Website Terms of Use


Last Modified:  October 27, 2014
  1. Acceptance of the Terms of Use
Artist View, Inc., ("ArtistView," "We," “Our,” and/or “Us”) welcomes you to the website www.artistview.com ("Website").  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of www.artistview.com, including any content, functionality and services offered on or through Website.

Please read the Terms of Use carefully before you “Create An Account” and begin using the Website.  By creating an account and clicking to accept the Terms of Use and by using the Website, you accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use or Our Privacy Policy, do not create an account, click to accept these Terms of Use, or use the Website.

This Website is offered and available to users who are 18 years of age or older and residing in United States of America.  If you are the parent or legal guardian of a child who is 13 years of age or older, but under 18 years of age, you may permit your child to use your account.  You shall be responsible and liable for ensuring all actions taken in connection with your account by your child including any breach of these Terms of Use.  By establishing an account for this Website, you represent and warrant that you are of legal age to form a binding contract with Artist View and meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you may not establish an account for this Website.

  1. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in Our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.  However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction Section of these Terms of Use will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.  Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

  1. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or content provided on this Website, in Our sole discretion without notice.  We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period of time.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Premium Account Subscribers.

You are responsible for:
  • Making and paying for all arrangements necessary for you to have access to the Website.
  • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
 To create an account, access the Website, and/or some of the services or content it offers, you will be asked to provide certain information.  It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.  You agree that all information you provide to create an account with this Website is governed by Our Privacy Policy, and you consent to all actions We take with respect to your information consistent with Our Privacy Policy.

In connection with the creation of your 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 using your User ID and Password other than your minor child as discussed above.  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.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer or a public network connection so that others are not able to view or record your password or other personal information.
 
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.  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.
 
We have the right to disable any User ID, Password, or other identifier, whether chosen by you or provided by us, at any time in Our sole discretion for any or no reason without liability.  We have the right to delete your account at any time in Our sole discretion for any or no reason without liability.  We have the right, but not the obligation, to delete all information associated with your account including your User Contributions in Our sole discretion for any or no reason without liability.

  1. Intellectual Property Rights
The Website and its entire contents, features, and functionality are owned by Artist View, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property and/or proprietary rights laws.

These Terms of Use permit you to use the Website in the manner and for the purposes for which it was intended and consistent with your subscription plan.  You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on Our Website, except as follows:
  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Our end user license agreement for such applications.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.
 You must not:
  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
 If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at Our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Artist View.  Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

  1. Trademarks
Artist View’s name, the Artist View logo, and all related names, logos, product and service names, designs and slogans are trademarks of Artist View or its affiliates or licensors.  You must not use such marks without the prior written permission of Artist View.  All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

  1. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use.  You agree not to use the Website:
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • To transmit any "junk mail," "chain letter," or "spam".
  • To impersonate or attempt to impersonate Artist View, an Artist View employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm Artist View or users of the Website or expose them to liability.
  • To encourage anyone to engage in any illegal activity or any activity that would violate these Terms of Use.
 Additionally, you agree not to:
  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without Our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, trojan horses, worms, logic bombs, or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.
 
  1. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, groups, events, stores, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

You must think before you post User Contributions.  Your User Contributions are posted on the Website and transmitted to others at your own risk.  Although you may select certain settings in your account to limit who has access to certain information posted by you, please be aware that these settings may not be perfect or impenetrable.  Additionally, We cannot control the action of other Website users with whom you choose to share your User Contributions.  Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.  Accordingly, you should not post anything that you wish to keep confidential or are required by law or otherwise to keep confidential.

Any User Contribution you post to the site will be considered non-confidential.  By providing any User Contribution on the Website, you grant Us and Our contractors, licensees, successors, and assigns the unconditional, worldwide, sub-licenseable, assignable, transferable, non-exclusive, royalty-free right and license to use, reproduce, modify, prepare derivative works from, incorporate into other works, perform, display, distribute, transmit, broadcast, sell, and otherwise use and promote your User Contributions in all media now known or hereinafter created.

You represent and warrant that:
  • You own or control all rights in and to your User Contributions and have the right to grant the license granted above to Us and Our contractors, licensees, successors, and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.
 You are responsible for any User Contributions submitted or contributed under your account, and you, not Artist View, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible, or liable to you, any other user, or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

  1. Monitoring and Enforcement; Termination
We have the right to:
  • Remove or refuse to post any User Contributions for any or no reason in Our discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in Our discretion.
  • Disclose your identity or other information about you to any third party who claims that material posted through your account violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
 Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. 
 
