Terms of Service

Last edited by Morichinatsu, 10 September 2016 08:57:47 AM
By accessing Art Fight’s website service, you are agreeing to these Terms of Service. If you do not agree, you are prohibited from using or accessing the site.

  1. REGISTRATION & USER ACCOUNTS

    1. You must be 13 years of age or older to register for and use Art Fight.

    2. Only one account is allowed per person.

    3. You are solely responsible for your account and the activity that occurs from your account. Art Fight reserves the right to remove any User Content at its discretion and without warning.

    4. You agree to provide and maintain complete and accurate information with your account.

    5. You are prohibited from using another user’s account and from impersonating another person.

    6. Art Fight is not responsible for any liabilities, losses, or damages caused out of the unauthorized use of any user’s account name, password, and/or account.

    7. Art fight staff reserve the right to terminate a user’s account without prior notice.



  2. PROHIBITED CONTENT
    Users are not permitted to submit, display or link to any of the following prohibited content:

    1. Sexually explicit content, including depictions of illegal sexual acts.

    2. Illegal content.

    3. Content that may violate, harm, or threaten the safety or personal rights of anyone.



  3. USER RESTRICTIONS
    As a user on Art Fight, your membership is conditioned upon the following Courtesy Rules and Restrictions.
    You will not:

    1. harass and/or disrespect staff or other users. This includes posting any materials that are abusive, threatening, obscene, malicious, false, inaccurate, or racially, sexually, religiously, or otherwise objectionable and offensive. This also includes begging for any user’s attention or participation.

    2. submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc. that you are not the owner of or do not have the appropriate permission from the rightful owner to submit.


      1. Copyrighted content includes, but is not limited to, directly posting and using an image that was not created by you; this also includes tracing, referencing, or using components of another's work in your own piece.

      2. If you have permission to post someone else’s work, links back to the original artist must be given even if only free line art or a base was used. All Attacks must be your own original artwork, however.


    3. spam anywhere on the site. This refers to materials that are obnoxious, irelevent, or considered advertising as well as posting nonsense and repeating something that you or another person has posted in a short span of time.

    4. interfere or attempt to interfere with the proper functioning of Art Fight.

    5. publish or link to malicious content intended to damage or disrupt another’s browser or computer.

    6. advertise art sales.



  4. USER SUBMITTED CONTENT

    1. Art Fight staff have the right to determine whether any User Content is inappropriate and does not comply with these Terms of Service, and remove any and/or all of a user’s submissions.

    2. Any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of Art Fight is solely your responsibility. Art Fight is not responsible for any public display or misuse of your User Content. Art Fight does not, and cannot, pre-screen or monitor all User Content. However, we, or technology we employ, may monitor and/or record your interactions with our service.



  5. ONLINE CONTENT DISCLAIMER

    1. Any materials made available through Art Fight, but not directly by Art Fight, are the sole responsibility of their respective authors, and should not be relied upon. Art Fight does not guarantee the accuracy, completeness, or usefulness of any information on the Service and Art Fight neither adopts, endorses, nor takes responsibility for the accuracy or reliability of any opinion, advice, or statement that is made. Art Fight takes no responsibility and assumes no liability for any User Content that anyone posts or sends over the Service. Under no circumstances will Art Fight be responsible for any loss or damage resulting from anyone's reliance on information or other content posted on the Service, or transmitted to users.

    2. Although Art Fight strives to enforce these Terms of Service and Use, you may be exposed to User Content that is inaccurate or objectionable. Art Fight reserves the right, but has no obligation, to monitor the materials posted in public areas of the service or to limit or deny a user's access to Art Fight or take other action if a user violates these Terms of Service.


      1. Private messages or other materials that are not readily accessible to the general public will be treated by us as private to the extent required by applicable law.

      2. Art Fight has the right to remove any such material that in its sole opinion violates this agreement. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us.





