Terms of Use
1. Acceptance of Terms.
a. By (i) using this web site or other online service of
ArtistScope or its affiliates and agents (“ArtistScope”) with
links to these Terms of Use (the “Services”) in any way,
including downloading or uploading any media made available or
enabled via the Services by ArtistScope or you and others, the
users of the Service (“Users”), or (ii) merely browsing the
Services, you agree that you have read, understand and agree to
these Terms and the ArtistScope Privacy Policy, which is incorporated
herein by reference. “Media” means any content made available
or enabled by ArtistScope, you or other users of the Services
and includes, without limitation, any information, data,
documents, images, photographs, graphics, audio, videos,
products, and ArtistScope software code and associated
documentation (“Software”). “ArtistScope Media” means all Media
that is made available through the Services by ArtistScope or
its licensors.
b. You may not use the Services if you are prohibited by Law
(as defined below in Section 2(d)) from receiving or using the
Services. Also, unless expressly stated in the Additional Terms
for any given Service, you may not use the Services unless you
are fully able and competent to enter into the conditions,
obligations, representations and other terms of these General
Terms and are either of legal age to form a binding contract
with ArtistScope, possess legal parental or guardian consent or
are an emancipated minor. In particular, unless expressly
stated in the Additional Terms for any given Service, you
affirm that you are over the age of 13 and acknowledge that
these Services were not intended for children under 13.
2. Use of Services and Media
a. You agree to adhere to all limitations on dissemination, use
and reproduction of any Media that you download or access from
the Services.
b. You agree to use the Services and the Media only for
purposes that are permitted by the Terms and any applicable
law, regulation, or generally accepted practices or guidelines
in any applicable jurisdiction.
c. You agree not to access or attempt to access the Services by
any means other than the interface provided by ArtistScope or
circumvent any access or use restrictions put into place to
prevent certain uses of the Services.
3. Ownership
The Services and ArtistScope Media, and their selection and
arrangement, are protected by copyright, trademark, patent, trade secret, unfair competition, and other
intellectual and proprietary rights (the “Intellectual Property
Rights”). Except as expressly provided in the Terms,
ArtistScope and its suppliers do not grant any express or
implied rights to use the Services and Media.
4. Governing Law
This Agreement shall be governed by and construed according to
the common laws of Australia.
5. Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE PARTIES
HEREBY SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES,
EXPRESS OR IMPLIED, REGARDING THE SERVICES AND PRODUCTS,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE OR IMPLIED WARRANTIES.
6. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO ANY
THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES, ARISING FROM ANY PROVISION OF THIS AGREEMENT
SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED
PROFIT OR LOST BUSINESS, COSTS OF DELAY OR FAILURE OF DELIVERY,
OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
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