1. Acceptance of Terms
The Theartseen.com web site and The Art Seen LLC provide services to you, subject to the following Terms and Conditions, which may be updated by The Art Seen LLC from time to time without notice. By accepting these terms you are stating that you have read, understood and agreed to the following terms and conditions
2. Description of Services
The Art Seen LLC currently provides users with access to a collection of online resources. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new The Art Seen LLC resources, shall be subject to the Terms & Conditions. In order to use the services, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please be aware that The Art Seen LLC might have created certain areas on the Service that may contain mature or adult content. You must be at least 18 years of age to access and view such areas.
3. Your Registration Obligations
In consideration of use of the services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or The Art Seen LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,The Art Seen LLC has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof).
4. Private Policy
Pursuant to The Art Seen LLC privacy policy, we do NOT disclose to third parties certain aggregate information contained in your Registration Data or related data, provided that, such information will not include personally identifying information, except as specifically authorized by you or in the good faith belief that such action is reasonably necessary to comply with the law, legal process, to enforce the Terms & Conditions, or under any of the other circumstances set forth in our privacy policy, as may be amended from time to time.
5. Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The Art Seen LLC, are entirely responsible for all Content that you upload, post or otherwise transmit via the services. The Art Seen LLC does not control the Content posted via the services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the services to:
(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, an The Art Seen LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the services that are designated for such purpose;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) disrupt the normal flow of dialog, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the services;
(k) intentionally or unintentionally violate any applicable local, national or international law. (l) "stalk" or otherwise harass another;
(m) collect or store personal data about other users;
(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
(o) use The Art Seen LLC page(s) (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond The Art Seen LLC;
(p) have multiple The Art Seen LLC user names that are within the same The Art Seen LLC web site or that have the same theme;
or (q) engage in commercial activities that are deemed objectionable by The Art Seen LLC and may include: soliciting for advertisers or sponsors; conducting raffles or contests that require any type of entry fee; displaying a sponsorship banner of any kind, including those that are generated by banner or link exchange services, and displaying banners for services that provide cash or cash-equivalent prizes to users in exchange for hyperlinks to their web sites.
6. Special Admonitions for International Use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from The United
State of America or the country in which you reside.
7. Content Submitted to The Art Seen LLC
The Art Seen LLC does not claim ownership of the Content you place on our The Art Seen LLC Site. By submitting Content to The Art Seen LLC for inclusion on our Theartseen.com website, Site, you grant The Art Seen LLC the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content for the purpose of displaying, distributing and promo the Theartseen web site and out services.
This license exists only for as long as you continue to be a The Art Seen LLC Member and shall be terminated at the time your The Art Seen LLC Membership is terminated. You acknowledge that The Art Seen LLC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the services. Without limiting the foregoing, The Art Seen LLC and its designees shall have the right to remove any Content that violates the Terms & Conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
8. Indemnity
You agree to indemnify and hold The Art Seen LLC , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your Content, your use of the services, your connection to the services, your violation of the Terms & Conditions, or your violation of any rights of another.
9. No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the services, use of the services, or access to the services.
10. General Practices Regarding Use and Storage
You acknowledge that The Art Seen LLC may establish general practices and limits concerning use of the services.
11. Modifications to Service
The Art Seen LLC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof) with or without notice. You agree that The Art Seen LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services.
12. Termination
You agree that The Art Seen LLC , in its sole discretion, may terminate your membership, use of the services or use of any other The Art Seen LLC service, and remove and discard any Content within the services, for any reason, including, without limitation, for lack of use or if The Art Seen LLC believes that you have violated or acted inconsistently with the letter or spirit of the Terms & Conditions. The Art Seen LLC may also in its sole discretion and at any time discontinue providing the services, or any part thereof, with or without notice. You agree that any termination of your access to the services under any provision of the Terms & Conditions may be effected without prior notice, and acknowledge and agree that The Art Seen LLC may immediately deactivate or delete your membership and all related information and files and/or bar any further access to such files or the services. Further, you agree that The Art Seen LLC shall not be liable to you or any third-party for any termination of your access to the Service.
