ArtistRack.com is a free website service to our visitors. Your use of http://ArtistRack.com means that you accept are agreeing to comply with and are bound by the following terms of use. The terms and conditions that are set below constitute a legally binding agreement between you and ArtistRack (ArtistRack.com) and any affiliated persons. By continuing to use ArtistRack.com, you agree to abide by this agreement (terms and conditions). When you use any specific service from ArtistRack.com, you agree abide by any guidelines/terms/agreements posted in connection with the services, including our Privacy Policy, all of which is hereby incorporated (by reference) into this Agreement. Please make sure that you review the following terms carefully. If you do not agree to any part of these terms, you should stop using this site immediately. ArtistRack.com reserves the right to amend or modify this Agreement at any time.
Your continued use of ArtistRack.com following the any amendments to this Agreement means that you accept and agree to abide by any changes made. This is why you should check back daily and review the terms and conditions of this Agreement so you are aware of the most current terms and conditions that apply to you and the agreement between us. If you do not comply with this Agreement at any times when you use this site, ArtistRack.com have the right to cancel your account and remove any items that you may have submitted to us. The terms and conditions of this Agreement will apply regardless of how ArtistRack.com was or is accessed, this includes but is not limited to access via email, third party websites, mobile site etc..
ArtistRack is a trading name of ThinkSmart Innovation Ltd. Registered Address 20-22 Wenlock Road, London, N1 7GU registered in England and Wales No. 09173348
- Acceptance of Agreement.
You agree to the terms and conditions which are outlined in this Terms of Use Agreement (“Agreement”) with respect to www.ArtistRack.com. This Agreement constitutes the entire (and the only) agreement between ArtistRack.com and yourself. This “Agreement” does and shall override all prior agreements, representations, warranties and understandings with respect to ArtistRack.com, the content of this site and the products or services that are provided by ArtistRack.com or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time from time to time by us without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
- Copyright.
The content, graphics, design, organization, compilation and other matters which are related to www.ArtistRack.com are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights both at common law and through registration. You are not allowed to copy, redistribution, any content or any part of the Site, except which is allowed under Section 4. Any other copying from this site is strictly prohibited. This includes, without any limitation, the ‘look and feel’ and arrangement/design of items. All trademarks and trade names are the property of ArtistRack.com You do not acquire ownership rights to any content, documents, sounds, videos, media or other materials viewed through the Site. The posting of information or material on the Site does not constitute any form of waiver of any right in such information and materials.
If you believe that ArtistRack.com contains any material that infringes your copyrights to your work, please follow the following steps:
- Identification of the copyrighted work (or works) that you claim has been infringed
- A full description of the material that you claim is infringing, and the exact location of where the original or an authorized copy of the copyrighted work can be found
- A description of where the material is located on ArtistRack.com, including the URL
- Your full name, address, telephone number, and e-mail address
- A signed statement that you have a good belief that the use of the material in concern is not authorized by the copyright owner.
Please forward the above onto contact@artistrack.com
- Rules Of Conduct For Comments and Content Submission
You are fully responsible for any and all Content and comments that you post by you on ArtistRack.com. ArtistRack does not endorse, edit, verify, and vouch in any way for comments posted by users of ArtistRack.com. We also do not guarantee the accuracy, integrity, quality or appropriateness of any Content posted by Users. Users may be held legally liable for any Content/Comments posted to ArtistRack.com, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. You agree to indemnify ArtistRack.com of any third party claims fully including any legal costs that may arise.
By using ArtistRack.com, you may be exposed to Content or comments which are offensive, indecent or otherwise objectionable to you. ArtistRack.com reserves the full right to modify or remove anything submitted, posted, or uploaded to ArtistRack.com, at any time for any reason without giving any prior notice. Under no circumstances will ArtistRack.com be liable for any errors, omissions, or offensive material contained in any Comments or material posted by Users. ArtistRack.com cannot and will not be held liable for any loss, liability, claim, damage, or expense (including legal fees) arising from or in connection with any content or comments posted by a user.
- You agree to not to use ArtistRack.com and its services to:
- upload, post, email, submit, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (including, but not limited to, posting the private information of other parties)
- harm minors in any way
- impersonate any person or entity, including, but not limited to, a ArtistRack.com official or employee, or falsely state or otherwise misrepresent your affiliation with a person or entity
- upload, post, email, submit, transmit or otherwise make available any Content that you do or may not have the rights to make available under any law or under contractual.
- upload, post, email, submit, transmit or otherwise make available any Content that will or may infringe in any way upon the rights of others, including without limitation, any patent, trademark, trade secret, copyright, right of privacy and right of publicity. Including but not limited to files of copyrighted music, copyrighted photographs, text, video, or artwork
- upload, post, email, submit, transmit or otherwise make available any unsolicited or unauthorized advertisement on any part of ArtistRack.com
- upload, post, email, transmit, submit or otherwise make available any material containing nudity, pornography, or sexual material of a lewd, vulgar, lascivious, indecent, lecherous or obscene nature or intent
You acknowledge, consent and agree that ArtistRack.com may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of ArtistRack.com, its Users and the public.
You understand that the technical processing and transmission of the services available on ArtistRack.com, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- Limited Right to Use.
The viewing, printing or downloading of any content, graphic, material and media from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub license, sale, preparation of derivative works or other use. No part of any content, material, images, media, music or video in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution) or as allowed via ArtistRack.com (such as RSS feeds)
You agree not to access this site via any bots or automated systems.
- Editing, Deleting and Modification.
