Last Updated January, 2012
Artslant, Inc., Artslant LP and their website, Artslant.com, bring all information and services contained within this site to you, the user, conditional upon your acceptance of the following terms and conditions and policies ("terms"). Use of this site constitutes your agreement with these terms, conditions and policies. If you are not in agreement with these terms, please do not use the Artslant.com website, and please refrain from accessing Artslant.com.
Artslant, Inc. reserves the right to change, modify or remove portions of these terms at our sole discretion and any such changes will be immediately effective upon posting to this website. Artslant, Inc. reserves the right to change, modify or discontinue, temporarily or permanently, any or all parts of Artslant.com and Artslant, Inc. shall not be liable to any user or other third party for any such modification or discontinuation of this site.
By using Artslant.com, you warrant that you will not use this site or any content from this site for any purpose that is unlawful or prohibited by these Terms. Any violation of these terms will automatically terminate your permission to use the Artslant.com site.
The terms constitute the entire agreement between each user and Artslant, Inc. and govern each user's use of the Artslant.com site, superseding any prior agreements. Each user may be subject to additional terms and conditions that may apply when that user uses affiliate services, third party content or third party software. The Terms and the relationship between each user and Artslant, Inc. shall be governed by the laws of the State of California without regard to its conflict of law provisions and each party shall submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California . If any provision of the Terms 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 remain in full force and effect.
Please report any violations of the Terms (except for claims of intellectual property infringement) to Artslant, Inc.
When asked, each Artslant.com user will provide true, accurate, current and complete information on our registration form, and as necessary, will promptly maintain and update this data to ensure accuracy. If, after investigation, Artslant, Inc. has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, we may suspend or terminate that user's account and we may prohibit or restrict any and all current or future use of the Artslant.com website by that user.
Each user will receive passwords and account designations upon completing our registration processes and is wholly responsible for maintaining the confidentiality of those and is liable for all activities occurring thereunder. Artslant, Inc. cannot and will not be liable for any loss or damage arising from a user's failure to comply with this, including any loss or damage arising from any user's failure to notify Artslant, Inc. or Artslant.com of any unauthorized use of his or her password or account or any other breach of security; and ensure that he or she exits from his or her account at the end of each session.
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, "content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such content originated. Therefore, the user, not Artslant, Inc., is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits on Artslant.com. No user shall transmit Content or otherwise conduct or participate in any activities on Artslant.com that, in our judgment, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the transmission of obscenity, or the permissible uses of intellectual property.
Artslant, Inc. and Artslant.com reserve the right to refuse or delete any Content it deems necessary, as well as to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. Artslant, Inc., in its sole and absolute discretion, may preserve Content and may also disclose Content if required to do so by law or judicial or governmental mandate or as reasonably determined useful by Artslant, Inc. to protect the rights, property, or personal safety of Artslant.com's users and the public. Artslant, Inc. does not control the Content posted to Artslant.com and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will Artslant, Inc. or Artslant.com be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the Artslant.com website.
By using Artslant.com each user may be exposed to Content that is offensive, indecent or objectionable. Each user 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.
RIGHTS & OTHER TERMS
Use, reproduction, modification, and other intellectual property rights to data stored on the Artslant.com site will be subject to licensing arrangements that may be approved by Artslant, Inc. as applicable to such Content.
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments, reviews, blogs, images or other Content deemed public, the submitting user retains ownership of such; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by Artslant, Inc. In each such case (excluding artworks, which may be displayed worldwide), the submitting user grants Artslant, Inc. and Artslant.com the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
Artslant, Inc. will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, but has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Artslant.com. Artslant, Inc. reserves the right to mark as "inactive" and archive accounts and/or Content that are inactive for an extended period of time. Artslant, Inc.reserves the right to change these general practices at any time, in its sole discretion, with notice to users and the public as deemed necessary by Artslant, Inc.
