Terms of Service
Last modified: October 25rd, 2010
The following terms and conditions govern all use of the ArtSpotter Ltd ("Art Spotter") website and all of the Art Spotter products, services and websites ("Services"). The Services are owned and operated by Art Spotter. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Art Spotter (collectively, the "Agreement").
Please read this Agreement carefully before accessing or using the Services. By accessing or using any part of the Services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Services. If these terms and conditions are considered an offer by Art Spotter, acceptance is expressly limited to these terms.
- Your Account. You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. You must not use your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Art Spotter may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Art Spotter liability. You must immediately notify Art Spotter of any unauthorized uses of your account or any other breaches of security. Art Spotter will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libelous or defamatory (more info on what that means), hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Art Spotter or otherwise.
- By submitting Content to Art Spotter for inclusion on the Services, you grant Art Spotter a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting the Services. If you delete Content, Art Spotter will use reasonable efforts to remove it from the Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Without limiting any of those representations or warranties, Art Spotter has the right (though not the obligation) to, in Art Spotter's sole discretion (i) refuse or remove any content that, in Art Spotter's reasonable opinion, violates any Art Spotter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Services to any individual or entity for any reason, in Art Spotter's sole discretion. Art Spotter will have no obligation to provide a refund of any amounts previously paid.
- Fees and Payment. Optional paid services are available as part of the Services. By selecting such service you agree to pay Art Spotter the monthly, quarterly or annual subscription fees indicated for that service. Payments will be charged on the day you sign up for a paid service and will cover the use of that service for a period as indicated. Paid service fees are not refundable. Art Spotter reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on 30 days written notice to Art Spotter.
- Support. Services include access to email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Art Spotter to respond within five business days) concerning the use of the Services. All Services support will be provided in accordance with Art Spotter standard Services practices, procedures and policies.
- Responsibility of Services Visitors. Art Spotter has not reviewed, and cannot review, all of the material, including computer software, posted to the Services, and cannot therefore be responsible for that material's content, use or effects. By operating the Services, Art Spotter does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Art Spotter disclaims any responsibility for any harm resulting from the use by visitors of the Services, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Art Spotter links, and that link to Art Spotter. Art Spotter does not have any control over those non-Art Spotter websites and webpages, and is not responsible for their contents or their use. By linking to a non-Art Spotter website or webpage, Art Spotter does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Art Spotter disclaims any responsibility for any harm resulting from your use of non-Art Spotter websites and webpages.
- Copyright Infringement. As Art Spotter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Art Spotter violates your copyright, you are encouraged to notify Art Spotter. Art Spotter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Art Spotter or others, Art Spotter may, in its discretion, terminate or deny access to and use of the Services. In the case of such termination, Art Spotter will have no obligation to provide a refund of any amounts previously paid to Art Spotter.
- Intellectual Property. This Agreement does not transfer from Art Spotter to you any Art Spotter or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Art Spotter. Other trademarks, service marks, graphics and logos used in connection with the Services may be the trademarks of other third parties. Your use of the Services grants you no right or license to reproduce or otherwise use any Art Spotter or third-party trademarks.
- Changes. Art Spotter reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Each version of this Terms of Services will be identified at the top of the page by its effective date. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. Art Spotter may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Art Spotter may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account (if you have one), you may simply discontinue using the Services. Notwithstanding the foregoing, if you have a Art Spotter account, such account can only be terminated by Art Spotter if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Art Spotter's notice to you thereof; provided that, Art Spotter can terminate the Services immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Services are provided "as is". Art Spotter and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Art Spotter nor its suppliers and licensors, makes any warranty that the Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Services at your own discretion and risk.
- Limitation of Liability. In no event will Art Spotter, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damagaes; (ii) the cost of procurement or substitute products or services; (iii) for interpution of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to Art Spotter under this agreement during the quarterly, or annual period prior to the date the cause of the action accrues. Art Spotter shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Art Spotter, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Services, including but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Art Spotter and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Art Spotter, or by the posting by Art Spotter of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Services will be governed by the laws of England & Wales, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be courts located in London, United Kingdom.
- The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Art Spotter may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
These terms are licensed under Creative Commons Share-Alike 2.5. This means that you are free to use and edit them for your own purposes, even commercially, provided you release your new versions under the same license.