A. GENERAL TERMS
1. Additional Policies
Subscription Services Terms
Terms of Sale
Our Terms of Sale set forth in Section C below contain additional terms, conditions and policies applicable to your purchase of Products through the Services. By ordering Products through the Services, you agree to be bound by and accept the Terms of Sale.
Please note that if you download Media from the Services, you are not automatically granted any license rights to such Media. Any Media license will be expressly communicated by the Content Owner at the time such Media is downloaded or purchased (e.g., on the forzandoArts shopping cart page). If you have any questions regarding Media licenses, please contact us.
forzandoArts respects the intellectual property rights of others and expects its users to do the same. To that end, all forzandoArts users are subject to the Copyright Policy set forth in Section E below.
The forzandoArts Services and all images, sounds, software, platforms, tools, graphics, data, text, code, the forzandoArts Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the "forzandoArts Materials") are the property of forzandoArts or its third party licensors and are protected by United States and international intellectual property laws.
You acknowledge that (i) all right, title and interest in and to the forzandoArts Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with forzandoArts or its third party licensors; (ii) no right or interest in the forzandoArts Materials is conveyed other than the limited licenses granted herein; (iii) the forzandoArts Materials are protected by copyright and other intellectual property laws; and (iv) forzandoArts asserts that the forzandoArts Materials embody valuable confidential and secret information of forzandoArts or its licensors, the development of which required the expenditure of considerable time and money.
3. forzandoArts Marks
You acknowledge that "forzandoArts", the forzandoArts logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of forzandoArts contained in the Services are trademarks of forzandoArts (collectively, the "forzandoArts Marks") and may not be copied, imitated or used without the prior written permission of forzandoArts. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
forzandoArts may provide users with tools to download the forzandoArts Marks via the Services. If you download or otherwise obtain the forzandoArts Marks using such tools, forzandoArts grants you a limited right to (i) use the forzandoArts Marks for the sole purpose of referencing the Services and (ii) to use only those forzandoArts Marks that are made available to you by forzandoArts through such tools. Your use of any forzandoArts Marks must be consistent with the size, dimensions, color and other characteristics of the forzandoArts Marks and consistent with any other policies concerning the forzandoArts Marks that we may post on the Site or otherwise make available through the Services from time to time. You may not (i) alter or change the appearance of the forzandoArts Marks, (ii) use the forzandoArts Marks in any manner that suggests forzandoArts sponsors or endorses a product, service, promotion, contest, or (iii) use the forzandoArts Marks for any other purpose deemed by forzandoArts to be inappropriate. forzandoArts has the right to revoke your right to use the forzandoArts Marks at any time at our sole discretion.
You agree that you will not (i) modify or alter the forzandoArts Materials; (ii) create derivative works of the forzandoArts Materials; (iii) decompile, disassemble, decode or reverse engineer the forzandoArts Materials, translate the forzandoArts Materials or otherwise attempt to learn the source code, structure, algorithms or internal ideas underlying the forzandoArts Materials or reduce the forzandoArts Materials by any other means to a human-perceivable form; or (iv) bypass, delete or disable any copy protection mechanisms or any security mechanisms in the forzandoArts Materials.
Except as otherwise expressly permitted herein, you may not use the Services or the forzandoArts Materials to engage in any of the following prohibited activities:
- the collection, copying or distribution of any portion of the forzandoArts Materials;
- any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the forzandoArts Materials;
- modifying or otherwise making any derivative uses of the Services or the forzandoArts Materials;
- scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
- with the exception of Media made available by users for download, the downloading of any portion of the forzandoArts Materials or any information contained therein; or
- any use of the Services or the forzandoArts Materials other than for their intended purposes.
You may create a text hyperlink to the Site, provided such link does not portray forzandoArts or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by forzandoArts at any time. You may not frame the Site or utilize framing techniques to enclose the Site, forzandoArts Materials, forzandoArts Marks or other proprietary information without forzandoArts's express prior written consent.
