June 16, 2008
Your relationship with Artisanpath
1.1
“You” refers to the person or party paying Artisanpath for
services or using Artisanpath's services, and any person or party
legally represented by a website created by Artisanpath, whether or
not said person or party is directly responsible for payment.
1.2
Your use of Artisanpath's products, software, services and web sites
(referred to collectively as the “Services” in this document and
excluding any services provided to you by Artisanpath under a
separate written agreement) is subject to the terms of a legal
agreement between you and Artisanpath. “Artisanpath” refers to
Artisanpath LLC, whose principal place of business is at 1122 Garvin
Pl #106, Louisville, KY 40203. Artisanpath's registered agent for
legal correspondence is Incorp Services, Inc., 828 Lane Allen Road,
Suite 219, Lexington, KY, 40205. This document explains how the
agreement is made up, and sets out some of the terms of that
agreement.
1.3
Artisanpath offers services primarily through the “ArtisanSites”
program, which is comprised of all html code, php code, computer
code, supporting third-party programs, and server configurations used
by the program. Your website, created by Artisanpath to represent
you or your organization, is referred to below as an “ArtisanSite”
offered under Artisanpath's “ArtisanSites” program.
1.4
Unless otherwise agreed in writing with Artisanpath, your agreement
with Artisanpath will always include, at a minimum, the terms and
conditions set out in this document. These are referred to below as
the “Universal Terms”.
1.5
Your agreement with Artisanpath will also include the terms of any
Legal Notices applicable to the Services, in addition to the
Universal Terms. All of these are referred to below as the
“Additional Terms”. Where Additional Terms apply to a Service,
these will be accessible for you to read either within, or through
your use of, that Service.
1.6
The Universal Terms, together with the Additional Terms, form a
legally binding agreement between you and Artisanpath in relation to
your use of the Services. It is important that you take the time to
read them carefully. Collectively, this legal agreement is referred
to below as the “Terms”.
1.7
If there is any contradiction between what the Additional Terms say
and what the Universal Terms say, then the Additional Terms shall
take precedence in relation to that Service.
1.8
No statement, spoken, written, or implied, will constitute a legal
contract between you and Artisanpath unless said statement is in a
written contractual form written by Artisanpath and referred to in
its body as “Additional Terrms”.
1.9
Your ArtisanSite may allow third parties and persons within or
outside your organization to create accounts on your site for the
purpose of receiving email updates, holding discussions or leaving
comments in a “forum” setting, posting material on your website,
or performing other activities and functions. Such parties and
persons will be referred to below as “Users”. You are solely
responsible for the actions of Users. Neither you or your users may
hold Artisanpath legally responsible for any actions or damages
caused by you, the ArtisanSites program, or any Users.
1.10
Artisanpath may, at your or Artisanpath's discretion, incorporate
data and content from your ArtisanSite into the ArtisanSites of
similar parties or organizations, such as the ArtisanSites of other
organizations within a larger “umbrella organization”. Examples
of instances in which data and content may be shared between your
ArtisanSite and another ArtisanSite include but are not limited to
scenarios in which the sites represent political campaigns with a
similar goal, based in different localities, in which the sites
represent separate branches of the same political party, or in which
the sites represent similar special interest groups. This
relationship between ArtisanSites may be initiated at Artisanpath's
discretion or when Artisanpath has created a website-based method of
creating a relationship between ArtisanSites, and Artisanpath has the
final say in this matter. However, any request submitted in writing
to remove your content from another ArtisanSite and restrict or
suspend their permission to use you content will be honored as soon
as is technically and conveniently possible.
2. Accepting the Terms
2.1
In order to use the Services, you must first agree to the Terms. You
may not use the Services if you do not accept the Terms.
2.2
You can accept the Terms by:
(A) making a payment for services
or requesting service; or
(B) by actually using the
Services. In this case, you understand and agree that Artisanpath
will treat your use of the Services as acceptance of the Terms from
that point onwards.
