1. ACCEPTANCE OF TERMS
This Rtist.com website (the "Website") is provided by Rtist,
Inc. (“Rtist”). Your use of the Website and all information,
products and services on the Website (collectively, the "Services")
are subject to and governed by the terms and conditions set
forth below and the terms and conditions incorporated herein by
reference (collectively, the "Terms and Conditions"),which constitute
a binding legal obligations between you and Rtist, Inc..
BY CHECKING THE BOX BY “I HAVE READ AND AGREE TO
THE ”TERMS AND CONDITIONS” DURING THE REGISTRATION
PROCESS (OR BY OTHERWISE ACCEPTING THE
TERMS AND CONDITIONS THROUGH YOUR ACTIONS),
YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE
TO THE TERMS AND CONDITIONS. IF YOU DO NOT
AGREE WITH THE TERMS AND CONDITIONS,
YOU ARE NOT AUTHORIZED TO USE THE SERVICES
OR TO CONTINUE TO ACCESS THEWEBSITE FOR
2. AMENDMENTS TO THE
TERMS AND CONDITIONS
You understand that Rtist may amend the Terms and
Conditions from time to time without notice to you by posting
the changes on the Website. You should review these terms
each time you elect to use any of the Services. The amended
Terms and Conditions will automatically be effective thirty
days after changes are first posted on the Website.
IN THE EVENT THAT YOU DO NOT AGREE TO ANY
CHANGE, YOU MAY REFUSE SUCH CHANGE BY
DISCONTINUING ALL ACCESS TO THE WEBSITE AND
USE OF THE SERVICES IN ANY MANNER FOR ANY
PURPOSE. IF YOU CONTINUE TO ACCESS THE
WEBSITE OR USE THE SERVICES IN ANY MANNER
FOR ANY PURPOSE AFTER SUCH CHANGE
BECOMES EFFECTIVE, SUCH ACCESS AND/OR
USE CONSTITUTES YOUR ACCEPTANCE OF
THE MODIFIED TERMS AND CONDITIONS.
3. MODIFICATIONS TO OR TERMINATION OF SERVICE
RTist reserves the right, in our sole discretion, at any time and from time to time to modify
or discontinue, temporarily or permanently, the Website (or any part thereof) and/or
to add, delete or modify some or all of the Services, with or without notice.
Any new or changed features or Services that Rtist puts on the Website will be
subject to the terms and conditions of the Terms and Conditions. You agree that
RTist shall not be liable to you or to any third party for any modification,
suspension or discontinuance of the Website and/or any Services.
In addition, Rtist, in its sole discretion with or without notice to you, may (a) terminate your password and your use of this entire Website or your use of any feature of the Website, and/or (b) remove and discard any of Your Information stored on the Website.
4. REGISTERED USERS
The Services offered on the Website are available only to entities and to individuals who accept the Terms and Conditions and who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors. You must be 18 years of age or older in order to participate on the Website. Rtist may refuse any or all of the Services to anyone at any time, in our sole discretion. When you sign up, you will select a user name and a password so that you can access your account at the Website. You agree that you will keep this information confidential. You agree to log off of the Services at the end of each session to prevent fraud on your account by third parties. You are solely responsible for activities regarding your account and password (including activities by third parties using your user name and password or using a login session you commenced). If you think there has been unauthorized use of your account or password, you agree to immediately notify Rtist and cooperate to resolve the issue. You understand that if you do not follow the terms of this paragraph, Rtist may suspend or terminate your use of the Website. You understand that Rtist is not responsible in any way, and will not be liable to you or to any third person, if you do not comply with the terms of this paragraph.
5. CONDUCT OF USERS
Rtist believes that all users of the Website and Services benefit from basic rules regarding conduct while using the Services so that information and ideas may be shared freely, and so that commerce can be conducted fairly. To achieve these ends, you agree to follow the following basic rules of conduct when using the Website and/or Services: You will comply with the Terms and Conditions and all applicable laws; You will never give your password to anyone and you will not provide your billing or credit information except to make a purchase; You will not harass, threaten or abuse other people when using the Website in any manner, and you will not post or transmit to the Website any unlawful, fraudulent, harassing, libelous, defamatory or obscene material of any kind; nor will you post or transmit to or from the Website any information in violation of another's copyright or intellectual property rights; You will not attempt to harvest any screen names or e-mail addresses for any commercial use; and you will not collect or store personal information about any other individual on the Website, or otherwise stalk, repeatedly contact or harass another user; You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with Rtist, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another; You will not manipulate the Services so as to hide your identity or participation in Services on the Website (by using another person's identity, changing headers, or otherwise modifying any other possible identifier); You will not knowingly use any device, software or technique to interfere with or attempt to interfere with the proper working of the Website; nor will you redeliver any content using framing, hyperlinks, or other technology without Rtist's express written permission; You will not post any content or other material that contains any viruses, cancelbots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services Rtist provides, users' ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services; and You will not send any bulk unsolicited advertising, promotional information, e-mail or other solicitation (including without limitation junk mail, "spam," chain letters or pyramid schemes of any sort) to any person through the use of the Services, except in areas that specifically authorize you to do so. If you violate any of the rules of conduct set forth above, or any other aspect of the Terms and Conditions, Rtist reserves the right to suspend or terminate your rights to use the Services without giving you any notice.
