Definitions and Terms
Artcentron provides access and use of the site (“Site”) and service (“Service”) subject to the following terms and conditions (“Terms and Conditions”). The terms “we”, “us”, “our”, “Site,” and “Service” refers to Artcentron. The terms “you” ,“your”, “artist”, “contributor”, “writer” and “reader” refers to each individual user of the Site and, if you are acting on behalf of a third party, refers also to that third party. A “user” is someone who accesses, browses, or in any way uses the Site and Service. You understand and agree that this Terms and Conditions is a binding agreement “Agreement” between you and Artcentron. Please do not access or use the Site if you are unwilling to be bound by this Terms and Conditions (TAC).
Modification to the Terms and Conditions
We reserve the right, at our discretion, to modify or remove portions of these Terms and Conditions at any time without any liabilities to us, our affiliates or partners. Consequently, these Terms and Conditions should be reviewed periodically so that you are updated on any changes. Any revision of the Terms and Conditions will be effective immediately the new Terms and Conditions is posted, and will be binding on you. We will notify you by making the revised version available on this page, and we will specify the date the revisions were effected. We may also notify you by sending you an email using the last email address you provided us. If any of these rules or future modifications are unacceptable to you, please do not use or access the Site. Please note that your subsequent access and use of the Site and Service, now or after any posted modifications to the Terms and Conditions, signify your acceptance and agreement of the modifications.
Agreement Between You and Artcentron
Registration is not required in order to browse the Artcentron Site. However, the Site makes forums, message boards or similar available to its users. You will be required to register for these features, particularly if you wish to leave comments, submit, upload or display any Content on Artcentron. In most cases you will be required to submit personal information, including name and e-mail. It is pertinent that the information you supply during registration is yours, accurate and true. Do not misrepresent or impersonate someone else or provide an email address that is not yours or you have no authority to use. You understand that any misrepresentation or falsehood may lead to your suspension or termination, which will make it impossible for you to access our Site or use our Service. You understand and agree that you are solely liable for providing any false information or using Artcentron Site and Service for any illegal activities, including as a place to host unsolicited or unauthorized advertisement, graphics, solicit for funds, goods, services and any dubious or inappropriate Content. You understand and agree that you are responsible for whatever happens under your account, and that you will inform us of any illicit or unauthorized use of your account.
Artcentron is not Intended to be Used by Children
We encourage contributions from artists, readers, writers and art aficionados across the globe. Although we do not impose a standard on the quality of your contributions, we expect everyone to contribute their best materials or Content.
Artcentron is not intended to be used by children and children under 13 years should not register for accounts. We do not solicit or knowingly collect personally identifiable information from children under 13 years old. If you discover that a child under 13 has accessed our Site or provided personal information without parental consent or supervision, please contact us. When we receive the report that a child under 13 has accessed our Site or provided personal information without parental consent or supervision, we will make every effort to remove the information and any other Content submitted, emailed, contributed or generally transmitted to and through this Site and Service by a child. We will also terminate the child’s account.
To Use This Site, You Must be 13 Years or Older
Permission to Use the Artcentron Site
We grant you permission to use this Site subject to the restrictions in our Terms and Conditions. However, you understand that your use of the Site is at your own risk. When you access the Site or follow links to third-party websites, you may be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You understand that Artcentron does not guarantee the accuracy, integrity or quality of such Content. While Artcentron abhors offensive Content, under no circumstances will Artcentron be liable for any Content including but not limited to, any errors or omission in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, emailed, transmitted or otherwise made available on and through the Artcentron Site and Service.
Respect Other Users Content
It is important for you to respect Other Users Content. Other Users Content are Content contributed by Other Users of the Artcentron Site besides you. In your use of Artcentron Service, you understand and agree that besides Your Content, you will not or allow any third part to modify, create derivative work, sell, assign, and sublicense any Content on Artcentron Site or part of the Service that is not yours. You are solely responsible for damages, loses, and other claims from such conduct.
The Site may be modified, interrupted, suspended or discontinued at any time including the availability of any Service, features, database, or Content without notice and at Artcentron’s discretion. We may also impose limits or restrictions on part of or all of our Services without notice. You agree that Artcentron is not liable and will not be liable to you or any other for any modification, suspension, limitation, interruption, restriction or discontinuation of the Site and Service.
