ArtJoolree.com Terms of Use
This
terms of use is valid from 17 August 2008
Welcome
to ArtJoolree.com!
1.1 Your use of ArtJoolree
Blog’s products, services and web sites (referred to collectively as the
“Services” in this document and excluding any services provided to you by ArtJoolree
Blog under a separate written agreement) is subject to the terms of a legal
agreement between you and ArtJoolree Blog. This document explains how the
agreement is made up, and sets out some of the terms of that agreement.
1.2 Unless otherwise
agreed in writing with ArtJoolree.com Blog,
your agreement with ArtJoolree Blog will always include, at a minimum, the
terms and conditions set out in this document. These are referred to below as
the “Universal Terms”.
1.3 Your agreement
with ArtJoolree Blog will also include the terms of any Legal Notices
applicable to the Services, in addition to the Universal Terms. All of these
are referred to below as the “Additional Terms”. Where Additional Terms apply
to a Service, these will be accessible for you to read either within, or
through your use of, that Service.
1.4 The Universal
Terms, together with the Additional Terms, form a legally binding agreement
between you and ArtJoolree Blog in relation to your use of the Services. It is
important that you take the time to read them carefully. Collectively, this
legal agreement is referred to below as the “Terms”.
1.5 If there is any
contradiction between what the Additional Terms say and what the Universal
Terms say, then the Additional Terms shall take precedence in relation to that
Service.
2.
Accepting the Terms
2.1 In order to use
the Services, you must first agree to the Terms. You may not use the Services
if you do not accept the Terms.
2.2
You can accept the Terms by:
(A) clicking to
accept or agree to the Terms, where this option is made available to you by ArtJoolree
Blog in the user interface for any Service; or
(B) by actually using
the Services. In this case, you understand and agree that ArtJoolree Blog http://www.artjoolree.com will treat your use of the Services as
acceptance of the Terms from that point onwards.
2.3 You may not use
the Services and may not accept the Terms if (a) you are not of legal age to
form a binding contract with ArtJoolree Blog, or (b) you are a person barred
from receiving the Services under the laws of the Ecuador or other countries
including the country in which you are resident or from which you use the
Services.
2.4 Before you
continue, you should print off or save a local copy of the Universal Terms for
your records.
3.
Language of the Terms
3.1 Where ArtJoolree
Blog has provided you with a translation of the English language version of the
Terms, then you agree that the translation is provided for your convenience
only and that the English language versions of the Terms will govern your
relationship with ArtJoolree Blog.
3.2 If there is any
contradiction between what the English language version of the Terms says and
what a translation says, then the English language version shall take precedence.
4.
Provision of the Services by ArtJoolree Blog
4.1 ArtJoolree Blog
is constantly innovating in order to provide the best possible experience for
its users. You acknowledge and agree that the form and nature of the Services
which ArtJoolree Blog provides may change from time to time without prior
notice to you.
4.2 As part of this
continuing innovation, you acknowledge and agree that ArtJoolree Blog may stop
(permanently or temporarily) providing the Services (or any features within the
Services) to you or to users generally at ArtJoolree Blog’s sole discretion,
without prior notice to you. You may stop using the Services at any time. You
do not need to specifically inform ArtJoolree Blog when you stop using the
Services.
4.3 You acknowledge
and agree that if ArtJoolree Blog disables access to your account, you may be
prevented from accessing the Services, your account details or any files or
other content which is contained in your account.
4.4 You acknowledge
and agree that while ArtJoolree Blog may not currently have set a fixed upper
limit on the number of transmissions you may send or receive through the
Services or on the amount of storage space used for the provision of any
Service, such fixed upper limits may be set by ArtJoolree Blog at any time, at ArtJoolree
Blog’s discretion.
5.
Use of the Services by You
5.1 In order to
access certain Services, you may be required to provide information about
yourself (such as identification or contact details) as part of the
registration process for the Service, or as part of your continued use of the
Services. You agree that any registration information you give to ArtJoolree
Blog will always be accurate, correct and up to date.
5.2 You agree to use
the Services only for purposes that are permitted by (a) the Terms and (b) any
applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions (including any laws regarding the export of data or
software to and from the Ecuador or other relevant countries).
5.3 You agree not to
access (or attempt to access) any of the Services by any means other than
through the interface that is provided by ArtJoolree Blog, unless you have been
specifically allowed to do so in a separate agreement with ArtJoolree Blog. You
specifically agree not to access (or attempt to access) any of the Services
through any automated means (including use of scripts or web crawlers) and
shall ensure that you comply with the instructions set out in any robots.txt
file present on the Services.
