Terms of Service
MyArtProfile.com is a social networking service that allows Members to create unique personal profiles online in order to find and communicate with old and new friends. The Services offered by MyArtProfile.com ("MyArtProfile.com " or "we") include the MyArtProfile.com Website (the "Website"), the MyArtProfile.com and any other features, content, or applications offered from time to time by MyArtProfile.com in connection with the Website (collectively, the "Services").
MyArtProfile.com may modify this Agreement from time to time and such modification shall be effective upon posting by MyArtProfile.com on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on MyArtProfile.com and that you provide to other Users. Your MyArtProfile.com profile may not include the following items: telephone numbers, street addresses and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other Members (for instance, in their Profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and MyArtProfile.com assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact MyArtProfile.com or click on the Report Inappropriate Content link at the bottom of any MyArtProfile.com page.
MyArtProfile.com reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age.
This Agreement shall remain in full force and effect while you use the Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. MyArtProfile.com may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17.
MyArtProfile.com does not charge any fees to artists for the use of this site.
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify MyArtProfile.com immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
5. Non-Commercial Use by Members
The Services are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by MyArtProfile.com. Illegal and/or unauthorized use of the Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
6. Proprietary Rights in Content on MyArtProfile.com.
6.1. By displaying or publishing ("posting") any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, "Content") on or through the Services, you hereby grant to MyArtProfile.com, a non-exclusive, fully-paid and royalty-free, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on and through the Services. This license will terminate at the time you remove such Content from the Services. You represent and warrant that: (i) you own the Content posted by you on or through the Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Services.
6.2. The Services contain Content of MyArtProfile.com ("MyArtProfile.com Content"). MyArtProfile.com Content is protected by copyright, trademark, patent, trade secret and other laws, and MyArtProfile.com owns and retains all rights in the MyArtProfile.com Content and the Services. MyArtProfile.com hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the MyArtProfile.com Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
6.3. The Services contain Content of Users and other MyArtProfile.com licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
6.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through MyArtProfile.com;
6.5. 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);
6.6. 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;
6.7. 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;
6.8. 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;
6.9. interfere with or disrupt MyArtProfile.com or servers or networks connected to MyArtProfile.com, or disobey any requirements, procedures, policies or regulations of networks connected to MyArtProfile.com;
6.10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law; or
6.11. "stalk" or otherwise harass another. You acknowledge that MyArtProfile.com does not pre-screen Content, but that MyArtProfile.com 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 MyArtProfile.com. Without limiting the foregoing, MyArtProfile.com 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 MyArtProfile.com or submitted to MyArtProfile.com.
You acknowledge and agree that MyArtProfile.com 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 MyArtProfile.com, its users and the public. You understand that the technical processing and transmission of MyArtProfile.com, 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 MyArtProfile.com
If you use MyArtProfile.com to sell or advertise any services or products, it is agreed that you ("Seller") must be age 18 or older. As the Seller, you must promptly ship the correct order in good faith as soon as you have accepted the order and provide the Buyer with a valid tracking number for each shipment you make. You acknowledge and agree that you will promptly issue refunds when appropriate.
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 Kingdom or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON MyArtProfile.com
MyArtProfile.com does not claim ownership of Content you submit or make available for inclusion on MyArtProfile.com. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of MyArtProfile.com, you grant MyArtProfile.com the following world-wide, 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 MyArtProfile.com, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on MyArtProfile.com. This license exists only for as long as you elect to continue to include such Content on MyArtProfile.com and will terminate at the time you remove or MyArtProfile.com removes such Content from MyArtProfile.com.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of MyArtProfile.com, the perpetual, irrevocable and fully sub licensable 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. "Publicly accessible" areas of MyArtProfile.com are those areas that are intended by MyArtProfile.com to be available to the general public.
You agree to indemnify and hold MyArtProfile.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through MyArtProfile.com, your use of MyArtProfile.com, your connection to MyArtProfile.com, your violation of the TOS, or your violation of any rights of another.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MyArtProfile.com may establish general practices and limits concerning use of MyArtProfile.com, including without limitation the maximum number of days that uploaded Content will be retained by MyArtProfile.com, the maximum disk space that will be allotted on the MyArtProfile.com servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access MyArtProfile.com in a given period of time. You agree that MyArtProfile.com has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by MyArtProfile.com. You acknowledge that MyArtProfile.com reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MyArtProfile.com 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
MyArtProfile.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, MyArtProfile.com (or any part thereof) with or without notice. You agree that MyArtProfile.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of MyArtProfile.com.
13. TERMINATION AND CANCELLATION
You agree that MyArtProfile.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of MyArtProfile.com, and remove and discard any Content within MyArtProfile.com, for any reason, including, without limitation, for lack of use or if MyArtProfile.com believes that you have violated or acted inconsistently with the letter or spirit of the TOS. MyArtProfile.com may also in its sole discretion and at any time discontinue providing MyArtProfile.com, or any part thereof, with or without notice. You agree that any termination of your access to MyArtProfile.com under any provision of this TOS may be effected without prior notice, and acknowledge and agree that MyArtProfile.com 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 MyArtProfile.com. Further, you agree that MyArtProfile.com shall not be liable to you or any third-party for any termination of your access to MyArtProfile.com. To cancel your account, you are required to use the "Cancel" page . Any other form of cancellation request may or may not be accepted or processed, including but not limited to, cancellation requests via email, mail, or phone.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through MyArtProfile.com, 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 MyArtProfile.com 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 MyArtProfile.com.
MyArtProfile.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MyArtProfile.com has no control over such sites and resources, you acknowledge and agree that MyArtProfile.com 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 MyArtProfile.com 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 MYARTPROFILE LTD.
You acknowledge and agree that MyArtProfile.com and any necessary software used in connection with MyArtProfile.com ("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 MyArtProfile.com or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by MyArtProfile.com or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on MyArtProfile.com or the Software, in whole or in part.
MyArtProfile.com 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 MyArtProfile.com. You agree not to access MyArtProfile.com by any means other than through the interface that is provided by MyArtProfile.com for use in accessing MyArtProfile.com.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF MyArtProfile.com IS AT YOUR SOLE RISK. MyArtProfile.com IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MyArtProfile.com 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.
2. MyArtProfile.com MAKES NO WARRANTY THAT (i) MyArtProfile.com WILL MEET YOUR REQUIREMENTS, (ii) MyArtProfile.com WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF MyArtProfile.com WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH MyArtProfile.com WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MyArtProfile.com 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.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM MyArtProfile.com SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MyArtProfile.com 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 MyArtProfile.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE MyArtProfile.com; (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 MyArtProfile.com; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON MyArtProfile.com; OR (v) ANY OTHER MATTER RELATING TO MyArtProfile.com.
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.
Notices to you may be made via either email or regular mail. MyArtProfile.com may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on MyArtProfile.com.
21. TRADEMARK INFORMATION
MyArtProfile.com is a registered trademark of MyArtProfile Ltd. Without prior permission from MyArtProfile.com, you agree not to display or use in any manner, the MyArtProfile.com trademark.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide MyArtProfile.com with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Notice of copyright or other intellectual property infringement can be sent to MyArtProfile.com as follows:
Attn: Copyright Agent
23. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MyArtProfile.com and govern your use of MyArtProfile.com, superseding any prior agreements between you and MyArtProfile.com. 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 MyArtProfile.com shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You and MyArtProfile.com agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. The failure of MyArtProfile.com 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 endeavour 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 MyArtProfile.com 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.
Please report any violations of the TOS to support@MyArtProfile.com.