Premium Account Subscription Agreement

 
Please read this Premium Account Subscription Agreement carefully.
This Premium Account Subscription Agreement governs your access to and use of the website www.artistview.com (“Website”) and the premium Account subscription services you select.  If You do not agree to the terms and conditions of this Premium Account Subscription Agreement, You will not be permitted to access or use the premium account subscription services  you select.  By checking that you accept this Premium Account Subscription Agreement you are entering into a contract and acknowledging that You have read, accept, and agree to be bound and abide by this Premium Subscription Agreement.

  1. Welcome
Artist View, Inc., ("ArtistView," "We," “Our,” and/or “Us”) welcomes you to the Website.  The Website is a social networking site geared towards artists, their fans, and the businesses, which serve artists and their fans.  We hope you enjoy the Website and the premium account subscription services you select.  The following terms and conditions, together with any documents they incorporate by reference (collectively, "Agreement"), govern your access to and use of the Website and the premium account subscription services you select. 
 
  1. Ownership of the Website
As discussed in Our Terms of Use, Artist View, or Our third party-licensors, own and retain all rights, title, and interest (including all copyrights, patents, trade secret rights, trademarks and other intellectual property and other proprietary rights (collectively, “Intellectual Property”)) in and to the Website and its content.  Your premium subscription, access to, and use of the Website does not transfer to you ownership of or title to the Website, any Website content, or the related Intellectual Property, and you do not acquire any rights to access or use the Website and its content except as provided in this Agreement.  You are required to retain all copyright, trademark, and other proprietary notices contained on the Website or any content appearing on the Website.  You may not sell, modify, reproduce, display, publicly perform, prepare derivative works based upon, distribute, or otherwise use any aspect of the Website or its content except as expressly provided in this Agreement.  All rights not granted to you under this Agreement are reserved to Artist View.  
 
  1. Subscription Plan, Subscription Fee, and Subscription Term
The premium subscription plan you select on the Website (“Subscription Plan”) and the terms and conditions of this Agreement define the features of the Website you may access and use (“Subscription Services”), the applicable fees (“Subscription Fees”), and the manner and method of payment.  The term of your Subscription Plan is as specified on the Website for the Subscription Plan you select (“Subscription Term”), unless your subscription or this Agreement are terminated earlier as provided in this Agreement. 
 
  1. Subscription Fees are nonrefundable
Except as otherwise provided herein, all Subscription Fees are nonrefundable.
 
  1. Limited license
Subject to the payment of the Subscription Fee for your selected Subscription Plan, and subject to the terms and conditions of this Agreement, Artist View hereby grants to you, a limited, personal, non-sublicenseable, non-transferable, non-assignable, non-exclusive, terminable, license to access and use the Subscription Services, in the United States of America.  This limited license to access and use the Subscription Services shall terminate at the end of your Subscription Term or upon the termination of your Subscription Plan, whichever occurs first, and all rights and licenses granted to you under this Agreement shall then revert back to Us. 
  
  1. User ID and Password
As discussed in the terms of Use, in connection with the creation of your Website account, you designate a unique User ID (i.e., your email address) and Password, which allow you to access and use the Website consistent with your Subscription Plan.  You may not share or transfer your User ID and Password.  You may not permit another person to access or use the Website or the Subscription Services using your User ID and Password other than your minor child as discussed in the Terms of Use.  You are responsible for ensuring the confidentiality of your User ID and Password, and for all activities that occur under your User ID and Password. 
 
6.1.  User ID or Password Forgotten.  If you forget your Password, you may contact Artist View through the Website’s “Log In” screen.  If you forget your User ID, you can contact Us at: support@artistview.com. 
 
6.2. User ID or Password Changes.  You may change your User ID and Password by logging into the Website, selecting “Manage My Profile” and then under “Account Information” selecting “Change Email” to change your User ID, and “Change Password” to change your Password.
 
  1. access to the Website and the Subscription Services
The Website and Subscription Services are available only through the worldwide web at www.artistview.com.  You are responsible for acquiring and maintaining the hardware, software, internet access, and any other equipment or services of any kind necessary to access and utilize the Subscription Services located at www.artistview.com and for all associated fees, costs, and expenses.
 
  1. Website and Subscription Services Changes
Artist View may in its discretion change or discontinue any aspect of the Website and/or the Subscription Services at any time without notice.  Your sole remedy, in the event you are dissatisfied with a change or discontinuance of any aspect of the Website and/or the Subscription Services is not to renew your Subscription Plan at the end of the then current Subscription Term.  Under no circumstances shall you be entitled to a refund of a Subscription Fee, if you decide not to renew your Subscription Plan or end your use of the Subscription Services.
 
