Terms and Conditions

1. INTRODUCTION

The following terms and conditions ("Agreement" or “Terms and Conditions”) constitute an agreement between you (“you”) and Artifex Press, LLC (“Artifex Press” or “we” or “our” or “us”) that governs your access to and use of the Artifex Press website (including any subdomains), mobile applications, and any other products, software, data and services we provide (collectively, the “Site”). These Terms and Conditions apply to all users of the Site, including, without limitation, users who are contributors of content to the Site and users who are subscribers of the Site’s digital catalogues and our other products and services. We may change or modify this Agreement from time to time in our sole discretion without notice to you by posting the changes on the Site. Any changes to this Agreement are effective when posted on the Site, and your continued use of the Site after changes have been posted will constitute your acceptance of the new terms. All Artifex Press users should review this page regularly to remain informed of the current Terms and Conditions that apply to their use of the Site. Nothing in these Terms and Conditions will be deemed to confer any third-party rights or benefits.

BY ACCESSING OR USING THE SITE IN ANY WAY, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to these Terms and Conditions, you may not and should not access or use the Site.

2. YOUR USE OF THE SITE

The use of certain features or services on the Site may require that you create an Artifex Press account by following the instructions on the applicable registration page, and may also be subject to additional terms and conditions posted on the Site or otherwise made available to you in connection with such features or services. In addition, if you desire to purchase a paid subscription to one or more of our digital catalogues or other products or services, you will be required to provide your subscription information and payment information, as well as agree to certain additional subscription service terms (“Subscription Service Terms”). To register for an Artifex Press account and/or a subscriber account, you must provide accurate and true information, and you agree to edit your Artifex Press user profile as needed to keep all information accurate and up-to-date. To use the Site you must be old enough to form legally binding contracts under applicable law, and so minors are not permitted to register for an account, subscribe to our digital catalogues or any of our other products or services or enter into other transactions on the Site.

You are not permitted to transfer or sell your Artifex Press account(s) and/or subscription(s), and you may not use another account or subscription that you are not authorized to use. You are solely responsible for the activity that occurs on your account and/or subscription, and for keeping your account password secure. You agree to notify us immediately if you become aware of any breach of security or unauthorized use of your account and/or subscription. Although we will not be liable for your losses caused by any unauthorized use of your account or subscription, you may be liable for the losses of Artifex Press and others due to such unauthorized use. We may take any action we believe is necessary to maintain the security of the Site at any time and in our sole discretion, including but not limited to updating your account and/or subscription password or requiring additional information before allowing the use of your account and/or subscription. We also reserve the right, in our sole discretion, to add, remove, modify or update any part of the Site (including any Content thereon) at any time without notice.

If you register for an Artifex Press account and/or purchase a subscription to our digital catalogues or any of our other products or services, and accept this Agreement on behalf of a business or other legal entity, you represent and warrant that you are at least 21 years old and that you are authorized to bind such business or entity to this Agreement.

3. USER INFORMATION

In the course of your use of the Site and/or the services made available on or through the Site, you may be asked to provide certain personalized information to us (such information, “User Information”). Our information collection and use policies with respect to the privacy of such User Information are set forth in the Site’s privacy policy, which is incorporated by reference into this Agreement. (View it here.) You should review our Privacy Policy to be informed of how your User Information may be used. You acknowledge and agree that you are solely responsible for the accuracy and content of your User Information.

4. CONTENT AND OWNERSHIP

We reserve the right to monitor any Content on the Site but we are not obligated to monitor any Content on the Site. As used in this Agreement, the term “Content” includes but is not limited to images, information, artworks and other works of creative authorship, text, scripts, commentary, photographs, illustrations, audio/sounds, music, video, multi-media, data, graphics, interactive features, computer code and software, and other materials you may view on, access through, or contribute to the Service. We may also remove any Content from the Site at any time and in our sole discretion, without notice or liability. As between you and Artifex Press, Artifex Press owns all rights, title and interest in and to the Site and the look and feel, design and organization of the Site, including but not limited to all copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property rights.