2.3
You may not use the Services and may not accept the Terms if (a) you
are not of legal age to form a binding contract with Artisanpath, or
(b) you are a person barred from receiving the Services under the
laws of the United States or other countries including the country in
which you are resident or from which you use the Services.
2.4
You should keep a copy of all Universal Terms and Additional Terms
for your records.
3. Language of the Terms
3.1
Where Artisanpath has provided you with a translation of the English
language version of the Terms, you agree that the translation is
provided for your convenience only and that the English language
versions of the Terms will govern your relationship with Artisanpath.
3.2
If there is any contradiction between what the English language
version of the Terms says and what a translation says, then the
English language version shall take precedence.
4. Provision of the Services by Artisanpath
4.1
You acknowledge and agree that Subsidiaries and Affiliates of
Artisanpath will be entitled to provide the Services to you.
4.2
Artisanpath is constantly innovating in order to provide the best
possible experience for its users. You acknowledge and agree that the
form and nature of the Services which Artisanpath provides may change
from time to time without prior notice to you.
4.3
As part of this continuing innovation, you acknowledge and agree that
Artisanpath may stop (permanently or temporarily) providing the
Services (or any features within the Services) to you or to users
generally at Artisanpath’s sole discretion, without prior notice to
you. You may stop using the Services at any time. You must
specifically inform Artisanpath when you stop using the Services.
Artisanpath will offer a prorated refund if service is permanently
stopped by Artisanpath. Any non-permanent suspension of service may
not be eligible for a prorated refund.
4.4
You acknowledge and agree that if Artisanpath disables access to your
account, you may be prevented from accessing the Service, your
account details, or any files or other content which is contained in
your account.
4.5
You acknowledge and agree that while Artisanpath may not currently
have set a fixed upper limit on the number of transmissions you may
send or receive through the Services or on the amount of storage
space used for the provision of any Service, such fixed upper limits
may be set by Artisanpath at any time, at Artisanpath’s discretion.
4.6
Artisanpath offers a “core bundle” of ArtisanSite services.
Additional services and ArtisanSite program “modules” may be
available for an additional cost. Artisanpath reserves the right to
add or remove services from the core bundle of services at any time
at Artisanpath's discretion.
5. Use of the Services by you
5.1
In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact
details) as part of the registration process for the Service, or as
part of your continued use of the Services. You agree that any
registration information you give to Artisanpath will always be
accurate, correct and up to date.
5.2
You agree to use the Services only for purposes that are permitted by
(a) the Terms and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions
(including any laws regarding the export of data or software to and
from the United States or other relevant countries).
5.3
You agree not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by
Artisanpath, unless you have been specifically allowed to do so in a
separate agreement with Artisanpath. You specifically agree not to
access (or attempt to access) any of the Services through any
automated means (including use of scripts or web crawlers) and shall
ensure that you comply with the instructions set out in any
robots.txt file present on the Services.
5.4
You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are
connected to the Services).
5.5
Unless you have been specifically permitted to do so in a separate
agreement with Artisanpath, you agree that you will not reproduce,
duplicate, copy, sell, trade or resell the Services for any purpose.
5.6
You agree that you are solely responsible for (and that Artisanpath
has no responsibility to you or to any third party for) any breach of
your obligations under the Terms and for the consequences (including
any loss or damage which Artisanpath may suffer) of any such breach.
6. Your passwords and account security
6.1
You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to
access the Services.
6.2
Accordingly, you agree that you will be solely responsible to
Artisanpath for all activities that occur under your account.
6.3
If you become aware of any unauthorized use of your password or of
your account, you agree to notify Artisanpath immediately at
david@artisanpath.com.
7. Privacy and your personal information
7.1
For information about Artisanpath’s data protection practices,
please read Artisanpath’s privacy policy. This policy explains how
Artisanpath treats your personal information and protects your
privacy when you use the Services.
7.2
You agree to the use of your data in accordance with Artisanpath’s
privacy policies.
7.3
Some Users may elect to keep some or all of their personal
information private or to share their information only with certain
other special Users of your ArtisanSite. You agree to use any fully
or partially private information for no other purpose than for use
through ArtisanSites or for use by Users to whom the User has agreed
to make this information available.