As a part of the Services, we may provide you with access to and use of certain personalized pages and corresponding web addresses ("URLs") that you may customize. forzandoArts does not guarantee the availability of any particular web page or URL and reserves the right, at any time and at our sole discretion, to reclaim, suspend, terminate and/or transfer any such web page or URL.
6. User Content
The Services may enable you to upload, post and transmit Photos and Videos to the Site, or other portions of the Services, or to third-party services (such as your SmugMug and IFTTT accounts), and also provide you with access to discussion forums, blogs and other interactive areas in which you or other users may post or transmit Photos, Videos, text, music, messages, information or other content or materials (collectively, including Media, the "User Content").
You retain all intellectual property rights in and to any User Content you post, upload or otherwise make available through the Services, including the copyright in and to your Media. forzandoArts does not claim any ownership, right, title or interest in and to your User Content. When interacting with third-party services, your intellectual property rights are subject to those service's terms.
Notwithstanding the foregoing, by uploading and/or posting any User Content to the Site or otherwise by using the Services, you grant forzandoArts a perpetual, nonexclusive and royalty-free right to use the User Content (and any other information that is submitted in connection with such User Content) as is reasonably necessary in order to enable forzandoArts to provide the Services, including to display or transmit the User Content on the Services or through third-party services such as IFTTT and SmugMug, to facilitate (at the Content Owner's direction) the license of Photos, or to process the sale of Products through the Services.
7. Acceptable Use; Disclaimer
You are solely responsible for the User Content that you post or transmit using the Services and you agree not to post, transmit or otherwise publish through the Services any of the following:
- User Content that is unlawful, defamatory, obscene, pornographic, indecent, lewd, sexually suggestive, hateful, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or harmful, including without limitation: Photos, Videos or other User Content containing nudity that would be unacceptable in a public museum where minors visit;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, endanger national security, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- unsolicited promotions, political campaigning, advertising or solicitations;
- private information of any third party, including, without limitation: addresses, phone numbers, email addresses, social security numbers and credit card numbers;
- viruses, corrupted data or other harmful, disruptive or destructive files; and
- User Content that, in the sole judgment of forzandoArts, is objectionable, harmful or which restricts or inhibits any other person from using or enjoying the Services, or which may expose forzandoArts or its users to any harm or liability of any nature.
8. Your Account
9. Account Security
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
User Content that you post, upload or otherwise make available via the Services may be accessed, used and downloaded by other forzandoArts users. You understand and acknowledge that any User Content contained in public areas of the Services, including any comment boards or other portions of the Services, is accessible to the public and could be accessed, downloaded, indexed, archived, linked to and republished by others including, without limitation, appearing on other websites and in search engine results.
We use commercially reasonable security measures to protect your account and User Content consistent with your Account Settings. We cannot, however, guarantee absolute security of your account, your User Content or the Registration Data we collect, and we cannot promise that our security measures will prevent third party "hackers" from illegally accessing the Services or their contents. forzandoArts is not responsible or liable for any third party access to or use of the User Content you post or your Registration Data. You agree to immediately notify forzandoArts of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, User Content and any other information you provide to forzandoArts.
10. Third Party Services
forzandoArts does not imply affiliation, approval, or control of any Third Party Services by making such Third Party Services available via the forzandoArts Services. forzandoArts makes no claim or representation regarding, and accepts no responsibility for, the quality, accuracy, nature, ownership or reliability of Third Party Services. YOUR USE OF ANY SUCH THIRD PARTY SERVICES IS SOLELY AT YOUR OWN RISK AND SUBJECT TO THE APPLICABLE TERMS AND CONDITIONS AND PRIVACY POLICIES APPLICABLE TO SUCH THIRD PARTY SERVICES.
11. Advertisements and Promotions
The Services may contain third party advertisements and promotions generated or posted by forzandoArts users, forzandoArts Vendors or other third party service providers.
Your business dealings or interactions with any third parties, including the forzandoArts users or forzandoArts Vendors, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. forzandoArts does not endorse, approve, or control any such products, services, advertising or promotions posted to the Services by its users or the forzandoArts Vendors. forzandoArts is not responsible or liable for any loss or damage of any kind incurred as the result of your direct dealings with forzandoArts users or a forzandoArts Vendor or otherwise resulting from the presence of advertisements for third party products and services included on the Services.
12. DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE FORZANDOARTS MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FORZANDOARTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE FORZANDOARTS MATERIALS, AND THE PRODUCTS.
FORZANDOARTS DOES NOT REPRESENT OR WARRANT THAT THE forzandoArts MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM FORZANDOARTS OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FORZANDOARTS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. FORZANDOARTS ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
13. LIMITATION OF LIABILITY
IN NO EVENT WILL FORZANDOARTS OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE FORZANDOARTS MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM FORZANDOARTS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO FORZANDOARTS'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF FORZANDOARTS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE USER CONTENT OR THE FORZANDOARTS MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO FORZANDOARTS FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
15. Dispute Resolution
Agreement to Arbitrate & Waiver of Representative Actions
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH FORZANDOARTS AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. IF YOU DO NOT CONSENT TO THE TERMS OF THIS SECTION 15, YOU ARE NOT PERMITTED TO USE THE FORZANDOARTS SERVICES.
The arbitrator will not be bound by rulings in prior arbitrations involving different forzandoArts users but is bound by rulings in prior arbitrations involving the same forzandoArts user to the extent required by applicable law. The arbitrator's award will be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
YOU AND FORZANDOARTS AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND FORZANDOARTS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER FORZANDOARTS USERS.
We welcome feedback from our users regarding ideas and suggestions for improvements to the Site, Services and Products. forzandoArts will be entitled to use any such feedback without restriction, even if you designate such feedback as confidential. You hereby grant forzandoArts a royalty-free, sublicensable, transferable, perpetual, irrevocable license in and to any feedback to use in any matter related to the operation of our business.
18. International Users
forzandoArts is located in the State of Illinois in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with forzandoArts occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
21. Questions or Comments
forzandoArts is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us.
B. ADDITIONAL TERMS APPLICABLE TO SUBSCRIPTION SERVICES ("SUBSCRIPTION SERVICES TERMS")
The Subscription Services are available to users (i) who register for a free trial (when available) or for a subscription to the Subscription Services ("Subscription") and (ii) who pay in full the Subscription fees ("Subscription Fees") applicable to the level of Subscription selected by such user (the "Subscription Plan").
2. Free Trials
When you first register for the Subscription Services, forzandoArts may offer you the ability to use the Subscription Services without charge for a limited trial period (a "Free Trial"). The duration of a Free Trial will be the number of days specified by forzandoArts at the time of your registration for such Free Trial. You do not need to provide forzandoArts with a credit card or other Payment Information in order to register for a Free Trial. At the conclusion of your Free Trial, your user account will automatically terminate unless you elect to continue to use the Subscription Services by selecting a Subscription Plan and providing forzandoArts (or our applicable third party payment processor) with valid Payment Information. Upon forzandoArts's receipt of your Payment Information, you will be charged for the Subscription Fee applicable to your selected Subscription Plan. forzandoArts may offer you the ability to register for a Subscription directly without the need to participate in a Free Trial.
3. Subscription Plans
forzandoArts offers a variety of Subscription Plans designed to reflect the diverse needs of our users, each with its own features, descriptions, functionality and terms with respect to the use of the Services. A description of each Subscription Plan that is currently offered by forzandoArts is available here. By purchasing a Subscription, (i) you agree to pay all applicable Subscription Fees and other charges in accordance with your selected Subscription Plan, pursuant to the renewal and termination provisions described below (including any applicable taxes, such as sales tax), and (ii) you agree that you are only entitled to the features and services applicable to the Subscription Plan that you select at the time you purchase a Subscription.
Each Subscription is personal to the individual forzandoArts user. You may not transfer or assign your Subscription to another individual, entity or forzandoArts user unless such transfer or assignment is expressly permitted by the terms of your Subscription Plan.
