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User Agreement


Introduction
Welcome to ArtPerk!  By using the services on the ArtPerk website (the "Site"), you are agreeing to the following terms with DoubleShot Studio, LLC ("we" or "our"). 

Before you may become a member of ArtPerk, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy.  We strongly recommend that as you read this User Agreement, you also access and read the linked information. 

This Agreement is effective February 15, 2008, for current users, and upon acceptance for new users.

Using ArtPerk
When using the Site, you will not:
  • violate any laws, third party rights, or our policies;
  • post false, misleading, defamatory, or libelous content;
  • distribute or post spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm ArtPerk, or the interests or property of ArtPerk users.
Using ArtPerk
ArtPerk works hard to keep the Site working properly and to ensure that it helps promote the Arts effectively.  Please report problems, offensive content, or other policy violations to us.

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, delay or remove hosted content, and take technical and legal steps to keep users off the Site if we think they are creating problems, possible legal liabilities, or acting inconsistently with the letter or sprit of our policies.  We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long period.

Fees and Services
Joining ArtPerk is free and placing non-premium listings is free.  We charge fees for some services, such as creating premium-placement listings and advertising.  When you use a service that has a fee you will have an opportunity to review and accept the fees that you will be charged. 

Unless otherwise stated, all fees are quoted in U.S. Dollars.  You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method.

Content License
When you enter content into the ArtPerk site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right to exercies the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

Liability
You will not hold DoubleShot Studio responsible for other users' actions or inactions, including things they post.  The Site is a venue to allow anyone to solicit art for for participation in art shows, gallery shows, and other art-related events.  We are not involved in the actual events.  We do not have any control over and do not guarantee the quality, safety, or legality of the events, the truth or accuracy of listings, or any other aspect of the Listings on the Site.  Furthermore, we do not guarantee that the Site will be accessible at any particular point in time - it may be down at any time for any length of time for maintenance, or due to technical or business problems.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or any third party is limited to the greater of (a) the total fees you paid to us in the past 12 months prior to the action giving rise to the liability, and (b) $100.

Release
If you have a dispute with one or more users of ArtPerk, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent.  We use your information only as described in the ArtPerk Privacy Policy.  We view protection of users' privacy as a very important principle.  We store and process your information on computers located in the United States.  You can access and modify the information you provide us and choose which communications you would like to receive by signing-in to your account.  All payments are handled by a third party (currently Google Checkout), and we do not have access to any credit card data that you provide to Google when paying for any services on ArtPerk.  For a complete description of how we use and protect your personal information, see the ArtPerk Privacy Policy.  If you object to your information being transferred or used in this way, please do not use our services.

Indemnity
You will indemnify and hold DoubleShot Studio harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Outage Policy
The Site occasionally experiences outages during which the Site will not be searchable or accessible. DoubleShot Studio does not provide any guarantees that the Site will be available at any point in time.

Offensive Material Policy
Members may not list shows or content that promotes or glorifies hatred, violence, racial, or religious intolerance, or shows that promote organizations with such views.  Events often contain nudity or other mature content, however Listings for said events (including all content entered into the Site, such as descriptions of art shows, graphics uploaded to the Site, etc) cannot contain depictions of nudity or any offensive material.

ArtPerk's community is a diverse, international group of users with varied backgrounds, beliefs, and ages.  ArtPerk endeavors to appeal in a safe and appropriate manner to our entire community.

Violations of this policy will result in a range of actions, including:
  • Removal of listings
  • Account suspension
  • Forfeit of fees paid for premium listings
General
The mailing address for DoubleShot Studio is DoubleShot Studio, LLC, P.O. Box 7042, Gaithersburg, MD 20898.  If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.  Headings are for reference purposes only and do not limit the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.  We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this Site.  Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted.  This Agreement may not be otherwise amended except in writing signed by you and us.  This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.  The following Sections survive any termination of this Agreement:  Fees and Services (with respect to fees owed for our services), Release, Content License, Liability, and Indemnity.
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