7.4
You agree to use Artisanpath's privacy policy as the privacy policy
for your website. Artisanpath is in no way liable, and is fully
indemnified, for any breach of this shared privacy policy.
8. Content in the Services
8.1
You understand that all information (such as data files, written
text, computer software, music, audio files or other sounds,
photographs, videos or other images) which you may have access to as
part of, or through your use of, the Services are the sole
responsibility of the person from which such content originated. All
such information is referred to below as the “Content”.
8.2
You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services
and sponsored Content within the Services as well as data and content
from other ArtisanSites or third-party sources may be protected by
intellectual property rights which are owned by the sponsors or
advertisers who provide that Content to Artisanpath (or by other
persons or companies on their behalf). You may not modify, rent,
lease, loan, sell, distribute or create derivative works based on
this Content (either in whole or in part) unless you have been
specifically told that you may do so by Artisanpath or by the owners
of that Content, in a separate agreement.
8.3
Artisanpath reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service. For some of the Services, Artisanpath may
provide tools to filter out explicit sexual content.
8.4
You understand that by using the Services you may be exposed to
Content that you may find offensive, indecent or objectionable and
that, in this respect, you use the Services at your own risk.
8.5
You agree that you are solely responsible for (and that Artisanpath
has no responsibility to you or to any third party for) any Content
that you or any User create, transmit or display while using the
Services and for the consequences of your actions (including any loss
or damage which Artisanpath may suffer) by doing so.
9. Proprietary rights
9.1
You acknowledge and agree that Artisanpath own all legal right, title
and interest in and to the Services, including any intellectual
property rights which subsist in the Services (whether those rights
happen to be registered or not, and wherever in the world those
rights may exist). You further acknowledge that the Services may
contain information which is designated confidential by Artisanpath
and that you shall not disclose such information without
Artisanpath’s prior written consent. These Terms do not constitute
an exclusive contract with you. Artisanpath retains the right to
reuse any content, code, or design features created by Artisanpath on
any ArtisanSite or any other website or in any other form.
9.2
Unless you have agreed otherwise in writing with Artisanpath, nothing
in the Terms gives you a right to use any of Artisanpath’s trade
names, trade marks, service marks, logos, domain names, and other
distinctive brand features.
9.3
Other than the limited license set forth in Section 11, Artisanpath
acknowledges and agrees that it obtains no right, title or interest
from you (or your licensors) under these Terms in or to any Content
that you submit, post, transmit or display on, or through, the
Services, including any intellectual property rights which subsist in
that Content (whether those rights happen to be registered or not,
and wherever in the world those rights may exist). Unless you have
agreed otherwise in writing with Artisanpath, you agree that you are
responsible for protecting and enforcing those rights and that
Artisanpath has no obligation to do so on your behalf.
9.4
You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark
notices) which may be affixed to or contained within the Services.
9.5
Unless you have been expressly authorized to do so in writing by
Artisanpath, you agree that in using the Services, you will not use
any trade mark, service mark, trade name, logo of any company or
organization in a way that is likely or intended to cause confusion
about the owner or authorized user of such marks, names or logos.
10. License from Artisanpath
10.1
Artisanpath gives you a personal, worldwide, royalty-free,
non-assignable and non-exclusive license to use the software provided
to you by Artisanpath as part of the Services as provided to you by
Artisanpath (referred to as the “Software” below). This license
is for the sole purpose of enabling you to use and enjoy the benefit
of the Services as provided by Artisanpath, in the manner permitted
by the Terms.
10.2
You may not (and you may not permit anyone else to) copy, modify,
create a derivative work of, reverse engineer, decompile or otherwise
attempt to extract the source code of the Software or any part
thereof, unless this is expressly permitted or required by law, or
unless you have been specifically told that you may do so by
Artisanpath, in writing.
