BEFORE APPLYING FOR, ACCEPTING, OR USING YOUR ARTWISTS ACCOUNT YOU MUST READ AND ACCEPT THE TERMS OF THIS "SUBSCRIBER AGREEMENT". IF YOU DO NOT AGREE TO THE TERMS OF THIS SUBSCRIBER AGREEMENT, DO NOT APPLY FOR, ACCEPT, OR USE AN ARTWISTS ACCOUNT
Artwists Subscriber Agreement –
Security/Privacy and Terms of Service
ACCEPTANCE OF TERMS AND CONDITIONS
Please read this Subscriber Agreement carefully before accessing or using an Artwists account or website and the services we offer. The terms and conditions regarding your application for and use of the Artwists account you have applied for are contained within this Subscriber Agreement. By accessing an Artwists account or using the Artwists services, you, the Subscriber, agree to be bound by the terms and conditions of this agreement. Artwists and its affiliates, licensors and suppliers provide information and services to you, the user, conditioned on your acceptance without modification of the terms, conditions and notices contained in this Subscriber Agreement.
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of Artwists services, you agree to provide full and accurate information about yourself as requested in our registration form and to update the registration form in a timely manner as such information changes. You further agree to update the registration in a timely manner, as personal information changes. If we ever find, or if we have reason to believe that any information is untrue, inaccurate or incomplete, we have the right to suspend or terminate your account and refuse any and all future use of the services.
CANCELLATION / TERMINATION
Voluntary
You may cancel at any time by contacting cancel@artwists.com. Artwists is not responsible for cancellation emails sent to the wrong email address. Your account will be terminated upon Artwists receiving your cancellation notice. If you are part way through a monthly or yearly billing cycle, the remaining days or months in that cycle are forfeited. Artwists will not reimburse or refund any unused portion, days, or months in your subscription plan. Your account will not be charged further fees unless outstanding charges exist on your account. Outstanding charges will be charged to your credit or debit card automatically by Artwists. If your account is an approved group invoice billing account, an invoice will be submitted by Artwists for final payment.
Involuntary
If you fail to pay your obligations due under this Subscriber Agreement, or if you breach any portion of this Subscriber Agreement, Artwists may immediately terminate this Subscriber Agreement. Artwists is not liable for any damages that may result from termination carried out in accordance with this Subscriber Agreement.
IF YOUR ARTWISTS ACCOUNT IS CANCELLED OR TERMINATED FOR ANY REASON YOU WILL LOSE ALL ACCESS TO YOUR ARTWISTS ACCOUNT.
PASSWORD
In connection with your establishment of an account through Artwists, you will be required to select a password and account name. You are responsible for maintaining the confidentiality of your password and account name. Failure to do so will result in the termination of your account. You are fully responsible for all activities that occur under your account name. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. Neither Artwists, its parent or affiliates, nor their employees or agents will be liable for any loss or damage arising from your failure to comply with this section.
SUBSCRIBER RESPONSIBILITIES
You are fully responsible for the contents of your transmissions through Artwists service. Artwists serves as a passive conduit for you to send and receive information of your choice. Your use of Artwists service is subject to all applicable local, state, national, and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination of false advertising). You agree: (1) to comply with US law regarding the transmission of technical data exported from the United States through the services; (2) not to use the services for illegal purposes; (3) not to interfere or disrupt networks connected to the services; (4) to comply with all regulations, policies and procedures of networks connected to the services; (5) not to use the services to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Artwists services for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another Subscriber’s use and enjoyment of the Artwists services or another entity's use and enjoyment of similar services.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use Artwists services; (b) maintain any security of your subscriber identification, and other confidential information relating to your Artwists account and; © be responsible for all charges resulting from use of your Artwists account.
CHOICE / OPT OUT
As a subscriber, you are given the opportunity to 'opt-out' of having information used for purposes not directly related to the Artwists service offering at the point where the information is requested. This application notifies Subscribers that they may ‘opt out’ by notifying Artwists at webmaster@artwists.com so Subscribers that prefer not to receive any marketing material can request to have their email address kept off our lists. By electing to not opt-out, and by clicking on "I ACCEPT" below, you affirmatively consent to receiving, and will receive, marketing material.
Subscribers are always notified when their information is being collected by any outside parties. We do this so our Subscribers can make an informed choice as to whether they should proceed with services that require an outside party, or not.
