USER AGREEMENT This Agreement sets forth the terms and conditions which apply to your use of the Site (as defined below) 1. Definitions (a) “Magazine” refers to Art in America, and/or to Brant Publications, Inc. and/or its affiliates. (b) "Site" refers to any and all websites, on-line areas or services, and any subscription or other paid products and services offered or available on the interactive online service operated by the Magazine on the Internet. It is understood that the Site consists of information services and content provided both by the Magazine and by third parties. (c) "Participatory Areas" refers to any and all bulletin boards, chat rooms and other user participatory areas on the Site. (d) “Member Guidelines” refers to the day-to-day rules, guidelines and/or codes of conduct that the Magazine may establish from time to time in order to inform users as to how they are expected and required to use the Site. The Member Guidelines currently in effect will be deemed part of this Agreement. (e) “Privacy Policy” refers to the policy that the Magazine may establish from time to time with respect to the protection and use of information obtained from users of the Site. The Privacy Policy currently in effect will be deemed part of this Agreement. 2. General The right to use the Site is personal to you and cannot be transferred to any other person or entity. The Magazine will have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the Participatory Areas, content, hours of availability, and equipment needed for access or use. Such changes, modifications, additions, deletions or other revisions will be effective immediately upon notice, which may be given by any customary means, such as posting on the Participatory Areas a revised version of this Agreement or notification by electronic mail. Any use by you of the Participatory Areas after such notice is given will conclusively be deemed to constitute your acceptance of the revisions in question. You agree to review the terms and conditions of this Agreement periodically in order to be aware of such revisions. 3. Use of the Site and the Participatory Areas (a) The Participatory Areas may be used only for lawful purposes. No material may be posted on or transmitted through the Participatory Areas which violates or infringes in any way upon the rights of others or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, or which encourages conduct that would constitute a criminal offense or be physically dangerous, or that gives rise to civil liability or otherwise violates any law. No conduct may be undertaken that, in the Magazine's sole judgment, restricts or inhibits any other user from using or enjoying the Participatory Areas. Advertising or commercial solicitations may only be posted on or transmitted through the Participatory Areas with the Magazine's express prior approval, and only if the advertising or solicitation complies with all conditions imposed by the Magazine. (b) The Site and the Participatory Areas contain copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the entire contents of the Site are copyrighted as a collective work under the U.S. copyright laws. The copyright in the entire Site is owned by the Magazine. The Magazine also owns copyright in the selection, coordination, arrangement and enhancement of such content, and in all content that is created by the Magazine. Each third-party content licensor/provider owns the copyright in content original to it. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Site or any portion of it. Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Site without the Magazine’s express permission and, if the Magazine does not itself own the copyright, the express permission of the copyright owner. In the event of any permitted copying, redistribution or publication of material from the Site, no changes in or deletion of author attribution, trademark, legend or copyright notice will be made. You acknowledge that you will not acquire any ownership rights by downloading copyrighted material. (c) You will not upload, post or otherwise make available on the Participatory Areas any material protected by copyright, trademark or other proprietary right without the express permission of the applicable rights-holder. You are responsible for determining if any material to be posted is protected by copyright, trademark or other proprietary right and such permission is therefore required. You will be solely liable for any damages resulting from any infringement of copyright, trademark or other proprietary right, or any other harm, that results from any uploading, posting or submission by you. (e) You hereby grant to the Magazine a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any message or item posted in the Participatory Areas and/or any e-mail sent by you to the Magazine (in whole or in part) and/or to incorporate it, in whole or in part, in other works in any form, media or technology now known or later developed. (f) You may not (i) select or use a member name or e-mail address of another person with the intention of impersonating that person; (ii) use a member name or e-mail address of anyone else without authorization; (iii) use a member name in violation of the intellectual property rights of any person; or (iv) use a member name that the Magazine deems to be offensive. (g) All information provided by you to the Magazine in connection with your registration for and use of the Site will be accurate, complete and up to date at the time it is submitted. (h) The Site contain links to other websites, resources and advertisers. The Magazine is not responsible for the availability of these external sites, nor does it endorse or assume any responsibility for the content, information, advertising, products or other materials made