Agreement Between User And ArtCallsAndEvents.com
The ArtCallsAndEvents.com website (the “Site”) is comprised of various web pages operated by Art Calls & Events. The services (the “Service”) offered at ArtCallsAndEvents.com are provided to you under the terms and conditions of these Terms of Service and Use. Your use of the service constitutes your agreement to be bound by all of the terms, conditions and notices contained herein (the “Terms”). Please read the following terms carefully, prior to any use of this site, and keep a copy of them for your reference. If you do not agree to these terms, you should not submit any art calls or events or obtain services from this Site. Art Calls & Events reserves the right, at any time and in its sole discretion, to change the Terms under which ArtCallsAndEvents.com is offered. The most current version of the Terms will supersede all previous versions. Art Calls & Events encourages you to periodically review the Terms to stay informed of our updates.
Electronic Communications
Visiting ArtCallsAndEvents.com or sending emails to Art Calls & Events constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Art Calls & Events does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use ArtCallsAndEvents.com only with permission of a parent or guardian.
No Unlawful Or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use ArtCallsAndEvents.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Art Calls & Events that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
The viewing, printing, purchase or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
All images appearing on ArtCallsAndEvents.com remains the intellectual property of the original artist.
All content included as part of the Service, such as text, graphics, logos, images, design, magnetic translation, digital conversion, as well as the compilation thereof, contain copyrighted materials, trademarks, service marks, trade dress and other proprietary materials (collectively, the “Intellectual Property”), is the property of Art Calls & Events, licensors, affiliates or partners and is protected by copyright and other laws that protect intellectual property and proprietary rights. All rights in the Intellectual Property are reserved to Art Calls & Events, its licensors, affiliates or partners. You may not use the Intellectual Property for any purpose, or copy the Intellectual Property, in whole or in part, without prior written permission from the copyright holder, its participating artists, licensors, affiliates or partners. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Art Calls & Events content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Art Calls & Events and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Art Calls & Events or our licensors except as expressly authorized by these Terms. Other product and company names appearing on the Site may be trademarks of their respective owners.
Modification
Art Calls & Events reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof), any document, information or other content on the Site, with or without notice to you. You agree that Art Calls & Events shall not be liable to you or any third party for any modification, suspension or discontinuance of the Service, any document, information or other content on the Site.
International Users
The Service is controlled, operated and administered by Art Calls & Events from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Art Calls & Events Content accessed through ArtCallsAndEvents.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Termination/Access Restriction
Art Calls & Events reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Art Calls & Events because of this agreement or use of the Site. Art Calls & Events’ performance of this agreement is subject to existing laws and legal process. Nothing contained in this agreement is in derogation of Art Calls & Events’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Art Calls & Events with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Art Calls & Events with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Art Calls & Events with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents through the use of the Services is not transferable.
Copyrights & Copyright Agents
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Site; (d) your address, telephone number, and e-mail address; (e) a 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; and (f) 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.
Disclaimer of Warranties
You expressly agree that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. Art Calls & Events expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Art Calls & Events makes no warranty that the service will meet your requirements or that the service will be uninterrupted, timely, secure, or error or virus free; nor does Art Calls & Events make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in software used in connection with the service will be corrected. All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed.
You specifically agree that Art Calls & Events is not responsible for unauthorized transmissions, access to or alteration of your transmissions or data sent or received, or not sent or received, or any transactions entered into through the service. You acknowledge that Art Calls & Events does not control content, information, products or services offered by advertisers or third parties on or through the service, including, but not limited to, information, products, or services provided by license to Art Calls & Events from third parties. Except as otherwise agreed in writing, Art Calls & Events assumes no responsibility for and makes no warranty or representation as to the accuracy, completeness, reliability, usefulness or decency of content or products distributed or made available by third parties (including, but not limited to, advertisers) through the service.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Art Calls & Events or through the service shall create any warranty not expressly made herein. We disclaim any duty or obligation to update any information on our site. Information about other companies should not be relied upon as being provided or endorsed by us. Some jurisdictions do not allow the exclusion of certain warranties. Therefore, some of the above exclusions may not apply to you.
You agree that we and our affiliated parties have no liability whatsoever for your use of any information or service. Art Calls & Events shall not be liable for any indirect, incidental, special or consequential damages, including, but not limited to, damages for loss of profits, business, use (or inability to use), data or other intangibles, even if Art Calls & Events has been advised of the possibility of such damages, resulting from the use or the inability to use the service or from transactions entered into with Art Calls & Events through the service or resulting from unauthorized access to or alteration of transmissions or data. You specifically agree that Art Calls & Events is not responsible or liable to you or anyone else for any unlawful, harassing, defamatory, abusive, threatening, harmful, vulgar, obscene, sexually explicit or otherwise objectionable conduct or speech of any other party on or through the service or such content in any document, material or item purchased through the site, or for any infringement of violation of another’s rights by any other party on the service, including, but not limited to, intellectual property rights, rights of publicity, or rights of privacy. The negation of damages set forth herein is a fundamental element of the bargain between us and you.
This site and the information on the site would not be provided without such limitations. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Therefore, some of the above limitations may not apply to you.
Indemnification
You agree to indemnify, defend and hold harmless Art Calls & Events, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Art Calls & Events reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Art Calls & Events in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Use of Information
Art Calls & Events reserves the right, and you authorize us by using our Site, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy. Our Privacy Policy, as it may change from time to time, is a part of the Terms of Service and Use. You further agree that by supplying public information including but not limited to text and images, you are giving Art Calls & Events the rights to display this public information on the site due to you posting art calls, art exhibitions, posts, pages, special sections and in all of the Site’s marketing efforts. Art Calls & Events reserves the right to edit or remove offensive or otherwise illegal images or text from its site.
Cancellation/Refund Policy
All advertising and call posting fees are non-refundable.
Links To Third Party Sites/Third Party Services
ArtCallsAndEvents.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Art Calls & Events and Art Calls & Events is not responsible for the contents, accuracy or opinions expressed of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Art Calls & Events is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Art Calls & Events of the site or any association with its operators.
Certain services made available via ArtCallsAndEvents.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the ArtCallsAndEvents.com domain, you hereby acknowledge and consent that Art Calls & Events may share such information and data with any third party with whom Art Calls & Events has a contractual relationship to provide the requested product, service or functionality on behalf of ArtCallsAndEvents.com users and customers.
If you decide to leave our Site and access these third-party sites, you do so at your own risk.
Materials Provided To ArtCallsAndEvents.com Or Posted On Any Art Calls & Events Web Page
By uploading work to the site, you are authorizing Art Calls & Events to display your work on the site as it sees fit. This includes any Art Calls Postings & Events Postings and the “Featured Artist” page, and all other places where images are displayed.
Art Calls & Events does not claim ownership of the materials you provide to ArtCallsAndEvents.com (including feedback and suggestions). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Art Calls & Events, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Art Calls & Events is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Art Calls & Events’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ART CALLS & EVENTS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ART CALLS & EVENTS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ART CALLS & EVENTS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ART CALLS & EVENTS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ART CALLS & EVENTS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF 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. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Changes To Terms
Art Calls & Events reserves the right, in its sole discretion, to change the Terms under which ArtCallsAndEvents.com is offered. The most current version of the Terms will supersede all previous versions. Art Calls & Events encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Art Calls & Events welcomes your questions or comments regarding the Terms:
Email Address: info@artcallsandevents.com
Effective as of December 1, 2019
