This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at any time and for any reason in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless otherwise permitted as an authorized user and in accordance with the terms of the License Agreement.
The Company name, the terms ArtBinder, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website contains software applications (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken by the company/any of the foregoing parties during or as a result of its investigations and from any actions taken as a consequence of investigations by either the Company/such parties or law enforcement authorities.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
The Website contains links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of New York in the United States. Access to the Website outside of the United States may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
Your use of the Website, its content and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the company represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.
The Company hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.
The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
In no event will the Company, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites or any services or items obtained through the Website or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
This website is operated by ArtBinder Inc located at 508 W. 26th Street, Suite 4G, New York, NY 10001.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Thank you for visiting the Website.
ArtBinder, Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.artbinder.com (our “Website”), the ArtBinder Application, the ArtBinder Viewer Application and any mobile and/or desktop applications you download from our Website or other sources, and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy also describes how you can update, manage and delete your information.
This policy applies to information we collect:
It does not apply to information collected by:
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at email@example.com.
We collect personal information from and about users of our Website. This personal information we collect includes (without limitation) the kinds described below:
Personal information you give us when you use our Website:
We also collect information about your interaction with our Website. This is typically information we receive from your computer or other devices, including your mobile devices. This includes:
If you choose to login using a social media account such as Facebook, LinkedIn, Twitter or Google +, you authorize us to access and use certain account information, including but not limited to your public account profile and information about friends you might share in common with other Website users.
We collect this information:
Information You Provide to Us. The information we collect on or through our Website may include:
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or the general public with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
When providing us with User Contributions or causing content to be posted using our Website, you grant us a non-exclusive, worldwide, perpetual irrevocable, royalty-free, sublicensable right to (and to permit users and other third parties to) exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicenses, or our assignees.
Usage Details, IP Addresses And Cookies, and Other Tracking Technologies. As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:
The technologies we use for this automatic data collection may include:
We may tie information collected by the above means to personal information about you that we collect from other sources or you provide to us.
We may use historical information to better understand how our Website and other services are used, and to improve them. We delete personal information when all purposes of the personal-information processing have been fulfilled.
We use information that we collect about you or that you provide to us, including any personal information:
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may also disclose your personal information:
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org
We may collect personally identifiable information about an individual user's online activities over time and across different web sites when a user uses the Website. If you choose to operate your web browser “do not track” signals or any other mechanism that provides users the ability to exercise choice regarding the collection of such information, we will abide by your request and stop collecting such information. We may allow third parties, such as such as companies that provide us with analytics tools, to collect personally identifiable information about an individual user's online activities over time and across different web sites when a consumer uses the Website.
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Please send all DMCA Notices to:ArtBinder, Inc.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
Completed Counter-Notices should be sent to:ArtBinder, Inc.
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
The ArtBinder software application (“ArtBinder Application”) and the ArtBinder Viewer software application (“Viewer Application,” together with the ArtBinder Application and any other subscription based software application offered by ArtBinder, the “Applications”) are licensed, not sold, to you (“You” or “Your”) on a subscription basis and under the terms of this software application license agreement (this “Agreement”), made between You and ArtBinder Inc (“Company”), as set forth below. By installing, clicking “Accept”, paying the subscription fee, or using either or both of the Applications, You shall be deemed to have agreed to all terms and conditions of this Agreement. In addition, Your use of an Application may be governed by a separate user agreement with the Company (a “User Agreement”). To the extent any of the terms or conditions of a User Agreement conflict with this Agreement, the terms and conditions of the User Agreement shall control.
1.1 The Company owns title to and all rights, including any and all copyrights, trademarks, trade secrets, patents, or other intellectual property, of the Applications.
1.2 You acknowledge and agree that the Applications are comprised of the Company’s trade secrets and other proprietary or confidential information.
2.1 The Company hereby grants You a non-exclusive, non-transferable license to use the Applications limited by the terms and conditions of this Agreement and your applicable subscription pricing plan.
2.2 You agree not to:
2.2.1 assign, delegate, or transfer the rights or obligations under this Agreement to any other third party;
2.2.2 modify, translate, reverse engineer, or disassemble the Applications or any portion thereof;
2.2.3 sell, rent, transfer, lease, or sub-license the Applications or any portion thereof, or the rights, obligations, and license granted hereunder to any third party;
2.2.4 copy and create derivative works from the Applications or any portion thereof, including but not limited to its source code, images, text, or design;
2.2.5 distribute the Applications or any portion thereof in violation of this Agreement;
2.2.6 use the Applications to engage in or further any illegal activity;
2.2.7 use the Applications to violate any legal right of any third party, including but not limited to copyright, trademark, right of publicity, privacy, or other intellectual property right;
2.2.8 use the Applications to harass, intimidate, or defame any third party; and
2.2.9 otherwise use the Applications in violation of any provision in this Agreement.
3.1 The Applications allow You to import and use images, text, and other data (“Imported Content”) on the Applications. Imported Content is encrypted using an SSL connection and stored on third party servers.
