The website may contain certain features and functions (“User Content Area(s)”) that allow you to post and/or upload to the website comments or other user generated content (“User Content”). You agree that you will not upload, post, display, or transmit any of the following to any User Content Area:
• Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• Content which contains advertising or any solicitation with respect to products and/or services;
• Content in which you impersonate any person or entity;
• Content protected by copyright, trademark, trade secret, rights of publicity or other proprietary right of any third party (collectively, “Third Party Rights”) without the prior express written consent of the applicable right holder.
We reserve the right to edit, modify and/or remove any User Content posted, submitted and/or uploaded to the website. You agree that you are solely responsible for any liability arising from or related to your User Content.
License to Use User Content
You retain ownership of your rights in any User Content you post to the website, subject to the rights that you grant to us as described in this section. By submitting User Content to the website, you grant Artsmith a royalty-free, perpetual, irrevocable, non-exclusive, transferable and sub-licensable right and license to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display such content or information (in whole or in part) worldwide and/or to incorporate such content into other works in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content or information.
In addition, you agree that by merely permitting your User Content to be posted, displayed, submitted and/or uploaded to the website, Artsmith shall not be considered a publisher of such User Content and is merely functioning as an intermediary to enable you to post, display, submit and/or uploaded any User Content.
User Name Handling Policy
Registration for access to and use of certain areas of the website may require a user name and password. Please treat your user name and password as confidential information and do not disclose this information to a third party.
All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the website (except for User Content) are exclusively owned, controlled, and/or licensed by Artsmith or its or affiliates. All names, logos, marks, and icons identifying Artsmith are owned exclusively by Artsmith, and any use of such marks without the prior express written permission of Artsmith is strictly prohibited.
THE WEBSITE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ARTSMITH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ARTSMITH ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL OPERATE ERROR-FREE, UNINTERRUPTED MANNER.
Limitation of Liability
IN NO EVENT SHALL ARTSMITH BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE AND/OR THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
You acknowledge that any breach, threatened or actual, of this Agreement, including, without limitation, violations or infringement of Artsmith’s intellectual property or proprietary rights, may cause irreparable injury to Artsmith, whereby such injury would not be quantifiable in monetary damages, and Artsmith would not have an adequate remedy at law. In the event of such injury or potential for such injury, you agree that Artsmith shall be entitled, in addition to other available remedies, to seek injunctive relief from a court of competent jurisdiction.
Links to Other Sites and Third Party Content
The website may contain links to certain websites or online social networks owned and operated by third parties (collectively, “Third Party Sites”). These Third Party Sites have not necessarily been reviewed by Artsmith and are owned, controlled and/or maintained solely by third parties over whom Artsmith exercises no control. In addition, Artsmith may, in its sole discretion, provide content on the website that is owned by third parties (“Third Party Content”). Such Third Party Content has not necessarily been reviewed by Artsmith and is created, edited, published, maintained and made available by third parties over whom Artsmith exercises no control. Artsmith expressly disclaims and shall not have any liability or responsibility for any Third Party Content appearing on the website.
Digital Millennium Copyright Act
Artsmith complies with the Digital Millennium Copyright Act (17 U.S.C. §512). If you believe that your work has been copied in a way that constitutes copyright infringement on the website, please contact us at firstname.lastname@example.org.
Last Updated on June 16, 2016.