By accessing or using the PortaPoet mobile application, PortaPoet website or the PortaPoet service made available by Artisan Engineering LLC, located at 1040 West Adams St, Unit 368, Chicago IL 60607 USA, (together, the "Service"), however accessed, you agree to be bound by these terms of use ("Terms of Use"). The Service is owned or controlled by Artisan Engineering LLC ("Artisan").
a) Acceptance of Terms of Use. By accessing and using the Service, You accept and agree to the Agreement's terms and conditions. Should You NOT accept the terms and conditions, You must neither access nor otherwise use the Service. Artisan reserves the right to alter the Agreement at its sole discretion and with reasonable notice, except where a legal or administrative reason requires immediate amendment of these terms. We will notify You of amended terms by posting them to our website and on the Service. Use of the Service after posting of amended terms will be governed by those amended terms. These terms will govern any disputes arising before the effective date of the amended terms.
b) Residency and Age. Artisan disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Service from countries other than the United States. By accessing and using the Service, You represent, warrant, and affirm that You are either at least 18 years of age, an emancipated minor of at least thirteen years of age, or a thirteen year old that has acquired a parent or guardian's consent. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service.
c) Disclaimer. The Service, including, but not limited to the website, any mobile applications, and the entirety of their contents are provided "AS IS" and Artisan hereby disclaims all express and implied warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose. Artisan expressly disclaims any representation that:
a. the Service will meet User's requirements;
b. access to the Service will be uninterrupted, timely, secure, or error-free;
c. any information obtained through or from the Service will be accurate or reliable;
d. the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet expectations; or
e. any data or software errors will be corrected.
ARTISAN SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY TELEPHONE SYSTEM, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. ARTISAN SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USER'S COMPUTER RESULTING FROM USE OF THE SERVICE OR SERVICE INCLUDING, BUT NOT LIMITED TO, WEB PAGE VIEWING, FILE DOWNLOADING, SERVER USE OR ACCESS, OR FOLLOWING SERVICE LINKS. USER ACCESSES THE SERVICE AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. ARTISAN SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SERVICE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. ARTISAN SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE SERVICE. ARTISAN SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, DESTRUCTION, OR ALTERATION OF USER'S COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM ARTISAN OR THE SERVICE SHALL CREATE ANY WARRANTY.
d) Privacy Policy. In addition to the terms contained herein, You agree to the privacy practices and procedures outlined in our privacy policy located at http://www.portapoet.com/privacy.html
e) User Content Standards and Behavior. The Service allows users to post or submit content ("User Content") to or through the Service including, without limitation, photographs, messages, commentary, documents, images, or any other information or audiovisual material. You are solely responsible for User Content that it posts or submits to or through the Service.
Artisan does not monitor or approve User Content posted or submitted to the Service by any other User, however, Artisan may, in its sole and unfettered discretion, edit, remove, or delete any User Content.
As a condition of accessing and using the Service, You agree not to post or submit User Content that:
a) is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
b) violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
c) promotes malice or harm of any kind against any group or individual;
d) solicits user passwords, financial information, or personal identification for unlawful purposes;
e) contains a virus, spyware, malware, or harmful software; or
f) constitutes junk mail, unsolicited mass mail, or spam.
The foregoing is only a partial list of the kind of User Content which is prohibited on the Service. Artisan reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator's Service access.
User further agrees not to:
g) use any content or information available through the Service for any unauthorized purpose;
h) interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
i) collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
j) impersonate any person, company, or entity;
k) modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
l) assist any third party in doing any of the foregoing
f) Content License. By posting or submitting User Content on the Website, You grant and warrant that You have the right to grant, to Artisan and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license ("License") to use and promote the User Content anywhere in the world in connection with the Service.
You also grant all other users of the Service a non-exclusive, irrevocable, worldwide, royalty-free license to distribute, reproduce, display, and perform his User Content for non-commercial, personal purposes as permitted through the functionality of the Service.