13. Advertising and Promotions
The Art Seen LLC may at any time run advertisements and promotions on our web site Theartseen.com. By registering with The Art Seen LLC , you agree that The Art Seen LLC has the right to run such advertisements and promotions. The manner, mode and extent of advertising by The Art Seen LLC on our Site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that The Art Seen LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. Links
The services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because The Art Seen LLC has no control over such sites and resources, you acknowledge and agree that The Art Seen LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that The Art Seen LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. The Art Seen LLC Proprietary Rights
You acknowledge and agree that the services and any necessary software used in connection with the services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The Art Seen LLC or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the Software, in whole or in part.
The Art Seen LLC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the services. You agree not to access the services by any means other than through the interface that is provided by The Art Seen LLC for use in accessing the services.
16. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:-
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. The Art Seen LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) The Art Seen LLC MAKES NO WARRANTY THAT
(i) THE SERVICE WILL MEET YOUR REQUIREMENTS,
(ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The Art Seen LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE Terms & Conditions.
17. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT The Art Seen LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
19. Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the services concerning companies, please read the above Sections 16 and 17 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the services is intended for trading or investing purposes. The Art Seen LLC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted via the services, and shall not be responsible or liable for any trading or investment decisions made based on such information.
20. Notice
Notices to you may be made via either email or regular mail. The services may also provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to you generally on the services.
21. Copyrights
The Art Seen LLC respects the intellectual property rights of others and we ask our users to do the same.
22. General Information
The Terms & Conditions constitute the entire agreement between you and The Art Seen LLC and govern your use of the services, superceding any prior agreements between you and The Art Seen LLC (including, but not limited to, any prior versions of the Terms & Conditions). You also may be subject to additional terms and conditions that may apply when you use affiliate or other The Art Seen LLC services, third-party content or third-party software.
Terms and Conditions
These conditions represent the terms and conditions for registering with and or using The The Art Seen LLC service. ("the service"). The service is provided to you ("member") on the basis that you accept the terms of this contract. It is a legal agreement and it sets out your rights and obligations and those of The Art Seen LLC . By completing the registration process you are confirming your agreement to be bound by these terms and conditions.
1. Description of the Service
The Art Seen LLC gives you the ability to create your own user profile on our site. The service is free but each member must provide their own access to the World Wide Web and pay any telephone and connection charges associated with such access.
2. The Provision of the Service
The Art Seen LLC will allow each member to register their name of choice. The Art Seen LLC will not charge for this service but in consideration each member agrees to provide accurate, current and complete information in the registration process and to maintain and update the information. Each member grants The Art Seen LLC the right to disclose to third parties certain information provided by the member, subject to The Art Seen LLC 's Privacy Policy. If any information provided by the member is false or inaccurate, The Art Seen LLC retains the right to terminate the member's membership and rights to use the service.
3. Use of the Service
Each member's right to use the service is personal to that member and no member may resell or make any commercial or business use of the service (without the express prior consent of The Art Seen LLC). In particular no member should abuse the service or use it for any illegal purpose. The definition of abuse is at the sole discretion of The Art Seen LLC. The Art Seen LLC may insert its own unique identifying number into every email header.
4. Member Password and Security
Each member will provide a password on registering with our site and or for our service. It is each member's responsibility to maintain the confidentiality of that password and members are entirely responsible for any activity which takes place under any of the addresses registered in their name. If any member becomes aware of any unauthorized use of any of its registered names and addresses or any breach of security that member should notify The Art Seen LLC immediately.
5. Intellectual Property Rights
Each member acknowledges that the content of the The Art Seen LLC site which includes but is not limited to text, software, and graphics is protected by copyright and members are not entitled to copy or reproduce or distribute any of the content without the express permission of The Art Seen LLC. Each member acknowledges that in addition to copyright, there are also trademarks and other intellectual property rights in and relating to the service which are owned by The Art Seen LLC and which are not to be used without express permission.
