Terms Of Service
& Conditions Of Use
The
following describes the Terms of Service Conditions of Use for
our http://ArtsHelpDesk.com website.
PLEASE
READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE.
BY ACCESSING OR USING OUR WEBSITE, YOU AGREE TO BE BOUND BY
THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH
TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE OUR WEBSITE. IF YOU DO NOT UNDERSTAND THESE TERMS AND
CONDITIONS, DO NOT USE OUR WEBSITE. WE MAY MODIFY THIS AGREEMENT
AT ANY TIME WITHOUT INDIVIDUAL, SPECIFIC NOTICE TO YOU, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING
OF THE MODIFIED AGREEMENT ON OUR WEBSITE. YOU AGREE TO REVIEW
THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS
AND YOUR CONTINUED ACCESS OR USE OF OUR WEBSITE AFTER SUCH NOTICE
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT,
INCLUDING ANY AND ALL MODIFICATIONS, ADDITIONS, DELETIONS, OR
OTHER CHANGES.
OUR
WEBSITE AND CONTENT ARE PROVIDED ON AN ‘AS IS’ BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. OUR WEBSITE AND ITS SUPPLIERS, TO
THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES,
INCLUDING (BUT NOT LIMITED TO) THE WARRANTY OF MERCHANTABILITY,
NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF
FITNESS FOR PARTICULAR PURPOSE. OUR WEBSITE AND ITS SUPPLIERS
MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS,
OR TIMELINESS OF THE CONTENT, SERVICES, SOFTWARE TEXT, GRAPHICS,
AND LINKS.
By
using this website, you agree to obey these Terms of Service
and Conditions of Use. Please read them carefully.
Our
ArtsHelpDesk.com website (and other “internal” websites stemming
from it, such as specific membership sites or webpages pertinent
to the main website or weblog) is an online (and, periodically,
offline) information service and is subject to your compliance
with the terms and conditions set forth below (all parts and
parties collectively referred to as our website).
Any
other policies, notices, or other legal/administrative pages
contained in our website are necessarily incorporated into these
Terms of Service and Conditions of Use. This may include, without
limitation, a DMCA Policy, Privacy Policy, Disclaimer, Copyright
Notice, Anti-Spam Policy, and FTC Compliance Policy.
You
agree to obey all applicable laws and regulations regarding
your use of our http://ArtsHelpDesk.com website and the content
and materials provided in it.
Our
website is an independent, stand-alone entity that has no relationship,
connection, or affiliation whatsoever with any company, person,
outfit, organization, or group mentioned herein, even if such
name appears in our website name, domain, URL, or otherwise.
You should assume no other party, by mere mention of their name,
has endorsed anything you see here. The aim is simply to provide
useful resources for our readers, some of which we may be compensated
for. You should simply assume at all times we are being compensated
and, while that may not prompt us to make unsound recommendations,
you should always be responsible for your own financial decisions,
be it investing, purchasing, donating, or otherwise.
1.
Copyright, Licenses and Idea/User Submissions.
The
following describes the Copyright Notice for our website.
The
entire contents of our website are protected by intellectual
property law, including international copyright and trademark
laws. The owner of the copyrights and/or trademarks are our
website, and/or other third party licensors or related entities.
You
do not own rights to any article, book, ebook, document, blog
post, software, application, add-on, plugin, art, graphics,
images, photos, video, webinar, recording or other materials
viewed or listened to through or from our ArtsHelpDesk.com website
or via email or by way of protected content in a membership
site. The posting of data on our website, such as a blog comment,
does not change this fact and does not give you any right in
the data. You surrender any rights to your content once it becomes
part of our website.
YOU
MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT,
OR DISTRIBUTE, IN ANY MANNER, THE CONTENT ON OUR WEBSITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You must retain all copyright
and other proprietary notices contained in the original content
on any copy you make of the content. You may not sell or modify
the content or reproduce, display, publicly perform, distribute,
or otherwise use the content in any way for any public or commercial
purpose. The use of paid content on any other website or in
a networked computer environment for any purpose is prohibited.
