PLEASE READ THIS "TERMS
OF USE" AGREEMENT CAREFULLY BEFORE USING THESE SERVICES.
This Terms of Use
Agreement (the "Agreement") is made between artisticresource.com
a Louisiana corporation (the "Company," "we" or "us")
and you.
Your use of this web
site, including all web pages under the domain (collectively, the "Site")
and all information, data, text, software, information, images, sounds
or other materials (collectively, the "Content") contained therein,
confirms your acceptance of this Agreement and is subject to your continued
compliance with the terms and conditions of this Agreement.
If you are dissatisfied
with the Site, your sole and exclusive remedy is to stop using the Site.
We reserve the right
at any time to:
- Change the terms
and conditions of this Agreement;
- Enhance, add to,
modify or discontinue the Site, or any portion of the Site, at any time
in our sole discretion.
In the event of any
changes to this Agreement, they will be effective immediately upon notice,
which may be provided to you via email or by display on the Site (hereinafter,
"Notice"). Your use of the Site after such Notice will be deemed
acceptance of such changes.
The Site, in whole
or in part, may be enhanced, modified or discontinued at our sole discretion.
Any enhancements, additions or modifications to the Site will be subject
to this Agreement.
You must obtain access
to the Internet and pay any service fees associated with such access to
use the Site. In addition, you must provide all equipment necessary for
you to access the Internet.
1. YOUR INFORMATION AND YOUR
PRIVACY
If you provide information
to the Site, you agree to provide current, accurate and complete information
about you where requested and you agree to maintain and update such information
when necessary. Any changes to the privacy policy will be effective immediately
upon Notice. Your use of the Site after such Notice will be deemed acceptance
of such changes.
2. USER CONDUCT
You are responsible for any and all Content that you send to us.
You may not use the
Site or any information that you get from the Site to:
- interfere with
any other user's use of the Site;
- conduct any unlawful
activity;
- intentionally solicit
or harm minors in any way;
- misrepresent your
own identity or any affiliation that you may have;
- modify, adapt,
sub-license, translate, sell, reverse engineer, decompile or disassemble
any portion of the Site;
- alter or remove
any copyright, trademark or other proprietary rights notices;
- "frame",
"mirror" or "deep link" any part of the Site without
our prior written authorization; or
link to any page within the Site from any web site or web page
3. APPLICABLE LAW
The Company makes
no representation that the Site is appropriate or available for use outside
of the U.S. If you choose to access the Site from such other locations,
you do so at your own initiative and risk and are responsible for compliance
with local laws if, and to the extent that, such local laws are applicable.
We reserve the right, in our sole discretion, to limit the availability
of the Site to any person, entity or other at any time.
4. TERMINATION; MODIFICATION
At any time and for
any reason, we may terminate your use of and access to the Site. At any
time and for any reason, we may modify or discontinue providing the Site,
or any part thereof, with or without notice to you. No notice is required
to effect any termination right of any party. You shall not hold us responsible
or liable for any direct, indirect, incidental, special, consequential
or exemplary damages due to our modification or discontinuation of the
Site or our termination of your access to the Site.
5. OUR PROPRIETARY RIGHTS
The Site and software
used with the Site contain information that is protected by copyrights,
trademarks, trade secret laws, service marks, patents and/or other proprietary
rights and laws (collectively, "Intellectual Property Laws").
In addition, the Content contained within the Site in sponsor advertisements,
in information presented to you through the Site or in information presented
to you by advertisers is protected by Intellectual Property Laws. You
agree not to modify, rent, lease, loan, sell, distribute or create derivative
works based on the Site, in whole or in part, unless authorized by us,
in writing, to do so.
6. ERRORS
Although we attempt
to maintain the integrity of the Site, we make no guarantee as to the
accuracy or completeness of the Site. If you believe that you have discovered
an error in the Site, please contact us at info@artistic-resource.com
and include, if possible, a description of the error, its URL location
and your contact information. We will make reasonable efforts to address
your concerns.
7. DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITY
By using the Site,
you expressly agree that:
- The Site is provided
on an "as is" and "as available" basis. We disclaim
all warranties of any kind, whether express or implied.
- We do not make
any warranty that (i) the Site will meet your requirements; (ii) the
Site will be uninterrupted, timely, secure or error-free; (iii) the
results that may be obtained from the use of the Site will be accurate
or reliable; or (iv) any errors in the Site will be corrected.
- Your use of the
Site is at your sole risk. You are solely responsible for any damage
to you or to any third party caused, directly or indirectly, by any
material that you download or obtain through the Site.
- The Company must
approve any additional warranties in writing.
You agree not to hold artisticresource.com liable for any direct, indirect,
incidental, special, consequential or exemplary damages (including, for
example, damages for loss of profits, loss of goodwill, and loss of data),
even if we have been advised that such losses may occur, which result
from:
- your inability
to access your registration data at any time;
- your use or inability
to use the Site;
- unauthorized access
to or alteration of your transmissions or data; or the acts of any third
party related to the Site.
- Depending on the
applicable jurisdiction, some of the limitations contained in this Section
may not apply to you.
8. INDEMNIFICATION
You agree to indemnify,
defend and hold us, our officers, directors, employees, agents, designees
and representatives harmless from and against any and all claims, damages,
losses, costs (including reasonable attorneys' fees) or other expenses
that arise directly or indirectly out of:
- your acts or omissions
in connection with the Site;
- your breach of
any provision of this Agreement;
- any allegation
that any materials that you submit to us, transmit to the Site or transmit
through the Site infringe or otherwise violate the copyright, trademark,
trade secret or other intellectual property or other rights of any third
party; and/or
- your violation
of the rights of any third party.
If we make a claim for indemnification, you agree to seek and receive
written permission from us before agreeing to settle any claim or action.
9. OWNERSHIP AND RESTRICTIONS
ON USE
©2002 artisticresource.com,
All Rights Reserved. artisticresource.com owns and operates the Site.
You may not copy, reproduce, republish, upload, post, transmit or distribute
materials from the Site in any way without our prior written permission.
You may not modify any materials contained within the Site nor use any
materials for any other purpose. You acknowledge that you do not acquire
any ownership rights in any intellectual property through your use of
the Site.
Artisticresourcec.com
web site solely for the purpose of marketing and managing your artisticresource
business. Subject to the foregoing license, you may not make a temporary
or permanent copy of the Site or any Content, on any media or for any
purpose whatsoever. We do not transfer the title to any Content to you.
We retain all right, title and interest in all Content. You may not sell,
resell, decompile, reverse engineer, disassemble or otherwise translate
the any software portions of the Site to a human-readable form or otherwise.
You may not transfer any portion of the Site to any third party.
10. MISCELLANEOUS
The laws of the State
of Louisiana apply to this Agreement. Any dispute between you and us must
be brought before state and federal courts located in blank blank County,
Louisiana . If a court finds a portion of this Agreement unenforceable,
the rest of this Agreement will continue to apply. This is the entire
Agreement between you and us relating to the Site and this Agreement replaces
all prior written or oral agreements that may have existed between us.
You cannot transfer your rights or obligations under this Agreement to
anyone without our written permission. Our failure to enforce any provision
of this Agreement does not waive our right to enforce the same provision
in the future. The headings contained in this Agreement are for informational
purposes only, but are not, themselves, enforceable provisions of this
Agreement.
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