Terms of use

Definitions

• THE PROVIDER - S.C. TAGSTER S.R.L.
• Visitor - anyone accessing the website
• Member - any user which has an artsilo.com account
• Service - the entire collection of resources and tools currently or originally hosted on the artsilo.com domain, irrespective of the medium or device used to access this content.

THE PROVIDER operates ArtSilo.com, a social networking and photo sharing website which allows Members to create unique personal profiles online in order to communicate with fellow photographers and artists. The current jurisdiction of this document is that of Bucharest, Romania and this applies to any visitor or member regardless of their respective location at the time of use. By accessing and using the Service you agree to accept and abide to these Terms of Use.

THE PROVIDER might update these terms anytime and without prior notice so it’s advisable to periodically review these terms since continuing to use the Service will constitute your acceptance of these changes.

In order to use the Service, you represent that are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Romania or other applicable jurisdiction. You also agree:

• to provide true, accurate, current and complete information about you as prompted by the Service's various data collecting interface.
• maintain and promptly update any data provided as to maintain its relevance and accuracy.

Any failure in providing information following the criteria stated above or any doubts regarding that data's validity give THE PROVIDER the right to terminate your account, suspend current or further access to the Service without any notice.

THE PROVIDER offers it's users access to the Service, As part of the Service, the users will also be provided with advertisements and may receive different service announcements, administrative messages, newsletters which will not feature an opt out option. THE PROVIDER assumes no responsibility about the timeliness, deletion, miss-delivery or failure to store any user communications, content or personal settings. Also, you have sole responsibility in respect to obtaining access to the Service and will assume any fees regarding that access (airtime, internet service provider, equipment etc fees).

Upon completing the sign-up process you will be granted an account and a password which will give you access to the list of services restricted to members. You are solely responsible for the confidentiality of your account information as well as all actions initiated, maintained or completed by that account. You must immediately notify THE PROVIDER in case of unauthorized use of your account or any breach of security. You must also sign out at the end of each session in order to minimize security risks on your account.

Creating duplicate accounts regardless of the reason, is strictly forbidden and will lead to immediate termination of all the accounts suspected to belong to that user.

Any data uploaded on the website; regardless of its type (text, images, audio, video, animations etc) is the sole responsibility of the person from whom the Content originated. Therefore, you agree to defend and protect THE PROVIDER from any legal claims in relation to the Content. THE PROVIDER makes no guarantee about the quality or type of the content uploaded, transferred or viewed by its Visitors. As data is not filtered before being published, THE PROVIDER has the right to delete, deactivate or edit any materials that it considers inappropriate without notification and without guaranteeing the existence of that material on the servers from that moment on. Also, THE PROVIDER retains the right to maintain content on it's servers if it suspects it might violate current laws and might help in case of legal issues.

You agree to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable either to minors or adults;
• impersonate any person or entity, including but not limited to a representative of THE PROVIDER, member, group owner etc or falsely state or misrepresent your affiliation with a person or entity;
• manipulate or alter in any way the source code, URLs, parameters or any other documents or transfers related to the website in order to gain access to further resources or hide the true origin of the Content transmitted through the service. You agree that even in the case you might gain access to this type of information not to disclose it privately nor publicly through any known or future means of communication and not to use it either personally or commercially;
• upload or transmit in any way available through the Service of any type of data that you do not fully own the respective rights (as might be the case of copyright, confidentiality agreements etc);
• upload or transmit in any way unsolicited or unauthorized advertising, promotional materials, and other known and future forms of spam and commercial solicitations;
• upload or transmit in any way and by any means content that might pose direct and indirect security risks to the Service (such as viruses, hacking materials and techniques etc). Also you must not in any way interfere with the normal activity of the servers or of the network infrastructure used to access the servers;
• disrupt the normal flow at which information is presented by flooding the system (cases such as posting a large number of comments etc);
• stalk or harass other people and/or collect or store personal data about any of the members of the Service. You understand and agree that an acceptable way of using the Service means viewing random information posted through the Service without aggregating, data mining or executing any other statistical activities with data provided by the Service.