PRIVACY STATEMENT
Artwists has built its electronic service with your privacy and security in mind. To ensure your privacy, Artwists periodically publishes a Privacy Statement that is incorporated by reference into this Subscription Agreement. You can view the Privacy Statement at www.artwists.com Please check this page periodically for changes in our privacy policy. By agreeing to the terms of this Subscription Agreement you acknowledge that you have read, understand and agree to the provisions of the Privacy Statement.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the services, you warrant to Artwists and its parent and affiliates that you will not use the services for any purpose that is unlawful or is prohibited by these terms, conditions, and notices. You agree to comply with all local rules applicable to you in your use of the services. You agree not to reproduce, resell or exploit for any commercial purposes, any portion of the services. If you violate any of these terms, your permission to use the services automatically terminates.
MODIFICATIONS TO SUBSCRIBER AGREEMENT
Except as otherwise provided in this Subscriber Agreement, you agree, during the term of this Subscriber Agreement, that Artwists may: (1) revise the terms and conditions of this Subscriber Agreement; and/or (2) change part of the services provided under this Subscriber Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Subscriber Agreement or change to the service(s) on Artwists Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review Artwists Web sites, including the current version of this Subscriber Agreement available on Artwists Web sites, to be aware of any such revisions. If you do not agree with any revision to the Subscriber Agreement, you may terminate this Subscriber Agreement at any time by providing notice to Artwists. Notice of your termination will be effective on receipt and processing by Artwists. Any fees paid by you if you terminate this Subscriber Agreement are non-refundable. By continuing to use Artwists services after any revision to this Subscriber Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. Artwists is not bound by nor should you rely on any representation by (I) any agent, representative or employee of any third party that you may use to apply for Artwists services; or in (ii) information posted on Artwists Web site of a general informational nature. No employee, contractor, agent or representative of Artwists is authorized to alter or amend the terms and conditions of this Subscriber Agreement.
MODIFICATIONS TO SERVICES
Artwists reserves the right to discontinue or modify any service with or without notice. Artwists shall not be liable to you or any third party should Artwists exercise its right to discontinue or modify the service in any way.
BILLING
You agree to pay all charges for your use of Artwists service at the prices then in effect. The prices in effect shall be those posted on the Artwists website at http://www.artwists.com ("Pricing Page"). Continued use of Artwists service or non-termination of your account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Payment of your Artwists account balance is due in advance. Payment must be made by the credit or debit card designated by you for Artwists use and transactions. If your Artwists account(s) is a designated group invoice billing account and is approved by Artwists, charges will be accumulated and invoiced on a monthly or yearly basis.
Member Fees
Yearly an Bi-annually (Gold Member and Platinum Member Level)
Yearly and Bi-annually service fees are payable in advance and are completely non-refundable. You agree that Artwists may submit charges for your yearly service fee upon each anniversary of the activation of your account, with authorization from you, until you cancel your account by contacting cancel@artwists.com and requesting that your account be terminated.
Monthly (Silver Member Level)
Monthly service fees are payable in advance and are completely non-refundable. You agree that Artwists may submit charges for your monthly service each month, with authorization from you, until you cancel your account by contacting cancel@artwists.com and requesting that your account be terminated. Monthly account billing starts at midnight on the first of every month.
Items to Purchase
Shirts, coats and other items are available as Add-ons to the member levels. Add-on items must be paid for in advance and are completely non-refundable. Your credit or debit card account will automatically be billed for any Add-on items that you order.(non-refundable items may be exchangeable if there is a sizing error or any defect faulted by the manufacture or Artwists.com)
Billing Questions
If you have any questions regarding any charges that have been applied to your account, you must contact Artwists at billing@artwists.com within 30 days of the charge date in writing. Correction to errors in billing will be provided as an Artwists credit. Artwists credit may be used for future monthly member fees and/or Add-ons. Failure to use your account will not be deemed a basis for refusing to pay any charges.
In the event Artwists submits charges for your membership or Add-on fees and those charges are rejected by your card issuer (or its agent or affiliate), you hereby authorize Artwists to deactivate your account until a successful process of your credit or debit card for the applicable fee, and any related charges to re-active your account has been completed.
