2.
DESCRIPTION
OF SERVICE
www.ArtMart.cc currently
provides users with access to a rich
collection
of online resources, including the ARTIST PORTFOLIO hosting services
(the
"Service"). Unless explicitly stated otherwise, any new features that
augment
or enhance the current Service, including the release of new www.ArtMart.cc resources,
shall be subject to the TOS. In order to
use
the Service, you must obtain access to the World Wide Web, either
directly
or through devices that access web-based content, and pay any service
fees
associated with such access. In addition, you must provide all
equipment
necessary to make such connection to the World Wide Web, including a
computer
and modem or other access device. Please be aware that www.ArtMart.cc might have
created certain areas on the Service that may
contain
mature or adult content. You must be at least 18 years of age to access
and view such areas.
3.
YOUR
REGISTRATION OBLIGATIONS
In
consideration
of use of the Service, you agree to: (a) provide true, accurate,
current
and complete information about yourself as prompted by the Service's
registration
form (such information being the "Registration Data") and (b) maintain
and promptly update the Registration Data to keep it true, accurate,
current
and complete. If you provide any information that is untrue,
inaccurate,
not current or incomplete, or www.ArtMart.cc has
reasonable
grounds to suspect that such information is untrue, inaccurate, not
current
or incomplete, www.ArtMart.cc has the
right to suspend
or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
4. www.ArtMart.cc PRIVACY
POLICY
Pursuant
to www.ArtMart.cc privacy
policy, www.ArtMart.cc
does not disclose to third parties certain aggregate information
contained
in your Registration Data or related data, provided that, such
information
will include personally identifying information, except as specifically
authorized by you or in the good faith belief that such action is
reasonably
necessary to comply with the law, legal process, to enforce the TOS, or
under any of the other circumstances set forth in our privacy policy,
as
may be amended from time to time. For more information, please see our
full privacy policy at http://www.artmart.cc/privacy/
5.
MEMBER
CONDUCT
You
understand
that all information, data, text, software, music, sound, photographs,
graphics, video, messages or other materials ("Content"), whether
publicly
posted or privately transmitted, are the sole responsibility of the
person
from which such Content originated. This means that you, and not www.ArtMart.cc, are
entirely responsible for all Content that
you
upload, post or otherwise transmit via the Service. World Wide Arts
Resources
/ absolutearts.com does not control the Content posted via the Service
and, as such, does not guarantee the accuracy, integrity or quality of
such Content. You understand that by using the Service, you may be
exposed
to Content that is offensive, indecent or objectionable.
You
agree
to not use the Service to:
(a)
upload,
post or otherwise transmit any Content that is unlawful, harmful,
threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
(b)
harm
minors in any way;
(c)
impersonate
any person or entity, including, but not limited to, a World Wide Arts
Resources / absolutearts.com official, forum leader, guide or host, or
falsely state or otherwise misrepresent your affiliation with a person
or entity;
(d)
forge
headers or otherwise manipulate identifiers in order to disguise the
origin
of any Content transmitted through the Service or develop restricted or
password-only access pages, or hidden pages or images (those not linked
to from another accessible page);
(e)
upload,
post or otherwise transmit any Content that you do not have a right to
transmit under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information
learned
or disclosed as part of employment relationships or under nondisclosure
agreements);
(f)
upload,
post or otherwise transmit any Content that infringes any patent,
trademark,
trade secret, copyright or other proprietary rights of any party;
(g)
upload,
post or otherwise transmit any unsolicited or unauthorized advertising,
promotional materials, "junk mail," "spam," "chain letters," "pyramid
schemes,"
or any other form of solicitation, except in those areas of the Service
that are designated for such purpose;
(h)
upload,
post or otherwise transmit 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;
(i)
disrupt
the normal flow of dialogue, cause a screen to "scroll" faster than
other
users of the Service are able to type, or otherwise act in a manner
that
negatively affects other users' ability to engage in real time
exchanges;
(j)
interfere
with or disrupt the Service or servers or networks connected to the
Service,
or disobey any requirements, procedures, policies or regulations of
networks
connected to the Service;
(k)
intentionally
or unintentionally violate any applicable local, state, national or
international
law, including, but not limited to, regulations promulgated by the U.S.
Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any
regulations
having the force of law;
(l)
"stalk"
or otherwise harass another;
(m)
collect
or store personal data about other users;
(n)
promote
or provide instructional information about illegal activities, promote
physical harm or injury against any group or individual, or promote any
act of cruelty to animals. This may include, but is not limited to,
providing
instructions on how to assemble bombs, grenades and other weapons, and
creating "Crush" sites;
(o) use
your ARTIST PORTFOLIO page(s) (or directory) as storage for remote
loading
or as a door or signpost to another home page, whether inside or beyond
World Wide Arts Resources / absolutearts.com;
(p)
have
multiple World Wide Arts Resources / absolutearts.com addresses that
are
within the same World Wide Arts Resources / absolutearts.com ARTIST
PORTFOLIO
AREA or that have the same theme;
or (q)
engage in commercial activities that are deemed objectionable by World
Wide Arts Resources / absolutearts.com and may include: soliciting for
advertisers or sponsors;
conducting
raffles or contests that require any type of entry fee; displaying a
sponsorship
banner of any kind, including those that are generated by banner or
link
exchange services, and displaying banners for services that provide
cash
or cash-equivalent prizes to users in exchange for hyperlinks to their
web sites.
6.
SPECIAL
ADMONITIONS FOR INTERNATIONAL USE
Recognizing
the global nature of the Internet, you agree to comply with all local
rules
regarding online conduct and acceptable Content. Specifically, you
agree
to comply with all applicable laws regarding the transmission of
technical
data exported from the United States or the country in which you reside.
7. CONTENT SUBMITTED TO www.ArtMart.cc does not claim ownership of the Content you place on your ARTIST PORTFOLIO Site. By submitting Content to www.ArtMart.cc for inclusion on your ARTIST PORTFOLIO Site, you grant www.ArtMart.cc the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting www.ArtMart.cc ARTIST PORTFOLIO Site(s).
This license exists only for as long as you continue to be a www.ArtMart.cc ARTIST PORTFOLIO MEMBER and shall be terminated at the time your www.ArtMart.cc ARTIST PORTFOLIO Site is terminated. You acknowledge that www.ArtMart.cc not pre-screen Content, but that www.ArtMart.cc and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, www.ArtMart.cc and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8.
INDEMNITY
You
agree
to indemnify and hold www.ArtMart.cc, and its
subsidiaries,
affiliates, officers, agents, co-branders or other partners, and
employees,
harmless from any claim or demand, including reasonable attorneys'
fees,
made by any third party due to or arising out of your Content, your use
of the Service, your connection to the Service, your violation of the
TOS,
or your violation of any rights of another.
9.
NO
RESALE OF SERVICE
You
agree
not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service.
10.
GENERAL
PRACTICES REGARDING USE AND STORAGE
You
acknowledge
that www.ArtMart.cc may
establish general practices and
limits concerning use of the Service.
11.
MODIFICATIONS
TO SERVICE
www.ArtMart.cc reserves
the right at any time and from time to
time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice. You agree that www.ArtMart.cc shall not
be liable to you or to any third party for
any
modification, suspension or discontinuance of the Service.
12.
TERMINATION
You
agree
that www.ArtMart.cc, in its
sole discretion, may
terminate
your password, ARTISTS PORTFOLIO Site, use of the Service or use of any
other www.ArtMart.cc service,
and remove and discard
any
Content within the Service, for reason stated ins SECTION 5, including,
non payment of membership fee, without limitation, for lack of use or
if www.ArtMart.cc believes
that you have violated or acted
inconsistently with the letter or spirit of the TOS. You agree that any
termination of your access to the Service under any provision of this
TOS
may be effected without prior notice, and acknowledge and agree that www.ArtMart.cc may
immediately deactivate or delete your ARTIST
PORTFOLIO Site and all related information and files in your www.ArtMart.cc Site and/or
bar any further access to such files or
the
Service. Further, you agree that www.ArtMart.cc shall
not
be liable to you or any third-party for any termination of your access
to the Service.
