ARTCASTE Terms and Conditions

 

We maintain ARTCASTE.com (the “Site”) in order to provide a hub where the art world can congregate and gain knowledge through education, information, and entertainment in a user-friendly yet highly visual space.

The following terms and conditions (“Terms and Conditions”) govern your use of the Site. Your use of certain areas or features of the Site may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature.

The Site is owned and operated by ARTCASTE, Inc. (“ARTCASTE” or “we” or “us” or “our”). We may change the Terms and Conditions from time to time, at any time without notice to you, by posting such changes on the Site. BY ACCESSING, USING, OR BROWSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not access or otherwise use the Site.

1. Proprietary Rights in Site. As between you and ARTCASTE, ARTCASTE owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, images, photographs, illustrations, text, graphics, logos, button icons, other visuals, video, copy, etc.), software, code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including but not limited to any copyrights, trademark rights, patent rights, database rights, trade secrets, moral rights (including the rights of authorship and attribution and subsequent modification), sui generis rights and other intellectual property and proprietary rights (whether registered or unregistered in any jurisdiction) therein. Your use of the Site does not grant to you ownership of any content, software, code, data, or materials you may access on the Site.

2. You may access and view the content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your internal use only. The Site and the services offered on or through the Site, including any content, software, code, data and materials thereon, are only for your own internal use.

3. Prohibited Uses. Any commercial distribution, publishing or exploitation of the Site, or any content, software, code, data or materials on the Site, is strictly prohibited unless you have received the express prior written permission of ARTCASTE or the applicable rights holder. Other than as provided in Section 2 above, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, software, code, data or materials on the Site. If you make other use of the Site, or the content, software, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability for such unauthorized use. ARTCASTE will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

4. Trademarks. The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the trademark owner. All Trademarks not owned by us that appear on the Site are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our express written permission or that of the third party rights holder. Your misuse of the Trademarks displayed on the Site is strictly prohibited. ARTCASTE will aggressively enforce its Trademark rights to the fullest extent of the law, including the seeking of criminal prosecution.

5. Copyright. The contents of the Site, such as text, graphics, images, audio, video, data, coding, scripts, computer programs and other material (collectively “Materials”), are protected by copyright under the laws of the United States as well as other countries, and are owned or controlled by us or by third parties that have licensed their Materials to us. We authorize you to view and download a single copy of the Materials solely for your personal, non-commercial use. The use of any software that is made available for downloading from the Site (“Software”) is governed by the terms of the software license agreement accompanying such software (the “License Agreement”), and is conditioned on your agreement to be bound by the terms of the License Agreement. All rights in and to the Material not expressly granted to you in the Agreement are reserved. Neither the availability of, nor anything contained within the Site shall be construed as conferring any license under any of ARTCASTE’s or any third party’s intellectual property rights, other or further than as expressly provided in the foregoing provisions of this paragraph, whether by implication, estoppel, or otherwise.

Unauthorized use of the Materials may violate copyright, trademark, and other laws. You may not sell, prepare derivative works based on or modify the Materials (including, without limitation, preparation of summaries of the Material or “thumbnails” of any images therein), or reproduce, publicly display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material or any portion thereof on any other Site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Site without our express prior written permission is strictly prohibited. With respect to any copy you make of the Materials within the scope of the limited license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original Materials. Some of the Materials may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. If you would like information about obtaining ARTCASTE’s permission to use the Material on your Site, please email info@ARTCASTE.com

6. User Information. You may be asked to provide certain personalized information to us (“User Information”) during your use of the Site. Our information collection and use policies with respect to the privacy of such User Information are set forth in our Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

7. Material Offensive to Minors and Sensitive People. WARNING: The content of the Site is not intended for minors. Such content is generally uncensored and may include nudity or other graphic or literary content that some people may consider offensive. If you allow your child to use your computer, it is your responsibility to determine whether any of the services, content and subject matter displayed on the Site is inappropriate for your child, and to control the child’s use of the computer accordingly. If you yourself find offensive content of the type referred to above, you should not use the Site.

8. Use of Robots and Spiders. We reserve the right to employ robot exclusion headers and similar mechanisms within the Site, and you agree that you and all persons and facilities under your control will honor such headers and mechanisms. Regardless of the presence or absence of any such headers or mechanisms, and without limiting the generality of any other restriction on use of the Site or the Material set forth in these Terms and Conditions, you will not in any event use any robot, spider, or other automatic or manual device or process for the purpose of compiling information regarding the identification, address or other attributes of any of our users or to recreate in original or modified form any substantial portion of the Site. You further agree not to use any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Site or any transactions being conducted on or in connection with the Sites. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our servers or systems.