You further represent and warrant that Artisan's exercise of any of its rights under the License will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights.
g) License to User. Subject to the terms and conditions of this Agreement, as well as our Privacy Policy, Artisan grants you a non-transferable, non-exclusive license to use the Service, including accessing, saving and viewing User Content, for your personal, noncommercial use to express yourself as expressly permitted by the Service. Artisan reserves the right to terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, Artisan reserves all other rights and no other rights are granted by implication or otherwise.
If You are accessing the Service through a mobile application downloaded through the Apple App Store or any successor store, Your license to the mobile application is limited to a non-transferable license to use the application on any iPhone or iPod owned or controlled by You.
h) Content Storage - PLEASE READ. Artisan reserves the right to delete User Content without notice at Artisan's sole discretion. POSTING CONTENT TO THE SERVER IS NOT A SUBSTITUTE FOR SAVING YOUR CONTENT ON YOUR DEVICE, COMPUTER, OR PERSONAL STORAGE SITE. CONTENT OF CRITICAL IMPORTANCE SHOULD NOT BE SAVED IN JUST THE PORTAPOET MOBILE APP OR SERVICE.
i) Advertising. Artisan and its licensees may publicly display advertisements and other information adjacent to or included with User Content. User is not entitled to any compensation for such advertisements, nor any right to control the manner, mode, or other parameters of the advertising on the Website.
j) Interactions with Other Service Users. You are solely responsible for interactions with other Service users. Artisan shall not be responsible for any damage or harm resulting from User's interactions with other users of the Service.
You understand that Artisan does not screen users. Artisan makes no representations or warranties as to user conduct. Artisan reserves the right, without obligation, to: 1) monitor all interactions between users; and 2) take any action in good faith to restrict access to or the availability of any User Content which Artisan considers prohibited.
All messages sent between users may be reviewed by Artisan for compliance with this Agreement, but will be treated as private to the extent required by applicable law. User is solely responsible for all interactions with other users. User is implored to not provide personal financial information of any type to other users.
k) Links. The Service contains links to other internet sites and resources, and You acknowledge and agree that: 1) Artisan shall not be responsible for the availability of such external sites or resources; and 2) Artisan does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such Services or resources.You agree that Artisan shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such Service or resource.
l) Proprietary Rights. All Service content, including User content, is protected under international law and is owned by Artisan, its licensors, or the party accredited as the provider. Unless expressly authorized in this Agreement, User agrees not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Service.
m) Feedback. By submitting any Feedback to Artisan, including, but not limited to any comments, ideas or feedback about the Service or the Website, including without limitation about how to improve the Service or our products, User agrees that his disclosure is gratuitous, unsolicited and without restriction, and that Artisan is free to use, disclose and otherwise exploit the Feedback without any restriction and without additional compensation to User.
n) User Registration. Users may be asked to register with the Service ("Registered Users"). Registered Users hereby agree to: 1) provide accurate and complete information ("User Information") as prompted by any Service registration form; and 2) maintain and promptly update his/her User Information to keep it accurate and complete. Artisan reserves the right to suspend or terminate a Registered User's access to and use of the Service, or any portion thereof, on the basis of inaccurate or incomplete User Information.
Registered Users may be required to select a username and password when completing the registration process. Registered Users are solely and fully responsible for maintaining the confidentiality of their own usernames and passwords, and Registered Users are solely and fully responsible for all activities occurring under their username and password. Registered Users agree to: 1) immediately notify Artisan of any unauthorized use of their usernames and passwords or any other breach of security; and 2) ensure that Registered User logs off from their accounts at the end of each session. Artisan shall not be liable for any loss or damage arising from a Registered User's failure to maintain the confidentiality of its username and password.
Limits on Liability. ARTISAN, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS ("ARTISAN PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE SERVICE'S AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) ANY SERVICE OR USER CONTENT; 4) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE; 5) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE; OR 6) THE DISCLOSURE, ALTERATION, OR USE OF ANY USER CONTENT OR USER INFORMATION.
THE ARTISAN PARTIES AGGREGATE LIABILITY TO USER OR ANY THIRD PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE SERVICE OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF ONE HUNDRED DOLLARS ($100).
