The "ARTA Platform" is a set of APIs and services that third parties may use to (a) create applications for use on the ARTA Service ("Applications") and (b) enable their websites to work like Applications ("Connect Sites") through ARTA Connect ("Connect"). Applications and Connect Sites will be referred to together as "Applications/Connect Sites," which should be read as Applications and/or Connect Sites.
If you authorize an Application or allow a Connect Site to connect with your account on the ARTA Service, you agree that such Application/Connect Site can (a) access information on the ARTA Service related to you (including your profile information, friends and privacy settings) and (b) generate and publish news feed and other stories about actions you take on such Application/Connect Site without any additional permission. If you want to change the information that Applications/Connect Sites can access, you may modify your (privacy settings). If you no longer want these news feed or other stories to be published, you can disable this feature by changing your (application settings). If you, your friends or members of your network use any Application/Connect Site, such Applications/Connect Sites may access and share certain information about you with others in accordance with your (privacy settings).
Once you allow a Connect Site to connect with your account on the ARTA Service, you will be able to use your login information for the ARTA Service to log into and interact with your friends on that Connect Site. In order to make Connect possible, you agree to allow us to check your cookies for the ARTA Service when you are visiting Connect Sites. When your friends connect their account on the ARTA Service with a Connect Site, Connect will enable them to find friends on the ARTA Service that may also be users of that Connect Site and invite them to use Connect as well. If you do not want your friends to be able to invite you to connect on a Connect Site, you may change your (privacy settings) to disable this feature. Even if you have not gone through the Connect process, you may be able to authorize a Connect Site to generate and publish news feed and other stories about an action or all actions that you take on that Connect Site. If you want to change your settings for that Connect Site, visit your (application settings).
Your Privacy Practices
We respect the privacy rights of third parties, and you must do so as well on the ARTA Service. If you collect, access or use information relating to any user of the ARTA Service (including information contained in any user profile) you must obtain consent from the user and make it clear to the user that the collection, access and use is being carried out by you and not ARTA.
Consent to Release Recorded Audio/Video Material
I hereby give my consent to ARTA to record my participation in the program or sessions that I attend online or in person. Further, I hereby transfer and assign to ARTA the exclusive right to use and to authorize others to use all or part of my participation in said program or sessions for all purposes including outreach programming and public information within ARTA. Further, I agree to indemnify and hold harmless ARTA from and against any and all claims and demands whatsoever including but not limited to claims or demands arising from infringement of copyright, proprietary right of claims of libel, obscenity or invasion of privacy that may arise out of any part of my participation in said program or from any breach or warranties or representations herein contained.
You must be authorized to use the credit card, debit card or other payment source ("Card") you provide to purchase services. By purchasing services, you authorize ARTA or its designated payment processor to charge the purchase amount (plus any applicable fees) to your Card. By providing your Card account information to ARTA, you authorize us to collect and store it and other related transaction information. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees plus applicable taxes associated with the Site in a timely manner with a valid payment method. If your account is past due or your payment transaction fails, we may collect any such fees owed using other collection methods. (This includes charging other payment methods on file with us and retaining collection agencies and legal counsel)
When you purchase services, you are purchasing only a limited license to use certain features on the ARTA Service. Service fees are non-refundable and are not redeemable for any sum of money or monetary value from ARTA at any time. ARTA does not guarantee the transferability of Service. Services may not be transferred to any third party outside of the ARTA Service and may not be used as a means to transfer money to a third party. You agree that ARTA has the absolute right to manage, regulate, control, modify and/or eliminate sessions as it sees fit, and ARTA will have no liability to you for exercising such rights.