Artslant, Inc. reserves the right to terminate a user's account for any reason. Artslant, Inc. is especially likely to terminate for reasons that include, but are not limited to, the following: (a) violation of these Terms; (b) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (c) use of Artslant.com in a manner inconsistent with the Purpose; (d) a user's request for such termination; or (e) as required by law, regulation, court or governing agency order.
Termination of any user's access to any or all of the Artslant.com site may be effected without notice and, on such termination, Artslant, Inc. may immediately deactivate or delete user's account and/or bar any further access to such files. Artslant, Inc. shall not be liable to any user or other third party for any termination of that user's access or account hereunder. In addition, a user's request for termination will result in deactivation but not necessarily deletion of the account. Artslant, Inc. reserves the right to delete, or not delete, a user's account at our sole discretion, as well as to delete, or not delete, content at our sole discretion.
LINKS TO OTHER SITES
Artslant, Inc., Artslant.com or a third party may provide links to other websites. Artslant inc and Artslant.com exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. Artslant, Inc. shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Any user's access and use of linked websites, including information, material, products and services therein, is solely at their own risk.
INDEMNITY, DISCLAIMER, LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless Artslant, Inc. and Artslant.com and their respective officers, employees and agents from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys' fees, made by any third party due to or arising out of that user's acts or omissions, including claims arising out of that user's use of Artslant.com; his or her submission, posting or transmission of Content or his or her violation of the Terms.
Each user's use of the Artslant.com site is at his or her sole risk. The Artslant.com site is provided on an "as is" and "as available" basis and Artslant, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Each user will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material. Artslant, Inc. 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. Artslant, Inc. makes no warranty that Artslant.com or any service thereon will meet your requirements, or that any user access will be uninterrupted, timely, secure or error-free, or that the quality of any content, products, services, information or other material obtained by any user will meet his or her expectations, and finally that any errors in the software will be corrected. Artslant, Inc. 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 we have been advised of the possibility of such damages), resulting from any user's use or inability to use any service on Artslant.com; the cost of procurement of substitute services; unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on the Artslant.com site; or any other matter relating to the Artslant site. In no event shall Artslant, Inc.'s total cumulative liability to any user or other party under these terms of service or otherwise exceed $1,000.00. 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 may not apply to you. Nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between Artslant, Inc. and any user or other person or entity nor do these terms of service extend rights to any third party. As noted above, Artslant, Inc. does not and cannot control the actions of its site users, visitors or linked third parties. We reserve the right to report any malfeasance that comes to our attention to the appropriate authorities. We do not guarantee continuous uninterrupted or secure access to the Artslant site.. Operation of Artslant.com may be subject to interference from numerous factors outside our control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to the website. The disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by Artslant, Inc.
Artslant, Inc., Artslant LP, Artslant.com, the Artslant logo, and the ARTshow logo, our service marks, and product and service names are trademarks or registered trademarks in the United States. All other names and designs may be trademarks of their respective owners.
With regard to copyrights, Artslant, Inc. respects the intellectual property rights of others, and requires that the people who use Artslant.com do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by at the contact information provided on the site and provide us with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Artslant, Inc. to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
If Artslant, Inc. receives such a claim, we reserve the right to refuse or delete Content as described above, or to terminate a user's account as indicated above.
Upon receiving a claim of infringement, Artslant, Inc. will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Artslant, Inc. will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Artslant, Inc. will take reasonable steps to expeditiously notify the subscriber that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, Artslant, Inc. will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, Artslant, Inc. will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless we first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on the Artslant system or network.
You may provide us with a counter notification by providing us with the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Artslant, Inc. may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Every user or visitor to Artslant.com must abide by the existing Copy Right Act as amended, ignorance of the law is never an excuse in this matter. Any type of violation of law, which includes copying the artwork by any person, including the works of another user of Artslant. com, by any means or methods available, will break the provisions of Copy Right laws, both National and International.
The provisions of Copy Right law will be invoked in any of the following cases:-
(a) Copying any art work of another person and displaying it on Artslant.
