...
Wednesday 20th November 2024,

TERMS AND CONDITIONS

Terms and Conditions

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).

By using this Site and Service, you are acknowledging that you have read, understand, and agree, without limitation or qualification, to abide, comply and be bound by these Terms and Conditions and our Privacy Policy. You agree that you are solely responsible for any breach of your obligation under these Terms and Conditions and for the consequences (including any loss or damage which Artcentron may suffer) of any such breach.  If you have contributed Content to Artcentron, you understand that you are solely responsible and liable for Your Content and any consequences thereof. If you do not agree to these Terms and Conditions, or our Privacy Policy, please do not access or use this Site or Service.Privacy Policy. You agree that you are solely responsible for any breach of your obligation under these Terms and Conditions and for the consequences (including any loss or damage which Artcentron may suffer) of any such breach.  If you have contributed Content to Artcentron, you understand that you are solely responsible and liable for Your Content and any consequences thereof. If you do not agree to these Terms and Conditions, or our Privacy Policy, please do not access or use this Site or Service.

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

These Terms and Conditions are in addition to the Privacy Policy and any other terms applicable to Artcentron. They constitute the entire Agreement between you and Artcentron and governs your use of the Service, superseding any prior agreement between you and Artcentron (including, but not limited to, any prior versions of the Terms and Conditions). You agree to be bound by the Terms and Conditions, Privacy Policy and other terms which applies to all current and future features that may be added to the existing Service. We do not make any representations about third-party websites that may be linked to the Artcentron Site and Service.

Registration Information

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’s Privacy Policy

Registration Data and certain information about you are subject to our applicable Privacy Policy. Please review the Artcentron Privacy Policy, which explains how Artcentron handles personally identifiable information, non- personally identifiable information and any other information we collect and receive so you may understand our Privacy Practice.  You understand that by accessing our Site or using our Service, you are consenting to the collection, storing, retention, using and disclosure of these information as set forth in the applicable Privacy Policy. You also understand and consent to the transfer of these information to the United States and/or other countries for storage, processing and use by Artcentron and its affiliates.

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

You have to be 13 years or older, or lawfully permitted to enter into and form contracts under applicable law to use this Site.  If you are 13 years old, you may use Artcentron’s Site and Service only under the supervision of a parent or legal guardian who agrees to be bound by this Terms and Conditions, our Privacy Policy and other terms applicable to Artcentron. This Site is for personal use only and not transferable.

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.

Site Availability

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.

When you access this Site, you acknowledge and agree that, you will not indulge in or collaborate with others to disrupt Artcentron activities, violate our Privacy Policy, Terms and Conditions or use this Service for any objectionable and illegal activities. You also agree:

  • Not to engage in any destructive activity that interferes with or disrupts the Site and Service, including transmitting any computer viruses, worms, defects, Trojan horses or using any device, software or routine that interferes with the proper working of the Service;
  • Not to access, tamper with, or use non-public areas of the Service, Artcentron’s computer systems, or attempt to gain unauthorized access to the technical delivery systems of Artcentron’s providers, User Accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
  • Not to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use of or copying of the Service, Content or features that enforce limitations on the use of the Service;
  • Not to modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with this Service or use the Service to send altered, deceptive or false source-identifying information;
  • Not to dump on the Artcentron Service, Artcentron’s technology infrastructure, or use the Service to submit or transmit spam, meaningless, unreasonable or disproportionately large load such as chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
  • Not to use the Service for keyword spamming, attempt to manipulate natural search results or engage in activities that will give you advantage over Other Users or negatively affect Other Users ability to access the Site and use the Service in real time.

Opportunity to Contribute Your Content

Be Cautious When You Contribute Your Content

We encourage artists, “contributors”, “writers”, “critics”, “curators”, “readers” and many others from any part of the world to submit and contribute their original creations and Content (Your Content). We will accept and post most of what is submitted and contributed provided they meet our Privacy Policy, Terms and Conditions, copy right policy and other applicable terms. However, while we do not impose quality standard on submissions, if we think that Your Content is inappropriate or does not meet the standard we set for ourselves, we reserve the right to reject such Content. Content that are sexually explicit, pornographic, vulgar, obscene, hateful, offensive, as well as harmful to minors will be rejected. You may also be exposing yourself to liability when you post inappropriate Content.  It is pertinent for every user to be cautious of what they contribute or post.

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:

  • That you are the owner of such Content or that you have been licensed and authorized to share, reuse, remix and post them. It is pertinent to remember that whenever you use materials by others in your work to get the necessary permission or licensing right before posting them online. Works without adequate or proper permission from the original authors will not be accepted or removed as soon as they come to our attention;
  • That you will not assist or collaborate with others to use the Service for any illegal or unauthorized purpose, including submitting, uploading, or contributing any Content that will harm and threaten minors in any way or use this Service to solicit personal information from minors;
  • That you will not submit, email, upload, contribute or generally transmit to and through Artcentron any Content that is illegal, violate any ordinance or statute, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic, obscene, libelous , invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable;
  • That Your Content (and Artcentron use of them under this Agreement) does not and will not violate or infringe on the intellectual property or publicity right of any person or third-party, including any trademarks, copyright, patent, trade secret, proprietary right, privacy, publicity or moral rights of any third-party. Please note that submitting Content you do not have the right to may subject you to liability. Artcentron is not responsible or liable for any use of Your Content in accordance with these Terms and Conditions;
  • That you are solely responsible and liable for any Content that you submit, upload, contribute, modify or generally transmit to and through the Site and Service, and that Artcentron as an entity and its founders as individuals, staff and affiliates accept no responsibility for neither Your Content nor liability thereof;
  • That you have obtained all the necessary permission, authority (including from owners of elements contained in Your Content) and the full right and power necessary to enter and perform this Agreement, and to grant Artcentron all the rights granted herein to use the Content you submit, upload, contribute or generally transmit to and through Artcentron, as specified in this Agreement, including without limitation, licenses grant herein;
  • That you will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Content (other than Your Content), except as expressly authorized by Artcentron or owners of the Content or authorized representatives;
  • That you will not through any means, including the use of any technology or software such as robot, spider, service search/retrieval application, or other automated device and process attempt to access or derive any source code, underlying ideas or algorithms of any part of Artcentron, record and process. You also understand and agree not use any means, automated or otherwise, to retrieve, scrape, index the Service, any Service Content on the Site or mine information about Other Users, including Users Names and account. Additionally, you agree not to use any means, technology or software to remove, circumvent , disable, damage or modify any copyright, trademarks, security-related features of other proprietary right notice on the Service or on any Content meant to prevent or restrict the copying and use of Content printed or copied from or off the Site and Service;
  • That we have the right to revoke your access and use of the Content on the Artcentron Site at any time for any reason in Artcentron sole discretion, without prior notice to you.
  • That you will not in any way suggest that Your Content is in anyway sponsored or endorsed by Artcentron;
  • That all the information you have provided is true.