All Content located on (or provided in connection with) the Site is protected by U.S. and international copyright laws and other proprietary rights and laws, and owned by Artifex Press or by others who have licensed their Content to us. The Site is also protected as a collective work and/or compilation under U.S. and international copyright laws. You acknowledge that your use of the Site does not grant you any ownership in any images, data, computer code, software or other Content you may access on the Site, and does not grant you any license with regard to any intellectual property rights of Artifex Press or any third party, whether by implication, estoppel or otherwise, except as might be set forth in the Subscription Service Terms should you choose to purchase a subscription to our digital catalogues or our other products or services.

You may view Content on the Site only for your personal, non-commercial use on the computer or other Internet compatible device you use to access the Site, and this permission may not be assigned or transferred. Other than as provided in the previous sentence or as otherwise permitted in a separate written agreement between you and Artifex Press, you must not (and must not assist or permit any third party to) download, reproduce, post, display, copy, transmit, modify, alter, delete, edit, create derivative works from, publicly perform, publicly display, rent, sell or distribute any Content located on (or provided in connection with) the Site without the express prior written permission of our authorized personnel, or the otherwise applicable copyright owner and any other applicable rights holder. Content on the Site is generally uncensored and may include nudity or other visual or written materials some people may consider offensive or inappropriate for minors. If you allow a minor to use your computer or other Internet compatible device, you are responsible for preventing their access to any Content you consider inappropriate. If you or anyone else is offended by any Content on the Site, your only remedy is to stop using the Site.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on our Content available through the Site are our registered and unregistered Trademarks and or of third parties and may not be used in connection with products and/or services that are not related to, associated with, or sponsored by their rights holders that are likely to cause customer confusion, or in any manner that disparages or discredits their rights holders. All Trademarks not owned by us that appear on the Site or on or through the Site’s services, if any, are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.

USER CONTENT: The Site may include features and services that allow you to post, exhibit, upload or otherwise provide images, photographs, videos, illustrations, information, artworks and other works of creative authorship, text, scripts, commentary, audio/sounds, music, multi-media, data, graphics and other Content (collectively, “User Content”). Unless we have specifically requested or agreed otherwise with you in writing, we do not wish to receive any confidential, secret, proprietary or sensitive information or materials from you, and any User Content sent to us will be deemed not to be confidential, secret, proprietary or sensitive, and may be used in the ways described by our Privacy Policy. You are entirely responsible for the content of, and any harm resulting from, the User Content you provide. You are in the best position to know if the User Content you provide may be legally used in connection with the Site. Please note that you remain the owner of any intellectual property rights you have in your User Content, but we require that you grant us the following rights. If you post, exhibit or upload any User Content on the Site or otherwise provide any User Content to Artifex Press, you: (a) grant Artifex Press a non-exclusive, royalty-free, sub-licensable, fully transferable, assignable, perpetual, irrevocable, worldwide right and license to use, copy, reproduce, distribute, modify, adapt, translate, create derivative works from, publish, publicly perform and publicly display and incorporate in other works any User Content (in whole or in part) and any names, likenesses or trademarks depicted in such User Content, in any form, media or technology now known or later developed, including for promotion and/or commercial purposes; and (b) represent and warrant that: (i) the User Content is original to you, (ii) any “moral rights” in User Content have been waived, (iii) you have all necessary rights to grant us this license; and (iv) such User Content does not and will not violate or contribute to the violation of any laws, rules or regulations, or any third party rights, including but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights; and (c) you agree to waive any claims against Artifex Press arising from the use of such User Content by us or any third party and based on any copyrights, moral rights, trademark rights, privacy rights or publicity rights you may have in connection with such User Content. We cannot be responsible for maintaining any User Content that you provide to us, and we may delete or destroy any such User Content at any time.

You further agree not to impersonate any other person or entity, whether actual or fictitious, including us or our personnel. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.

We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms and Conditions, our policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.

