Terms and conditions
User Responsibilities and Conditions
- YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. First, your use of the Website is subject to certain conditions which you accept by using the Website. Also, you agree to accept certain responsibilities.
- Accessing, using, registering, or posting content to the Website constitutes acceptance by you of this Agreement in its entirety.
- To use, view, access, register, or post content to the Website, you must be at least eighteen (18) years old.
- You agree that you will not use any spider, crawler, robot, or other computer program to copy or index the Website or any Content contained therein in any way.
- You represent, warrant, and covenant that: (a) you shall not upload, post, or transmit to or distribute or otherwise publish through the Website any materials which (i) restrict or inhibit any other user from using and enjoying the Website, (ii) are unlawful, threatening, abusive, libelous, or defamatory, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, (viii) constitute or contain false or misleading indications of origin or statements of fact; and (b) that you are at least eighteen (18) years old. If you chose to do any of the above-mentioned actions, you alone may be held responsible for your actions and Company reserves the right to discontinue your access to the Website in appropriate circumstances and with consideration.
- You understand and agree that any material you submit to the Website will be published publicly. We do not recommend that you publish any information concerning your own personal, private health information. You agree that Company and any of its successors or assigns has the right to display on the Website all such personal, private health information that you submit.
- You agree that you will not submit any personal, private health information for any other person to the Company.
- You hereby agree to indemnify, defend, and hold Company, and all of its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties, and covenants, including, without limitation, attorneys’ fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
- By posting messages, uploading files, inputting data, or engaging in any other form of communication (individually or collectively, “Communications”) to the Website, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, register for copyright protection, sue for damages for infringement, and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. Whatever original material you publish on the Website, you give to the Company.
- Anyone who uploads art to artist.com must be either the creator of the art, or have the authorization and permission of the artist who created the art, to upload the art to artist.com. An example may be the permission and authorization an artist may give to a gallery, to upload the artist’s art on a gallery page on artist.com. You may not upload any art for which you are not the creator, and for which you do not have the authorization and permission of the artist to upload this art. Artist.com may ask for proof that you have created the art, or for proof that the creator of the art has granted you authorization and permission to upload the art.
- You agree that Company may decline to publish any material you submit to the Website. Company may also remove any material, in whole or in part, from the Website. The Company does not endorse or support the factual accuracy of any information, text, images, and other materials (collectively, “Content”) contained on the Website.
- Company may also impose limits on certain features and services or restrict your access to parts or all of the Company Website without notice or liability. Company will not abuse these rights, but use them to honor the interests of as many parties of the Agreement as possible.
- The Website contains links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Website. Links to and from Website to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents.
- Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. As a general rule, please don’t believe everything you read on the Internet. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
- Company does not and cannot review all materials posted to the Website by users, and Company is not responsible for any such materials posted by users.
- THE WEBSITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE WEBSITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INLCUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
- UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, ACTUAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL DAMAGES OR ANY OTHER DAMAGES OR LOSS THAT ARISE FROM THE USE OF THE WEBSITE, EVEN IF SUCH DAMAGE IS FORSEEABLE OR YOU PROVIDE NOTICE TO COMPANY OF SUCH DAMAGES OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, THIS PROVISION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT COMPANY’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LOSSES, OR CAUSES OF ACTION SHALL NOT EXCEED TEN DOLLARS ($10.00) OR THE TOTAL AMOUNT YOU PAID TO COMPANY, WHICHEVER IS LESS.
- The Website is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Website are only for your personal, non-commercial use. All materials contained on the Website are protected by copyright, and are owned or controlled by Company, though it is not responsible for its content. You will abide by any and all additional copyright notices, information, or restrictions contained in any Content on the Website. Copying or storing of any Content for other than personal, noncommercial use is expressly prohibited without the prior written permission from Company. To do so could mean copyright infringement.
- If you believe that your copyrighted material has been improperly posted, uploaded, displayed, or published on the Website, please send written notice of claimed infringement to:
At a minimum, any written notice of claimed infringement must contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- In compliance with the Digital Millennium Copyright Act (17 U.S.C. § 512(i)) Company will terminate, in appropriate circumstances and consideration, the accounts of users, subscribers, and account holders of the Website who are repeat infringers of third party copyrights.
- Third parties may republish such Communications by email to others or republish, through the Website, such Communications to Facebook, Twitter, LinkedIn, ShareThis, Pinterest, Adtfy, Allvoices, Amazon Wishlist, Arto, Baidu, Bebo, Blinklist, Blip, Blogmarks, Blogger, Brainify, BuddyMarks, Buffer, BX, Care2, chiq, CiteULike, Connotea, coRank, Corkboard, Current, Dealspl.us, Delicious, Digg, Diigo, .net Shoutout, DZone, Edmodo, Evernote, Fark, Fashiolista, folkd.com, Formspring, Fresqui, FriendFeed, Funp, fwisp, Google, Google +, Bookmarks, Google Reader, Google Translate, hatena, Hyves, identi.ca, Instapaper, Jumptags, Kaboodle, linkaGoGo, LiveJournal, mail.ru, Meneame, Messenger, Mr Wong, Mixx, moShare, MySpace, N4G, Netlog, Netvouz, Newsvine, NUjij, Odnoklassniki, Oknotizie, Orkut, Raise Your Voice, Reddit, Segnalo, Sina, Slashdot, Sonico, Speedtile, Startaid, Startlap, StumbleUpon, Stumpedia, Technorati, TypePad, Tumblr, Viadeo, Virb, Vkontakte, VOXopolis, WordPress, Xanga, Xerpi, Xing, Yammer, Yigg, and other such websites. By submitting Communications to the Website, you agree to these republications of said Communications.
General Agreements between User and Company
- This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this agreement shall be in the Texas state courts in and for Harris County, Texas or the United States District Court for the Southern District of Texas. You agree to not to raise the defense or argument of forum non conveniens, which means that in the unfortunate event we should go to court against each other, you are agreeing to have the legal matter held and settled in Harris County, Texas, regardless of your location.
- This Agreement constitutes the entire agreement between Company and you with respect to your use of the Website. Any cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. Company disclaims any and all responsibility for content contained in any third party materials provided through links from the Website.
- You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. If you do not agree to these terms and conditions of use, as is your right, you may not access or otherwise use this Website.