Refund Policy, Privacy Policy and Terms of Use
Below you will find the obigatory All Art Licensing Refund Policy, Privacy Policy and Terms of Use for this web site effective as of October 15, 2009. We wish we didn't have to post it all, but since not everyone behaves appropriately, it's necessary these days. - J'net
Refund Policy
Refunds are not provided for services and products that have been already been provided or for classes that may be postponed or cancelled due to inclement weather or circumstances beyond our control. Refunds for online classes are provided in the unlikely event that the class is cancelled by the instructor or if both our technology systems (phone access/internet phone and screen sharing technology) fail to operate. If you have questions, please contact us at 206.719.1905.
Privacy Policy
Allartlicensing.com's Privacy Policy is designed to help you understand how we collect and use the personal information you decide to share, and help you make informed decisions when using Allartlicensing.com, located at www.Allartlicensing.com and its directly associated domains (collectively "Website")
By using or accessing Allartlicensing.com, you are accepting the practices described in this Privacy Policy.
Collection
You can browse our site without telling us who you are or revealing any personal information about yourself. Once you give us your personal information, you are no longer anonymous to us. If you choose to provide us with personal information, you consent to the transfer and storage of that information on our servers located in the United States.
We may collect and store personal information including, but not limited to:
email address and physical contact information;transactional information based on your activities on the site;information you provide to post or claim a good or service item;community discussions, chats, blogs, dispute resolution, correspondence through our site, and correspondence sent to us;other information from your interaction with our site, services, content and advertising, including computer and connection information, statistics on page views, traffic to and from the site, ad data, IP address and standard web log information;additional information we ask you to submit to authenticate yourself or if we believe you are violating site policies;information from other companies, such as demographic and navigation data.
Use
Our primary purpose in collecting personal information is to provide you with a safe, smooth, efficient, and customized experience. You agree that we may use your personal information to:
provide the services and customer support you request;resolve disputes and troubleshoot problems;prevent potentially prohibited or illegal activities, and enforce our Terms of Use ("TOU"); customize, measure and improve our services, products, content and advertising;compare information for accuracy, and verify it with third parties.
Account Protection
If you have an account, our password is the key to your account. Use unique numbers, letters and special characters, and do not disclose your Allartlicensing.com password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify Allartlicensing.com and change your password.
Security
Your information is stored on our servers located in the United States. We treat data as an asset that must be protected and use tools such as encryption and passwords to protect your personal information against unauthorized access and disclosure. However, we cannot absolutely guarantee that third parties will not unlawfully intercept or access transmissions or private communications, and that other users will not abuse or misuse your personal information that they collect from the site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private. We do not collect, nor store, nor even have access to your financial information. Our payment processing agent for financial transactions initiated through Allartlicensing.com is Swipe.
Our Disclosure of Your Information
We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations.
We may also share your personal information with:
Service providers under contract who help with our business operations.Other third parties to whom you explicitly ask us to send your information (or about whom you are otherwise explicitly notified and consent to when using a specific service).Law enforcement or other governmental officials, in response to a verified request relating to a criminal investigation or alleged illegal activity.Other business entities, should we plan to merge with or be acquired by that business entity. Should such a combination occur, we will require that the new combined entity follow this Privacy Policy with respect to your personal information. If your personal information will be used contrary to this Privacy Policy, you will receive prior notice.
Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from those who violate this site's Terms of Use, we will not otherwise disclose your personal information to law enforcement, other government officials, or other third parties without a subpoena, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity.
Using Information from Allartlicensing.com
Allartlicensing.com enables you to select what personal information to share on Allartlicensing.com. We encourage you to review the privacy settings options offered by Allartlicensing.com. Through these privacy settings, you are able to control the personal information disclosed to other Allartlicensing.com users. However, Allartlicensing.com cannot guarantee the privacy or security of your information disclosed through interactions with other users on Allartlicensing.com; and therefore, we encourage you to evaluate the privacy and security policies of users with whom you are interacting before entering into a transaction or choosing to share your information.
