Terms of Use

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Art Cantina, LLC

TERMS OF USE Agreement

Last Updated October 2015

 

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE AND OUR SERVICES, YOU UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS . If you object to anything in these Terms of Use or otherwise do not understand or agree to be bound by these Terms of Use, do not use the website.

This Terms of Use Agreement is a legally binding contract that will govern the relationship with our users and others who may interact or interface with Art Cantina, LLC, also known as Art Cantina, and our subsidiaries and affiliates, in association with the use of the Art Cantina website, artcantina.com (the "Site") and its Services, which shall be defined below. This Agreement may be modified by us, with such modifications being effective when posted on our website and/or provided in writing to Members.

Privacy Policy

Please refer to our Privacy Policy for information on how Art Cantina collects, uses and discloses personally identifiable information.

Description of Website Services

ArtCantina.com offers tools, resources and a platform for connecting those seeking art lessons with those providing art education and resources.

Any and all visitors to our site shall be deemed as "users" of the Site. Once an individual registers for our Services, through the process of creating an account (either as a student or provider), the user shall then be considered a "member."

You, the user and/or member, acknowledge and agree that the Services provided and made available through our website and applications, which may include some mobile applications (and that those applications may be made available on various social media networking sites), are the sole property of Art Cantina. At its discretion, Art Cantina may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated.

Modifications of Our Services

Art Cantina reserves the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or member, acknowledge, accept and agree that Art Cantina shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, revised or modified terms, you must stop using the Services.

Furthermore, you understand, acknowledge and agree that the Services offered shall be provided "AS IS" and as such Art Cantina shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store user content, communication or personalization settings.

Registration / Eligibility

A member must be of legal age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Art Cantina's Services under the laws and statutes of the United States or other applicable jurisdiction.

You, the registering party, understands and agrees to furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.

If you access the Website on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or entity to this Agreement, and that you will abide by all of the terms and conditions of this Agreement.

If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Art Cantina will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Art Cantina Services, or any portion thereof.

Membership Accounts

All visitors to ArtCantina.com are welcome to use the site at no direct cost. In order to take advantage of our full features and services, you must register and become a Member.

A member may access multiple options under one account. For example, a member may take lessons as a student, offer art lessons as a private teacher (independent contractor), post an upcoming workshop, and/or register their art education business or organization.

Access to certain services and features of the Website may require payment. Upon registration for these Services or for Lessons from Providers, you agree to pay Art Cantina the stated and applicable fees at the prices then in effect, and you authorize Art Cantina to charge your chosen payment method. Art Cantina reserves the right to correct any payment errors even if it has already requested and/or received payment.

Art Cantina may use third-party payment processing services to process credit card payments and information in connection with the payment of fees. Art Cantina expressly disclaims, and you expressly release Art Cantina from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to Art Cantina’s use of third-party payment processing services, including without limitation for any damage that may result should any such information be released to any third parties.

You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It shall be your responsibility to notify Art Cantina immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Art Cantina shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the Agreement.

Your Interactions with Other Members

Although each member must agree to this Agreement, we cannot and do not guarantee that the material and content posted by each Member to be true and warranted.

Private instructors and other Providers listed on our Website are independent contractors who operate separate and distinct businesses from Art Cantina. As such, we do not control the manner or method of service to you, exercise no control over the working relationship, and do not warrant the service of any Provider.

You understand and agree that Art Cantina:

  1. Does not employ, recommend or endorse any members and has no control over the acts or omissions of any members;
  2. Is not responsible or liable in any manner for the performance or conduct of any members or other third parties online or offline;
  3. Makes no representations or warranties about the quality of the services or accuracy of content provided by any member or about your interactions or dealings with other users / members; and
  4. Does not screen members or automatically conduct any kind of identity or background checks. As such, you should exercise caution and perform your own screening before connecting with anyone through the Service, meeting anyone, engaging Users or accepting engagements.

Art Cantina expressly disclaims, and you expressly release Art Cantina from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Service or your interactions or dealings with other Users, including without limitation any acts and/or omissions of Users online or offline. By using the Service, you acknowledge and agree that you are solely responsible for your use of the Service and the connections you make and that ALL USE OF THE SERVICE IS AT YOUR SOLE AND EXCLUSIVE RISK.

