Access Arts, Inc,
Publishers of ArtDeadline.Com
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and other Fine Art Publications

Email Privacy & Terms of Use
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PRIVACY POLICY

At Access Arts Inc. / ArtDeadline.Com, every subscriber is valued. We want your experience to be the best. To ensure customer integrity, we will only use personal information collected for identification and contact purposes, and/or for demographic information to be used by our staff. This information will be used to help us ensure that our services are best designed to meet your needs. Regarding e-mail, ArtDeadline.com does not send unsolicited or "spam" e-mail. ArtDeadline.com uses provided subscriber e-mail addresses solely to alert members of special events, artist calls, offers, and/or subscriber account information and updates. ArtDeadline.com does not sell nor rent its e-mail lists.

It is against ArtDeadline.Com's policy to provide any customer information to any third party without the customer's prior permission. ArtDeadline.Com is not responsible for the use of any customer information that customers provide to any of these third party individuals and companies and ArtDeadline.Com disclaims any responsibility for their actions. 

Welcome to ArtDeadline.Com, a service provided by Access Arts, Inc..  From hence forth, it's owner, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, associates and affiliates, will be referred solely as 'Access Arts', 'Access Arts' Access Arts, Inc., ArtDeadline.Com  and/or as "Service".  Your use of this site and it's information signifies acceptance of the following terms ("TOS"). These terms may be updated by us from time to time without notice. You can review the most current version of this TOS at any time on this page. 

COPYRIGHT / TERMS OF USE AND ACCEPTANCE OF TERMS

Please note: Copyright and modification for publication restriction applies to all individuals, organizations or companies even if not exclusively subscribers/members. Deriving information from our exclusive content/resources via other parties, or in any other manner, for re-publication is strictly prohibited and will be regarded as infringement.

Access and use of this websites information, news database, newsletter and/or magazine is licensed solely to the individual subscriber, and is subject to non - refundable termination if searched from more than two IP addresses or domains. In addition, due to the nature of the internet and this site, subscriber requested refunds, for whatever the stated reason, must be made within the first 5 days following activation of the account. Refunds thereof will be for the full amount minus the trial edition of the subscription (currently $14.00). However, upon our own discretion, we may consider requests made after such time, and may refund portions of unused subscription relative to unused time, if deemed reasonable by us.

Unless otherwise expressly permitted, no copying, redistribution of content or personal password, retransmission, modification of content for purposes of publication or commercial exploitation is permitted without the express written permission of Access Arts / ArtDeadline.Com and owner.

The information, text, and html found within this site and it's accompanying database, is for the personal use of the subscriber and may not be reproduced, modified, linked to by any other url, and/or distributed without prior written consent of Access Arts, ArtDeadline.Com and owner. 

You agree on behalf of yourself and the organization you represent: no copying, redistribution, retransmission, modification for purposes of re-publication or commercial exploitation of ArtDeadline.Com and Access Arts news, listings and materials is permitted without the express written permission of Access Arts and ArtDeadline.Com.  Furthermore, contact of any organizations thru our service for purpose of promoting yourself or service is forbidden and also constitutes infringement.  This also covers retrieval of information from us for purposes of re-publication via other party sources, such as other employees, associates and friends.

SECOND & THIRD PARTY CONTENT

Access Arts / ArtDeadline.Com, owners and associates cannot and does not guarantee the accuracy of the information supplied to them by others, or any information on pages linked to ArtDeadline.Com pages or within it's print publications. No responsibility for this information can be, or is, assumed. Inclusion on this site does not indicate or imply an endorsement by Access Arts / ArtDeadline.Com of any organization, site or information.

Furthermore, although every effort is taken to assure the accuracy of the provided news, announcements and related information, Access Arts, Inc. does not endorse and is not responsible or liable for any Content, and waives full responsibility that the information is correct, or current, as posted or provided by ArtDeadline.Com and/or other originating source.

As always, subscriber must exercise personal caution and responsibility when applying to contests, call for submissions and related events, especially when money is requested for participation.