YOU HEREBY WAIVE AND HOLD HARMLESS ARTIST VIEW and its owners, SHAREHOLDERS, MEMBERS managers, directors, officers, employees, contractors, agents, Successors, assigns, and other associated persons (COLLECTIVELY, “ASSOCIATED PERSONS”) FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR OUR ASSOCIATED PERSONS DURING OR AS A RESULT OF AN INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY US, OUR AFFILIATED PERSONS, OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot review User Contributions before they are posted on the Website, and cannot ensure prompt removal of objectionable User Contributions after they have  been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

  1. Content Standards
These Content Standards apply to any and all User Contributions and use of Interactive Services (defined above).  User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  In addition, and without limiting the foregoing, User Contributions must not:
  • Contain any material which is defamatory, obscene, abusive, harassing, or hateful.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, age, or any other legally protected class under applicable law.
  • Infringe any patent, trademark, trade secret, copyright, other intellectual property, or other rights of any person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable law or that otherwise may be in conflict with these Terms of Use or Our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Give the impression that they emanate from or are endorsed by Us or any other person or entity, if this is not the case.
 
  1. Copyright Infringement
If you believe that any User Contributions violate your copyright, please see Our Copyright Policy for instructions on sending us a notice of copyright infringement.  It is the policy of Artist View to terminate the user accounts of repeat infringers.

  1. Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  We disclaim all liability and responsibility arising from any reliance placed on such information by you or any other user of the Website, or by anyone who may be informed of any of its contents.

This Website includes content provided by third parties, including content provided by other users.  All statements and/or opinions expressed in such content, other than the content provided by Artist View, are solely the opinions and the responsibility of the person or entity providing that content.  Such content does not necessarily reflect the opinion of Artist View.  We are not responsible, or liable to you or any third party, for the content or accuracy of any content provided by any third parties.

  1. Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date.  Any of the content on the Website may be out of date at any given time, and we are under no obligation to update such content.

  1. Information About You and Your Visits to the Website
All information we collect on this Website is subject to Our Privacy Policy.  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

  1. Premium Account Subscriptions
You may purchase a Premium Account Subscription.  If you purchase a Premium Account Subscription the terms and conditions of your Premium Account Subscription shall be governed Our Premium Account Subscription Agreement, these Terms of Use, our Privacy Policy.
 
  1. Stores
The Website’s “Store” function permits a Premium Account Subscriber to create an online retail store through which the Premium Account Subscriber (“Store Owner”) can market and sell goods and services to other users (“Store Customers”).  The Store Owner is solely responsible for selecting the goods and/or services for sale; setting the terms and conditions of sale; taking, processing, fulfilling, handling, and shipping orders; processing payment for orders through Store Owner’s PayPal account; handling disputes, complaints, and returns; and taking any other actions with respect to the Store Owner’s Store.  The Store Customer is solely responsible for deciding which Store(s), if any, to visit or view; investigating and assessing the Store Owner and the goods and/or services for sale; and determining whether to make a purchase from the Store. 
 
If you make a purchase through a Store, you are entering into a contract with the Store Owner, not Artist View.  If you make a sale through your Store you are entering into a contract with the Store Customer, not Artist View.  In either case, you acknowledge that Artist View is not a party to a contract between you and a Store Owner or a Store Customer and has no liability or responsibility for such contracts.
 
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 a sale through a Store (collectively, “Sales Taxes”) are the responsibility of the Store Owner and the Store Customer involved in the sale, not Artist View.  The Store Owner and Store Customer involved in a sale shall defend, indemnify, and hold harmless Artist View against any Sales Taxes arising out of or related to the sale.  Store Owners and Store Customers are solely responsible for determining, collecting, and remitting applicable Sales Taxes.  
 
  1. Events
The Website’s “Event” function permits a Premium Account Subscriber (“Event Creator”) to create and post the name, date, time, location, and other information regarding an event.  Other Website users can view posted events.  The Event Creator is solely responsible for posting the information regarding an event he or she creates and posts.  Website users who view an event posting are solely responsible for investigating the event, evaluating the reliability and accuracy of the information provided, and deciding whether to attend the event.  Artist View does not review, vet, or screen Event Creators, Events, of the individuals who may choose to attend an Event.  Your decision to rely on the information posted for an Event or to participate in an Event is at your sole risk.  Artist View makes no representation or warranties regarding Events, Event Creators, or persons who may view or attend Event.  

