Terms of Service

Artists Sunday^TM Terms of Service

Last Modified: 04/06/2020

The Artists Sunday^TMis a national movement created by Artists Sunday, LLC (“we”, or “us”) dedicated to supporting and celebrating artists and craftspeoples.

OUR WEBSITE AND APPLICATIONS

Your use of the Artists Sunday Website (artistssunday.com)(“Website”), or use of any mobile application (”Applications”) is governed by these Artists Sunday Terms of Service (“Terms of Service”). By using the Website and/or Applications, you are agreeing to the Terms of Service and that our decisions with respect to the interpretation and application of these Terms of Service, will be final and binding and made by us in our sole discretion. We reserve the right to modify these Terms of Service at any time. We will indicate that changes have been made by updating the “Last Modified” date above. Your continued use of the Website and/or Applications after the Terms of Service have been modified constitutes your agreement to the modified Terms of Service. You agree that by using the Website and/or Applications, you represent that you are at least 18 years old and that you are legally able to enter into this agreement.

ADDITIONAL TERMS

In addition to the terms and conditions of these Terms of Service, your use of the Website and/or Applications is subject to and you are also agreeing to be bound by the:

• Artists Sunday Privacy Policy (www.artistssunday.com/privacy).

In the event of a conflict among or between these Terms of Service and the Privacy Policy, the precedence shall be, first, the Terms of Service, then the Privacy Policy.

If you participate in the Artists Sunday Program, then your participation is subject to a separate agreement. If you participate in the Artists Sunday Partner Program, then your participation is subject to a separate agreement

CONTENT

“Content” means all of the text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to or through the Website and/or Applications, such as reviews, compliments, invitations, advice, and information that you display. “Our Content” means Content created by us, licensed by us, and/or made available by us on the site. You grant us a license to use the materials you post to the Website and/or Applications. By posting, downloading, displaying, performing, transmitting, or otherwise distributing Your Content to the site, you are granting us a license to use Your Content in connection with the operation of the Website and/or Applications, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat Your Content. You will not be compensated for any Your Content. You agree that we may publish or otherwise disclose your username in connection with Your Content. By posting Your Content on the site, you warrant and represent that you own the rights to the Your Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute Your Content.

COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS

When accessing or using the Website and/or Applications, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Website and/or Applications is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or Your Content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any of Your Content you provide, post, or transmit, or that is provided or transmitted using your user name or username. The burden of proving that Your Content does not violate any laws or intellectual property rights rests solely with you.

INTELLECTUAL PROPERTY OWNERSHIP.

All Our Content included on the Website and/or Applications is our property or our licensor’s and is protected by U.S. and international intellectual property laws. All software used on this site is our property or our software suppliers and protected by United States and international intellectual property laws.

You may not frame or utilize framing techniques to enclose any of Our Content without express written consent. You may not use any meta-tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not use any direct linking or source-calling of any of Our Content presented on this website.

INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS

We will use reasonable efforts to investigate notices of alleged infringement and will take appropriate action under applicable intellectual property laws and this Terms of Service where we believe an infringement has taken place, including removing or disabling access to the material claimed to be infringing and/or terminating accounts and access to the site. To notify us of a possible infringement you must submit your notice in writing to our attention and include in your notice a detailed description of the alleged infringement sufficient to enable us to make a reasonable determination. Regarding allegations of copyright infringement, we abide by the Digital Millennium Copyright Act (the “DMCA”).

PROHIBITED CONTENT AND CONDUCT

You agree not to upload, download, display, perform, transmit, or otherwise distribute any of Your Content that:

• – is fictitious, false, inaccurate or misleading;
• – promotes sweepstakes (this means any giveaway or promotion in which random chance, rather than skill, determines who wins or gets a prize);
• – is disparaging or defamatory to any person or entity;
• – contains any profanity or is otherwise obscene, pornographic or offensive;
• – contains superlatives (e.g., words like “best,” “first,” “fastest” and “cheapest”);
• – promotes any illegal or unlawful product or service or suggests, encourages or promotes the violation of any laws, rules or regulations;
• – infringes the rights of any person or entity, including, without limitation, rights of privacy, publicity or – intellectual property;
• – promotes or advocates for any sensitive or controversial topic; and/or
• – is otherwise inconsistent with our values or the values of the Artists Sunday.
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We reserve the right to terminate your receipt, transmission, or other distribution of any such material using the Website and/or Applications, and, if applicable, to delete any such material from our servers. We intend to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of the Terms of Service or of any applicable laws.

ALLEGED VIOLATIONS

We reserve the right to terminate your use of the Website and/or Applications, and, in our sole discretion, to reject, to refuse to post, or to delete any Content on the site for any reason.

We assume no responsibility for monitoring the site for prohibited Content or conduct. If we choose to monitor the site, we assume no responsibility or liability for Your Content or conduct, assumes no obligation to modify or remove prohibited Content, and assumes no responsibility or liability for prohibited conduct by third parties.

If you become aware of misuse of the site or of any prohibited Content or conduct, please report it to us.

DISCLAIMER OF WARRANTY

WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE WEBSITE AND/OR APPLICATIONS AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR APPLICATIONS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND/OR APPLICATIONS, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE AND/OR APPLICATIONS WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE AND/OR APPLICATIONS WILL BE UNINTERRUPTED OR ERROR-FREE.

AFFILIATED SITES

We have no control over, and no liability for any third party websites, materials or services. We work with a number of partners and affiliates whose internet sites may be linked with the Website and/or Applications.

LIMITATION OF LIABILITY

OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE AND/OR APPLICATIONS OR ANY OTHER MATERIALS PROVIDED TO YOU BY US. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

INDEMNIFICATION

You agree to indemnify us for certain of your acts and omissions. You agree to indemnify, defend, and hold us harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website and/or Applications, your violation of Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

GOVERNING LAW

Any and all disputes, claims or actions arising out of or relating to the Terms of Service, including the enforcement and interpretation of these Terms of Service, shall be governed by the substantive laws of the state of Texas without regard to conflict of law principles, and shall be brought solely within the state of Texas and Travis County.

DISPUTES

You agree that any dispute arising out of or related to the Terms of Service (“Disputes”) shall be, upon the election of either you or us, submitted for binding arbitration, which shall take place in the State of Texas, Travis County pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. No arbitration award or decision on any Disputes shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. You and we will be responsible for paying your and our respective shares of the arbitration fees (including filing, administrative, hearing and/or other fees) as provided by AAA rules. The provisions of this paragraph may be enforced in a court of competent jurisdiction.

THIRD PARTY BENEFICIARIES

Except as otherwise expressly set forth herein, these Terms of Service are for the sole benefit of the parties hereto and their successors and permitted assigns and nothing herein express or implied shall give or be construed to give any person other than the parties hereto any legal or equitable rights hereunder.

ASSIGNMENT

You may not assign any of your rights or delegate any of your obligations under these Terms of Service without the prior written consent of us. Any purported assignment or delegation in breach of this provision will be null and void.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between the parties and supersede all previous discussions, agreements, promises, proposals, representations and understandings pertaining to use of the Website and/or Applications.

SEVERABILITY AND WAIVER

If any provision(s) of these Terms of Service are held by a court of competent jurisdiction to be void, contrary to law or for any reason otherwise unenforceable, then such provision(s) shall be construed, as nearly as lawfully possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The severance of any void, unlawful or otherwise unenforceable provision, shall not affect the validity or enforceability of any remaining provisions herein. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.