Ownership; Proprietary Rights
Except for User Content and Applications/Connect Sites, all materials, content and trademarks on the ARTA Service are the property of ARTA and/or its licensors and are protected by all relevant IP laws and other proprietary rights (including copyright, trademark, trade dress and patent laws) and any other applicable laws. Without limiting the foregoing, ARTA, the ARTA Logo and 32665 and all related logos, are trademarks of ARTA. Except as expressly authorized by ARTA in writing, you agree not to use, sell, license, distribute, copy, publish, stream, publicly perform or display, transmit, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works or otherwise make unauthorized use of the materials, content or trademarks.
You are solely responsible for the User Content that you Post on or through the ARTA Service. You hereby grant ARTA an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to (a) use, copy, publish, stream, store, retain, publicly perform or display, transmit, scan, reformat, modify, edit, frame, translate, excerpt, adapt, create derivative works and distribute (through multiple tiers), any User Content you (i) Post on or in connection with the ARTA Service or the promotion thereof subject only to your (privacy settings) or (ii) enable a user to Post, including by offering a Share Link on your website and (b) to use your name, likeness and image for any purpose, including commercial or advertising, each of (a) and (b) on or in connection with the ARTA Service or the promotion thereof. You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
If you own or control a website, you may place ARTA share link button, logo and/or text (a "Share Link"), including all trademarks therein, on your website for the sole purpose of enabling users to Post links or content from your website on the ARTA Service. By offering a Share Link on your website, you agree, represent and warrant that you will not place a Share Link on any page containing content that would violate these Terms if Posted on the ARTA Service. The rights granted in this paragraph may be revoked by us at any time in our sole discretion, and upon such termination, you will immediately remove all Share Links from your website.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to ARTA ("Submissions"), are non-confidential and non-proprietary. ARTA will be entitled to the unrestricted use of any such Submission for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
User Disputes; Complaints
You agree not to hold ARTA responsible or liable for the User Content or actions of third parties (including your interactions with users) on or relating to the ARTA Service. This includes transactions conducted on the ARTA Service as well as the collection, handling and sharing of personal information that you provide to third parties. If you have a dispute with a third party relating to the ARTA Service, you release ARTA and its directors, officers, employees and agents (collectively, the "ARTA Entities") from any claims, causes of action and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
If you believe that the ARTA Service or ARTA's business practices are in any way unfair, fraudulent or unlawful, you agree to bring it to the attention of ARTA's legal department. If you do not report the issue or continue using the service after discovering the issue, you expressly waive the right to claim that the ARTA Service is unfair, fraudulent or unlawful with respect to that issue.
You agree to indemnify and hold ARTA Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the ARTA Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. ARTA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify ARTA, and you agree to cooperate with ARTA's defense of these Claims.
USE OF THE ARTA SERVICE IS AT YOUR OWN RISK. THE ARTA SERVICE, ARTA WEBSITES AND ALL APPLICATIONS, FEATURES, CONTENT AND MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE ARTA SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTA, ITS SUPPLIERS, LICENSORS AND PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, ARTA, ITS SUPPLIERS, LICENSORS AND PARTNERS DO NOT WARRANT THAT THE ARTA SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE ARTA SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ARTA IS NOT RESPONSIBLE OR LIABLE FOR, AND DOES NOT APPROVE OR ENDORSE ANY THIRD PARTY CONTENT, MATERIALS, WEBSITES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH THE ARTA SERVICE (COLLECTIVELY, "THIRD PARTY MATERIALS"). WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR THE CONTENT, ACCURACY, AVAILABILITY, OFFENSIVENESS, OPINIONS, RELIABILITY, PRIVACY PRACTICES OR OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS, AND WE CANNOT AND DO NOT GUARANTEE THAT THIRD PARTY MATERIALS WILL COMPLY WITH THE RESTRICTIONS, CONDITIONS OR OBLIGATIONS THAT WE REQUIRE. IF YOU DECIDE TO USE OR ACCESS THIRD PARTY MATERIALS, YOU DO SO AT YOUR OWN RISK AND YOU MAY BE REQUIRED TO AGREE TO TERMS OF SERVICE, PRIVACY AND DATA GATHERING PRACTICES AND OTHER POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS. PLEASE REVIEW ALL SUCH TERMS AND POLICIES CAREFULLY.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation on Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL ARTA ENTITIES OR THEIR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE OR EXEMPLARY DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM YOUR USE OR YOUR INABILITY TO USE THE ARTA SERVICE, THE ARTA WEBSITES OR ANY APPLICATIONS, FEATURES, CONTENT OR THIRD PARTY MATERIALS MADE AVAILABLE ON, IN CONJUNCTION WITH OR THROUGH THE ARTA SERVICE, EVEN IF ARTA OR A ARTA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARTA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY TO YOU OF ARTA ENTITIES OR OF THEIR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE ARTA SERVICE, INCLUDING WITHOUT LIMITATION YOUR INTERACTIONS WITH OTHER USERS OF THE ARTA SERVICE (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, TO ARTA DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM OR $100, WHICHEVER IS GREATER.
