TERMS OF SERVICE
1. ACCEPTANCE OF TERMS
Integrating Artists™ provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Integrating Artists™ from time to time without notice to you. By using Integrating Artists™, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. DESCRIPTION OF SERVICE
Integrating Artists™ provides an online selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Integrating Artists™, such as service announcements and administrative messages, and that these communications are considered part of Integrating Artists™ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance Integrating Artists™ shall be subject to the TOS. You understand and agree that Integrating Artists™ is provided "AS-IS" and that Integrating Artists™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to Integrating Artists™ and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Integrating Artists™.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Integrating Artists™, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Integrating Artists™ 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 Integrating Artists™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Integrating Artists™ has the right to suspend or terminate your account and refuse any and all current or future use of Integrating Artists™ (or any portion thereof).
4. INTEGRATING ARTISTS™ PRIVACY POLICY
Registration data and certain other information about you is subject to the Integrating Artists™ Privacy Policy. For more information, see the full Integrating Artists™ Privacy Policy at
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive an account upon completing the Integrating Artists™ registration process. You are responsible for maintaining the confidentiality of the account and any related password, and are fully responsible for all activities that occur under your account.
6. 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 Integrating Artists™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Integrating Artists™ does not control the Content posted via Integrating Artists™ and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Integrating Artists™, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ArtPal 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 Integrating Artists™.
You agree to not use Integrating Artists™ to:
You acknowledge that Integrating Artists™ does not pre-screen Content, but that Integrating Artists™ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Integrating Artists™. Without limiting the foregoing, Integrating Artists™ and its designees shall have the right to remove any Content that violates the TOS 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. In this regard, you acknowledge that you may not rely on any Content created by Integrating Artists™ or submitted to Integrating Artists™. You acknowledge and agree that Integrating Artists™ may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Integrating Artists™, its users and the public.
You understand that the technical processing and transmission of Integrating Artists™, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SELLING ON Integrating Artists™
If you use Integrating Artists™ to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older. As the Seller, upon receiving a new order, you must promptly accept the order or, with good reason, decline the order. Upon accepting an order, you must promptly ship the correct item(s) in good faith to the Buyer, unless a delay is requested by the Buyer. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by Integrating Artists™, Integrating Artists™ and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. You are responsible for any payment reversals or chargebacks related to items you're selling. You are responsible for any payment reversals, chargebacks, refunds, or replacements related to Print-on-Demand items that are due to you providing an image of insufficient quality, including but not limited to, watermarks, poor cropping, blurriness, insufficient resolution, and insufficent photography/scan quality.
8. 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 States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON Integrating Artists™
Integrating Artists™ does not claim ownership of Content you submit or make available for inclusion on Integrating Artists™. With respect to Content you submit or make available for inclusion on publicly accessible areas of Integrating Artists™, you grant Integrating Artists™ the following worldwide, royalty free and non-exclusive license(s), as applicable:
10. INDEMNITY
You agree to indemnify and hold Integrating Artists™, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless 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 Integrating Artists™, your use of Integrating Artists™, your connection to Integrating Artists™, your violation of the TOS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Integrating Artists™ may establish general practices and limits concerning use of Integrating Artists™, including without limitation the maximum number of days that uploaded Content will be retained by Integrating Artists™, the maximum disk space that will be allotted on the Integrating Artists™ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Integrating Artists™ in a given period of time. You agree that Integrating Artists™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Integrating Artists™. You acknowledge that Integrating Artists™ reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Integrating Artists™ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Integrating Artists™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Integrating Artists™ (or any part thereof) with or without notice. You agree that Integrating Artists™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of Integrating Artists™.
13. TERMINATION AND CANCELLATION
You agree that Integrating Artists™, in its sole discretion, may terminate your password, account (or any part thereof) or use of Integrating Artists™, and remove and discard any Content within Integrating Artists™, for any reason, including, without limitation, for lack of use or if Integrating Artists™ believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Integrating Artists™ may also in its sole discretion and at any time discontinue providing Integrating Artists™, or any part thereof, with or without notice. You agree that any termination of your access to Integrating Artists™ under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Integrating Artists™ may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or Integrating Artists™. Further, you agree that Integrating Artists™ shall not be liable to you or any third-party for any termination of your access to Integrating Artists™.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Integrating Artists™, 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 Integrating Artists™ 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 Integrating Artists™.
