SITE OWNER AGREEMENT AND SOFTWARE LICENSE TERMS
Art-Havana.com™ (the "Services")
Art-Havana provides web
site operators a variety of tools and resources to collect visitor's
information and manage their requests.
The following are the
terms and conditions for use of the Services. By navigating throughout
this Site you tacitly accept these
terms and conditions.
1. Services and Support
1.1 The Services are provided subject to this Agreement, as it may be
amended by Art-Havana.com, and any guidelines, rules or operating
policies that Art-Havana.com may establish and post from time to time
(the "Agreement"), including without limitation
policy as published at the Art-Havana.com web site at
http://www.Art-Havana.com/legal/privacy.asp, or otherwise furnished to you (the
"Policy") (unless otherwise stated, all references to the Agreement shall
include the Policy). By posting updated versions of the Agreement on the
Services at the Art-Havana.com web site, or otherwise providing notice to
you, Art-Havana may modify the terms of the Agreement and may
discontinue or revise any or all other aspects of the Services at its sole
discretion. All such changes shall become effective upon posting of the
revised Agreement on the Services.
1.2 The Services are available only to persons who can form legally
binding contracts under applicable law. If you do not qualify, please do
not use the Services.
1.3 The Services enable corporate agencies, small business
agencies, and individuals to execute service requests from the Services.
1.4 The Services will be subject to "Paid
Services" once you have completed your service request
proccess. The User limits are
subject to change at any time. You will be notified via email of the
completion of payment. Access to the Services
will be disabled until payment is received. Paid Services are billed in advance, according to the
price provided to you by Art-Havana.com The prices are subject to change at any time.
1.5 You must complete the registration form on Service
Request page in order
to use the Services. You will provide true, accurate, current, and
complete information about yourself as requested in the registration form.
As part of the registration process, you will identify an email address
for your Art-Havana.com™ ID. Art-Havana.com reserves the right to refuse registration of, or cancel, accounts it
1.6 You will be billed for Services. Payment for
Services will be made by a valid credit card accepted by
Art-Havana.com. Services are
payable in US dollars. If Art-Havana.com is for any reason unable to
effect payment via your credit card, you will be notified via
email. Pricing may vary based upon dates, quality and quantity of Service,
etc. You are responsible for reviewing the price amount tagged to
the service(s) you are buying.
2. Restrictions and Responsibilities
2.1 This is an Agreement for Services. You are not granted a license to
any software by this Agreement. You will not, directly or indirectly:
reverse engineer, decompile, disassemble, or otherwise attempt to discover
the source code, object code, or underlying structure, ideas, or
algorithms of, or found at or through the Services or any software,
documentation, or data related to the Services ("Software"); remove any
proprietary notices or labels from the Services or any Software, modify,
translate, or create derivative works based on the Services or any
Software; or copy, distribute, pledge, assign, or otherwise transfer or
encumber rights to the Services or any Software. The Services shall be
used for your internal business (which includes civic or charitable)
purposes only and you shall not use the Services or any Software for
timesharing or service bureau purposes or otherwise for the benefit of a
third party. If you are using the Services in any country in the European
Community, the prohibition against modifying, translating, reverse
engineering, decompiling, disassembling or creating derivative works based
on the Services or the Software does not affect your rights under any
legislation implementing the E.C. Council Directive on the Legal
Protection of Computer Programs.
2.2 You acknowledge and agree that the Services and the
company names and logos and all related product and service names, design
marks and slogans, are the property of Art-Havana.com or its affiliates
or suppliers (collectively, the "Marks"). You are not authorized to use
any of the Marks in any advertising, publicity or any other commercial
manner without the prior written consent of Art-Havana.com. Your use of
the Services confers no title or ownership in the Service, the Software or
the Marks and is not a sale of any rights in the Service, the Software or
the Marks. All ownership rights remain in Art-Havana.com or its third
party suppliers, as the case may be.
