Terms of Service

last updated: May 14, 2010

Acceptance of Terms

By accessing, browsing, or using this website (collectively, including all content and services available through the artsteps.com domain name, the "ArtSteps Website", or "Website"), you signify your agreement to these terms and conditions (the "Terms of Service" or "TOS") and to ArtSteps’ Privacy Policy incorporated here by reference. If you do not understand or agree to any of these terms or the ArtSteps Privacy Policy, please do not use the ArtSteps Site.


Modifications of Terms

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the Last Updated version at this page. You can determine when these Terms of Service were last revised by referring to the "Last Updated" heading at the top of this page. ArtSteps may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions.


ArtSteps Website

These Terms of Service apply to all users of the ArtSteps Website, including users who are also curators of exhibition, contributors of information, and other materials or services on the Website.

By accessing or otherwise using the ArtSteps Site and/or ArtSteps Services, you are acknowledging and agreeing that (i) you have read, understand, and agree to be legally bound and to abide by these Terms of Service, just as if you had signed a written agreement; (ii) you have the right, authority and capacity to enter into this agreement and to abide by all the terms and conditions of these Terms of Service; and (iii) if you are acting on the behalf of any person or entity, you are authorized to act on behalf of such party.

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions and obligations set forth in these Terms of Service, and to abide by these Terms of Service. In any case, you affirm that you are over the age of 14, as the ArtSteps Website is not intended for children under 14. If you are under 14 years of age, then please do not use the ArtSteps Website.

The ArtSteps Services and certain User Submissions may contain, and other users or third parties may provide, advertisements for or links to other World Wide Web sites or resources. These sites and resources are not controlled by ArtSteps, and the mere existence of the link on the ArtSteps Site does not imply an endorsement or sponsorship by ArtSteps. ArtSteps has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, ArtSteps will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve ArtSteps from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the ArtSteps Website and to read the terms and conditions and privacy policy of each other website that you visit.


General Use of the ArtSteps WebSite

ArtSteps hereby grants you permission to access and use the WebSite as set forth in these terms of Service, provided that:
  1. You agree not to distribute in any medium any part of the WebSite, without ArtSteps’ prior written authorization.
  2. You agree not to alter or modify any part of the WebSite, including but not limited to ArtSteps Embeddable Exhibition Viewer and Editor or any of its related technologies.
  3. You agree not to use the WebSite, including the ArtSteps Embeddable Exhibition Viewer and Editor for any commercial use, without the prior written authorization of ArtSteps. Prohibited commercial uses include any of the following actions taken without ArtSteps’ express approval:
    • use of the website or its related services ( such as the ArtSteps Embeddable Exhibition Viewer and Editor), for the primary purpose of gaining advertising or subscription
    • any use of the website or its related services ( such as the ArtSteps Embeddable Exhibition Viewer and Editor) that ArtSteps finds, in its sole discretion, to use ArtSteps’ resources with the effect of competing with or displacing the market for ArtSteps or its content
    • the sale of advertising, on the website or any third-party website, targeted to the ArtSteps’ content
  4. Prohibited commercial uses do not include:
    • uploading an original artifact (image, video or text) to ArtSteps, or maintaining an original site on ArtSteps, to promote your business or artistic enterprise
    • using the ArtSteps Embeddable Exhibition Viewer to show your ArtSteps Exhibitions on your personal blog or website with prior written authorization of ArtSteps
    • any other use that ArtSteps expressly authorizes in writing
  5. If you use the ArtSteps Embeddable Exhibition Viewer on your website, with the prior written authorization of ArtSteps, you agree not to modify, build upon, or block any portion of the Embeddable Exhibition Viewer in any way.



ArtSteps Accounts

In order to use certain services of the Website, you will have to create an ArtSteps account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You agree that ArtSteps’ user names may be refused, changed, removed or replaced by us for reasons including, but not limited to, using a user name to impersonate another person, if a user name is offensive or violates third party intellectual property, etc. Please note that your user name may be viewed by the public.

In addition to any other registration data, to register on the ArtSteps Site you will be required to choose a password. You are solely responsible for maintaining the confidentiality of any password you may use to access the Services, and agree not to transfer your user name or password, or lend or otherwise transfer your use of or access to the Services, to any third party. You are solely responsible for the activity that occurs on your account or in connection with your user name or password. You must notify ArtSteps immediately of any breach of security or unauthorized use of your account. You agree to ensure that you “log out” from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.


