Our Site contains and/or provides access to information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”), which are protected by the US Copyright Act, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed.  All Content is copyrighted.  You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. Except as provided in the next paragraph, you may make single copies of portions of the Content, provided that the copies are made only for your personal use and that you maintain any copyright notices contained in the Content. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. Copyright Act (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright without obtaining permission of the owner of the copyright.

Certain hyperlinks within the Site (“Hyperlinks”) are being provided under Copyright Licenses from the owners of the hyperlinked contents, which are also protected by the US Copyright Act.  Access to the Content and Hyperlinks is being provided solely for the non-commercial use of the recipients, and by acquiring access to the Content, the recipients are acknowledging that the Contents and Hyperlinks included in such content will be used by the recipients solely for their personal and non-commercial purposes.

Nothing contained on our Site should be construed as granting any license or right to use our Site or any information displayed on our Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission.

Any marks that may or may not be designated on our Site by a “™” “®” “SM”, are registered, pending registration, or are unregistered common law trademarks or service marks of the Company, in the United States.  Our graphics, logos, page headers, button icons, scripts, and service names are trademarks and trade dress of the Company.  Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us.  All other trademarks not owned by us that appear on our Site are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us.

In certain instances, our Site features information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material of third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Third Party Associates”) (collectively, “Third Party Content”).  In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of Third Party Content posted on or transmitted through our Site, or items advertised on our Site, by our Third Party Associates.  If you believe that your rights under intellectual property laws are being violated by any Third Party Content posted on or transmitted through our Site, or items advertised on our Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Third Party Content and/or advertisements.  It is our policy to disable access to infringing materials, and to terminate access of repeat infringers to our Site.  In order for us to investigate your claim of infringement, you must provide us with the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
3. A description of where the material that you claim is infringing is located or identified on our Site; Your name, address, telephone number, and e-mail address;
4. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
5. A statement by you, made under penalty of perjury, that the information submitted to us is accurate and that you are the owner of the copyright or intellectual property or authorized to act on behalf of the owner of the copyright or intellectual property.

The above information should be provided to:

By mail:

IMADE REEDAN LLC, Artimyze.com
PO Box 24178
Indianapolis, IN 46224
USA

By phone:

317-362-0712

By e-mail:

technicalsupport@artimyze.com

Links

We are not responsible for the content of any sites that may be linked to or from our Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from our Site or which directs you to our Site are independent from us, and we have no control over the content of that other website.  In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.

In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.

You may not download (other than page caching) or modify our Site or any portion of it without our express, prior written consent.  This includes: a prohibition on any resale or commercial use of our Site and Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of our Site or our Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools.  The Site or any portion of our Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours or our Third Party Associates without our express, prior written consent.  You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.

You agree to use our Site only for lawful purposes, and you agree to comply with all applicable laws related to the use of our Site.  Our Site may provide links to a blog or other public forum for posting comments or communicating with others who desire to participate in these public forums.  We do not monitor each of those forums.  Use of such forums is at your sole risk.  We disclaim any liability for any items which we do not post on such forums.

We reserve the right to prohibit conduct, communication, or other Third Party Content that we deem in our sole discretion to be unlawful or harmful to you, our Site, Site users, our customers or any rights of ours or any third party.  Notwithstanding the foregoing, neither we nor our Third Party Associates can ensure prompt removal of questionable Third Party Content after online posting. Accordingly, neither we nor our Third Party Associates assume any liability for any action or inaction with respect to conduct, communication, or Third Party Content on our Site.

Your rights to use this Site may be further limited by federal law or the laws or regulations in your particular state or locality.

We may terminate your access or suspend your right to access to all or part of our Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, our Third Party Associates, or us.

This Site is not intended for or directed to persons who are minors (typically persons under the age of 18, depending on where you live).  Because we cannot prohibit minors from accessing, viewing, browsing, visiting or using our Site, we must rely on parents, guardians and those responsible for supervising minors to decide which materials are appropriate for minors to view and/or purchase.  By providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.

If you access our Site from within the United States, any dispute relating in any way to your visit to our Site, to these Terms and Conditions, to our advertising practices or to products you purchase through our Site shall be submitted to confidential arbitration in Indianapolis, Indiana, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Indiana, USA and you consent to exclusive jurisdiction and venue in such courts.  Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association.  The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.  To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

By using our Site, you represent that you have the authority to do so and that any purchases of any works, products or services through our Site are authorized and binding on you, if acting individually, or on the entity you represent if you are acting on behalf of an entity.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ITS CONTENTS, AND ANY SITE TO WHICH IT IS LINKED, ARE PROVIDED “AS IS” AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.  FURTHER, THE COMPANY DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE AVAILABLE ON AN UNINTERRUPTED BASIS OR WILL BE VIRUS-FREE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, COMPLETENESS, RELEVANCE, TIMELINESS OR OTHERWISE.

In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit or due to business interruption or incidental, special or consequential damages) arising out of the use or inability to use the materials on our Site, even if we have been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials or Content on our Site are accurate, complete, or current. We may make changes to the materials contained on our Site at any time without notice. However, the Company does not make any commitment to update the materials.

We may revise these Terms and Conditions and other Content at any time without notice. By using our Site, you are agreeing to be bound by the then current version of these Terms and Conditions.  As such, you should check these Terms and Conditions periodically.  At the bottom of this page, we will notify you of the date these Terms and Conditions were last updated.

By using our Site, you agree to these Terms and Conditions and to our Privacy Policy. These are our entire and exclusive Terms and Conditions and they supersede any earlier version.

Use of our Site is subject to the laws of the State of Indiana, USA, which is the State in which our principal offices are based.  Our Terms and Conditions are intended to comply with all applicable laws of the State of Indiana and the laws of the United States.  Your use of our Site, even if you are outside of the United States, gives your consent to these laws applying.  Any claim relating to our Site shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. The courts of the State of Indiana shall have exclusive jurisdiction over any disputes (other than those subject to arbitration as provided above), and you consent to the venue of such courts.

 

These Terms and Conditions were updated on October 4, 2015.