|Policy and Terms of Service|
Welcome to ArtPickle. You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By visiting ArtPickle.com, you are agreeing to its terms. This Agreement is subject to change at any time, and changes are effective upon posting. ArtPickle reserves the right to update and change, from time to time, these terms. You can always find the most recent version of this agreement on this page.
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that you are at least 18 years old.
Your membership in the Service is for your sole, personal use. You may not authorize others to use your membership, and you may not assign or otherwise transfer your account to any other person or entity.
To become a Member you must register with us. In consideration of your use of the Service, you agree to: provide true, accurate, current and complete information about yourself as prompted by our registration form and maintain and promptly update your Membership Profile accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, ArtPickle has the right to suspend or terminate your account and your use of the site.
By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.
The credit card that you provide will automatically and immediately be billed. All currency references are in U.S. dollars.
Payment occurs on a pre-pay basis and payment will be automatically renewed at the end of the term. Your billing term will depend upon which subscription plan you choose. For example, if you choose the yearly plan, you will be billed every year on the anniversary date of your Registration
We take your privacy seriously. ArtPickle combines technical and physical safeguards with employee policies and procedures to protect your information. We work to protect your credit card information during transmission by using Secure Sockets Layer (SSL) software, which encrypts the information that you provide online at our credit card partner website.
As part of the registration process, you will be asked to enter an email address and select a password. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ArtPickle of any unauthorized use of your password or account or any other breach of security. ArtPickle cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
All information entered as part of your website will be public and should be treated by you as public information. Never enter any information on your website that you do not was public.
As a Member, you agree that:
You are solely responsible for the content or information you publish, display or post on this site or transmit to other Members.
You will not post on or transmit to other Members or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
You will use the Service in a manner consistent with any and all applicable laws and regulations.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other Members whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the servers or networks connected to the Services or the Site.
You will not post, email 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.
You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site, without our prior written authorization.
You will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members. ArtPickle reserves the right, but has no obligation, to monitor disputes between you and other Members. We do not exclude any liability for death or personal injury due to our negligence.
We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent
You agree to comply with all United States rules regarding online conduct and acceptable Content.
You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You understand that you remain solely responsible for the content of the materials you post in any area of the Service. ArtPickle reserves the right, but has no obligation, to monitor the materials posted in any area of the Service, and it is their sole discretion to refuse or move any Content that is available via the Service. 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.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. ArtPickle disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or users (including unauthorized users, or "hackers") of the Service.
It is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. ArtPickle is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
Under no circumstances will ArtPickle be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You will defend, indemnify, and hold harmless ArtPickle, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
You agree that ArtPickle may establish practices and limits concerning use of the Service, including without limitation the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that ArtPickle has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that ArtPickle reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
ArtPickle reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ArtPickle shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
Cancellation of Subscription Plans
You may cancel your subscription for a full refund without any penalty or obligation, at any time prior to midnight of the seventh day following the date of your subscription. To cancel your subscription, email a notice with your ArtPickle username and password. This notice shall be sent to:
Either you or ArtPickle may terminate your membership at any time, for any reason, effective upon sending notice to the other party. All membership fees paid are nonrefundable. We reserve the right to immediately suspend or terminate your access to the Service, without notice, upon any breach of this Agreement by you. ArtPickle may, at its sole discretion, terminate your account, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if we believes that you have violated or acted inconsistently with Terms of Service. This termination may be effected without prior notice, and you acknowledge and agree that ArtPickle may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ArtPickle shall not be liable to you or any third-party for any termination of your access to the Service.
If ArtPickle terminates your membership because you have breached this Agreement, you will not be entitled to any refund of any unused subscription fees.
ArtPickle owns and retains other proprietary rights in the ArtPickle site and service. The site contains the copyrighted material, trademarks, and other proprietary information of ArtPickle and its licensors. Except for that information which is in the public domain or for which you have been given permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting information or content to any area of ArtPickle.com, you automatically grant, and you represent and warrant that you have the right to grant, to ArtPickle and other Members an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
ArtPickle PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION WITH ArtPickle OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE SITE. ArtPickle SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
ARTPICKLE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. 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.
IN NO EVENT WILL ARTPICKLE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE (EVEN IF ARTPICKLE OR ITS AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS ARTPICKLE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTPICKLE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. ARTPICKLE DOES NOT SCREEN THE MEMBERS REGISTERING TO THE ARTPICKLE SERVICE IN ANY WAY. AS A RESULT, ARTPICKLE WILL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING, WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND DISCOMFORT.
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 MAY NOT APPLY TO YOU.
ArtPickle is the trademark of ArtPickle. All other trademarks, logos, service marks, company or product names set forth in this Website are the property of their respective owners.
ArtPickle respects the intellectual property of others, and we ask our Members to do the same. If you believe that a copy of your work is available on the Service without your consent or that a copyright infringement has otherwise occurred, please supply us with the following information:
1) A description of the copyrighted work that you claim has been infringed
To resolve a complaint regarding the ArtPickle service, you should first contact ArtPickle Customer Support by clicking on the "Contact Us" button.
In California, you may also contact the
Complaint Assistance Unit
If any provision of these additional terms or any document incorporated by reference 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 such documents remain in full force and effect.
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