Who Arted LLC | Terms & Conditions
Welcome to the Who Arted website (the “Site”), and thank you for your interest in our ideas and projects!
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or similar technological devices or programs, that access the Site in a manner that sends more request messages to the Who Arted servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Who Arted grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Who Arted reserves the right to revoke these exceptions either generally or in specific cases, in its sole discretion.
You agree not to collect or use any personally identifiable information (“Personal Information”) including without limitation names, email addresses, or other User Submissions (as defined below), from the Site, nor use the communication systems provided by the Site for any commercial solicitation purposes, including without limitation to solicit, for commercial purposes, any users of the Site.
2. User Submissions | Who Arted is not responsible for any of the materials posted by users of the Site. The ideas, suggestions, opinions, comments, and observations made by Who Arted users, and any text, data, photographs, messages, files or other material provided to us by users (the “User Submitted Content”) are not endorsed by Who Arted, and we make no guarantee regarding the reliability, accuracy, or quality of any user submitted content that is posted on the Site. You acknowledge that you will evaluate and bear any risks related to your use of any User Submitted Content, including any reliance on the accuracy, completeness, or usefulness of such User Submitted Content. All User Submitted Content posted to the Site is the sole responsibility of the person who originally posted the User Submitted Content, and your sole recourse for any damage you may suffer as a result of User Submitted Content shall be to such individual.
You shall be solely responsible for your own User Submitted Content and the consequences of posting or publishing them. You retain all of your ownership rights in your User Submitted Content.
If you choose to post User Submitted Content on the Site, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of the Site reflects your respect for the legal rights of users connected with the Site. You understand that Who Arted does not guarantee any confidentiality with respect to any User Submitted Content.
Who Arted expressly disclaims any and all liability in connection with User Submitted Content. Who Arted reserves the right to remove User Submitted Content in its sole discretion and without prior notice. Who Arted also reserves the right to terminate a user’s access to the Site at any time in its sole discretion and without prior notice.
3. Proprietary Rights | You acknowledge and agree that the content created and displayed on the Site including without limitation, the text, writings, articles, graphics, designs, templates, projects, titles, brands, artwork and photos created or owned by Who Arted (the “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Who Arted, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without the prior written consent of Who Arted or as expressly provided herein. Who Arted reserves all rights not expressly granted in and to the Site and the Content contained therein. You further acknowledge and agree that any content contained in advertisements or information presented to you through advertisers concerning Who Arted or otherwise is protected by any and all applicable proprietary rights and laws.
4. Third-Party Services | The Site contains and provides information regarding or links to certain applications and services provided or offered by third parties, including payment, delivery of specific goods and services and featured service providers (collectively, the “Third-Party Services”). Who Arted is merely an information provider and is not a referral service, and it does not recommend or endorse any such Third-Party Services or monitor or have any control over such Third-Party Services. Therefore, Who Arted makes no guarantee, representation or warranty of any kinds as to the quality, competency, value, reliability, responsiveness, accuracy or completeness of any such Third-Party Services or the results obtained therefrom, and Who Arted assumes no responsibility or liability for any Third-Party Services or for the actions or failure to act of those providing such Third-Party Services. You assume full responsibility for your use of any such Third-Party Services, and Who Arted is not responsible or liable for any Third-Party Services.
5. Improper Use | You agree not to or permit any other person to:
(1) transmit, distribute or upload programs or material that contain malicious code including, but not limited to, viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware or other potentially harmful programs or other materials or information;
(2) upload, post, email or otherwise transmit any User Submission Content that is libelous or defamatory, pornographic, sexually explicit, unlawful, plagiarized or that a reasonable person would consider harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way;
(3) send or enable the transmission of junk e-mail, duplicative or unsolicited messages or so-called “spamming” or “phishing” to third parties or other users;
(4) disrupt, impair, alter or otherwise interfere with the functions, features, content or use of the Site;
(5) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts, or hate speech;
(6) violate any laws, regulations, judicial or governmental order, treaties or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any third party;
(7) gain unauthorized access to this Site; and
(8) sell, market or promote any product or service on or through this Site including, without limitation, copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us for the purpose of selling, engaging in, marketing or promoting any product or service.
Even though all of the above materials and activities are strictly prohibited, there is a slight possibility that you may become exposed to them while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.
You may not, except with Who Arted’s express advance authorization or in a specially designated area, use the Site to:
- harm minors in any way;
- solicit personal information from anyone under 18;
- provide false or deceptive information;
- delete, add or otherwise change other people’s User Submission Content when you have not been granted the privileges to do so; or
6. Who Arted Communications to You | You agree that Who Arted may send electronic mail to you for the purpose of advising you of changes or additions to the Site, about any of Who Arted’s Products, services, promotions or for any other purpose(s) as Who Arted deems appropriate.
You must be over the age of thirteen (13) to use the Site. If you are under the age of eighteen (18), then you must use the Site under the supervision of an adult of the age of eighteen (18) and over.
11. Limitation of Liability | IN NO EVENT SHALL WHO ARTED, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF WHO ARTED, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WHO ARTED SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Site is controlled and offered by Who Arted from its facilities in the United States of America. Who Arted makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
15. Copyright Notice | The Site is owned by Who Arted. All Rights are Reserved and no portion of the Site may be copied, reproduced, transmitted, derived, or otherwise used for any purpose without the prior written permission of Who Arted.
16. Trademarks | All of the Who Arted trademarks are owned by Who Arted and may not be used for any purpose without the prior written permission of Who Arted.
18. Governing Law and Venue | This Agreement and your use of this Site are governed by the laws of the State of Iowa without giving effect to any choice of law or conflict provision or rule (whether of the State of Iowa or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Iowa. Any and all disputes, claims or actions arising out of this Agreement or your use of this Site or the Products will be exclusively heard in the state or federal courts located in the City of Davenport, State of Iowa, and you hereby consent and submit to the personal jurisdiction of such courts.