3.2 You represent and warrant that You own, control, have legal access to and/or right to use any and all Imported Content. In the event, the title, ownership rights and/or intellectual property rights to Imported Content is the property of any third party, You represent and warrant You have the right to use and to license such Imported Content in connection with Your use of the Applications.
3.3 Whether You are the owner of the Imported Content or the Imported Content is owned by a third party, You hereby grant the Company a non-exclusive license to use, store, copy, modify, distribute, publicly perform, publicly display, and make derivative works from Imported Content, in perpetuity and worldwide solely for the purpose of operating, developing, providing and using the Applications and the Company website. Nothing in this Agreement shall restrict other legal rights the Company may have to Imported Content, for example under other licenses.
3.4 You agree that You will not modify, display, distribute, or otherwise use Imported Content in any way that infringes on any third party rights, including intellectual property rights.
3.5 The Company reserves the right to remove or modify Imported Content for any reason, including Imported Content that Company believes violates this Agreement or our policies.
3.6 Following termination or deactivation of your subscription, or if you remove any Imported Content from the Applications, the Company may retain Your Imported Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, the Company and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of Your Imported Content that other users have stored or shared through the Applications.
4.1 You agree to pay a subscription fee as further described on our website, www.artbinder.com, and/or pursuant to a User Agreement, and in conjunction with the terms and conditions therein.
4.2 You agree that the Company may change the subscription fees for any Application at any time and for any reason, unless provided for otherwise in a User Agreement. Any such change shall be posted on the Company’s website. You agree that your continued use of any Application following such posted changes shall be deemed to be your consent to such changes for use of any Application thereafter.
5.1 The Company accepts the following forms of payment: Visa, American Express, and MasterCard credit cards, and Braintree.
5.2 You agree that you will pay for Your subscription and any applicable taxes or duties in full, and that you allow the Company to charge any additional fees accrued by Your account to the credit card, debit card, or Braintree account on file with Your account. You are responsible for providing a valid form of payment and making timely payments. If your subscription is for a premium version of an Application, you acknowledge and agree that you will be obligated to pay for a full year of fees for such premium version following the date of subscription, and that the Company may charge all such fees to the credit card, debit card, or Braintree account on file with your account according to the payment schedule as further described on our website, www.artbinder.com. Your obligation to pay any such fees shall survive any termination of this Agreement.
6.1 All subscriptions are non-refundable.
7.1 You agree that the use of the Applications and its services is solely at your own risk.
7.2 The Company offers the Applications “as is.” The Company, and its affiliates, employees or agents, disclaim all warranties and conditions with respect to the Applications, express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. The Company does not warrant against and will not be held liable for, regardless of the cause or duration, any errors, inaccuracies, incompatibilities, failures, system crashes or omissions in the running of the Applications on one or more of Your iPads or other applicable electronic device.
8.1 You expressly understand and agree that the Company and its subsidiaries, affiliates, members, managers, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, and data, business interruption or other commercial losses resulting from use of or inability to use the applications or any related services.
9.1 This Agreement shall commence upon Your assent and continue until terminated by either You or the Company. You may terminate this Agreement at any time by deleting and/or destroying the Applications and any copies thereof. The Company may terminate this Agreement at any time and all rights or licenses granted hereunder at its sole discretion and without notice to You.
9.2 Termination of this Agreement may result in deactivation of Your account. You understand that if Your account is deactivated, You may not be able to access or remove any content You imported or stored in the Applications.
9.3 If the Company withdraws or terminates this Website, it shall give You at least thirty (30) days advice notice of such withdrawal or termination to allow You to retrieve your Imported Content.
You agree to indemnify and hold ArtBinder Inc, its members, managers, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
This Agreement, the entire relationship between You and the Company, and any dispute arising between You and the Company (whether based in contract, tort, law or equity) shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its conflicts of law principles.
If a provision of this Agreement is held unenforceable or invalid, such provision shall be struck and not affect the validity of any other provision in the Agreement.
13.1 You and the Company (“Parties”) shall first attempt to resolve any and all disputes arising out of or in connection with this Agreement by amicable negotiations.
13.2 If either Party gives written notice (the “Written Notice”) to the other Party that a dispute has arisen, and the Parties are unable within sixty (60) days of the Written Notice to resolve the dispute, then, upon notice by either Party to the other, any disputes shall be finally resolved by arbitration in accordance with the rules of the American Arbitration Association.
13.2.1 The number of arbitrators shall be one (1).
13.2.2 The place of arbitration shall be New York, NY.
13.2.3 The language of the arbitration shall be in English.
13.3 If You have a dispute with a third party regarding the Applications, You hereby release the Company, its members, managers, agents, subsidiaries, joint ventures and employees, from claims, demands and damages arising out of or in any way connected with such disputes.
If a provision of this Agreement is held unenforceable or invalid, such provision shall be struck and not affect the validity of any other provision in the Agreement.
15.1 The terms of this Agreement will govern any upgrades provided by the Company that replace and/or supplement the Application, unless such upgrade is accompanied by a separate license agreement in which case the terms of that agreement will govern.
15.2 You agree that the Company may modify this Agreement at its sole discretion.
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