Restrictions on Use of Materials
ArtBeats is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site and is the copyright owner or licensee of the content and/or information on the Site including but not limited to any screens appearing on the Site. By placing them on the Site, ArtBeats does not grant to any Site user any license or other authorization to copy or use its trademarks, registered trademarks, service marks, copyrightable material, or other intellectual property, except as provided herein. Various products and services described on the Site may carry registered or other trademarked symbols that are the sole property of their respective owners.
You may view, print, and download portions of the content and/or information of the Site solely in connection with your use of the Site and solely for your own use or records. ArtBeats reserves the right to revoke this authorization at any time. In printing or downloading content and/or information from the Site, you agree not to change or delete any proprietary notices, trademarks, and the like from any printed or downloaded content and/or information. Except as otherwise provided in these Terms or as consented to in writing by ArtBeats, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other website, transfer, or sell any content and/or information appearing on the Site. Furthermore, you may not attempt to view, disclose, copy, reverse engineer, disassemble, decompile or otherwise examine the Site source code. If you make use of the Site other than as authorized herein, you may be in violation of copyright laws and other laws of the United States and other countries, as well as applicable state laws, and may be subject to penalties and/or legal or equitable remedies available to ArtBeats or its licensor.
Disclaimer and Limitation of Liability
ArtBeats uses reasonable efforts to include accurate and current information on this Site. However, ArtBeats makes no representations or warranties as to the accuracy of information contained on this Site. ArtBeats assumes no liability or responsibility for any errors or omissions as to the content of this Site.
Although ArtBeats uses reasonable security and encryption provisions, we do not guarantee and make no representations or warranties concerning our ability to prevent unauthorized access of or tampering with the Site or information accessible through the Site. You acknowledge that information transmitted through the Internet or accessible through the Internet is never completely secure.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. ARTBEATS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND, (2) ANY WARRANTIES OF TITLE, OF NON-INFRINGEMENT, OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. NEITHER ARTBEATS NOR ANY OF ITS DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF ARTBEATS OR THE ARTBEATS ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. CESSATION OF YOUR USE OF THE SITE IS YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH ARTBEATS.
This Site may contain links to other external sites. The links are provided “as is.” You should be aware that you use them at your own risk. ArtBeats does not endorse, and ArtBeats is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed within a page of this Site. ArtBeats is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that ArtBeats shall not be responsible or 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 such other sites. ArtBeats and its content and service providers shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.
You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that ArtBeats may terminate your use of the Site in ArtBeats’ sole discretion for any reason.
You are responsible for maintaining the confidentiality of your login name and password and for any and all activities that occur under your password or account. You agree to immediately notify ArtBeats of any unauthorized use of your password or account, or any other breach of security of which you become aware.
You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of ArtBeats. ArtBeats has no obligation to monitor the Site; however, you acknowledge and agree that ArtBeats has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.
You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by ArtBeats; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.
Copyright Infringement and DMCA Policy
If you believe material located on or linked to by our sites, such as artbeatsusa.com, infringes on your copyright(s), please notify us by providing an appropriate DMCA notice. Upon receipt of a complete and valid notice, ArtBeats will respond to all such notices by removing the infringing material and/or disabling all links to the infringing material.
ArtBeats will terminate a visitor’s access to and use of the ArtBeats website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of ArtBeats or others.
To File a DMCA notice, Send your complaint to our Designated Agent:\
1500 Windhaven Cir
Las Vegas, NV 89117
Your DMCA complaint must include the following:
A physical or electronic signature of the copyright owner or a person authorized to act on his/her/its behalf;
An identification of the copyright claimed to have been infringed;
A description of the nature and exact location of the material that you claim to infringe your copyright in sufficient detail to permit ArtBeats to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. – your complaint refers to;
Your name, address, telephone number, facsimile number, and email address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by permanently discontinuing your use of the Site. These Terms will terminate immediately without notice from ArtBeats if in ArtBeats’ sole discretion you fail to comply with any term of these Terms. Upon termination, you must destroy all materials obtained from this site and all copies thereof.
Where required, ArtBeats may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to ArtBeats by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with ArtBeats, please write to:
1500 Windhaven Cir
Las Vegas, NV 89117
The laws of the State of Nevada shall govern the validity, performance, enforcement, interpretation and any other aspect of these Terms, without regard to principles of conflicts of laws thereunder. The parties agree to submit to the exclusive jurisdiction and venue of the courts of Nevada for any action arising out of these Terms. ArtBeats may revise these Terms from time to time. You are bound by such revisions and for this reason should periodically review the current Terms to which you are bound. The Site is provided for lawful purposes only. You acknowledge and agree that the provisions, disclosures and disclaimers set forth in these Terms are fair and reasonable and your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon you by any person or entity. You acknowledge and agree that the Site is for your personal and non-commercial use.
ArtBeats shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules as posted on the Site, represent the entire understanding between you and ArtBeats regarding your relationship with ArtBeats and your use of the Site. These Terms supersede all previous written or oral agreements between you and ArtBeats with respect to such subject matter. Notwithstanding any provision of these Terms, ArtBeats has available all remedies at law or equity to enforce these Terms.