If you violate any of the terms or conditions, your permission
to use the content automatically terminates and you must immediately
destroy any copies you have made of the content.
You
are granted a nonexclusive, nontransferable, revocable license
to use our website only for private, personal, noncommercial
reasons. You may print and download portions of material from
the different areas of the website solely for your own non-commercial
use, provided that you agree not to change the content from
its original form. Moreover, you agree not to modify or delete
any copyright or proprietary notices from the materials you
print or download. Also note that any notice on any portion
of our website that forbids printing & downloading trumps all
prior statements and controls.
As
a user, you agree to use the products and services offered by
our website in a manner consistent with all applicable local,
state and federal laws and regulations. No material shall be
stored or transmitted which infringes or violates the rights
of others, which is unlawful, obscene, profane, indecent or
otherwise objectionable, threatening, defamatory, or invasive
of privacy or publicity rights.
Our
http://ArtsHelpDesk.com website prohibits conduct that might
constitute a criminal offense, give rise to civil liability
or otherwise violate any law. Any activity that restricts or
inhibits any other user from using the services of our website
is also prohibited. Unless allowed by a written agreement, you
may not post or transmit advertising or commercial solicitation
on our website.
You
agree to grant to our website a non-exclusive, royalty-free,
worldwide, irrevocable, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials
and other information (including, without limitation, ideas
contained therein for new or improved products and services)
you submit to any public areas of our website (such as bulletin
boards, forums, blog, and newsgroups) or by e-mail to our website
by all means and in any media now known or hereafter developed.
You also grant to our website the right to use your name in
connection with the submitted materials and other information
as well as in connection with all advertising, marketing and
promotional material related thereto. You agree that you shall
have no recourse against our website for any alleged or actual
infringement or misappropriation of any proprietary right in
your communications to our website.
Trademarks
Publications,
products, content or services referenced herein or on our website
are the exclusive trademarks or servicemarks of our ArtsHelpDesk.com
website or related parties. Other product and company names
mentioned in our website may be the trademarks of their respective
owners.
Links
to Our Website
You
may provide links to our website, provided you do not change,
remove, or obscure the copyright notice or other notices on
our website. Your website or other source of links must not
engage in illegal or pornographic activities. Finally, you may
link provided you understand that you must stop linking to our
website immediately upon request by our website.
2.
Use of our website.
You
agree, acknowledge, and accept that we are not trained professionals
and do not purport to render professional or expert advice in
any arena.
Data
contained on or made available through our http://ArtsHelpDesk.com
website is not intended to be, and does not constitute, legal
advice. Our website, and your use of it, does not create an
attorney-client relationship. We do not warrant or guarantee
the accuracy, adequacy, or recency of the data contained in
or linked to our website.
Data
contained on or made available through our website is not intended
to be, and does not constitute, medical or health advice. Our
website, and your use of it, does not create a physician-patient
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to our website.
Data
contained on or made available through our website is not intended
to be, and does not constitute, financial/investing advice.
Our website, and your use of it, does not create an advisor-client
relationship. We do not warrant or guarantee the accuracy, adequacy,
or recency of the data contained in or linked to our website.
Your
use of our ArtsHelpDesk.com website or materials linked to our
website is completely at your own risk. You should not act or
depend on any data on our website, where applicable, without
seeking the counsel of a competent lawyer licensed to practice
in your jurisdiction for your particular legal issues. You should
not act or depend on any data on our website, where applicable,
without seeking the counsel of a competent physician licensed
to practice in your jurisdiction for your particular medical
issues. You should not act or depend on any data on our website,
where applicable, without seeking the counsel of a competent
financial advisor licensed to practice in your jurisdiction
for your particular financial needs and issues.
We
may make changes to the features, functionality or content of
our website at any time. We reserve the right in our sole discretion
to edit or delete any data appearing on our website.
Your
Duty To Other Users
Your
use of our website is for your own personal, non-commercial
benefit. In no way are you to leverage our website in a way
that mines for the personal information of other, whether in
blog comments or otherwise, for your own use or for the benefit
of others. This includes, but is not limited to, spam (unsolicited
commercial email).