Use of the Service

As a member of the Site, you acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of ArtCantina.com, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by Art Cantina.

You agree to use the Service in a manner that is lawful, relevant and proper to the applicable forum. Any use of the Service that Art Cantina, in its sole discretion, finds inappropriate or offensive or contrary to these Terms of Use may result in suspension or termination of your account with or without notice. Art Cantina reserves the right to suspend or terminate your account with or without notice at any time in its sole discretion, for any reason or no reason. In the event of any suspension or termination, you agree to make no further use of the Service after termination or during suspension.

You understand and agree not to, and not to permit or encourage anyone else to, do any of the following in connection with the Service:

  • Create more than one instructor profile without our express written consent;
  • Permit anyone else whose account or subscription was terminated, or who is not a Member, to use the Website through your subscription, username or password;
  • Defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of others;
  • Publish, post, upload, distribute, disseminate or promote sexually explicit or pornographic material, or any profane, defamatory, infringing, hateful, distasteful, violent, obscene or unlawful topic, name, information, materials or content;
  • Use the Service or engage with other Users for any purpose that is in violation of local, state, national, or international law, rule or regulation, including without limitation wage and hour and working condition laws and regulations;
  • Upload files that contain software or other material that violates the rights of any third party, including without limitation intellectual property rights or rights of privacy or publicity;
  • Upload files that contain viruses, Trojan horses, worms, time bombs, spiders, cancel bots, corrupted files, or any other similar software, malware or materials that may damage, interfere with, disrupt, impair, disable or otherwise overburden the operation of any device, computer system or network;
  • Take any action that would undermine any aspect of the Service or use the Service in any manner that could interfere with, disrupt, or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;
  • Attempt to gain unauthorized access to the Service, other User accounts, or other device, computer system or networks connected to the Service;
  • Harvest or otherwise collect information about Users without their consent;
  • Advertise or offer to sell any goods or services for any commercial purpose (except as expressly set forth herein) on the Service that are not appropriate or relevant to the Service;
  • Conduct or forward pyramid schemes, chain letters, surveys or contests on or through the Service, except where sponsored or created by Art Cantina;
  • Impersonate another person or allow any other person or entity to use your user name, password or membership;
  • Post the same content repeatedly or spam; spamming is strictly prohibited;
  • Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Service;
  • Access, download, or copy any information, content and/or materials from the Service through artificial means (including without limitation spiders, scrapers, hacking devices, computer programs, bots or other such means);
  • Reproduce, duplicate, copy, sell, re-sell or exploit any information, materials or content on the Service; and/or
  • Restrict or inhibit any other User from using and enjoying the Service.

Art Cantina reserves all of its rights under the Communications Decency Act, including without limitation its right to remove anything objectionable to Art Cantina at its sole discretion. You may report any alleged improprieties by email at support [at] artcantina.com. However, enforcement of these Terms of Use is solely at Art Cantina’s discretion, and failure to enforce in some instances does not constitute a waiver of our right to enforce in other instances. In addition, these Terms of Use do not create any private right of action on the part of any User or third party or any reasonable expectation that the Service will not contain any content or conduct that is prohibited by such Terms of Use.

Art Cantina reserves the right to:

  1. Pre-screen, refuse and/or delete any content currently available through our Services.
  2. Remove and/or delete any such content that would violate the Agreement or which would otherwise be considered offensive to other visitors, users and/or members.
  3. Access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for compliance with any legal process; enforcement of the Agreement; responding to any claim that t contained content is in violation of the rights of any third party; responding to requests for customer service; or protecting the rights, property or the personal safety of Art Cantina, its visitors, users and members, including the general public.
  4. Include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Art Cantina or any other content providers supplying content services to Art Cantina. You are prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.

Prohibited Uses - Recruitment

The Service may not be used by any person or organization to recruit for another website or service or to solicit, advertise, or contact others for employment, contracting, or any other purpose for a business not affiliated with Art Cantina without express written permission from Art Cantina. You agree not to use User Content in order to contact, advertise, solicit, or sell to others without their express consent.