Termination and Changes to the ARTA Service
We may terminate your account on the ARTA Service, delete your profile and any User Content you have Posted on or through the ARTA Service, and/or prohibit you from using or accessing the ARTA Service (or any portion thereof) for any or no reason, at any time in our sole discretion, with or without notice. Further, we reserve the right to change any aspect or feature of the ARTA Service at any time without notice. The following sections will survive any termination of your use of the ARTA Service: Prohibited Conduct, User Content, Your Privacy Practices, Gift Credits, Ownership; Proprietary Rights, Licenses, Submissions, User Disputes; Complaints, Indemnity, General Disclaimers, Limitation on Liability, Termination and Changes to the ARTA Service, Arbitration, Governing Law; Venue and Jurisdiction and Other.
Except as set forth in the paragraph below, you agree that all claims and disputes between you and ARTA that arise out of or relate in any way to the Terms or your use of the ARTA Service will be resolved either by (a) binding arbitration by a single arbitrator in Los Angeles County, California or (b) binding non-appearance based arbitration conducted by telephone, online or based solely on written submission. Such arbitration will be administered by Judicial Arbitration and Mediation Services ("JAMS") (see www.jamsadr.com) pursuant to its Comprehensive Arbitration Rules. The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction.
With respect to any claims or disputes you intend to bring on behalf of a class, you agree to arbitrate whether a class could be certified before bringing such action in a court of law. If the arbitrator refuses to certify the class, you will continue to resolve your individual claims or disputes through binding arbitration. If the arbitrator finds that a class should be certified, you may file the class action in a court of law provided you waive any right to a trial by jury. Claims for injunctive or other equitable relief may also be brought in a court of law.
Governing Law; Venue and Jurisdiction
You agree that all claims and disputes between you and ARTA that arise out of or relate in any way to the Terms or your use of the ARTA Service will be governed by the laws of the State of California (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Los Angeles County, California.
The "ARTA Service" means the features, services and properties that ARTA makes available through (a) (www.) or any other ARTA-branded or co-branded website (including, without limitation, any and all sub-domains and all international, mobile versions and successors thereof), (b) the ARTA Platform and (c) other media, devices or networks now existing or later developed. Unless otherwise specified, the terms "includes," "including," "e.g.," "for example," and other similar terms used herein are deemed to include the term "without limitation" immediately thereafter. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision in that or any other instance. If, for any reason, any provision of these Terms or portion thereof is rendered invalid or unenforceable, the remainder of these Terms will remain in full force and effect and will be enforced to the maximum extent permissible so as to effect the intent of the parties. An arbitrator or court will substitute or rewrite any invalid or unenforceable term or provision to make such term or provision valid and enforceable. All communications and notices to be made or given pursuant to these Terms will be in the English language. You consent to receiving communications and notices from ARTA at the email address you provide in registering for the ARTA Service or otherwise elect in your (account settings). These Terms constitute the entire agreement and supersede any prior agreement between you and us regarding your use of the ARTA Service.
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