Through artful.ly, we provide users with access to a variety of resources, including an event ticket purchasing system, business management software, and a donation processing system (collectively “Services”). The Services, including any updates, enhancements, new features, and the addition of any new web properties, are subject to the TOU.
Unless otherwise specified, the Services are for your personal use or use specific to an entity you represent or with which you are affiliated. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Services.
When you visit artful.ly, or when you send e-mails to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Permission to use documents available on the web site and related to the Services is granted, provided that (1) use of such documents from the Services is for informational use only and will not be copied or posted on any network computer or broadcast in any media, and (2) no modifications of any documents are made. You understand that any documents made available on this web site are to be used by our members and/or constituents for the purpose of assisting them in their use of the Services. Use for any other purpose is expressly prohibited by law. Documents specified above do not include the design or layout of the artful.ly web site or any other Fractured Atlas owned, operated, licensed or controlled site. Elements of Fractured Atlas web sites are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any of our web sites may be copied or retransmitted unless expressly permitted by us. We, our respective partners and affiliates make no representations about the suitability or accuracy of the information contained in the documents and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. We and/or our respective partners and affiliates hereby disclaim all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall we, our respective partners or our affiliates be liable for any damages whatsoever resulting from the use or loss or use of any documents, information, or tools published or made available on any of our web sites, whether in an action of contract, negligence, or other tortious action.
You must have an account to use the Services. To set up an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. When you set up your account, you will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your user name and password. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the express permission of both the account holder and us. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these TOU, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any of our servers, or any network connected to any of our servers, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any of our servers or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Artful.ly allows third parties to sell
tickets to performance events and certain other services. If you
wish to purchase products or services or if you wish to make a
donation through artful.ly, you will be asked to supply certain
information, including, without limitation, credit card and other
payment information. You understand that any such information will be
treated by us in the manner described in our Privacy
Policy. You agree that all information that you
provide in connection with your purchase or donation will be
accurate, current and complete. You agree to pay all charges incurred
by you or any users of your account and credit card (or other
applicable payment mechanism) at the price in effect when such
charges are incurred. You will also be responsible for paying any
applicable taxes relating to your purchases. The sale or purchase of
tickets to entertainment events or other services may be regulated by
certain state, county and city laws or regulations. You acknowledge
that complying with laws is your responsibility, and YOU AGREE NOT TO
HOLD US LIABLE FOR YOUR FAILURE TO COMPLY WITH ANY LAW OR OUR FAILURE
TO NOTIFY YOU OF, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW
ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO
US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT.
You represent and warrant that all information you provide, including
but not limited to all information concerning your name, address,
credit card number, and other identifying information of any nature
will be true, complete and correct, and that you will update all
information as it changes. You agree that you will only use credit
cards belonging to you or to some person or entity who expressly
authorizes such use, for the purpose of purchasing tickets or
services, or making donations, on artful.ly. You further agree that
you will not attempt to conceal your identity by using multiple
Internet Protocol (IP) addresses or email addresses to use or to
purchase tickets or services or make donations on artful.ly. You
grant us the right to provide any information you submit to third
parties for purposes of facilitating the completion of any
transactions initiated by you or on your behalf. Verification of
information may be required prior to the acknowledgment or completion
of any purchase or donation.
Price and availability of any product or service are subject to change without notice. Refunds and exchanges will be subject to our refund and exchange policies then in effect.
The Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets or other message or communication facilities designed to enable you to communicate with others (each a “Communication Service” and collectively “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. We reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. We reserve the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in it's sole discretion. Always use caution when giving out any identifying information about yourself in any Communication Services. We do not control or endorse the content, messages or information found in any Communication Services and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Services. Moderators are not authorized spokespersons, and their views do not necessarily reflect ours. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and dissemination; you are responsible for adhering to such limitations if you download the materials.
We do not claim ownership of the materials you provide to us (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) your Submission, you are granting us, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their internet businesses (including, without limitation, all Fractured Atlas Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of your Submission, as provided herein. We are under no obligation to post or use any Submission you may provide and we may remove any Submission at any time in its sole discretion. By Posting a Submission, you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these TOU including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. In addition to the warranty and representation set forth above, by Posting a Submission that contains images, photographs, pictures or that is otherwise graphical in whole or in part (“Images”), you warrant and represent that (a) you are the copyright owner of such Images, or that the copyright owner of such Images has granted you permission to use such Images or any content and images contained in such Images consistent with the manner and purpose of your use and as otherwise permitted by these TOU and the Services; (b) you have the rights necessary to grant the licenses and sublicenses described in these TOU; and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these TOU, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, you are granting (x) to all members of your private community (for each such Images available to members of such private community), and (y) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use your Images in connection with the use, as permitted by these TOU, of any of the Services (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Images without having your name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for Images will terminate at the time you completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time you completely remove such Images. No compensation will be paid with respect to the use of your Images.
We provide links to the web sites of certain other businesses, and we allow such third parties to sell performance tickets or other products or services on this web site. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the contents of their web sites. We do not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review their privacy statements and other conditions of use.
