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Terms & Conditions
This Subscriber Agreement (the "Agreement") explains the terms and conditions governing your use of the ArtFortune.com website, technology, and any other content available on the website. Please read the whole thing. All subscribers must read this agreement carefully and agree to all of the terms and conditions herein before registering and using the ArtFortune.com website.
ArtFortune.com operates and manages the website system to assist real estate agents in the building of their business on the World Wide Web. By joining, you accept these terms and conditions and acknowledge that the ArtFortune.com website is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the registration. By registering you agree to use the ArtFortune.com website in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
You as a potential subscriber to ArtFortune.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on the behalf of ArtFortune.com. You will not make any statement, whether on your ArtFortune.com web site or otherwise, that reasonably would contradict anything in this Agreement.
(a) Generally. Subscribership to the ArtFortune.com website provides registered Subscribers (each a "Subscriber") with the package of content, tools, and services described below ("ArtFortune.com(s)"). Among other things, Subscribers may use the technology available throughout the ArtFortune.com website("Technology") to build their web presence (each a "Subscriber Site"). You understand and agree that ArtFortune.com may, at its discretion, add or delete any features included as a part of the ArtFortune.com website or Technology at any time.
(b) ArtFortune.com and Technology: You will be able to use the Technology incorporated in the ArtFortune.com website to build and maintain your Subscriber Site. ArtFortune.com provides the following Standard Service, and reserves the right to alter such Standard Service, at its sole discretion. Specifically, ArtFortune.com Standard Service allows your use of certain functionalities: building a hosted web site via our browser-based application, integrating certain communication tools into your Subscriber Site, building commerce capabilities into your Subscriber Site, utilizing certain marketing and promotion features, and gathering information regarding your Subscriber Site using reporting tools. ArtFortune.com may from time to time offer other tools and services which are not part of the Standard Service, including premium services for which a fee will apply are not included in the ArtFortune.com Standard Service.
2. Restrictions and Description of Prohibited Acts
(a) You may not use the ArtFortune.com, the selection of a web address for your Subscriber Site, the Technology, or the Subscriber Site to, including, but not limited to: (i) Display material containing pornographic material of any kind; (ii) Sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iii) Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
(b) You also agree that you will never promote or provide instructional information about: illegal activities, or activities that can lead to physical harm to any group or individual. You may not use the ArtFortune.com, Technology, or Subscriber Site in any high-risk activities where damage or injury to persons, property, environment, or business may result if an error occurs. YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(c) You agree that you will never conduct the following types of activities on the Subscriber Site: gambling; sweepstakes; raffles; lotteries; contests, pyramid, or Ponzi schemes; and/or unsolicited commercial email (spam).
(d) Subscribers shall be limited to 25MB of storage space for files (including, but not limited to, text or graphics files) uploaded to the ArtFortune.com.
3. Payment Terms (a) The ArtFortune.com Standard Service, as described in Section 1, will be billed immediately by ArtFortune.com. Unless there is a "Free Trial Period" shown on this page, in which case you will be billed the ending day of your "Free Trial Period". For monthly and yearly subscriptions, your next billing will be either one month or one year later (depending on subscription) and continuing every month or year later (depending on subscription) for the current monthly or yearly price (depending on subscription) until termination of this agreement occurs. ArtFortune.com reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with the above sections.
4. You agree to notify ArtFortune.com immediately if you suspect unauthorized use of the ArtFortune.com, your credit card, or your password. Under the fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50.00 of fraudulent charges.
5. Changes to the Terms and Conditions ArtFortune.com may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, ArtFortune.com will also give reasonable notice before any modification of the then current ArtFortune.com website that could change your Subscriber Site. If you find any change to be unacceptable, you are free to terminate this agreement. Your use of the ArtFortune.com website after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the ArtFortune.com, and its fee schedule.
6. Information About You and Your Business
(a) ArtFortune.com is committed to protecting your privacy. ArtFortune.com will never willfully sell personally identifiable information about you or your business to any third party other than through the sale or acquisition of our company to another.
7. ArtFortune.com Rights
(a) Communications. ArtFortune.com reserves the right to communicate with all Subscribers regardless of their email subscriptions in the event that important messages need to be communicated to Subscribers, including, but not limited to, service outages, material changes or modifications to the service, and notice of changes to the Subscriber Agreement.
(a) Term. This agreement shall be effective upon when you click on the Submit button and shall continue unless and until terminated.
(b) ArtFortune.com may at any time without notice to you discontinue any or all aspects of the ArtFortune.com website or restrict your use of the ArtFortune.com website in whole or in part for any breach of this Agreement by you; or if ArtFortune.com determines in its sole and exclusive judgment that terminating your use of the ArtFortune.com website is necessary for security reasons or for proper continued operation of the ArtFortune.com; or your use of the ArtFortune.com website or Technology is not for legitimate business purposes, or your use of the ArtFortune.com website violates any laws or regulation; or if ArtFortune.com receives information that the ArtFortune.com website or your use of the ArtFortune.com website (or any part thereof) may violate any third-party right.