9. Termination. ARTCASTE may terminate, change, suspend, add to or discontinue any aspect of the Site or the Site’s services at any time, in our sole discretion, and without liability to any user. ARTCASTE may restrict, suspend, or terminate your use of or access to the Site if we believe you are in breach of or are attempting to breach our Terms and Conditions or applicable law, or for any other reason without notice or liability.

10. Copyright Infringement on the Site. ARTCASTE respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide ARTCASTE’s Copyright Agent the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; • a description of the copyrighted work that you claim has been infringed; • a description of where the Material that you claim is infringing is located on the site; • your address, telephone number, and email address; • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and, • a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

ARTCASTE’s Copyright Agent for Notice of claims of copyright infringement on its site is Ray McAuliffe who can be reached as follows:

By mail: Ray McAuliffe ARTCASTE, Inc. 154 Grand St. 5th Floor, New York, NY 10013 Voice: (800) 805 3707 ext. 2 Email: ray@ARTCASTE.com

11. Submitted Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with our Privacy Policy. By submitting or sending Submitted Materials to us, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

12. User Postings. ARTCASTE may provide certain areas of the Site designated as open to our users at large (“Open Areas”). Generally, any communication that you post to Open Areas is considered to be non-confidential.

By posting communications (including any graphic or multimedia content) to Open Areas, you automatically grant us a royalty-free, perpetual, irrevocable non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, publicly perform, and publicly display the communication and any trademarks, names or likenesses therein alone or as part of compilations or other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.

We do not screen communications in advance and are not responsible for screening or monitoring material posted by users. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do any of the following things while accessing or using the Site or using the Material: (1) post or transmit any material unless you are the owner of all patent, trademark, copyright, trade secret or other proprietary rights (“Rights”) therein, or have the permission of the owner of the Rights to post or transmit such material to the Site; (2) post material that otherwise violates any Rights of any third party or violates or infringes on the privacy or publicity rights of third parties; (3) post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) post sexually-explicit language or images; (5) post advertisements or solicitations of business; (6) post or transmit any chain letters or pyramid schemes; (7) impersonate another person or entity; (8) intentionally or unintentionally violate any applicable local, state, national or international law while using or accessing the Site or the Material; or (9) post or transmit any information containing a virus or other harmful component.

If notified by a user of communications that allegedly do not conform to any term of these Terms and Conditions, we may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. ARTCASTE has no liability or responsibility to users for performance or non-performance of such activities. We reserve the right, in our sole discretion, to expel users and prevent their further access to the Site for violating these Terms and Conditions or the law. We also reserve the right at all times to disclose any information as necessary or deemed desirable by us to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

WE DO NOT ENDORSE, SUPPORT, REPRESENT, OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY COMMUNICATIONS POSTED BY OTHER USERS OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON MATERIAL POSTED BY OTHER USERS WILL BE AT YOUR OWN RISK.

13. Prohibited User Conduct. You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes without our permission; (c) attempt to gain unauthorized access to other computer systems through the Site; (d) engage in spidering, “screen scraping,” “database scraping,” harvesting of catalogue information, e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of property, users or other information from or through the Site; (e) obtain or attempt to obtain unauthorized access to computer systems, materials or information through any means; (f) use the Site or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (g) use the Site in violation of ARTCASTE or any third party’s intellectual property or other proprietary or legal rights; or (h) use the Site in violation of any applicable law. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to engage in any of the foregoing prohibited activities or to circumvent, reverse engineer, decrypt, disassemble, decompile or otherwise alter or interfere with the Site or make unauthorized use thereof. You agree that you will not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain, use or access, or attempt to obtain, use or access, any materials or information through any means not intentionally made publicly available or provided for through the Site.

14. Privacy. ARTCASTE is committed to maintaining your privacy. ARTCASTE does, however, gather certain information that you provide to the Site. For information regarding ARTCASTE’s policies for using user information please read our Privacy Policy.