10.3
Unless Artisanpath has given you specific written permission to do
so, you may not assign (or grant a sub-license of) your rights to use
the Software, grant a security interest in or over your rights to use
the Software, or otherwise transfer any part of your rights to use
the Software, except for the intended use of the Software under the
umbrella of your organization's control.
11. Content license from you
11.1
You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give Artisanpath a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive
license to reproduce, adapt, modify, translate, publish, publicly
perform, publicly display and distribute any Content which you
submit, post or display on or through, the Services. This license is
for the sole purpose of enabling Artisanpath to display, distribute
and promote the Services and may be revoked for certain Services as
defined in the Additional Terms of those Services.
11.2
You agree that this license includes a right for Artisanpath to make
such Content available to other companies, organizations or
individuals with whom Artisanpath has relationships for the provision
of syndicated services, and to use such Content in connection with
the provision of those services.
11.3
You understand that Artisanpath, in performing the required technical
steps to provide the Services to our users, may (a) transmit or
distribute your Content over various public networks and in various
media; and (b) make such changes to your Content as are necessary to
conform and adapt that Content to the technical requirements of
connecting networks, devices, services or media. You agree that this
license shall permit Artisanpath to take these actions.
11.4
You confirm and warrant to Artisanpath that you have all the rights,
power and authority necessary to grant the above license.
11.5
Some content created by you or your Users may be made available in an
RSS news feed or any other news feed format. By creating a news feed
on your ArtisanSite, you license the public to share your content in
its original form for the purpose of public distribution. This
license excludes any content or code which is owned or created by
Artisanpath with the exception of code in the news feed.
11.6
You agree that Artisanpath may use text, pictures, or screen images
from your content and website for the purpose of providing examples
and promoting the services.
12. Software updates
12.1
The Software which you use may automatically update from time to
time. These updates are designed to improve, enhance and further
develop the Services and may take the form of bug fixes, enhanced
functions, new software modules and completely new versions. You
agree to receive such updates (and permit Artisanpath to deliver
these to you) as part of your use of the Services.
13. Ending your relationship with Artisanpath
13.1
The Terms will continue to apply until terminated by either you or
Artisanpath as set out below.
13.2
If you want to terminate your legal agreement with Artisanpath, you
may do so by (a) notifying Artisanpath at any time and (b) closing
your accounts for all of the Services which you use, where
Artisanpath has made this option available to you. Your notice should
be sent, in writing, to Artisanpath's address which is set out at the
beginning of these Terms.
13.3
Artisanpath may at any time, terminate its legal agreement with you
with or without a refund if:
(A) you have breached any
provision of the Terms (or have acted in manner which clearly shows
that you do not intend to, or are unable to comply with the
provisions of the Terms); or
(B) Artisanpath is required to do
so by law (for example, where the provision of the Services to you
is, or becomes, unlawful); or
(C) the partner with whom
Artisanpath offered the Services to you has terminated its
relationship with Artisanpath or ceased to offer the Services to you;
or
(D) Artisanpath is transitioning
to no longer providing the Services to users in the country in which
you are resident or from which you use the service; or
(E) the provision of the Services
to you by Artisanpath is, in Artisanpath’s opinion, no longer
commercially viable; or
(F) Artisanpath determines that
the content on your ArtisanSite may harm the reputation of
Artisanpath or any of its affiliates, service providers, or existing
or future customers.
13.4
Nothing in this Section shall affect Artisanpath’s rights regarding
provision of Services under Section 4 of the Terms.
13.5
When these Terms come to an end, all of the legal rights, obligations
and liabilities that you and Artisanpath have benefited from, been
subject to (or which have accrued over time whilst the Terms have
been in force) or which are expressed to continue indefinitely, shall
be unaffected by this cessation, and the provisions of paragraph 20.7
shall continue to apply to such rights, obligations and liabilities
indefinitely.
14. EXCLUSION OF WARRANTIES
14.1
NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE
OR LIMIT ARTISANPATH’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY
NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR
DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED
TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE
LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU
AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
14.2
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS"
AND “AS AVAILABLE.”
