 JURY REVIEW ONLINE LICENSING TERMS & CONDITIONS
Welcome to Jury Review Online,
a service of ArtDeadline.Com, both of which is owned and operated by Access Arts Inc. From hence forth, it's owner, subsidiaries,
affiliates, officers, agents, co-branders or other partners, and employees,
associates and affiliates, will be referred solely as 'Access Arts', 'Access
Arts®' Access Arts, Inc., ArtDeadline.Com, Jury Review Online and/or
as "Service". Your use of this site and it's information signifies acceptance of
the following terms ("TOS"). These terms may be updated by us from time to
time without notice. You can review the most current version of this TOS at any time
on this page.
COPYRIGHT /
TERMS OF USE AND ACCEPTANCE OF TERMS
Please note: Copyright and modification for publication
restriction applies to all individuals, organizations or companies even if
not exclusively subscribers/members. Deriving information from our exclusive
content/resources via other parties, or in any other manner, for
re-publication is strictly prohibited and will be regarded as infringement.
Access
and use of this websites information, news database, newsletter and/or
magazine is licensed solely to the individual subscriber, and is
subject to non - refundable termination upon violation of any terms and
conditions set forth herein. In addition, due to the nature of the
internet and this site, subscriber requested refunds, for whatever the
stated reason, must be made within the first 5 days following
activation of the account. However, upon our own discretion, we may
consider requests made after such time, and may refund portions of
unused subscription relative to unused time, if deemed reasonable by us.
Unless
otherwise expressly permitted, no copying, redistribution of content or
personal password, retransmission, modification of content for purposes
of publication or commercial exploitation is permitted without the
express written permission of Access Arts® / ArtDeadline.Com and owner.
The information, text, and html found within this site and
it's accompanying database, is for the personal use of the subscriber and
may not be reproduced, modified, linked to by any other url, and/or distributed
without prior written consent of Access Arts®, ArtDeadline.Com and owner.
You agree on behalf of yourself and the
organization you represent: no copying, redistribution, retransmission,
modification for purposes of re-publication or commercial exploitation of
ArtDeadline.Com and Access Arts® news, listings and materials is permitted
without the express written permission of Access Arts® and ArtDeadline.Com.
Furthermore, contact of any organizations thru our service for purpose of
promoting yourself or service is forbidden and also constitutes
infringement. This also covers retrieval of information from us for
purposes of re-publication via other party sources, such as other employees,
associates and friends.
THIRD PARTY CONTENT
Access Arts® / ArtDeadline.Com®, owners and associates cannot and does not
guarantee the accuracy of the information supplied to them by others, or any
information on pages linked to ArtDeadline.Com pages or within it's print
publications. No responsibility for this information can be, or is, assumed.
Inclusion on this site does not indicate or imply an endorsement by Access
Arts / ArtDeadline.Com of any organization, site or information.
Furthermore, although every effort is
taken to assure the accuracy of the provided news, announcements and
related information, Access Arts, Inc. does not endorse and is not responsible or liable for any Content,
and waives full responsibility that the information is correct, or current,
as posted or provided by ArtDeadline.Com and/or other originating source.
As
always, subscriber must exercise personal caution and responsibility when
applying to contests, call for submissions and related events, especially
when money is requested for participation.
Also, the Service may provide, or
third parties may provide, links to other World Wide Web sites or resources.
Because Access Arts has no control over such sites
and resources, you acknowledge and agree that Access Arts, Inc.
is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
Content, advertising, products, proposals, or other materials on or
available from such sites or resources. You further acknowledge and
agree that Access Arts, Inc.
shall not be responsible or
held liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site or resource.
Access Arts, Inc. is a distributor (and not a publisher) of
content supplied by third parties. Accordingly, Access Arts has no more editorial control over such content than does a
public library, bookstore, or newsstand. Any opinions, advice, statements,
services, offers, or other information or content expressed or made
available by third parties, including information providers, Subscribers or
any other user of Access Arts ArtDeadline.Com, are those of the respective
author(s) and not of Access Arts. Neither Access Arts nor any third-party provider of
information guarantees the accuracy, completeness, or usefulness of any
content, nor its merchantability or fitness for any particular purpose.
In
many instances, the content available through Access Arts /
ArtDeadline.Com represents the opinions and judgments of the respective
information provider, or other user not under contract with Access
Arts. Access Arts / ArtDeadline.Com neither endorses nor is
responsible for the accuracy or reliability of any information,
opinion, advice or statement made within ArtDeadline.Com. Under no
circumstances will Access Arts / ArtDeadline.Com be liable for any loss
or damage caused by a Subscriber's reliance on information obtained
through Access Arts / ArtDeadline.Com. It is the responsibility of
Subscriber to evaluate the accuracy, completeness or usefulness of any
information, opinion, advice or other content available through Access
Arts / ArtDeadline.Com.. Please seek the advice of professionals, as
appropriate, regarding the evaluation of any specific information,
opinion, advice or other content.