You may only use personal information you obtain through Allartlicensing.com for:
Allartlicensing.com transaction-related purposes that are not unsolicited commercial messages;using services offered through Allartlicensing.com; orother purposes if you have received explicit permission to do so.
Cookies
Cookies are small files that a site or its service provider transfers to your computer's hard drive through your Web browser that enables the site's or service provider's systems to recognize your browser.
Like many websites, we use "cookies" to help us understand your preferences based on site activity, which enables us to provide you with improved services. We may also use cookies to help us compile aggregate data about site traffic so that we can offer better site experiences in the future.
We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are NOT permitted to use the information collected except to help us conduct and improve our business.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. However, if you choose to turn off cookies, our site and some of its features may not function properly.
Links
Allartlicensing.com may contain links to other websites. We are not responsible for the privacy practices of other web sites. We encourage our users to be aware when they leave our site to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by Allartlicensing.com.
Third Party Advertising
Any advertisements that may appear on Allartlicensing.com are sometimes delivered (or "served") directly to users by third party advertisers. They automatically receive your IP address when this happens. These third party advertisers may also download cookies to your computer, or use other technologies such as JavaScript and "web beacons" (also known as "1x1 gifs") to measure the effectiveness of their ads and to personalize advertising content. Doing this allows the advertising network to recognize your computer each time they send you an advertisement in order to measure the effectiveness of their ads and to personalize advertising content. In this way, they may compile information about where individuals using your computer or browser saw their advertisements and determine which advertisements are clicked. Allartlicensing.com does not have access to or control of the cookies that may be placed by the third party advertisers. Third party advertisers have no access to your personal information stored on Allartlicensing.com unless you choose to share it with them.
This Privacy Policy covers the use of cookies by Allartlicensing.com and does not cover the use of cookies or other tracking technologies by any of its advertisers.
Terms of Use, Notices and Revisions
Your use of Allartlicensing.com, and any disputes arising from it, is subject to this Privacy Policy as well as our TOU and all of its dispute resolution provisions including arbitration, limitation on damages and choice of law. We reserve the right to change our Privacy Policy and our TOU at any time. Changes and clarifications will take effect immediately. We encourage you to refer to this Privacy Policy on an ongoing basis so that you understand our current Privacy Policy and privacy practices. Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account.
Removal or modification of personal information.
To modify your e-mail subscriptions, please let us know by modifying your preferences in the "My Account" section. Please note that due to email production schedules you may receive any emails already in production.
To delete all of your online account information from our database, sign into the "My Account" section of our site and remove your shipping addresses, billing addresses & payment information. Please note that we may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Contacting Allartlicensing.com
If you have any questions about this Privacy Policy, please contact us atjnet@allartlicensing.com
TERMS OF USE
1. ACCEPTANCE OF TERMS
J'net Smith Inc. through Allartlicensing.com (referred to collectively as Allartlicensing.com) provides a collection of online resources, including services and products for sale, informational articles and ,outside resources or referrals (referred to collectively as "the Service" or "the Websites") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Allartlicensing.com services, you agree to abide by any applicable posted guidelines for all Allartlicensing.com services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Allartlicensing.com in any way, your only recourse is to immediately discontinue use of Allartlicensing.com. Allartlicensing.com has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution.
2. MODIFICATIONS TO THIS TOU
Allartlicensing.com reserves the right, at its sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this TOU on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: www.allartlicensing.com/policies
3. ACCOUNT
An account ("Account") may be required for users of the Service, except for those portions of the Websites to which Allartlicensing.com allows access without registration. Should you establish an account, you agree to provide accurate and complete information about yourself and promptly update your information upon any changes. Allartlicensing.com reserves all rights to pursue legal action against all persons who misrepresent personal information or are otherwise untruthful about their identity, and to suspend or cancel Accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Allartlicensing.com cannot guarantee the accuracy of any information submitted by any user of the Service, nor any identity information about any user.