You further agree not to collect User Content or any other information, materials or content obtained through the Service, including without limitation names, phone numbers, email addresses, profiles, copyrighted text, or job listings, or otherwise misuse or misappropriate information, materials or content, or any information obtained through use of the Service, using manual or automated means, including without limitation though web scraping, without express written permission from Art Cantina. Should Art Cantina have a reasonable basis to believe that you violated this section, Art Cantina reserves the right, in addition to other remedies and at its sole discretion, to assess a $10,000 daily penalty fee for scraping and/or recruiting.

Content Placed or Made Available for Company Services

Art Cantina shall not lay claim to ownership of any content submitted by any member or user, or make such content available for inclusion on our website Services. Therefore, you grant and allow for Art Cantina the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. The content submitted or made available for inclusion on the publicly accessible areas of Art Cantina's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Art Cantina's sites, and shall terminate at such time when you elect to discontinue your membership.
  2. Photos, audio, video and/or graphics submitted or made available for inclusion on the publicly accessible areas of Art Cantina's sites, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services are for the sole purpose of providing and promoting the specific area in which this content was placed and/or made available for viewing. This license shall be available so long as you are a member of Art Cantina's sites and shall terminate at such time when you elect to discontinue your membership.
  3. For any other content submitted or made available for inclusion on the publicly accessible areas of Art Cantina's sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.

Those areas which may be deemed "publicly accessible" areas of Art Cantina's sites are those areas which are meant to be available to the general public, including message boards and groups that are openly available to both visitors and members. However, those areas which are not open to the public, and thus available to members only, would include our mail system and instant messaging.

User / Member Contributions to Website

Art Cantina provides an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals ("Contributions") to our site, you acknowledge and agree that:

  1. Your Contributions do not contain any type of confidential or proprietary information;
  2. Art Cantina shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. Art Cantina shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
  4. The contributor's Contributions shall automatically become the sole property of Art Cantina;
  5. Art Cantina is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.

Third-Party Services and Content

The Service may contain links or otherwise contain or provide access to third-party products, services, websites, advertisers, applications, information, and content (“Third-Party Services and Content”), which access is provided solely for convenience. You understand and agree that such Third-Party Services and Content are not provided by Art Cantina, and Art Cantina does not control or endorse and does not make any representations or warranties regarding such Third-Party Services and Content.

You understand and agree that use of such third-party services and content is at your own risk, that Art Cantina’s Terms of Use and policies do not apply to such third-party services and content, and that Art Cantina is not responsible for the privacy or business practices or other policies of such third-party services and content or for the accuracy, completeness, safety or quality of the third-party services and content.

Indemnity

All users and/or members agree to insure and hold Art Cantina, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party, which may arise from any content a member or user of our site may submit, post, modify, transmit or otherwise make available through our Services, the use of Art Cantina Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.

Commercial Reuse of Services

The member or user agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Art Cantina's sites.

Use and Storage General Practices

You acknowledge that Art Cantina may set up any such practices and/or limits regarding the use of our Services, without limitation of the maximum number of days that any email, message posting or any other uploaded content shall be retained by Art Cantina, nor the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or may be received by an account on our Service, the maximum disk space allowable that shall be allocated on Art Cantina's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access our Services in a given period of time. In addition, you also agree that Art Cantina has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted by our Services. You also acknowledge that we reserve the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Art Cantina shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.

Termination

As a member, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to support@artcantina.com.

You agree that Art Cantina may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your member account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:

  1. Any breach or violation of our Agreement or any other incorporated Agreement, regulation and/or guideline;
  2. By way of requests from law enforcement or any other governmental agencies;
  3. The discontinuance, alteration and/or material modification to our Services, or any part thereof;
  4. Unexpected technical or security issues and/or problems;
  5. Any extended periods of inactivity;
  6. Any engagement by you in any fraudulent or illegal activities; and/or
  7. The nonpayment of any associated fees that may be owed by you in connection with your artcantina.com account Services.

Furthermore, you agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.

