Archer Artist Terms of Use
EFFECTIVE October 1, 2007
Agreement By accessing, using, browsing, buying, or submitting information to this Site you agree that you have read, understood and agree to be bound by this User Agreement and to comply with all applicable laws, rules and regulations. Eligibility We offer our Site and its services only to people who and parties that may lawfully enter into and form contracts under applicable law. As an example, but not intending to limit the prior restriction, minors are not allowed to make purchases.   To register, you must provide your real name, telephone number, e-mail address, credit card details and other requested information. You agree to comply with all applicable laws, statutes and regulations regarding use of the Site. This User Agreement may be revised from time to time. If we revise this User Agreement, we will post the revised version on the Site. The revisions will be effective from the date set forth at the beginning of this Agreement. Please re-read this User Agreement in the future from time to time for changes. By using this Site after we have changed the User Agreement you will be deemed to have accepted the changes. We reserve the right to change our Site at any time to add or remove features or services in our sole discretion, and without liability to any user. Site Integrity Information you supply will be used solely for Archer Artist and its related entities.  It will not be sold or transmitted to other entities. In order to protect against unauthorized use of your information which is transmitted to us over the internet, we have established a secure site for your use.  We do not guarantee that others cannot or will not seek to obtain your information even though it is transferred using this secure site and we shall not be liable for any breach of the secure site by any person or for the intentional or accidental dissemination of your information.  By using this site you accept the risks inherent in the transfer of information using the internet. You are responsible for maintaining the confidentiality of your account and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. If you believe that your account and/or password have been misused or compromised in any manner, please Contact Us immediately.Users committing fraud, or any other illegal activity on the Site may be prosecuted to the fullest extent allowed by  law. (Please note that even if you do not provide your real name when you register, your web browser transmits a unique address which can be used to identify you.) We reserve the right to investigate potential abuses of this User Agreement, and, where we deem it appropriate, we may contact law enforcement officials to investigate and prosecute. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to this Site and refuse to provide services to you: (a) if you breach this User Agreement or the documents referred to herein; (b) if we are unable to verify or authenticate any information you provide to us; (c) if we believe that your actions may cause legal liability for you, our users or us; or (d) for any other reason not prohibited by law. Links This User Agreement does not apply to your use of unaffiliated sites to which our Site only links. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site. You should direct any concerns to that site's administrator or webmaster. Other sites may link to ARCHER ARCHER or its affiliates only through a plain-text link. Permission must be granted by us for any other type of link to ARCHER ARCHER or its affiliates. To seek our permission, you may write to ARCHER ARCHER, 1220 Hawthorne Road, Golden, Colorado, 80401 Attention: General Counsel. We, the user and the other sites are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement. Warranties; Limitation of Liability and Indemnity We may modify or discontinue the Site or any of the services or features of the Site, with or without notice, without liability to you, any other user or any third party for any reason. You understand and agree that the Site and its services are provided on an "AS IS" and "AS AVAILABLE" basis. MASTERPIECE SOLUTIONS assumes no responsibility for the timeliness, deletion, mis-delivery of or failure to store any user communications or personalization settings. You understand and expressly agree that: (1) use of the site and its services is solely at your risk, (2) any material purchased and/or data downloaded or otherwise obtained through the use of ARCHER ARTIST is at your own discretion and risk and (3) you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand that all pricing shown on the web site is provided by individual member galleries and artists and that pricing may change at any time, without notice, and that the price shown on Archer Artist may not represent the current price of a particular piece. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARCHER ARTIST MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, ANY PROPERTY OR INFORMATION OFFERED ON THE SITE OR ANY TRANSACTIONS THAT MAY BE CONDUCTED ON OR THROUGH THE SITE, INCLUDING WITHOUT LIMITATION: (i) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR OPERATE WITHOUT ERROR; (iii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ARCHER ARTIST. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Archer Artist DISCLAIMS ANY AND ALL SUCH WARRANTIES. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, Archer Artist AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION FOR LOST PROFITS, REVENUES OR DATA), ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE. You agree to indemnify, defend and hold harmless ARCHER ARTIST, and any of its affiliates or related entities and the officers, directors, employees, consultants and agents of each of them from any and all third party claims, liability, damages and/or costs, including, but not limited to, attorneys fees, arising from your use of our services, your violation of the User Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The User Agreement will inure to the benefit of ARCHER ARTIST's successors, assigns and licensees. Limited License and Ownership ARCHER ARTIST grants a limited license to each user of this Site to make personal use only of the Site. This license expressly excludes, without limitation, any resale or commercial use of the Site, the collection and use of participant e-mail addresses or other participant information, listings, or any data extraction or data-mining whatsoever, including without limitation the reproduction of images found on the Site. All content included on this Site, such as text, graphics, logos, button icons, images, audio clips and software, is the property of ARCHER ARTIST, the Seller or other content suppliers and is protected by U.S. and foreign copyright laws and international conventions. As between you and ARCHER ARTIST, the compilation (meaning the collection, arrangement and assembly) of all content on thisSite is the exclusive property of ARCHER ARTIST and is protected by U.S. and foreign copyright laws and international conventions. All software used on this Site is the property of ARCHER ARTIST or its software suppliers and is protected by U.S. and foreign copyright laws and international conventions. The content and software on this Site may be used as a shopping and educational resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Site is strictly prohibited. Copyright Infringement If you believe that material included on the Site infringes a copyright, contact us promptly so that we may investigate the situation and, if appropriate, block or remove the material. Please provide us with the following information: Your identity (name, address, telephone number, and e-mail address); The identity of the owner of the copyright  (name, address, telephone number, and e-mail address); A detailed description of the material which you believe infringes on a copyright and of the copyrighted work (including where it can be found) that you believe has been infringed; Any other information requested by us; You may contact ARCHER ARTIST's agent for notice of claims of copyright infringement on this Site either via email at: copyright@archerexchange.com or by writing to Archer Artist, 810 Quail Street, Suite H, Lakewood, CO 80215  Attn: Copyright Trademarks Archer Artist, Masterpiece Solutions, TheEGallery.com, Archer Exchange, MasterpieceManager.com, eGallerySolutions.com, MasterpieceSolutions.com, MasterpieceSolutions.net, MasterpieceSolutions.org, TheArtPortfolio.com, and ArtisticInsights.com are all trademarks of Masterpiece Solutions in the United States and other countries. These trademarks may not be used in connection with any product or service that is not ARCHER Artist in any manner that is likely to cause confusion to the public, or in any manner that disparages or discredits Archer Artist. Applicable Law The User Agreement will be governed by and construed in accordance with the laws of the State of Colorado, United States of America, without giving effect to its conflict of laws provisions or your actual state or country of residence and by using this Site you consent to the exclusive jurisdiction of the courts of the State of Colorado, U.S.A. The User Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If any provision of this Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. Headings used in this User Agreement are for convenience only and are not to be relied upon. ARCHER ARTIST's failure to exercise or forbearance from exercising any rights or remedies, or failure to enforce or forbearance from enforcing, the strict performance of any provision of this Agreement, will not constitute a waiver of ARCHER ARTIST's right to exercise such rights or remedies or enforce such provision or any other provisions of this Agreement in that or any other instance. Any waiver of any provision of this Agreement by ARCHER ARTIST must be made in writing and signed by an authorized representative of ARCHER ARTIST specifically referencing this Agreement and the provision to be waived. Further Inquiries You may direct questions about the User Agreement, or other issues, to: ARCHER ARTIST, 1220 Hawthorne Road, Golden, CO 80401, or via email to info@archerartist.com