4. USER NAME
Upon establishing an account, you must select a user name which will be used to identify you within the Service ("User Name"). You are fully responsible for all activities conducted through your Account or under your User Name. Also upon registration, you must select a password. You are responsible for maintaining the confidentiality of your password and are responsible for any harm resulting from your disclosure, or authorizing the disclosure of, your password or from use by any person of your password to gain access to your Account or User Name. Your disclosure of your password to any other person is entirely at your own risk.
5. DATA
Any data, account history and account names residing on Allartlicensing.com's servers may be deleted, altered, moved, or transferred at any time for any reason in Allartlicensing.com's sole discretion.
You acknowledge that, notwithstanding any copyright or other rights you may have with respect to items you create using the Service, and notwithstanding any value attributed to such content or other date by you or any third party, Allartlicensing.com does not provide or guarantee, and expressly disclaims (subject to underlying intellectual property rights in the content,) any value, cash or otherwise, attributed to any data residing on Allartlicensing.com's servers.
You understand and agree that Allartlicensing.com has the right, but not the obligation, to remove any content (including your content,) in whole or in part at any time for any reason or no reason, with or without notice and with no liability of any kind.
6. CANCELLATION
If you have established an account, may cancel your account at any time.
7. CONTENT
You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available via the Service. You understand that Allartlicensing.com does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that may be offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Allartlicensing.com site and Content available through the Service may contain links to other websites, which are completely independent of Allartlicensing.com. Allartlicensing.com makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other webites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will Allartlicensing.com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Allartlicensing.com does not pre-screen or approve Content, but that Allartlicensing.com shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
8. MINIMUM AGE
You must be at least 16 years of age to participate in the Service. Allartlicensing.com cannot ensure that other users will not provide Content or access to Content that parents or guardians may find inappropriate or that any user may find objectionable.
9. ACCOUNT DATA
You agree that if you have established an account, you do not own the account you use to access the Service, nor do you own any data Allartlicensing.com stores on Allartlicensing.com's servers (including without limitation any data representing or embodying any or all of your Content). Your intellectual property rights do not confer any rights of access to the Service or any rights to data stored by or on behalf of Allartlicensing.com.
10. THIRD PARTY CONTENT, SITES, AND SERVICES
The Allartlicensing.com site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Allartlicensing.com, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that Allartlicensing.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Allartlicensing.com is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Allartlicensing.com, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
11. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Allartlicensing.com's agent for notice of claims of copyright or other intellectual property infringement ("Agent") at: jnet@allartlicensing.com or:
Copyright Agent
J'net Smith, Inc.
2310 NW 192nd Place
Shoreline, WA 98177
Please provide the Agent with the following Notice:
Identify the material on the Allartlicensing.com site that you claim is infringing, with enough detail so that it may be located on the website;A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;Your address, telephone number, and email address; andYour physical or electronic signature.Allartlicensing.com will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA). http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=105_cong_public_laws&docid=f:publ304.105.pdf
12. PRIVACY AND INFORMATION DISCLOSURE
Allartlicensing.com has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: www.allartlicensing.com/policies
Your use of the Allartlicensing.com website or the Service signifies acknowledgement of and agreement to the Privacy Policy. You further acknowledge and agree that Allartlicensing.com may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of Allartlicensing.com, its users or the general public.