(I) ArtFortune.com may at any time, modify or discontinue any or all aspects of the ArtFortune.com website or restrict your use of the ArtFortune.com website in whole or in part for ArtFortune.com 's convenience.
(II) ArtFortune.com may at any time, with ten (10) days notice to you, modify or discontinue any or all aspects of the ArtFortune.com website if the credit card number you provide ArtFortune.com expires, or if ArtFortune.com is unable to charge valid charges to that credit card number, or if you otherwise fail to make payments due to ArtFortune.com hereunder.
(III) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If ArtFortune.com terminates this Agreement or suspends your access to the ArtFortune.com, you will remain liable for the full charge for the period during which we terminate or suspend your ArtFortune.com. Following such termination or suspension, you agree not to reregister for or otherwise access the ArtFortune.com without ArtFortune.com 's prior written approval. ArtFortune.com reserves the right to delete any data files associated with your use of the ArtFortune.com website upon termination of this Agreement.
(c) Termination by You. You may terminate this Agreement immediately for any reason at any time. You will remain liable for the full charge for the period during which you terminated this Agreement and for all usage-based fees through the effective date for termination of this Agreement.
9. Indemnification You agree to indemnify ArtFortune.com and hold ArtFortune.com harmless against any and all liabilities, cost, and expenses, including reasonable attorney's fees related to or arising from: (i) your use of the ArtFortune.com website in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property, or other right or patent by any material you post or use on your Subscriber Site; (iii) any breach by you of this agreement; and/or (iv) any indecent, obscene, or libelous material posted on your Subscriber Site.
10. Reporting Violations ArtFortune.com does not actively monitor the content of Subscriber Sites but will investigate complaints of a violation of a third-party rights.
11. Proprietary Rights As between the parties, ArtFortune.com acknowledges that it claims no proprietary rights in Subscriber's content or any intellectual property right contained therein.
13. Limitation on Liability (a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL ArtFortune.com , OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE ArtFortune.com, TECHNOLOGY, OR CONTENT AVAILABLE ON THE ArtFortune.com WEBSITE("ArtFortune.com AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NONACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE ArtFortune.com; (II) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF ArtFortune.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(a) THE AGGREGATE LIABILITY OF ArtFortune.com AND THE ArtFortune.com AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO ArtFortune.com DURING THE TERM OF THIS AGREEMENT FOR ANY ArtFortune.com WEBSITE OR TECHNOLOGY.
(b) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(c) IN NO EVENT IS ArtFortune.com OR ANY ArtFortune.com AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND ArtFortune.com CONTROL.
(d) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION, AND/OR OTHERWISE.
14. Warranties/Disclaimers (a) ArtFortune.com warrants that, if a Subscriber is dissatisfied in any way with the ArtFortune.com, Technology, or Content provided on or through the ArtFortune.com, upon notice from you we will terminate the Agreement. This is your sole and exclusive remedy for any breach of the above warranty.
(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY SUBSCRIBER SITE DO NOT REFLECT THOSE OF ArtFortune.com. ArtFortune.com DOES NOT REVIEW, VERIFY, ENDORSE, OR OTHERWISE VOUCH FOR THE CONTENT OF ANY SUBSCRIBER SITES. ArtFortune.com IS NOT RESPONSIBLE FOR THE CONTENT OF ANY SUBSCRIBER PAGE. SUBSCRIBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN SUBSCRIBER SITE.
(c) ALL ArtFortune.com, CONTENT, AND TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE ArtFortune.com WEBSITEARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.
(d) ArtFortune.com DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO YOUR INFORMATION. ArtFortune.com AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE ArtFortune.com WEBSITEMAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT-OF-DATE INFORMATION; THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE ArtFortune.com.
15. Miscellaneous (a) This Agreement shall be governed by and construed in accordance with U.S. federal and Arizona laws, excluding its conflict-of-law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the federal and state courts of the state of Arizona, which are located in Phoenix, Az. If local laws prohibit your participation in any part of the ArtFortune.com, or use of them, then you are responsible for complying with such laws and the terms of this Agreement.
(b) Any and all disputes between you and ArtFortune.com will be settled by arbitration in Phoenix, Az. in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the ArtFortune.com. ArtFortune.com may broadcast notices or messages through the ArtFortune.com website to inform you of changes to this Agreement, the ArtFortune.com, or other matters of importance; such broadcasts shall constitute notice to you. All notices to ArtFortune.com from you must be made in writing via email addressed to infoArtFortune.com.
(e) ArtFortune.com 's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ArtFortune.com in writing.
(f) This Agreement comprises the entire agreement between you and ArtFortune.com and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(g) Your Subscribership in the ArtFortune.com website and any of your rights hereunder may not be assigned or transferred to any third party. ArtFortune.com reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.
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