15. Registration, passwords, signatures. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by any registration form that you may fill out on any Site (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any Registration Data that is untrue, inaccurate, not current or incomplete, or if we have grounds to suspect that such Registration Data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

You may receive a password and/or account designation, or a digital signature upon completing the registration process on the Site. You are responsible for maintaining the confidentiality of any such password, digital signature and account, and are fully responsible for all activities that occur under your password, digital signature or account. You agree to (a) immediately notify us of any unauthorized use of your password, digital signature or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.

16. Right to Monitor and Editorial Content. ARTCASTE reserves the right, but does not have an obligation, to monitor and/or review all information and materials posted to the Site, and ARTCASTE is not responsible for any such information and materials posted by users. However, ARTCASTE reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in ARTCASTE sole discretion are objectionable or in violation of these Terms and Conditions, ARTCASTE policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

17. Links to Other Sites. The Site may contain links to third-party sites that are maintained by others. These links are provided solely for the convenience of the user and are not endorsed by us in any way. We are not responsible for the content of linked third-party sites and we do not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at your own risk.

18. Linking to this Site. You agree that if you include a link from any other site to this Site, such link shall: (i) not contain any logos, but rather should merely read “ARTCASTE” in plain text, (ii) open in a new browser window; and (iii) link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on this Site, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another site. You agree not to download or use images hosted on this Site on another site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other site at any time upon written notice to you. To find out more information about our linking policies, or to seek our permission, you may write to: ARTCASTE, 154 Grand St. 5th Floor, New York, NY 10013, Attention: Web Master.

19. Indemnification. You agree to defend, indemnify on demand, and keep ARTCASTE indemnified, and hold ARTCASTE and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including without limitation consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, your placement or transmission of any message, content, information, software, or other materials through the Site, or your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms and Conditions. ARTCASTE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with ARTCASTE defense of such claim.

20. Disclaimer of Liability. The Material may contain inaccuracies or typographical errors. Except as may be separately specifically provided with respect to a particular exhibition, we make no representations about the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from using the Site and the Material. Any use of the Site and the Material is at your own risk. Advice received via the Site should not be relied upon for personal, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. Changes are periodically made to the Site and may be made at any time. Some Material on the Site is provided by third parties and we shall not be held responsible for any such Material provided by third parties.

WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, CONTINUOUSLY, OR WITHOUT INTERRUPTION, OR THAT THE SITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL CONTENT. IF YOUR USE OF THE SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

THE SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ARTCASTE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD-PARTY RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. ARTCASTE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE TEXT, GRAPHICS, AND LINKS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY DEPENDING ON YOUR STATE/JURISDICTION.

21. Disclaimer of Damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY PROVISION OF THE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL ARTCASTE BE LIABLE TO ANY USER OR ANY THIRD PARTY ON ACCOUNT OF THAT USER’S USE OF THE SITE. IN NO EVENT SHALL ARTCASTE AND/OR ITS SUPPLIERS BE LIABLE TO YOU OR ANY SUCH THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARTCASTE OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

22. Local Standards. We do not represent that materials on the Site are appropriate for use in all locations. Persons who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

23. Changes to Terms and Conditions. ARTCASTE reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms and Conditions, in whole or in part, at any time, and we will post the revised version on this Site. Changes in the Terms and Conditions will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to the Terms and Conditions are posted will be considered acceptance of those changes.

24. General. ARTCASTE makes no claim that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction. The Site is based in the State of New York, U.S.A. All legal issues arising from or related to the use of the Site shall be construed in accordance with and determined by the laws of the State of New York applicable to contracts entered into and performed within the State of New York without respect to its conflict of laws principles. By using the Site, you agree that the exclusive forums for any claims or causes of action arising out of your use of the Site shall be the state courts for or within New York County in the State of New York, and the United States District Court for the Southern District of New York. You hereby irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.

If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. The failure of ARTCASTE to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision, and no waiver of any term of this Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred. Any changes to these Terms and Conditions must be made in writing, signed by an authorized representative of ARTCASTE. Headings used in these Terms and Conditions are for convenience only and are not to be relied upon. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. These Terms and Conditions will inure to the benefit of, and are intended to be enforceable by, ARTCASTE successors, assigns, and licensees. There are no third party beneficiaries to this Terms and Conditions.

25. Inquiries. You may direct questions about these Terms and Conditions, or other issues, to:

ARTCASTE 154 Grand St. 5th Floor, New York, NY 10013 Attn: Web Master

Last Modified: June 11, 2011

 

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