  1. Terms of Use
In addition to the terms and conditions of this Agreement, your access to and use of the Website and Subscription Services are subject to and governed by Our Terms of Use, which are incorporated by reference.  You agree that you are bound and will abide by Our Terms of Use when accessing and using the Website and the Subscription Services.  In the event of a conflict between the Terms of Use and this Agreement, the terms of this Agreement will control.   

  1. Privacy Policy. 
In addition to the terms and conditions of this Agreement and Our Terms of Use, your access to and use of the Website and Subscription Services are subject to Our Privacy Policy, which is incorporated by reference.
 
  1. Disruption of Website and Subscription Services
You acknowledge the Website and the Subscription Services may be temporarily unavailable, limited, or interrupted because of capacity limitations; problems with the internet or worldwide web; equipment or service failures, errors, modifications, upgrades, repairs; and similar activities or problems.  As discussed elsewhere in this Agreement, Artist View is not liable for any disruption in the Website or the Subscription Services or your ability to access and use the same and you waive any and all claims to the contrary.
 
  1. Disclaimer of Warranties
As discussed in Out Terms of Use, we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to Our site for any reconstruction of any lost data.

Artist View and its owners, SHAREHOLDERS, MEMBERS managers, directors, officers, employees, contractors, agents, Successors, assigns, and other associated persons (COLLECTIVELY, “ASSOCIATED PERSONS”)  WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY SERVICES OR CONTENT OBTAINED THROUGH THE WEBSITE, YOUR DOWNLOADING OF ANY CONTENT POSTED ON THE WEBSITE, OR ON ANY WEBSITE LINKED TO OUR WEBSITE.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK.  THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER ARTIST VIEW NOR ITS ASSOCIATED PERSONS MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.  WITHOUT LIMITING THE FOREGOING, NEITHER ARTIST VIEW NOR ITS ASSOCIATED PERSONS REPRESENT OR WARRANT THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ARTIST VIEW AND ITS ASSOCIATED PERSONS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Limitation on Liability and Waiver of Claims
IN NO EVENT WILL ARTIST VIEW OR  ITS ASSOCIATED PERSONS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, OR THE LOSS OF ANY DATA YOU POST OR OBTAIN THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

YOU HEREBY WAIVE AND RELEASE ANY AND ALL CLAIMS, ACTIONS, AND CAUSES OF ACTION OF ANY KIND OR NATURE YOU MAY HAVE DIRECTLY OR INDIRECTLY AGAINST ARTIST VIEW OR ITS ASSOCIATED PERSONS RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO YOUR ACCESS TO, AND/OR USE OF, THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY GOODS OR SERVICES OBTAINED DIRECTLY OR INDIRECTLY THROUGH THE WEBSITE OR SUCH OTHER WEBSITES.
 
THE FOREGOING DOES NOT AFFECT ANY LIABILITY, WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Indemnification
You hereby agree to defend, indemnify, and hold harmless Artist View and its Associated Persons against any and all claims, demands, actions, causes of action, losses, damages, and expenses, including reasonable attorney’s fees and costs incurred in defending such claims directly or indirectly resulting from, arising out of, or in any way connected with or related to: (i) your breach of the Terms of Use; (ii) actions taken using your Website account; (iii) your breach of a Premium Subscription Agreement; (iv) your User Contributions; (v) your access to or use of or inability to access or use the Website or any of its features.
 
  1. Termination
 
15.1. By Artist View without cause
Artist View may terminate this Agreement and your use of the Subscription Services at any time without cause by providing a notice of termination to you and refunding pro-rata the Subscription Fee paid by you for the balance of your then current Subscription Term.  Artist View shall have no other obligation or liability to you if Artist View terminates this Agreement under this provision prior to the end of your then current Subscription Term.
 
15.2. By Artist View with cause
Artist View may terminate this Agreement without any liability at any time by giving notice to you if:
 
  • You, in Our opinion, breach this Agreement;
  • You, in Our opinion, engage in: (i) illegal, unfair, harassing, threatening, or deceptive conduct, (ii) conduct that violates the legal rights of any person, or (iii) conduct that exposes Artist View to potential criminal or civil liability or public ridicule; and/or
  • You fail to pay the Subscription Fee as required for your Subscription Plan.
               