6. Disclaimer of Warranties
The Art Seen LLC does not warrant that the service will meet any particular requirements of the registered member or that the service will be uninterrupted, that emails will be sent or received within any particular time or that the service will be secure or error free. The Art Seen LLC does not give any warranty in respect of any goods or services purchased or obtained through the service or any transactions entered into through the service.
The Art Seen LLC may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately for any reason whatsoever.
The Art Seen LLC may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by The Art Seen LLC.
The Art Seen LLC shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.
7. Limitation of Liability
Each registered member agrees that he or she uses the service at their own risk. The Art Seen LLC will not accept any liability either in contract, tort (including negligence) or otherwise for any direct, indirect, incidental or consequential loss resulting from the use or the inability to use the service. Each member agrees that that any material and/or data downloaded by a member is done so entirely at their own risk and each member will be solely responsible for the consequences of downloading any such material.
8. Indemnity
Each member agrees to indemnify The Art Seen LLC against all liabilities, claims and expenses that may arise from any breach by them of these terms and conditions and any liabilities claims and expenses incurred by The Art Seen LLC in connection with any claim, action or proceeding brought by a third party as a result of the registered member's use of the service.
9. Severability
If any of the provisions of this contract is judged to be illegal, unreasonable or unenforceable the rest of these terms and conditions will continue to apply. Any delay on the part of The Art Seen LLC to enforce its rights under this contract will not prejudice or restrict its rights and no waiver of any such rights will be deemed to be a waiver of any other right or of any later breach.
10. Notices
Any notices sent pursuant to this agreement will be effective if sent by email to the registered member's primary email address 24 hours from the time of sending.
11. Applicable Law
These terms and conditions will be governed in accordance with the laws of The United States of America. Each member and The Art Seen LLC agree to submit to the exclusive jurisdiction of the courts of the State of California.
13. Limitation of Liability.
THEARTSEEN.COM AND THEARTSEEN, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES WHETHER SUCH DAMAGES ARISE UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
14. Indemnity.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THEARTSEEN AND ITS SUBSIDIARIES, PARENTS, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM OR IN CONNECTION WITH: (A) YOUR BREACH OF THIS AGREEMENT, INCLUDING THE DOCUMENTS INCORPORATED BY REFERENCE; (B) YOUR VIOLATION OF ANY STATE, FEDERAL FOREIGN OR INTERNATIONAL LAWS, CODES OR REGULATIONS; AND/OR (C) YOUR VIOLATION OF ANY THIRD PARTY'S RIGHTS, INCLUDING, BUT NOT LIMITED TO, INFRINGEMENT OF ANY COPYRIGHT, VIOLATION OF ANY PROPRIETARY RIGHT AND INVASION OF ANY PRIVACY RIGHTS. THIS OBLIGATION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
15. Applicable Law.
THE LAWS OF THE STATE OF CALIFORNIA GOVERN THIS AGREEMENT AND ALL OF ITS TERMS AND CONDITIONS. WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS.
16. Arbitration.
YOU AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES SHALL BE SETTLED BY BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY SUCH CONTROVERSY OR CLAIM SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. THE ARBITRATION SHALL BE CONDUCTED IN SAN FRANCISCO, CALIFORNIA, AND JUDGMENT ON THE ARBITRATION AWARD MAY BE ENTERED INTO ANY COURT HAVING JURISDICTION THEREOF. EITHER YOU OR THEARTSEEN MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN SAN FRANCISCO, CALIFORNIA, IF NECESSARY TO PROTECT THE RIGHTS OR PROPERTY OF YOU OR THEARTSEEN PENDING THE COMPLETION OF ARBITRATION AND YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT AND SUBMIT TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THESE TERMS AND CONDITIONS.