Comments and Dialogue
Be Civil and Respectful of Others Views
One of our core goals at Artcentron is to provide and disseminate news and information about art, design and cultural events happening around the globe daily. We also provide and encourage people around the world to openly talk about art and express their thoughts in the most objective manner. However, while this is an open forum aimed at lively and rigorous discussions about art and other Content contributed to our Site by You and Other Users, we expect everyone to be civil and respectful of other people’s opinion and preferences. While it is okay to disagree, we implore everyone to be courteous, respectful, and constructive in their comments and dialogue. We will not tolerate personal attacks, inappropriate or aggressive language that threatens, incites, harasses, stalks, defrauds, embarrasses or causes discomfort to others, or offensively targets a philosophy or religion. This could lead to your disqualification or termination from participating on the Site and using our Service.
Focus on the Issues
We implore everyone to focus on the Content and the issues being discussed and not the individuals. Please do not use the Artcentron Site in a manner that may create a conflict of interest, such as writing defamatory reviews, trading or soliciting reviews from other artists, critics, reviewers, gallery owners or other users, or compensating others to write favorable or derogatory reviews. Also, when writing your comments, it is important to be clear so as to avoid any confusion or misunderstanding. Always remember that this is a community for those who create and appreciate art, and not the place to settle personal arguments, scores or trade accusations. Therefore, refrain from offensive comments intended to insult or disparage individuals, groups, or genre of art work. Racial sensitive remarks and offensive comments based on gender or sexual preference will not be tolerated. If you think that you have been deliberately targeted and harassed, please let us know about it by sending us an email or postal mail.
Don’t be Disruptive
Please do not indulge in disruptive activities on the Site or while using the Service. Sending repetitive meaningless messages or spamming, for instance, is a very disruptive activity and serves no useful purpose. Do not use this Site as a platform for inordinate self-promotion or aggrandizement which also amounts to spamming. Furthermore, ensure that the Content you submit, email, contribute or generally transmit to and through the Site and Service, does not contain viruses or programs that might disrupt the activities of Artcentron or other computers.
Opportunity to Contribute Your Content
Be Cautious When You Contribute Your Content
You Assume All Risks and Liability Associated With Your Content
All Contents, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom the Content originated.When you contribute any Content to the Site, you assume all risks and liability associated with Your Content, including anyone’s reliance on its quality, accuracy or reliability. This means you and not Artcentron are entirely responsible for the Content you submit, email, contribute or generally transmit to and through the Artcentron Site and Service.
When you contribute Your Content, you are consenting to its display and publication on the Site and in the Service and for related online and off line promotional uses. Please ensure that Your Content does not contain materials that are defamatory, false, intentionally misleading, violate third party rights, infringe on others copy right, intellectual right, trademark, patent and unlawful. You may be exposing yourself to liability if you violate these Terms and Conditions.
Be aware thatif you contribute Content to this Site, any personally identifiable information you provide in Your Content may be seen, read, collated and used by anyone viewing them, including sending you meaningless and unsolicited messages. We are not responsible or liable for any personally identifiable information you may choose to make available through Your Content or consequences thereof. Please use utmost caution and discretion when posting Your Content. If you feel anyone is violating these Terms and Conditions or any of our other policies, please endeavor to contact us.
You May Not Be Able to Withdraw or Edit Your Content on Our Site.
When you submit, email, contribute or generally transmit Your Content to and through the Artcentron Site and Service, you continue to retain the copy right and intellectual property subject to the non-exclusive license granted to Artcentron under this Agreement. However, you understand that it may be impossible for you to edit or withdraw Your Content within Artcentron once they have been published. While we will strive to provide you with the opportunity to edit or withdraw Your Content, we cannot guarantee that Your Content may be removed or changed after they have been published.
We May Modify Your Content for Technical Reasons
Due to the technical processing and transmissions of the Service, you understand that Your Content may be modified, transformed and (i) transmitted across geographical location and over various networks unencrypted; and (ii) changed to conform and adapt to technical requirements or limitations of connecting networks, devices, services or media.
