Terms of Service
These General Terms of Service apply to all users of the ARTSRISING website (“Website”), and address user conduct and the rights and responsibilities associated with use of the Website.
1. Acceptance of Terms; Changes
3. Modifications to Service
ARTSRISING reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, this Website or some or all of the services offered through this Website, with or without notice to you. You agree that ARTSRISING shall not be liable to you or to any third party for any modifications, suspension, discontinuation or termination of this Website or some or all of the services offered through it.
The content of this Website, such as articles, text, graphics, images, links, and other material contained on this site, as well as any support materials (e.g., newsletters and books) (collectively, “Content”) are for informational purposes only.
5. Third Party Sites
This Website provides links to other websites on the Internet. ARTSRISING makes no representations whatsoever about these other websites. Other websites linked to this Website may contain information or material that some people may find inappropriate or offensive. The provision of links to other websites on the Internet should not imply ARTSRISING’s endorsement of any such websites by ARTSRISING or any association with these other sites’ operators. These websites are not under the control of ARTSRISING, and you acknowledge that ARTSRISING, its subsidiaries, its affiliates, and its licensors are not responsible for the accuracy, legality, decency, copyright compliance, or any other content of such sites. You also acknowledge that ARTSRISING, its subsidiaries, its affiliates, and its licensors 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 the content, goods or services available on or through any websites linked to this Website.
6. Submissions Posted to the Website<.h4>
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material, whether publicly posted or privately transmitted, via forums on this Website or otherwise (collectively, the “Submissions”), are the sole responsibility of the person from whom such Submissions originated. This means that you and not ARTSRISING are entirely responsible for all Submissions that you upload, post, email or otherwise transmit via this Website. You understand that by using this Website and accessing these postings, you may be exposed to Submissions that are offensive, indecent or objectionable. Under no circumstances will ARTSRISING, its subsidiaries, its affiliates, or its licensors be liable in any way for any Submissions including, but not limited to, any error or omissions in any Submissions, or for any loss or damage of any kind incurred as a result of the use of any Submissions posted, emailed or otherwise transmitted via this Website. You agree that you must evaluate, and bear all risks associated with, the use of any Submissions, including any reliance on the accuracy, completeness, or usefulness of such Submissions.
You represent and agree that Submissions you elect to post to the Website are not confidential or proprietary, and – for the purposes of marketing and promoting the Website and other ARTSRISING products and services or for any other purpose – you grant ARTSRISING the world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Submissions (in whole or in part), in any form, media, or technology now known or later developed.
You acknowledge and agree that ARTSRISING may preserve Submissions and may also disclose Submissions if required to do so by law or in good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the General Terms of Service; (c) respond to claims that any Submissions violate the rights of third parties; or (d) protect the rights, property, or personal safety of ARTSRISING, its users and the public.
7. Proprietary Rights
You acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. You agree that as between you and ARTSRISING, ARTSRISING is the owner of all such Content and materials. ARTSRISING agrees that as between ARTSRISING and you, you are the owner of your Submissions. You may not reproduce, distribute, republish or retransmit any Content or materials posted by third parties at this Website without the prior written permission of ARTSRISING. Except as expressly authorized by ARTSRISING, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such Content or third party materials. Notwithstanding the above, you may print or download one copy of the materials or Content on this Website on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other Content from this Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from ARTSRISING is prohibited.
8. Visitor Conduct
You agree to not use this Website to:
a.) upload, post, email or otherwise transmit any Submissions that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b.) harm minors in any way;
c.) impersonate any person or entity, including but not limited to, a ARTSRISING official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d.) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions transmitted through this Website;
e.) upload, post, email or otherwise transmit any Submissions that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f.) upload, post, email or otherwise transmit any Submissions that infringe any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
g.) upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
h.) upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation except in those areas of this Website that are designated for such purposes;
i.) post, email or otherwise transmit any content of a commercial nature;
j.) send unsolicited communications to other users of this Website (provided, however, that in the event a user chooses to make his or her personal contact details available to other users, such user acknowledges that such other users may send him or her communications);
k.) disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Website are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
l.) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to this Website;
m.) stalk or otherwise harass another; or
n.) collect or store personal data about other users.
