Terms of Use - Artists Meet Artists

Artists Meet Artists Website Terms of Use

Legal Information & Notices

Last updated May 19, 2023

Ownership of Site, Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the Artists Meet Artists web site located at www.ArtistsMeetArtists.com, and all associated sites linked to www.ArtistsMeetArtists.com by Artists Meet Artists LLC, its subsidiaries and affiliates (collectively, the “Site”). The Site is the property of Artists Meet Artists LLC (“Artists Meet Artists”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Artists Meet Artists reserves the right, at its sole discretion, to modify, change, remove or add portions of these Terms of Use, at any time. It is your responsibility to periodically check for changes to these Terms of Use. Your continued use of the Site following the posting of changes will mean that you agree to and accept the changes. As long as you comply with these Terms of Use, Artists Meet Artists grants you a non-exclusive, personal, limited, non-transferable privilege to enter and use the Site.

Content

All user interfaces, graphics, text, visual interfaces, trademarks, logos, photographs, music, sounds, artwork and computer code (collectively, “Content”), including but not limited to the structure, coordination, selection, expression, design, “look and feel” and arrangement of such Content, contained on the Site is owned, licensed or controlled by or to Artists Meet Artists, and is protected by copyright, trade dress and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be posted, uploaded, copied, reproduced, encoded, republished, translated, publicly displayed, distributed or transmitted in any way (including “mirroring”) to any other computer, Web site or other medium for distribution or publication or for any commercial purpose, without Artists Meet Artists’ express prior written consent.

You may use information about Artists Meet Artists products and services (such as information on webpages, product pages, blog posts, and similar materials) purposely made available by Artists Meet Artists for downloading from the Site, provided that you (1) do not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “page-scrape”, “robot”, “spider”, “deep-link” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. Artists Meet Artists reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any feature or portion of the Site, or any other networks or systems connected to the Site or to any Artists Meet Artists server, or to any of the services offered through or on the Site, by hacking, password “mining” or any other illegitimate means.

You may not scan, test or probe the vulnerability of the Site or any network connected to the Site, nor breach the authentication measures or security on the Site or any network connected to the Site. You may not trace, reverse look-up or seek to trace any information on any other user of or visitor to the Site, or any other customer of Artists Meet Artists, including any Artists Meet Artists User ID or other data not owned by you, to its source, or exploit the Site or information offered by or made available through the Site, in any way where the purpose is to reveal any information, including but not limited to personal information or identification, other than your own information, as provided for by the Site.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Artists Meet Artists’ systems or the infrastructure of the Site or networks, or any networks or systems connected to the Site or to Artists Meet Artists.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Artists Meet Artists on or through the Site or any service offered on or through the Site. You may not pretend that you represent, or that you are, someone else, or impersonate any other entity or individual.

You may not use the Site or any Content for any purpose that is prohibited by these Terms of Use or unlawful, or to solicit the performance of any illegal activity or other activity which infringes the rights of Artists Meet Artists or others.

Purchases; Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services, and to specific features or portions of the Site, including contests, promotions or other similar features if any, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such feature or service, and that you satisfy any geographical requirements or geographic exclusions. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any product or service, including contests, promotions or other similar features, if any, offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service, including contests, promotions or other similar features, if any.

Artists Meet Artists’ obligations, if any, with regard to its products and services, including contests, promotions or other similar features, if any, are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

Artists Meet Artists may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services, including contests, promotions or other similar features, if any, may be out of date, and Artists Meet Artists makes no commitment to update the materials on the Site with respect to such products and services, including contests, promotions or other similar features, if any.

Submitted Materials

Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, feedback, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the relevant Artists Meet Artists Privacy Policy. By submitting or sending Submitted Materials to us, you: (a) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto (i.e., that the material you submit does not infringe the rights of a third party), and that any “moral rights” in Submitted Materials have been waived, (b) irrevocably assign to us all right, title and interest therein, and waive any rights therein that cannot be assigned to us (including moral rights), and (c) acknowledge that we have the unrestricted right to use Submitted Materials for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person. We are not responsible for maintaining any Submitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time.

Trademarks

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on or in connection with the Site (or on content available on the Site) and all rights therein belong to Artists Meet Artists LLC, or our affiliates, licensors or partners, or other parties, and may not be used in any manner unless expressly authorized in writing by Artists Meet Artists or the applicable Trademark owner.

Copyright Agent

We respect the intellectual property rights of others, and require that all who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Artists Meet Artists’ Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

(a) Your address, telephone number, and email address;

(b) A description of the copyrighted work that you claim has been infringed;

(d) 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;

(e) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; 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.

General Counsel

Artists Meet Artists

PO Box 138

Greenwich CT 06836

E-mail: copyright@ArtistsMeetArtists.com

Local Standards

We do not represent or warrant that the Site or any content, materials, information, functions, products, services, including contests, promotions or other similar features, if any, available through the Site are appropriate for use in all locations. Individuals who choose to access the Site do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Each of these policies may be changed from time to time and such changes are effective immediately upon posting such changes on the Site.

Artists Meet Artists ID, Passwords and Security

Certain features or services offered on or through the Site may require you to set up a Artists Meet Artists ID and password. You are entirely responsible for maintaining the confidentiality of the information you hold for your access or used by you to conduct transactions, including your password, and for any and all activity that occurs under your User ID as a result of your failing to keep this information secure and confidential. You agree to notify Artists Meet Artists immediately of any unauthorized use of your Artists Meet Artists ID or password, or any other breach of security. You may be held liable for losses incurred by Artists Meet Artists or any other user of or visitor to the Site due to someone else using your Artists Meet Artists ID, password or account as a result of your failing to keep your User ID and password or other information secure and confidential. You should never share your Artists Meet Artists ID and password.

