Terms of Service

By using the Service, you acknowledge:

1. You are 13 years or older as a general user, and 18 years or older to register as a Member.
2. You are not accessing the service through an automated system, other than one provided by Artbox.com^®.

By using the Service, you agree:

1. You will provide your legal first and last names, a valid email address, and other truthful information required in order to complete the registration or subscription processes.
2. You will not impersonate any person or entity, and you will not falsely state or imply that you are affiliated with another person or entity.
3. You will not engage in any activity that disguises the origin of Content you make available on the Service.
4. You will not engage in any activity that infringes copyright, patent, trademark or trade secret rights of another person or entity, nor will you use the Service to encourage the violation of such rights by others.
5. You will not use the Service to disseminate any virus, malware, spyware, or unsolicited advertising.
6. You are solely responsible for all activity, data, images, links, text, software, videos, and audio files (“Content”) posted to the Service under your name/membership.
7. You will not post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner
8. You will not post material that reveals trade secrets or other proprietary or confidential information, unless you have the permission of the owner
9. You will not post material or add links to external websites that contain material that is obscene, defamatory, threatening, harassing, abusive, hateful or hramful to minors
10. You will not “stalk,” verbally abuse, threaten or harass other users of the website or employees of Artbox LLC. This will result in immediate account termination.
11. You will not take any action, or encourage others to take any action that would disrupt delivery or operation of any part of the Service.
12. You will not make any unwanted communication with any member of the Service or any other person.
13. Your membership is limited to you only. A single username shared by multiple users is not permitted.
14. You are responsible for maintaining the security of your username and password. Artbox.com^® is not liable for any losses or damages for negligence of this security obligation.
15. If you have a Free (“Basic”) Membership-level subscription, you are not permitted to block ads.
16. Neither you or your organization will maintain more than one Free (“Basic”) Membership subscription.
17. You will not use the Service for any illegal or unauthorized purpose or violate any laws in your jurisdiction (including, but not limited, to copyright laws).

Payment Terms

1. "Basic" memberships — which include a free profile and 20-image portfolio as a member of The Creative Force^™ are free and do not require a credit card.
2. A valid credit card is required to upgrade your account to the "Pro" membership subscription. This provides you with additional features including one 20/20 Portfolio WebsiteTM. Your website is live and ready to edit as soon as the credit card payment of $20 is submitted.
3. If your media storage exceeds 5 gig or bandwidth usage exceeds 500 MB/month, or significantly exceeds the average usage (as determined solely by Artbox.com^®), we reserve the right to disable your account until you can reduce your storage and/or bandwidth consumption.
4. Monthly payments are billed in advance and are non-refundable. Any extra fees, overage charges, or add-on services will be applied to the following month’s bill.

Cancellation and Termination

1. You are solely responsible for properly canceling your membership. You can cancel your membership at any time by clicking on the “Account Settings” link from your Control Panel and clicking the “Delete my Account” button. The Delete screen provides a simple, no-questions-asked cancellation form. You will be given the opportunity to provide optional feedback to Artbox.com^® about the Service and reasons for canceling your membership.
2. All of your Content will be deleted from the Service at the end of the calendar month in which you requested to cancel your membership. This information cannot be recovered after that time, so we strongly advise making backup copies of your content materials prior to deleting your account.
3. Service cancellations will take effect immediately. There is no refund or pro-rating of fees for canceling in the middle of a billing cycle.
4. Artbox LLC has the right to suspend or terminate membership and refuse any and all current or future use of the Service or services. Such termination may result in the deactivation and/or deletion of your membership, access, and content in accounts.
5. Artbox LLC reserves the right to refuse service to anyone for any reason at any time.

Service and Prices

1. Artbox.com^® reserves the right at any time and from time to time to modify and update the Service without notice. From time to time, the service may become temporarily inaccessible due to necessary maintenance or to technical issues beyound our control. In the event of such a loss of service, Artbox.com^® may - at its discretion - refund a prorated portion of any subscription fees paid.
2. Fees for Services are subject to change upon 30 days notice. Such notice may be provided at any time by posting the changes to the Artbox.com^® Site (Artbox.com^®).
3. Artbox.com^® shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Liability for Our Server

Artbox LLC does not warrant that the site will operate error-free or that the site and its server are free of computer viruses or other harmful mechanisms. The site and its content are provided on an "as is" basis without any warranties of any kind whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not guarantee continuous or uninterrupted access to your account and make no warranty as to the operation, functionality, or availability of the site, or that the site or materials or content provided will be error-free, or that defects will be corrected. If your use of Artbox.com results in the need for servicing or replacing equipment or data, Artbox LLC is not responsible for those costs.

Any material downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Your Content, Your Rights

Artbox LLC claims no ownership over content and material uploaded/hosted on your site. Members and registered users retain any due intellectual property rights in the content posted to or uploaded to the Service. By setting your pages to be shared publicly, you agree to allow others to view and share your Content. Sharing may be accomplished by providing links or other methods that direct a third party to your Content on Artbox.com^®.