“Your Content” as Used in this Agreement
In this Agreement, the term “Your Content” refers to all materials and contributions you submit, upload, email, contribute or generally transmit to and through the Artcentron Site. They include but not limited to the following: comments, quick tips, recommendations, reviews, press releases, check-ins, rating, compliments, messages, message board posts, articles, friends, text, essays, biographical materials, artists names, public names (User names), group name(s), likeness(es), photographs, audio-visual materials, video, film, audio materials, music, sound, graphics, tags, location data, software, textual, liner notes, trademarks, trade names, software, computer generated images and any other material form of art, artworks, skins and images in any medium or format.
Acknowledgment and Agreement
When you submit, email, contribute or generally transmit Your Content to and through Artcentron, you acknowledge and agree:
Your Content Belongs to You
Any Content you contribute to Artcentron will always be yours, and we claim no rights or ownership over Your Content. You retain not just the copyright but any other rights you already hold in the Content you submit, upload, contribute or generally transmit to and through Artcentron, subject to the non-exclusive rights in the licenses granted to Artcentron under this Agreement.
Our Right to Use Your Content
Whenever you contribute, submit, upload, contribute or generally transmit Your Content either to or through Artcentron, you grant to Artcentron a worldwide, non-exclusive, perpetual, irrevocable, unlimited royalty-free right, license (with the right to sublicense and transfer Your Content to any other person(s) or company any right in Your Content, or any part of them to use on their own websites and other media) to use Your Content for any purpose and in any manner, format, medium or media now known, later developed or invented to further our present and future objectives.
Our Right to Use Your Content includes but not limited to the right to use Your name(s), group name(s), photograph and likeness (es), biographical materials and all others, including but not limited to, ideas and information contained therein. Additionally, Our Right to Use Your Content also grants Artcentron the right to transmit, retransmit, broadcast, publicly perform and publicly display, exhibit, publish, republish, produce derivative works of Your Content and distribute them through any form of electronic means (including analogue or digital), or publication posted in any manner, format, medium or media now known, later developed or invented to further our present and future objectives;
Additionally, you understand and agree to the following:
We Reserve the Right to Remove Your Content and Terminate Your Account
Artcentron in its sole discretion reserves the right to edit, remove or delete Your Content or any Content posted by you or Other Users especially if they are unlawful, aggressive, or offensive to others. We also reserve the right to immediately suspend, terminate or deactivate your account at any time, without prior notice and without liability to us, for any reason, including but not limited to (i) breaches or violation of Terms and Conditions or other Agreements and established guideline; (ii) infringing on intellectual property and posting of unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable Content; (iii) request by law enforcement or other government agencies; ( iv) unexpected technical or security issues or problem; (v) your engagement in fraudulent or illegal activities; (vi) discontinuance or modification to Artcentron Service (or any part thereof).
Reclamation of User Names
We also reserve the right to reclaim any username created by an Artcentron user on behalf of businesses or individuals that hold legal claim or trademark on that username. You understand and agree that all terminations, suspensions, limitation of access to your account shall be made based on Artcentron sole discretion and that Artcentron shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Artcentron Service.
Deactivating Your Account
You may request to deactivate your account at any time by contacting Artcentron. When your account is deactivated, it may become impossible for you to access any part of the Site or use our Service. However, Your Content, consisting of comments posted to Artcentron by other members, will remain as part of the Artcentron database and available to all users of Artcentron Site and Service following the termination of the Agreement.
Deactivation, Termination and Consequences of Suspension
The suspension, deactivation or termination of your account could prevent you from accessing part of or all of Artcentron Site and Service. Despite the suspension, deactivation or termination of your account, you will continue to retain ownership of Your Content subject to the non-exclusive right in the licenses granted to Artcentron under this Agreement. You are free to grant similar rights to others during and after this Agreement. You understand and agree that we are not obligated to provide you with copies of Your Content, consequently, we implore you to adequately back up and archive them. Please note that we do not guarantee any confidentiality as it relates to Your Content.
Rights and Licenses granted to Artcentron to Use Your Content Remains After Termination
The suspension, deactivation or termination of your account will not affect or terminate any rights and licenses granted to Artcentron to use Your Content and the sublicenses granted to third parties for the display of Your Content on electronics, other devices and media. You understand and agree that (i) the sublicenses grated to third parties for the display of Your Content shall survive any termination of these Terms and Conditions for such reasonable time as may be necessary to withdraw Your Content and the particular license; (ii) any use of Your Content pursuant to some terms already set out in these Terms and Conditions with respect to the making of so-called backup copies or caching of Artcentron Site or any equivalent activity or function for general Site maintenance and protection shall survive any termination of this Agreement; (iii) and, Your Content consisting of comments posted to Artcentron will remain as part of the Artcentron database and available to all users of Artcentron Site and Services following the termination of the Agreement.
Copyright and Intellectual Property Policy
Artcentron respects the intellectual right of others, and we take legitimate copyright infringement seriously. We reserve the right and discretion to disable, suspend or terminate the accounts of users who may be repeat infringers of copyright.
Copyright Notification Process
If you believe Your Content has been submitted, emailed, contributed or generally transmitted to and through Artcentron without due authorization, please contact us using this email address: firstname.lastname@example.org. Please include the following details in your correspondence:
1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or intellectual right that is allegedly infringed;
2. A detailed description of the copyrighted work or other intellectual property claimed to have been infringed;
3. Detailed information necessary to locate the work or material that you claim has been infringed on our Site;
4. Adequate information necessary for Artcentron to contact you promptly, such as address, telephone number and email address;
5. A statement that you have a good faith belief that the material is being used in illegal manner, without due authorization from the owner, its agent, or law;
6. A statement that the information in your notice is accurate, and under penalty of perjury, that you are the copyright or intellectual property owner or you have been authorized to act on behalf of the owner of the copyright or intellectual property owner .
Note: Before You Contact US
Be aware that if you intentionally misrepresent that a product or activity is infringing your copyright, you may be liable for any damages (including costs and attorneys’ fees). Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are not sure whether any Content available online infringes your copyright, we suggest that you first contact an attorney. You may also refer to 17 U.S.C 512 for more information and clarification on how to report copyright violations.
You agree that all of Artcentron’s publications, products, trademarks, service marks, logos, brand features, mascots, and services referenced herein or on the Site are the exclusive trademarks or service marks of Artcentron. Other products, trademarks, service marks and company names mentioned on the Site may be the trademarks of their respective owners such as advertisers, content partners, providers and third parties. You agree not to use Artcentron marks without Artcentron’s prior written permission, and you agree not to use any third-party marks without the third-party’s permission.
Your Relationship with Advertisers and Third Parties
You understand and agree that when you enter into a relationship or engage in any business dealings and transaction with any advertiser or third party, which involves payment and delivery of related goods, services and any other terms, conditions, warranties or representation, that such dealing is solely between you and such advertiser or third party involved. If there is a dispute between you, Other Users or any third party, you understand that Artcentron is under no obligation to get involved. Except the transaction was directly initiated by Artcentron, you understand and agree that you, and not Artcentron, are solely responsible and liable either directly or indirectly, for any damage or loss incurred during your dealings with such advertisers and third party. Artcentron, its parents, affiliates, directors, officers, managers, employers, agents and licensors shall not be liable in any way for any damages (actual and consequential) even if the advertisers or third party were sourced through our Site and Service.
Links to Other Sites
To provide the Service, Artcentron relies on third parties who may provide links to other sites. You understand and agree that Artcentron is not responsible for the availability of third party sites or Content. Please note that Artcentron has not endorsed and is not responsible for or liable for any Content, advertizing, products or other material provided by third-party sites. You understand and agree that Artcentron is not responsible or liable either directly or indirectly, for your use of such third party websites and consequences thereof.
Service and Content Are Protected by Copyright Laws.
Content refers to the totality of data, communication and other materials on the Artcentron Site.
You understand and agree that Content presented to you as part of the Artcentron Service or by advertisers, including those contained in information, contain preparatory and confidential information, and are protected by intellectual property rights, which are owned by the person(s) providing that Content to Artcentron or by other persons or companies on their behalf. They are also protected by copyright pursuant to U.S and international copyright, trademarks laws and other applicable laws. You may not modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly display, perform, or create derivative works based upon either the Site or its Content, including text, graphics, code and/software (either in whole or in part); use any meta tags or any other “hidden text” using the name or Trademarks of Artcentron, unless you have been expressly permitted by applicable laws or specifically authorized to do so by Artcentron or by the owners of that Content or the applicable licensor such as the advertiser, in a separate written agreement.