5.4 You agree that
you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services).
5.5 Unless you have
been specifically permitted to do so in a separate agreement with ArtJoolree Blog,
you agree that you will not reproduce, duplicate, copy, sell, trade or resell
the Services for any purpose.
5.6 You agree that
you are solely responsible for (and that ArtJoolree Blog has no responsibility
to you or to any third party for) any breach of your obligations under the
Terms and for the consequences (including any loss or damage which ArtJoolree
Blog may suffer) of any such breach.
6.
Your Passwords and Account Security
6.1 You agree and
understand that you are responsible for maintaining the confidentiality of
passwords associated with any account you use to access the Services.
6.2 Accordingly, you
agree that you will be solely responsible to ArtJoolree Blog for all activities
that occur under your account.
6.3 If you become
aware of any unauthorized use of your password or of your account, you agree to
notify ArtJoolree Blog immediately at http://www.artjoolree.com/p/blog-page.html .
7.
Privacy and Your Personal Information
7.1 For information
about ArtJoolree Blog’s data protection practices, please read our privacy
policy. This policy explains how ArtJoolree Blog treats your personal
information, and protects your privacy, when you use the Services.
7.2 You agree to the
use of your data in accordance with ArtJoolree Blog’s privacy policies.
8.
Content in the Services
8.1 You understand
that all information (such as data files, written text, computer software,
music, audio files or other sounds, photographs, videos or other images) which
you may have access to as part of, or through your use of, the Services are the
sole responsibility of the person from which such content originated. All such
information is referred to below as the “Content”.
8.2 You should be
aware that Content presented to you as part of the Services, including but not
limited to advertisements in the Services and sponsored Content within the Services
may be protected by intellectual property rights which are owned by the
sponsors or advertisers who provide that Content to ArtJoolree Blog (or by
other persons or companies on their behalf). You may not modify, rent, lease,
loan, sell, distribute or create derivative works based on this Content (either
in whole or in part) unless you have been specifically told that you may do so
by ArtJoolree Blog or by the owners of that Content, in a separate agreement.
8.3 ArtJoolree Blog
reserves the right (but shall have no obligation) to pre-screen, review, flag,
filter, modify, refuse or remove any or all Content from any Service. For some
of the Services, ArtJoolree Blog may provide tools to filter out explicit
content. These tools include the SafeSearch preference settings. In addition,
there are commercially available services to limit access to material that you
may find objectionable.
8.4 You understand
that by using the Services you may be exposed to Content that you may find
offensive, indecent or objectionable and that, in this respect, you use the
Services at your own risk.
8.5 You agree that
you are solely responsible for (and that ArtJoolree Blog has no responsibility
to you or to any third party for) any Content that you create, transmit or display
while using the Services and for the consequences of your actions (including
any loss or damage which ArtJoolree Blog may suffer) by doing so.
9.
Proprietary Rights
9.1 You acknowledge
and agree that ArtJoolree Blog own all legal right, title and interest in and
to the Services, including any intellectual property rights which subsist in
the Services (whether those rights happen to be registered or not, and wherever
in the world those rights may exist). You further acknowledge that the Services
may contain information which is designated confidential by ArtJoolree Blog and
that you shall not disclose such information without ArtJoolree Blog prior
written consent.
9.2 Unless you have
agreed otherwise in writing with ArtJoolree Blog, nothing in the Terms gives
you a right to use any of ArtJoolree Blog’s trade names, trade marks, service
marks, logos, domain names, and other distinctive brand features.
9.3 If you have been
given an explicit right to use any of these brand features in a separate
written agreement with ArtJoolree Blog, then you agree that your use of such
features shall be in compliance with that agreement, any applicable provisions
of the Terms, and ArtJoolree Blog's brand feature use guidelines as updated
from time to time.
9.4 ArtJoolree Blog
acknowledges and agrees that it obtains no right, title or interest from you
(or your licensors) under these Terms in or to any Content that you submit,
post, transmit or display on, or through, the Services, including any intellectual
property rights which subsist in that Content (whether those rights happen to
be registered or not, and wherever in the world those rights may exist). Unless
you have agreed otherwise in writing with ArtJoolree Blog, you agree that you
are responsible for protecting and enforcing those rights and that ArtJoolree
Blog has no obligation to do so on your behalf.
9.5 You agree that
you shall not remove, obscure, or alter any proprietary rights notices
(including copyright and trade mark notices) which may be affixed to or
contained within the Services.
9.6 Unless you have
been expressly authorized to do so in writing by ArtJoolree Blog, you agree
that in using the Services, you will not use any trade mark, service mark,
trade name, logo of any company or organization in a way that is likely or
intended to cause confusion about the owner or authorized user of such marks,
names or logos.
