Art2p0 Terms of Use (Effective August 2012)

Overview

Welcome to the user agreement for Art2p0.com (the “Agreement” or “User Agreement” or “Terms of Use” or “Terms”). Art2P0.com is owned and operated by Aesthetic Investments, LLC, a Florida LLC.

The terms “we”, “us”, “our” or “the company” shall refer to Art2p0 and Aesthetic Investments, LLC. The terms “you”, “your”, “user” or “customer” shall refer to any individual or entity who accepts this Agreement.

This Agreement describes the terms and conditions applicable to your use of our services available under the domain name www.Art2p0.com (the “Website” or “Site”). You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, before you may become a subscriber or contributing artist. These Terms of Use constitute a binding legal contract between you and us. The Site and Services found at this Site are available only to users who can form legally binding contracts under applicable law. By using Art2p0, you acknowledge, warrant and represent that (i) you have read these Terms of Use and the Privacy Policy, (ii) you understand them, (iii) you agree to be bound by them, (iv) you are at least 18 years old and/or (v) otherwise recognized as being able to form legally binding contracts under applicable law. If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access our services. The Website and its contents are intended for customers of Art2p0. You may not use this website or the content herein for any purpose not related to your business with Art2p0. We reserve the right to deny access to this Site, or any service provided by the Site, to anyone who violates these Terms of Use or who, in our judgment, interferes with the ability of others to use this Site, or infringe on the rights of others.

Art2p0 updates the information on this Website regularly. However, Art2p0 cannot guarantee or accept any responsibility or liability for the accuracy, currency or completeness of the information on this Website. Art2p0 may revise, supplement or delete information, services and/or the resources contained in the Website and reserves the right to make such changes without prior notification to past, current or prospective visitors. Art2p0 does not warrant the accuracy, currency or completeness of any information on its Website.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site.

We reserve the right, in our sole and absolute discretion, to change or modify this Agreement at any time, by posting the amended terms on the Site. All amended terms shall be effective immediately, and the most current version of the Agreement will supersede all previous versions. This Agreement is effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”), or upon acceptance in registration for new registering users. If you object to any changes to the Site or Services, your sole recourse will be to cease using them. Continued use of the Site or Services following posting of any such changes will indicate your acknowledgment of such changes, satisfaction with the Services as so modified and your agreement to be bound by the revised terms, inclusive of such changes.

We reserve the right, in our sole and absolute discretion, and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. Such changes or modifications shall be effective immediately, and will be posted to this site periodically. You acknowledge and agree that (i) Art2p0 may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the services found at this Site after such changes or modifications have been made (as indicated by the ‘Last Revised’ date at the top of this page) shall constitute your acceptance of this Agreement as last revised. Art2p0 may occasionally notify you of changes or modifications to this Agreement by email, so it is important that you keep your account information, including your email address, current. Art2p0 assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address, or other cause beyond our control.

Intellectual Property

The material on the Art2p0 website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein, are owned by or licensed to Art2p0, and may be subject to copyright, trademark and other intellectual property rights under the law. You may not create derivative works from or otherwise exploit the materials on Art2p0.com in any way. You may not reproduce any of the materials provided on this website without the prior written consent of the owner or authorized representative. You may not distribute copies of material found on this Site in any form (including by email or other electronic means) without the prior written permission from the owner or authorized representative. You may not exploit any image or video commercially in any way without prior written consent of the owner (artist) or authorized representative.

By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Art2p0 does not claim ownership of material you submit or make available for inclusion on the Service. By submitting the material to any public posting areas of this Service, you grant us a right of use in such content to use and publish online, in print, and all other media for editorial, advertising, and promotional purposes in connection with this Service without payment or additional compensation unless prohibited by law. You may exercise your right of revocation at any time by deleting your images or terminating the Service. We also reserve the right to delete, move or edit any postings that come to our attention that, in our sole and absolute discretion, we consider unacceptable or inappropriate, whether for legal or other reasons.

With Respect to User Submissions: You acknowledge and agree that:

  • i. Your User Submissions are entirely voluntary
  • ii. Your User Submissions do not establish a confidential relationship or obligate Art2p0 to treat your User Submissions as confidential or secret.
  • iii. Art2p0 has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of you User Submissions.

Claims of Infringement

Art2pO has the right to include invisible digital watermarking and/or other coding in digital images in order to track potential infringements of our or artist’s rights.

Art2p0 respects the copyright of others, and we ask that our users do the same. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may wish to consult with counsel and/or, if applicable, submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”).

