This Agreement sets forth the terms that apply to your use of the website for Art in America Magazine, presently located atwww.artinamericamagazine.com (the "Site"). The Site is owned and operated by our company Art Media Holdings, LLC., a New York corporation.
Your use of the Site constitutes your acceptance of these terms. We reserve the right to modify or amend these terms from time to time without notice. Your continued use of the Site following the posting of changes to these terms will mean you accept those changes.
References in this Agreement to the Site will be deemed to include not just the www.artinamericamagazine.com website itself but also any and all ancillary websites that we may operate (such as any version of the Site maintained for mobile users), all services we may provide through the Site (such as Art in America Magazine Annual Guide), and all activities or materials we may provide in connection with the Site (such as any e-mail newsletter to which Site users may subscribe). All of the foregoing elements of the Site are subject to the terms of this agreement.
Grant of License. We grant you a non-exclusive, non-transferable, limited right to access, use and display the Site, and materials accessed through the Site, for your personal informational use only, upon the terms set forth herein.
Right to Modify. We will have the right at any time to change or discontinue any aspect or feature of the Site including, without limitation, the content, pages, participatory areas, hours of availability, and equipment or formats 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 Site a revised version of this Agreement or notification by electronic mail. Any use by you of the Site after such notice is given will conclusively 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.
Access Equipment & Software. You are solely responsible for obtaining and maintaining all telephone, computer hardware and other equipment, and all computer software (such as a suitable browser program), needed for access to and use of the Site, and for all charges related thereto.
Reasonable Use. You will not interfere or attempt to interfere with the operation of the Site in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy the Site or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
2. Content of the Site
Copyrights & Related Rights. The Site contains copyrighted material, trademarks and other proprietary information including text, software, photos, video, graphics, music and sound, and the copyright in the overall Site, as a collective work, is owned by us. We also own the copyrights in the selection, coordination, arrangement and enhancement of such content, and in all Site content that we create. Each third-party content licensor/provider owns the copyright in content original to it.
Use of Site Content. Use of any of the Site content for any purpose not expressly permitted in this Agreement is prohibited. Except as expressly authorized by us, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of, in any manner, any material, content, design elements, or code/software obtained from the Site. However, you may print or download such material from the Site if this is solely for personal or non-commercial use, provided you do not republish the material and you keep intact all copyright, trademark, service-mark, patent and other proprietary notices. You acknowledge that you will not acquire any ownership or proprietary rights by downloading copyrighted or protected material.
None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without our prior written consent. Any photographs, illustrations or other images included in the Site are provided for use only in the context of the Site and are subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to us.
Framing & Association with Unauthorized Advertising. You may not frame the Site without our express written permission, and, in particular, you may not display the content on the Site in any format where third-party advertising or other materials not authorized by us are viewable in conjunction with our proprietary content.
Third-Party Links. The Site contain links to other websites, resources and advertisers. We are not responsible for the availability of these external sites, nor does we 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 we 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. We reserve the right, in our sole discretion, to terminate links with any third parties or other websites that we deems inappropriate or inconsistent with the Site.
3. Participatory Areas
Definition. As used in this Agreement, the term "Participatory Areas" refers to bulletin boards, message areas, user-generated photo areas, commenting sections, chat rooms and any and all other existing or future areas on the Site that enable users to post to the Site or otherwise to actively participate in or interact with the Site.
Conduct & Rules of Use. The Participatory Areas may be used only for lawful purposes.
You may not transmit or post any message or material that is threatening, abusive, offensive, defamatory, vulgar, obscene, or otherwise objectionable, or that encourages conduct that would be a criminal offense, or physically dangerous, or an infringement or violation of any publicity or privacy rights or other rights of any person or third party. No conduct may be undertaken that, in our sole judgment, restricts or inhibits any other user from using or enjoying the Participatory Areas.
No Advertisements. The Participatory Areas may not be used to post or transmit advertisements or commercial solicitations of any kind, except as may be expressly permitted by us (such as inclusion in our Annual Guide).
Posting of Third-Party Material. 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.
Monitoring. We 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 to retain the services of independent contractors to do so). We will also have the right in our sole discretion to edit, refuse to post or remove any material submitted to or posted on the Participatory Areas, because it is deemed to violate this Agreement, or is stale, or for any other reason in our sole discretion. Notwithstanding our rights in this regard, users will remain solely responsible for the content of their messages. You acknowledge and agree that neither we nor any of our affiliates will assume or have any liability for any action or inaction by us with respect to any conduct within the Participatory Areas or any communication or posting on the Participatory Areas.