Also, the Service may provide, or unrelated parties may provide, links to other World Wide Web sites or resources. Because Access Arts has no control over such sites and resources, you acknowledge and agree that Access Arts, Inc. is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, proposals, or other materials on or available from such sites or resources. You further acknowledge and agree that Access Arts, Inc. shall not be responsible or held 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 such Content, goods or services available on or through any such site or resource.

Access Arts, Inc. is a distributor (and not a publisher) of content supplied by unrelated parties. Accordingly, Access Arts has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of Access Arts ArtDeadline.Com, are those of the respective author(s) and not of Access Arts. Neither Access Arts nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through Access Arts / ArtDeadline.Com represents the opinions and judgments of the respective information provider, or other user not under contract with Access Arts.  Access Arts / ArtDeadline.Com neither endorses nor is responsible for the accuracy or reliability of any information, opinion, advice or statement made within ArtDeadline.Com. Under no circumstances will Access Arts / ArtDeadline.Com be liable for any loss or damage caused by a Subscriber's reliance on information obtained through Access Arts / ArtDeadline.Com.  It is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Access Arts / ArtDeadline.Com.. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

INDEMNITY

You agree to indemnify and hold Access Arts, Inc., ArtDeadline.Com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post or transmit, and/or access through the Service, and your overall use of the Service and it's provided information, your connection to the Service, or your violation of any rights of another.

You agree that you will not submit any Content to ArtDeadline.Com / Access Arts that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. By submitting Content you automatically grant -- or warrant that the owner of such Content has expressly granted -- Access Arts  / ArtDeadline.Com the royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, perform and display such Content (in whole or part) worldwide. (In more simple terms, that you are simply allowing us to publish your submitted news in the format provided by Access Arts  / ArtDeadline.Com).

MODIFICATIONS TO SERVICE

Access Arts, Inc. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Access Arts shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

TERMINATION

You agree that Access Arts, Inc. in its sole discretion, may terminate your password, account, (or any part thereof) or use of the Service, and remove and discard any content within the Service, for any reason, including, without limitation, for lack of use or if Access Arts believes that you have violated or acted inconsistently with the letter or spirit of the "Subscription". Access Arts may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Access Arts may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Access Arts shall not be liable to you or any third-party for any termination of your access to the Services.

PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except as expressly authorized by Access Arts or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

DISCLAIMER OF WARRANTIES 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

a. ACCESS ARTS, INC. / ARTDEADLINE.COM, OWNERS AND BUSINESS ASSOCIATES CANNOT AND DOES NOT GUARANTEE THE ACCURACY OF THE INFORMATION SUPPLIED TO THEM BY OTHERS, OR ANY INFORMATION ON PAGES LINKED TO ARTDEADLINE.COM PAGES OR WITHIN IT'S PRINT PUBLICATIONS.  NO RESPONSIBILITY FOR THIS INFORMATION CAN BE, OR IS, ASSUMED. INCLUSION ON THIS SITE DOES NOT INDICATE OR IMPLY AN ENDORSEMENT BY ACCESS ARTS / ARTDEADLINE.COM OF ANY ORGANIZATION, SITE OR INFORMATION.

b. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACCESS ARTS, INC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

c. ACCESS ARTS, INC MAKES NO WARRANTY THAT

(i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

d. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

e. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ACCESS ARTS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

LIMITATION OF LIABILITY 

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCESS ARTS SHALL 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 ACCESS ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. 

ADDENDUM SERVICES

Art Project Funding Initiative Service (APFI)

a. Artists Agreement

Access Arts may grant certain artists selected and approved by Access Arts the right to create blogs and showcases to be displayed on this and other Access Arts owned websites. Such Artists may also submit new projects ("Projects") for the purpose of seeking public donations to Access Arts to fund the Projects. Any Projects submitted by Artists will be subject to these Terms of Use and a separate Artist Grant Agreement to be entered into between the Artists and Access  Arts. Projects submitted to Access Arts may be rejected in the sole and absolute discretion of Access Arts. Access Arts may approve or deny any request for "Artist" status, and may revoke any previously granted "Artist" status, in its sole and absolute discretion. You hereby release Access Arts from any and all claims, damages, liabilities and causes of action arising out of any rejection of a request for "Artist" status.