If
you inadvertently obtain personal information about other users,
you shall not share this with anyone else.
Restricted
access
Access
to certain areas of our http://ArtsHelpDesk.com website is restricted.
We reserve the right to restrict access to other areas of our
website, or indeed our whole website, at our discretion.
If
we provide you with a user ID (username) and password to enable
you to access restricted areas of our website or other content
or services, you must ensure that that user ID and password
is kept confidential. You may not share your user ID and/or
password with anyone for any reason, either directly or indirectly.
You accept responsibility for all activities that occur under
your user ID or password.
We
may disable your user ID and password at our sole discretion
or if you breach any of the policies or terms governing your
use of our ArtsHelpDesk.com website or any other contractual
obligation you owe to us.
Third-Party
Products/Services
You
understand that, except for information, products or services
clearly identified as being supplied by our website, our website
does not operate, control or endorse any information, products
or services on the Internet in any way. Except for information
identified by our website as such, all information, products
and services offered through our website or on the Internet
generally are offered by third parties that are not affiliated
with our website, and we may be compensated.
Viruses,
etc.
You
also understand that our ArtsHelpDesk.com website cannot and
does not guarantee or warrant that files available for downloading
through our website will be free of infection or viruses, worms,
Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient
procedures and checkpoints to satisfy your particular requirements
for accuracy of data input and output, and for maintaining a
means external to our website for the reconstruction of any
lost data.
Assumption
of Risk
YOU
ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF OUR WEBSITE
AND THE INTERNET. OUR WEBSITE PROVIDES OUR WEBSITE AND RELATED
INFORMATION “AS IS” AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR
THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE PRODUCT OR SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND OUR WEBSITE SHALL NOT BE LIABLE FOR
ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE
THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. OUR WEBSITE DOES NOT
WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU
UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR
RISK. OUR WEBSITE HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY
WHATSOEVER FOR SUCH MATERIALS YOU MIGHT SOMEHOW ACCESS.
Limitation
of Liability
The
content may contain inaccuracies or typographical errors. Our
http://ArtsHelpDesk.com website makes no representations about
the accuracy, reliability, completeness, or timeliness of the
content or about the results to be obtained from using our website
or the content on it. Use of our website and the content is
at your own risk. Changes are periodically made to our website,
and may be made at any time.
OUR
WEBSITE DOES NOT WARRANT THAT OUR WEBSITE WILL OPERATE ERROR-FREE
OR THAT OUR WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES
AND OTHER HARMFUL GOODS OR CONDITIONS. IF YOUR USE OF OUR WEBSITE
OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING
EQUIPMENT OR DATA, OUR WEBSITE IS NOT RESPONSIBLE FOR THOSE
COSTS.
Express
Disclaimer of Consequential Damages
IN
NO EVENT WILL OUR WEBSITE, ITS SUPPLIERS, OR ANY THIRD PARTIES
MENTIONED AT OUR WEBSITE BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR OTHER DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS
OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF OUR WEBSITE OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE.
BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IN SUCH STATES, LIABILITY IS LIMITED TO
THE GREATEST EXTENT PERMITTED BY LAW, RESULTING IN THE SMALLEST
DOLLAR AMOUNT PERMITTED FOR THE AGGREGATE LIABILITY FOR BOTH
OUR WEBSITE AND AFFILIATED PARTIES FOR A CLAIM DERIVING FROM
OR RELATED TO OUR WEBSITE. THIS IS IN PLACE OF ANY AND ALL OTHER
REMEDIES OTHERWISE AVAILABLE.
Links
to Other Websites
Our
website contains links to third party Websites. Our ArtsHelpDesk.com
website makes no representations whatsoever about any other
website which you may access through this one or which may link
to this website. When you access a website from our website,
please understand that it is independent from our website, and
that our website has no control over the content on that website.
