TERMS AND CONDITIONS
- BINDING EFFECT. This is a binding legal agreement. By using this website (the “Site”) or registering for an account, you agree to abide by these Terms and Conditions, as they may be amended by Artnerd Society, (“Artnerd Society”, “our”, “we”, “us”) from time-to-time.
By agreeing to these Terms and Conditions, you expressly agree to mandatory arbitration to resolve any legal claims against us and waive your right to pursue a jury trial or participate in a class action lawsuit filed against us. Learn more below in paragraph 24.
- AGE. The Site is intended only for users aged 18 or older. Individuals under the age of 18 are strictly prohibited from using the Site and the accounts for any such person shall be terminated upon discovery.
- USER LICENSE. Artnerd Society grants you a limited, non-exclusive, personal, non-transferable license to view the information found on the Site. You understand and agree you have no right to modify, edit, create derivative works from, distribute, sell, rent, share, or republish any information or user content on the Site without our express consent.
- DISCONTINUE AND TERMINATION. We reserve the right to suspend or discontinue this Site at any time for any reason without providing you notice. We further reserve the right to close your account or ban you as a user of the Site should we determine in our sole discretion that you are violating these Terms and Conditions or are interfering with the use of the site by other users. If you wish to terminate your account, please contact us using the Contact function on the Site. Regardless of the reason for termination or the party initiating the action, your content shall remain on the Site and available for viewing by other persons.
- RIGHT OF REJECTION. We reserve the right to refuse to show, edit, or delete any and all content submitted to the Site by any user in our sole discretion without being required to provide notice of such action or the reason for such action. For the purpose of this clause, content shall refer to any information, text, content, photos, videos, audios, graphics or other materials uploaded to the Site by a user.
- RELIANCE ON USER STATEMENTS. Statements and content represent the views of the person posting the statements or content and are in no way endorsed by Artnerd Society. By agreeing to these Terms and Conditions, you acknowledge and agree Artnerd Society is not responsible for any injury, loss or damage you incur by relying on information provided by other users.
- NON-COMMERCIAL USE BY USERS. You expressly agree to use the Site for non-commercial purposes unless first obtaining permission from us. The collection of user data or attempts to contact other users with commercial offers is strictly forbidden and constitutes grounds for termination of your account. If you wish to advertise on the Site or pursue a commercial communication with users, you must first contact us to obtain permission. “Commercial use” refers to any action directly or indirectly leading to a for-profit transaction.
- USER ANONYMITY AND LIABILITY. In uploading statements and content to the Site, you are solely responsible for the subject matter, claims and opinions expressed in the uploaded information. Under no circumstances should you assume information or content you upload is done in an anonymous manner. Parties can seek legal redress to force us to produce any and all personal information we have for you. We will comply with all court orders seeking such information.
- DISPUTES BETWEEN USERS. We may, but are not obligated to, monitor and investigate disputes between users and take any action we deem appropriate in our sole discretion. Every user is solely responsible for the content they post on the Site. You acknowledge and express agree that any dispute between you and another user is strictly between the two of you. You hereby waive any right to pursue Artnerd Society under Section 230 of the Communications Decency Act as well as other legal precedent as a defendant in any legal proceedings and agree to indemnify us against any such claims as detailed in these Terms and Conditions.
- USER SUGGESTIONS. All past, existing or future improvements, designs, copyright, processes, know-how or other intellectual property (“Intellectual Property”) in the Site are owned by or licensed by us, remain our property and you acknowledge that you have no right, title or interest in or claim to the Intellectual Property. You acknowledge that any improvements to the Intellectual Property discovered or suggested by you pursuant to your use of the Site is our property and you will advise us as soon as possible, assign any such improvements to us, and agree to take any reasonable steps we request to establish a record of the assignment of the Intellectual Property for up to five (5) years after your communication. We will have the sole right to apply for and obtain any copyright protection for such improvements.
