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Artphile Terms and Conditions
Your right to access and use the contents of this website is subject to these
terms of use and all applicable laws. If you do not or are not willing to abide
by applicable law or these terms of use, you should (i) immediately exit this
website, (ii) delete any copies of this website or its contents in your possession,
custody, or control, and (iii) not return to this website without the prior
written permission of Artphile Inc..
The right to access and use the contents of this website is offered only to
persons who may lawfully enter into and form contracts under California law.
Artphile Inc. may revoke your right to access and use the contents of this
website at any time, for any reason, in Artphile Inc.¡¯s sole discretion, without
prior notice to you. In addition, Artphile Inc. may amend these terms of use
from time to time, at any time, for any reason, in Artphile Inc.¨ªs sole discretion,
without prior notice to you. The amended terms of use shall be effective as
of the date and time they are posted on this site. Your subsequent access to
or use of the contents of this website following the posting of amended terms
of use will indicate acceptance by you of such amended terms of use.
You may only access and use the contents of this website for your personal,
noncommercial use. You may not use any robot, spider, or other automatic or
manual device or process to compile or repackage content available via this
website in whole or in part. You also may not modify, publish, transmit, reproduce,
create new works from, distribute, perform, display, or in any other way commercially
exploit, any of the content available via this website in whole or in part.
Copying, printing, or storing of any of the contents of this website for any
reason other than your personal, noncommercial use is expressly prohibited without
the prior written permission of Artphile Inc.
Artphile stories and photos shall not be published, broadcast, rewritten for
broadcast or publication or redistributed directly or indirectly in any medium.
Artphile news material may not be stored in whole or in part in a computer except
for personal and non-commercial use. Artphile will not be held liable for any
delays, inaccuracies, errors or omissions in any Artphile news material or in
transmission or delivery of all or any part thereof or for any damages whatsoever.
You agree to indemnify, defend and hold us and our current and former officers,
directors, employees, and respective successors, heirs and assigns (collectively,
our ¡°Affiliated Parties¡±) harmless from any liability, loss, claim and expense,
including reasonable attorneys¡¯ fees, related to your violation of these terms
of use or your use of this website.
This website contains links to third party websites. Artphile Inc. is not responsible
for the content, accuracy or opinions expressed in these third party websites,
and these websites are not investigated, monitored or checked for accuracy or
completeness by Artphile Inc. The inclusion of a link to a third party website
on this site does not and should not be interpreted to imply Artphile Inc.¡¯s
approval or endorsement of the linked website. Should you decide to leave this
website to access a third party website, you do so at your own risk.
In the event that you purchase a good or service from Artphile Inc. via this
website, you agree to pay Artphile Inc. the applicable fees and in the applicable
currency set forth for such goods or services at the time of you request the
good or service from Artphile Inc. (including all applicable taxes). All sums
due and payable that remain unpaid after any applicable cure period will accrue
interest as a late charge of 1.5% per month or the maximum amount allowed by
law, whichever is less. We will charge you $30.00 or the highest amount allowed
by law, whichever is less, for any check or other instrument (including credit
card chargebacks) tendered by you and returned unpaid by a financial institution
for any reason. You agree to reimburse us the fees of any collection agency,
which may be based on a percentage at a maximum of 33% of the debt, and all
costs and expenses, including reasonable attorneys¡¯ fees, we incur in connection
with any collection efforts.
THE INFORMATION AVAILABLE FROM OR THROUGH THIS WEBSITE IS PROVIDED AS IS, AS
AVAILABLE, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING,
BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE
NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE
FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES
FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED
ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION OF DAMAGES SET FORTH ABOVE IS A CONDITION PRECEDENT TO YOUR RIGHT
TO ACCESS AND USE THE CONTENT OF THIS WEBSITE. THIS WEBSITE AND THE INFORMATION
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS WEBSITE SHALL CREATE ANY
WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF
USE OR IN A SEPARATE WRITTEN AGREEMENT BETWEEN US AND YOU.
These Terms of Use shall be governed by and construed in accordance with the
laws of the State of California (without regard to conflict of law principles).
Should any part of these Terms of Use be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the remaining
portions shall remain in full force and effect. To the extent that anything
in or associated with this website is in conflict or inconsistent with these
Terms of Use, these Terms of Use shall take precedence. Our failure to enforce
any provision of these Terms of Use shall not be deemed a waiver of such provision
nor of the right to enforce such provision.
User Content Posted on the Site
You are solely responsible for the photos, profiles, messages, notes, text,
information, music, video, advertisements, listings, and other content that
you upload, publish or display (hereinafter, "post") on or through
the Service or the Site, or transmit to or share with other users (collectively
the "User Content"). You may not post, transmit, or share User Content
on the Site or Service that you did not create or that you do not have permission
to post. You understand and agree that the Company may, but is not obligated
to, review the Site and may delete or remove (without notice) any Site Content
or User Content in its sole discretion, for any reason or no reason, including
without limitation User Content that in the sole judgment of the Company violates
this Agreement or the Artphile LLC Terms and Conditions or which might be offensive,
illegal, or that might violate the rights, harm, or threaten the safety of users
or others. You are solely responsible at your sole cost and expense for creating
backup copies and replacing any User Content you post or store on the Site or
provide to the Company.
When you post User Content to the Site, you authorize and direct us to make
such copies thereof as we deem necessary in order to facilitate the posting
and storage of the User Content on the Site. By posting User Content to any
part of the Site, you automatically grant, and you represent and warrant that
you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive,
transferable, fully paid, worldwide license (with the right to sublicense) to
use, copy, publicly perform, publicly display, reformat, translate, excerpt
(in whole or in part) and distribute such User Content for any purpose on or
in connection with the Site or the promotion thereof, to prepare derivative
works of, or incorporate into other works, such User Content, and to grant and
authorize sublicenses of the foregoing. You may remove your User Content from
the Site at any time. If you choose to remove your User Content, the license
granted above will automatically expire, however you acknowledge that the Company
may retain archived copies of your User Content.
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