15. LINKS
Integrating Artists™ may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Integrating Artists™ has no control over such sites and resources, you acknowledge and agree that Integrating Artists™ 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 Integrating Artists™ 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.
16. PROPRIETARY RIGHTS OF Integrating Artists™
You acknowledge and agree that Integrating Artists™ and any necessary software used in connection with Integrating Artists™ ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Integrating Artists™ or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Integrating Artists™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Integrating Artists™ or the Software, in whole or in part.
Integrating Artists™ 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 Integrating Artists™. You agree not to access Integrating Artists™ by any means other than through the interface that is provided by Integrating Artists™ for use in accessing Integrating Artists™.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEGRATING ARTISTS™ 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 (EVEN IF INTEGRATING ARTISTS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE INTEGRATING ARTISTS™; (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 INTEGRATING ARTISTS™; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ARTPAL; OR (v) ANY OTHER MATTER RELATING TO INTEGRATING ARTISTS™.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
The TOS may be updated by ArtPal from time to time without notice to you. Notices to you may be made via either email or regular mail. ArtPal may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on ArtPal.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Integrating Artists™ and govern your use of Integrating Artists™, superceding any prior agreements between you and Integrating Artists™. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and Integrating Artists™ shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Integrating Artists™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Integrating Artists™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Integrating Artists™ or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
1. ACCEPTANCE OF TERMS
Integrating Artists™ provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by Integrating Artists™ from time to time without notice to you. By using Integrating Artists™, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. DESCRIPTION OF SERVICE
Integrating Artists™ provides an online selling and buying service (the "Service"). You understand and agree that you may receive certain communications from Integrating Artists™, such as service announcements and administrative messages, and that these communications are considered part of Integrating Artists™ membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance Integrating Artists™ shall be subject to the TOS. You understand and agree that Integrating Artists™ is provided "AS-IS" and that Integrating Artists™ assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to Integrating Artists™ and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access Integrating Artists™.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Integrating Artists™, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Integrating Artists™ 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 Integrating Artists™ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Integrating Artists™ has the right to suspend or terminate your account and refuse any and all current or future use of Integrating Artists™ (or any portion thereof).
4. INTEGRATING ARTISTS™ PRIVACY POLICY
Registration data and certain other information about you is subject to the Integrating Artists™ Privacy Policy. For more information, see the full Integrating Artists™ Privacy Policy at
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive an account upon completing the Integrating Artists™ registration process. You are responsible for maintaining the confidentiality of the account and any related password, and are fully responsible for all activities that occur under your account.
6. 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 Integrating Artists™, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Integrating Artists™ does not control the Content posted via Integrating Artists™ and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using Integrating Artists™, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will ArtPal 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 Integrating Artists™.
You agree to not use Integrating Artists™ to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Integrating Artists™ employee or member, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through Integrating Artists™;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of unauthorized solicitation;
- upload, post, email, transmit or otherwise make available 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;
- interfere with or disrupt Integrating Artists™ or servers or networks connected to Integrating Artists™, or disobey any requirements, procedures, policies or regulations of networks connected to Integrating Artists™;
- intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
- "stalk" or otherwise harass another.
You acknowledge that Integrating Artists™ does not pre-screen Content, but that Integrating Artists™ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Integrating Artists™. Without limiting the foregoing, Integrating Artists™ and its designees shall have the right to remove any Content that violates the TOS 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. In this regard, you acknowledge that you may not rely on any Content created by Integrating Artists™ or submitted to Integrating Artists™. You acknowledge and agree that Integrating Artists™ may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Integrating Artists™, its users and the public.
You understand that the technical processing and transmission of Integrating Artists™, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SELLING ON Integrating Artists™
If you use Integrating Artists™ to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older. As the Seller, upon receiving a new order, you must promptly accept the order or, with good reason, decline the order. Upon accepting an order, you must promptly ship the correct item(s) in good faith to the Buyer, unless a delay is requested by the Buyer. You acknowledge and agree that you will promptly issue refunds when appropriate. If deemed necessary by Integrating Artists™, Integrating Artists™ and its designees shall have the right to issue a refund on behalf of the Seller without the consent of the Seller. You are responsible for any payment reversals or chargebacks related to items you're selling. You are responsible for any payment reversals, chargebacks, refunds, or replacements related to Print-on-Demand items that are due to you providing an image of insufficient quality, including but not limited to, watermarks, poor cropping, blurriness, insufficient resolution, and insufficent photography/scan quality.
