This User Agreement ("Agreement") is between you and ArtBistro.com, with a principal place of business at 799 Market Street, Suite 500, San Francisco, California 94103. Your rights and obligations under this Agreement and in using this Site are not assignable. Your use and access of the ArtBistro.com Web site constitutes your acceptance, without modification, of the terms, conditions and notices contained herein. In addition, when using particular ArtBistro.com services, you shall be subject to any posted guidelines, rules, and policies applicable to such services that may be posted from time to time. All such guidelines, rules, and policies are hereby incorporated by reference into this Agreement.
By using ArtBistro.com Web site, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT THE TERMS THEREOF. Please read the following terms carefully. If you do not agree to the terms and conditions of this Agreement, you may not access, view, obtain goods or services from, or otherwise use ArtBistro.com Web site.
- You acknowledge that you are 13 years of age or older, and, if under the age of 18, are using this Web site under the supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are not allowed to visit or otherwise use our Site.
- You are responsible for regularly reviewing this User Agreement. ArtBistro.com reserves the right, at its sole discretion, to change, modify, add, remove or terminate any portion of this Agreement, in whole or in part, at any time, without prior notice.
- You acknowledge that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify ArtBistro.com or its affiliates for all claims resulting from content you supply.
- You shall not upload, email, post or transmit to, or distribute or otherwise publish through the ArtBistro.com Web site any material which: (i) disrupts the normal flow of dialogue and/or exchange on the Site, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using and enjoying the ArtBistro.com Web site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, harassing, hateful, embarrassing, pornographic, profane, sexually explicit, or indecent; (iii) constitutes or encourages conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the local, state, or national laws of any country; (iv) violates, plagiarizes, or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, trade secrets, or any other proprietary right; (v) contains a virus, worm, Trojan horse, or other harmful component; (vi) contains any information, software, or other material of a commercial nature; (vii) contains solicitations or advertisements of any kind; (viii) constitutes or contains false or misleading indication of origin or statement of fact; or (ix) contains chain letters or pyramid schemes.
- You will not create or participate in rooms determined by ArtBistro.com to have been created for the purpose of exchanging or swapping images, music, or other protected intellectual property.
- We reserve the right to release information to the proper authorities, as a result of a violation of our standards or unlawful acts, if the information is subpoenaed and/or if we deem it necessary and/or appropriate. ArtBistro.com has the right, but not the obligation, to refuse service, terminate accounts, or remove or edit content, in its sole discretion.
- You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. ArtBistro.com claims no ownership or control over any Content submitted, posted or displayed by you on or through ArtBistro.com. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through ArtiBistro.com and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through ArtBistro.com, you grant ArtBistro.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content through ArtBistro.com. In addition, by submitting, posting or displaying Content which is intended to be available to the general public, you grant ArtBistro.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such Content for the purpose of promoting ArtBistro.com services. ArtBistro.com will discontinue this licensed use within a commercially reasonable period after such Content is removed from ArtBistro.com.
- You will be responsible for your own content and the consequences of posting or otherwise transmitting content. ArtBistro.com does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by ArtBistro.com Web site users or endorse any opinions expressed by such users. ArtBistro.com does not screen, monitor or approve content from our Web site users in advance. If we receive notification about a user regarding Content which allegedly do not conform to this Agreement, ArtBistro.com has the right, but not the obligation, to investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Content. We have no liability or responsibility to users for performance or nonperformance of such activities. ArtBistro.com reserves the right to expel users and prevent their further access to the ArtBistro.com Web site for violating this Agreement or violating the law. ArtBistro.com reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
- ArtBistro.com may immediately, without prior notice, issue a warning, temporarily suspend, indefinitely suspend, or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. Your sole remedy against ArtBistro.com in the event of a dispute arising out of this Agreement, the Site or your use thereof, is to terminate this Agreement by ceasing your use of the Site. In the event of termination of this Agreement, ArtBistro.com may delete and/or store, in its discretion, data associated with your use of the Site. ArtBistro.com may also change, suspend, or discontinue any aspect of the ArtBistro.com Web site at any time, including the availability of any Web site feature, database, or content.
- ArtBistro.com Web site contains information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any liability arising from its accuracy and any duty or obligation to update this information or any other content. Our Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services, as well as our intentions, plans, and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates that are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like "anticipates," "expects," believes," "estimates," "seeks," "plans," "intends," and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. ArtBistro.com Web site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
- ArtBistro.com makes no warranty, express or implied, with respect to the content, information, or services provided through, or in conjunction with, the ArtBistro.com Web site. We make no guarantee of the accuracy, correctness or completeness of any information on the Site, and shall not be responsible for: (i) any errors of omission arising from the use of such information; (ii) any failures, delays or interruptions in the delivery of any content or service contained within the ArtBistro.com Web site; and (iii) any defamatory, libelous or unlawful material contained within the Site, including user Web pages, resumes, emails, profiles, opinions, advice, statements, memorandums or discussion board postings, or materials related to a users' use of the Site's chat features. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. You acknowledge that neither ArtBistro.com nor its Web site members, while such members are participating in the Site, are engaged in rendering legal, medical, counseling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. ArtBistro.com has the right, but not the obligation, to correct any errors or omissions in any portion of the ArtBistro.com Web site.