Internet Software or Computer Viruses

Due to technical restraints of the Internet, Internet software or transmission problems could produce incomplete copies of information contained on this Site; computer viruses, malware or other destructive programs may also be inadvertently downloaded. Art2p0 shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Website or your downloading any of the materials or Content from this Website.

General Practices Regarding Use and Storage of Content

You acknowledge that we may establish general practices, limits and restrictions concerning use of this Site, and the posting of content, information or materials by users of this Site. These restrictions may include a limit on the number of days that images, message board postings or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted to our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right, at our sole and absolute discretion, to change these general practices, limits and restrictions at any time, with or without notice.

Digital images sold on this site may not be compatible with all devices, operating systems and media. Buyers must ensure that the purchased digital image is compatible with the devices, operating systems and media used by the Buyer before purchasing it.

Use of this Site

This Website and its contents (the “Content”) are intended for customers of Art2p0. You may not use this website or the Content for any purpose not related to your business with Art2p0. You may use the Site, the Services and Downloadable Tools only for the purposes expressly set forth and authorized herein. The rights granted to you by these terms will remain in force only for so long as these Terms remain in effect. By example, and not by way of limitation, you are specifically prohibited from:

  • 1. Reselling or sublicensing access to the Service to any third party.
  • 2. Combining or integrating the Service and/or any Downloadable Tools with hardware, software, or other technology or materials not provided by us.
  • 3. Modifying or creating any derivative product based on the Site, the Service or Downloadable Tools.
  • 4. Decompiling, disassembling, reverse engineering or otherwise attempting to obtain or perceive the source code from which any component of the Site, Services, and/or Downloadable Tools is compiled or interpreted, and nothing in these terms should be interpreted as granting you any right to obtain or use source code.
  • 5. Downloading, copying, or re-transmitting any or all of the Website or the Content without, or in violation of, a written license or agreement with Art2p0;
  • 6. Manipulating or otherwise displaying the Website or the Content by using framing or similar navigational technology, placing pop-up windows over its pages, or otherwise affect the display of its pages;
  • 7. Without our written consent, using any high volume automated or electronic means to access the Services (including, without limitation, robots, spiders, or scripts), and using any data mining, robots or similar data gathering or extraction methods;
  • 8. Registering, subscribing, unsubscribing, or attempting to register, subscribe or unsubscribe any party for any Art2p0 service if you are not expressly authorized by such party to do so;
  • 9. Using the Website or the Content other than for its intended purpose.

You agree Art2p0 may immediately terminate any account which it believes, in its sole and absolute discretion, is transmitting or otherwise connected with any spam or other unsolicited bulk mail. In addition, if actual damages cannot be reasonably calculated then you agree to pay Aesthetic Investments LLC liquidated damages in the amount of $ 10.00 for each piece of spam or unsolicited bulk mail transmitted from or otherwise connected with your Account.

You agree not to use the Site, Services or Downloadable Tools to:

  • 1. Violate any local, state, national or international law or any other applicable law, rule or regulation of any body politic or other governing body or agency
  • 2. Stalk, harass or harm another individual
  • 3. Collect or store personal data about other users
  • 4. Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity
  • 5. Interfere with, circumvent, disrupt or disable the Services or servers or networks connected to the Services, or the security thereof, or with any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or Content therein, or otherwise abuse this Website or any system resources, Services or networks connected to or accessible through this Website.
  • 6. Disobey any requirements, procedures, policies or regulations of networks connected to the Services.

For as long as you agree to these Terms and abide by them, you may use the Site and the services. Subject to these Terms, we also grant you a limited, non-exclusive, nontransferable personal license to download, install and operate any software, scripts and other content that we may from time to time have specifically identified within the Site as available for download (“Downloadable Tools”), subject to the terms and conditions set forth in connection with such downloadable tools. We reserve the right, at our sole and absolute discretion, to terminate your account for any or no reason.

Art2p0’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right, whether arising in law, equity or otherwise.

Registration and Passwords

Your Account

To access certain features of our Site, you may be asked to register with us in the form provided and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 18 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form, and that you will keep your Account information accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, we reserve the right, at our sole and absolute discretion, to suspend or terminate you account, delete your profile and any content or information that you have posted on the Site and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

To use certain features of the Site, you will need a user ID and password, which you will create through the Site’s registration process. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information confidential and secure, including without limitation your user ID, customer number/login, password, payment methods, and PIN. For security purposes, Art2p0 recommends that you change your password and PIN at least once every six (6) months for your Account(s). You must notify Art2p0 immediately of any breach of security or unauthorized use of your account or password. You agree that you will exit from your Account at the end of each session. Art2p0 will not be liable for any loss or damage you incur due to any unauthorized use of your Account, or from your failure to protect your password or Account information. You, however, may be liable for any loss Art2p0 or others incur caused by your Account, whether caused by you, or by an unauthorized person.

