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Terms of Use

Updated: August 20, 2002

INTRODUCTION

Welcome to the Artsjournal web site. Please read the following Terms and Conditions of Use agreement carefully and in its entirety. This agreement governs and controls your visit and use of the Artsjournal Web site. This agreement is comprehensive. No other terms or conditions apply.

ACCEPTANCE OF TERMS & CONDITIONS OF USE

By using this Web site, you signify your agreement to all terms, conditions, and notices contained or referenced in these Terms & Conditions of Use. If you do not agree to these Terms & Conditions of Use, please discontinue your use of this Web site. Artsjournal reserves the right, at its sole discretion, to add, remove, revise, update or modify any portions of these Terms & Conditions of Use at any time. Please review these Terms & Conditions of Use periodically for changes. Your continued use of the Artsjournal Web site subsequent to the posting of changes to these Terms & Conditions of Use will mean that you accept all changes.

ENTIRE AGREEMENT

The Terms and Conditions of Use of this agreement may NOT be altered, supplemented, or amended by the use of any additional document(s) that purport to be an agreement of the parties. Any attempt to alter, supplement or amend this agreement will be held to be null and void.

LIMITATION OF LIABILITY

ARTSJOURNAL NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LEGAL COSTS) ARISING FROM OR IN CONNECTION TO THE USER'S ACCESS OR INABILITY TO ACCESS, OR USE WHILE VISITING THIS WEB SITE, OR FROM RELIANCE ON ANY INFORMATION PROVIDED AT THIS SITE, EXCEPT AS EXPRESSLY PROVIDED BY THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER TORT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS PROVISION GIVES USER'S SPECIFIC RIGHTS AND USER'S MAY ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE EXCLUSIONS LISTED MAY NOT APPLY TO YOU.

INDEMNIFICATION

When visiting this Web site, you expressly agree to indemnify, defend and hold harmless Artsjournal and all officers, directors, employees, owners, agents, content providers, licensors and licensees from and against any and all liability and costs, including, without limitation, reasonable legal fees, incurred by the named indemnified parties in connection with any claim arising out of any breach by you of this Agreement including, but not limited to submissions, transmissions, and postings of materials. You agree to co-operate as fully and reasonably required in defence of any such claim. Artsjournal reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

GOVERNING LAW

All legal actions regarding this Web site will be governed by and construed in accordance with the laws of Washington State, The United States of America, and the applicable federal laws of the United States of America, without regard to its conflict of laws provision. The failure of Artsjournal to exercise or enforce any right or provision of this Terms & Conditions of Use agreement will not constitute a waiver of such right or provision. Users expressly consent to and agree that the jurisdiction controlling this agreement is the courts of Washington State, The United States of America. In the event that any provision of these Terms and Conditions of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this agreement. The validity and enforceability of all remaining provisions continue to be in force.

THIRD PARTY WEB SITES

Artsjournal provides links to other Web sites on the Internet. Artsjournal does not assume any responsibility for such content and makes no express or implied warranty about the accuracy, copyright compliance, legality, merchantability, or any other aspect of the content of such Web sites. You expressly acknowledge that Artsjournal makes no representations about any non-Artsjournal Web site which you may access through this Web site. When you access a non- Artsjournal Web site, it is independent from Artsjournal, and Artsjournal has no control in any way over the content on that Web site. In addition, links to non-Artsjournal Web sites do not mean that Artsjournal endorses, is in any way associated with the Web sites' owners or operators, or accepts any responsibility for the content or the use of such Web sites . It is for users of this Web site to take precautions to ensure that whatever is selected for use is free of such items such as viruses, worms, Trojan horses and other items that may be of a destructive nature. IN NO EVENT WILL ARTSJOURNAL BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE, ITS CONTENT, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON INFORMATION HANDLING SYSTEMS OR OTHERWISE, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHERWISE EVEN IF ARTSJOURNAL HAS ACTUAL KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

PROPRIETARY RIGHTS

Artsjournal respects the intellectual property rights of third parties and asks users to this Web site to do the same. Unless otherwise noted, the Content, software, technology, and/or processes described and/or used on this Web site, as well as the Web site's design and layout are all subject to copyright, trademark, patent or other intellectual property, proprietary, and other legal rights owned and reserved by Artsjournal or third parties and may not be used except as permitted in these Terms & Conditions of Use or with the express written consent of the right(s) holder. Nothing in this Agreement will be construed in any manner, by implication, estoppel or otherwise, as a license, title transfer, assignment, or waiver of any intellectual property, proprietary or other legal right held by Artsjournal or any third party

Artsjournal and Artsjournal.com are copyright ©. Any use or reproduction, in whole or in part, without the express written consent of Artsjournal is strictly prohibited. All rights reserved.