available on or through such external sites. Under no circumstances will the Magazine be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external site. Any concerns regarding such content, goods or services must be directed to the administrator or webmaster of the external site in question. (i) You will be solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and Participatory Areas, and for all charges related thereto. (j) The Magazine has carefully designed the Site for the purpose of delivering certain content to users in a particular format and with a particular appearance. No third party will have the right to utilize the content of the Site in any way that interferes with that purpose. In particular, the Magazine prohibits anyone from displaying the content on the Site in any format where third party advertising or other materials that the Magazine has not authorized is viewed or viewable in conjunction with the Magazine's proprietary content. (k) Any information that is obtained from you through your use of the Site and/or participation in the Participatory Areas will be subject to and handled in accordance with the Privacy Policy then in effect. (l) The provisions of this Section 3 are for the benefit of the Magazine, its affiliates, and its third-party content providers and licensors, and each will have the right to assert and enforce such provisions directly on its own behalf. Such right will survive any termination of this Agreement. 4. Monitoring The Magazine will have the right, but not the obligation, to monitor the content of the Participatory Areas in order to determine compliance with this Agreement and with any Member Guidelines then in force. The Magazine will have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Participatory Areas. Without limiting the foregoing, the Magazine will have the right, but not the obligation, to remove any material that the Magazine, in its sole discretion, deems a violation of the provisions of this Agreement or the Member Guidelines, or that is otherwise objectionable, or stale. Notwithstanding the Magazine’s rights in this regard, users will remain solely responsible for the content of their messages. You acknowledge and agree that neither the Magazine nor any of its affiliates will assume or have any liability for any action or inaction by the Magazine with respect to any conduct within the Participatory Areas or any communication or posting on the Participatory Areas. 5. Disclaimer of Warranty; Limitation of Liability (a) You expressly agree that use of the Participatory Areas and Site is at your sole risk. Neither the Magazine, its affiliates, nor any of their respective employees, agents, third party content providers or licensors warrant that the Site will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from use of the Site or as to the accuracy, reliability or content of any information, service or products provided through the Sites or the Participatory Areas. (b) The Site and the Participatory Areas are provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. (c) The disclaimers of liability contained in this Section 5 apply to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. You specifically acknowledge that the Magazine is not liable for the defamatory, offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you. (d) In no event will the Magazine or any person or entity involved in creating, producing or distributing the Site be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Site, or out of the breach of any warranty. You hereby acknowledge that the provisions of this section 5 will apply to all content on the Site and/or in the Participatory areas. The Magazine’s liability to users, if any, will in no event exceed the total amount paid to the Magazine. (e) The Magazine neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Site, nor for any offensive, defamatory or obscene posting made in the Participatory Areas by anyone other than authorized employee spokespersons of the Magazine while acting in their official capacities. Under no circumstances will the Magazine be liable for any loss or damage caused by your reliance on information obtained through either the content on the Site and/or any postings in the Participatory areas. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site and/or the Participatory Areas. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including (without limitation) financial, health, or lifestyle information. (f) The Magazine does not endorse, warrant or guarantee any products or services offered through the Site and will not be a party to or in any way monitor any transaction between users and third party providers of products or services. As with the purchase of a product or service through any medium or in any environment,you should use your best judgment and exercise caution, as appropriate. The Magazine makes products or services available on the Site without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under applicable laws. (g) Prior to the execution of a purchase or sale of any security or investment, you should consult with your broker or other financial advisor to verify pricing and other information. Neither the Magazine or its third-party content providers/licensors will have any liability for investment decisions based upon, or the results obtained from, the content provided herein. Neither the Magazine nor its third-party content providers/licensors guarantee or warrant the timeliness, sequence, accuracy, or completeness of any such information. Nothing contained in the Site will be construed as investment advice. The Site not a registered broker-dealer or investment advisor and does not give investment advice or recommend one product over another. (h) The provisions of this Section 5 will survive any termination of this Agreement. 