(b) Copying, by electronic or by any other method, the art work of a user or any other person without his or her prior consent.
c) Print, sell or display art works without the consent of the artist from his profile on ArtSlant.com. or from any other connected or linked sites.
(d) Misrepresentation of the individual details and facts of a user and displaying forged works by means of computer software, or by any other techniques, altering, modifying or changing another person's artwork and displaying such works on Artslant.com.
Artslant Inc. and Artslant LP reiterate that any user, who violates the Copy Right law, is solely liable for the costs and consequences of any legal proceedings and Artslant holds no responsibility, in such situations.
Artslant disclaims any responsibility for copyrights of work directly purchased by a purchaser from a user of the Artslant site, because Artslant is an open site and any one can enter and exit without the knowledge of Artslant LP or Artslant Inc.
Artslant disclaims any responsibility for infringement of the copyright of the work of a user of the site if anyone, by any method, copies a work which was displayed at Artslant.
Whenever there will be any clash between the Copy Right law of another Country or Nation with the Copy Right law of the U.S.A., the latter or existing International law, if any, will prevail.
Artslant, Inc. may conduct surveys or other studies of its user base and usage for marketing and planning purposes. Participation in such surveys is at the user's option. With respect to information collected from such surveys or studies, and in the event that responses are to be publicly disclosed, users will be notified at the time they take the survey and Artslant, Inc. will disclose only aggregate information regarding its users and not personal information identifying any specific individual. Notwithstanding the foregoing, in cases where surveys allow users to submit written comments, and where Artslant, Inc. advises users of the possibility of such disclosure at the time they take the survey, we reserve the right to disclose text information provided by any user through such a survey, provided that no personal information identifying that user is disclosed. Circumstances under which Artslant, Inc. would publicly disclose aggregate information include, but are not limited to, sharing survey results with the site population, providing data to our advertisers on user preferences and/or demographics, business planning, and publicizing overall usage data in press communications.
In order to implement or enforce the Terms, Artslant, Inc. may use user-provided email addresses to contact users on an individual basis. At no time, unless such disclosure is required by law, a governmental agency, or specifically authorized by the user, will Artslant, Inc. disclose individual user personal information to unrelated third parties that is not publicly available.
Users may "opt-in" to receive event announcemenets, site notifications, or other information via email. Users may remove themselves from such services at their discretion. Any email sent to an "opt-in" list will include directions for how a user may remove himself or herself from the list, or a URL where the user may find such directions.
In some cases, a user's personal information may be publicly available through such user's profile display. In such cases, users have the option to opt out of publicly displaying their personal information, including email addresses. Users may also enlist this technique when posing comments on Artslant.com. In cases where site profiles allow users to display optional information publicly, such entry and display is at the user's discretion and may be changed at any time by the user.
Artslant.com allows users to email information from our site to other parties. In such cases, a user's valid email address and real name will be included with such messages. In order to prevent abuse, users may not opt-out of such a display, but may choose to refrain from using Artslant.com to transmit an email message.
Artslant.com allows users to view their data on their personal profile page. When technically feasible, users are permitted to update their personal information directly through Artslant.com. In the event this updating service is not technically feasible, Artslant, Inc. will make reasonable efforts to assist users in updating their personal information.
To secure site integrity, Artslant, Inc. employs measures, including but not limited to security audits, use of encryption tools and software, and other reasonable security measures and procedures. Internal access to users' private and nonpublic personal information is restricted to site administrators and individuals on a need-to-know basis.
COOKIES AND THIRD PARTY ADVERTISING
Third party web advertising partners may be employed by Artslant, Inc. to serve up ads appearing on Artslant.com. In the event a third party is used, they may place or recognize a unique cookie on a user's browser. Information about users' visits to Artslant.com, such as the number of times users have viewed an ad, are used to serve ads to visitors. As with other cookies and consistent with Artslant, Inc.'s policy on cookies stated above, the user may block or delete such cookies from the user's drive or memory.