Artevist's User Agreement
Last Updated: January 8th, 2010
This User Agreement applies to all Artevist Communications Inc. ("Artevist") websites and related products, services, and content, including, but not limited to, the principal Artevist website - www.Artevist.com (the "Website").
Artevist allows you permission to use the Website as set forth in this User Agreement, provided that:
i. you have attainted 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into a binding legal contract and the terms and conditions of this User Agreement. The Website is not intended for children under 13 years of age. If you are under 13 years of age, do not use the Website;
ii. you are not a person barred by any laws from using websites;
iii. you will not copy or distribute any part of the Website in any medium without Artevist's prior written authorisation;
iv. you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and
v. you will otherwise comply with the terms and conditions of this User Agreement.
In order to access some features of the Website, you will have to create a member account ("Account"), and as such, you agree that:
vi. you are not allowed to use another user's Account without their express permission;
vii. when creating your Account, you must provide true, accurate, current and complete information about yourself in all required fields of the registration form;
viii. you agree to keep your Account information current and accurate;
ix. you are solely responsible for the activity that occurs on your Account;
x. you must keep your Account password secure, and if this password security is compromised, it is your sole responsibility to immediately change your password by updating your Account profile;
xi. you agree to immediately notify Artevist of any unauthorized use of your password or Account, or any other breach of security; and
xii. if Artevist suspects that your Account information is not true, accurate, current and complete, your Account may be suspended or terminated at Artevist's sole discretion.
Artevist cannot and will not be liable for any loss or damage arising from your failure to comply with any of these conditions.
Artevist and its Website are founded on the concept of a freely accessible, online community of users. It is interactive and dynamic and this fact makes it impossible for Artevist, or anyone, to assume responsibility for any of the content posted or submitted by its users. This content includes, but is not limited to: text, files, data, graphics, photographs, animations, video, sounds, music, forum comments, URL links or other user provided and submitted materials, all collectively referred to in this User Agreement as "User Content".
As a user of the Website, you agree to and assume responsibility for any and all User Content you view, make use of, or reference in any way and thereby agree that:
i.you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, quality or usefulness of such User Content;
ii. all User Content posted to the Website is the sole responsibility of the person who originally posted it, and damages you may suffer as a result of User Content shall be exclusively against that individual; and
iii. any legal rights or recourse you wish to exercise against such individuals are solely at your discretion and responsibility, and Artevist cannot and will not be liable for, or take part in, any such action.
As a user of the Website, you agree to and assume responsibility for any and all User Content you post or submit to it and thereby agree that:
v. you are solely responsible for your own User Content and the consequences of placing it or referring to it on the Website;
vi. you retain ownership rights to your User Content, however, by submitting User Content to Artevist, you grant Artevist worldwide, non-exclusive, royalty-free, sub-licensable, and transferable rights and license to use, reproduce, distribute, prepare derivative works of, and display User Content in any manner consistent with Artevist's business, including without limitation, the marketing and promotion of the Website, in whole or in part, in any media; and
vii. you accept that User Content submitted in relation to specific online contests ("Contest Submissions") may be governed by additional voluntary terms and conditions.
In the operation of its Website, you agree that Artevist:
viii. in no way endorses User Content, and no guarantees regarding its source, reliability, accuracy or quality are made or implied;
ix. expressly disclaims any and all liability in connection with User Content;
x. reserves the right to remove User Content from the Website at its sole discretion and without prior notice; and
xi. reserves the right to terminate a user's access/Account to the Website at any time at its sole discretion and without prior notice.
Users of the Website have the option to voluntarily submit User Content to online design contests. These contests may include but are not limited to: designs, illustrations, drawings, photographs, animation, video, etc., all collectively referred to in this User Agreement as a "Contest Submission". Online contests may be sponsored either by Artevist or third parties, however, all rights and obligations are solely between the user and Artevist.
1. All Contest Submissions
When you voluntarily enter a contest and provide a Contest Submission to Artevist, you are agreeing to the following:
i. you retain ownership of your Contest Submission, however you grant Artevist exclusive worldwide rights to use the Contest Submission for a period of one-hundred-and-eighty (180) days from the date you submitted the material. These rights include display and use on any part of the Website;
ii. during this 180-day period, you cannot sell, lend or otherwise provide your Contest Submission to another organization or company. Once this time-period has elapsed, and Artevist has determined that it will not use your Contest Submission in any commercial application, you may freely use it in any manner you choose;
iii. Artevist cannot guarantee that a Contest Submission will be removed immediately upon completion of the 180-day period, or that the Contest Submission may not remain in use by Artevist for a reasonable time as a normal consequence of Artevist conducting its business. It is your responsibility to notify Artevist if your Contest Submission is going to be used commercially by another party so that it can be removed immediately from the Website and Artevist's database;
iv. your Contest Submission must be your own original work and must not have been previously published, produced or exhibited. When you submit a Contest Submission, you are attesting that you have sole and exclusive rights to that material, including any use of photographs, videos, music sounds, etc. If your Contest Submission was conceived, created or produced for, or while in the employ of a third party (e.g. design agency), that party must be fully aware of your intent to submit the material to Artevist, and must provide express consent for the use of such material; and
v. you agree to abide by all of the conditions contained in this User Agreement with regards to Prohibited Conduct.