- COMMUNICATION. When you contact us, sign up to receive a newsletter or register for an account wit the Site, you consent to receive communications from us electronically. You agree that any such communication via email shall constitute legal written communication in compliance with any and all legal notice requirements.
- USER CONTENT. By posting, uploading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site, you grant Artnerd Society, its affiliates, officers, directors, employees, consultants, agents, and representatives a worldwide, royalty-free, non-exclusive, perpetual (for the duration of the applicable copyright) license to use User Content in connection with your order, the Internet business of Artnerd Society, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. By posting User Content on the Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
- COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
- COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with particular information related to the claim. Please visit our DMCA Policy page to file a complaint by selecting the “DMCA” link at the bottom of the Site. Our DMCA Policy is expressly incorporated into these Terms and Conditions by reference.
- PROHIBITED USES. Artnerd Society imposes certain restrictions on your permissible use of the Site. You are prohibited from violating or attempting to violate any security features of the Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site , overloading, “flooding,” “spamming,” “mailbombing,” or “crashing;” (d) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Site; (e) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Artnerd Society; or (f) automatically or manually scraping or copying the content from the Site without our consent. Any violation may subject you to civil and/or criminal liability.
- INAPPROPRIATE CONTENT. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that:
(a) is libelous, defamatory, obscene, pornographic, abusive, or threatening;
(b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation;
(c) advertises or otherwise solicits funds or is a solicitation for goods or services without first contacting us as detailed in these Terms and Conditions.
(d) links to other accounts outside of the Site including, but not limited to, social media pages and personal websites, or
(e) is considered personal information of other users including, but not limited to, email addresses, phone numbers, physical addresses, instant messenger and quick chat names, and names.
- PROHIBITED CONTENT. As a member of the Site, you may post content to your profile and certain sections of the Site as well as contact other members via a forum. Content including, but not limited to, the following may not be posted to the Site or communicated to other members and will form the basis for the termination of your account. Whether a particular piece of content is considered prohibited content will be determined by Artnerd Society in its sole discretion.
- Email addresses,
- Last names,
- Telephone numbers,
- Street addresses,
- URLs of any kind other than in your profile,
- Links to social media sites,
- Personal events,
- Business events,
- Personal websites,
- Business websites,
- Trade information,
- Business information,
- Solicitations of passwords and/or usernames,
- Solicitations for personal information,
- Chain letters,
- Photographs of nudity,
- Photographs of children,
- Photographs of individuals without their consent,
- Promotion of any criminal activity.
- 19. PROHIBITED ACTIONS. Certain actions that shall be considered a breach of this Agreement and may result in the termination of a member account, a decision made in the sole discretion of Artnerd Society. Prohibited actions shall include, but not be limited to, the following actions:
- Harassing members,
- Harassing moderators,
- Bullying others,
- Threatening others,
- Stalking members,
- Spamming members,
- Promoting criminal activities,
- Promoting tortuous activities,
- Promoting obscene material,
- Promoting violent conduct,
- Drug dealing,
- Uploading viruses,
- Uploading malware,
- Uploading any invasive software,
- Uploading child pornography,
- Promoting crimes against children,
- Soliciting members for gambling,
- Advertising services without our consent,
- Advertising products without our consent,
- Promoting fraud,
- Promoting contests without our consent,
- Promoting pyramid schemes,
- Promoting false information, and
- Providing misleading information.
We reserve the right to investigate any such prohibited actions and report them to law enforcement in our sole discretion.
- ALLEGED VIOLATIONS. Artnerd Society reserves the right to terminate your use of the Site. To ensure that Artnerd Society provides a high quality experience for you and for other users of the Site, you agree that Artnerd Society or its representatives may access your account, records and user-generated content on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site. Artnerd Society may disclose any investigation to third parties in its discretion or under legal compulsion. Artnerd Society reserves the right to terminate your account or order immediately without liability to you, if we believe you violated any of the Terms and Conditions, furnished us with false or misleading information, or interfered with the use of the Site by others.
- NO WARRANTIES. ARTNERD SOCIETY HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTNERD SOCIETY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ARTNERD SOCIETY DOES NOT WARRANT THAT THE INFORMATION OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.
- LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, EMOTIONAL DISTRESS, BODILY INJURY, LOSS OF EARNINGS, MEDICAL BILLINGS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE PARTIES AGREE THE EXTENT OF ANY MONETARY AWARD SHALL BE LIMITED TO A MAXIMUM OF $500 SHOULD YOU BE DECLARED THE PREVAILING PARTY IN ANY LEGAL DISPUTE BETWEEN US.
- EXCLUSIONS AND LIMITATIONS. 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 OF SECTIONS 21 AND 22 MAY NOT APPLY TO YOU.
- ARBITRATION AGREEMENT. In agreeing to be bound by these Terms and Conditions, you agree that any and all legal claims or disputes arising between you and Artnerd Society shall be resolved exclusively through mandatory, final, binding arbitration. This agreement to arbitrate shall be governed by the Federal Arbitration Act.
(a) Waiver of Jury Trial and Class Actions – You and Artnerd Society agree to waive the right to a jury trial or to participate as a class member in a class action lawsuit or consolidated class action arbitration proceeding.
(b) OPT-OUT – IF YOU ARE A NEW REGISTERED USER OF THE SITE, YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT BY GIVING US NOTICE VIA THE CONTACT FUNCTION ON THE SITE WITHIN 30 DAYS OF JOINING THE SITE.
(c) Arbitrator – The parties agree the American Arbitration Association (“AAA”) shall conduct any arbitration involving a legal claim or dispute between them under its consumer rules as modified by these Terms and Conditions. You may view these rules at www.adr.org.
(d) Law and Location – The parties agree these Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to rules regarding conflicts of law. The place of arbitration shall be New York City, New York, United States.
(e) Notice – A party who intends to seek arbitration must first send to the other a Notice of Dispute (“Notice”). Your notice should include the following information:
- Your name,
- Your email and phone number,
- Your physical mailing address,
- The nature of the dispute with us,
- Any supporting documentation, and
- The relief you are seeking.
Notice should be sent to us via the Contact function on the Site. We will review the Notice within 30 days. If 30 days passes from the date of receipt without resolution, either party may move forward with arbitration.
(f) Attorney’s Fees – The parties agree they shall be responsible for their own attorneys’ fees and shall equally share the cost of arbitration.
(g) Alternative Forum – Should a court of competent jurisdiction or arbitrator rule this arbitration clause invalid, the parties agree these Terms and Conditions shall be construed in accordance with and governed by the laws of the United States and the State of New York, without reference to rules regarding conflicts of law and you hereby irrevocably consent as a choice of forum to the state and federal courts, as appropriate, in New York City, New York, in all disputes arising out of or related to the use of the Site.
- AFFILIATED SITES. Artnerd Society has no control over, and assumes no liability for any third party websites or materials. Artnerd Society works with a number of partners and affiliates whose Internet sites may be linked within the Site. Because Artnerd Society has no control over the content and performance of these partner and affiliate sites, Artnerd Society makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Artnerd Society assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) owned by third parties. You acknowledge and agree that Artnerd Society makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and, unless expressly provided otherwise, these Terms and Conditions shall govern your use of any and all third party content.
- INDEMNITY. You agree to indemnify, defend, and hold harmless Artnerd Society, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Artnerd Society will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- COPYRIGHT. All contents, excluding user generated content, are: Copyright © 2016 Artnerd Society. All rights reserved.
- SEVERABILITY; WAIVER. If a court of competent jurisdiction finds any language or clause in these Terms and Conditions to be unenforceable, all other Terms and Conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
- NO LICENSE. Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Artnerd Society or by any third party.
30. AMENDMENTS. Artnerd Society may amend these Terms and Conditions. If such an amendment occurs, we will post a notice on the Site and forward notice to you by email should we have an email address for you. All amendments shall become binding 30 days following the notice being posted to the Site. Should you not agree with an amendment, you may stop using the Site and terminate your account by contac