Terms of Service
1. ACCEPTANCE OF TERMS
The web pages available at Artage.io, and all linked pages ("Site"), are owned and operated by Artage.io ("Artage"), and is accessed by you under the Terms of Services described below ("Terms of Service").
Artage reserves the right, at its sole discretion, to modify or replace the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, Artage will notify you by posting an announcement on the Site. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Service as modified.
3. DESCRIPTION OF SERVICE
Services shall include, but not be limited to, any service and content Artage performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services (including, but not limited to icon images, text, information, data, graphics, images, illustrations, also known as the "Content"). Artage may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Artage may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
4. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, You shall provide Artage with accurate, complete, and updated registration information if you register for an account. Failure to do so shall constitute a breach of the Terms of Service, which may result in immediate termination of your Artage account. You may not (i) select or use as a Artage Username a name of another person with the intent to impersonate that person; (ii) use as a Artage Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Artage Username a name that is otherwise offensive, vulgar or obscene. Artage reserves the right to refuse registration of, or cancel a Artage user accounts in its discretion. You shall be responsible for maintaining the confidentiality of your password.
5. USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Artage.
6. COPYRIGHT COMPLAINTS
Artage respects the intellectual property of others. It is Artage's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Artage will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Artage may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Artage will terminate access for subscribers and account holders who are repeat infringers.
7. WARRANTY DISCLAIMERS
You acknowledge that Artage has no control over, and no duty to take any action regarding: which users gain access to the Site or use the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release Artage from all liability for you having acquired or not acquired Content through the Site or the Services. The Site or Services may contain, or direct you to sites containing, information that some people may find offensive or inappropriate. Artage makes no representations concerning any content contained in or accessed through the Site or Services, and Artage will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Services.
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME COUNTRIES OR STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Artage has no control over such sites and resources, you acknowledge and agree that Artage 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 Artage 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.
9. LIMITATION OF LIABILITY
IN NO EVENT SHALL ARTAGE OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME COUNTRIES OR STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Artage may terminate or suspend any and all Services and your Artage account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Service. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Artage account, you may simply discontinue using the Services. All provisions of the Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
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