5. ADDITIONAL RESTRICTIONS

Unless we have specifically agreed otherwise with you in writing, you are permitted to use the Site only for personal, non-commercial purposes. In addition to any other restrictions in this Agreement, you must not (and must not assist or permit any third party to) do any of the following: (a) upload, post, transmit, distribute or otherwise publish through the Site, any materials which restrict or inhibit any other user from using and enjoying the Site or the Site’s services; contain a virus, spyware, or other harmful component; contain embedded links, advertising, chain letters or pyramid schemes of any kind; (b) use the Site in any way that violates or contributes to the violation of any third party rights, including but not limited to any confidentiality, copyrights, moral rights, trademark rights, trade secret rights, patent rights, privacy rights or publicity rights; (c) use the Site in any way that violates or contributes to the violation of any local, state, national or international laws, rules or regulations; (d) use the Site in any way that is abusive, deceptive, defamatory, fraudulent, harassing, harmful, hateful, libelous, defamatory, obscene or threatening; (e) take any action intended to interfere with the normal functioning of the Site or obtain unauthorized access to any personal or proprietary information or property of Artifex Press or any other user or third party; (f) use the Site in any way impersonating any other person or entity; (g) transmit any unauthorized advertising, auto-responder or spam on the Site; (h) take any action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our servers or systems, or damage, disable, or impair the Site; (i) use automated or manual methods to crawl, robot, scrape, spider or otherwise monitor or extract data from the Site (we also reserve the right to use robot exclusion headers within the Site); (j) decipher, decompile, disassemble or reverse engineer any part of the Site; (k) mirror or frame any part of the Site on another website; (l) create or use any meta-tags which contain any Artifex Press trademarks or other confusingly similar marks; (m) remove or interfere with any copyright notices or digital “watermarks” on any images or other Content intended to indicate the source and/or ownership of such Content; (n) impersonate any person or entity or misrepresent your affiliation with any other person or entity; or (p) insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services, or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes.

6. RELEASE OF THIRD PARTY CLAIMS

We are not responsible for monitoring any communications or Content on the Site, and we are not involved in user-to-user interactions. We cannot always identify every user and cannot guarantee that any user is who they claim to be. It is your responsibility to be careful when interacting with other users and you acknowledge that, despite the restrictions in this Agreement, others may use the Site in a way that is deceptive, fraudulent, harmful, offensive or illegal. We make no representation or warranty with regard to the conduct or Content of any third party using the Site.

You agree to release Artifex Press and our officers, directors, agents and employees from any claims, demands, disputes or liabilities, of any kind or nature, arising in any way from your use of the Site and/or the use of the Site by any other Artifex Press user or third party, including but not limited to any claim arising from any interaction or transaction between you and any other Artifex Press user, or from any unauthorized access to or use of your Artifex Press account or subscription. If you are a California resident, you agree to waive California Civil Code §1542 which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You also agree to waive any rights or benefits conferred by any other law of another jurisdiction or principle of common law that is similar, comparable or equivalent to California Civil Code §1542.

7. NO AUTHENTICATION

You understand and agree that we have not authenticated any works or other Content referenced on the Site and your use of any such Content is at your own risk.

8. INDEMNITY

You agree to indemnify, defend and hold harmless Artifex Press and its affiliates, and each of their respective officers, directors, agents and employees from and against any actions, claims, damages, demands or liabilities (including reasonable attorneys’ fees) asserted by any third party and arising in any way from your use of the Site (including, without limitation, your use of the digital catalogues on the Site or any other products or services made available by us), your placement or transmission of any message, content, information, software or other materials on or through the Site, your breach of this Agreement, or your violation of any laws, rules or regulations or any third party rights. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defenses. This indemnification and defense obligation will survive this Agreement and your use of the Site.

9. LINKING AND THIRD-PARTY WEBSITES

The Site may include links to other websites that we do not own or control and features that allow you to use third-party social media services. Your use of third-party websites or services is exclusively at your own risk and may be subject to the policies of those websites or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites. Links to and from the Site do not mean that we endorse or are associated with any third party website or service or any Content accessible on any other website or service. We are not liable or responsible for any claim, loss or damage arising from your use of any third party website or service accessed in connection with the Site.