You acknowledge, consent and agree that THE PROVIDER will disclose any information regarding your account if required to do so by law or if it finds it helpful in cases such as legal issues, enforcing the present terms, as a response to claims that a third party's right has been violated, to respond to customer service inquiries, to protect THE PROVIDER's rights etc.

THE PROVIDER does not claim ownership of Content you submit or make available through the Service. Still you do agree to grant THE PROVIDER worldwide, royalty-free and non-exclusive license(s), as applicable:

• regarding multimedia files (photos, graphics, audio, video etc) you submit to areas of the Service where access is free of charge, a free license to use, distribute, reproduce, modify, adapt, publicly perform and display Content on other such areas of the Service either independently or by aggregating it along other Content, irrespective of the communication channel used for distribution. The license will expire when you remove that specific piece of Content from the Service, for any dynamic past, present and future services. For static ones already published (such as freely downloadable PDF documents etc) and derivatives of those, it will continue to exist.
• regarding any Content type other than multimedia files, such as text data, that you submit or make available through the service, perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content in whole or in part and to derive or include such Content in future works irrespective of the format or medium used.
• regardless of the Content type, a free license for use in any form of promotional and advertising communications of the Service.

By using the feedback tools available (forms, email etc) you acknowledge and agree that:

• your Contributions are free of confidential and proprietary information
• THE PROVIDER has no obligation about the confidentiality, express or implied, regarding the Contributions
• THE PROVIDER has the right to freely use such Contributions worldwide irrespective of the purpose, way or media and without any obligation, compensation or reimbursement under any circumstances;
• your contributions become the property of THE PROVIDER without any obligations whatsoever;

You agree to indemnify and hold THE PROVIDER and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, publish, transmit or otherwise make available through the Service or through any of your relations to the Service or it's use.

You agree not to reproduce, duplicate, copy, sell trade, resell or exploit for any commercial purposes any portions of the Service, use of the Service or access to the Service.

THE PROVIDER reserves the right to set usage and storage practices and settings which might affect current Content available through the Service. Thus you agree not to hold it responsible for any loss of Content that could arise from changes in the storage settings, algorithms and other technical or non technical parameters of the Service.

THE PROVIDER reserves the right to modify, discontinue, either temporarily or permanently, the Service (in whole or in part) without the obligation to notify its users. You agree that this will not imply any liability to you or any third party for such changes mentioned above.

Given the nature of the Service, it might provide either directly or indirectly links or means of accessing outside content such as websites or resources. Because THE PROVIDER may not have control over such content it is not endorsing or affiliating with any such communications. Thus you agree it is not responsible or liable for any effect determined by accessing such outside content. That responsibility and liability lies solely with the owner of the site/content and the visitors/members accessing that content.

You acknowledge and agree that the Service, any content published directly by THE PROVIDER and any software used within the Service or in connection to it contain proprietary and confidential information protected by applicable intellectual properties laws as well as other laws.

You agree not to change, rent, lease, loan, sell, distribute or create derivative works from the Service either in whole or in part without the prior written consent of the copyright owner.

THE PROVIDER grants you a personal, non-transferable, non-exclusive license to use the Service, only through the interface and other tools made publicly available by THE PROVIDER.

You expressly understand and agree that:

• The Service is provided "AS IS" without any warranties either express or implied, and your use of the service is at your own risk. Also THE PROVIDER makes no warranty whether it will meet your requirements, the level of quality or availability, the results of using it.
• any negative results such as but not limited to loss of data from using any material obtained in any way through the use of the Service are solely your responsibility;
• none of the responses or communications obtained from THE PROVIDER, regardless of the way it was transmitted will create any warranty;

THE PROVIDER respects the copyright of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with a written communication including substantially the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Web site;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Please address your inquiry at support@artsilo.com. Bear in mind that due to the nature of the Internet, communications might be lost or intercepted. Therefore THE PROVIDER will not be liable for any damages arising from that loss of communication. When sending such inquiries you must also acknowledge and accept to follow the feedback rules stipulated in this document.

THE PROVIDER’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.

THE PROVIDER retains full copyright of the Service and any tools related it. It does not transfer any rights other than the ones mentioned in this documents, to its users.

THE PROVIDER will not be liable for any loss or damage arising from your failure to comply with these terms.