We reserve the right in our sole discretion to edit and or delete any material that appears on ArtistRack.com. This includes any uploaded material uploaded by yourself or comments left in on any post.
- Limitation of Liability
Under no circumstances and in no event shall ArtistRack.com, its affiliates, owners or employees, be liable, regardless of the cause or duration, for any errors, inaccuracies or other defects in, or untimeliness or absence of authenticity of, the information contained within ArtistRack.com. We shall also not be held liable for any delay or interruption in the transmission thereof to the user. Under no circumstances and in no event shall any of the ArtistRack.com parties be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or relating to this agreement and/or use of, or inability to use this website, or the claims of third parties, including users, however caused, under any legal theory (whether in contract, tort, negligence, strict liability or otherwise), even if any ArtistRack.com party(s) has been advised of the possibility of such damages.
- Indemnification.
You agree to indemnify, defend and hold us and our partners, staff and affiliates harmless from any liability, loss, claim and expense, including legal fees, related to your violation of this Agreement or use of the Site or by you uploading or submitting any content.
You agree that your use of this site and your actions related to the use of this site and services abides by all local laws.
- Disclaimer and Limits
The information from or through ArtistRack.com is provided as an ‘as is’ basis and as an ‘as available’ service. All warranties, expressed or implied, are disclaimed (including, but not limited to, the disclaimer of any implied warranties of merchant-ability and fitness for a specific purpose). The information and services may sometimes contain bugs, errors problems and/or other limitations. ArtistRack.com and our affiliated parties have no and will take no liability whatsoever for your use of any information or service from this site. In particular, but not as a limitation thereof, ArtistRack.com and our affiliated parties are not liable for any indirect, special, incidental or consequential damages (including damages for loss of business, loss of profits, litigation, or anything similar), whether it be based on a breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The negation of damages set above is a fundamental element of the basis of the bargain between ArtistRack.com and yourself. This site and the information would not be provided without such limitations. No advice or information, whether oral or written, obtained by you from us through the site shall create any warranty, representation or guarantee not expressly stated in this agreement.
ArtistRack.com will not be liable to you for any incidental, special or consequential damages of any kind that may occur from use of or inability to use our site. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or advertisement.
- Use of Information.
We reserve the right, and you authorize us, to use and all information provided by you in any format which will be consistent with our Privacy Policy.
- Third-Party Services
On ArtistRack.com we may time to time allow access to or advertise third-party sites from which you may/can purchase certain goods or services. You fully understand that we do not operate or control the products or services offered by the third-party sites. These sites are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not an affiliated party to the transactions entered into between you and the Third Party Sites. You agree that use of such Third Party Sites is entirely at your own risk and is without warranties of any kind by us (ArtistRack.com), expressed, implied or otherwise including warranties of title. Under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site (ArtistRack.com).
- Privacy Policy
Our Privacy Policy link can be found on the bottom of this footer is a part of this Agreement. This may change from time to time.
- Payments.
You represent and warrant that if you are purchasing something from us that (i) any credit/debit card information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
- Links to Other Web Sites
ArtistRack.com may contains links to other sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on ArtistRack.com does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so solely at your own risk.
- Submissions, Uploads and Copyrights
By using ArtistRack.com and/or uploading and/or submitting any material to ArtistRack.com, you represent and warrant as a material part of this Agreement that any and all intellectual property, content, or media you upload does not and will not in any way infringe upon the intellectual property rights of any third party, including such rights manifested in registered or unregistered copyrights, trademarks, patents, or trade secrets, whether at common law, by statute or under the terms of the Digital Millennium Copyright Act, as amended.
You also agree not to upload pornographic, obscene or content containing any form of child exploitation.
Additionally, you hereby agree to fully indemnify and hold harmless ArtistRack.com and its affiliates, officers, owners, and employees from and against any and all third party claims of any nature or kind arising from any uploads of material you place on our site, including any legal fees and costs.
We reserve the right to immediately remove any material that is or may be infringing of any third party rights at any time, without refund or prior notice to you. You agree that we may terminate your access at any time for any reason without notice.
If you believe that the material on ArtistRack.com or there is any content that infringes upon your rights, please notify us immediately on the details which can be found under section 2.
- Refund Policy
ArtistRack.com may offer products or services to you. All transactions are final and non-refundable once it is being processed. In the case we are unable to deliver a service through no fault of your own, ArtistRack.com will refund or credit the amount of payments received. This Section 15 sets forth your sole and exclusive right to refund and return.
- Data Collected
We may collect data and information supplied by you when you submit on ArtistRack.com. We will enroll you into our newsletter and or marketing emails. We may send you regular email newsletters that contain information about ArtistRack.com and information that we believe may have value to you, specifically events, special discounts and we may share your details with carefully selected third parties that you may be interested in.
All marketing emails will contain a link to opt out of further communications from ArtistRack.com . If you make a purchase via ArtistRack.com we will auto enroll you into our newsletter and emails.
ArtistRack.com may also use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to ArtistRack.com, and understanding how visitors use ArtistRack.com. Cookies can also help customize ArtistRack.com for visitors.
ArtistRack.com cookies cannot be used by themselves to identify you and you have the ability to accept or decline cookies by modifying the settings in your browser. However, some interactive features of ArtistRack.com may not work if cookies are disabled. Cookies can be disabled in your browser by following the instructions found at: http://www.allaboutcookies.org/manage-cookies.
- Law and Jurisdiction
These terms of use are governed by UK English law. Any dispute arising in connection with these terms of use shall be subject to the exclusive jurisdiction of the Courts of England and Wales.
