Terms of ServiceEffective Date: March 19, 2019
IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY SERVICES AND EXIT THE WEBSITE IMMEDIATELY. WE RESERVE THE RIGHT TO CHANGE THE TERMS, AND MODIFY, ADD OR DISCONTINUE ANY ASPECT, CONTENT OR FEATURE OF THE SERVICES AT ANY TIME AND WITHOUT NOTICE TO YOU. YOUR CONTINUED USE OR ACCESSING OF THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES TO THE TERMS CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
BY USING OUR SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS.
This Terms and Conditions of Use agreement ("the "Agreement") specifies and describes the Terms and Conditions applicable to your access to and use of the Services. This Agreement may be modified at any time by the Company upon posting of the modified Agreement. Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
The Service is intended for adults only. The Service is not intended for any children under the age of 18. IF YOU ARE 17 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE.
Parental control protections (such as computer hardware, software, or filter services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protection is available on the Internet (e.g. http://en.wikipedia.org/wiki/List_of_content-control_software).
To utilize certain portions of the Services, you will be required to register for and establish an account (the “Account”). You represent and warrant that all information provided to Us is complete and accurate and that you will maintain its completeness and accuracy on a timely basis. As a registered user, you will establish a user name and password. You must maintain the confidentiality and security of your user name and password. You understand and agree that you are solely responsible for all actions from your account. You agree to notify Us immediately if you believe that your user name or password are compromised or that there is unauthorized use of your Account. If your account shows signs of fraud, abuse or suspicious activity, We may cancel any purchases associated with your Account and close your Account. To contest the cancellation of a purchase or freezing or closure of an Account, please contact Our customer service.
As a registered user, you may be able to upload and post materials and information, including but not limited to text, audio, video, photographs, graphics and other materials ("Content"). This means that you have sole responsibility, not Us, for all of the Content that you upload post, email, transmit or otherwise make available through the Services, and to make sure that you are in compliance with the rules of behavior set forth herein relating to such Content. Any Content that you write, post, upload or link to on the Services is entirely your responsibility.
You agree not to post any of the following types of content to the Site or Services: (a) adult content, pornography, explicit sexual images, or nude images; (b) content containing explicit, vulgar, or obscene language; (c) content promoting hate, abuse or destructive actions; (d) content promoting illegal activities; or primarily political, religious, psychic, or metaphysical content; (e) content promoting pirated software; (f) content intending for phishing or spreading malware; (g) content that is disparaging of any person or entity; (h) content that is in violation of any law or regulation; or (i) any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Us in Our absolute and sole discretion.
We do not pre-screen or regularly review all Content. However, We shall have the right, but not the obligation, in Our sole discretion to pre-screen, refuse, move, edit, and/or delete any Content that violates these Terms and/or is otherwise objectionable as determined by Us in Our absolute and sole discretion.
We shall have no liability of any kind with respect to any Content posted by you or other users of the Services. You agree that you must assess and bear all risks associated with your use of any Content. In this regard, you may not rely on any Content created by other Users or otherwise created, distributed and displayed on any part of the Services. We do not control or monitor all of the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content.
The Content created by you must be owned by you or you must have been granted the prior permission to use such Content by its owner. We do not own any of the Content you post. By placing Content on the Services, or by providing any feedback, suggestions, ideas, or other submissions to Us, you are providing Us with a worldwide, irrevocable, royalty-free, unlimited, non-exclusive license to use the Content in connection with the operation of the Services, including, without limitation, (a) the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your content, and/or to incorporate it into a collective work, and (b) the right to sublicense any or all of Our license rights to others. You further waive any and all moral rights in and to such content in favor of Us. For greater certainty, this means that, among other things, We have the right to use any and all ideas you submit in any manner that we choose, without any notice or obligation to you whatsoever. We reserve the right to exploit or promote this Content in connection with the promotion of the Services and other services offered by Us.
Unless you make it clear that specific Content you post cannot be copied or used by any other users of the Services, you agree that by posting Content you own on the Services, all other users can reproduce and use such Content in connection with the Services, subject to all applicable laws. We shall have no responsibility for enforcing any rights you may claim in any Content, which shall be your responsibility entirely, and you agree to hold harmless defend, and indemnify Us with respect to any claim you have that other users are reproducing or using your Content as well as for claims by other users that you are reproducing or using their Content without permission. We will not arbitrate, mediate or resolve any intellectual property or other disputes between users, and have no responsibility for doing same other than as may be specifically required by law.
We may preserve and store your account information and Content if We believes in good faith that such preservation is necessary to comply with legal or regulatory processes, respond to claims that the Content violates the rights of third parties, and/or to protect the rights, property or personal safety of the Company, its users and the public.