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:

  • That Artcentron has been granted the right to include Your Content in our RSS Feeds. APIs and made available for republishing through other formats and media;
  • That Artcentron has been granted the right to edit, encode in whole or in part, reproduce, cache, stream, except, index, scan, copy, tag, thumbnail, digitize, digitalize, remove, modify, manipulate, change or otherwise alter Your Content, including changing the size and other forms of editing in order to conform, transmit, distribute and adapt Your Content to any requirement or limitation of any computer, network, device (digital or analogue), service or media now known, later developed or invented to further our present and future objectives. That you will not hold Artcentron, staff, partners, associates and affiliates responsible or liable for altering Your Content even if you are dissatisfied with the alteration and editing;
  • That Artcentron and its licensees may publicly display advertisements, information and other Content with and around Your Content. And that you are not entitled to any compensation for such advertisements. You understand and agree that the manner, mode and extent of such advertising are subject to change without specific notice to you or liability to us;
  • That you are not entitled to or have any right, title, or interest in any other materials with which Your Content may be incorporated and compensation thereof;
  • That Artcentron, related Sites and affiliates have the right to use all or any part of Your Content including name(s), group name, photograph, and/or likeness(es) and biographical materials of any other person(s) inherent in Your Content for any purpose, including in connection with the distribution, exploitation, promotion, marketing and advertizing of the Artcentron Site(s) and Service as described in this Agreement;
  • That you or any person(s) other than you, whose name(s), photograph, likeness(es), or image appear recognizable or otherwise in Your Content shall have no recourse against Artcentron for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Artcentron nor assert any privacy, publicity, moral or similar rights under the law of the United States and any other country in connection with exploitation of Your Content as described under this Agreement;
  • That we reserve the right to correct any errors or omission in the Service;
  • That Artcentron is not liable for any unauthorized use of Your Content by users of the Site and Service;
  • That we reserve the right at any time to charge fees to view part of or to generally access the Artcentron Site or use our Service. We will notify you in advance by posting the new fees prominently on this Site and other places on the Service. We may also notify you about the charges and the date it takes effect by sending you an e-mail using the last email address you provided us. You will be given the opportunity to opt in or reject the offer. You will not be charged any fees except you agree to it.

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: artcentron@gmail.com. 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.
TRADEMARKS INFORMATION.

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

To help us understand the spread of our audience, we have incorporated a map on our Site. Some of the Service’s mapping features are powered by Google Inc., the use of which is also governed by the terms of use located at http://maps.google.com/help/terms_maps.html (or such other URL as may be updated by Google Inc.).

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

The Content on the Artcentron Site and Service are intended for your personal use only, provided that you maintain all copyright and abide by our Privacy Policy and Terms and Conditions.  Downloading Site Content for commercial use or for use on personal website is prohibited without authorization or prior written permission from Artcentron or copyright holder identified on the Content. You agree not to reproduce, transmit, duplicate, copy, publish, distribute, modify, create new works, sell, trade, resell or in any other ways exploit for any commercial purpose (in part or in whole) any portion including Content, advertisement, and software  available via the Artcentron Site and  Services.

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.

NO WARRANTY

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.

Indemnification.

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).

5. Termination.

This Agreement may be terminated by either party without notice at any time for any reason. All the provisions under sections (i) Trademarks Information, (ii) Opportunity to Contribute Your Content; (iii)Our Right to Use Your Content; (iv) Use of the Artcentron Site and Service; (v) Indemnification, (vi) No Warranty, (vii) No Liability for Third Party Use; (viii) Limitation of Liability; (ix) Third Party Rights and (x) Miscellaneous shall survive any termination of this TAC. Also, please review our Privacy Policy and TAC for information about what we do with your personal information after you have terminated your account.

 Miscellaneous

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.

General

  • The section titles in the Terms and Conditions and Privacy Policy are for convenience only and have no legal or contractual effect;
  • Content contributed by users of the Artcentron Site do not reflect the opinion of Artcentron;
  • Unless otherwise agreed between you and Artcentron, the license granted to Artcentron under this agreement is royalty-free.
  • When there is a dispute arising from (i) copy right especially if you find your work posted on the Site without due authorization or (ii) this Agreement, the first good step is to contact us. We may intervene and you agree in good faith to make effort to find an amicable way to resolve the issues. If, however, that does not work, you may seek arbitration. The parties involved understand, agree and hereby waive any rights they may have to trials by jury or to participate in a class action with respect to all arbitral claims.

AD

follow us in feedly

MUST READ