Artician Terms of Use

Artician's Terms of Use govern your use of services provided to you by Artician, including information, data, text, code, software, graphics, photographs, images, illustrations, software, audio clips and video clips, also known as "Content". If you choose to register as a member of Artician, or it's Service or purchase products from Artician or it's members, you will be asked to have read, and agree to be bound by Artician Terms of Use - the following "Terms" shown below. The Artician Network is owned and operated by Artician LLC (Artician Limited Liability Company)
We can be reached via our contact page. More information can also be found in our Privacy Policy.

1. Definitions:

The website, this website, us, we, our, and Artician, Artician Network, Artician.com - refers to Artician Limited Liability Company (LLC).
You - first person, singular, referring to the person reading these Terms of Use, and accessing the Artician Network.
Users - registered members and unregistered visitors on the website.
Content - information, data, text, code, software, graphics, photographs, images, illustrations, software, audio, video, or any other material posted on Artician

2. Our Service

The website and services provided to you on and through Artician are on an "AS IS" basis. You agree that Artician exclusively reserves the right and may, at any time and without notice and any liability to you, modify or discontinue this website its services, and it's terms or policies or delete the data you provide, whether temporarily or permanently. Artician shall have no responsibilty or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

3. Privacy

Artician has a strong commitment to safeguarding your privacy and personal information. Please review Artician's Privacy Policy. The terms of Artician's Privacy Policy are incorporated into these Terms.

4. Trademarks

All brand, product and service names used in this Service which identify Artician or third parties and their products and services are proprietary marks of Artician and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of Artician or any third party with respect to any such image, logo, name, or brand.

5. Your Responsibilities and Registration Obligations

Each time you use or access this website, you agree to be bound by these Terms of Use, and as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through the website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.

When using Artician.com you agree to provide truthful information when requested, and be at least the age of thirteen (13) or older. When registering, you explicitly agree to the Terms of Use and as may be modified by Artician from time to time and available here. Upon registration, and upon any subsequent request, you must provide your actual age and/or birthdate.

6. Registration and Password

You are responsible to maintain the confidentiality of your password and shall be responsible for all uses via your registration, login, username, and password, whether authorized or unauthorized by you. You agree to immediately notify Artician of any unauthorized use or your registration, user account or password, via our contact page.

7. Your Conduct on Artician

You agree that all information or data of any kind including, but not limited to information, data, text, code, software, graphics, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content", publicly or privately provided, shall be the sole responsibility of the person providing the content or the person whose user account is used. You agree that the website may expose you to content that may be objectionable or offensive. Artician, its agents, employees, affiliates, and partners, shall not be responsible to you in any way for the content that appears on the website nor for any error or omission.

You explicitly agree, in using the website or any service provided, that you shall not:

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

(c) collect or harvest any data about other users;

(d) provide or use the website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without the prior expressed written consent of Artician;

(e) provide any Content that may give rise to our civil or criminal liability or which may consititute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

(f) hold Artician or its employees responsible for your interactions with other users. The conversations you hold with users are your responsibility. Artician simply provides the means by which you have the opportunity to discuss with other users. Nor is Artician responsible for any personal outcomes from your discussions with users. You are the only one responsible for the comments you post and the conversations you hold.

8. Copyright Information

Artician does not claim ownership rights of your work, materials, or other content posted by you to Artician. You retain full ownership rights over your work.

Individuals who have posted works to Artician are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of Artician or the appropriate owner of copyright in such works. You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us. Artician is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents.

9. Artician Pro Services.

Money Back Guarantee - Artician Pro money back guarantee consists of a 24 hour trial period in which the client or customer can discontinue the use of the Artician Pro Service with a full refund. The money back guarantee program is to ensure customer satisfaction of Artician products and services. If for any reason a customer wishes to discontinue service within a 24 hour time frame from the official Artician Pro purchase time and date, they may do so and a refund will be issued.

Cancellation - Security measures have been put in place to insure the safe cancellation of all customer related services. In the event that a service or account needs to be closed, customers may contact us by email Monday - Thursday 9:00am - 5:00pm. An email confirmation system will be used to insure that cancellations are legitimate. Requests to close by FAX are not accepted. By signing up and using any Artician service for over 24 hours, the customer agrees to pay any fees listed in the service description one term in advance.

10. Third Party Services.

Goods and services of third parties may be advertised and/or made available on or through the website (this includes, but is not limited too, communications through e-mail). You hereby agree to be subject to, and receive, these potential advertisements. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with these third parties.

11. Indemnification.

You agree to indemnify and hold Artician Entities harmless from and against any claim or cause of action brought by a third party as well as any related damages, costs and expenses (including reasonable attorneys' fees) ("Claim") arising out of or related to your (a) use of the Artician Service or any of the applications, features, content or materials related thereto; (b) violation of these Terms; (c) violation of the rights of any other person or entity; or (d) breach of the representations, warranties and covenants made by you herein. Artician reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Artician, and you agree to cooperate with Artician's defense of these Claims.

12. Disclaimer of Warranty and Limitation of Liability.

ARTICIAN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ARTICIAN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ARTICIAN MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ARTICIAN IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ARTICIAN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ARTICIAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARTICIAN'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ARTICIAN PURSUANT TO THIS AGREEMENT.

13. Governing Law; Venue and Jurisdiction

You agree that all claims and disputes between you and Artician that arise out of or relate in any way to the Terms or your use of the Artician Service will be governed by the laws of the State of Pennsylvania (and United States federal laws applicable therein), without regard to principles of conflict of laws. You further agree that you will bring any claims or disputes that are not subject to arbitration (as set forth above) in, and you submit to the exclusive jurisdiction of, the state and federal courts located in Newtown Pennsylvania.