The Company grants you a limited, revocable, nonexclusive license to use the Services solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Services, reverse engineer or break into the Services, or use materials, products or services in violation of any law. The use of the Services is at Our discretion and We may terminate your use of the Services at any time. Additionally, you agree not to:
- use the Services or its contents for any commercial purpose;
- make any speculative, false, or fraudulent purchases;
- access, monitor or copy any content or information of the Services using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate, bypass, or circumvent any measures employed to prevent or limit access to the Services;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of the Services for any purpose without our express written permission; or
- "frame", "mirror" or otherwise incorporate any part of the Services into any other website without our prior written authorization.
The engagement of an art related service is a matter directly between the art owner (the “Owner”) and the service provider. Upon acceptance of a proposal, the Owner agrees to purchase, and the service provider agrees to deliver the deliverables in accordance with: (i) the agreement between the Owner and service provider, including the proposal, and other terms and conditions as communicated between the Owner and the service provider on the Site or otherwise, and (ii) these Terms (collectively, the “Project Agreement”). Any provision of a Project Agreement in conflict with these Terms is void. Owner and service provider each covenant and agree to act with good faith and fair dealing in performance of the Project Agreement. Owner and service provider each acknowledge and agree that their relationship is that of independent professionals. Nothing in these Terms shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Owner and service provider.
The Company is not a party to the contracting and fulfillment of any service between an Owner and a service provider. We have no control over and do not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the qualifications, background, or abilities of service providers, the ability of service providers to perform services, or that a service provider can or will actually complete a work request. We are not responsible for and will not control the manner in which an service provider operates. All rights and obligations for the purchase and sale of deliverables are solely between an Owner and an service provider. Owners and service providers must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings.
We deduct one or more fees, as applicable, from payments made by Owners to service providers using our payment services. When an Owner accepts a proposal and makes a payment through Our payment services, We deduct the appropriate service charges due to Us as described in our agreement with the service provider and deliver the remainder of the payment to the service provider upon the completion of the work. We reserve the right to change service fees, processing fees or any other fee that We may charge at any time, in Our sole discretion and upon reasonable notice. No refunds of fees already paid will be given. WE ARE NOT A BANK AND ANY PAYMENTS TRANSFERRED THROUGH US ARE NOT INSURED DEPOSITS AND ARE SUBJECT TO DEFAULT, LOSS OR FORFEITURE.
In order to receive funds due to the service provider, the service provider must request such funds by marking the contract as complete. Any such requests shall be subject to the conditions and restrictions contained on the Site and in these Terms. We will then provide the Owner an opportunity to confirm completion of the work. Notwithstanding any other provision of these Terms or the Project Agreement with the service provider, if We determine in our sole discretion that an service provider has violated the conditions and restrictions of the Site, Terms, or Project Agreement, We have the right to refuse to process such request. We also reserve the right, in Our sole discretion, to place a hold on requested transfers if We suspect monies may be subject to charge back, bank reversal, failure to clear or fraud. We will release a hold as soon as practical.
You shall not attempt or engage in potentially harmful acts that are directed against the Services including, without limitation, any one or more of the following: (a) Using the Services in contravention of any other agreement to which you are a party, including without limitation any employment agreement to which you may be a party; (b) causing, allowing, or assisting any other person to impersonate you; (c) sharing your password or login with any other person; (d) logging onto a server or Account(s) that you are not authorized to access; (e) creating more than one account, forging user names, manipulating identifiers, or otherwise impersonating any other person or misrepresenting your identity or affiliation with any person or entity; (f) emulating or faking usage of the Services; (g) violating or attempting to violate any security features of the Services; (h) using manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any pages contained in the Site; (i) introducing viruses, worms, software, Trojan horses, or other similar harmful code into the Services; (j) interfering or attempting to interfere with the use of the Services by any other user, host, or network, including without limitation by means of submitting a virus, overloading, "flooding," "spamming," "mail bombing," "pinging," or "crashing" the Services; (k) causing, allowing or assisting machines, bots, or automated service to access or use the Services without Our express written permission; (l) tampering with the operation, functionality, or the security of the Services; (m) attempting to override or circumvent any security or usage rules embedded into the Services that permit digital materials to be protected; (n) attempting to probe, scan, or test the vulnerability of the Services, or any associated system or network, or breach any security or authentication measures; (o) misusing, tricking, disrupting, or otherwise interfering with the functioning of the Services; (p) harvesting or collecting email addresses or other contact information of other users or clients from the Services by electronic or other means; (q) reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any underlying intellectual property used to provide the Services; (r) engaging in "framing," "mirroring," or otherwise simulating the appearance or function of the Service; (s) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; (u) deep- linking to any portion of the Services without our express written permission; (v) acting illegally or maliciously against the business interests or reputation of Us or the Merchants promoted via the Services; (w) hyperlinking to the Services from any other website without our initial and ongoing consent; (x) using the Services or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Us; (y) reselling or repurposing your access to the Services or any purchases made through the Services; or (z) using the Services or any of its resources to solicit other users of the Services, Merchants or other of Our business partners to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Us. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines or engines that are intended to damage, destroy, disrupt, or otherwise impair a computer's functionality or operation.