10.
Content License from You
10.1 You retain
copyright and any other rights you already hold in Content or Blog Article which
you submit, post or display on or through, the Services. By submitting, posting
or displaying the content you give ArtJoolree Blog a perpetual, irrevocable,
worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify,
translate, publish, publicly perform, publicly display and distribute any
Content which you submit, post or display on or through, the Services. This
license is for the sole purpose of enabling ArtJoolree.com Blog to display,
distribute and promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
10.2 You agree that
this license includes a right for ArtJoolree.com Blog to make such Content
available to other companies, organizations or individuals with whom ArtJoolree.com
Blog has relationships for the provision of syndicated services, and to use
such Content in connection with the provision of those services.
10.3 You understand
that ArtJoolree.com Blog, in performing the required technical steps to provide
the Services to our users, may (a) transmit or distribute your Content over
various public networks and in various media; and (b) make such changes to your
Content as are necessary to conform and adapt that Content to the technical
requirements of connecting networks, devices, services or media. You agree that
this license shall permit ArtJoolree.com Blog to take these actions.
10.4 You confirm and
warrant to ArtJoolree.com Blog that you have all the rights, power and
authority necessary to grant the above license.
11.
Ending Your Relationship with ArtJoolree.com Blog
11.1 The Terms will
continue to apply until terminated by either you or ArtJoolree.com Blog as set
out below.
11.2 If you want to
terminate your legal agreement with ArtJoolree.com Blog, you may do so by (a)
notifying ArtJoolree.com Blog at any time and (b) closing your accounts for all
of the Services which you use, where ArtJoolree.com Blog has made this option
available to you. Your notice should be sent, in writing, to ArtJoolree.com
Blog’s email address.
11.3
ArtJoolree.com Blog may at any time, terminate its legal agreement with you if:
(A) you have breached
any provision of the Terms (or have acted in manner which clearly shows that
you do not intend to, or are unable to comply with the provisions of the
Terms); or
(B) ArtJoolree.com
Blog is required to do so by law (for example, where the provision of the
Services to you is, or becomes, unlawful); or
(C) the partner with
whom ArtJoolree.com Blog offered the Services to you has terminated its
relationship with ArtJoolree.com Blog or ceased to offer the Services to you;
or
(D) ArtJoolree.com
Blog is transitioning to no longer providing the Services to users in the
country in which you are resident or from which you use the service; or
11.4 Nothing in this
Section shall affect ArtJoolree.com Blog’s rights regarding provision of
Services under Section 4 of the Terms.
11.5 When these Terms
come to an end, all of the legal rights, obligations and liabilities that you
and ArtJoolree.com Blog have benefited from, been subject to (or which have
accrued over time whilst the Terms have been in force) or which are expressed
to continue indefinitely, shall be unaffected by this cessation, and the
provisions of General Legal Terms shall continue to apply to such rights,
obligations and liabilities indefinitely.
12.
EXCLUSION OF WARRANTIES
12.1 NOTHING IN THESE
TERMS, INCLUDING SECTIONS EXCLUSION OF WARRANTIES AND LIMITATION OF
LIABILITIES, SHALL EXCLUDE OR LIMIT ArtJoolree.com Blog's WARRANTY OR LIABILITY
FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE
CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH
ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE
LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12.2 YOU EXPRESSLY
UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND
THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.”
12.3 IN PARTICULAR, ArtJoolree.com
Blog, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR
WARRANT TO YOU THAT:
(A) YOUR USE OF THE
SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE
SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION
OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
(D) THAT DEFECTS IN
THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICES WILL BE CORRECTED.
12.4 ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
12.5 NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ArtJoolree.com Blog
OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TERMS.
12.6 ArtJoolree.com
Blog FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
AND NON-INFRINGEMENT.
13.
LIMITATION OF LIABILITY
13.1 SUBJECT TO
OVERALL PROVISION IN EXCLUSION OF WARRANTIES, YOU EXPRESSLY UNDERSTAND AND
AGREE THAT ArtJoolree.com Blog, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE
INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL
INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY
OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA
SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER
INTANGIBLE LOSS;
(B) ANY LOSS OR
DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR
DAMAGE AS A RESULT OF:
(I) ANY RELIANCE
PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR
AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER
OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES
WHICH ArtJoolree.com Blog MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR
TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN
THE SERVICES);
(III) THE DELETION
OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS
DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO
PROVIDE ArtJoolree.com Blog WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO
KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
13.2 THE LIMITATIONS
ON ArtJoolree.com Blog's LIABILITY TO YOU SHALL APPLY WHETHER OR NOT ArtJoolree.com
Blog HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY
SUCH LOSSES ARISING.
