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You agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that ArtyBarend may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.
ArtyBarend may change these Terms of Use from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.
Intellectual Property; Limited License to Users
Subject to your compliance with these Terms of Use, any applicable license agreement with ArtyBarend, and the law, you may access and use the Site. ArtyBarend remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms of Use. ArtyBarend may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in ArtyBarend sole discretion. ArtyBarend provides the Site on an “as is” and “as available” basis.
All content on this Site, including but not limited to Images and related metadata (collectively the “ArtyBarend”), as well as the selection and arrangement of the ArtyBarend Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorized use of any ArtyBarend Content violates such laws and this Terms of Use. Except as expressly provided herein or in a separate license agreement between you and ArtyBarend, ArtyBarend does not grant any express or implied permission to use the Site or any ArtyBarend Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any ArtyBarend Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or ArtyBarend Content.
Unless you enter into a license agreement with ArtyBarend you may not download, distribute, display and/or copy any ArtyBarend Content.
You may not remove any watermarks or copyright notices contained in the ArtyBarend Content.
ArtyBarend Trademarks
For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by ArtyBarend.
Nothing contained herein grants or shall be construed to grant you any rights to use any ArtyBarend Trademark, unless expressly conferred by these Terms of Use.
You agree that you will not use ArtyBarend Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or ArtyBarend.
You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of ArtyBarend Trademarks or the Trademark rights claimed by ArtyBarend.
You agree that you will not use any ArtyBarend Trademark or any variant thereof including misspellings as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data.
You may not at any time, adopt or use, without ArtyBarend prior written consent any word or mark which is similar to or likely to be confused with ArtyBarend Trademarks.
The look and feel of the ArtyBarend website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of ArtyBarend and may not be copied, imitated or used, in whole or in part, without the prior written consent of ArtyBarend.
All other trademarks, product names, and company names or logos used or appearing on the ArtyBarend website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ArtyBarend, unless expressly so stated.
You may not use a ArtyBarend trademark, logo, Image or other proprietary graphic of ArtyBarend to link to the ArtyBarend website without the prior written consent of ArtyBarend.
You may not frame or hotlink to the ArtyBarend website or any Image without the prior written consent of ArtyBarend.
Information You Provide
ArtyBarend (or third parties acting on its behalf) may collect information related to your use of the Site. Third-party platforms through which you access the Site may collect information related to your use of such third-party platform and make such information available to ArtyBarend subject to your agreement with the applicable third-party platform. ArtyBarend collection and use of all such information shall at all times conform to this Terms of Use, the ArtyBarend Privacy Policy, and applicable law.
ArtyBarend will use and protect your personal information, such as your name and address, in accordance with the ArtyBarend Privacy Statement, the contents of which are incorporated by reference into these Terms of Use.