In the event that donations are submitted directly to Access Arts via any means, such as online donation forms, by mail, etc, we will only distribute such funds to individual Artists once a specific Project Goal, as agreed with artist prior to publication, reaches its targeted funding.  In addition, the first $25 of every campaign managed by us, will be collected as adminstractve costs and not considered to be a donation for artist distribution.  Any donations made directly to the artist by a donor that does not involve administration by the use is available with cost.
   
b. Donors of Cash, Material, Products or In-kind Service Agreement
Any user who of our services may become a donor ("Donor") by making a donation to Access  Arts and making a recommendation to fund one or more Projects. You acknowledge and agree that you are under no obligation to become a Donor or to make a donation and that you will be solely responsible for any decision to become a Donor. In the event that you should decide to become a Donor, your donation will be subject to these Terms of Use.

You understand and agree that your donation is being made to Access  Arts and not to an individual Artist or Project. You further understand and agree that Access  Arts has exclusive legal control over all donations.  While Access  Arts will give careful consideration to all Donor recommendations, it is under no legal obligation to use your donation to fund any particular Project or Artist recommended by you.  Furthermore, Access  Arts will only distribute donated funds to individual Artists once a specific Project reaches its targeted funding.  It is possible that the Project recommended by you will not reach its targeted funding and that Access  Arts will not distribute donated funds to your recommended Artist or Project. ALL DONATIONS ARE FINAL AND NON-REFUNDABLE. Donations to Access  Arts represent irrevocable gifts subject to the legal and fiduciary control of the organization's Board of Directors.

You understand and agree that your donation will not be refunded to you, in whole or in part, and you may not cancel or withdraw your donation for any reason.  Without limiting the generality of the foregoing, Access  Arts will not refund your donation to you in the event that your recommended Artist fails to complete a fully funded Project, your recommended Artist fails to deliver any anticipated perks.  Tax deduction for your donation is not available.

In the event that you make a donation, you will be required to provide credit card or other payment information at the time of the donation. You represent and agree that all payment information you provide to Access  Arts will be true, accurate, current and complete. In the event that your payment cannot be processed due to inaccurate payment information, insufficient funds, or any other reason, you agree to immediately provide Access  Arts with alternative payment information to fulfill your donation.

In the event that you make a donation and Access  Arts and your donation is used to fund a Project, your donation may entitle you to receive certain perks to be provided by the Artist as more fully described in the Project and as identified at the time of your donation. You understand and agree that Access  Arts is not responsible for providing any perks, that any such perks will be provided directly to you by the Artist upon completion of the Project, that your donation is not contingent upon receiving any perks, and that your donation will not be refunded to you in the event that the Artist fails to provide you with any perks even if such perks are described in the Project at the time of your donation.

If you receive any perks as a result of your donation, the amount of your contribution is not deductible for federal and state income tax purposes.

Unless you expressly notify Access  Arts to the contrary, Access  Arts and the applicable Artists shall have the right, but not the obligation, to list your name as a Project contributor in any programs, publications or public announcements with respect to any Project for which you recommended funding. You hereby release Access  Arts from any and all claims, damages, liabilities and causes of action arising out of or related to your donation, including but not limited to the failure of any Projects to be approved for funding, the failure of any Artists to complete any Projects, the failure of any Artists to provide you with any promised perks, your inability to obtain a tax deduction for your donation, the listing or failure to list your name as a Project contributor and/or the use of your donation by Access  Arts to fund a Project or Artist that you did not recommend.

GENERAL INFORMATION 

The TOS constitute the entire agreement between you and Access Arts,  Access Arts, Inc / ArtDeadline.Com and all other services owned and managed by Access Arts Inc, and govern your use of the Service, superceding any prior agreements between you and Access Arts,  Access Arts, Inc / ArtDeadline.Com. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Access Arts,  Access Arts, Inc / ArtDeadline.Com, shall be governed by the laws of the State of Hawaii without regard to its conflict of law provisions. You and Access Arts,  Access Arts, Inc / ArtDeadline.Com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Honolulu, Hawaii. The failure of Access Arts, Inc,  to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any violations of the TOS to our Customer Care group via online contact form. Please note that we do not provide phone sales. No solicitors please.

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