- Gathering email addresses from ArtBistro.com through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other users is prohibited. Inquiries regarding a commercial relationship with ArtBistro.com should be directed to: info@ArtBistro.com
- YOU AGREE THAT YOUR USE OF ArtBistro.com WEB SITE IS AT YOUR OWN RISK. ArtBistro.com WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, SERVICES, MATERIALS, AND/OR INFORMATION MADE AVAILABLE OR DISCUSSED ON OR ACCESSED THROUGH ArtBistro.com WEB SITE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. IN NO EVENT SHALL ArtBistro.com, INC. BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE ArtBistro.com WEB SITE OR WITH THE DELAY OR INABILITY TO USE SAME, OR WITH HYPERTEXT OR GRAPHIC LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH ArtBistro.com WEB SITE OR ANY LINKED SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH ArtBistro.com WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF SAME, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ArtBistro.com INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES AND EVEN IF SUCH DAMAGES RESULT FROM ArtBistro.com, INC'S NEGLIGENCE OR GROSS NEGLIGENCE. FURTHER, ArtBistro.com, INC. DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN ArtBistro.com WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED OR AVAILABLE THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ArtBistro.com WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, ArtBistro.com, INC.'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ADDITIONAL DISCLAIMERS APPEAR WITHIN THE BODY OF THIS SITE AND ARE INCORPORATED HEREIN BY REFERENCE. TO THE EXTENT ANY SUCH DISCLAIMERS PLACE GREATER RESTRICTIONS ON YOUR USE OF THIS SITE OR THE MATERIAL CONTAINED THEREIN, SUCH GREATER RESTRICTIONS SHALL APPLY.
- The links found on ArtBistro.com Web site will let you leave our Web site and go to sites operated by parties other than ArtBistro.com The linked sites are not under the control of ArtBistro.com and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Such links by the ArtBistro.com Web site to sites maintained by third parties do not constitute an endorsement, guaranty, or warranty by ArtBistro.com, or any of its affiliates, of any third party or their content, nor the existence of a partnership, joint venture, agency, or other relationship between ArtBistro.com, or any of its affiliates, and any linked third party or their content. ArtBistro.com does not assume any responsibility or liability for the actions, product, content and/or information of these and other third parties and/or their web sites. You should carefully review their privacy statements and other conditions of use.
- By offering a number of third party products and services, including advertisements, on our Site, ArtBistro.com makes no warranties or representations of any kind as to the content or suitability of the subject matter of any web site, product or service from any such third party business or individual. ArtBistro.com expressly disclaims liability for direct, consequential, or incidental damages arising from the products, services, advertisements, actions, or web site content of these and any other third parties, and you waive any claims against ArtBistro.com for damages arising from such transactions or your reliance upon statements contained therein. You will not consider ArtBistro.com nor will ArtBistro.com be construed as, a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS ArtBistro.com, INC. LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE ArtBistro.com WEB SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.
- This Agreement shall be governed and constructed in accordance with the laws of the State of California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be an appropriate state or federal court located in San Francisco, CA.
- Any cause of action you may have with respect to your use of ArtBistro.com Web site must be commenced within one year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
- You shall defend or settle at your sole expense any claim or suit, including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission, (collectively, an "Action") against ArtBistro.com and/or each of its affiliates, directors, officers, agents, employees or sublicensees, (collectively, the "Indemnitee") to the fullest extent permitted by law arising out of or in connection with (1) an assertion that the information, content or other materials or services provided or made available by you or the use thereof may infringe any copyright or trademark rights of any individual or entity, or are a misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under this Agreement; and (3) any content provided by you in a chat room, message board, e-mail, or home page (created or used by you) on the ArtBistro.com Web site, or statements made by you in the Site or through other media. You shall indemnify and hold harmless the Indemnitee from and against any and all damages, costs, liabilities and attorneys' fees incurred in defending and/or resolving such Action.
- Notices under this Agreement shall be sufficient only if in writing and transmitted via personal delivery, delivered by a major commercial rapid delivery courier service, or mailed, postage or charges prepaid, by certified or registered mail, return receipt requested, to ArtBistro.com, Attention Legal Department, 799 Market Street, San Francisco, California 94103.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion, and other matters related to ArtBistro.com Web site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights as a collective work and/or compilation, pursuant to international conventions and U.S. and other copyright laws. Other product and company names mentioned herein may be the trademarks of their respective owners. The contents, and every part thereof, of ArtBistro.com Web site are only for your personal, non-commercial use. You do not acquire ownership rights to any content, document, or other materials viewed through our Site. The posting of information or materials on the ArtBistro.com Web site does not constitute a waiver of any right in such information and materials. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site. Unless otherwise prohibited from doing so, you may download and make one (1) copy of the content and other downloadable items displayed on ArtBistro.com Web site for your personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Any copying, republication, or redistribution of ArtBistro.com Web site content, including by caching, framing, or similar means, is expressly prohibited without the prior written consent of ArtBistro.com and/or the respective intellectual property rights holder identified in the subject content.
ArtBistro.com respects the intellectual property rights of others and expects our users to do the same. The policy of ArtBistro.com is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ArtBistro.com's Copyright Agent & Counsel with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party; (5)a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. ArtBistro.com's Copyright Agent for notice of claims of copyright infringement on this Site is:
- Corporate Counsel
- 799 Market Street, Suite 500
- San Francisco, CA 94103
- Phone: 415-365-1400