Welcome to the Artspecifier website. User Term and Conditions Agreement ("Agreement") constitutes a legally binding contract between ARTSPECIFIER LLC of Massachusetts and you with respect to your use of the ArtSpecifier website, ArtSpecifier applications for mobile devices, and the Information and Services as defined below (collectively, the "Website").
It is important that you carefully read and understand the terms and conditions of this Agreement. By using the Website, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Website or any of the Information or Services. Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to you.
We reserve the right at any time, with or without cause, to:
Change the terms and conditions of this Agreement;
Change the Website, including eliminating or discontinuing any Information or Services or other feature of the Website; or
Deny or terminate your use of and/or access to the Website.
By becoming a Registered User of ArtSpecifier.com and by clicking the "Yes" or the "I Agree" option in the Terms and Condition box you are consenting to the following terms and conditions.
For purposes of this agreement, the "Website" means the website at www.artspecifier.com; "AS," refers to ArtSpecifier LLC, the owner of the Website.
Website Access. You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you become a registered user.
Accepting Terms and Conditions. By accessing and/or using any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
Member Account information and password. If you become a Member or a Registered User, or create an account on the AS Website, you will complete a registration form and most probably receive a password and account-type designation. You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all activities that occur under your password or account. As such, you agree to provide true, accurate, current and complete information about yourself on the registration form; maintain and update your information to keep it accurate, current and complete. You must immediately notify AS of any unauthorized use of your password or account or any other breach of security. You must exit/logout from your account at the end of each session. AS has the right to terminate any account for any reason at any time.
User Content. You must be over the age of 16 to post on this website without parental supervision. If you are under 16 and post content your parents or guardians must be willing to assume full responsibility. You may be able to post user-generated content on the Website, such as: blog posts or comments, photos, articles, essays, or other materials both written and visual. You may also be ale to generate Content on the Website such as albums. By posting Content on the Website, you represent that you own all intellectual and copyright property rights in Content you post, that you have the right to post it, and that no third party rights will be violated by such posting. By posting or creating such User Content you authorize us to use, copy, modify, distribute, and publicly display all such User Content for any purpose.
Website Content. You agree that the Website and all services and information provided on it are provided "As Is" and that AS assumes no responsibility for the accuracy, timeliness, or error of any user communication or content. You, and not AS, are entirely responsible for all material that you post, transmit, or otherwise make available through the Website. We do not always review or control the material that others post and transmit, However you acknowledge that AS shall have the right, in their sole discretion, and for any reason, to remove any material that is on this Website.
User Content. You are responsible for any User Content you post to the site. By "User Content" we mean any content you post to the site, which may include reviews, comments, image uploading, captions, participating in forums, curating or creating art collections and other such features that allow you to add content to the site. We are not responsible for the personally identifiable or other information you choose to submit as User Content and we reserve the right to remove any User Content generated by any user at our sole discretion. You understand that once you post User Content, your content becomes public. We are not responsible for keeping any User Content confidential so if you do not want anyone to read or see that content, do not submit or post it to the Artspecifier Site.
Links and affiliates. Some links on the Site will allow you to connect with Sites that are not under our control. We are providing these links as a convenience. The appearance of a link does not necessarily imply our endorsement, nor is AS responsible for the contents of any linked Site. You access them at your own risk.
Rules and Limits on and Modifications to the SiteWe reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Site, including, but not limited to, information, products, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content") and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of the Site or restrict your access to part, or all, of the Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.
Indemnification. You agree to indemnify and hold harmless AS and its affiliates, officers, agents, and employees from any claim or demand arising out of material you post, transmit, sell, or otherwise make available through use of the Website and related social media sites.
Intellectual Property. Except all content provided by artists under the Artist Terms & Conditions, AS owns the Website, and the copyright in the Website, including without limitation, in any User Content, other content, text, website graphics, and the arrangement and selection of images and artwork. Reproduction of any portion of the Website requires prior written permission from AS, and may require a licensing fee.
11. Copyright Infringement. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written 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 upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a 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; and (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.
Third Party Intellectual Property. AS respects the intellectual property rights of others. We will respond promptly to remove material that infringes another person's copyright or other intellectual property right. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)),
Contact our designated copyright representative if you suspect such abuse:
10 Nouvelle Way 621
Natick, MA 01760
Limitation of Liability. AS and its affiliates, officers, agents, and employees are not liable for any damages arising out of or relating to your interactions with and on the Website. Your sole remedy for dissatisfaction with the Website is to stop using the Website and the information it contains. If you do so you forfeit any current fees paid for membership. In addition, you forfeit any fees for webinars, courses, consulting services or products you may be enrolled in through AS
Duty of Care. AS will use reasonable efforts to control the security of the Website, but does not warrant that it will be able to protect content on this Website from infringement or piracy. AS shall have no liability for any negligence or lack of due care in failing to protect the security of the Website.
Governing law and jurisdiction. These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Massachusetts. You hereby consent and submit to the jurisdiction of the state and federal courts in the State of Massachusetts.
ArtSpecifier 2013 - All rights reserved
Artworks shown on this website are copyrighted by the artists unless otherwise noted and may not be reproduced without permission of the copyright holder.
As of: 12/16/13
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