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terms of use
ARTISTSHARE USER AGREEMENT The following are the terms and conditions for use of artistShare.com and various other Web sites and web pages operated by artistShare, Inc. (“artistShare”) or its affiliates (collectively, the “artistShare Web Sites”). This User Agreement applies to the artistShare Web Sites and does not apply to the content of third parties. The artistShare Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the artistShare Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular artistShare Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that artistShare Web Site (the “Additional Terms”). In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular artistShare Web Site, then these terms shall control. PRIVACY AND PROTECTION OF PERSONAL INFORMATION See the Privacy Statement at by visiting the “privacy” link at the bottom of any ArtistShare Web site for disclosures relating to the collection and use of your personal information. MEMBER ACCOUNT, PASSWORD, AND SECURITY If a particular artistShare Web Site or any product or service offered on any artistShare Web Site (each a “artistShare Site/Service”, and collectively “artistShare Sites/Services”) requires you to open an account, you must complete the registration process by providing artistShare with current, complete and accurate information as prompted by the applicable registration form. You then will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify artistShare immediately of any unauthorized use of your account or any other breach of security. artistShare will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by artistShare or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder. MODIFICATION OF THESE TERMS OF USE artistShare reserves the right to change the terms, conditions, and notices under which the artistShare Sites/Services are offered, including but not limited to the charges associated with the use of the artistShare Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the artistShare Sites/Services constitutes your agreement to all such terms, conditions, and notices. PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS Unless otherwise specified, the artistShare Sites/Services are for your personal and non-commercial use. The content available though the artistShare Sites/Services is the property of artistShare or its licensors and is protected by copyright and other intellectual property laws. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the artistShare Sites/Services. You acknowledge that artistShare retains exclusive ownership of the artistShare Sites/Services and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the artistShare Sites/Services or their contents, and artistShare reserves all rights not expressly granted hereunder. Without the advance express written permission of artistShare, you may not “meta-search” the artistShare Sites/Services, send, or cause to be sent, any automated queries of any sort to the artistShare Sites/Services, or use the artistShare Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any artistShare Sites/Services to determine how a web site “ranks” on any artistShare Sites/Services. LINKS TO THIRD PARTY SITES The artistShare Sites/Services may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of artistShare, and artistShare is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. artistShare is not responsible for webcasting or any other form of transmission received from any Linked Site nor is artistShare responsible if the Linked Site is not working appropriately. artistShare is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by artistShare of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites. Any dealings with third parties (including advertisers) included within the artistShare Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. artistShare shall not be responsible or liable for any part of any such dealings or promotions. NO UNLAWFUL OR PROHIBITED USE As a condition of your use of the artistShare Sites/Services, you will not use the artistShare Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the artistShare Sites/Services in any manner that could damage, disable, overburden, or impair any artistShare Site/Service(s) (or the network(s) connected to any artistShare Site/Service(s)) or interfere with any other party’s use and enjoyment of any artistShare Site/Service(s). You may not attempt to gain unauthorized access to any artistShare Site/Service, other accounts, computer systems or networks connected to any artistShare Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the artistShare Sites/Services. USE OF SERVICES The artistShare Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise). Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others. Publish, post, upload, distribute or disseminate any inappropriate materials.
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