2. Contest Winners
In the event that Artevist chooses your Contest Submission for commercial use and/or production of merchandise, your Contest Submission is then considered a "Contest Winner". When you provide Artevist with a Contest Submission, you do so with the full knowledge that this material may be chosen as a Contest Winner, and thereby agree that:
i. you grant Artevist worldwide, exclusive and transferable rights and license to use, reproduce, distribute, prepare derivative works of, and display Contest Winner material for a period of two (2) years from the date the submission was declared a Contest Winner;
ii. you retain ownership of your Contest Winner material and upon completion of the two-year period you may freely use it in any manner you choose;
iii. Artevist may enter into a separate agreement with you to buy unlimited ownership rights to the material;
iv. Contest Winners are chosen based on a numerical, online rating system (using a 1-10 rating scale), a subjective rating based on user comments/feedback, technical and commercial considerations, as well as at the discretion of Artevist and/or third parties that have sponsored the contest. The decisions of Artevist and/or third party sponsors are final and binding.
v. Contest Winner material may be slightly modified, formatted or reworked by Artevist to prepare it for use. Additionally, its use on a variety of media may involve variations in sizing, colour, background/substrate material and colour, etc., beyond the control of Artevist or its suppliers. While all reasonable attempts will be made to reproduce material as per your original design/intent, no guarantees are expressed or implied in this regard;
vi. you will receive a one-time payment of US $700 in cash when your Contest Winner material is applied to merchandise and then first made available for sale on Artevist.com. Artevist will also provide you with two (2) samples of product at no charge; and
vii. you are responsible for providing Artevist with a reliable and secure means of processing payments to you (e.g. mailed cheque, credit card, bank transfer, etc.) and costs incurred for this processing will be borne exclusively by you.
The following partial list of activities and actions describes the kinds of illegal or harmful conduct that are prohibited on the Website. Thus, as a user of the Website, you agree to not upload, post, email or otherwise transmit any User Content (including Contest Submissions) that:
i. is unlawful, threatening, harassing, abusive, defamatory, libellous or in any way violates or potentially violates the legal rights of any individual or group;
ii. a reasonable person would consider harassing, abusive, threatening, harmful, sexually explicit, excessively violent, culturally, racially, ethnically or otherwise objectionable or offensive in any way;
iii. is plagiarized, infringes or violates any patent, contains the trademark, logo, copyright, trade secret, intellectual property or other property right of any third parties, or any material, which Artevist at its sole discretion deems to be damaging;
iv. represents, portrays or displays the recognizable image of any individual other than the user, unless that individual has given the user express consent to submit such material to the Website. Such material may be altered/manipulated (e.g. blurring of photographs) so that the privacy of third party individuals is respected and maintained;
v. breaches a duty of confidentiality by which you are bound due to a contractual or fiduciary relationship such as proprietary and confidential information obtained as part of an employment relationship or subject to a nondisclosure agreement;
vi. is unsolicited, such as emails, SMSs, or "spam" messages;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;
viii. displays first or last names, residential addresses, telephone numbers, URLs or email addresses; unless you have Artevist's express authorization to do so, or it is expressly allowed in specifically designated areas of the Website;
ix. is intended for commercial purposes, unless you have Artevist's express authorization to do so, or it is expressly allowed in specifically designated areas of the Website;
x. solicits personal information from anyone under 18; and
xi. provides false or deceptive information.
Additionally, you are prohibited from:
xii. deleting, adding or in any way modifying another individual's personal information or submitted User Content unless you have been expressly authorized to do so by that individual;
xiii. sharing or making public in any way your personal login and password information, which could allow other individuals to gain access to the Website and intentionally or unintentionally violate Artevist's User Agreement; and
xiv. collecting or using any personally identifiable information ("Personal Information") including without limitation account names, email addresses, or other User Content, nor use the communication systems provided by the Website for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Website.
Intellectual Property Rights
Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Artevist or as expressly provided herein. Artevist reserves all rights not expressly granted in and to the Website and the content contained therein.
You agree to not engage in the use, copying, or distribution of any of the content other than expressly permitted herein, including any use, copying or distribution of User Content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of any content for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any content or enforce limitations on use of the Website or the content therein.
