1. ACCEPTANCE OF TERMS
The Artists Web, ltd. comprised of the internet sites http://www.theartistsweb.net, http://www.theartistsweb.co.uk, http://www.artistsforum.org (the "Sites"), provides the information and services on the Sites to you, the user, conditioned upon your acceptance, without modification, of the terms and conditions of use applicable to such Sites. With the exception of The Artists Web.net, which has separate terms and conditions of use, a link to which appears at the bottom of each page of the The Artists Web.net site, your use of any of the the other Sites constitutes agreement with the terms and conditions of use set forth herein (the "Terms").
Before using The Artists Web Sites, please carefully read this agreement relating to your use of The Artists Web Sites. By using The Artists Web Sites, you agree to be bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use The Artists Web Sites.
The Artists Web reserves the right, at The Artists Web's sole discretion, to change, modify, add or remove portions of these Terms periodically. Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, The Artists Web intends to provide users with up to fourteen days of advance notice). Your continued use of the The Artists Web Sites following the posting of changes to these Terms will mean that you accept those changes.
Use of The Artists Web Sites constitutes full acceptance of and agreement to the Terms; if a user does not accept The Artists Web's Terms, he or she is not granted rights to use The Artists Web Sites as defined herein, and should refrain from accessing The Artists Web Sites.
The Artists Web reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all The Artists Web Sites (or any part thereof). The Artists Web shall not be liable to any user or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
2. NO UNLAWFUL OR PROHIBITED USE
By using The Artists Web Sites, you warrant to The Artists Web that you will not use The Artists Web Sites, or any of the content obtained from The Artists Web Sites, for any purpose that is unlawful or prohibited by these Terms. If you violate any of these Terms, your permission to use the The Artists Web Sites automatically terminates.
3. DESCRIPTION OF SERVICES
The The Artists Web Sites are owned and operated by The Artists Web for the purpose of software development, discussion, implementation and innovation (the "Purpose"). The The Artists Web Sites provide technology news, tools, products and education for the IT and developer community.
4. REGISTRATION OBLIGATIONS
When requested, each The Artists Web Site user must: (1) personally provide true, accurate, current and complete information on the The Artists Web Site's registration form (collectively, the "Registration Data") and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, The Artists Web has reasonable grounds to suspect that any user's information is untrue, inaccurate, not current or incomplete, The Artists Web may suspend or terminate that user's account and prohibit any and all current or future use of the The Artists Web Sites (or any portion thereof) by that user other than as expressly provided herein.
Each user will receive passwords and account designations upon completing certain The Artists Web Site registration processes and is wholly responsible for maintaining the confidentiality thereof and wholly liable for all activities occurring thereunder. The Artists Web cannot and will not be liable for any loss or damage arising from a user's failure to comply with this Section 4, including any loss or damage arising from any user's failure to: (1) immediately notify The Artists Web of any unauthorized use of his or her password or account or any other breach of security; and (2) 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. This means that the user, and not The Artists Web, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the The Artists Web Sites. No user shall transmit Content or otherwise conduct or participate in any activities on The Artists Web Sites that, in the judgment of The Artists Web, is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property.
The Artists Web reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, The Artists Web shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the Terms or be otherwise illegal. The Artists Web, 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 The Artists Web to protect the rights, property, or personal safety of The Artists Web Sites' users and the public. The Artists Web does not control the Content posted to the The Artists Web Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will The Artists Web 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 Artists Web Sites.
Each user, by using The Artists Web Sites, 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.
6. LICENSING AND OTHER TERMS APPLYING TO CONTENT POSTED ON THE The Artists Web SITES:
Use, reproduction, modification, and other intellectual property rights to data stored
With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("The Artists Web Public Content"), the submitting user retains ownership of such The Artists Web Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by The Artists Web.
7. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the The Artists Web Sites, use of the The Artists Web Sites, or access to the The Artists Web Sites.
The Artists Web may terminate a user's account in The Artists Web's absolute discretion and for any reason. The Artists Web is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an The Artists Web Site in a manner inconsistent with the Purpose; (4) a user's request for such termination; or (4) as required by law, regulation, court or governing agency order.
The Artists Web's termination of any user's access to any or all The Artists Web Sites may be effected without notice and, on such termination, The Artists Web may immediately deactivate or delete user's account and/or bar any further access to such files. The Artists Web 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. The Artists Web reserves the right to delete, or not delete, a user's account at The Artists Web's sole discretion, as well as to delete, or not delete, content at The Artists Web's sole discretion.
The Artists Web, any The Artists Web Site or a third party may provide links to other websites. The Artists Web 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. The Artists Web shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The The Artists Web Sites' Privacy Statement is applicable only when you are on an The Artists Web Site. Once you choose to link to another website, you should read that website's privacy statement before disclosing any personal information.
10. INDEMNITY; DISCLAIMER; LIMITATIONS OF LIABILITY
Each user shall indemnify, defend and hold harmless The Artists Web, and its parent corporation and affiliates and their respective officers, employees and agents, and each of The Artists Web's website partners, 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 the The Artists Web Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
EACH USER'S USE OF THE The Artists Web SITES IS AT HIS OR HER SOLE RISK. THE The Artists Web SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND The Artists Web 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. The Artists Web 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. SPECIFICALLY, The Artists Web MAKES NO WARRANTY THAT (i) THE The Artists Web SITES OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. EXCLUDING ONLY DAMAGES ARISING OUT OF The Artists Web'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, The Artists Web 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 The Artists Web HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER'S USE OR INABILITY TO USE ANY The Artists Web SITES OR SERVICES THEREON; 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 The Artists Web SITES; OR ANY OTHER MATTER RELATING TO THE The Artists Web SITES. IN NO EVENT SHALL The Artists Web'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 The Artists Web AND ANY USER OR OTHER PERSON OR ENTITY NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY. AS NOTED ABOVE, The Artists Web DOES NOT AND CANNOT CONTROL THE ACTIONS OF The Artists Web 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 Artists Web SITES. OPERATION OF The Artists Web SITES 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 BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY The Artists Web.