ARTCODE TERMS OF SERVICE
Date of Last Revision: February 25, 2009. Effective Date: February 25, 2009
The Artcode service and all sites created and hosted using the Artcode Service (“Artcode” or “the Service” or "the Site") are operated by ArtCode Inc. and its corporate affiliates (collectively, “us”, “we” or “the Company”). These Terms of Service constitute a binding legal contract between you and us. By using the Site, you accept its terms.
CHANGES TO THIS POLICY
If we need to change these Terms of Service at some point in the future, we’ll post the modified Terms of Service on this Site and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified. We reserve the right to deny access to the Site for any reason.
You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.
This Terms of Service agreement discloses information regarding our policies for Privacy, Content, and Liability in accordance with the use of Artcode. Please read these Policies carefully so that you understand our online practices. By visiting this Site, you agree that your visit, and any dispute over our online practices, is governed by this Terms of Service agreement. Questions and reports of violations regarding our Terms of Service should be directed to us at email@example.com.
INTELLECTUAL PROPERTY RIGHTS
The materials available through this Site are our property or the property of our affiliates or licensors, and are protected by copyright, trademark and or other intellectual property laws. You may use the Site, and materials on the Site provided you keep intact all copyright and other proprietary notices and, where applicable, comply with the terms of any product licensed for you by us, or by you for use in conjunction with the site. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this Site in any form (including by email or other electronic means) without prior written permision from the owner.
To use certain features of the Site, you will need a user ID and password, which you will create through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur in connection with the use of your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and where applicable, to accept a new password or account where acceptance is necessary to protect our security, to protect the security of other users, or to insure Artcode's compliance with any valid Court Order. You agree to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.
MODIFYING YOUR INFORMATION AND OPTING OUT
If you register with us, you will have the opportunity to review, update, change or delete the information you have provided us (and that we continue to store) at any time. If you remove your registration information completely, you may not be able to continue using certain services that require registration.
USE AND DISCLOSURE OF INFORMATION
Artcode takes your privacy extremely seriously and never discloses your private contact information to third parties.
Artcode uses the information it collects from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes.
You agree that we may use your information to contact you for customer service purposes, to inform you of important changes or additions to our Site or the services offered over our Site, and to send you administrative notices, offers and any other communications that we believe may be of interest to you.
Please also keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online we cannot be responsible for any unauthorized third party use of such information.
Please be aware that we may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service or to protect the rights, property or safety of visitors to our Site, the public, or to us or our Site. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that ArtCode Inc., some or all of our assets, or our Site is acquired by another company, information about our visitors may be among the transferred assets.
TYPES OF INFORMATION WE COLLECT
The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through registration; and (2) tracking information gathered as users navigate through the Site.
Information You Provide To Us: We may collect and store information, personal or otherwise, that you voluntarily supply either while on our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name, address, or email address) that you electronically submit when you register for certain features on our Site, participate in contests offered on the Site, or sign up for email newsletters, and information that you post on message boards or other public posting areas on our Site. We may also ask for information (including a credit card number) from those who purchase a subscription or conduct other transactions on our Site. The information supplied will help us provide the product or service requested, offer you more personalized features and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services made available to other users of the Site.
We also may collect and store information that is generated automatically as you navigate through our Site. For example, to help make the Site more responsive to the needs of users, we employ a standard feature of browser software, called a “cookie,” to assign each user a unique, random number that resides on a user’s computer. The cookie does not personally identify the user; it merely identifies the computer with which the user accesses the Site. Unless a user voluntarily identifies himself or herself (through registration, for example), the Site will not be able to identify the identity of the user, even if a cookie is assigned to a user’s computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information before. Of course, you are free to set your web browser not to accept cookies; however, doing so may render your computer unable to take advantage of the personalized features enjoyed by other users of the Site.
We also may use web beacons (also known as “single-pixel GIFs”) to access cookies and to count users who visit our Site or open our HTML-formatted email messages. And our Site’s servers automatically collect limited information about your computer’s connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data – such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site’s content to you upon request and to measure traffic within the Site.
STORAGE OF INFORMATION
All information gathered on our Site is stored within a database accessible only to Artcode. However, as effective as the reasonable security measures implemented by us may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet.
This children’s privacy statement explains Artcode’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information
This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen, we will delete such information from our records. Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOT knowingly distribute any such information to third parties. We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by email to firstname.lastname@example.org. Please include the following information in your notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.
GENERAL PRACTICES REGARDING USE AND STORAGE OF CONTENT
You acknowledge that we may establish general practices, limits and restrictions concerning use of the Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the time that submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.