Disclaimer of Warranties and Limitation of Liability
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ARTFUL.LY OR ANY OTHER RELATED WEB SITE ARE PROVIDED BY US AS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS OR ANY OTHER RELATED WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OR ANY OTHER RELATED WEB SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS OR ANY OTHER RELATED WEB SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS OR ANY OTHER RELATED WEB SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OR ANY OTHER RELATED WEB SITE, THEIR SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS OR ANY OTHER RELATED WEB SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS OR ANY OTHER RELATED WEB SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
By visiting artful.ly, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern these TOU and any dispute of any sort that might arise between you and us.
Any dispute relating in any way to products or services sold by or on behalf of third parties through artful.ly, such as tickets to performance events, shall be between the purchaser of such products or services and the third party. Artful.ly reserves the right to refund any money paid for third party products and services through its web site without regard to the outcome of any dispute between the purchaser and the third party selling the products or services through artful.ly.
Any other disputes relating to your use of artful.ly, in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $1,000.00 shall be adjudicated in any state or federal court in New York County, New York, and you consent to exclusive jurisdiction and venue in such courts.
These TOU shall remain effective until terminated. We reserve the right to immediately terminate these TOU, and your access to and use of artful.ly or any portion thereof, at any time and for any reason, with or without cause. Upon termination of these TOU, your right to use artful.ly shall immediately cease, and you shall destroy all materials obtained from the web site and all copies thereof, whether made under these TOU or otherwise. You agree that any termination of your access to or use of the web site may be effected without prior notice, and that we may immediately deactivate or delete your password and user name, and all related information and files associated with it, and bar any further access to such information or files. You agree that we shall not be liable to you or any third party for any termination of your access to artful.ly or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Suspected Violation of these TOU or Law; Injunctive, Equitable Relief, and Liquidated Damages
Violations of these TOU, including
unauthorized use of the web site, may be investigated and appropriate
legal action may be taken, including without limitation civil,
criminal and injunctive redress. You understand and agree that in our
sole discretion, and without prior notice, we may terminate and block
your access to artful.ly, cancel your ticket or merchandise order and
tickets or merchandise acquired through your order, refuse to honor
pending and future purchases made from all credit card accounts or
online accounts we believe may be associated with you, cancel a
ticket or ticket order associated with any person acting or believed
to be acting in concert with you, cancel your ticket postings, or
exercise any other remedy available, if we believe that your conduct
or the conduct of any person with whom we believe you act in concert,
or any resale of such tickets purchased through artful.ly, violates
or is inconsistent with these TOU or the law, or violates our rights,
the rights of a client of ours or those of another user of the web
site. Violating any limitations or terms on artful.ly, including but
not limited to utilizing automated means to process or place ticket
orders or ordering a number of tickets that exceeds the stated limit,
will be deemed to be a violation of these TOU. If we are unable to
verify or authenticate any information or tickets you provide during
any registration, ordering, purchase, ticket posting, sale,
authentication, delivery, payment or remittance process, or any other
process, or if we are no longer able to verify or authorize your
credit card or bank account information, your tickets may be
cancelled, we may refuse to honor all pending and future ticket
purchases made on such credit card accounts and on any online
accounts associated with such credit card accounts, and you may be
prohibited from using the web site.
You agree that monetary damages may not provide us a sufficient remedy for violations of these TOU and you consent to injunctive or other equitable relief for such violations.
You agree that abusive use of the web site, as defined above, causes damage and harm to us in the form of, among other things, impaired goodwill, lost sales, and increased expenses associated with responding to abusive use of the web site. You further agree that monetary damages for abusive use of the web site are difficult to ascertain and that proof of monetary damages for abusive use would be costly and difficult to calculate. Accordingly you agree that liquidated damages are warranted for abusive use. Therefore, you agree that if you, or others acting in concert with you, alone or collectively request more than 100 pages of the Site in any twenty-four hour period, you, and those acting in concert with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) per page request each time that a page request is made after that first 100 during that twenty-four hour period. You also agree that this will be the measure of damages for any abusive use that occurred prior to this provision of these TOU being in effect.
We are not required to provide any refund to you if you have violated these TOU or any of our rights. Additionally, we reserve the right, in our sole discretion, to modify, suspend or discontinue any part of this web site at any time, with or without notice to you. We also reserve the right, in our sole discretion, to impose limits on certain features and services and to restrict access to any part or to the entire web site without notice to you. We shall not be liable to you or any third party for any claim or cause of action arising out of our exercise of the foregoing rights.
You agree to indemnify, defend and hold
us, our affiliates, licensors, suppliers, advertisers and sponsors,
and their respective directors, officers, employees, consultants,
agents and other representatives, harmless from and against any and
all claims, damages, losses, costs (including reasonable attorneys'
fees) and other expenses that arise directly or indirectly out of or
from (a) your breach of these TOU; (b) and your activities in
connection with the web site.