Terms & Conditions

Effective Date: December 12, 2012

These terms and conditions of use (the “Agreement”) apply to all visitors to www.artintelligence.com (the “Site”), as well as to information and/or services provided to you on or through the Site. Art Intelligence (hereinafter “Art Intelligence,” “AI,” “we” or “us”) provides the Site for your use and general information and you may use it subject to your compliance with the conditions set forth in the Agreement. If you do not agree to these terms and conditions, you may not use the Site.

AI may revise or update the Terms and Conditions by posting an amended Agreement on the Site. Please check this Agreement periodically for changes. Your use of the Site following the posting of an updated Agreement is considered acceptance of the updated Agreement. If you do not accept the changes, you must stop using the Site.

LICENSE
AI may make available information and materials on the Site, including but not limited to articles, descriptions, images, graphics, news, publications, profiles, summaries, seminars, surveys, text, videos, and any other such materials appearing on the Site (the “Materials”).

As long as you are in compliance with the conditions of this Agreement and all incorporated documents, AI hereby grants you a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Site and materials thereon that are intended to be displayed publicly, and to reproduce the Site and its contents on your computing device for personal use only. Your license to the Materials is limited to the license identified above. No rights not explicitly listed are granted. Any violation this Agreement is grounds for immediate termination of this license.

CONTENT SUBMITTED OR MADE AVAILABLE TO AI
You are under no obligation to submit anything to us, and unless otherwise noted, we will not claim ownership of any graphics, text, information, links, profiles, audio, photos, software, music, sounds, video, comments, messages or tags you make available through or on, or submit to the Site (“Content”). If, however, you choose to submit any Content to or through the Site, you hereby grant AI a perpetual, irrevocable, transferrable, sub-licensable, non-exclusive, worldwide, royalty-free license to reproduce, use, modify, display, perform, distribute, translate and create derivative works from any such Content, including without limitation distributing part or all of the Content in any media format through any media channels.

By submitting any Content or suggestions, ideas, comments, documents, questions, notes, plans, drawings, proposals, or materials similar thereto (“Submissions”) to AI, you hereby agree, warrant and represent that: (a) the Content and Submissions do not contain proprietary or confidential information, and the provision of the Content and Submissions is not a violation of any third-party’s rights; (b) all such Submissions and Content are accurate and true, (c) AI is not under any confidentiality obligation relating to the Content or Submissions; (d) AI shall be entitled to use or disclose the Content or Submissions in any way; and (e) you are not entitled to compensation or attribution from AI in exchange for the Submissions or Content.

TAG does not, and cannot, pre-screen or monitor all Submissions or Content. However, AI and/or its representatives may monitor the Content and Submissions. You acknowledge and agree that you have no expectation of privacy concerning any Content or Submission. AI does not assume any responsibility or liability for Content or Submissions that are generated by users of the Site. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any Content or Submission. AI makes no representations or warranties regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Content or Submissions on the Site. The Content and Submissions may contain inaccuracies or typographical errors.  You may find some Content or Submissions to be offensive, harmful, inaccurate, or deceptive. You acknowledge that any reliance on Content or Submissions will be at your own risk.

You acknowledge that AI is under no obligation to maintain the Site or any information, materials, Submissions, Content or other matter you submit, post or make available to or on the Site. We reserve the right to withhold, remove and or discard any such material.

RULES OF CONDUCT
Your use of the Site is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct: 1) You agree that you will not violate any applicable law or regulation in connection with your use of the Site. 2) Without limiting the foregoing, you agree that you will not make available through the Site any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity). 3) You agree not to distribute, upload, make available or otherwise publish through the Site any Submissions or Content that is unlawful or encourages another to engage in anything unlawful; contains a virus or any other similar programs or software which may damage the operation of AI’s or another’s computer; violates the rights of any party or infringes upon the patent, trademark, trade secret, copyright, or other intellectual property right of any party; is libelous, defamatory, pornographic, obscene, lewd, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable; constitutes offers to sell or advertisements of any kind; or contains a chain letter, contest or pyramid scheme. 4) You may not modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site. Further, you may not interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site by means of hacking or defacing. Transmitting to or making available in connection with the Site any denial of service attack, virus, worm, Trojan horse or other harmful code or activity is prohibited. 5) You may not attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Further, you may not take any action that imposes, or may impose, in AI’s sole discretion, an unreasonable or disproportionately large load on AI’s infrastructure. 5) You are not licensed to access any portion of the Site that is not public, and you may not attempt to override any security measures in place on the Site.

AI INTELLECTUAL PROPERTY                                                                                                                                   “ART INTELLIGENCE” and other AI graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trade names and/or trade dress of AI and they are all protected by U.S. copyright and trademark law.  All product names, names of services, trademarks and service marks (“Marks”) are the property of AI or the property of their respective owners, as indicated.  You may not use the Marks for any purpose whatsoever other than as permitted by these Terms and Conditions.