Artevist makes every effort to protect the intellectual property of others, and we request that users of our Website do the same. Therefore, you agree not to post, modify, distribute or reproduce in any way any User Content (including Contest Submissions) that is or is believed to be copyrighted material belonging to others, without obtaining their prior written consent. As a user, If you believe that your copyrights in any material have been infringed on the Website, please send an email to: , indicating:
i. a description of the original copyrighted work claimed to have been infringed;
ii. a description of the infringing material and information reasonably sufficient to permit Artevist to locate the material (e.g. URL);
iii. your contact information, including your full name, address, telephone number, and email; and
iv. a statement by you 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.
Artevist reserves the right, at its discretion, to remove any User Content it believes may infringe the copyrights of others, and/or to terminate the Accounts of users who we believe to be infringers.
Cancellation and Termination
1. You are solely responsible for properly cancelling your Account. An email or phone request to cancel your Account is not considered cancellation. You can cancel your Account at any time by clicking on the Account tab at the top of the screen.
2. If you choose to cancel your Account, your personal information and any User Content related to your Account will be deleted. This information cannot be recovered once your Account is cancelled.
3. Artevist reserves the right to modify, suspend or terminate your Account at any time for any reason without notice or refund. We also reserve the right to delete all User Content associated with your Account.
4. Artevist reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Website functions, products and/or services (or any part thereof) with or without notice.
5. Artevist reserves the right to cancel your Account for non-payment of any fees/charges owed by you in connection with the Website or any other Artevist product or service.
6. Artevist shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Website.
You are solely responsible for your activities on the Website, including all User Content that you submit or a third party submits on your behalf or using your Account. You agree to indemnify Artevist and its officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including but not limited to, reasonable attorneys' fees) included by an indemnified party arising out of or related to: i) any violation of law or regulation from your use of the Service, ii) any actual or alleged breach by you of any obligations, representations, warranties under this User Agreement, and iii) any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your Account.
Violation of any of these agreements will result in the termination of your Account. While Artevist prohibits such conduct and Content on the Website, you understand and agree that Artevist cannot be responsible for the User Content posted on the Website and you nonetheless may be exposed to such materials. You agree to use the Website and all Artevist services at your own risk.
In no event shall Artevist, or any owner, director, officer, employee, supplier or operator of Artevist, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from: i) errors, mistakes, or inaccuracies of content, ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, iv) any interruption or cessation of transmission to or from the Website, v) any malicious software, files, programs, etc. which may be transmitted to or through the Website by any third party, and/or vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Artevist shall not be liable for User Content or for any defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
No Warranties Expressed or Implied
You agree that your use of the Website shall be at your sole risk. To the fullest extent permitted by law, Artevist, and any owner, director, officer, employee, supplier or operator of Artevist, disclaim all warranties, express or implied, in connection with the Website and your use thereof. Artevist makes no warranties or representations about the accuracy or completeness of the Website's content or the content of any sites linked to this site and assumes no liability or responsibility for any: i) errors, mistakes, or inaccuracies of content, ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, iv) any interruption or cessation of transmission to or from the Website, v) any malicious software, files, programs, etc. which may be transmitted to or through the Website by any third party, and/or vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website. Artevist does not warrant, endorse, guarantee, or assume responsibility for any hyperlinked website or other promotion, and Artevist will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. No advice or information, whether oral or written, obtained by you from Artevist or through or from the Website shall create any warranty not expressly stated in the User Agreement. 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 where appropriate.
The Artevist Website is Copyright, 2010 by Artevist Communications Inc., with all Rights Reserved. No portion of the Website may be copied, reproduced, transmitted or otherwise used for any purpose without the prior written permission of Artevist.
All of the Artevist trademarks are owned by Artevist Communications Inc. and may not be used for any purpose without prior written permission.
This User Agreement does not apply to the practices of companies or other entities that Artevist Communications Inc. does not manage or control. As with any service provided over the internet, we cannot guarantee the confidentiality or security of any information sent by you to us via the Website. This User Agreement will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein, excluding any conflict of laws rules that would apply another body of law. This User Agreement is available exclusively in English, and your failure to fully understand or comprehend the terms and condition set out, do not affect or lessen your acceptance of it. This User Agreement constitutes and contains the entire agreement between you and Artevist Communications Inc. with respect to its subject matter and supersedes any prior oral or written agreements. If any provision of this User Agreement is held to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable.
Violations of This User Agreement
Please report any violations of the User Agreement, including objectionable User Content or user conduct to: . Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behaviour in question. Upon receiving such a report of a possible violation, Artevist at its sole discretion may investigate the matter and take such action as Artevist determines to be appropriate.
Updates & Revisions
Artevist reserves the right to update and change this User Agreement without notice to you. Any new features that augment or enhance the current service, including the release of new tools and resources, shall be subject to this User Agreement. Continued use of the Website after any such changes shall constitute your consent to such changes.