  1. Groups
The Website’s “Group” function permits a Premium Account Subscriber (“Group Creator”) to create an online discussion group.  The Group Creator determines the Group topic, whether the Group is public or private, oversee Group discussions and who can participate in the Group.  Other Website users can join public groups if they choose and private Groups if invited by the Group Creator.  The participants in a Group (public or private) are solely responsible for content posted to the Group.  Website users who participate in a Group are solely responsible for investigating the Group, evaluating the reliability and accuracy of information provided  by the Group, and deciding whether or not rely on or use such information.  Artist View does not review, vet, or screen Group Creators, Groups, or Group participants  Your decision to create or participate in a Group is at your sole risk.  Artist View makes no representation or warranties regarding Groups, Grup Creators, or persons participate in Groups.  
 
  1. Linking to the Website and Social Media Features
You may link to Our homepage, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part without Our express written consent.

This Website may provide certain social media and other features that enable you to:
  • Link from your own or certain third-party websites to certain content on this Website.
  • Send e-mails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
 You may use these features solely as they are provided by Us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:
  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
 The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.  You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.  We reserve the right to withdraw linking permission without notice.  We may disable all or any social media features and any links at any time without notice in Our discretion.

  1. Links From the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links, and links provided by other users.  We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.  If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

  1. Geographic Restrictions
The owner of the Website is based in the State of Illinois in the United States of America.  We provide this Website for use only by persons residing in the United States.  We make no claims that the Website or any of its content is accessible or appropriate outside of the United States.  Access to the Website may not be legal by certain persons or in certain countries.  If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Disclaimer of Warranties
You understand that 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 IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, 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 these 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. Notice
Except as otherwise provided in these Terms of Use, 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, if any, 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 your: (i) use of the Website, (ii) purchase of a Premium Subscription Account; (iii) purchase of an good or service from a Store; or (iv) sale of a good or service through a Store you create.  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 such transactions.
 
  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 the Terms of Use shall survive said termination and shall continue to be the binding obligations on you including Sections 4, 5, 7, 8, 9, 10, 13, 15, and 21 through . 
 
  1. Headings            
The headings, captions, and section numbers appearing in these Terms of Use 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 these Terms of Use, the text will control.
 
  1. Non-Waiver
Any failure or delay by Us to exercise any right, power, or privilege We may have under these Terms of Use shall not be deemed a waiver of any rights, powers, or privileges under these Terms of Use.  The waiver by Us of a breach of any provision of these Terms of Use, shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other breach of any other provision of these Terms of Use.
 
  1. Severability        
If any provision of these Terms of Use is invalidated or held unenforceable, the invalidity or unenforceability of that provision shall not affect the validity or enforceability of these Terms of Use or any other provision of these Terms of Use.  In addition, you agree that as to any provision found to be invalid or unenforceable as written in these Terms of Use, 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 these Terms of Use.  Any purported assignment, transfer, or delegation by you of your rights or obligations under these Terms of Use shall be void.  We may freely assign Our rights and delegate our obligations under these Terms of Use.  
 
  1. Attorney’s Fees and Costs
Should We be required to seek the services of an attorney to enforce Our rights under these Terms of Use, 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 these Terms of Use.
 
  1. Governing Law and Choice of Forum
these Terms of Use shall be governed by and construed in accordance with the substantive laws of the State of Illinois, excluding its choice of law rules.  Any claim or dispute arising out of or relating to these Terms of Use, the Website, Our Privacy Policy, or a Premium Account Subscription Agreement, 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 these Terms of Use, the Website, Our Privacy Policy, or a Premium Account Subscription Agreement, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION 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 these Terms of Use, the Website, Our Privacy Policy, a Premium Account Subscription 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
These Terms of Use, Our Privacy Policy, and if applicable, a Premium Account Subscription Agreement, constitute 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 these documents.  All prior agreements, verbal or written, are no longer effective once these Terms of Use are 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 Website account.  Also, you represent that you are duly authorized to execute this document on behalf of the person establishing this Website Account. 

  1. Your Comments and Concerns
Thank you for visiting the Website. This website is operated by:

 Artist View, Inc.
 P.O. Box 592
 Geneva, IL, 60175
 
All notices of copyright infringement claims should be sent to the copyright agent designated in Our Copyright Policy in the manner and by the means set forth therein.  All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: support@artistview.com.

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