Mapping Services are Powered by Google
Feedback, Suggestions and Contributions
We welcome feedbacks, suggestions and contributions on ways to improve our Site or on other issues in connection with our Site and Service. Please ensure that when you are sending us any contributions, feedbacks or suggestions that they do not contain illicit or illegal materials. You acknowledge and agree that: (i) your feedbacks, contributions and suggestions do not contain confidential or proprietary information; (ii) Artcentron is under no obligation of confidentiality, express or implied, with respect to your feedbacks, contributions and suggestions; (iii) your feedbacks, contributions and suggestions automatically become the property of Artcentron without any obligation of Artcentron to you; (iv) Artcentron may have something similar to the feedback, contributions and suggestions already under construction or in development; (v) you grant Artcentron an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the feedback, suggestions, and contributions; (vi) you are not entitled to any compensation or reimbursement of any kind from Artcentron under any circumstances.
Content on Artcentron Site Are for Personal Use Only
Use of the Artcentron Site and Services
You understand that, except for information, products or services clearly identified as being supplied by Artcentron, we do not operate, control or endorse any information, products or services in any way. Except for Artcentron identified information, products or services, all information, products, and services offered through the Site and Services are offered by third-parties that are not affiliated with Artcentron.
You also understand that Artcentron cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infections or viruses, worms, Trojan horses or other codes that manifest contaminating or destructive properties. While we will do everything to prevent the introduction of viruses or other destructive materials to Artcentron, and whether or not Artcentron implements the aforementioned reasonable protection, Artcentron does not warrant that the Artcentron Site, any part thereof, or any information or other material accessible through the Artcentron is free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You understand that you are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. ARTCENTRON PROVIDES THE SITE, SERVICE AND RELATED INFORMATION “AS IS”, WITH ALL FAULT OR “AS AVAILABLE” BASIS. ARTCENTRON AND ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS MAKE NO OR ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE ARTCENTRON ASSOCIATES SHALL CREATE A REPRESENTATION OR WARRANTY.
IN THE CASE YOU ARE DISSATISFIED WITH THE SITE, RELATED SERVICES, OR HAVE ANY OTHER GRIEVANCE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE YOUR ACCOUNT AND DISCONTINUE YOUR ACCESS TO, OR USE OF THE SITE.
WITH REGARD TO THE ARTCENTRON SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, ARTCENTRON SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING, EITHER DIRECTLY OR INDIRECTLY, FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
ARTCENTRON AND ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS DO NOT WARRANT (i) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED; (iii) THAT THE INFORMATION OBTAINED FROM OR THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THAT THE QUALITY OF ANY PRODUCT, SERVICES OR OTHER MATERIALS OBTAINED OR BOUGHT THROUGH ARTCENTRON WILL BE PERFECT OR MEET YOUR EXPECTATIONS.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR OWN RISK. ARTCENTRON HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH CONTENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARTCENTRON OR THROUGH OR FROM THE ARTCENTRON SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TAC.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL ARTCENTRON, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE TO YOU OR ANY OTHER FOR (i) THE USE OF THIS SITE; (ii) THE SALE OR PURCHASE OF ARTWORKS; (iii) ANY PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE (EVEN IF ARTCENTRON OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES); OR (iv) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE; ( v) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; ( vi) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR CONTENT, IDENTITY, TRANSMISSSONS OR DATA; (vii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ARTCENTRON SITE; OR (viii) ANY OTHER MATTER RELATING TO THE CRITIXSPACE SITE AND SERVICES.
EXCLUSIONS AND LIMITATIONS
IN NO EVENT SHALL ARTCENTRON TOTAL LIABILITY TO YOU UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIS OF LIABILITY EXCEED $20 OR THE AMOUNT PAID BY YOU (IF ANY) TO ARTCENTRON PURSUANT TO THIS AGREEMENT IN THE LAST ONE YEAR OR IN CONNECTION WITH THE SERVICE. THE PARTIES AGREE THAT ARTCENTRON HAS ENTERD INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN YOU AND ARTCENTRON, AND FORM THE BASIS OF THE AGREEMENT BETWEEN THE PARTIES.