9. Disclaimer of Warranties
ALL CONTENT INCLUDING, WITHOUT LIMITATION, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE, IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ARTSRISING, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS COMPLETE, ACCURATE, RELIABLE OR CORRECT; THAT THIS WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR RISK. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS WEBSITE IS DONE AT YOUR OWN DIRECTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL ARTSRISING, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ARTSRISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES)) THAT RESULT FROM: (i) THE USE OF, OR INABILITY TO USE, THIS WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATERIAL RELATING TO THE WEBSITE. ARTSRISING, ITS SUBSIDIARIES, ITS AFFILIATES OR ITS LICENSORS BE LIABLE ONLY TO THE EXTENT OF ACTUAL DAMAGES INCURRED BY YOU, NOT TO EXCEED $100. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARTSRISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES ARTSRISING’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11. Representations and Warranties.
You represent, warrant and covenant that: (a) you or your parent or legal guardian have the power and authority to enter agree to these General Terms of Service; (b) you shall not use any rights granted hereunder for any unlawful purpose; and (c) you shall use this Website only as set forth in these General Terms of Service.
You agree to indemnify and hold ARTSRISING and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party that arise from your use or misuse of this Website. ARTSRISING reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with ARTSRISING in asserting any available defenses.
13. International Use
ARTSRISING makes no representation that materials or Content on this Website are appropriate or available for use in locations outside the United States, and accessing them from territories where the Contents or materials are illegal is prohibited. If you access this Website from other locations you do so on your own initiative and you are responsible for compliance with local laws. You agree to comply will all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
14. Copyright Policy
ARTSRISING respects the intellectual property rights of others and expects visitors to this Website to do the same. ARTSRISING will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
ARTSRISING reserves the right to remove content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, ARTSRISING will also terminate a user’s account if the user is determined to be a repeat infringer. ARTSRISING ’s designated copyright agent for notice of alleged copyright infringement appearing on the Website is available upon request.
15. Choice of Law and Forum
These General Terms of Service shall be governed by and construed in accordance with the laws of the State of Pennsylvania, excluding its conflicts of law rules. You agree that any dispute arising out of or in connection with these General Terms of Service or your use of this Website shall be fully and finally settled by arbitration, before one arbitrator, in accordance with the most current American Arbitration Association Commercial Dispute Resolution rules. Such arbitration shall be conducted within the Philadelphia, Pennsylvania. The prevailing party in any such arbitration shall be awarded its attorneys’ fees and all costs associated with such arbitration. Either party may enter any arbitration award in any court having jurisdiction or may make application to any such court for a judicial acceptance of the award and order of enforcement, as the case may be. Each party understands and agrees that any infringement of ARTSRISING’s intellectual property rights or other use of ARTSRISING information or materials in violation of any provision of this Agreement will cause ARTSRISING irreparable harm without an adequate legal remedy. Notwithstanding the above, ARTSRISING will, therefore, be entitled to seek injunctive relief from any court having jurisdiction. You submit to the exclusive jurisdiction of the federal and state courts located in the State of Pennsylvania for this purpose.
16. Severability and Integration
This General Terms of Service constitute the entire agreement between you and ARTSRISING with respect to this Website and supersedes all prior or contemporaneous communications and proposals, whether oral, written, or electronic, between you and ARTSRISING with respect to this Website. If any part of these General Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. You may not assign any of the provisions of these General Terms of Service to any third party without the prior written consent of ARTSRISING. These General Terms of Services shall inure to the benefit of the parties and their respective successors and permitted assigns.
ARTSRISING reserves the right, in its sole discretion, to terminate your access to all or part of this Website, with or without notice.