RulesFreeArtistlist Rules 1. Rules By using our Service in any way, you are agreeing to comply with the Rules, which may change from time to time. Should you object to any term or condition of the rules, guidelines, or become dissatisfied with FreeArtistList in any way, your only recourse is to immediately discontinue use of FreeArtistlist. FreeArtistlist has the right, but is not obligated, to strictly enforce the Rules. 2. MODIFICATIONS TO THIS AGREEMENT We reserves the right, at our sole discretion, to change, modify or otherwise alter these rules at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. 3. CONTENT You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials ("Content") posted, transmitted, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item ("Item") of Content that you post, email or otherwise make available. You understand that FreeArtistlist does not control, and is not responsible for content made available, and that by using FreeArtistlist, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the FreeArtistlist site and Content available through FreeArtistlist may contain links to other websites, which are completely independent of FreeArtistList. FreeArtistList makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will FreeArtistList be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via Ads on FreeArtistList. You acknowledge that FreeArtistList does not pre-screen or approve Content, but that FreeArtistList shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the ads on FreeArtistList, for violating the letter or spirit of the rules or for any other reason. 4. THIRD PARTY CONTENT, SITES, AND SERVICES FreeArtistList site and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of FreeArtistList, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through FreeArtistlist, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that FreeArtistList shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that FreeArtistList is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release FreeArtistList, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service. If you are a California resident, you waive California Civil Code Section 1542, which says: "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." 5. CONDUCT You agree not to post, email, or otherwise make available Content: a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another''s privacy, or is harmful to minors in any way; b) that is pornographic or depicts a human being engaged in actual sexual conduct including but not limited to (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area of any person; c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; d) that impersonates any person or entity, including, but not limited to, a FreeArtistList employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.); e) that includes personal or identifying information about another person without that person''s explicit consent; f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships; h) that constitutes or contains "affiliate marketing," "link referral code," "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement; i) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited. j) 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; k) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users'' ability to use the Service; or l) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the FreeArtistList. Additionally, you agree not to: m) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose; n) "stalk" or otherwise harass anyone; o) collect personal data about other users for commercial or unlawful purposes; p) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service - unless expressly permitted by FreeArtistList; q) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; r) attempt to gain unauthorized access to FreeArtistList''s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the FreeArtistList website; or s) use any form of automated device or computer program that enables the submission of postings on FreeArtistList without each posting being manually entered by the author thereof (an "automated posting device"), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals. 8. POSTING AGENTS A "Posting Agent" is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on FreeArtistList''s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from FreeArtistList. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from FreeArtistList. 9. NO SPAM POLICY You understand and agree that sending unsolicited email advertisements to FreeArtistList email addresses or through FreeArtistList computer systems, which is expressly prohibited by these rules. Any unauthorized use of FreeArtistList computer systems is a violation of these rules and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act. Such violations may subject the sender and his or her agents to civil and criminal penalties. 10. LIMITATIONS ON SERVICE You acknowledge that FreeArtistList may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that FreeArtistList has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that FreeArtistList reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that FreeArtistList shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 11. TERMINATION OF SERVICE You agree that FreeArtistList, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if FreeArtistList believes that you have acted inconsistently with the letter or spirit of the rules. Further, you agree that FreeArtistList shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. 12. DISCLAIMER OF WARRANTIES YOU AGREE THAT USE OF THE FreeArtistList SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE FreeArtistList SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. 13. LIMITATIONS OF LIABILITY UNDER NO CIRCUMSTANCES SHALL FreeArtistList BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FreeArtistList HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE FreeArtistList SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE FreeArtistList SITE OR THE SERVICE, FROM INABILITY TO USE THE FREEARTISTLIST SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE FreeArtistList SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FreeArtistList SITE OR THE SERVICE OR ANY LINKS ON THE FreeArtistList SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE FreeArtistList SITE OR THE SERVICE OR ANY LINKS ON THE FreeArtistList SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you. 14. INDEMNITY You agree to indemnify and hold FreeArtistList, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the rules, your breach of any of the representations and warranties herein, or your violation of any rights of another. 15. GENERAL INFORMATION The rules constitute the entire agreement between you and FreeArtistList and govern your use of the Service, superseding any prior agreements between you and FreeArtistList. The rules and the relationship between you and FreeArtistList shall be governed by the law. 19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES Please report any violations of the rules, by emailing to: abuse@freeartistlist.com 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. You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for FreeArtistList to pursue legal action to enforce these rules, you will be liable to pay FreeArtistList the following amounts as liquidated damages, which you accept as reasonable estimates of FreeArtistLists'' damages for the specified breaches of these Rules: a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person''s explicit consent, you agree to pay FreeArtistList one thousand dollars ($1,000) for each such message. This provision does not apply to Content that constitutes lawful non-deceptive parody of public figures. b. If you send unsolicited email advertisements to FreeArtistList email addresses or through FreeArtistList computer systems, you agree to pay FreeArtistList twenty five dollars ($25) for each such email. c. If you post Content in violation of the rules, other than as described above, you agree to pay FreeArtistList one hundred dollars ($100) for each Item of Content posted. In its sole discretion, FreeArtistList may elect to issue a warning before assessing damages. d. If you are a Posting Agent that uses the Service in violation of the rules, in addition to any liquidated damages under clause (d), you agree to pay FreeArtistList one hundred dollars ($100) for each and every Item you post in violation of the rules. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal"), and the Principal (by engaging the Posting Agent in violation of the rules) agrees to pay FreeArtistList an additional one hundred dollars ($100) for each Item posted by the Posting Agent on behalf of the Principal in violation of the TOU. e. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of these Terms without FreeArtistList''s express written permission, you agree to pay FreeArtistList three thousand dollars ($3,000) for each day on which you engage in such conduct. Otherwise, you agree to pay FreeArtistList''s actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms, FreeArtistList retains the right to seek the remedy of specific performance of any term contained in these Terms, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms, or any combination thereof. 20. FEEDBACK We welcome your questions and comments on this document. support@freeartistlist.com.
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