6. Indemnification You agree to defend, indemnify and hold harmless the Magazine, its affiliates and their respective directors, officers, employees, representatives, agents and successors from and against all claims and expenses, including attorneys' fees, arising out of the use by you of the Site and/or the Participatory Areas. The provisions of this Section 6 will survive any termination of this Agreement. 7. Termination The Magazine will have the right to immediately terminate this Agreement if the Magazine determines, in its sole discretion, that you have breached this Agreement, or failed to comply with the Member Guidelines, or are otherwise not an appropriate user of the Site. 8. Trademarks All trademarks appearing on the Site are the property of their respective owners, including, in some instances, the Magazine. 9. Subscription Services (a) The Magazine makes available to users certain online subscription services, and other paid services and products. The following terms and conditions will apply in the event that you subscribe to any subscription service or services offered by the Magazine on the Site (the "Subscription"): (i) The Subscription will continue until the Magazine receives notification of termination from you as described herein below. You authorize the Magazine to charge to the credit card account designated during the registration process the current fees and charges for each term according to the subscription plan chosen by you. If you accept an offer that includes a free trial period, your credit card account will not be charged until after the end of the free trial period. If you ordered in response to a free trial period offer, you may cancel the subscription process and avoid a charge to your credit card account by complying with the Magazine’s procedures, as posted on the Site. (ii) The Magazine will have the right at any time to impose, change or modify its fees and billing methods, or other terms and conditions applicable to your use of the Subscription or to impose new terms and conditions. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site a revised version of this Agreement or notification by electronic or conventional mail. If any such change is unacceptable to you, you may terminate your Subscription, as provided herein below. Any use of the Subscription by you after such notice will conclusively be deemed to constitute acceptance by you of such changes, modifications, additions or deletions. You agree to review the terms and conditions periodically to be aware of such revisions. You may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software or services. (iii) Either you or the Magazine may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any terms and conditions of this Agreement or policy or practice of the Magazine in operating the Site and/or the Participatory Areas, or any content available through the Subscription or change therein, or any amount or type of fees or billing methods, or change therein, is to terminate this Agreement by sending notice to the Magazine at 575 Broadway, New york, NY 10012 , by e-mail sent to webmaster@brantpub.com. Notice of termination will be effective upon receipt by the Magazine. Without limiting the foregoing, the Magazine will have the right to immediately terminate this Agreement on the basis set forth in Section 7 above. If your account is terminated or canceled, no refund of any fees, including monthly membership fee, will be granted. Fees paid for any Subscription are paid in advance and are not refundable in whole or in part, provided, however, that if the Magazine terminates for any reason other than your breach hereunder or if you terminate as the result of revised terms, as set forth above, the Magazine will make a pro-rata refund to you. 10. Products and Other Services. With respect to products and services offered for sale by the Magazine and third parties or through the Site, you will be informed, on the screen(s) where you make the purchaser, of all terms of the offer, including but not limited to pricing, methods of payment, shipping and handling, credit card information, sales tax, return and refund policies and applicable privacy policies. 11. Miscellaneous. This Agreement, and the Member Guidelines and Privacy Policy then in effect, constitute the entire agreement of the parties with respect to the subject matter hereof, superseding all previous written or oral agreements between the parties with respect in this regard. This Agreement will be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. No waiver by either party of any instance of breach or default hereunder will be deemed to be a waiver of any instance. The section headings used herein are for convenience only and will not be given any legal import. The purpose of these guidelines is to provide basic information and a code of conduct for your use of any bulletin boards and/or chat rooms on any website operated by Art in America. For further legal terms that apply in this regard, please refer to the User Agreement. Conduct. You may use the bulletin boards and chat rooms for lawful purposes only, and you may not transmit or post messages that are threatening, abusive, defamatory, vulgar, obscene or otherwise objectionable, or that encourage conduct constituting a criminal offense or infringing upon the publicity or privacy rights or any other rights of any person or third party. If you engage in any conduct which might inhibit or restrict any other user's enjoyment or violate the above restrictions, we may remove your messages and/or cancel your access to these areas. We will have the right in our sole discretion to determine whether messages are in violation of these guidelines. Ownership of Messages. By posting messages, you grant us the unrestricted right to freely edit, adapt, use and re-use the message for any purpose, as well as various other rights, as set in the User Agreement. No Advertisements. The bulletin boards and chat rooms are for discussion and debate. You may not use them to post or transmit advertisements or commercial solicitations of any kind, except as may be expressly permitted in the User Agreement. Proprietary Materials. You may not post or transmit any material of any nature, including, text, audio, software, animation or photographs belonging to anyone other than yourself without the owner’s prior written consent, as per the User Agreement. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws. The material available on any of our sites, including the bulletin boards and chat areas, are protected by copyright, owned either by us or third party content providers, and may not be disseminated by you without the owner’s consent. You will be responsible for any damages resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from your posting or transmission, as set forth in the User Agreement. Monitoring. We may monitor the content of the bulletin boards and chat rooms, and we may retain the services of independent contractors to do this. We maintain the right, in our sole discretion, to edit, refuse to post or remove any material submitted or posted that we believe violates the User Agreement and/or these Member Guidelines, or that is stale or inappropriate. Names. You may select a name to use in connection with your postings on the bulletin boards. However, you may not use a user name (or e-mail address) with the intent of impersonating another person, or one that belongs to another person (unless you have his or her express prior consent) or violates the the intellectual property rights of any person, or one that we deem offensive. Whenever you post, your message will be automatically marked with your user name. You will also be able to enter a "handle" when you post, so that those of you accustomed to posting under distinctive or long phrases or names will still be able to do so. Third Party Content; Products or Services. We distribute content supplied by third parties and users of the bulletin boards and/or chat rooms. We neither endorse nor guarantee the accuracy of any views, opinions, advice or statements expressed in any message posted or sent. Products and services may be offered by third parties through advertisements that appear on the Site, but we do not guarantee or endorse any such products or services, and we will not be responsible for any transactions between you and the seller/provider. Privacy. We have implemented procedures to protect the information you provide to us and to regulate how it will be used. For details, please see our Privacy Policy. You should be aware, however, that any personal information that you might disclose in the bulletin boards and chat areas can be collected and used by others, and could result in unsolicited messages from other posters or parties, and that this is not something that we can stop or control. Equipment. You are responsible for obtaining all equipment necessary to access our bulletin boards and chat rooms, including computer hardware, modem, etc. You are also responsible for all charges relating to your access, such as telephone charges and Internet access provider charges. Termination. Either we or you may elect to terminate the User Agreement at any time, as set forth in the User Agreement. Your rights in the event you choose to terminate a paid subscription product we offer are spelled out in the User Agreement. PRIVACY POLICY The following constitutes the Privacy Policy adopted by Art in America with respect to any and all of its websites, all areas and any subscription or other paid products and services offered or available on the interactive online service its operates on the Internet (collectively referred to in this Privacy Policy as the “Site”). This Policy Policy is part of the User Agreement that governs your use of the Site. Changes Third Parties Collection of Information Subscriptions Messages and Postings Cookies and IP Addresses If you have set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You also may refuse cookies by disabling them on your browser. IP addresses are also recorded in our log files. We may use IP addresses to analyze trends, administer the site, track users' movement, gather broad demographic information for aggregate use, and similar purposes. Use of the Information Collected With respect to advertisements, an advertiser will inform us which type of audience it seeks to reach, and we may place advertisements in the Site that fit the advertiser's criteria. Pop-up advertisements may be displayed to a targeted audience on the Site based on these criteria. The advertisers are not permitted to access your account or any of your personally identifiable information. We also use tracking information to determine which areas of our site users like and do not like based on traffic to those areas. We create aggregate reports on user demographics and traffic patterns for advertisers. This allows our advertisers to advertise more effectively, and allows our users to receive advertisements that are pertinent to their interests. We do not track the usage patterns of individual users, so an advertiser will never know that a specific user clicked on a particular ad. Information Sharing Security Measures Children's Privacy Other Information About Your Privacy Updating, Correcting, Deleting or Restricting Personal Information Contact 575 Broadway, New York, NY 10012 To see the additional legal obligations that apply to your use of the Site, please review the User Agreement and the Member Guidelines. |
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