13. CONDUCT
You agree not to post, email, or otherwise make available Content:
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;that is sexually explicit or pornographic;that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;that impersonates any person or entity, including, but not limited to, a Allartlicensing.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);that includes personal or identifying information about another person without that person's explicit consent;that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch";that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement;that constitutes or contains any form of advertising or solicitation if posted in areas of the Allartlicensing.com sites which are not designated for such purposes; or emailed to Allartlicensing.com users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;that includes links to commercial services or web sites, except as specifically allowed within the site;that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service;that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service;
Additionally, you agree not to:
contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;"stalk" or otherwise harass anyone;collect personal data about other users for commercial or unlawful purposes;use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service unless expressly permitted in writing by Allartlicensing.com;post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;attempt to gain unauthorized access to Allartlicensing.com's computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Allartlicensing.com website;use any form of automated device or computer program that enables the submission of postings on Allartlicensing.com without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals;use any form of automated device or computer program ("flagging tool") that enables the use of Allartlicensing.com's "flagging system" or other community moderation systems without each flag being manually entered by the person that initiates the flag (an "automated flagging device"), or use the flagging tool to remove posts of competitors, or to remove posts without a good faith belief that the post being flagged violates these TOU; or permit the use of the Service by unauthorized users.
14. POSTING AGENTS
This section will survive the termination of this Agreement. A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on Allartlicensing.com's resources, you may not use a Posting Agent to post Content to the Service without express permission or license from Allartlicensing.com. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from Allartlicensing.com.
15. NO SPAM POLICY
This section will survive the termination of this Agreement. Sending unsolicited email advertisements to Allartlicensing.com email addresses or through Allartlicensing.com computer systems is expressly prohibited by this TOU and constitutes a violation of this TOU. As Allartlicensing.com's servers are located in Washington State, sending unsolicited email advertisements to Allartlicensing.com email addresses or through Allartlicensing.com computer systems is a violation of the Revised Code of Washington Chapter 19.190, as well as a violation of other federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.) Such violations may subject the sender and his or her agents to civil and criminal penalties.
16. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU.
17. LIMITATIONS ON SERVICE
You acknowledge that Allartlicensing.com may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Allartlicensing.com has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Allartlicensing.com reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Allartlicensing.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
18. ACCESS TO THE SERVICE
Allartlicensing.com grants you a limited, revocable, nonexclusive license to access the Service for your own personal use while you are in full compliance with the TOU. This license does not include: (a) access to the Service by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Allartlicensing.com.
Use of the Service beyond the scope of authorized access granted to you by Allartlicensing.com immediately terminates said license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from Allartlicensing.com.
19. TERMINATION OF SERVICE
You agree that Allartlicensing.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Allartlicensing.com believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Allartlicensing.com shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.
20. PROPRIETARY RIGHTS
This section will survive the termination of this Agreement. You are not permitted to use any marks which are proprietary to Allartlicensing.com, its clients, or its advertisers, including, but not limited to, the marks All Art Licensing, allartlicensing.com", J'net Smith, and "jnetsmith.com", except as explicitly authorized by Allartlicensing.com.