All of the information and material (collectively, the "Content") on the Artsjournal Web site are copyrighted including, but not limited to, the layout and design of the Web site. By visiting this Web site, you expressly agree that any copy or portion of the Content that you make will retain copyright. POSTING CONTENT ON OTHER WEB SITES OR COMPUTER ENVIRONMENTS IS STRICTLY PROHIBITED WITHOUT THE EXPRESS PERMISSION OF THE COPYRIGHT HOLDER. No Content from the Artsjournal Web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of the copyright holder except that you may download one copy of the Content on any single computer for your personal, non-commercial use only, provided that (i) you keep intact all copyright and all other proprietary notices, (ii) you make no alterations to the Content, (iii) you do not use the Content in a manner that suggests an association with any of our services or brands, and (iv) you do not download quantities of Content to a database that can be used to avoid future downloads from the Artsjournal Web site.

Artsjournal, Artsjournal.com, and www.artsjournal.com are all trade marks of Artsjournal. All trade marks, service marks, trade names, and trade dress are proprietary to Artsjournal, any use or reproduction of which, in whole or in part, without the express written consent of Artsjournal is strictly prohibited. All rights reserved. Without Artsjournal's prior permission, you agree not to display or use in any manner, Artsjournal marks. Use of Artsjournal trade marks as meta-tags for search engines is strictly prohibited.

DISCLAIMER OF WARRANTIES

All materials, information, software, and services included in this Web site (the "Content") is provided "as is" and "as available" for your use. The Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Artsjournal does not warrant that the Content is accurate, reliable, or correct. Content on this Web site may contain technical inaccuracies and typographical errors. Content may be changed or updated without notice. Artsjournal may make improvements and/or changes to the Web site at any time and without notice. The materials that you read on this Web site that are provided by Artsjournal are offered solely for entertainment, promotional and commerce purposes. Your use of this Web site is solely at your own risk. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

PUBLIC COMMUNICATION - ACCEPTABLE USE

Comments or materials sent to Artsjournal including feedback data such as questions, comments, suggestions, or the like are deemed to be non-confidential. WHEN WE PUBLICLY POST LETTERS OR E-MAIL TO THE EDITOR, WE MAY INCLUDE THE E-MAIL ADDRESS OF THE AUTHOR. Artsjournal will have no obligation of any kind with respect to such communication and you expressly grant Artsjournal a global, perpetual, royalty free and non-exclusive license to reproduce, use, disclose, exhibit, display, modify, adapt, publicly perform, publicly display, create derivative works and distribute these communications without limitation or restriction. Further, Artsjournal is free to use any ideas, concepts, knowledge or techniques contained in such communication for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products contained in such communication.

WAIVER/INVALIDITY

Failure of Artsjournal to insist upon strict performance of any provisions of these Terms & Conditions of Use will not be deemed to be a waiver of any available rights and/or remedies. In the event that any provision of these Terms & Conditions of Use should be deemed by a court to be unenforceable, the remainder will stand.

PRIVACY POLICY

Read our policy statement on Privacy & Security.

ADDITIONAL LEGAL INFORMATION

CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO NON-INFRINGMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Content on this Web site may contain technical inaccuracies and typographical errors. Content may be changed or updated without notice. Artsjournal may make improvements and/or changes to our Web site at any time and without notice. The materials that you read on this Web site that are provided by Artsjournal are offered solely for entertainment, promotional and commerce purposes.

The parties have required that this Agreement and all documents relating to it be drawn up in English.
Les parties demandent que le contrat et tous les documents qui y sont reliés soient écrit en anglais.
Use of this Web site constitutes express acceptance of all Terms and Conditions of Use of this Agreement.

This is the Web site of Artsjournal.

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