13.
ADVERTISEMENTS
AND PROMOTIONS
www.ArtMart.cc runs
advertisements and promotions on ARTISTS
PORTFOLIO
Sites. By creating your www.ArtMart.cc, you agree
that www.ArtMart.cc has the
right to run such
advertisements
and promotions. The manner, mode and extent of advertising by www.ArtMart.cc on your
ARTIST PORTFOLIO Site is subject to change.
Your
correspondence or business dealings with, or participation in
promotions
of, advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that www.ArtMart.cc
shall not be responsible or liable for any loss or damage of any sort
incurred
as the result of any such dealings or as the result of the presence of
such advertisers on the Service.
14.
LINKS
The
Service
may provide, or third parties may provide, links to other World Wide
Web
sites or resources. Because World www.ArtMart.cc has no
control over such sites and resources, you acknowledge and agree that www.ArtMart.cc 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 World Wide Arts Resources / absolutearts.com 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.
15.
World
Wide Arts Resources / absolutearts.com PROPRIETARY RIGHTS
You
acknowledge
and agree that the Service and any necessary software used in
connection
with the Service ("Software") contain proprietary and confidential
information
that is protected by applicable intellectual property and other laws.
You
further acknowledge and agree that Content contained in sponsor
advertisements
or information presented to you through the Service or advertisers is
protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by www.ArtMart.cc or
advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
www.ArtMart.cc grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; 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. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by World Wide Arts Resources / absolutearts.com for use in accessing the Service.
16.
DISCLAIMER
OF WARRANTIES
YOU
EXPRESSLY
UNDERSTAND AND AGREE THAT:
(a)
YOUR
USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. World Wide Arts Resources /
absolutearts.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b)
World
Wide Arts Resources / www.ArtMart.cc MAKES NO
WARRANTY THAT
(i) THE
SERVICE WILL MEET YOUR REQUIREMENTS,
(ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii)
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE
WILL
BE ACCURATE OR RELIABLE,
(iv)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED
OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
www.ArtMart.cc OR THROUGH
OR FROM THE
SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17.
LIMITATION
OF LIABILITY
YOU
EXPRESSLY
UNDERSTAND AND AGREE THAT www.ArtMart.cc SHALL NOT
BE
LIABLE
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 WORLD Silesia Group Inc /
ArtMart.cc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING
FROM:
(i) THE
USE OR THE INABILITY TO USE THE SERVICE;
(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 THE SERVICE;
(iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv)STATEMENTS
OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY
OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. www.ArtMart.cc shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
20.
NOTICE
Notices
to you may be made via either email or regular mail. The Service may
also
provide notices of changes to the TOS or other matters by displaying
notices
or links to notices to you generally on the Service.
21.
COPYRIGHTS
www.ArtMart.cc respects
the intellectual property rights of
others
and we ask our users to do the same.
22.
GENERAL
INFORMATION
The TOS
constitute the entire agreement between you and www.ArtMart.cc
and govern your use of the Service, superceding any prior agreements
between
you and www.ArtMart.cc (including,
but not limited to,
any prior versions of the TOS). You also may be subject to additional
terms
and conditions that may apply when you use affiliate or other www.ArtMart.cc services,
third-party content or third-party software.
The TOS and the relationship between you and www.ArtMart.cc
shall be governed by the laws of the State of Florida without regard to
its conflict of law provisions. You and www.ArtMart.cc
agree to submit to the personal and exclusive jurisdiction of the
courts
located within the county of Pasco, to use of the Service or the TOS
must
be filed within three (3) months after such claim or cause of action
arose
or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
23.
MEMBERSHIP
FEES
Invoices
are due upon receipt. Regardless of the term of this contract, because www.ArtMart.cc incurrs the
costs for providing the
services,
this contract is fully earned upon posting, and is non-cancelable.
Deposits
and payments are non-refundable.
Designer
products, art products terms are located at:
http://www.artmart.cc/terms.html
Last Updated: December 23, 2009