If you are visiting this Site from a country other than the country in which our Services are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.

Online Purchases

As it relates to the purchase of original artwork, Art2p0 acts as a venue to allow consumers to buy original digital artwork directly from artists or from a non-artist re-seller (“vendor”) for a fixed price. Art2p0 is not directly involved in the transaction between consumers and artists or vendors, As a result, Art2p0 has no control over the quality, safety, morality or legality of any aspect of the artwork, the truth of the accuracy of the listings, the ability of the artists or vendors to sell items or the ability of consumers to pay for items.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree only to purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. You agree to pay any and all prices and fees due for Services purchased at this Site at the time you order the Services. All prices and fees are non-refundable, unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Art2p0 expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal.

If for any reason, Art2p0 is unable to charge your previously authorized payment method for the full amount owed for the Services provided, or if Art2p0 is charged a penalty for any fee it previously charged to your payment method, you agree that Art2p0 may pursue all available lawful remedies in order to obtain payment. If you pay by credit card and if for any reason Art2p0 is unable to charge your credit card with the full amount owed for the Services provided, or if Art2p0 is charged back for any fee it previously charged to the credit card you provided, you agree that Art2p0 may pursue all available lawful remedies in order to obtain payment. You agree that the remedies Art2p0 may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any Services registered or renewed on your behalf. Art2p0 reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks Art2p0 may perform outside the normal scope of its Services, (ii) additional time and/or costs Art2p0 may incur in providing its Services, and/or (iii) you noncompliance with this Agreement (as determined by Art2p0 at its sole and absolute discretion). These administrative fees or processing fees will be billed to the Payment Method you have on file with Art2p0.

Art2p0 may offer pricing in various currencies; however, transaction processing is supported only in U.S. dollars. If the transaction currency selected is other than the U.S. dollar, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. If the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank. In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to you bank statement, the conversion rates may fluctuate, and Art2p0 makes no representation or warranties that (i) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement or (ii) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement, and you agree to waive any and all claims based on such discrepancies (including any and all claims for a refund based on the foregoing). If the transaction is processed by a non-U.S. bank, you may be charged an additional processing fee, which you agree to pay. If you are entering this agreement on behalf of a corporate entity, you represent and warrant that you have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Art2p0 finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Art2p0 shall not be liable for any loss or damage resulting from Art2p0’s reliance on any instruction, notice, document or communication reasonably believed by Art2p0 to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Art2p0 reserves the right (but undertakes no duty) to require additional authentication from you. Art2p0 cannot ensure that a consumer, artist or vendor will actually complete a transaction for the purchase of original digital artwork. Our fees are exclusive of taxes or levies imposed by taxing authorities. Consumers, artists and vendors are jointly responsible for the payment of all appropriate taxes and any other applicable fee. In the event that you have a dispute with an artist, vendor or customer, you release Art2p0 and Aesthetic Investments LLC (and our officers, directors, agents, subsidiaries, joint ventures, employees, licensors, suppliers and third-party information providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Cancellation

You may cancel your subscription at any time, and cancellation will be effective immediately. You are solely responsible for cancelling your Account. We are not liable for any loss resulting from cancellation. We will delete all of your content within 30 days after cancellation and we will not be able to recover this information once deleted. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS, OR UPGRADE OR DOWNGRADE REFUNDS. To cancel, click the words “cancel subscription’ on the “my account” page and follow the instructions for cancellation under the heading “Cancel Subscription”.

Public Posting Areas

Our Site may include public posting areas, such as bulletin boards, web logs, chat rooms, forums and other community publishing areas that allow users to post content and materials for display on the Site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to or link to from this Site. By using our Site, you agree that you will not submit, post or otherwise make available on the Site any content or material that: is profane, sexually explicit, tortious, vulgar, obscene, libelous, abusive, or unlawful or infringes the rights of others or interferes with the ability of others to enjoy the Site; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harms minors in any way; impersonates any person or entity, including, but not limited to, a Site employee, officer or director, forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity; includes personal or identifying information about another person without that person’s explicit consent; is false, deceptive, misleading or deceitful; infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party; you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; interferes with or disrupts the Site or servers or networks connected to the Site; or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violates any applicable local, state, national or international law; you further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for the purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (including, but not limited to, submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our sole and absolute discretion, we determine that such preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use; (iii) respond to claims that any content or material submitted by you violate the rights of third parties; or (iv) protect the rights, property or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to indemnify and hold Art2p0, Aesthetic Investments LLC and their officers, directors, employees, agents, subsidiaries, licensors, affiliates, suppliers and any third-party information providers harmless (including attorney’s fees) from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others using your user account.

