Art Division (the "Services") provides a collection of tools and resources to create, launch, and manage online market ing campaigns. The following are the terms and conditions for use of the Services, along with any amendments thereto and any ope rating rules or policies that may be published from time to time by Art Division.
1. Services and Support
1.1 The Services are provided subject to the following terms and
conditions and any operating policies that Art Division may establish
(the "Agreement").
Art Division may make changes to this Agreement, and continued use of the
Service constitutes Customer's acceptance of any such changes. In addition,
when using particular Art Division services, Customer and Art Division
shall be subject to any posted guidelines or rules applicable
to such Services
that may be posted from time to time.
1.2 The Services are available only to persons who can form legally binding
contracts under applicable law. Without limiting the foregoing, the Services
are not available to individuals under the age of 18. If you do not qualify,
please do not use the Services.
1.3 The Services provide corporate web sites, small business web sites, and
community sites the tools to sign up web site visitors, collect and retrieve
visitor sign-up data, and develop and execute simple interactive marketing
communications with visitors.
1.4 Customer must complete a registration form in order to use the Services.
Customer will provide true, accurate, current, and complete information about
Customer as requested in the registration form, and will update the information
to keep it current. As part of the registration process, Customer will identify
an e-mail address and password for Customer's Art Division account. Customer
is responsible for maintaining the security of the Customer account, passwords,
and files, and for all uses of Customer's account and of the Services in Customer's
name. Art Division reserves the right to refuse registration of, or cancel,
accounts it deems inappropriate.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services, and Customer is not granted
a license to any software by this Agreement. Customer will not,
directly or indirectly:
reverse engineer, decompile, disassemble, or otherwise attempt to discover
the source code, object code, or underlying structure, ideas, or algorithms
of the Services or any software, documentation, or data related to the
Services ("Software"); modify, translate, or create derivative works based
on the Services or any Software; or copy (except for archival purposes), distribute,
pledge, assign, or otherwise transfer or encumber rights to the Services or
any Software; use the Services or any Software for timesharing or service bureau
purposes or otherwise for the benefit of a third party; or remove any proprietary
notices or labels.
2.2 Customer represents, covenants, and warrants that Customer will use
the Services only in compliance with Art Division 's privacy policies
as published at the www.artdivision.co.uk Web site or otherwise furnished
to Customer (the "Policy") and all applicable laws (including
but not limited to policies and laws related to spamming, privacy, obscenity,
or defamation). Customer may not access or otherwise use third party mailing
lists in connection with preparing or distributing unsolicited e-mail
to any third party. Customer hereby agrees to indemnify and hold harmless
Art Division against any damages, losses, liabilities, settlements, and
expenses (including without limitation costs and reasonable attorneys
fees) in connection with any claim or action that arises from an alleged
violation of the foregoing. Although Art Division has no obligation to
monitor the content provided by Customer or Customer's use of the Services,
Art Division may do so and may remove any such content or prohibit any
use of the Services it believes may be (or alleged to be) in violation
of the foregoing.
2.3 For every e-mail message sent in connection with the Services, Customer
acknowledges and agrees that the Services shall automatically add an identifying
footer stating "Powered by Art Division " or a similar message.
2.4 In using the varied features of the Services, Customer may provide
information (such as name, contact information, or other registration information)
to
Art Division . Art Division may use this information and any technical
information about Customer's use of this web site to tailor its presentations
to Customer,
facilitate Customer's movement through this web site, or communicate separately
with Customer. Art Division will not provide information to companies Customer
has not authorized, and Art Division will not permit the companies that
get such information to sell and redistribute it without Customer's prior
consent.
3. Termination
3.1 Customer may terminate this Agreement at any time by sending an e-mail
message to support@artdivision.co.uk, by sending written notice to,
Art Division, 4 Palmerston Court, Palmerston Road, Sutton, Surrey, SM1 4QL
or by pressing the 'cancel my account' button under 'account details'
section of the control panel.
3.2 Art Division may terminate this Agreement or the Services at any time
with or without cause, and with or without notice. Art Division shall
have no liability to Customer or any third party because of such termination.
3.3 Upon termination for any reason, Art Division may delete any Customer
archived data within 30 days after the date of termination. All sections
of this Agreement which by their nature should survive termination will
survive termination, including, without limitation, warranty disclaimers
and limitations of liability.
3.4 If Customer does not log into its account for more than 90 days, the
account may become inactive. When an account is classified (at Art Division
's sole discretion) as inactive, Art Division will notify Customer by
e-mail. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT
AND ITS DATA, INCLUDING SIGNUP CAMPAIGN RESULTS,MAY BE PERMANENTLY REMOVED
FROM THE ART DIVISION DATABASE.
3.5 If a Customer cancels an account within the first 6 months of registration,
Art Division Ltd. has the right to charge a cancellation fee of £50.00
+ VAT, which covers the design cost of the bespoke newsletter.
4. Warranty Disclaimer
CUSTOMER USES THE SERVICES AT ITS OWN RISK. ART DIVISION DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ART DIVISION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
5. Limitation of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR PERSONAL INJURY OR DAMAGE TO REAL OR TANGIBLE PERSONAL PROPERTY PROXIMATELY CAUSED BY ART DIVISION , ART DIVISION AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ART DIVISION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Export of Services or Technical Data
Customer may not remove or export from the United Kingdom or allow the export or re-export of the Services, or any direct product thereof, including technical data, in violation of any restrictions, laws, or regulations of the United Kingdom or any other applicable country.
7. Miscellaneous
7.1 If any provision of this Agreement is found to be unenforceable
or invalid, that provision will be limited or eliminated
to the minimum extent necessary
so that this Agreement will otherwise remain in full force
and effect and enforceable.
7.2 Both parties agree that this Agreement is the complete
and exclusive statement of the mutual understanding of
the parties
and supersedes
and cancels all previous
written and oral agreements, communications, and other
understandings relating to the subject matter of this Agreement,
and that
all waivers and modifications
must be in a writing signed by both parties, except as
otherwise provided herein.
7.3 No agency, partnership, joint venture, or employment
is created as a result of this Agreement, and Customer
does not
have any
authority of any
kind to
bind Art Division in any respect whatsoever.
7.4 In any action or proceeding to enforce rights under
this Agreement, the prevailing party will be entitled to
recover
its costs and
attorneys fees.
7.5 These Standard Terms and Conditions and all other terms
of contract between Art Division Ltd. and the client shall
be subject
to the
laws of England.
7.6 We reserve the right to modify our pricing and we will
notify you by email when this occurs.
© 2006 Art Division Ltd.