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Allartlicensing.com. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Allartlicensing.com, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service.
21. Although Allartlicensing.com does not claim ownership of content that its Users post, if you post Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Allartlicensing.comAllartlicensing.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Allartlicensing.comAllartlicensing.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose. DISCLAIMER OF WARRANTIES
This section will survive the termination of this Agreement. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." ALLARTLICENSING.COMALLARTLICENSING.COM MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER THAT THE INFORMATION PROVIDED THROUGH THE SERVICE, OR OTHER CONTENT OR WEBSITES THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SERVICE, WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OF DELAY IN OPERATION. YOUR USE OF THE ALLARTLICENSING.COMALLARTLICENSING.COM SITE AND CONTENT IS AT YOUR OWN RISK. ALLARTLICENSING.COMALLARTLICENSING.COM DOES NOT GUARANTEE THAT THE FUNCTIONS OF THIS SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THIS SITE AND SERVER WILL BE ABSOLUTELY VIRUS-FREE. YOUR USE OF THIS SITE INVOLVES TRANSMISSION OF DATA OVER FACILITIES WHICH ARE NOT WITHIN THE CONTROL OF ALLARTLICENSING.COM, ITS CONTENT PROVIDERS AND ADVERTISERS. THEREFORE, ALLARTLICENSING.COM ASSUMES NO LIABILITY FOR DELAY, CORRUPTION OF DATA, INTERRUPTION OF SERVICE, OR INTERCEPTION OF DATA TRANSMISSIONS OUTSIDE OF ITS DIRECT CONTROL. ALLARTLICENSING.COM DISCLAIMS ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALLARTLICENSING.COM DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS OR OMISSIONS IN THE SERVICE, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICE, (V) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS OR COMPLETENESS OF DATA, AND (VI) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ALLARTLICENSING.COM OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SERVICE OR PRODUCTS WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. ALLARTLICENSING.COM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO: (1) THE ACCURACY, COMPLETENESS, RELIABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, TEXTUAL MATERIAL, GRAPHICS, LINKS, OR DATA TRANSMISSION CAPABILITIES PROVIDED BY ALLARTLICENSING.COM SITE; AND (2) COMPLIANCE WITH OR SATISFACTION OF ANY GOVERNMENTAL REGULATIONS REQUIRING DISCLOSURE OF INFORMATION CONCERNING PRODUCTS OR SERVICES OFFERED BY CONTENT PROVIDERS OR PRODUCT SUPPLIERS OR ON THE ALLARTLICENSING.COM WEBSITE.
ALTHOUGH THE EDITORS AND CONTENT PROVIDERS OF THIS SITE HAVE CONSULTED SOURCES BELIEVED TO BE RELIABLE AND ACCURATE IN ASSEMBLING THE CONTENT OF THIS SITE, INFORMATION PROVIDED MAY NOT BE ERROR-FREE. LISTINGS OF SUPPLIERS, PROFESSIONAL ASSOCIATIONS, ORGANIZATIONS, NEWS, EVENTS AND OTHER MATERIAL ARE INTENDED TO BE COMPREHENSIVE BUT NOT NECESSARILY ALL-INCLUSIVE OF INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.
22. LIMITATIONS OF LIABILITY
This section will survive the termination of this Agreement. UNDER NO CIRCUMSTANCES SHALL ALLARTLICENSING.COM, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, CONTENT PROVIDERS, BUSINESS ASSOCIATES, OR ANY THIRD PARTIES AFFILIATED WITH THE ALLARTLICENSING.COM WEBSITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, PERSONAL INJURY OR DEATH, LOST PROFITS OR DAMAGES FROM DATA LOSS OR BUSINESS INTERRUPTION, (EVEN IF ALLARTLICENSING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE ALLARTLICENSING.COM SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE ALLARTLICENSING.COM SITE OR THE SERVICE, FROM INABILITY TO USE THE ALLARTLICENSING.COM SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE ALLARTLICENSING.COM SITE OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ALLARTLICENSING.COM SITE OR THE SERVICE OR ANY LINKS ON THE ALLARTLICENSING.COM SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE ALLARTLICENSING.COM SITE OR THE SERVICE OR ANY LINKS ON THE ALLARTLICENSING.COM SITE. ALLARTLICENSING.COM SHALL ONLY BE LIABLE FOR ACTUAL DAMAGES SUFFERED BY YOU, AND ONLY TO THE MAXIMUM AMOUNT OF $500 (U.S. CURRENCY). ALLARTLICENSING.COM ASSUMES NO LIABILITY FOR YOUR USE OR MISUSE OF THE WEBSITE, THE SERVICE OR ANY ASPECT THEREOF, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR PERSONAL INJURY OR DEATH. THE REMEDIES SET FORTH IN THESE TERMS OF USE ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY SET FORTH. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
IN SOME JURISDICTIONS, LIMITATIONS OF LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
23. INDEMNITY
You agree to indemnify, defend, and hold harmless Allartlicensing.com, its officers, directors, employees, agents, licensors, principals, consultants, information-providers, subsidiaries, affiliates, co-branders or other partners and suppliers from and against all liabilities, claims, actions, demands, losses, expenses, damages and costs, including reasonable attorneys' fees and accounting fees, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site.