14.3
IN PARTICULAR, ARTISANPATH, ITS SUBSIDIARIES AND AFFILIATES, AND ITS
LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL
MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL
BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY
YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR
RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION
OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE
SERVICES WILL BE CORRECTED.
14.4
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER
DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH
MATERIAL.
14.5
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM ARTISANPATH OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
14.6
ARTISANPATH FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
15. LIMITATION OF LIABILITY
15.1
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 14.1 ABOVE, YOU EXPRESSLY
UNDERSTAND AND AGREE THAT ARTISANPATH, ITS SUBSIDIARIES AND
AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE
INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.
THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR
BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT
OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY
BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A
RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON
THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A
RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY
ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH ARTISANPATH
MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION
IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE
SERVICES);
(III) THE DELETION OF, CORRUPTION
OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA
MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;
(III) YOUR FAILURE TO PROVIDE
ARTISANPATH WITH ACCURATE ACCOUNT INFORMATION;
(IV) YOUR FAILURE TO KEEP YOUR AND
YOUR USERS' PASSWORDS OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
15.2
THE LIMITATIONS ON ARTISANPATH’S LIABILITY TO YOU IN PARAGRAPH 15.1
ABOVE SHALL APPLY WHETHER OR NOT ARTISANPATH HAS BEEN ADVISED OF OR
SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
16. Copyright and trade mark policies
16.1
It is Artisanpath’s policy to respond to notices of alleged
copyright infringement that comply with applicable international
intellectual property law (including, in the United States, the
Digital Millennium Copyright Act) and to limit or terminate the
accounts of repeat infringers.
17. Other content
17.1
The Services may include hyperlinks to other web sites or content or
resources. Artisanpath may have no control over any web sites or
resources which are provided by companies or persons other than
Artisanpath.
17.2
You acknowledge and agree that Artisanpath is not responsible for the
availability of any such external sites or resources, and does not
endorse any advertising, products, other materials, or content on or
available from such web sites or resources.
17.3
You acknowledge and agree that Artisanpath is not liable for any loss
or damage which may be incurred by you as a result of the
availability of those external sites or resources, or as a result of
any reliance placed by you on the completeness, accuracy or existence
of any advertising, products or other materials on, or available
from, such web sites or resources.
17.4
You acknowledge and agree that Artisanpath is not liable for content
from other websites or ArtisanSites that is shown on your
ArtisanSite. You may at any time refuse to allow any third-party
content which was not created by Artisanpath from being shown on your
website.
18. Recorded Information
18.1
Artisanpath may record any information about your or Users' usage of
any ArtisanSite or Artisanpath service for the use of monitoring
usage, improving the service, or any other purpose.
18.2 Usage of an ArtisanSite or Artisanpath service may require that cookies and other information be automatically stored on your computer through your web browser in order to monitor usage and as a part of the functionality of the ArtisanSites program.
19. Prohibited Actions
19.1
You and your Users may not:
(A)
Generate or facilitate unsolicited commercial email ("spam").
Such activity includes, but is not limited to, whether this spam or
content is sent through Artisanpath Services or through a third-party
service:
(I)
Sending email in violation of the CAN-SPAM Act or any other
applicable anti-spam law.
(II)
Imitating or impersonating another person or his, her, or its email
address, or creating false accounts for the purpose of sending spam.
(III)
Data mining any web property (including ArtisanSites) to find email
addresses.
(IV)
Sending unauthorized mail via open, third-party servers.
(V)
Sending emails to users who have requested to be removed from a
mailing list.
(VI)
Selling, exchanging or distributing to a third party the email
addresses of any person without such person's knowing and continued
consent to such disclosure
(VII)
Sending unsolicited emails to significant numbers of email addresses
belonging to individuals and/or entities with whom you have no
preexisting relationship.
(VIII)
Sending, uploading, distributing, or disseminating or offering to do
the same with respect to any unlawful, defamatory, harassing,
abusive, fraudulent, infringing, obscene, or otherwise objectionable
content.