You agree that if you include a link from any other web site to the Site, such link shall open in a new browser window and shall link to the full version of an HTML formatted page of this Site. You are not permitted to link directly to any image hosted on the Site or our services, such as using an “in-line” linking method to cause the image hosted by us to be displayed on another web site. You agree not to download or use images hosted on this Site on another web site, for any purpose, including, without limitation, posting such images on another site. You agree not to link from any other web site to this Site in any manner such that the Site, or any page of the Site, is “framed,” surrounded or obfuscated by any third-party content, materials or branding. We reserve all of our rights under the law to insist that any link to the Site be discontinued, and to revoke your right to link to the Site from any other web site at any time upon written notice to you.

10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

THE SITE AND ALL CONTENT ON THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE SITE MAY BE INTERFERED WITH BY FACTORS OUTSIDE OF OUR CONTROL AND WE DO NOT REPRESENT OR WARRANT THAT IT WILL BE AVAILABLE, ERROR FREE, SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE (INCLUDING ANY CONTENT THEREIN) IS SOLELY AT YOUR OWN RISK.

WE MAKE NO WARRANTY THAT THE SITE (INCLUDING ALL CONTENT CONTAINED THEREIN) OR THE PROVIDED SERVICES WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WE AND OUR AFFILIATES ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR EQUIPMENT ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

IN ADDITION, NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, WE MAKE NO WARRANTY REGARDING ANY OF THE INFORMATION IN THE DIGITAL CATALOGUES. CONTENT THAT IS INCLUDED IN THE DIGITAL CATALOGUES IS AS A RESULT OF RESEARCH, RECORDS AND RELATED UNDERTAKINGS AND OTHER ACTIONS, TAKEN BY US TOGETHER WITH AFFILIATED ART HISTORIANS, EDITORS, RESEARCHERS AND OTHER THIRD PARTIES, WITH RESPECT TO THE CREATION OF THE WORKS COVERED THEREIN; ANY CONTENT OR INFORMATION CONTAINED IN THE DIGITAL CATALOGUES, INCLUDING CONTENT OR INFORMATION CONCERNING THE PROVENANCE OF ANY OF THE WORKS COVERED THEREIN, CONSTITUTES AN OPINION AND IS NOT INTENDED AND SHALL NOT BE CONSTRUED AS A WARRANTY OR A FACTUAL REPRESENTATION OF ANY KIND. ALL ASPECTS OF THE CONTENT OF ANY OF THE DIGITAL CATALOGUES MAY BE EDITED AND/OR CHANGED, INCLUDING, BUT NOT LIMITED TO, THE MODIFICATION OR ELIMINATION OF MATERIAL AND/OR THE PUBLICATION OF ADDITIONAL MATERIAL. RESEARCH AND EDITING FOR ALL OF OUR DIGITAL CATALOGUES IS FLUID AND ONGOING, AND WE ARE NOT LIABLE FOR ANY NEGLIGENT ACTS, MISINFORMATION, INADVERTANT ERRORS OR INACCURACIES OF ANY KIND, TO YOU OR ANYONE ELSE FOR ANY REASON RELATED TO ANY INFORMATION PUBLISHED ON THE SITE, INCLUDING IN ANY OF THE DIGITAL CATALOGUES. YOU AGREE THAT YOU WILL NOT BRNG ANY LEGAL CLAIM OF ANY KIND AGAINST US OR OUR PERSONNEL IN CONNECTION WITH ANY INFORMATION PUBLISHED ON THIS SITE, INCLUDING IN THE DIGITAL CATALOGUES.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE CONTENT PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING.