NO RESALE OR REPRODUCTION OF THE SERVICES
You agree not to resell, reproduce, or upload to any other website any portion or material of Artwists service without an authorized Artwists Reseller Agreement.
FORCE MAJEURE
You agree not to hold Artwists responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, armed conflict, terrorist action, labor strike, lockout, boycott.
INDEMNITY
You agree to release, indemnify, defend and hold harmless Artwists and any of its contractors, agents, employees, officers, directors, shareholders, parents, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorney's fees and expenses, of third parties relating to or arising out of (a) this Subscriber Agreement or the breach of your warranties, representations and obligations under this Subscriber Agreement, (b) falsehoods or misrepresentations of fact by you on the Account Application, © any intellectual property or other proprietary right of any person or entity, (d) failure to disclose a material fact on the Account Application if the misrepresentation or omission was made negligently or with intent to deceive any party, (e) failure to take the precautions necessary to prevent the compromise, loss, disclosure, modification or unauthorized use of your password and account name. When Artwists is threatened with suit or sued by a third party, Artwists may seek written assurances from you concerning your promise to indemnify Artwists, your failure to provide those assurances may be considered by Artwists to be a material breach of this Subscriber Agreement. Artwits shall have the right to participate in any defense by you of a third-party claim related to your use of any Artwists services, with counsel of our choice at your own expense. You shall have sole responsibility to defend Artwists against any claim, but you must receive Artwists prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Subscriber Agreement.
SEVERABILITY
You agree that the terms of this Subscriber Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Subscriber Agreement; this Subscriber Agreement will be deemed amended to the extent necessary to make this Subscriber Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
GOVERNING LAW
You and Artwists agree that any disputes related to the services provided under this Subscriber Agreement shall be governed in all respects by and construed in accordance with the laws of the State of Arizona, United States of America.
ARBITRATION
To the extent permitted by law, before you may begin arbitration with respect to a dispute involving any aspect of this Subscriber Agreement, you shall notify Artwits, and any other party to the dispute for the purpose of seeking dispute resolution. If the dispute is not resolved within sixty (60) days after the initial notice, then a party may proceed in accordance with the following:
Any unresolved dispute arising under the terms of this Subscriber Agreement shall be decided by arbitration conducted through the services of the American Arbitration Association, hereinafter referred to as the "AAA."
Notice of demand for an arbitration hearing shall be in writing and properly served upon the parties to this Agreement. Arbitration hearings shall be held in Maricopa County, State of Arizona, at a location mutually agreeable to the parties.
There shall be one Arbitrator to hear the matter. The parties shall initially agree to a panel of 3 possible Arbitrators to hear the matter and each party shall have the opportunity to name one Arbitrator to be dropped from the panel until one remains. The party giving notice of the Arbitration demand shall be first to indicate its selection.
All costs of the Arbitration and the AAA shall be borne equally by both parties to this agreement, regardless of the final decision. The defaulting party as determined by the Arbitrator, shall pay all other costs and expenses, including reasonable attorney’s fees, incurred by the party in enforcing its rights under this Agreement.
NON-ASSIGNMENT
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Subscriber Agreement, whether by attachment, levy, garnishment or otherwise, renders this Subscriber Agreement voidable at Artwists option.
NOTICES
You will make all notices, demands or requests to Artwists with respect to this Subscriber Agreement in writing to: Attn: President, Artwists, 502 W. 3rd Ave Suit 16, Mesa, Arizona 85210.
SURVIVAL
This Subscriber Agreement shall be applicable for as long as your Artwists account remains active and you have not breached any provision of this Subscriber Agreement.
LIABILITY DISCLAIMER
YOU USE THE ARTWISTS SERVICES AT YOUR OWN RISK. IF YOUR USE OF THIS WEB SITE OR THE ARTWISTS SERVICES, OR THE MATERIALS CONTAINED THEREON OR LINKED THERETO (INCLUDING THE DOWNLOAD OF ANY CONTENT OR SOFTWARE), RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, NEITHER ARTWISTS NOR ITS AFFILIATES, NOR THEIR LICENSORS, SUPPLIERS, EMPLOYEES OR AGENTS ARE RESPONSIBLE FOR THOSE COSTS.