By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Artcode does not claim ownership of material you submit or make available for inclusion on the Service.
By submitting material to any public posting areas of this Service, you grant us the right to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using our Site, you agree that you will not submit, post or otherwise make available on the Site any content or material that: is profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Site; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harms minors in any way; impersonates any person or entity, including, but not limited to, a Site employee, forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity; includes personal or identifying information about another person without that person’s explicit consent; is false, deceptive, misleading, or deceitful; infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party; you do not have a right to make available 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); constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violates any applicable local, state, national or international law; You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.
You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You may not, without our prior written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of their licensors.
You agree to pay all fees and charges specified when you signed up for the Service and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service. Credit Card Authorization
You may be asked to provide ArtCode with a credit card number from a card issuer that we accept in order to activate your Service. ArtCode may seek authorization of your credit card account prior to your first purchase to validate that you can charge the applicable fees to access the Service. This authorization amount is typically the equivalent of one US dollar ($1USD). It is not a charge but may appear to reduce your available balance by the authorization amount until your card’s next billing cycle. Please contact your card issuer if you have additional questions regarding when this amount will be removed from your statement.
ArtCode may charge the monthly subscription fee and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing ArtCode to charge a credit card for the fees associated with your subscription, you are authorizing ArtCode to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs ArtCode of the new replacement card account) for all fees or charges associated with your subscription including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize ArtCode, or any other company that acts as a billing agent for ArtCode, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide ArtCode updated information on your credit card upon ArtCode's request and any time the information earlier provided is no longer valid. If payment is not received by ArtCode from your credit card issuer or its agents, you agree to pay all amounts due upon demand by ArtCode.
FREE TRIAL PERIOD
ArtCode may offer you a one-time free trial period during which you can try out the Service for free (“Free Trial Period”). If you are participating in a Free Trial Period, you must cancel the Service by the end of the trial period to avoid incurring any charges. If you do not cancel the Service before the Free Trial Period expires, and we have informed you that the Service will automatically be converted into a paid subscription at the end of the Free Trial Period, then you authorize us to charge your credit card the applicable fees as indicated at the time you signed up for the Service. During the Free Trial Period, you agree that ArtCode will have the right (subject to applicable local law) to send you communications, notices and news about the Service to your email address and to any alternate email address you may have provided. Local law may allow you to revoke your consent to receiving these communications at any time during the Free Trial Period. Certain options available to an ArtCode account are only available upon purchase of a subscription and are therefore not available to subscribers during the Free Trial Period. ArtCode reserves the right to modify, cancel and/or limit this Free Trial Period offer at any time. You may cancel your account at any time during the Free Trial Period by emailing ArtCode at email@example.com, or through your Account Settings. Upon cancelling your account, you will lose all access to the Service and any data or information stored within your account.
AUTOMATIC RENEWAL OF SUBSCRIPTION
When you sign up online for the Service, your monthly subscription will be set to automatically renew upon its expiration. This means that unless you cancel your account or change its renewal settings prior to its expiration, your account will automatically renew for another month. At the time of renewal, we will charge your credit card the then-current fees to renew the Service. About seven (7) days prior to your expiration date we will notify you by email to the email address associated with your account that your account is about to renew and remind you that your credit card will be billed the indicated Service fees on the renewal date.
All fees and charges paid by you in relation to the Service are nonrefundable, except as otherwise stated herein. ArtCode shall refund the applicable fees paid by you upon initial online sign up or renewal of the Service provided ArtCode receives such refund request within seven (30) days of the billing date for any such fees. To request a refund as described herein email us at firstname.lastname@example.org. Applicable local law may vary this policy.
CHANGES IN PRICE
ArtCode may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
MODIFICATIONS TO THE SITE
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.
You agree to indemnify ArtCode Inc., and our subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, from any claim arising from your use, or in connection with your use of the site. You furhter agree to, the extent applicable by law, to hold Artcode harmless, for any loss or damage occurring to any third-party from your use of the site, in connection with your use of the site, your violation of our Terms of Service, or your violation of any rights of another. You agree that, if Artcode is damaged by your action through use of the site, if Artcode sustains a loss, or is injured by you or your use of the site, that you will compensate Artcode for that damage, loss or injury, including as damage the costs of reasonable attorneys fees incurred in connection therewith.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, OR INABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)
No Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE 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 MAY RESULT.
These Terms of Service have been made in and shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of California in all disputes arising out of or relating to this agreement or this Site. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service 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 of Service shall remain in full force and effect. 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 the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred