1. ACCEPTANCE OF TERMS
Welcome to ArTatoO!. ArTatoO! provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.artatoo.com/art/en/legal.html. In addition, when using particular ArTatoO! services, you and ArTatoO! shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. ArTatoO! also may offer other services from time to time, such as ArTatoO! Auctions and ArTatoO! Virtual Exhibitions that are governed by different Terms of Services.
2. DESCRIPTION OF SERVICE
ArTatoO! currently provides users with access
to a collection of resources, including artwork posting, forums, chat
rooms and guestbooks through its network (the "Service"). As
a member of AdsBan Campaign, ArTatoO! keeps its Service free of advertisements
and the listings are not shared with or sold to any party outside the
corporate network. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service, including the release of
new ArTatoO! properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that ArTatoO!
assumes no responsibility for the timeliness, deletion, mis-delivery or
failure to store any user communications, files or personalization settings.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your 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 ArTatoO! has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ArTatoO! 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).
Your registration data and all other information about you will not be used for marketing purpose, shared with or sold to any third party.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive an ID and a Password upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the ID and the Password, and are fully responsible for all activities that occur under your ID or Password. You agree to (a) immediately notify ArTatoO! of any unauthorized use of your ID and Password or any other breach of security, and (b) ensure that you exit from your account at the end of each session. ArTatoO! cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text,
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 ArTatoO!, are entirely responsible for all
Content that you upload, post, email, transmit or otherwise make available
via the Service. ArTatoO! 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. Under
no circumstances will ArTatoO! be liable in any way for any Content, including,
but not limited to, 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, transmitted or otherwise made available via the
7. 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.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
ArTatoO! does not claim ownership of Content
you submit or make available for inclusion on the Service. However, with
respect to Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant ArTatoO! the following world-wide,
royalty free and non-exclusive license(s), as applicable:
You agree to indemnify and hold ArTatoO!, 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 Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that ArTatoO! may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, the maximum number of artwork pieces that may be published through an account on the Service, the maximum disk space that will be allotted on ArTatoO!'s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that ArTatoO! has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that ArTatoO! reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ArTatoO! reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
ArTatoO! 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 ArTatoO! shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that ArTatoO!, in its sole discretion, may terminate your ID, Password (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if ArTatoO! believes that you have violated or acted inconsistently with the letter or spirit of the TOS. ArTatoO! may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. 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 ArTatoO! may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ArTatoO! shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH EXTERNAL SITES
Your correspondence or dealings with, or participation in promotions of, external sites 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 external site. You agree that ArTatoO! 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 links to these external sites on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because ArTatoO! has no control over such sites and resources, you acknowledge and agree that ArTatoO! 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 ArTatoO! 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.
16. ArTatoO!'S 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 information presented to you through the Service is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by ArTatoO!, 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.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ArTatoO! 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 ArTatoO! 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.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. 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 atists or artwork prices, please read the above Sections 17 and 18 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. ArTatoO! and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
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.
22. TRADEMARK INFORMATION
ArTatoO!, the ArTatoO! logo, trademarks and service marks, and other ArTatoO! logos and product and service names are trademarks of Boweries Inc. Ltd. ("TBN Marks"). Without TBN's prior permission, you agree not to display or use in any manner, TBN Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
ArTatoO! respects the intellectual property
of others, and we ask our users to do the same. If you believe that your
work has been copied in a way that constitutes copyright infringement,
or your intellectual property rights have been otherwise violated, please
provide ArTatoO!'s Copyright Agent the following information:
24. GENERAL INFORMATION
The TOS constitute the entire agreement between
you and ArTatoO! and govern your use of the Service, superceding any prior
agreements between you and ArTatoO!. You also may be subject to additional
terms and conditions that may apply when you use affiliate services, third-party
content or third-party software. The TOS and the relationship between
you and ArTatoO! shall be governed by the laws of United Kingdom without
regard to its conflict of law provisions. You and ArTatoO! agree to submit
to the personal and exclusive jurisdiction of the courts located within
the county of Oxfordshire. The failure of ArTatoO! to exercise or enforce
any right or provision of the TOS shall not constitute a waiver of such
right or provision. If any provision of the TOS 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 TOS 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 Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred.
Please report any violations of the TOS to our Customer Care group.
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