14.
Copyright and Trade Mark Policies
14.1 It is ArtJoolree.com
Blog’s policy to respond to notices of alleged copyright infringement that
comply with applicable international intellectual property law (including, in
the United States, the Digital Millennium Copyright Act) and to terminating the
accounts of repeat infringers. Details of ArtJoolree.com Blog’s policy can be
found at ArtJoolree.com Blog Disclaimer Policy.
14.2 ArtJoolree.com
Blog operates a trade mark complaints procedure in respect of ArtJoolree.com
Blog’s advertising business. For complaints you can contact us at http://www.artjoolree.com/p/blog-page.html
15.
Advertisements
15.1 Some of the
Services are supported by advertising revenue and may display advertisements
and promotions. These advertisements may be targeted to the content of
information stored on the Services, queries made through the Services or other
information.
15.2 The manner, mode
and extent of advertising by ArtJoolree.com Blog on the Services are subject to
change without specific notice to you.
15.3 In consideration
for ArtJoolree.com Blog granting you access to and use of the Services, you
agree that ArtJoolree.com Blog may place such advertising on the Services.
16.
Other Content
16.1 The Services may
include hyperlinks to other web sites or content or resources. ArtJoolree.com
Blog may have no control over any web sites or resources which are provided by
companies or persons other than ArtJoolree.com Blog.
16.2 You acknowledge
and agree that ArtJoolree.com Blog is not responsible for the availability of
any such external sites or resources, and does not endorse any advertising,
products or other materials on or available from such web sites or resources.
16.3 You acknowledge
and agree that ArtJoolree.com Blog is not liable for any loss or damage which
may be incurred by you as a result of the availability of those external sites
or resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or
available from, such web sites or resources.
17.
Changes to the Terms
17.1 ArtJoolree.com
Blog may make changes to the Universal Terms or Additional Terms from time to
time. When these changes are made, ArtJoolree.com Blog will make a new copy of
the Universal Terms and any new Additional Terms will be made available to you
from within, or through, the affected Services.
17.2 You understand
and agree that if you use the Services after the date on which the Universal
Terms or Additional Terms have changed, ArtJoolree.com Blog will treat your use
as acceptance of the updated Universal Terms or Additional Terms.
18.
General Legal Terms
18.1 Sometimes when
you use the Services, you may (as a result of, or through your use of the
Services) use a service, or purchase goods, which are provided by another
person or company. Your use of these other services, software or goods may be
subject to separate terms between you and the company or person concerned. If
so, the Terms do not affect your legal relationship with these other companies
or individuals.
18.2 The Terms
constitute the whole legal agreement between you and ArtJoolree.com Blog and
govern your use of the Services (but excluding any services which ArtJoolree.com
Blog may provide to you under a separate written agreement), and completely
replace any prior agreements between you and ArtJoolree.com Blog in relation to
the Services.
18.3 You agree that ArtJoolree.com
Blog may provide you with notices, including those regarding changes to the
Terms, by email, regular mail, or postings on the Services.
18.4 You agree that
if ArtJoolree.com Blog does not exercise or enforce any legal right or remedy
which is contained in the Terms (or which ArtJoolree.com Blog has the benefit
of under any applicable law), this will not be taken to be a formal waiver of ArtJoolree.com
Blog’s rights and that those rights or remedies will still be available to ArtJoolree.com
Blog.
18.5 If any court of
law, having the jurisdiction to decide on this matter, rules that any provision
of these Terms is invalid, then that provision will be removed from the Terms
without affecting the rest of the Terms. The remaining provisions of the Terms
will continue to be valid and enforceable.
18.6 You acknowledge
and agree that each member of the group of companies of which ArtJoolree.com
Blog is the parent shall be third party beneficiaries to the Terms and that
such other companies shall be entitled to directly enforce, and rely upon, any
provision of the Terms which confers a benefit on (or rights in favor of) them.
Other than this, no other person or company shall be third party beneficiaries
to the Terms.
18.7 The Terms, and
your relationship with ArtJoolree Blog under the Terms, shall be governed by
the laws of the Ecuador without regard to its conflict of laws provisions. You
and ArtJoolree Blog agree to submit to the exclusive jurisdiction of the
courts located within the Ecuador to resolve any legal matter arising from the
Terms. Notwithstanding this, you agree that ArtJoolree Blog shall still be
allowed to apply for injunctive remedies (or an equivalent type of urgent legal
relief) in any jurisdiction.
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