Our Right To Use Your Material. You hereby grant us 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 or uploaded to any of the Participatory Areas by you and/or any e-mail (in whole or in part) sent by you to us, and/or to incorporate the same, in whole or in part, in other works in any form, media or technology now known or later developed.
Member Names & Passwords. You may be required to select a member name and a password in order to use and/or register as member of the Site. 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 we deem to be offensive, in our sole discretion. You are responsible for maintaining the confidentiality of your password and your registration information. You agree to immediately notify us of any unauthorized use of your password or your other registration information, and you will indemnify and hold us and our affiliates, subsidiaries, officers, directors, employees, contractors, operational providers and partners harmless against any improper or illegal use of your password.
Registration Information. All information provided by you to us in connection with your registration must be accurate, complete and up to date at the time it is submitted. You may update your registration information from time to time in conformance with our standard procedures and policies for such updating. If your e-mail address is canceled, becomes inactive or inaccessible for an extended period of time, we will have the right to cancel your registration and delete all or part of your registration information, to the extent allowed by law and in accordance with our security measures.
6. Disclaimer of Warranty; Limitation of Liability
USE AT OWN RISK. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN SOLE RISK. NEITHER WE, OUR 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 ON OR THROUGH THE SITE.
SITE PROVIDED AS IS. THE SITE IS 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.
DISCLAIMERS. THE FOREGOING DISCLAIMERS OF LIABILITY 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 WE ARE 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.
NO CONSEQUENTIAL DAMAGES. IN NO EVENT WILL WE 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.
NO LIABILITY FOR INACCURACIES. WE NEITHER ENDORSE NOR ARE 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 OUR AUTHORIZED EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH EITHER THE CONTENT ON THE SITE (INCLUDING WITHOUT LIMITATION 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. 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.
NO WARRANTY OF ANY PRODUCT OR SERVICE. WE DO 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. WE MAKE 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.
SURVIVAL. THE PROVISIONS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
7. Advice & Opinions
The Site contains information, views, opinions and statements of third parties, users and other organizations. Our company, its affiliates and subsidiaries does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such information, advice, opinions, statement or other information shall be at your sole risk and you agree that our company, its parents, affiliates and subsidiaries will not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site.
You agree to defend, indemnify and hold harmless our company, 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. The indemnification provisions of this section will survive any termination of this Agreement.
All trademarks appearing on the Site are the property of their respective owners, including, in some instances, of our company.
We may sometimes offer users of the Site the opportunity to participate in contests or other special events. You may not have to be a member of the Site to participate in certain contest or events, but you must meet the designated minimum age requirements (for example, we may require that you be at least 21 years of age). We will establish specific rules and terms for participation in each contest and event and will post this information on the Site.
11. Subscription Services
We make 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 we offer on the Site (the "Subscription"):
(i) The Subscription will continue until we receives notification of termination from you as described herein below. You authorize us 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 our procedures, as posted on the Site.
(ii) We will have the right at any time to impose, change or modify our 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 we may terminate this Agreement at any time. Your only right with respect to any dissatisfaction with any terms and conditions of this Agreement or our policies or practices 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 us or online on the Site by following the directions stated therein. Notice of termination will be effective upon receipt. Without limiting the foregoing, we will have the right to immediately terminate this Agreement on the basis set forth herein. 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 we terminate for any reason other than your breach of this Agreement or if you terminate as the result of revised terms, as set forth above, we will make a pro-rata refund to you.
12. Products and Other Services.
With respect to products and services offered for sale through the Site, you will be informed, on the screen(s) where you make the purchase, 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.
14. Termination & Remedies
We will have the right to immediately terminate this Agreement and to block your access to the Site if we determine, in our sole discretion, that you have breached this Agreement or are otherwise not an appropriate user of the Site. You agree that monetary damages may not provide a sufficient remedy to us for your violation of the terms of this agreement, and, accordingly, you acknowledge and agree that we are entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to us under this agreement, at law or in equity. We are not required to provide any refund to you if you are terminated as a user because you have violated the terms of this agreement.
We will have the right to update this agreement from time to time without notice. The updated agreement will be posted on the Site and the updated terms will take effect upon such posting.
For additional information or assistance, please call 212.398.1690