These links are provided solely as a convenience to you and
not as an endorsement by our website of the contents on such
third-party Websites. Our website is not responsible for the
content of linked third-party Websites and does not make any
representations regarding the content or accuracy of material
on such third party Websites. If you decide to access linked
third-party Websites, you do so at your own risk. We do not
necessarily endorse, recommend, suggest or otherwise make any
overture or prompt for action regarding any product or service
offered. You should assume we are compensated for any purchases
you make. Again, any income claims should be construed as atypical
results and you assume the risk that inferior results obtain,
including losses, for which we carry no responsibility or liability.
User
Submissions
As
a user of our http://ArtsHelpDesk.com website, you are responsible
for your own communications and are responsible for the consequences
of their posting. You must not do the following things: post
material that is copyrighted, unless you are the copyright owner
or have the permission of the copyright owner to post it; post
material that reveals trade secrets, unless you own them or
have the permission of the owner; post material that infringes
on any other intellectual property rights of others or on the
privacy or publicity rights of others; post material that is
obscene, profane, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user of our website or any
other person or entity; post a sexually-explicit image; post
advertisements or solicitations of business; post chain letters
or pyramid schemes; or impersonate another person.
Our
website does not represent or guarantee the truthfulness, accuracy,
or reliability of any communications posted by other users of
our website or endorse any opinions expressed by users of our
website. You acknowledge that any reliance on material posted
by other users of our website will be at your own risk.
Our
ArtsHelpDesk.com website does not necessarily screen communications
in advance and is not responsible for screening or monitoring
material posted by users of our website. If observed by our
website and/or notified by a user of communications which allegedly
do not conform to this agreement, our website may investigate
the allegation and determine in good faith and its sole discretion
whether to remove or request the removal of the communication.
Our website has no liability or responsibility to users of our
website for performance or nonperformance of such activities.
Our website reserves the right to expel users of our website
and prevent their further access to our website for violating
this agreement or any law or regulation, and also reserves the
right to remove communications which are abusive, illegal, or
disruptive.
Social
Media Warning (Divulgence of Personal & Private Information)
Social
media has provided a platform for internet users to disclose
much personal information about themselves, in a way that seems
innocuous, if not proper and expected. However, more than a
few folks have already lived to regret personal information
that was shared either by them or others. This has long been
true of simple email. It is exponentially true of social websites
and applications for social media on any other website, including
this one. You are cautioned against carelessly disclosing information.
3.
Indemnification.
You
agree to indemnify, defend and hold harmless our ArtsHelpDesk.com
website, its members, officers, directors, employees, agents,
licensors, suppliers and any third party information providers
to our website from and against all losses, expenses, damages
and costs, including reasonable attorneys’ fees, resulting from
any use of our website or violation of this Agreement (including
negligent or wrongful conduct) by you or any other person accessing
our website.
4.
Third Party Rights.
The
provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification)
are for the benefit of our website and its owners, officers,
directors, employees, agents, licensors, suppliers, and any
third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce
those provisions directly against you on its/their own behalf.
5.
Term; Termination.
We
reserve the right to investigate complaints or reported violations
of these Terms of Service and Conditions of Use and to take
any action we deem appropriate, including but not limited to
reporting any suspected unlawful activity to law enforcement
officials, regulators, or other third parties and disclosing
any data necessary or appropriate to such persons or entities
relating to your profile, email addresses, usage history, IP
addresses and traffic data.
This
Agreement, in whole or in part, may be terminated by ArtsHelpDesk.com
without notice at any time for any reason. The provisions of
paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use
of the Service), 3 (Indemnification), 4 (Third Party Rights),
6 (Hiring an Attorney / No Attorney-Client Relationship), and
7 (Miscellaneous) shall survive any termination of this Agreement,
in whole or in part.
6.
Hiring an Investment Advisor, Attorney, or Medical or Other
Professional / No Attorney-Client Relationship or Fiduciary
Capacity.
Choosing
a lawyer, doctor, or investment advisor is a serious matter
and should NOT be based solely on data contained on our website
or in advertisements.