Your ArtSteps Account and Submissions

As an ArtSteps account holder you may submit artifacts, create rooms and exhibitions and submit textual content, including, but not limited to exhibition or artifacts description and comments. These submissions are collectively referred to as User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize ArtSteps to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to ArtSteps, you hereby grant ArtSteps a worldwide, non-exclusive and royalty-free license, revocable upon removing the exhibition from ArtSteps, to use, copy, transmit or otherwise distribute, perform, modify, publicly perform and display your exhibitions or any portion thereof, in or through any medium. ArtSteps shall also be entitled to use clips of any exhibition that has been published for the purpose of promoting the ArtSteps Site or Services, without compensation to the curator. However, ArtSteps will not use your exhibitions for any other commercial purposes without obtaining your prior approval.

You also hereby grant each user of the ArtSteps Site or Services a limited, non-exclusive, non-transferable, personal and non-commercial license to access your User Submissions through the ArtSteps Site or any other access point authorized by you and/or ArtSteps through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. Unless designated “unpublished”, all exhibitions will be deemed public information.

The above licenses granted by you to ArtSteps and the ArtSteps Site users shall terminate within a commercially reasonable time, after you remove or delete your Exhibitions from the ArtSteps Website. You understand and agree, however, that ArtSteps may retain (but not display, distribute, or perform) server copies of User Submissions that have been removed or deleted, and that ArtSteps shall have no obligation to attempt to remove from distribution any of your exhibitions that are otherwise publicly available through the Internet or other publicly accessible medium.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ArtSteps all of the license rights granted herein.

ArtSteps does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ArtSteps expressly disclaims any and all liability in connection with User Submissions. ArtSteps does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and ArtSteps will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. ArtSteps reserves the right to remove Content and User Submissions without prior notice.


ArtSteps Conduct Policy

You agree that you are entirely responsible for your Submissions transmit to or via the ArtSteps Site or Services, whether publicly posted or privately transmitted. You agree to not use the ArtSteps Services to:
  • transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • transmit any Submission that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • harm minors in any way;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
  • transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
  • collect or store personal data about other users, or members.



Violation of ArtSteps Conduct Policy

ArtSteps does not and cannot review all exhibitions created by users accessing the Services (including, but not limited to, the ArtSteps Site), and is not in any manner responsible for the artifacts of these exhibitions, communications or comments or the activities of ArtSteps users.

You acknowledge that by providing you with the ability to view and distribute user-generated-content through the Services (including, but not limited to, the ArtSteps Site), ArtSteps is merely acting as a passive conduit for the distribution of such information, and is not undertaking any obligation or liability relating to the content or the users' activities. Accordingly, ArtSteps does not guarantee the accuracy, integrity, completeness, non-infringement or quality of such content. ArtSteps and its parent corporation, officers, directors and employees do not undertake or assume any duty to monitor the ArtSteps Site for inappropriate content. You understand that by using the ArtSteps Site or Services, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will ArtSteps be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content transmitted on or via the ArtSteps Site or Services. ArtSteps and its parent corporation, officers, directors and employees assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.

Notwithstanding the foregoing, ArtSteps reserves the right to (i) monitor some, all, or no areas of the user sites or comments for adherence to these or other rules that may be published from time to time; and (ii) block or remove artifacts, exhibitions or comments, that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another or (d) offensive or otherwise unacceptable to ArtSteps, in its sole discretion.


Termination and Modification of ArtSteps Accounts

You agree that ArtSteps, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Services, and remove any content within the Services, for any reason, including, without limitation, for lack of use or if ArtSteps believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. ArtSteps may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ArtSteps may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that ArtSteps shall not be liable to you or any third-party for any termination of your access to the Services.


Indemnity

You agree to defend, indemnify and hold harmless ArtSteps, its parent corporation, officers, directors and employees, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the ArtSteps Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the ArtSteps Website.


General

These Terms of Service, together with the Privacy Policy, shall constitute the entire agreement between you and ArtSteps concerning the ArtSteps Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and ArtSteps' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. ArtSteps reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the ArtSteps Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.