INDEMNITY
You agree to indemnify and hold
Access Arts, Inc., ArtDeadline.Com, and its subsidiaries, affiliates, officers,
agents, co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due to or
arising out of Content you submit, post or transmit, and/or access through the Service,
and your overall use of the Service and it's provided information, your connection to the Service, or your
violation of any rights of another.
You agree that you will not submit any
Content to ArtDeadline.Com / Access Arts that infringes any patent,
trademark, trade secret, copyright or other proprietary rights ("Rights") of
any party. By submitting Content you automatically grant -- or warrant that
the owner of such Content has expressly granted -- Access Arts /
ArtDeadline.Com the royalty-free, non-exclusive right and license to use,
reproduce, modify, adapt, publish, translate, distribute, perform and
display such Content (in whole or part) worldwide. (In more simple terms,
that you are simply allowing us to publish your submitted news in the format
provided by Access Arts / ArtDeadline.Com).
MODIFICATIONS TO SERVICE
Access Arts, Inc. reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that Access Arts® shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
TERMINATION
You agree that Access Arts, Inc.
in its sole discretion, may terminate your password, account,
(or any part thereof) or use of the Service, and remove and discard any content
within the Service, for any reason, including, without limitation, for lack of use or if
Access Arts® believes that you have violated or acted inconsistently with the letter or spirit
of the "Subscription". Access Arts® may also, in its sole discretion and at any time, discontinue
providing the Service, or any part thereof, with or without notice. You agree that
any termination of your access to the Service under any provision of this TOS
may be effected without prior notice, and acknowledge and agree that Access
Arts may immediately deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service. Further,
you agree that Access Arts shall not be liable to you or any
third-party for any termination of your access to the Services.
PROPRIETARY RIGHTS
You acknowledge and agree that the
Service and any necessary software used in connection with the Service
("Software") contain proprietary and confidential information that is
protected by applicable intellectual property and other laws. You
further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws.
Except as expressly authorized by Access Arts®
or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or
the Software, in whole or in part.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. ACCESS ARTS, INC. / ARTDEADLINE.COM,
OWNERS AND BUSINESS ASSOCIATES CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF
THE INFORMATION SUPPLIED TO THEM BY OTHERS, OR ANY INFORMATION ON PAGES
LINKED TO ARTDEADLINE.COM PAGES OR WITHIN IT'S PRINT PUBLICATIONS. NO
RESPONSIBILITY FOR THIS INFORMATION CAN BE, OR IS, ASSUMED. INCLUSION ON
THIS SITE DOES NOT INDICATE OR IMPLY AN ENDORSEMENT BY ACCESS ARTS /
ARTDEADLINE.COM OF ANY ORGANIZATION, SITE OR INFORMATION.
b. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCESS ARTS,
INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
c. ACCESS ARTS, INC MAKES NO WARRANTY THAT
(i)
THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL
MEET YOUR EXPECTATIONS, AND, (V) ANY ERRORS IN THE SOFTWARE WILL BE
CORRECTED.
d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
ACCESS ARTS® OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT ACCESS ARTS SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ACCESS ARTS HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i)
THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES
RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR
DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
(v) ANY OTHER MATTER RELATING TO THE SERVICE.
GENERAL INFORMATION
The TOS constitute the entire agreement between you and Access Arts®,
Access Arts, Inc / ArtDeadline.Com and govern your use of the Service, superceding
any prior agreements between you and Access Arts®,
Access Arts, Inc / ArtDeadline.Com. You also may be subject to additional terms and conditions that may apply when you use
affiliate services, third-party content or third-party software. The TOS and
the relationship between you and Access Arts®,
Access Arts, Inc / ArtDeadline.Com, shall be governed by
the laws of the State of Hawaii without regard to its conflict of law
provisions. You and Access Arts®, Access
Arts, Inc / ArtDeadline.Com agree to submit to the personal and exclusive jurisdiction of the courts located within the
county of Honolulu, Hawaii. The failure of Access Arts, Inc, to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS 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 TOS remain in full force and effect. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to use
of the Service or the TOS must be filed within one (1) year after such claim or
cause of action arose or be forever barred.
VIOLATIONS
Please report any violations of the TOS to our
Customer Care group
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