REASONABLE EFFORT SHALL BE MADE BY ARTWISTS TO PROVIDE RELIABLE SERVICE. ARTWISTS PROVIDES SERVICE ON THE INTERNET AND, AS SUCH, IS SUBJECT TO THE OPERATION OF THE INTERNET AND TELECOMMUNICATIONS INFRASTRUCTURES AS WELL AS THE OPERATION OF YOUR INTERNET CONNECTION SERVICE, ALL OF WHICH ARE BEYOND THE CONTROL OF ARTWISTS. ARTWISTS SHALL MAKE REASONABLE EFFORT TO PROVIDE BACK UP SERVICES SUCH AS FAX AND PHONE SERVICE IN THE EVENT THAT THE INTERNET-DEPENDENT SERVICES SUFFER OUTAGES BEYOND OUR CONTROL. USERS OF THE ARTWISTS SERVICE ARE ADVISED THAT THEY ARE CONDUCTING THEIR TRANSACTIONS OVER THE INTERNET. WHILE ARTWISTS HAS TAKEN ALL REASONABLE STEPS TO REDUCE RISK BY BUILDING SYSTEMS WITH HIGH LEVELS OF SECURITY TO ENSURE THE PRIVACY OF ALL TRANSACTION DATA AND THE SAFE TRANSMISSION OF CREDIT CARD INFORMATION, RISKS REMAIN DUE TO FACTORS BEYOND THE REASONABLE CONTROL OF ARTWISTS.
ARTWISTS AND ITS AFFILIATES, ITS PARENT, AND THEIR EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO, AND CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGE OR LOSS RELATED TO, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION CONTAINED ON OR ACCESSED THROUGH THE ARTWISTS WEB SITE OR THE SERVICES.
IN NO EVENT SHALL ARTWISTS, ITS AFFILIATES AND ITS PARENT, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (A) THE USE OF THIS WEB SITE OR THE SERVICES, (B) THE DELAY OR INABILITY TO USE THIS WEB SITE OR THE SERVICES, © ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEB SITE OR THE SERVICES, OR (D) UNAUTHORIZED THIRD PARTY ACCESS TO YOUR ACCOUNT OR (II) ANY COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ARTWISTS, ITS AFFILIATES, OR THEIR EMPLOYEES, AGENTS, LICENSORS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NEITHER ARTWISTS NOR ITS AFFILIATES, NOR THEIR LICENSORS OR SUPPLIERS MAKES ANY REPRESENTATION OR WARRANTY THAT THE INFORMATION, SOFTWARE, PRODUCTS, CONTENT, FORMS AND SERVICES CONTAINED ON OR ACCESSED VIA THIS WEBSITE OR OTHER ARTWISTS SERVICES WILL (I) MEET YOUR REQUIREMENTS OR (II) BE FREE FROM INACCURACIES, MISTAKES, DELAYS, INTERRUPTIONS OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN, ALTHOUGH NEITHER ARTWISTS NOR ITS AFFILIATES ASSUMES ANY OBLIGATION TO MAKE SUCH CHANGES. ARTWISTS, ITS AFFILIATES AND/OR THEIR LICENSORS OR SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEBSITE OR TO THE SERVICES AT ANY TIME. NEITHER ARTWISTS NOR ITS AFFILIATES, NOT THEIR LICENSORS OR SUPPLIERS, ARE RESPONSIBLE OR LIABLE FOR THE CONTENT, QUALITY AND TIMELINESS OF ONLINE FORMS, REPORT ORDERING, INSPECTORS, INSPECTION RESULTS, AND SIMILAR ITEMS. USE OF THESE FORMS AND SERVICES IS AT THE RISK OF THE USER. ARTWISTS AND ITS AFFILIATES ACT AS A CONDUIT FOR THESE ITEMS, AND CANNOT BE HELD LIABLE FOR ANY CONTENT OR SERVICES OTHER THAN THOSE DIRECTLY RELATED TO THE USE OF THIS WEB SITE OR OTHER ARTWISTS SERVICES.
BY CLICKING "I ACCEPT" BELOW, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THIS SUBSCRIBER AGREEMENT AND THAT YOU WILL BE BOUND BY AND COMPLY WITH ALL OF ITS TERMS AND CONDITIONS. DO NOT CLICK THE "I ACCEPT" BUTTON IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS SUBSCRIBER AGREEMENT.
Send your questions to info@artwists.com