WE NEITHER ENDORSE NOR ARE RESPONSIBLE FOR THE ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS, AUTHENTICITY OR USEFULNESS OF ANY OPINION, ADVICE, STATEMENT OR CONTENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OBSCENE, INDECENT, UNLAWFUL OR INFRINGING POSTING OR SUBMISSION MADE THEREON. WE HAVE NOT AUTHENTICATED ANY WORKS OR OTHER CONTENT REFERENCES ON THE SITE AND EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY CLAIMS RELATING TO THE AUTHENTICITY OF THE WORKS OR OTHER CONTENT REFERENCED ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, CORRECTNESS, COMPLETENESS, AUTHENTICITY OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

UNDER NO CIRCUMSTANCES SHALL ARTIFEX PRESS OR ANY OF OUR OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOOD WILL OR OTHER INTANGIBLE LOSSES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR INABILITY TO USE THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF ARTIFEX PRESS AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES TO YOU EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE TOTAL AMOUNT YOU PAID ARTIFEX PRESS, IF ANY, DURING THE THREE (3) MONTHS BEFORE THE ACTION GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow the exclusion of certain damages or implied warranties, so the above exclusions may not apply to you.

11. LAW AND JURISDICTION

This Agreement shall be governed by and construed according to the laws of the State of New York without regard to its conflicts of laws rules. Any claim or cause of action arising from or related to this Agreement or your use of the Site shall be filed and resolved exclusively in a state or federal court located within New York County in the State of New York, and you irrevocably consent to the personal and exclusive jurisdiction of such courts and waive any objection as to inconvenient forum. If there is any conflict between U.S. and foreign laws, rules and regulations, then U.S. laws, rules and regulations will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

A printed version of this Agreement or any other document first provided to you or us in digital form will be admissible in any judicial or administrative proceeding between you and us to the same extent and subject to the same conditions as other documents first provided in printed form. ANY CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST ARTIFEX PRESS MUST BE COMMENCED AND FILED WITHIN ONE (1) YEAR AFTER IT ARISES OR ELSE THE CLAIM OR CAUSE OF ACTION WILL BE PERMANENTLY BARRED.

12. TERMINATION

We may terminate your account or subscription or otherwise revoke your access to the Site at any time without prior notice, if we believe you have breached this Agreement or for any other reason or no reason, in our sole discretion and without liability. If this Agreement is terminated under any circumstances, all of the following shall survive and remain fully effective and enforceable: (a) all outstanding obligations between you and us (including all payment obligations); (b) all remedies for breach of this Agreement; and (c) all terms and conditions of sections four (4) and six through seventeen (6-17) (inclusive) of this Agreement. We have no obligation to maintain any Content or forward any unread or unsent messages associated with any terminated account.

13. COPYRIGHT

We respect the intellectual property of others and expect our users to do the same. We follow the notice and takedown procedure of the Digital Millennium Copyright Act (“DMCA”) and we reserve the right to remove or disable access to any Content on the Site claimed to be the subject of copyright infringement. Repeat offenders will have their account and use of the Site terminated.

A. Reporting Claims: If you believe that Content on the Site has been used in a way that constitutes copyright infringement, you may send a written copyright infringement notice, as a signed PDF email attachment or by fax, to our designated “Copyright Agent,” whose contact information is posted below. Please do not send notices by standard mail as we may not receive them in a timely fashion. Each notice must contain: (1) identification of the copyrighted work/s you claim have been infringed, and detailed information establishing your ownership of copyright/s in such work/s or your authorization to act on such copyright owner's behalf; (2) identification of the allegedly infringing Content you wish to have removed from the Site, including, if possible, an exact URL for page/s containing such Content; (3) information reasonably sufficient to allow us to contact you, such as your address, telephone number, and, if possible, email address; (4) the statement: “I have a good faith belief that use of the allegedly infringing Content in the manner complained of is not authorized by the copyright owner, their agent, or by law."; (5) the statement: “I swear, under penalty of perjury, that the information in this notice is accurate, and that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; (6) your signature. Our designated Copyright Agent to receive notices of claimed infringement can be reached at Copyright Agent, Artifex Press, 109 W. 27th Street, New York, NY 10001, email: copyrightagent@artifexpress.com, fax: (212) 414-1486. Please note that only DMCA notices should be sent to the Copyright Agent. All other requests, comments, feedback or communications should be sent to customer service at customerservice@artifexpress.com. You acknowledge that if you fail to comply with the above requirements, your notice may not be valid.