Any termination of this Agreement pursuant to this provision shall be without any liability for Artist View.  Without limiting the foregoing, Artist View shall have no obligation to refund any portion of the Subscription Fee you paid for your then current Subscription Term.  In addition, Artist View’s right to terminate this Agreement under this provision is not exclusive and is in addition to any other rights and remedies available to Artist View at law or in equity.
               
  1. Effect of Termination
As discussed above, upon the termination of your Subscription Plan, your limited license to access and use of the Subscription Services ends.  Thereafter, you may continue to use those aspects and features of the Website, which are available under Our Free Account Subscription Plan.  Your use of the Website under our Free Account Subscription Plan shall be governed by the Terms of Use and Our Privacy Policy.  If at time your Subscription Plan terminates, your usage of the Website is inconsistent with the usage permitted for Our Free Account Subscription Plan you will have five (5) days to either: (i) reduce your usage of the Website so that it is consistent with the usage for Our Free Subscription Plan; or (ii) renew your Subscription Plan.  If you do neither with this time period, We may delete your account and all content associated with your account without notice and without liability.
 
  1. Notice
Except as otherwise provided in this Agreement, notice shall be deemed delivered to you when it is sent by Us to the email address listed in your account profile at the time the notice is sent.   
               
  1. Taxes
You shall, in addition to the payments required hereunder, pay all applicable sales, use, transfer or other taxes and all duties, whether international, national, state or local, however designated, which are levied or imposed by reason of the transaction(s) contemplated hereby, excluding, however, income taxes on net profits which may be levied against Artist View.  You shall reimburse Artist View for the amount of any such taxes or duties paid or accrued directly by Artist View as a result of this transaction.
 
  1. Force Majeure
If the performance of any part of this Agreement by Us is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of terrorism, act of God, or any other cause beyond Our control, We shall be excused from such performance to the extent that it is prevented, hindered, or delayed by such causes.
 
  1. Survival              
Those provisions contained herein that by their terms apply or are to be performed in whole or in part after the termination of this Agreement shall survive said termination and shall continue to be the binding obligations on you including Section 2, 12, 13, 14, 15, and 19. 
 
  1. Headings            
The headings, captions, and section numbers appearing in this Agreement have been inserted for ease of reference and convenience only.  If there is a conflict between the headings, captions, and/or section numbers and the text of this Agreement, the text will control.

  1. Non-Waiver
Any failure or delay by Us to exercise any right, power, or privilege We may have under this Agreement shall not be deemed a waiver of any rights, powers, or privileges under this Agreement.  The waiver by Us of a breach of any provision of this Agreement, shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other breach of this Agreement or any other provision of this Agreement.
 
  1. Severability        
If any provision of this Agreement is invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of this Agreement or any other provision of this Agreement.  In addition, you agree that as to any provision found to be invalid or unenforceable as written in this Agreement, the same shall not be void, but rather shall be reformed and enforced to the maximum extent permissible under applicable law, as if originally executed in that form by you.
 
  1. Assignment
You may not assign or transfer your rights or delegate your obligations under this Agreement.  Any purported assignment, transfer, or delegation by you of your rights or obligations under this Agreement shall be void.  We may freely assign Our rights and delegate our obligations under this Agreement.  
 
  1. Attorney’s Fees and Costs
Should We be required to seek the services of an attorney to enforce Our rights under this Agreement, We shall be entitled to recover from you reasonable attorney’s fees, legal costs, and other fees and costs incurred by Us in connection with enforcing Our rights under this Agreement.
 
  1. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules.  Any cause of action arising out of or relating to this Agreement, the Website, the Subscription Services, or the Subscription Plan, shall be instituted in the State of Illinois, in either the Kane County Circuit Court or the United States District Court for Northern Illinois.
 
  1. Limitation on Time to File Claims
ANY CAUSE OF ACTION or CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE WEBSITE, THE SUBSCRIPTION SERVICES, OR THE SUBSCRIPTION PLAN MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
 
  1. Drafting and construction
In the event of any controversy, dispute, or contest over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption, or conclusion drawn against Us by virtue Us having drafted this Agreement or any portion hereof.
 
  1. Entire Agreement
This Agreement constitutes the entire agreement between Artist View and you with respect to the subject matter hereof and there are no representations, understandings, or agreements, which are not fully expressed in this Agreement.  All prior agreements, verbal or written, are no longer effective once this Agreement is accepted by you.
 
  1. Acknowledgement
You hereby represent that they have read this Agreement, that you know its contents, and that you are executing this Agreement as a free and voluntary act and on behalf of the person establishing this Premium Account Subscription.  Also, you represent that you are duly authorized to execute this Agreement on behalf of the person choosing this Premium Account Subscription.

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