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Welcome to IamAnArtist.com, the service for entertainment professionals to meet each other online operated by Xine Productions, Inc., ("IamAnArtist.com"). By using the IamAnArtist.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as a member ("Member"). If you wish to become a Member and communicate with other Members and make use of the IamAnArtist.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website and your membership in the Service and may be modified by IamAnArtist.com from time to time, such modifications to be effective upon posting by IamAnArtist.com on the Website. It is your responsibility to visit the link at the bottom of the IamAnArtist.com home page periodically to review the most current terms and conditions. This Agreement includes IamAnArtist.com's Acceptable Use Policy for Content Posted on the Website, IamAnArtist.com's Privacy Policy, and any notices regarding the Website. You may also receive a copy of this Agreement by emailing us at: CustomerCare @ IamAnArtist. com, Subject: Terms of Use Agreement.
This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may terminate your membership at any time, for any reason by following the instructions in Account Settings, or upon receipt by IamAnArtist.com of your email notice of termination to CustomerCare @ IamAnArtist. com. Subject Termination IamAnArtist.com may terminate your membership for any reason, effective upon sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to IamAnArtist.com. If IamAnArtist.com terminates your membership in the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after membership is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect of this Agreement.
IamAnArtist.com provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for IamAnArtist.com to provide the Service. You also understand and agree that the Service may include certain communications from IamAnArtist.com, such as service announcements, administrative messages and the IamAnArtist.com Newsletter, and that these communications are considered part of IamAnArtist.com membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new IamAnArtist.com properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
You must be eighteen or over to register as a member of IamAnArtist.com or use the Website. Membership in the Service is void where prohibited. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
- Provide true, accurate, current and complete information about yourself as prompted
- By the Service's registration form (such information being the "Registration Data") and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IamAnArtist.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IamAnArtist.com has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). IamAnArtist.com is concerned about the safety of all its users.
Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
IamAnArtist.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of IamAnArtist.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not IamAnArtist.com, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. IamAnArtist.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will IamAnArtist.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or 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 via the Service. In addition:
- You understand and agree that IamAnArtist.com may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of IamAnArtist.com violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
- You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
- By posting content to any public area of IamAnArtist.com, you automatically grant, and you represent and warrant that you have the right to grant, to IamAnArtist.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing.
- The following is a partial list of the kind of Content that is illegal or prohibited on the Website. IamAnArtist.com reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:
- Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- Harasses, “stalk” or advocates harassment of another person;
- Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making or buying illegal weapons, advocate terrorism, violating someone’s privacy, or providing or creating computer viruses;
- Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
- You must use the Service in a manner consistent with any and all applicable laws and regulations.
- You may not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You may not transmit any chain letters or junk email to other Members. Although IamAnArtist.com cannot monitor the conduct of its Members off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.
If you choose to terminate your membership, the MEMBERSHIP FEES ARE NOT REFUNDABLE under any circumstances. All items purchased from IamAnArtist.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
IamAnArtist.com attempts to be as accurate as possible. However, IamAnArtist.com does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by IamAnArtist.com itself is not as described, your sole remedy is to return it in unused condition.
Except where noted otherwise, the List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. With respect to items sold by IamAnArtist.com, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will attempt to rectify the order.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. IamAnArtist.com’s Copyright notice of claims of copyright infringement can be reached as follows:
By Mail:
Copyright Notice c/o IAAA;
P.O. Box 6262 Somerset, NJ 08873
By Email: Copyright @ IamAnArtist. com
You are solely responsible for your interactions with other IamAnArtist.com Members. IamAnArtist.com, Inc. reserves the right, but has no obligation, to monitor disputes between you and other Members.
Use of the Website and/or the Service is also governed by our Privacy Policy.
IamAnArtist.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members or by any of the equipment or programming associated with or utilized in the Service. IamAnArtist.com is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the Service. IamAnArtist.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. IamAnArtist.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will IamAnArtist.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and IamAnArtist.com expressly disclaims any warranty of fitness for a particular purpose or non-infringement. IamAnArtist.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Except in jurisdictions where such provisions are restricted, in no event will IamAnArtist.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if IamAnArtist.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, IamAnArtist.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to IamAnArtist.com for the Service during the term of membership.
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of New Jersey without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New Jersey, City of Somerset.
You agree to indemnify and hold IamAnArtist.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
No Right of Survivorship and Non-Transferability. You agree that your IamAnArtist.com account is non-transferable and any rights to your IamAnArtist.com I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and Xine Productions, Inc., “IamAnArtist.com” regarding the use of the Website and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
Please contact us with any questions regarding this agreement. IamAnArtist.com is fully owned and operated by Xine Productions, Inc. CustomerCare @ IamAnArtist. com. Subject: Terms of Use Agreement
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