You agree to comply with all applicable laws regarding your use of the Services as well as the export of data to your country or residence. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
We make no representation or warranty as to the completeness, accuracy or fitness for use of any information posted via the Services. You understand that We do not and cannot review all material made available through websites linked or linking to any part of the Services. We do not warrant that the Services or any functions contained in the Services will be uninterrupted or error free, that defects will be corrected, or that the Services or the server that makes them available are free of viruses or bugs. IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY CONTENT, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER WE WERE GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
This Services may contain hyperlinks to other websites maintained by third-parties or We may provide third party content on the Services by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD-PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY WEBSITES LINKED TO THE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. OUR INCLUSION OF HYPERLINKS TO THIRD-PARTY WEBSITES DOES NOT IMPLY ANY ENDORSEMENT BY US OF THE CONTENT ON SUCH WEBSITES OR ANY ASSOCIATION WITH THEIR OPERATORS.
If a third-party links to the Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with Us. In most cases, We are not even aware that a third-party has linked to the Services. A website that links to the Services: (i) may link to, but not replicate, Our Content; (ii) may not create a browser, border environment or frame Our Content; (iii) may not imply that We are endorsing it or its products; (iv) may not misrepresent its relationship with Us; (v) may not present false or misleading information about Our products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
You acknowledge Our exclusive rights in the trademarks, trade names, service marks, and other logos and brand features (including, without limitation, "ACTCOLLECTION.IO”) that are displayed via the Services (collectively, the "Marks"). You agree not to display or use Our Marks in any manner without Our prior permission. Trademarks, service marks, logos, and copyrighted works appearing in the Services are the property of the Company or the party that provided such intellectual property to Us. The Company and any party that provides intellectual property to Us retain all rights with respect to any of their respective intellectual property appearing in this Services, and no rights in such materials are transferred or assigned to you.
All content included and displayed on the Service is and shall continue to be the property of the Company or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Services is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Services. You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is the property of the Company and its licensors and is protected by applicable intellectual property and other laws. No rights or title of to any of the Software used in connection with any Services is provided, transferred or assigned to you. You further acknowledge and agree that content contained in advertisements or information presented to you through any Services or advertisers is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Us or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or Software, in whole or in part. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to these Terms may cause Us and our licensors irreparable injury, which may not be remedied at law, and you agree that the Company and its licensors' remedies for breach of these Terms may be in equity by way of injunctive or other equitable relief.
We respect the intellectual property of others and We request our users do the same. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact the Company as soon as practically possible at:
with the following information:
- 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;
- 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 Us to locate the material on the Services;
- Information reasonably sufficient to permit Us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
- The following statement: "I have 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";
- The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
- A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree to indemnify, defend and hold Us and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Services.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND/OR INFORMATION PROVIDED BY THE SERVICES IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE SERVICES OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WE MAY MAKE CHANGES OR IMPROVEMENTS TO THE SERVICES AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS THE SERVICES OR ITS CONTENT. WE MAKE NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH CONTRACTORS, SERVICE PROVIDERS, AND OTHER USERS OF THE SITE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS OR LIABILITY RELATED TO ANY SERVICES OF A SERVICE PROVIDER, ANY ACTION OR INACTION BY A SERVICE PROVIDER, INCLUDING AN THEIR FAILURE TO COMPLY WITH APPLICABLE LAW, AND ANY CONDUCT OR SPEECH, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER.
THE COMPANY, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WE WERE GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100.00 USD OR THE AMOUNT YOU HAVE PAID TO US FOR THE USE OF THE SERVICES.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
You agree that the laws of the State of Delaware, without regard to conflict of laws principles will govern these Terms and any dispute that may arise between you and Us or Our affiliates. You agree to personal and exclusive jurisdiction by and venue in the State and Federal Courts located in Ala Mata County, California.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Us must be in writing and signed by an Our authorized representative.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Servicers, or any service provided by the Site (or any part thereof) with or without notice. You agree that We will not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
We may terminate this Agreement at any time, with or without notice, for any reason.
We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the Services. We reserve the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.
Nothing contained in this Agreement or your use of the Services shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent professionals responsible for its own actions.
If you have any questions regarding these Terms, please contact us at:
1201 Pine St. #361
Oakland, CA 94607