2.3 You represent, covenant, and warrant that you will use the Services
only in compliance with the Agreement and all applicable laws (including
but not limited to policies and laws related to spamming, privacy,
obscenity, or defamation). You agree you will not access or otherwise use
third party mailing lists in connection with preparing or distributing
unsolicited email to any third party. You hereby agree to indemnify and
hold harmless to Art-Havana against any damages, losses, liabilities,
settlements, and expenses (including without limitation costs and
reasonable attorneys' fees) in connection with any claim or action that
arises from an alleged violation of the foregoing or otherwise arising
from or relating to your use of the Services. Although Art-Havana.com
has no obligation to monitor the content provided by you or your use of
the Services, Art-Havana.com may do so and may remove any such content
or prohibit any use of the Services it believes may be (or is alleged to
be) in violation of the foregoing.
2.4 The Services may only be used for lawful purposes. Transmission or
solicitation of any service that violates United
States federal/state laws or other laws that may apply in your local area is
prohibited. This may include material that is obscene, threatening,
harassing, libellous, or in any way a violation of intellectual property
laws or a third party's intellectual property rights.
2.5 In using the varied features of the Services, you may provide
information (such as name, contact information, or other iinformation) to
Art-Havana.com may use this
information and any technical information about your use of the Services
to tailor its presentations to you, facilitate your movement through the
Service, or communicate separately with you. If you licensed the Services
as a result of solicitation by a Marketing Partner of
Art-Havana.com™ may share your information with the Marketing Partner.
Art-Havana.com will not provide information to companies you have not
authorized, and Art-Havana.com will not permit the companies that get
such information to sell and redistribute it without your prior consent.
2.6 Art-Havana.com will not use your information or any other customer
information for any other purposes than those intended with the service.
Your information will not be shared with any other parties. In
addition, Art-Havana.com™ will not use your information for the
purpose of sending unsolicited commercial e-mail.
modified by Art-Havana from time to time.
3.1 You may terminate this Agreement at any time by sending an email
message to support@Art-Havana.com or by sending written notice to
Art-Havana.com may terminate this Agreement or the Services at any
time with or without cause, and with or without notice. Upon termination,
Art-Havana.com will provide you a proportionate refund of the advance
payment which Art-Havana.com has received for the current
Sevices Requests. Except for such refund, Art-Havana.com shall have
no liability to you or any third party because of such termination.
4. Warranty Disclaimer; Remedies
USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING
ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE
RISK. Art-Havana.com DOES NOT WARRANT THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE
PROVIDED "AS IS" AND Art-Havana DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Your sole and exclusive remedy for any failure or nonperformance of the
Services shall be for Art-Havana.com to use commercially reasonable
efforts to adjust or repair the Services.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER
NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL Art-Havana OR
ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION
PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS
(COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "Art-Havana.com") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER
DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL
DAMAGES, EVEN IF Art-Havana SHALL HAVE BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE
EVENT THAT NOTWITHSTANDING THE FOREGOING, Art-Havana IS FOUND LIABLE
TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT
LIABILITY OR OTHERWISE), THE LIABILITY OF Art-Havana.com TO YOU WILL BE
LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
6.1 If any provision of the Agreement is found to be unenforceable or
invalid, that provision will be limited or eliminated to the minimum
extent necessary so that this Agreement will otherwise remain in full
force and effect and enforceable.
6.2 Art-Havana.com and you agree that the Agreement is the complete and
exclusive statement of the mutual understanding of the parties and
supersedes and cancels all previous written and oral agreements,
communications, and other understandings relating to the subject matter of
the Agreement, and that all waivers and modifications must be in a writing
signed by both parties, except as otherwise provided herein. No delay or
omission by either party in exercising any right or remedy under this
Agreement or existing at law or equity shall be considered a waiver of
such right or remedy.
6.3 No agency, partnership, joint venture, or employment is created as a
result of the Agreement, and you do not have any authority of any kind to
bind Art-Havana.com in any respect whatsoever.
6.4 In any action or proceeding to enforce rights under the Agreement, the
prevailing party will be entitled to recover its costs and attorneys'
6.5 The Agreement shall be governed by the laws of
Unide States without regard to its choice or law or conflict of laws provisions.