Terms and Conditions

FOR ARTSROW.COM CAMPAIGN/CONTEST RULES, PLEASE VISIT HERE.

 

1. Introduction

Please read these website TERMS AND CONDITIONS (“AGREEMENT” OR “TERMS AND CONDITIONS”) carefully before using this Website (“Website” or “Artsrow.com”), mobile applications, and services offered by Artsrow.com and Arts Row and its subsidiaries (collectively, “Website”, “Arts Row” or “Artsrow.com”). This Agreement or Terms and Conditions sets forth the legally binding Terms and Conditions for your use of the Website at www.artsrow.com, the Website, mobile applications, and services provided by Artsrow.com (collectively, the “Services”). These Website Terms And Conditions (these “Terms and Conditions” or these “Website Terms And Conditions”) contained herein on this webpage, shall govern your use of this Website, including all pages within this Website (collectively referred to herein below as this “Website” or “Artsrow.com”). These Terms and Conditions apply in full force and effect your use of this Website and by using this Website, you expressly accept all Terms and Conditions contained herein in full. You must not use this Website if you have any objection to any of these Website Terms And Conditions.

By using the Services in any manner, including but not limited to visiting or browsing the Website, You (the “User” or “You”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all Users of the Services, including without limitation Users who are vendors, customers, merchants, contributors of content, information and other materials or Services on the Website.

This Website is not for use by children younger than age 13 (defined as those who are not at least 13 years of age), and you must not use this Website if you are under 13 years of age.

Effective May 5, 2015: the Terms and Conditions Agreement is between You and Artsrow.com, wherever you reside worldwide.

2. Arts Row is a Local Directory/Social Network Venue

Artsrow.com acts as a local directory and social network venue that allows Users who comply with Artsrow.com’s Terms and Policies to promote, market and showcase their original, created and handcrafted artworks and/or performed talents within our Website. As a result, Artsrow.com has no control over the quality, safety, morality or legality of any aspect of the artworks or talents listed, the truth or accuracy of the listings, the ability of Users to produce, provide or perform any and/or all of the artworks or talents the User claims to be able to produce/create/perform. Artsrow.com does not pre-screen Users, or the content or information provided by Users. Artsrow.com does its best, but does not ensure that a User who lists him/herself as an artist and/or lists text, photos or images of his/her artworks and/or talents will be able to accurately portray, produce, create or perform that which the User has listed.

3. Intellectual Property Rights

As a venue for artists and creators, Arts Row takes intellectual property rights very seriously. We comply with intellectual property laws and industry best practices in order to maintain the integrity of our creative platform. This Intellectual Property Policy explains Intellectual Property Rights, and how we address allegations of infringement.

Arts Row has adopted this intellectual property policy in accordance with industry best practices, general U.S. intellectual property laws, and the Digital Millennium Copyright Act.

Intellectual Property Ownership

The Intellectual Property uploaded or added to the Arts Row Website refers to an individual’s creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce. Both Industrial Property and Copyright are protected. These include, but are not limited to literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include those of performing artists in their performances, producers of phonograms in their recordings, and broadcasters in their radio, internet and television programs.

Intellectual Property Owned by Artsrow.com

Any and all content created by or for the Artsrow.com website (not including the Intellectual Property of its Users) including, but not limited to, icons, text, descriptions, images, buttons, logos, reviews, posts, and articles is the original copyright of Artsrow.com. Under the Terms and Conditions stated herein, Artsrow.com and/or its licensors own all rights to the material created by and for the Arts Row Website, and all such rights are reserved.

Intellectual Property For Promotional Purposes

By accessing the Arts Row Website and uploading or adding content the User agrees to grant the worldwide non-exclusive right to re-publish said content for the purposes of promoting the User, the User’s Intellectual Property or providing benefit to the web community and properties of Arts Row.

This license extends to the reasonable lifetime of any promotional tool. Artsrow.com does not engage in resale or seek to deprive Users (creators and artists) of income from potential licensing agreements with third parties.