NO LIABILITY FOR THIRD PARTY USE
ARTCENTRON DISCLAIMS ALL RESPNSIBILITY AND LIABILITY FOR ANY THIRD –PARTY USE OF THE CONTENTS MADE AVAILABLE ON THE ARTCENTRON SITE BY YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU SHALL BE SOLEY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF YOUR CONTENT BY A THIRD-PARTY, AND NOT FROM ARTCENTRON. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS YOUR CONTENT FROM ARTCENTRON (WHEATHER OR NOT WITH ARTCENTRON PERMISSION), AND USES THOSE CONTENTS IN A WAY NOT AUTHORISED BY THE LICENSES GRANTED UNDER THIS AGREEMENT, YOU WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM ARTCENTRON, AND THAT YOU WILL NOT HOLD ARTCENTRON RESPNSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
Artcentron is Independent of Any Other Website
Artcentron makes no representations whatsoever about any other website which you may access through this Site or which may link to this Site. When you access a non-Artcentron Site, please understand that it is independent from Artcentron, and that we have no control over the Content on that website. In addition, a link to another website does not mean that Artcentron endorses or accepts any responsibility for the Content or the use of such website.
You agree to indemnify, reimburse, defend and hold harmless Artcentron and its parents, subsidiary, and affiliated entities, and its and their officers, directors, representatives, employees, agents, licensors, successors, designees, sublicenses, suppliers, assigns and any third-party information providers to the Service from any liability and against all losses, cause of action, claim or expenses, damages and costs, (including reasonable attorneys’ fees), resulting from the use of this Site, violation of any rights, violation of this TAC (including negligent or wrongful conduct including but not limited to those arising from Content you submit, email, contribute upload, transmit, modify or otherwise made available to and through the Artcentron Service) by you or any other person(s) accessing the Service. We reserve the right, at your expense, to take over exclusive defense and control of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with necessary cooperation as is reasonably requested by us.
You Are Solely Liable for the Violation of Third-Party Rights
You agree that you are solely responsible and liable for the violation of third-party rights, including without limitation, any trademark, copyright, property, intellectual property, patent, trade secret, right of privacy or publicity or moral rights of any third-party, arising from submission and/or use of Your Content as provided in this Agreement
Third Party Rights.
The provisions under (i) Use of the Artcentron Service, and (ii)Indemnification are for the benefit of Artcentron and its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
Modification of Artcentron Site and Services
Artcentron reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Artcentron Site and Service (or any part thereof ) with or without prior notification. You agree that Artcentron shall not be held liable to you or to any third party for any modification, suspension or discontinuance of the Artcentron Site and Service (or part of thereof).
Governing Law and Jurisdiction
With respect to any disputes regarding the Site and Service, your rights and obligation and all actions contemplated by these Terms and Conditions shall all be governed and construed in accordance with the laws of the State of Maryland, without regards to its or any other jurisdiction’s conflict-of -law principles, as if the Terms and Conditions were a contract wholly performed within the State of Maryland. You agree that the sole venue and jurisdiction for any or all claims, causes of action or disputes (regardless of theory) you may have arising from or relating to operation or use of the Site, arising out of or relating to the TAC, or relationship between you and Artcentron shall be heard and resolved in or within a court located in Baltimore, Maryland or the Eastern District of Maryland , and you and Artcentron both irrevocably agree to submit to the jurisdiction of such courts and to the venue in such courts.
Statute of Limitation
You understand and agree that regardless of statute or law to the contrary, any cause of action or claim you may have with respect to the Service or TAC must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Waiver and Severability of Terms
Artcentron’s failure to insist upon or enforce strict performance of any provision of this TAC shall not be construe as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this TAC. Artcentron may assign its rights and duties under this TAC to any party at any time without notice to you. Any rights not expressly granted herein are reserved.
In case any provision of the Terms and Conditions shall be unenforceable or invalid under any application of law or be so held by any applicable court decision, such application will not render these Terms and Conditions unenforceable or invalid as a whole. Artcentron reserves the right to amend and modify such provision with one that is valid and enforceable and which achieves, as much as possible, the original objective and intent as reflected in the original provision of the TAC.