Terms and Conditions
Date Modified: May 27, 2011
By using the services provided by Art House, LLC (“Art House”), through the website available at http://www.arthousecoop.com/ or any other interaction with Art House, including but not limited to any services provided as “The Sketchbook Project” (the “Services”), you signify that you have read, understand and agree to be bound by these Terms and Conditions. These Terms and Conditions incorporate the rules and/or regulations attached to any and all projects undertaken by Art House, including, but not limited to, the Rules of the Sketchbook Project available at http://www.arthousecoop.com/projects/sketchbookproject/resources.
You agree to not use the Services to send, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
Art House reserves the right to remove any image or collection of images, as Art House deems necessary or advisable, in order to provide the Services. Upon notice to Art House, any image provided that is pornographic will be removed from the Services, and any image provided that is obscene in nature, or is illegal or violates any laws, will be removed from the Services and any identifying information associated with the image reported to authorities. We reserve the right to ban any individual user or website domain from using our services for any reason.
Art House is not liable for any damages related to your use of the Services. All data, photographs, messages, graphics, comments, text, or other materials ("Content"), are the sole responsibility of the person from whom such Content originated. You, and not Art House, are entirely responsible for all Content that you provide, transmit or otherwise make available through the Services. Art House does not control the Content published through the Services and does not guarantee the accuracy or integrity of such Content.
Art House is not liable for any statements or conduct of any third party using the Services. By using the Services, you may be exposed to Content that is indecent, objectionable or offensive.
Art House will not be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, nor will Art House be liable 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 through the Services. Art House assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user content, communications or personal settings.
You agree to indemnify and hold harmless Art House, its officers and employees for any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, transmit, post or otherwise make available through the Services.
You hereby acknowledge that any Sketchbooks or other physical artifacts submitted through the Services (“Artifacts”) are the sole property of Art House. Art House will undertake commercially reasonable best efforts to preserve and display the Artifacts in accordance with the stated goals of the project(s) for which they were submitted, but no warranty or guarantee is offered as to either the preservation or display of the Artifacts. Art House will not sell or otherwise transfer ownership of any Artifact without first making reasonable efforts to obtain your consent, such consent which shall not be unreasonably withheld. If Art House is unable to locate you or reasonably obtain your consent to any transfer transaction within two (2) months of their first attempt to do so, Art House may complete such transaction without incurring any liability to you under these Terms and Conditions.
Choice of Law and Forum
These Terms and Conditions and all aspects of the relationship between you and Art House shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and Art House agree to submit to the personal and exclusive jurisdiction of the courts located within the City of New York.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Improper Use of Data
Data mining, "scraping", and/or unauthorized crawling of Art House by any means is prohibited unless explicit permission is given. The robots.txt file shall provide authorization for crawling conducted in accordance with its provisions.
You retain the ownership of any rights you had in the Content at the time you provided it through the Services. By providing Content through the Services, you hereby grant Art House a perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such Content in connection with the Services and Art House’s (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your Content through the Services, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the Services and under these Terms and Conditions.
All uses of the Content not covered by the above paragraph (“Other Uses”) are by default licensed under a Creative Commons Attribution-NonCommercial-ShareAlike (“CC BY-NC-SA”) license (as fully described at http://creativecommons.org/licenses/by-nc-sa/3.0/legalcode).
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART HOUSE AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT ART HOUSE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.