24. GOVERNING LAW AND VENUE
This section will survive the termination of this Agreement. This TOU and the relationship between you and Allartlicensing.com shall be governed in all respects by the laws of the State of Washington without regard to conflict of law principles and venue shall be in King County, Washington. Notwithstanding this, you agree that Allartlicensing.com shall still be allowed to apply for injunctive or other equitable relief in any court of competent jurisdiction.
25. ARBITRATION
You agree to submit any disputes, controversies or claims arising out of this TOU or your use of the Service to binding arbitration. The party requesting arbitration shall initiate it through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (i) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (ii) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The prevailing party shall be entitled to costs, expenses and reasonable attorneys' fees, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
26. WAIVER
Allartlicensing.com's failure to act with respect to a breach by you or others does not waive Allartlicensing.com's right to act with respect to that breach or subsequent or similar breaches. No consent or waiver by Allartlicensing.com under this TOU shall be deemed effective unless delivered in a writing signed by a duly appointed officer of Allartlicensing.com.
27. ASSIGNMENT
All or any of Allartlicensing.com's rights and obligations under this TOU may be assigned to a subsequent owner or operator of the Service in a merger, acquisition or sale of all or substantially all of Allartlicensing.com's assets. You may not assign or transfer this TOU or any or all of your rights hereunder without the prior written consent of Allartlicensing.com, and any attempt to do so is void.
28. NO BREACH
Notwithstanding anything else in this TOU, no default, delay or failure to perform on the part of Allartlicensing.com shall be considered a breach of this TOU if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of Allartlicensing.com.
29. ENTIRE UNDERSTANDING
This TOU sets forth the entire understanding and agreement between you and Allartlicensing.com with respect to the subject matter hereof.
30. HEADINGS
The section headings used herein, including descriptive summary sentences at the start of each section, are for convenience only and shall not affect the interpretation of this TOU.
31. SEVERABILITY
If any provision of this TOU shall be held by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then in such jurisdiction that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
32. NOTICES
Allartlicensing.com may give notice to you by written communication sent by first class mail, postage prepaid, or overnight courier to the physical address you have provided to us, or via email to the email address you have provided. All notices given by you or required under this TOU shall be mailed or emailed to: jnet@allartlicensing.com or J'net Smith Inc. 2310 NW 192nd Place, Shoreline, WA 98177.
33. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: jnet@allartlicensing.com
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Allartlicensing.com to pursue legal action to enforce these Terms, you will be liable to pay Allartlicensing.com the following amounts as liquidated damages, which you accept as reasonable estimates of Allartlicensing.com's damages for the specified breaches of these Terms:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person's explicit consent, you agree to pay Allartlicensing.com one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.
b. If Allartlicensing.com establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Allartlicensing.com one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access Allartlicensing.com in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Allartlicensing.com email addresses or through Allartlicensing.com computer systems, you agree to pay Allartlicensing.com twenty five dollars ($25) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay Allartlicensing.com one hundred dollars ($100) for each Item of Content posted.
e. If you are a Posting Agent that uses the Service in violation of the TOU, you agree to pay Allartlicensing.com one hundred dollars ($100) for each and every Item you post in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the "Principal"), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Allartlicensing.com an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without Allartlicensing.com's express written permission, you agree to pay Allartlicensing.com three thousand dollars ($3,000) for each day on which you engage in such conduct.
Otherwise, you agree to pay Allartlicensing.com's actual damages, to the extent such actual damages can be reasonably calculated. In its sole discretion, Allartlicensing.com may elect to issue a warning before assessing damages.
Notwithstanding any other provision of these Terms, Allartlicensing.com retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof.
34. FEEDBACK
We welcome your comments, please address them to jnet@allartlicensing.com, and include WEBFEEDBACK in your subject line.