B. When we receive a notice, if it complies with the requirements listed above, we will promptly remove or disable access to the allegedly infringing Content, notify the provider of such Content that we have done so, and inform such party that repeat offenders will have their account and use of the Site terminated and that any infringing Content will be permanently removed from the Site.

C. Counter-Notices: If you are the provider of allegedly infringing content or are authorized to act on such party’s behalf, and you believe that such content is not infringing or that you are authorized to use such content by the copyright owner, their agent or by law, you may send a written “counter-notice,” as a signed PDF email attachment or by fax, to our Copyright Agent. Please do not send counter-notices by standard mail as we may not receive them in a timely fashion.

Each counter-notice must contain: (1) identification of the allegedly infringing Content, including, if possible, an exact URL for the page/s at which such Content appeared before being removed or disabled; (2) information reasonably sufficient to allow us to contact you, such as your address, telephone number, and, if possible, email address; (3) the statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or, if my address is outside of the United States, the judicial district in which Artifex Press is located, and will accept service of process from the claimant who provided the copyright infringement notice.”; (4) the statement: “I swear, under penalty of perjury, that I have a good faith belief that the Content was removed or disabled as a result of a mistake or misidentification.”; (5) your signature.

D. When we receive a counter-notice, if it complies with the requirements listed above, we will forward it to the claimant who provided the related copyright infringement notice. The claimant must then notify us within 10 business days that they have filed an action seeking a court order to restrain the provider of the allegedly infringing Content from using such Content in the complained of manner. If we receive such notice, we will be unable to replace the Content on the Site. If we do not receive such notice, we may replace the Content, but will have no obligation to do so. When we forward a counter-notice, it includes the disputed Content provider’s personal information. By submitting a counter-notice, you agree to have your personal information used for this purpose.

14. USERS OUTSIDE OF THE UNITED STATES

Artifex Press is based in the United States. We do not represent that materials on the Site are appropriate or available for use in other locations outside of the United States. Persons who choose to access the Site from locations outside of the United States do so on their own initiative. If you are an Artifex Press user located outside of the United States, you agree that your information may be stored, processed and transferred in the United States or in other countries besides the country in which you live. If you are in a country embargoed by the United States or are on the U.S. Treasury Department’s list of Specially Designated Nationals, you must not enter into any transaction in connection with the Site or use the Site for any commercial purpose whatsoever under any circumstances. If you are an Artifex Press user located outside of the United States, you also agree that your use of the Site will at all times be in compliance with all applicable local, state and national laws of the jurisdiction in which you are using the Site.

15. PRODUCTS AND SERVICES

We may make certain products available to visitors and registrants of the Site. If you order any products, you hereby represent and warrant that you are 21 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.

16. MOBILE APPLICATIONS

We may offer mobile applications, and your use of any such applications is subject to this Agreement and our Privacy Policy, and is also subject to any other agreements or policies we may post on such applications or otherwise make available in connection with such applications.

17. GENERAL

This Agreement, in addition to other written agreements you may enter into with Artifex Press, is the entire agreement and understanding between you and us regarding your use of the Site and supersedes any prior or contemporary oral, written or implied agreements, representations or understandings between you and us regarding the subject matter of this Agreement. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition shall be limited or removed to the minimum extent necessary so that this Agreement shall otherwise remain fully valid and enforceable. Our failure to exercise or enforce any of our rights under this Agreement or any provision of this Agreement shall in no event constitute a waiver of any such right or provision. No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement or your use of the Site, and you do not have any authority to bind Artifex Press in any regard. You may not transfer or assign this Agreement to any other person or entity without our prior written consent. This Agreement shall inure to the benefit of and be enforceable by our successors and assignees. Section headings in this Agreement have been included for convenience of reference only and will not limit the scope or effect of any section. The Site is copyright © 2017 Artifex Press, LLC and Artifex Press are trademarks of Artifex Press, LLC. All rights not expressly granted herein are reserved.

Last modified: January 30, 2017

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