Limited License

All Users (both artists and patrons) are granted a limited license only, subject to the restrictions provided in these Terms and Conditions, for purposes of viewing and interacting with the material contained on the Arts Row Website.

Copyright and Intellectual Property Infringement Policy

Artsrow.com uses the following policy to handle all types of intellectual property infringement in accordance with the above mentioned Digital Millennium Copyright Act and U.S. intellectual property laws in general. Artsrow.com responds to this type of notice from any country or jurisdiction. The designated agent for Artsrow.com can be reached via email at customersupport@artsrow.com.

Artsrow.com may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.

Notices of Intellectual Property Infringement

Arts Row is committed to responding as quickly as possible when a proper notice of intellectual property infringement is received. We may respond by removing or disabling access to the allegedly infringing material. When Arts Row removes or disables access in response to a notice, Arts Row makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. Arts Row may also provide a copy of the notice to the allegedly infringing party.

Intellectual Property Infringement Notice Procedure

Misrepresenting a product or activity as infringing your property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting Arts Row.com.

The Taking Down of Alleged Infringing Material

If a proper notice is received by Artsrow.com, items or other materials will be taken down pending a response from the User. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.

Artsrow.com can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. Artsrow.com will communicate to the affected Users after a takedown is executed.

Counter Notification

If Arts Row receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Arts Row of this action. Arts Row retains the right to send a copy of the counter notice to the original complaining party. Users whose content is removed have 3 business days to respond to the notice with a counter notice.

Re-listing items containing the Intellectual Property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the Artsrow.com Terms and may result in cancellation of the account.

Repeat Infringement

Arts Row maintains the right to terminate account privileges of members that are subject to repeat notices of Intellectual Property infringement in appropriate circumstances and at Arts Row’s discretion.

Artsrow.com encourages all persons/parties involved in Intellectual Property disputes to obtain the services of a legal professional. Artsrow.com does not offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many resources available to learn about the DMCA and Intellectual Property laws. Artsrow.com encourages all members to learn about and understand the laws regarding these issues.

A summary of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf

The U.S. federal copyright code can be found here: http://www.copyright.gov/title17/92chap5.html

The full text of the Lanham act can be found here: http://www.bitlaw.com/source/15usc/

More government-provided information on copyrights can be found here: http://www.copyright.gov

4. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;
  2. selling, sublicensing and/or otherwise commercializing any Website material;
  3. publicly performing and/or showing any Website material;
  4. using this Website in any way that is, or may be, damaging to this Website;
  5. using this Website in any way that impacts User access to this Website;
  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
  7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; certain areas of this Website are restricted from access by You and Artsrow.com may further restrict access by You to any areas of this Website, at any time, in its sole and absolute discretion. Any User ID and password You may have for this Website are confidential and You must maintain confidentiality of such information.

5. Your Content

In these Website Terms And Conditions, “Your Content” (content provided by “You” or the “User”) shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, You grant Artsrow.com a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

This license extends to the reasonable lifetime of any promotional tool. Artsrow.com does not seek to engage in resale or to deprive creators or artists of income from potential licensing agreements with third parties.

Your Content must be your own and must not be infringing on any third party’s rights. Artsrow.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

6. No Warranties

This Website is provided “as is,” with any and all faults, and Artsrow.com makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to You.

7. Limitation of Liability

In no event shall Artsrow.com, nor any of its officers, directors and/or employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort or otherwise, and Artsrow.com, including its officers, directors and/or employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

8. Indemnification

You hereby indemnify to the fullest extent Arts Row or Artsrow.com from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms and Conditions.

9. Severability

If any provision of these Terms and Conditions is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

10. Assignment

Artsrow.com shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms and Conditions without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms and Conditions.

11. Variation of Terms

Artsrow.com shall be permitted to revise these Terms and Conditions at any time as it sees fit, and by using this Website you are expected to review such Terms and Conditions on a regular basis to ensure you understand all Terms and Conditions governing the use of this Website.

12. Entire Agreement

These Terms and Conditions, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Artsrow.com and You the User in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

13. Governing Law & Jurisdiction

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, and You submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

 

Last updated on May 16, 2016