Third Party Sites

This Site may provide, or third parties may provide, content or services provided by third parties that are not owned or controlled by Art2p0, through links that are made available on the Site. Additionally, from time to time we may refer you to one or more of our business partners who make available products or services through their respective websites or by other means (e.g. by mail or otherwise). We refer to all such websites, content, services and products as “Third-Party Offerings”. For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. Unless we otherwise inform you on the Site, your use of such Third-Party Offerings is not ordinarily required in order to access and/or use the Services.

If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions, privacy policies, and other governing documents required or referred to by the applicable third-party providers(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use or purchase any Third-Party Offerings.

Art2p0 does not censor, monitor or edit the content of any third-party websites. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.

Indemnification

You agree to, at our option, defend our company, indemnify and hold Art2p0 and Aesthetic Investments LLC (including our officers, directors, employees, agents, subsidiaries, licensors, affiliates, suppliers and any third-party information providers) harmless against all claims or liability and expenses, including reasonable attorney’s fees, asserted against Art2p0 and Aesthetic Investments LLC arising out of or in connection with any malfeasance or nonfeasance by you, or from any breach or violation by you or anyone acting on your behalf of any of these Terms of Use. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Applicable Law

This Website is controlled, operated and administered by Aesthetic Investments, LLC from Miami, Florida, USA. This Website can be accessed from other countries around the world. As each of these jurisdictions has laws that may differ from those of the State of Florida, by accessing this Website, you acknowledge and agree that all matters relating to access to, or use of this Website shall be governed by the laws of the State of Florida and the federal laws of the United States of America applicable therein without reference or resort to conflicts of laws and principles that may otherwise apply.

You also agree that any claims or disputes whatsoever arising hereunder shall be submitted to the exclusive jurisdiction and venue of any court of competent jurisdiction located in Miami-Dade County, Florida and acknowledge that you do so voluntarily. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement. The prevailing party in any action arising out of or relating to this agreement shall be entitled to recover its reasonable attorney’s fees and costs.

Art2p0 makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance withal local laws, rules and regulations.

U.S. Export Laws

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii)to anyone on the U.S. treasury Department’s list of Specially Designated Nationals or the U.S Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied party list; and you agree to comply with all U.S. Export Laws (including “anti-boycott, “deemed export”, and “deemed re-export” regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

Miscellaneous

Transfer of Artwork

Members can transfer an image owned by them to a third party, provided, however, that such third party registers as a member of Art2pO prior to such transfer.

Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

No Third-Party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Titles and Headings

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the Agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES AND DOWNLOADABLE TOOLS FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIAS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. ART2P0, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ART2P0, ITS OFFICERS, DIRECTORS, EMPLOYES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLIMKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND ART2P0 ASSUMES NO LIABILITY OR RESPONSIBILITY FOR SAME. NO REPRESENTATION OR WARRANTY IS MADE THAT THE SERVICES PROVIDE COMPREHENSIVE OR ACCURATE INFORMATION. WE RESERVE THE RIGHT TO FILTER, NODIFY OR REMOVE CONTENT, MEDIA, INFORMATION OR ANY OTHER MATERIAL FROM THE SERVICES AND FROM THE OUTPUT OF THE SERVICES. YOU UNDERSTAND THAT WE HAVE DEVELOPED OUR TECHNOLOGIES TO FIND INFORMATION THAT WE BELIEVE WILL BE MOST RELEVANT AND INTERESTING TO YOU. ACCORDINGLY, WE NAY IN OUR SOLE AND ABSOLUTE DISCRETION FILTER OUT LONKS TO CONTENT AGGREGATORS, SEARCH ENGINES OR OTHER ONLINE SERVICES WHOASE TECHNOLOGIES AND SERVICES, IN OUR OPINION, ARE INCONSISTENT WITH THESE OBJECTIVES. IN ADDITION, YOU AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY ART2P0, IT OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON SUCH INFORMATION OR ADVICE. THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

LIMITATION OF LIABILITY

IN NO EVENT SHALL ART2P0, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES OR DOWNLOADABLE TOOLS FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OF FROM THIS SITE, OR FORM THE DOWNLOADABLE TOOLS ON THIS SITE, OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT ART2P0 IS ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR THE SERVICES OR DOWNLOADABLE TOOLS FOUND AT THIS SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL ART2P0’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.