4. Term and Automatic Renewal
Your Subscription is valid commencing on the date in which forzandoArts provides you with access to the Services pursuant to its receipt of your valid Payment Information (the "Commencement Date") and will last for the duration of the Subscription term that you select at the time of your registration for the Subscription Services (the "Subscription Term").
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR SUCCESSIVE SUBSCRIPTION TERMS OF THE SAME DURATION AS THE SUBSCRIPTION TERM ORIGINALLY SELECTED UNLESS THE SUBSCRIPTION IS TERMINATED AND/OR CANCELED BY YOU OR FORZANDOARTS PRIOR TO THE END OF SUCH SUBSCRIPTION TERM. SUCH RENEWAL WILL OCCUR AUTOMATICALLY ON THE APPLICABLE ANNIVERSARY OF THE COMMENCEMENT DATE. YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME PRIOR TO THE END OF THE SUBSCRIPTION TERM BY SUBMITTING A CANCELLATION REQUEST, PROVIDING CLEAR WRITTEN NOTICE OF SUCH REQUEST. You agree that upon such renewal, the credit card or other designated payment method in your Account Settings will be billed the applicable Subscription Fee for your Subscription Plan then in effect at the time of renewal. If you disagree with these automatic renewal provisions, your sole remedy is to cancel or terminate your Subscription.
You may upgrade your Subscription Plan at any time during the Subscription Term by notifying forzandoArts. If you upgrade your Subscription Plan, the credit card or other designated payment method in your Account Settings will be billed for the difference in price, pro-rated for the remainder of your Subscription Term.
You acknowledge that the amount of the recurring charge at the time of Subscription renewal may differ from the Subscription Fees you originally paid for the Subscription Services if: (i) the Subscription Fee for your Subscription Plan changes during your applicable Subscription Term, or (ii) if you change your Subscription Plan or Subscription Term during the previous Subscription Term. forzandoArts will notify you of any changes to the Subscription Fee prior to the date on which your Subscription Term will renew. You hereby agree to any such revised Subscription Fees and your sole remedy if you disagree with such changes is to terminate your account and stop using the Subscription Services.
forzandoArts reserves the right at any time, at its sole discretion and without notice, to suspend, modify, discontinue or permanently cancel the Subscription Services or any portions thereof, including the Subscription Plans and any policies, features and terms applicable thereto. If the Subscription Services, or any part thereof, to which you subscribe are permanently discontinued or canceled by forzandoArts, your Subscription will terminate, and we will have no further liability to you. You acknowledge that the Subscription Services may be interrupted from time to time, with or without notice, for maintenance, upgrades, system updates or in the event of equipment failure or for any other foreseeable or non-foreseeable cause.
FORZANDOARTS WILL HAVE NO LIABILITY TO YOU FOR ANY INTERRUPTION, SUSPENSION, DISCONTINUANCE OR UNAVAILABILITY OF THE SUBSCRIPTION SERVICES FOR ANY REASON, OR FOR ANY LOSS OR INABILITY TO ACCESS ANY MEDIA OR MATERIALS ON THE SERVICES.
6. Termination of Services
You may request the termination of your Subscription at any time by requesting cancellation your account, providing clear written notice of such request. When forzandoArts receives your termination request, forzandoArts will terminate your Subscription and notify you of such termination via email. forzandoArts may request additional information from you prior to terminating your Subscription. Your Subscription is not terminated until you receive confirmation of such termination from forzandoArts. If you terminate your Subscription, such termination will be effective immediately upon your receipt of such confirmation from forzandoArts, regardless of whether there is any period of time remaining in your Subscription Term. By way of example and not in limitation of the foregoing, if you request the termination of your Subscription and you have two months remaining in your Subscription Term, such termination is effective immediately and you will not have access to the Subscription Services for the remaining two months of such Subscription.
All Subscription Fees are nonrefundable. Upon termination, cancellation or discontinuation of your Subscription for any reason, you will not be entitled to receive a refund for any Subscription Fees or other amounts previously charged to you, or for any unused portion of any Subscription Fees if such termination, cancellation or discontinuation occurs prior to the expiration of the applicable Subscription Term.
