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Artybiz.com
Terms and Conditions of Use
Artybiz.com is the business of Artybiz.com Limited ("Artybiz")
which is a company incorporated in England with the registered number 04733931
whose registered address is 34 Sedley Taylor Road, Cambridge, Cambridgeshire
CB2 2PN
1. This Website
Artybiz owns the website located at www.Artybiz.com (the "Website").
By accessing and using the Website, the user ("You", "Your")
agrees to be bound by these terms and conditions of use (the "Terms"),
which govern Your access to and use of the Website and Your continued use
of the service constitutes acceptance of these rules.
As a visitor to the Website, this website provides You with a search facility,
and a facility to browse the information stored on the website. As a registered
user this website provides You with the facility to set up an artists showcase,
to set up an artybiz™ showcase, to promote an artistic event, to place
a classified and e-mail exhibitors (collectively the "Services").
The Services, including any updates, enhancements and new features are subject
to the Terms below.
2. Ownership and Use of the Service
2.1 All text, data, charts, tables, software, graphics, photographs,
names, logos, trade marks, service marks and other material on the Website
(the "Content") and all rights in it belong to Artybiz or its
registered users or subscribers. All are protected by copyright laws and
may not be reproduced without permission.
2.2 You may only use the Services for lawful purposes and not for
any purpose that is unlawful or prohibited by these Terms; in particular
You may not use the Service to transmit defamatory, offensive or abusive
material or material of an obscene or menacing character or in breach of
copyright or other intellectual property rights.
2.3 You must supply accurate and not misleading information when
using services on this site. You may not attempt to gain unauthorized access
to any Services, other accounts or computer systems connected to any Artybiz
server or to any of the Services. You may not use the Service to transmit
any material (including viruses) which is likely to cause harm to Artybiz
or any other computer systems.
2.4 You must not attempt to interfere with the services or network
including, but not limited to, flooding of networks or deliberate attempts
to overload a service and attempts to crash the services.
3. Intellectual Property Rights
3.1 The trade marks, service marks and logos used and displayed on
this Website ("Trade Marks") are registered or unregistered trade
marks of Artybiz. Nothing on this Website should be construed as granting,
by implication or otherwise, any licence or right to use any Trade Mark
without the prior written permission of Artybiz. The name of Artybiz
may not be used in any way, including in advertising or publicity pertaining
to distribution of the Content without the prior written permission of Artybiz,
save as the ability to use the URL address given to You upon registration.
4. Copyright
4.1 You agree to respect the intellectual property rights of others.
4.2 Images and designs and all works of art contained in the Website
are the property of Artybiz and their respective copyright owners, and
are used by Artybiz in accordance with the express authorization of the
copyright owners or their respective agents.
4.3 Visitors to the Website are permitted, for the purpose of viewing
the site, to make a temporary copy on their access devices of pages hosted
on the Website.
4.4 You agree not to use, reproduce, modify, distribute, transmit,
republish, display or perform any of the content on the Website. Artybiz
reserves the right, at its discretion, to restrict and prevent further access
to the Services to visitors and registered members of the Website who infringe
the intellectual property rights of others.
5. Disclaimer
5.1 You agree that any contract You make to buy or sell artwork or
use any service provided through this Website is solely between You and
the other user. For the avoidance of doubt Artybiz shall not be a party
to such a contract.
5.2 Artybiz will supply this service at all times and carry out
its obligations with reasonable skill and care as far, as is technically
practical. You recognise that it is technically impossible to supply uninterrupted
services at all times and that some short periods of unavailability will
inevitably occur.
5.3 Information provided by Artybiz on this site is posted in good
faith and updated regularly, but Artybiz cannot guarantee its completeness
or accuracy. Postings on the site by members of Artybiz, other individuals
or organisations reflect their own thoughts, interests and activities; they
do not implicitly or explicitly represent official positions and policies
of Artybiz.
5.4 Artybiz does not accept any liability to You or any third party
for any error or omission on this site. Artybiz reserves the right to
change, update or delete any information provided on this site without prior
notice by posting such changes here. You assume all responsibility and risk
for use of this Website.
5.5 Artybiz accepts no liability in contract, tort or otherwise
including negligence for inability to gain access to the Services as a result
of routine or emergency maintenance on the system or excessive demand for
the Services and delay or failure in transmitting or receiving material.
5.6 Where this Website is linked to any website operated by any third
party, Artybiz accept no responsibility or liability arising in respect
of any content of such website. In addition, Artybiz is not responsible
for any form of transmission received from any linked site. Artybiz is
providing any links to You only as a convenience, and the inclusion of any
link does not imply endorsement by Artybiz of the site.
6. Registration and Email
6.1 To use some of the Services, such as contacting other users,
You must register with Artybiz.com using the form provided. You agree
to provide true, accurate, current and complete information about You as
required by the registration form, and to up date the information provided
by You to keep it true, accurate, current and complete. Artybiz has the
right to suspend or terminate Your registration if it suspects an abuse
by You of any of these terms. The use of any information You provide to
us as part of the registration process is governed by the term of our Privacy
Policy.
6.2 Harassment by email, whether through language, frequency or size
of messages is prohibited. Malicious emails, including but not limited to ‘mail bombing’ (flooding a user or site with very large numbers
or pieces of email), is also prohibited. You are prohibited from sending
unsolicitored bulk email, junk mail or spam. If Artybiz suspects You of
sending such email it may suspend Your registration at any time.
7. Passwords
7.1 When You register with Artybiz you will need a user name and
password, which will be given to you through the Service’s registration
process. You are responsible for maintaining the confidentiality of your
username and your password. You agree to notify Artybiz immediately of
any unauthorised use of your username, password or your account or any other
breach of security, and You must ensure that you exit from your account
at the end of each visit to this Website.
7.2 You may not disclose your username or password to any third party
or use your password or username for any unauthorised purpose.
7.3 You agree Artybiz is not responsible for any loss of privacy
and accepts no responsibility or liability in contract, tort or otherwise
resulting from You disclosing the URL address given to You upon registration.
8. Termination
8.1 Artybiz reserve the right to terminate Your account at any
time, without prejudice and without any prior notice given to You.
8.2 On termination, You agree that You will no longer have access
to or use of the Services.
9. Changes to the Terms
9.1 Artybiz reserve the right, at its discretion, to make changes
to any parts of the Website or these Terms. When these Terms are amended,
Artybiz will publish details of the amendments on the Website. Your continued
use of the Website is taken as Your agreement to be bound by these Terms
as amended.
10. General
10.1 If these Terms or any part of them should be determined to be
illegal, invalid or otherwise unenforceable under the laws of any state
or country in which these Terms are intended to be effective, then to the
extent that they are so illegal, invalid or unenforceable, they shall in
that state or country be treated as severed and deleted from these Terms
and the remaining Terms shall survive and remain in full force and effect
and continue to be binding and enforceable in that state or country.
10.2 Artybiz will not be responsible for any breach of these Terms
caused by circumstances beyond its reasonable control.
10.3 These Terms shall be governed by and construed in accordance
with English Law and subject to the exclusive jurisdiction of the English
Courts.
11.0 Refund Policy
11.1 You may terminate your subscription at any time and a refund may be available at the managements discretion
Copyright © 2005 Artybiz.com Ltd
34 Sedley Taylor Road, Cambridge, Cambridgeshire CB2 2PN.
All rights reserved.
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