6. YOU AGREE TO COMPLY WITH ALL LAWS
Without limitation to the foregoing, you specifically agree that when you use the Website or the Service in any way, you will comply at all times with all applicable federal, state and local laws, statutes, regulations, and ordinances and will not take any action that harms or violates the rights of any person or entity.
7. RTIST RIGHT TO REGULATE
You authorize Rtist and its contractors to cooperate with any law enforcement or governmental agency (including non-U.S. agencies and governments) that is investigating alleged or actual violations of any laws of any jurisdiction in the United States, which cooperation includes, but is not limited to, Rtist voluntarily disclosing (i.e., without being subject to a lawful order to disclose) to the law enforcement and governmental agencies any or all of Your Information. You acknowledge that Rtist has the right, but no obligation, to monitor the Website and disclose any information necessary in connection with the foregoing, or necessary to operate the Website, to protect Rtist, its licensors and business partners and customers. Rtist reserves the right to post or remove any information on the Website, in whole or in part, for any reason.
You will indemnify and hold harmless Rtist and its subsidiaries and their respective affiliates, directors, officers, shareholders, employees, agents, printers, contractors, co-branders, suppliers, internet service providers, and partners from any loss, cost, claim, demand or other harm of any kind, including reasonable attorneys' fees, due to or arising out of: Your Information; Your use of the Website or Services; The use of the Website or Services by any person who uses the Website or Services while logged on under your user name and password; Your default under any provision in the Terms and Conditions; and Your violation of any laws or of any rights of a third party.
Without limiting other remedies, Rtist may immediately issue a warning, temporarily or indefinitely suspend or terminate your membership and refuse to provide Services to you if (a) you breach the Terms and Conditions; (b) Rtist is unable to verify or authenticate any information you provide to Rtist; or (c) Rtist believes that your actions may cause legal liability for you, other users or Rtist.
10. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE, THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. RTIST DISCLAIMS, ON ITS OWN BEHALF AND, WHEN ACTING AS AN AGENT, ON BEHALF OF ITS PRINCIPAL, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. RTIST MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE QUALITY, ACCURACY OR RELIABILITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR SERVICES. RTIST MAKES NO WARRANTY THAT THE WEBSITE, SERVICES OR ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IT IS YOUR RESPONSIBILITY, AND IT IS NOT THE RESPONSIBILITY OF RTIST, TO HAVE KNOWLEDGE OF, OBEY, OR COMPLY WITH ANY APPLICABLE FEDERAL, STATE OR LOCAL LAWS AND REGULATIONS REGARDING TRANSPORTATION, HANDLING, STORAGE, PURCHASING, POSSESSION, USE, MISUSE OR OWNERSHIP OF THE ITEMS SOLD ON OUR WEBSITE. NO ADVICE, OPINIONS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM RTIST OR THROUGH THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. Some jurisdictions do not allow the exclusion of certain warranties, so some of the foregoing exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from jurisdiction to jurisdiction.
11. LIMITATION OF LIABILITY
RTIST WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF RTIST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (A) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (B) YOUR PURCHASE OF ANY PRODUCT, ITEM, GOOD OR SERVICE THROUGH THE WEBSITE OR SERVICES; (C) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (E) ANY OTHER MATTER RELATING TO THE WEBSITE OR SERVICES.
The Website may provide, or third parties may provide, links to other World Wide Web sites or resources. Rtist will not be responsible for the availability of any external sites or resources to which Rtist hyperlinks ("Linked Sites"), and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from Linked Sites. Rtist will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any Linked Sites.
13. RTIST PROPRIETARY RIGHTS
The Website and any necessary software used in connection with it ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you on the Website may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Rtist or its advertisers, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the Software, in whole or in part. You will not access the Website by any means other than through the interface that is provided by Rtist for use by the public in accessing the Website.
14. NO AGENCY
No agency, fiduciary, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms and Conditions.
Rtist.com prohibits the posting or transmission to or from our website of any information in violation of another's copyright.
Generally speaking, copyright infringement results from someone else's original work of authorship, fixed in any tangible medium of expression, being reproduced or otherwise communicated without first obtaining appropriate permission, including, but not limited to, reproducing, altering, transmitting or selling someone else's copyrighted artwork online without appropriate permission.
To file a copyright infringement notification with Rtist.com, the copyright owner should send a written communication that includes substantially the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Please provide URLs when you identify the location of the material.
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Rtist.com will respond to a proper notice by (1) removing or disabling access to material claimed to be subject of infringing activity; and (2) removing and discontinuing service to repeat offenders. If Rtist.com removes or disables access in response to such a notice, Rtist.com will make a good-faith attempt to contact the user so that they may make a counter notification. Please contact Rtist.com's Designated Agent to Receive Notification of Claimed Infringement at the following address: Rtist, Inc., Attn: Legal Department, 645 Stockton St, #1001 San Francisco, CA 94108;support@Rtist.com.