You may change your email, credit card information or other Payment Information for your account by using your user account. It is solely your responsibility to keep your account information and Payment Information accurate and up-to-date. If the Payment Information for your account is invalid and cannot be billed for the renewal Subscription Fee at the time such Subscription Fee is payable and due, then forzandoArts may terminate your account for nonpayment. If forzandoArts does not have a current, working email address for your user account, then you may not receive important notices from us regarding your account, including notices regarding termination. forzandoArts cannot guarantee that you will receive notice of the termination of your account.
7. Backup Policy
YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING BACKUP COPIES OF ANY USER CONTENT YOU UPLOAD, POST OR MAKE AVAILABLE THROUGH THE SERVICES DURING ANY APPLICABLE SUBSCRIPTION TERM AT YOUR SOLE COST AND EXPENSE. YOU MAINTAIN RESPONSIBILITY AND LIABILITY FOR ANY LOSSES OR DAMAGES YOU INCUR FOR FAILURE TO MAINTAIN BACKUP COPIES OF YOUR USER CONTENT. FORZANDOARTS IS NOT LIABLE TO YOU FOR ANY DAMAGES OR LOSSES THAT RESULT FROM THE LOSS OR BREACH OF YOUR USER CONTENT IN CONNECTION WITH YOUR USE OF THE forzandoArts SERVICES.
forzandoArts uses third party vendors to host and store any Media that you upload to forzandoArts through your use of the Subscription Services. We may require our vendors to maintain certain standards with respect to your User Content, but forzandoArts does not guarantee that your User Content will be secure and/or available at all times during the Subscription Term. forzandoArts does not guarantee that your User Content will be available on the Services after the termination of your Subscription, irrespective of the reason for such termination. It is your sole responsibility to create and maintain backup copies of any such User Content on a regular basis.
Please note that when User Content or other files are deleted (or your account is cancelled), those files will be deleted as soon as reasonable pursuant to forzandoArts's data destruction policies and cannot be recovered by forzandoArts or any third party vendor following deletion (including Amazon S3 if you have subscribed to a forzandoArts Vault account).
8. Use of User Information
9. Independent Contractors
Use of the forzandoArts Subscription Services does not create a partnership, agency, joint venture or any employee-employer relationship between you and forzandoArts. At all times the relationship between you and forzandoArts will be that of independent contractors. You are responsible for all state, local, federal or other taxes that you are obligated to pay in connection with your use of the Subscription Services.
C. ADDITIONAL TERMS APPLICABLE TO SALES OF PRODUCTS ("TERMS OF SALE")
forzandoArts facilitates your purchase of Music, Photos, Videos, Media or Products through the forzandoArts Services through its relationships with the forzandoArts Vendors. If you purchase Music, Photos, Videos, Media or other Products through the forzandoArts Services, you acknowledge that the printing of any Music or Photos or creation of other physical medium Products is performed by such forzandoArts Vendors and forzandoArts's role is to assist, facilitate and support such order process pursuant to these Terms of Sale.
1. Pricing; Payment Terms
In order to purchase Products through the forzandoArts Services, you are required to provide valid Payment Information as required by forzandoArts. forzandoArts may terminate your order for Products and take such other action as appropriate if we are unable to process your Payment Information and you do not provide an alternative form of payment upon forzandoArts's request. You agree to reimburse forzandoArts for any and all costs incurred in collecting amounts owed by you to forzandoArts or a forzandoArts Vendor, including, without limitation, attorneys' fees and costs of collection agencies.
You are responsible for any taxes that you are obligated to pay or that forzandoArts may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and forzandoArts reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, forzandoArts may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
2. Product Downloads; Shipping Terms and Policies
If you purchase a Music, Video, or Photo download, such download will be made available to you through the Services upon forzandoArts's receipt of your valid Payment Information.