ENFORCEMENT AND TERMINATION OF SERVICES
AI reserves the right to deny service to any user, in AI’s sole discretion. All grants of any rights from you to AI related to Content, Submissions, or other materials, including but not limited to copyright licenses, shall survive any termination of this Agreement. Further, your defense and indemnification obligations survive any termination of this Agreement.

DISCLAIMERS AND LIMITATION ON LIABILITY
BY USING THE SITE YOU AGREE AND ACKNOWLEDGE THAT AI PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. AI, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, MANAGERS, EMPLOYEES AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM TAG SHALL CREATE ANY WARRANTY.

USE OF THE SITE IS AT YOUR SOLE RISK. AI DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL AI, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND SHALL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE SITE, EVEN IF TAG AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither AI nor any of its subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for (1) any damages in excess of $100.00 or (2) any indirect, incidental, punitive, special, or consequential damages or loss of use, lost revenue, lost profits or data to you or any third party from your use of the Site. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

This limitation shall not apply to any damage that AI causes you intentionally and knowingly in violation of this Agreement or applicable law that cannot be disclaimed in this Agreement.

INDEMNIFICATION
You agree to defend, indemnify and hold AI and its suppliers, subsidiaries, licensors, and licensees, and each of their officers, directors, shareholders, members, employees and agents harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees, expert witness fees, and costs of litigation arising out of or based on (a) Submissions or Content you submit, post to or transmit through the Site, (b) your use of the Site, (c) your violation of the Agreement, and (d) any conduct, activity or action which is unlawful or illegal under any state, federal or common law, or that violates the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of Site.

INCORPORATION OF PRIVACY POLICY
We use your information only as described in the Privacy Policy. If you object to anything in the Privacy Policy please do not use our Site.

POLICIES FOR CHILDREN
The Site is not directed to individuals under the age of 13, nor does it contain information that would be potentially harmful to minors in any way. In the event that AI discovers that a child under the age of 13 has provided personally identifiable information to us, we will make efforts to delete the child’s information in accordance with the Children’s Online Privacy Protection Act. Please see the Federal Trade Commission’s Site for (www.ftc.gov) for more information. Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230 (d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

COPYRIGHT POLICY
If you believe in good faith that any material posted on our Site infringes the copyright in your work, please contact our copyright agent, designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following: a physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed; Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;Information reasonably sufficient to permit us to contact you; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and, a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact AI’s designated DMCA Copyright Agent:

Copyright Agent
Art Intelligence

PO Box 7086, New York, New York 10011
e-mail: support@artintelligence.com

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

COMPLAINT POLICY (INCLUDING TRADEMARK AND PRIVACY)
If you believe in good faith that any material posted on the Site infringes any of your rights other than in copyright, or is otherwise unlawful, you must send a notice tosupport@artintelligence.com, containing the following information: Your name, physical address, e-mail address and phone number; a description of the material posted on the Site that you believe violates your rights or is otherwise unlawful, and which parts of said materials you believe should be remedied or removed; identification of the location of the material on the Site; if you believe that the material violates your rights, a statement as to the basis of the rights that you claim are violated; if you believe that the material is unlawful or violates the rights of others, a statement as to the basis of this belief; a statement under penalty of perjury that you have a good faith belief that use of the material in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and, your physical or electronic signature.

If we receive a message that complies with all of these requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to the poster of the claimed violative material, or any other party.

Please note that attachments cannot be accepted at the email address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

GOVERNING LAW AND JURISDICTION
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., excluding the application of its conflict of law rules. You agree that any dispute arising out of or relating to the Site, or to TAG, may only be brought by you in a state or federal court located in New York, NY. YOU HEREBY WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE, AND AGREE TO EXCLUSIVE JURISDICTION AND VENUE IN NEW YORK. In any such proceeding, you agree that service may be made upon you via e-mail at your e-mail address that we then have on-file.

GENERAL
Severability. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect, or shall be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.
Revisions. This Agreement may only be revised in a writing signed by AI, or published by AI on the Site.
No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and TAG as a result of this Agreement or your use of the Site.
Assignment. AI may assign its rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without AI’s prior written consent, and any unauthorized assignment by you shall be null and void.
Attorneys’ Fees. In the event any litigation is brought by AI in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Notices. All notices given by you or required under this Agreement shall be in writing and addressed to: Art Intelligence, PO BOX.
Equitable Remedies. You hereby agree that AI would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
Entire Agreement. This Agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and AI with respect to the Site and supersedes all prior or contemporaneous communications, whether electronic, oral or written.

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