgrade your service agreement to any other contract agreement that Artists Wanted is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Artists Wanted account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Artists Wanted, and is in no way transferable to a cash refund.
At the end of the contract term, the contract will automatically renew indefinitely until explicitly cancelled by you. Accordingly, as of the anniversary date of tyour subscription, you will be charged the current rate Artists Wanted charges for your type of subscription to the Service. You may cancel at any time. Cancellation must be issued either a) via tyour website manager interface, where applicable, or b) via Artists Wanted’s support addresses. Any cancellation issued via your website manager interface, where applicable, must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time.
All payments due are in U.S. dollars unless otherwise indicated.
Only services and features clearly indicated as “free” or “no charge” are free or without charge. All other applications, features, functionality and support provided by Artists Wanted and its partners are provided for a fee and you are liable for such fees.
9. Chargeback / Refund Policy
Artists Wanted will not, under any circumstances, issue cash refunds for early contract cancellation. No credit card information is collected to initiate a free account, and charges will only be applied after explicit account purchase via the account Billing area. Please sign up for a monthly payment schedule if you are unsure of how long you will be using the service.
If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount.
Artists Wanted has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment that is found to be valid will be permanently blacklisted and barred from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.
10. Taxes
Artists Wanted shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from or by you or through the Artists Wanted services.
You take full responsibility for all taxes and fees of any nature associated with Services used or products purchased.
11. Domain Registration
If you request during the activation process that Artists Wanted purchase a domain on your behalf for use with the Services, you are authorizing Us to purchase one (1) domain as selected by you from the third-party domain registrar enom.com. By doing so, you are agreeing to any terms and conditions enom.com may have. Those terms and conditions can be found on their website.
http://www.enom.com/terms/default.asp
We will purchase the requested domain and will place the registration in our name, with the address as our business address for the duration of the time you subscribe to our Services.
The domain is in our control for the duration of the time you subscribe to our Services. If at any time you wish to gain control of the domain name, you may request instructions on how to do so by contacting info@artistswanted.org. Artists Wanted will charge a reasonable transfer fee for the transfer of domain ownership. Once the domain is placed in your control, you immediately become responsible for maintaining the domain registration. Artists Wanted is not liable for any domain that is lost due to the you not maintaining the registration requirements.
You are permitted only one domain to be connected to our Services per account. Our fee covers the registration of only one domain per account. If you request a domain change and the original domain was purchased by Artists Wanted, it is your responsibility to request control of the original domain. If you do not gain control over the domain, its registration will lapse naturally. Artists Wanted will not be liable for any damages or loss associated with the loss of control of the original domain.
12. Miscellaneous Provisions.
A. Choice of Law/Jurisdiction. You agree that these Terms of Use shall for all purposes be governed by and construed in accordance with the laws of the State of New York, without giving effect to any choice of law provisions thereof, and that any action arising out of these Terms of Use shall be litigated and enforced under the laws of the State of New York. Further, you agree to submit to the exclusive jurisdiction and venue of the courts of the State of New York, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of New York.
B. Waivers. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. The failure of Artists Wanted to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
C. Severability. If any provision of these Terms of Use shall be declared void or invalid by a court of competent jurisdiction, such void or invalid provision shall not in any way impair the entire Terms of Use. The remaining provisions shall be construed as if not containing the provisions held to be void or invalid, and the rights and obligations of the parties hereto shall be construed and enforced accordingly. If any court with jurisdiction should determine that any provision of these Terms of Use is overbroad or otherwise unenforceable, the court may narrow or limit the provision so as to make it enforceable.
D. Headings. The headings used in these Terms of Use are for reference purposes only and do not constitute substantive matter to be considered and construed as the terms of these Terms of Use.
E. Binding Agreement. These Terms of Use shall be binding upon you and your employees, representatives, and agents, and their respective heirs, successors and assigns and shall inure to the benefit of Artists Wanted and its affiliates, successors, assigns and licensees.
F. Entire Agreement. These Terms of Use and any and all other online policies promulgated by Artists Wanted constitute the entire agreement between us and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. Nothing contained herein will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur any warranty, liability or obligation of any kind (express or implied) on behalf of the other party.
G. Force Majeure. Failure by any party to perform any obligation hereunder shall be excused if and for so long as such breach or failure to perform is caused by a force majeure event, and prompt notice thereof has been given to the other party. If any party fails to perform any duty or obligation hereunder as a result of a force majeure event, such party shall be required to fulfill its obligations hereunder within a reasonable time after the force majeure event ceases to exist.
H. Acknowledgment. By using and/or accessing the Website, you are agreeing to comply with and be bound by these Terms of Use (the “Agreement”). This Agreement is inclusive of any operating rules, official contest rules, policies, price schedules and/or other supplemental terms and conditions or documents expressly incorporated herein by reference and/or published from time to time. Please review the terms of this Agreement carefully. If you do not consent to this Agreement in its entirety, you are not authorized to use this Website in any manner or form.