You may not use anyone else’s Artists Meet Artists ID or password at any time without the express permission and consent of the holder of that Artists Meet Artists ID or password. Artists Meet Artists cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

Artists Meet Artists’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view Artists Meet Artists’ Privacy Policy, click here. Additionally, by using the Site, you agree and acknowledge that Internet transmissions are never completely secure or private. You understand that any information or message you send to the Site may be intercepted or read by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Other Sites and to the Artists Meet Artists Site

This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Artists Meet Artists’ control, and Artists Meet Artists does not endorse and is not responsible for the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

Disclaimers

ARTISTS MEET ARTISTS DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ARTISTS MEET ARTISTS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ARTISTS MEET ARTISTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTISTS MEET ARTISTS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY ARTISTS MEET ARTISTS SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ARTISTS MEET ARTISTS FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR ACCESS TO AND USE OF THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND ALL SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED ON AN “ AS IS ” AND “ AS AVAILABLE ” BASIS WITHOUT WARRANTY OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, INTEGRATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, THE RELEASED PARTIES (I) MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND (II) HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS OR OTHERWISE ON THE DIGITAL PLATFORMS OR IN CORRESPONDENCE WITH ARTISTS MEET ARTISTS OR ITS AGENTS. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE HANDLING, STORAGE, AND USE OF ANY PRODUCTS MADE AVAILABLE TO YOU VIA THE SITE.

THE RELEASED PARTIES FURTHER DO NOT WARRANT OR GUARANTEE THAT:

(1) THE SITE OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS OR PRODUCTS AVAILABLE THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE QUALITY OF ANY GOODS, PRODUCTS OR SERVICES AVAILABLE ON THE SITE WILL MEET YOUR EXPECTATIONS;

(2) ANY INFORMATION PROVIDED WILL BE TIMELY, ACCURATE, RELIABLE, PRECISE, THOROUGH, CORRECT OR COMPLETE;

(3) THE SITE OR ANY SERVICES, CONTENT, FUNCTIONS, INFORMATION, MATERIALS AND PRODUCTS AVAILABLE THROUGH THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR PLACE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;

(4) ANY PARTICULAR RESULT OR OUTCOME CAN BE ACHIEVED OR THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

Artists Meet Artists reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will Artists Meet Artists or any Released Party be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits or other economic damage of any kind, even if Artists Meet Artists has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, Artists Meet Artists is found to be liable to you (whether in contract, tort, including but not limited to, negligence or otherwise) for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content or contest, promotion, purchase, use or possession of any Artists Meet Artists product purchased using the Site or otherwise or attending a Artists Meet Artists exhibition or other event, Artists Meet Artists’ and the Released Parties aggregate liability for all damages, losses, causes of action, shall in no event exceed the greater of US$50.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

Indemnity

You agree to indemnify and hold Artists Meet Artists, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, and their respective officers, employees, agents, partners, content providers, service providers, suppliers and licensors (collectively, the “Released Parties”) harmless from any and all demands, losses (including without limitation consequential and indirect losses), liability, claims, costs or expenses (including attorneys’ fees), made against Artists Meet Artists or any Released Party by any third party due to or arising in any way out of or in connection in any way with (1) your use of the Site or any services, content, functions, information, materials or products available through the Site, (2) your use of or purchase of any products through the Site, (3) your placement or transmission of any message, content, information, software or other materials through the Site, or (4) your fraudulent or deceptive acts or omissions, or breach or violation of the law (including infringement of any intellectual property or other right of any person or entity) or of these Terms of Use. Artists Meet Artists will provide notice to you promptly of any such claim, suit, or proceeding. Artists Meet Artists reserves the right, at Artists Meet Artists’ own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to assist and cooperate with Artists Meet Artists’ defense of such claim. In any event, you shall not settle any such claim without Artists Meet Artists’ prior written approval.

Violation of These Terms of Use

Artists Meet Artists may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Artists Meet Artists’ rights or property, or the rights or property of visitors to or users of the Site, including Artists Meet Artists’ customers. Artists Meet Artists reserves the right at all times to disclose any information that Artists Meet Artists deems necessary to comply with any applicable law, regulation, legal process or governmental request. Artists Meet Artists also may disclose your information when Artists Meet Artists determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Artists Meet Artists may preserve any transmittal or communication by you with Artists Meet Artists through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or Artists Meet Artists determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Artists Meet Artists, its employees, users of or visitors to the Site, and the public.

You agree that Artists Meet Artists may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Artists Meet Artists, for which monetary damages would be inadequate, and you consent to Artists Meet Artists obtaining any injunctive or equitable relief that Artists Meet Artists deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Artists Meet Artists may have at law or in equity.

You agree that Artists Meet Artists may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated User ID deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If Artists Meet Artists does take any legal action against you as a result of your violation of these Terms of Use, Artists Meet Artists will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Artists Meet Artists. You agree that Artists Meet Artists will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State of New York, County of New York, or if Artists Meet Artists has or can acquire jurisdiction, in the United States District Court for the Southern District of New York, and each of the parties consents to the jurisdiction of such courts (and of the appropriate appellate courts), and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Artists Meet Artists and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Void Where Prohibited

Artists Meet Artists administers and operates the www.ArtistsMeetArtists.com Site in the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or available outside the United States. Artists Meet Artists reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service, contest or promotion, if any, made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Artists Meet Artists with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Artists Meet Artists with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Artists Meet Artists, Artists Meet Artists will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Artists Meet Artists’ failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Artists Meet Artists of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Artists Meet Artists and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.

Feedback and Information

Any feedback you provide at this site shall be deemed to be non-confidential. Artists Meet Artists shall be free to use such information on an unrestricted basis.