If you purchase CD albums, sheet Music, Photo prints, or other physical medium Products, forzandoArts will use its commercially reasonable efforts (and our forzandoArts Vendors will use commercially reasonable efforts) to ship all orders for such Products within the estimated delivery time applicable to various methods of shipping available at the time you place your order. forzandoArts is not responsible for any delays in shipping. forzandoArts or the forzandoArts Vendors reserve the right to substitute another carrier of equal or lesser cost to deliver your order at our discretion. All shipping charges are your responsibility. Shipping charges will be included in your shopping cart and can be viewed on a summary screen prior to finalizing your order. The shipping charge shown during the Product checkout process is subject to verification and to correction or change without notice, provided that if the actual shipping charge is more than the amount shown in your shopping cart, we will contact you with the correct shipping costs before processing your order, and you will have an opportunity to cancel your order. All orders are shipped FOB shipping point. Title to the physical medium of the Products passes from forzandoArts to you upon shipment. If an item in your order is temporarily out of stock, we may hold your order until it is complete prior to shipment.
3. Return Policy
forzandoArts unconditionally guarantees your satisfaction with any Products that you purchase through the Services. If you are unsatisfied with any Photos, Videos or other Products you have purchased from forzandoArts, we will gladly accept the return of any Product you have ordered for any reason within thirty (30) days of your receipt of the Product. Upon completion of the return procedure and receipt of the returned Product, we will resend you the Product or issue you a full refund of the purchase price paid for such Product, whichever you prefer. We do not provide refunds for your original shipping cost unless your order is physically defective in some manner. If you are unsatisfied with a Product that is not in a physical medium form (i.e., a Music or Photo download), then upon your request, we may issue you a full refund of the purchase price paid for such Product at our discretion depending on the circumstances. To request a refund or replacement for any Product, please contact forzandoArts. Please do not contact your credit card company to dispute a charge before contacting forzandoArts.
4. Product Availability and Pricing
forzandoArts or the forzandoArts Vendors may revise or discontinue Product options at any time without prior notice, and Products may become unavailable even after an order is placed. All prices are subject to change without notice.
5. Product Descriptions; Pricing; Errors
forzandoArts strives to maintain accurate information in the Services and to eliminate any errors. However, we do not warrant that Product descriptions, Photos, Videos, pricing or other forzandoArts Materials are accurate, complete, reliable, current, or error-free. In addition, all weights and size dimensions are approximate. While we make reasonable efforts to accurately display all details of our Product offerings, including the applicable color, please note that the actual color you will see for a Photo depends on the settings of your computer screen and we cannot guarantee that your computer will accurately display all Photo colors. forzandoArts or a forzandoArts Vendor reserves the right to format, manipulate or otherwise modify Photos as may be required to satisfy a particular order. If a Product offered by forzandoArts is not as described or pictured, your sole remedy is to return the Product in unused condition for a refund within thirty (30) days of receipt. In the event of an error, whether contained in the Services, in an order confirmation, in processing an order or otherwise, we reserve the right to correct such error and charge the correct price or cancel the order, and your sole remedy in the event of such error is to cancel your order.
6. Disclaimer of Warranties
THE FOREGOING RIGHT TO RETURN ANY ORDER WITHIN THIRTY (30) DAYS IS YOUR SOLE AND EXCLUSIVE REMEDY, AND FORZANDOARTS' SOLE AND EXCLUSIVE LIABILITY, WITH RESPECT TO THE PURCHASE OF ANY PRODUCTS USING THE SERVICES, AND FORZANDOARTS EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE PURCHASE OF ANY PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
D. LICENSE AGREEMENT
1. Product License
If you obtained the Product from forzandoArts or one of its authorized licensees, agents, or vendors, and as long as you comply with the terms of this agreement, forzandoArts grants you a non-exclusive license to use the Product in the manner and for the purposes described.
The "Individual Electronic License" entitles you to make one Hard Copy of the Product for your use or the use of your Organization. You may make a reasonable number of additional Hard Copies of specific portions of the Product to facilitate normal ease of use of the Product (ie, copy one page of sheet music to make a page turn easier).