USER'S ACCESS OR USE OF ANY THIRD PARTY SERVICE OR INTERNET RESOURCE LINKED TO OR FROM THE SERVICE, OR USER'S USE OF GOODS OR SERVICES FROM THIRD PARTY SERVICES OR INTERNET RESOURCES LINKED TO OR FROM THE SERVICE, IS MADE AT USER'S OWN RISK. USER HEREBY RELEASES THE ARTISAN PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER'S ACCESS TO THIRD PARTY SERVICE OR INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE ARTISAN PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF GOODS AND SERVICES MADE AVAILABLE THROUGH THE SERVICE OR THROUGH THIRD PARTY SERVICES OR INTERNET RESOURCES.
THE ARTISAN PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE ARTISAN PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE ARTISAN PARTIES CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
o) Indemnification. User agrees to indemnify and hold harmless the Artisan Parties from and against any loss, liability, or expense, including reasonable attorneys' fees and expenses and court costs, arising out of or related to any third party claim against any Artisan Party alleging that User Content posted or submitted to the Service infringes any of the third party's rights.
p) Termination. Artisan, in its sole and unfettered discretion, may terminate Your access to the Service and block future attempts to access the Service from your device for any reason including, without limitation, Your breach of this Agreement. You agree that any termination of its access to the Service may be effected without prior notice, and You agree that: 1) Artisan may immediately deactivate or delete any of Your accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Service or User Content. You agree that Artisan shall not be liable to You for any costs or damages of any kind for or resulting from any termination of Your Service access. Artisan reserves the right to block users from certain IP addresses from accessing the Service.
q) Discontinuance of Service. Artisan reserves the right to modify or discontinue, temporarily or permanently, any portion of the Service without prior notice. You agree that Artisan shall not be liable to You or to any third party for any modification or discontinuance of any portion of the Service.
r) Take-Down Requests, DMCA. Artisan expressly prohibits users from uploading, posting, or otherwise distributing through the Service any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any user believes any Service content violates or otherwise infringes upon any user's rights, You are encouraged to contact Artisan immediately to request that the allegedly offending content ("Offending Content") to be removed from the Service. To make such a request ("Take-Down Request"), You should provide the Artisan designed agent, listed below, with:
a) The identity of the Offending Content in sufficient detail such that it can be readily located (e.g., The title of the poem, the date it was published and the username of the person who published it.);
b) Your name, mailing address, email address, and telephone number; and
c) User id, email, of the person you believe posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act ("DMCA"), Artisan has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Service content. If you believe in good faith that material appearing on this Service infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this Service constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
Artisan will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
s) Export Control You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
t) Third Party Beneficiary - Applicable to Mobile Application Downloaded through Apple App. In the event that you are accessing our Service through a mobile application downloaded through Apple's App Store or any successor store, You acknowledge and agree that Apple Inc., and Apple's subsidiaries, are third party beneficiaries of this Agreement, and that, upon Your acceptance of the terms herein, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against You as a third-party beneficiary.
u) Questions Regarding Mobile Applications. Please direct all questions regarding our mobile applications and Services, including but not limited to, (i) product liability claims; (ii) any claim that our applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, to Artisan administrators only. You acknowledge that Apple, Inc. is not responsible for responding to any such queries.
v) Miscellaneous.
a) Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. Any proceeding arising out of or relating to this Agreement must be brought in the courts of Chicago, Illinois and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding will be heard and determined only in any such court and agrees not to bring any proceeding arising out of or relating to this Agreement in any other court. The parties agree that either or both of them may file a copy of this Section with any court as written evidence of the knowing, voluntary and bargained agreement between the parties irrevocably to waive any objections to venue or to convenience of forum. Process in any proceeding referred to in the first sentence of this Section may be served on any party anywhere in the world. In any action at law or in equity to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, costs, and necessary disbursements incurred both before and after judgment in addition to any other relief to which such party may be entitled.
b) Severability If any provision - or portion of a provision - of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
c) Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
d) Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
e) Contact. Any questions regarding these Terms of Use or your use of the Services (including questions regarding our mobile application) may be directed to Artisan's administrators at support@portapoet.com.