The
law is constantly changing and the data may not be complete
or accurate depending on your particular legal issue. Each legal
issue depends on its individual facts and different jurisdictions
have different laws and regulations. This is why you should
seriously consider hiring licensed, professional counsel in
your jurisdiction.
Medical
issues are complex, and can often stem from both organic and
psychological factors. Never should a website be used as a source
of diagnosing or treating medical problems.
Financial
matters are highly individualistic. Risk tolerance is just one
factor to consider before making any investments or financial
decisions. For these, and other, reasons, you should look to
the guidance of a trained professional, not a website.
You
may send us email, but in no instance will this communication
in any way be construed as initiating an attorney-client relationship,
or other professional relationship, and so the contact should
not include confidential or sensitive data because your communication
will not be treated as privileged or confidential.
7.
Miscellaneous.
Governing
Law
This
Agreement shall treated as though executed, set in force, and
performed in the State of Mississippi. Accordingly, it shall
be governed and construed in accordance with the laws of Mississippi
in terms of those applicable to agreements, without regard to
conflict of law principles.
Disputes
Any
cause of action by you with respect to our http://ArtsHelpDesk.com
website must be instituted within one (1) year after the cause
of action arose or be forever waived and barred. All actions
shall be subject to the limitations set forth in these Terms
of Service and Conditions of Use. Any legal claim arising out
of or relating to these Terms of Service and Conditions of Use
or our website, excluding intellectual property right infringement
and other claims by us, shall be settled confidentially through
mandatory binding arbitration per the American Arbitration Association
commercial arbitration rules. The arbitration shall be conducted
in Mississippi. Each party shall bear one half of the arbitration
fees and costs incurred, and each party shall bear its own lawyer
fees. All claims shall be arbitrated on an individual basis,
and shall not be consolidated in any arbitration with any claim
or controversy of any other party.
Modification
Neither
the course of conduct between the parties nor industry trade
practice shall act to modify any provision of this Agreement.
Assignability
Our
website may assign its rights and duties under this Agreement
to any party at any time without notice to you.
Contra
Preferentum
The
language in these Terms of Service and Conditions of Use shall
be interpreted as to its fair meaning and not strictly for or
against any party. Any rule of construction to the effect that
ambiguities are to be resolved against the drafting party (i.e.
– “contra preferentum”) shall not apply in interpreting these
Terms of Service and Conditions of Use, as the Agreement shall
be construed as having been co-authored by the parties.
Severability
Should
any part of these Terms of Service and Conditions of Use be
held invalid or unenforceable, that portion shall be construed
as much as possible consistent with applicable law and severability
shall apply to the remaining portions, so that they remain in
full force and effect.
This
Agreement Prevails
To
the extent that anything in or associated with our website is
in conflict or inconsistent with these Terms of Service and
Conditions of Use, these Terms of Service and Conditions of
Use shall take precedence.
Waiver
Our
failure to enforce any provision of these Terms of Service and
Conditions of Use shall not be deemed a waiver of the provision
nor of the right to enforce the provision.
Our
rights under these Terms of Service and Conditions of Use shall
survive any termination of this agreement.
Any
rights not expressly granted herein are reserved to ArtsHelpDesk.com.
CHANGE
NOTICE: As with any of our administrative and legal notice pages,
the contents of this page can and will change over time. Accordingly,
this page could read differently as of your very next visit.
These changes are necessitated, and carried out by ArtsHelpDesk.com,
in order to protect you and our http://ArtsHelpDesk.com website.
If this page is important to you, you should check back frequently
as no other notice of changed content will be provided either
before or after the change takes effect.
COPYRIGHT
WARNING: The legal notices and administrative pages on this
website, including this one, have been diligently drafted by
an attorney. We at ArtsHelpDesk.com have paid to license the
use of these legal notices and administrative pages on http://ArtsHelpDesk.com
for your protection and ours. This material may not be used
in any way for any reason and unauthorized use is policed via
Copyscape to detect violators.
QUESTIONS/COMMENTS/CONCERNS:
If you have any questions about the contents of this page, or
simply wish to reach us for any other reason, you may do so
by using our Contact information. Admin[@]artshelpdesk.com