The "Ensemble Electronic License" entitles you to make as many Hard Copies as reasonably needed for use by one Ensemble in your Organization. If your organization has several Ensembles, they may not use Hard Copies of the same Product simultaneously, but they may use them serially within the Organization. If there are multiple Licenses for the same Product, then as many Ensembles as there are Licenses for the Product may use Hard Copies of the Product. You may make a reasonable number of additional Hard Copies of specific pieces of the Product to facilitate normal ease of use of the Product (ie, copy one page of sheet music to make a page turn easier).
The "MP3 License" entitles you may make copies of the downloaded MP3 or album of MP3s for your own use on each computer, MP3 player, or other electronic devices you own which are designed for the non-commercial, private enjoyment of audio files. You may also burn copies of the MP3s to CDs which you will personally use. You may not distribute, gift, or sell these CDs or MP3 files unless you transfer all copies in your possession to the other party. You may not share, upload, or transmit the MP3 files (or derivative recordings) via any network service for the purpose of distributing the the recording with others who do not posess an MP3 license for the recording.
The "Personal Use License" entitles you to use the Photos or Videos subject to SmugMug's personal use license.
"Commercial Use License" entitles you to use the Photos or Videos subject to SmugMug's commercial use license.
"Computer" means a computer device that accepts information in digital or similar form and manipulates it for a specific result based on a sequence of instructions.
"Internal Network" means a private, proprietary network resource accessible only by employees and individual contractors (i.e., temporary employees) of a specific corporation or similar business entity. Internal Network does not include the Internet or any other network community open to the public, including but not limited to membership or subscription driven groups, associations and similar organizations.
"Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by forzandoArts.
"Product" means (a) the physical, electronic, or digital item or file, or all of the information which describes or constitutes such an item or file, which is obtained from forzandoArts or its authorized vendor or affiliate, including but not limited to (i) forzandoArts or third party software files and other computer information; (ii) photographs ("Photos"), videos ("Videos"), images, sounds, documents, PDFs, sheet music, clip art and other artistic works; (iii) related explanatory written materials and files ("Documentation"); and (iv) fonts; and (b) any modified versions and copies of, and upgrades, updates and additions to, such information, provided to you by forzandoArts at any time, to the extent not provided under a separate agreement (collectively, "Updates").
"Hard Copy" means any user-generated print out or physical representations of electronic Products (i.e. sheet music printed from a PDF purchased with a forzandoArts Product License).
"Organization" means a company, corporation, partnership, association, school, agency, group, ensemble, or other collective of individuals who you represent.
"Ensemble" means one discrete group of musicians or performers from one Organization (ie, one band, one choir, or one theater troupe). It does not mean a collection of groups of musicians (ie, a combined performance of two choirs from separate organizations). A group of musicians created from several Organizations (ie, an all-state honors band with musicians representing several separate schools), even if it is created temporarily, shall be considered an Ensemble and requires its own License.
"Media" means any photographs ("Photos"), videos ("Videos"), images, sounds, documents, PDF files, sheet music, CD albums, clip art and other artistic works.
E. COPYRIGHT POLICY
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, forzandoArts has adopted a policy of terminating, in appropriate circumstances and at forzandoArts's sole discretion, the accounts of users who are deemed to be repeat infringers. forzandoArts may also, at its sole discretion, limit access to forzandoArts's website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. forzandoArts will respond to claims of copyright infringement committed using forzandoArts that are reported to forzandoArts's Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the forzandoArts Services by completing the following DMCA Notice of Alleged Infringement and delivering it to forzandoArts's Designated Copyright Agent.
Upon receipt of the Notice as described below, forzandoArts will take whatever action, at its sole discretion, it deems appropriate, including removal of the challenged material from the forzandoArts Services.
DMCA Notice of Alleged Infringement ("Notice"):
- Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the forzandoArts Services where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to the forzandoArts Designated Copyright Agent:forzandoArts
attn: Designated Copyright Agent
128 Hillcrest Avenue
Hinsdale, Illinois 60521To send the Notice via e-mail, please contact us and we will promptly reply so that you can send the Notice with an electronic signature.