Last Update: September 14, 2011
Access Subject to Local Restrictions
The Site and all information and functionality contained within it are not directed at or intended for use by any person resident or located in any jurisdiction where (1) the distribution of such information or functionality is contrary to the laws of such jurisdiction or (2) such distribution is prohibited without ArtVenue obtaining the necessary licenses or authorizations and such have not been obtained.
Limited License and Restrictions on Use
Loan, share, publish, republish, copy, reproduce, disclose, transmit, display, sell, license, lease or distribute any portion of the Site or any data thereon to any third-party, or use the Site as a basis for a directory or database prepared for commercial sale, commercial use, or distribution;
Remove any copyright, watermark, trademark or other proprietary notices contained in the Site;
Disassemble, decode, decompile or otherwise reverse engineer any software (the "Software") used in providing, accessing, storing, serving, or viewing the Site;
Access, download, transfer or manipulate data or databases comprising the Site using protocols or interfaces other than those provided by ArtVenue as part of the Site. This includes the use of programming scripts, robots, spiders, crowdsourced human intelligence, or any other automated method to automatically obtain the contact information of our subscribers and any programming scripts or third-party software or crowdsourced human intelligence which automatically downloads or copies image or textual content from any portion of the Site;
Hire any type of crowdsourced or outsourced labor to utilize the Site in any way;
Utilize any automated method of contacting subscribers or other users through the Site;
Contact other users or subscribers to the Site with offers to consume any commercial service or purchase any product;
Have access to or make any use of the source code for the Site;
Take any action inconsistent with ArtVenue's ownership of and rights in the Site and the Software; or
Violate any law or regulations concerning data protection.
In addition, by using the Site, you agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked websites;
not to disrupt or interfere with any other user's permitted enjoyment of the Site or affiliated or linked websites;
not to upload, post or otherwise transmit through or on the Site any viruses or other harmful, disruptive or destructive files;
not to use, frame or utilize framing techniques to enclose any ArtVenue trademark, logo, content or other proprietary information (including the images found at the Site, the content of any text or the layout/design of any page or form contained on a webpage) without the express written consent of ArtVenue;
not to use meta tags or any other "hidden text" utilizing a ArtVenue name, trademark, or product name;
not to create or use a false identity on the Site;
not to collect or store personal data about others obtained through the Site;
not to attempt to obtain unauthorized access to portions of the Site that are restricted from general access;
not to take any action that will or could impose unreasonable or disproportionately large load on our Site or our other infrastructure;
not to post any material that is false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy or otherwise in violation of any applicable local, state, national, or international law, statute, regulation, ordinance or other means of establishing legal rights and obligations in any geographic area (collectively, "Applicable Law");
not to post any copyrighted material unless the copyright is owned by you or you have obtained permission from the copyright holder, which posting shall be deemed consent by you of the publication of such copyrighted material on the Site;
not to take any action that may undermine any feedback or rating systems; and
to comply with all applicable laws that relate to your use of or activities on the Site including but not limited to United States export restrictions.
Purchases of Goods or Services
When you purchase an item or service, you and the seller enter into a binding contract that both parties are expected to honor. ArtVenue may provide the vehicle for communication, negotiation, and confirmation of a bid between a buyer and seller, and all users agree that any such bids are binding obligations once proposed by the seller and accepted by the buyer. The users agree to ArtVenue is not involved in the actual transaction between buyers and sellers and is not a party to the contract. You will promptly deliver payment for an item or service purchased by you unless (a) the seller has materially misrepresented the item, or (b) you cannot authenticate the seller’s identity.
Reputation Management and Review Functionality
Intellectual Property Rights
The Site and any and all content on the Site are protected by copyright and/or other intellectual property laws and any unauthorized use of such intellectual property or information or the Site may violate such laws related to their protection. Except as expressly provided herein, ArtVenue does not grant any express or implied right or license of any kind to you under any patents, copyrights, trademarks, trade secrets or other intellectual property rights.
License to ArtVenue
When you send any emails through the Site or post any content on a Board, You grant ArtVenue a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to exercise any and all copyright, trademark, publicity, and database rights you have in the emails and content, in any media known now or in the future.
The information and materials contained in the Site have been gathered by ArtVenue from sources believed by it to be reliable. The INFORMATION AND MATERIALS ARE provided "as is" and ArtVenue makes no representations or warranties of any kind with respect to the information and materials contained in the Site, including without limitation warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, ArtVenue does not warrant the accuracy, timeliness, completeness, reliability or availability of the Site or the information or results obtained from use of the Site, or that the Site is virus-free or error-free. ArtVenue has no obligation to audit, validate or otherwise verify any information contained in the Site.
ArtVenue does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside ArtVenue’s control.
ArtVenue does not assume any responsibility, and shall not be liable for any damages to, or viruses that may infect, your equipment or other property on account of your access to or use of the Site.
Electronic Communication (E-Mail)
The Internet is a universally accessible medium. Ordinary E-mail messages sent over the Internet are neither confidential nor secure. They may be viewed by third parties, lost, intercepted or altered. E-mails may circulate across national borders, even if both sender and recipient are located in the same country. You are therefore recommended to communicate with ArtVenue by using a secure channel if such channel is provided by ArtVenue. In no event should you use ordinary E-mail to transmit personal or confidential information such as any account related data. ArtVenue shall not be liable to you or anybody else for any damages incurred in connection with any messages sent to ArtVenue or to other users of the Site using ordinary E-mail or any other electronic messaging system.
You release ArtVenue (and our officers, directors, agents, subsidiaries, contractors, suppliers and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes you have with one or more users of the ArtVenue Site.
Limitation of Liability
To the fullest extent permitted by law, in no event shall ArtVenue or any of its directors, employees, agents, suppliers or others with whom it may collaborate to provide the Site have any liability whatsoever to any person for any direct or indirect loss, liability, cost, claim, expense or damage of any kind, whether in contract or in tort, including negligence, or otherwise, arising out of or related to the use of all or part of the Site, even if ArtVenue has been advised of the possibility of such damages. HOWEVER, IN THE EVENT ArtVenue IS FOUND LIABLE, ArtVenue'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ArtVenue'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS AND CONSULTANTS, TO YOU IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO ArtVenue IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree to indemnify and hold ArtVenue and (as applicable) ArtVenue’s parent, subsidiaries, affiliates, officers, directors, consultants, suppliers, agents and employees harmless from an claim or demand, including reasonable attorneys; fees, made by any third party due to or arising out of your breach of the Terms and Conditions, or your violation of any law or the rights of a third party.
Conflict with Additional Terms
Applicable Law and Dispute Resolution
This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. If any provision of this Agreement is held to be unenforceable, such provision shall be struck and the remaining provisions remain enforceable. You and ArtVenue are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. ArtVenue may assign this Agreement by providing notice to you. You may not assign this Agreement, nor any of its rights or obligations, without ArtVenue’s prior written consent. No waiver shall be deemed a waiver of any prior or subsequent default hereunder.
The following Sections survive any termination or expiration of this Agreement: License to ArtVenue, No Warranty, Limitation of Liability, Release, Indemnity, Applicable Law and Dispute Resolution, and General.
Notice and Procedure for Making Claims of Copyright Infringement
If You believe that your work has been copied and posted on our Site in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Site; (iv) your address, telephone number, and email address; (v) a written 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; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. ArtVenue's Copyright Agent for notice of claims of copyright infringement can be reached as follows: ArtVenue Inc., Attention: Copyright Agent, ArtVenue, PO BOX 425232 Cambridge, MA 02142, or via email to ArtVenue Support at this link.