8. 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 States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON Integrating Artists™
Integrating Artists™ does not claim ownership of Content you submit or make available for inclusion on Integrating Artists™. With respect to Content you submit or make available for inclusion on publicly accessible areas of Integrating Artists™, you grant Integrating Artists™ the following worldwide, royalty free and non-exclusive license(s), as applicable:
- With respect to Content you submit or make available for inclusion on publicly accessible areas of Integrating Artists™, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on Integrating Artists™. This license exists only for as long as you elect to continue to include such Content on Integrating Artists™ and will terminate at the time you remove or Integrating Artists™ removes such Content from Integrating Artists™.
- With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of Integrating Artists™, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
10. INDEMNITY
You agree to indemnify and hold Integrating Artists™, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless 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 Integrating Artists™, your use of Integrating Artists™, your connection to Integrating Artists™, your violation of the TOS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Integrating Artists™ may establish general practices and limits concerning use of Integrating Artists™, including without limitation the maximum number of days that uploaded Content will be retained by Integrating Artists™, the maximum disk space that will be allotted on the Integrating Artists™ servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access Integrating Artists™ in a given period of time. You agree that Integrating Artists™ has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by Integrating Artists™. You acknowledge that Integrating Artists™ reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Integrating Artists™ reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Integrating Artists™ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Integrating Artists™ (or any part thereof) with or without notice. You agree that Integrating Artists™ shall not be liable to you or to any third party for any modification, suspension or discontinuance of Integrating Artists™.
13. TERMINATION AND CANCELLATION
You agree that Integrating Artists™, in its sole discretion, may terminate your password, account (or any part thereof) or use of Integrating Artists™, and remove and discard any Content within Integrating Artists™, for any reason, including, without limitation, for lack of use or if Integrating Artists™ believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Integrating Artists™ may also in its sole discretion and at any time discontinue providing Integrating Artists™, or any part thereof, with or without notice. You agree that any termination of your access to Integrating Artists™ under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Integrating Artists™ may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or Integrating Artists™. Further, you agree that Integrating Artists™ shall not be liable to you or any third-party for any termination of your access to Integrating Artists™.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Integrating Artists™, 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 Integrating Artists™ 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 Integrating Artists™.
15. LINKS
Integrating Artists™ may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Integrating Artists™ has no control over such sites and resources, you acknowledge and agree that Integrating Artists™ 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 Integrating Artists™ 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.
16. PROPRIETARY RIGHTS OF Integrating Artists™
You acknowledge and agree that Integrating Artists™ and any necessary software used in connection with Integrating Artists™ ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through Integrating Artists™ or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Integrating Artists™ or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Integrating Artists™ or the Software, in whole or in part.
Integrating Artists™ 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 Integrating Artists™. You agree not to access Integrating Artists™ by any means other than through the interface that is provided by Integrating Artists™ for use in accessing Integrating Artists™.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF INTEGRATING ARTISTS™ IS AT YOUR SOLE RISK. INTEGRATING ARTISTS™ IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. INTEGRATING ARTISTS™ 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.
- INTEGRATING ARTISTS™ MAKES NO WARRANTY THAT (i) INTEGRATING ARTISTS™ WILL MEET YOUR REQUIREMENTS, (ii) ARTPAL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF INTEGRATING ARTISTS™ WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH INTEGRATING ARTISTS™ WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF INTEGRATING ARTISTS™ 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.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM INTEGRATING ARTISTS™ SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTEGRATING ARTISTS™ 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 (EVEN IF INTEGRATING ARTISTS™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE INTEGRATING ARTISTS™; (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 INTEGRATING ARTISTS™; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ARTPAL; OR (v) ANY OTHER MATTER RELATING TO INTEGRATING ARTISTS™.
19. 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 17 AND 18 MAY NOT APPLY TO YOU.
20. NOTICE
The TOS may be updated by ArtPal from time to time without notice to you. Notices to you may be made via either email or regular mail. ArtPal may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on ArtPal.
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Integrating Artists™ and govern your use of Integrating Artists™, superceding any prior agreements between you and Integrating Artists™. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and Integrating Artists™ shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Integrating Artists™ agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Los Angeles, California. The failure of Integrating Artists™ to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Integrating Artists™ or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.