  6. LINKS TO OTHER SITES AND/OR MATERIALS
    Art Fight has no control over Third Party Sites and Applications, Software, or Content posted on, available through or installed from the Site. Linking to any Third Party Site or Applications, Software, or Content does not imply approval or endorsement by Art Fight. Our terms and policies no longer apply once you leave artfight.net.



  7. COPYRIGHT COMPLAINTS

    1. Termination of Repeat Infringer Accounts. Art Fight respects the intellectual property rights of others and requests that the users do the same. Art Fight may terminate access for users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.

    2. DMCA Take-Down Notices. In the event that a copyright owner or agent thereof believes that any materials provided on Art Fight infringe upon their copyrights, the copyright holder or agent may submit a DMCA takedown letter to [email protected]

    3. Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Content, you may submit a counter-notice.
      If a counter-notice is received by Art Fight staff, Art Fight may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be reinstated on the Art Fight website in 10 to 14 business days or more after the receipt of the counter-notice.




  8. LICENCE GRANT
    By posting any User Content via Art Fight, you are expressly grant, and you represent and warrant that you have a right to grant, to Art Fight a royalty-free sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media, technology, whether now known or hereafter developed, for use in connection with Art Fight.


  9. INTELLECTUAL PROPERTY
    We retain ownership of all intellectual property rights of any kind related to Art Fight, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on Art Fight may be trademarks of their respective owners. We reserve all intellectual property rights that are not expressly granted to you under this Agreement.


  10. USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

    1. For contractual purposes, you


      1. 10.1.1 consent to receive communications from Art Fight staff and Company in an electronic form via the email address you have submitted and/or through artfight.net itself; and
        agree 10.1.2 all communications that Art Fight provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

    2. We may also use your email address to send you optional messages including information about Art Fight, special offers, and announcements. You may opt out of such email by changing your account settings or contacting us.



  11. WARRANTY DISCLAIMER
    ART FIGHT IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED, IMPLIED OR STATUTORY, REGARDING ART FIGHT INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM ART FIGHT.


  12. LIMITATION OF DAMAGES; RELEASE

    1. IN NO EVENT SHALL ART FIGHT, ITS AFFILIATES, DIRECTORS, OR STAFF, OR ITS LICENSORS OR PARTNERS BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA OR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM


      1. THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT;

      2. YOUR USE OR INABILITY TO USE ART FIGHT

      3. ART FIGHT GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR

      4. ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF ART FIGHT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ART FIGHT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.


    2. If you have a dispute with one or more users, restaurant or merchant of a product or service that you review using Art Fight, you release us (and our staff and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §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."



  13. MODIFICATION OF THE TERMS OF SERVICE
    We can amend these Terms of Service and Use at any time and will update these Terms of Service and Use in the event of any such amendments. If you continue to use ArtFight.net, you signify your agreement to our revision to these Terms of Service. However, we will notify you of material changes to the terms by posting a notice on our homepage. Any changes to these Terms (other than as set forth in this paragraph) or waiver of Art Fight's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Art Fight. No purported waiver or modification of this Agreement by the Company via telephone or email communications shall be valid.


  14. GENERAL TERMS

    1. These terms are valid to the extent permitted by applicable law. Some disclaimers of liability and warranty are limited or not permitted in some jurisdictions and may not apply to you.

    2. If any part of this Agreement is found invalid or unenforceable by a court of law, that portion of the Agreement will be separated and remaining portions of the Agreement will remain enforceable. Any failure on the part of Art Fight to enforce any portion of this Agreement will not be considered a waiver of our right to enforce any provision. Our rights under this Agreement will survive any termination of this Agreement.

    3. You agree that any cause of action related to or arising out of your relationship with Art Fight must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

    4. These Terms of Service and your use of the Site are governed by the federal laws of the United States of America and the laws of the state of Montana without regard to conflict of law provisions.

    5. Art Fight may assign or delegate these Terms of Service and/or Art Fight's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Art Fight’s prior written consent, and any unauthorized assignment and delegation by you is void.



  15. YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THE TERMS OF SERVICE, AND WILL BE BOUND BY THESE TERMS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.