(B)
Intentionally distribute viruses, worms, defects, Trojan horses,
corrupted files, hoaxes, or any other items of a destructive or
deceptive nature.
(C) Conduct or forward pyramid schemes and the like.
(D)
Transmit content that may be harmful to minors.
(E)
Impersonate another person (via the use of an email address or
otherwise) or otherwise misrepresent yourself or the source of any
email or content.
(F)
Illegally transmit another's intellectual property or other
proprietary information without such owner's or licensor's
permission.
(G)
Use ArtisanSites to violate the legal rights (such as rights of
privacy and publicity) of others.
(H)
Promote or encourage illegal activity.
(I)
Interfere with other ArtisanSites or Artisanpath users' enjoyment of
the Service.
(J)
Create multiple User accounts in connection with any violation of the
Agreement or create user accounts by automated means or under false
or fraudulent pretenses.
(K)
Sell, trade, resell or otherwise exploit for any unauthorized
commercial purpose or transfer any ArtisanSites account.
(L)
Modify, adapt, translate, or reverse engineer any portion of the
ArtisanSites service.
(M)
Remove any copyright, trademark or other proprietary rights notices
contained in or on the ArtisanSites service.
(N)
Reformat or frame any portion of the web pages that are part of the
ArtisanSites service.
(O)
Use the ArtisanSites Service in connection with illegal peer-to-peer
file sharing.
20. Changes to the Terms
20.1
Artisanpath may make changes to the Universal Terms or Additional
Terms from time to time. When these changes are made, Artisanpath
will submit the new Terms by email or through the website or service
to you of the User designated as “Chief Editor” on your
ArtisanSites permission page. Artisanpath is not responsible for
your failure to receive the new Terms for any reason, including
incorrect contact information, network or email system failure, or
any failure of your Chief Editor or representative to inform you of
the changes.
20.2 You
understand and agree that if you use the Services after the date on
which the Universal Terms or Additional Terms have changed,
Artisanpath will treat your use as acceptance of the updated
Universal Terms or Additional Terms.
21. General legal terms
21.1
Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece
of software, or purchase goods, which are provided by another person
or company. Your use of these other services, software or goods may
be subject to separate terms between you and the company or person
concerned. If so, the Terms do not affect your legal relationship
with these other companies or individuals.
21.2 The
Terms constitute the whole legal agreement between you and
Artisanpath and govern your use of the Services (but excluding any
services which Artisanpath may provide to you under a separate
written agreement), and completely replace any prior agreements
between you and Artisanpath in relation to the Services.
21.3 You
agree that Artisanpath may provide you with notices, including those
regarding changes to the Terms, by email, regular mail, or postings
on the Services.
21.4 You
agree that if Artisanpath does not exercise or enforce any legal
right or remedy which is contained in the Terms (or which Artisanpath
has the benefit of under any applicable law), this will not be taken
to be a formal waiver of Artisanpath’s rights and that those rights
or remedies will still be available to Artisanpath.
21.5 If
any court of law, having the jurisdiction to decide on this matter,
rules that any provision of these Terms is invalid, then that
provision will be removed from the Terms without affecting the rest
of the Terms. The remaining provisions of the Terms will continue to
be valid and enforceable.
21.6 You
acknowledge and agree that each member of the group of companies of
which Artisanpath is the parent shall be third party beneficiaries to
the Terms and that such other companies shall be entitled to directly
enforce, and rely upon, any provision of the Terms which confers a
benefit on (or rights in favor of) them. Other than this, no other
person or company shall be third party beneficiaries to the Terms.
21.7 The
Terms, and your relationship with Artisanpath under the Terms, shall
be governed by the laws of the Commonwealth of Kentucky without
regard to its conflict of laws provisions. You and Artisanpath agree
to submit to the exclusive jurisdiction of the courts located within
the county of Jefferson, Kentucky to resolve any legal matter arising
from the Terms. Notwithstanding this, you agree that Artisanpath
shall still be allowed to apply for injunctive remedies (or an
equivalent type of urgent legal relief) in any jurisdiction.
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