User’s Grant of Limited License

Artbox.com^® requires a limited license to allow our Service to host and display Member’s Content. By uploading Content to the Service, you grant Artbox LLC a limited, royalty-free, world-wide license for the purpose of displaying, disseminating, formatting, translating, performing, or incorporating, in-whole or in-part, your Content to be presented on the site. This license will endure as long as you are a member of the Service. You agree that Artbox, LLC, may include your Content, in-whole or in-part, for promotional materials for the Service. Any such use will include attribution to you. Artbox.com^® is not liable if other parties attempt to copy Content you make publicly available. Artbox.com^® does not pre-screen Content, but Artbox.com^® and its employees, designees, and contractors, have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is publicly available via the Service.

Design, presentation, and the code behind the Service is copyright ©2010-2012 Artbox, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without express written permission from Artbox LLC.

Liability for Third-Party Content

Artbox LLC does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users of the Service or endorse any opinions expressed by them. Artbox.com has no obligation to screen communications or information in advance and is not responsible for monitoring material posted by users. We expect that you will use caution and common sense when using this site.

Content posted by members or other users of the site may contain inaccuracies, errors or material that some users may find offensive. We make no representations about the accuracy, reliability, completeness, timeliness or tastefulness of the Web site or the material on it. Use the Artbox.com service at your own risk.

There are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. Artbox.com cannot and does not confirm that each user is who they claim to be. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. You assume all risks associated with dealing with other users with whom you come in contact through this site.

Disclaimers

THE FOLLOWING DISCLAIMERS ARE SUBJECT TO APPLICABLE LAW. THE CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO Artbox.com^® SITES OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY Artbox.com^® SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT CONDITIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, SUBJECT TO APPLICABLE LAW, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Artbox.com^® SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, SUBJECT TO APPLICABLE LAW, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION), TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You are responsible for maintaining the confidentiality of your information (email address, username, password) as well as all activities that occur under your membership or your use of the Service. You hereby agree to indemnify, defend, and hold harmless Artbox.com^® and our licensees, distributors, employees, agents, and representatives, officers and directors and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, costs and expenses (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use of the Artbox.com^® Sites and/or your membership. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

In the event that you have a dispute with one or more users or members of the Service, you release Artbox LLC from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Limitation of Liability

TO THE EXTENT REQUIRED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ARTBOX.COM^® BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF ANY ARTBOX.COM^®SITE, INCLUDING, WITHOUT LIMITATION, THE USE OF, OR THE INABILITY TO USE, ANY ARTBOX.COM^® SITE OR CONTENT THEREON, THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF AN ARTBOX.COM^® SITE, LOSS OF BUSINESS OR PROFITS, LOSS OF DATA, COMPUTER VIRUSES, TECHNICAL, HARDWARE OR SOFTWARE FAILURES, UNAVAILABLE OR INTERRUPTED NETWORK CONNECTIONS, BREACH OF SECURITY, OR VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ARTBOX.COM^® IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONTENT POSTED TO THIS SITE OR FOR THE CONDUCT OF ANY SITE USER. IF YOU ARE DISSATISFIED WITH THE SITE, THE SITE CONTENT, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. MOREOVER, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL. SUBJECT TO APPLICABLE LAW, WE MAY TERMINATE YOUR FURTHER ACCESS TO ARTBOX.COM^® SITES OR CHANGE THE ARTBOX.COM^® SITES OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON WITHOUT LIABILITY. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Amendments and Modifications to the Terms of Service

Subject to applicable law, at any time, we may amend these Terms of Use (including by modification, deletion and/or addition of any portion thereof). Any such amendment to these Terms of Use will be effective thirty (30) calendar days following either our dispatch of an email notice to you or our posting of notice of the changes on the Web Sites. Please note that, at all times, you are responsible for updating your personal information to provide us your current email address. In the event that the last email address that you have provided us is not valid, or for any other reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute effective notice of any amendment described in the notice.

General Provisions

If any provision of these Terms of Use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use take effect as an agreement and separately as a notice which limits the basis on which Artbox.com^® makes the Artbox.com^® sites available. No waiver of any provision of these Terms of Use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. In these Terms of Use, the word “including” is used illustratively, as if followed by the words “but not limited to.” TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR ANY ARTBOX.COM^® SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. Supply of goods, services and software through Artbox Sites is subject to United States export control and economic sanctions requirements. By acquiring any such items through Artbox.com^® Sites, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through Artbox.com^® Sites if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the United States of America Treasury Department's Specially Designated Nationals List or the United States of America Commerce Department's Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.

Copyright Policy

We have adopted and implemented a policy that is consistent with the Digital Millennium Copyright Act (http://www.loc.gov/copyright/legislation/dmca.pdf), and which, if violated, affords us the right, in our sole discretion, to terminate the memberships of users who are copyright infringers. If you believe that your copyright has been infringed by user contributed Content to an Artbox.com^® Site, you must send notification of claimed copyright infringement to us in accordance with the following instructions.

Send Information to admin@artbox.com or call 860-920-5120 for further instructions. Written notification may be sent to:

Artbox LLC
1049 Asylum Avenue
Hartford, CT 06105

To be effective, the notification must be a written communication that includes the following:

• A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.