The termination of your account with artcantina.com shall include any and/or all of the following:

  1. The removal of any access to all or part of the Services offered within artcantina.com;
  2. The deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
  3. The barring of any further use of all or part of our Services.

Advertisers

Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you agree that Art Cantina shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.

Links

Either Art Cantina or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Art Cantina shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.

Proprietary Rights

You do acknowledge and agree that Art Cantina's Services and any essential software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Art Cantina or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Art Cantina Services (e.g. Content or Software), in whole or part.

Art Cantina has granted you personal, non-transferable and non-exclusive rights and/or license to make use of the object code or our Software, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Art Cantina for use in accessing our Services.

Interstate Communication

Upon registration, you acknowledge that by using our Services to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this Agreement, you are acknowledging that the use of this Service shall result in interstate transmissions.

U.S. Export Controls

No part of the Service may be exported or re-exported into any country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

WARRANTY DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF ART CANTINA, LLC SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. ART CANTINA, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. ART CANTINA, LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICESNSORS MAKE NO SUCH WARRANTIES THAT (i) ART CANTINA, LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) ART CANTINA, LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE ART CANTINA, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN BY WAY OF ART CANTINA, LLC SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM ART CANTINA, LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
  5. A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ART CANTINA, LLC AND OUR SUBISDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PRECURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY ON OUR SERVICE;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.

Special Admonition Related to Financial Matters

Should you intend to create or to join any service, receive or request any such news, messages, alerts or other information from our Services concerning companies, stock quotes, investments or securities, please review the above Sections Warranty Disclaimers and Limitations of Liability again. In addition, for this particular type of information, the phrase "Let the investor beware" is appropriate. Art Cantina's content is provided primarily for informational purposes, and no content that shall be provided or included in our Services is intended for trading or investing purposes. Art Cantina and our licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted and/or made available by way of our Services, and shall not be responsible or liable for any trading and/or investment decisions based on any such information.

Exclusions and Limitations

THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LAIBILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

No Third-Party Beneficiaries

Except as otherwise expressly provided in these Terms of Use, there shall be no third-party beneficiaries to these Terms of Use.

Notice

Art Cantina may furnish you with notices, including those with regards to any changes to the Agreement, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be after developed. Any such notices may not be received if you violate any aspects of the Agreement by accessing our Services in an unauthorized manner. Your acceptance of this Agreement constitutes your Agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.

Trademark Information

You acknowledge, understand and agree that all of the Art Cantina trademarks, copyright, trade name, service marks, and other Art Cantina logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Art Cantina. You agree not to display and/or use in any manner the Art Cantina logo or marks without permission.

Copyright or Intellectual Property Infringement Claims Notice & Procedures

Art Cantina will always respect the intellectual property of others, and we ask that all of our users to the same. With regards to appropriate circumstances and at its sole discretion, Art Cantina may disable and/or terminate the accounts of any user who repeatedly violates our Agreement and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
  3. A description of the location of the site which you allege has been infringing upon your work;
  4. The physical address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
  6. And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.

The Art Cantina Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:

Mailing Address:

Art Cantina, LLC | Attn: Copyright Agent | PO Box 149 | Masonville, Colorado 80541

Telephone: 970-541-9815

Email:       support [at] artcantina.com

GENERAL INFORMATION

ENTIRE AGREEMENT

This Agreement constitutes the entire Agreement between you and Art Cantina, LLC and shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to Art Cantina, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Art Cantina, LLC Services, affiliate Services, third-party content or third-party software.

CHOICE OF LAW AND FORUM

It is at the mutual Agreement of both you and Art Cantina, LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Colorado without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and Art Cantina, LLC, shall be filed within the courts having jurisdiction within the County of Larimer, Colorado or the U.S. District Court located in said state. You and Art Cantina, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

WAIVER AND SEVERABILITY OF TERMS

At any time, should Art Cantina, LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY

You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death.

VIOLATIONS

Please report any and all violations of this Agreement to Art Cantina, LLC as follows:

Art Cantina, LLC  |  PO Box 149  |  Masonville, Colorado 80541

Telephone: 970-541-9815

Email:       support [at] artcantina.com