Last Updated: May 25, 2018 (In compliance with the European Union’s new data protection law (GDPR), the new policy goes into effect 25 May 2018 and applies to everyone, including users living outside the EU.)
Welcome to the Sidearts.com website. We are glad that you decided to visit or join our community. The Sidearts.com website, and the pages, features, forums, blogs, widgets, buttons, web properties, tools and services available on this website (collectively, the "Site"), is brought to you by Side Arts, LLC, a Pennsylvania limited liability company with the following mailing address: 636 Wilder Street, Philadelphia, PA 19147 ("Side Arts","we," "our" or "us").
2.1. "Materials" includes, but is not limited to, all information, documents, communications, files, text, graphics, software and products available through the Site, whether any of the foregoing was posted by Side Arts or third parties.
2.2. "Nonpaying Member" means any User who receives Services and/or Materials from Side Arts, beyond that which is available to Visitors, for no fee.
2.3. "Paying Member" means any User who pays Side Arts for, without limitation, any of the following: (i) access to Materials and/or Services through the Site, (ii) the right to post Materials and/or Services to the Site, (iii) a combination of any of (i) and (ii) any other tangible or intangible goods or services provided to such person by Side Arts.
2.4. "Services" includes, but is not limited to, all services provided by Side Arts and third parties through the Site.
2.5. "Site" means the website that Side Arts makes available for your use, which use is governed by this Agreement.
2.7. "User" means any person who accesses the Site for any amount of time and for any reason. The term "User" includes "Paying Members," "Nonpaying Members," and "Visitors," as these terms are defined in this section.
2.8. "Visitor" means any User who accesses the Site in any capacity who is not a Paying Member or a Nonpaying Member.
3. Your relationship with Side Arts, LLC
4. Duration of agreement
4.2. You may terminate your use of the Site at any time, for any reason or no reason at all. Paying Members and Nonpaying Members must immediately notify Side Arts in writing in order to effectively terminate their relationship with Side Arts. Visitors may terminate their relationship with Side Arts by navigating away from the Site.
4.3. While you may terminate your relationship with Side Arts at any time, all fees paid by Paying Members are non-refundable.
4.6. Side Arts reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, the Materials and/or the Services, with or without notice. You agree that except as otherwise expressly provided herein with respect to refund of fees paid to Side Arts, Side Arts shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, the Materials, and/or the Services. Side Arts may, in its sole discretion, stop providing any or all User(s) access to the Site, the Materials, and/or the Services, either in whole or in part, and for any or no reason or no reason at all. Nonpaying Members and Visitors understand and agree that Side Arts, by providing access to the Site, the Materials and the Services, is not making a promise to provide anything of the same or a similar nature in the future.
5. Posting materials and services to the site; prohibited activities
5.1. You are solely responsible for the Materials you upload, publish or display on or through the Site, or transmit to or share with other users and/or the Services you provide or advertise through the Site.
5.2. You may not post, transmit, or share Materials and/or Services on the Site that you did not create or that you do not have permission to post and/or which violate any copyright or any other applicable law. This includes, without limitation, any Materials or Services which are or contain the copyrighted material, trademarks, service marks or other intellectual property of another party, or which feature an image or likeness of a person from whom you have not obtained the necessary permission in writing. You represent and warrant to us that any Materials or Services you post, transmit or share on or through the Site do not and will not violate or infringe any copyright, trademark, publicity or privacy right, trade secret right or any other right of a third party. You may not manipulate anything on the Site to hide or disguise in any way the origin of any Materials or Services nor may you impersonate another person, company or organization of any kind. You may not post, transmit or share Materials or Services that contain lies or misrepresentations of any kind or that are illegal, obscene, defamatory, libelous, threatening, abusive, harassing, pornographic, offensive racially or ethnically, discriminatory, indecent, or that encourage illegal activity of any kind. You may not upload, launch, post, e-mail or transmit any Materials or Services that may contain viruses, worms, Trojan horses, Easter eggs, trap doors, back doors, time bombs, cancelbots or other harmful components or any kind. You may not post, transmit or share Materials or Services that disparage us, the Site or our members, managers, employees, consultants, agents, Users, customers, partners, sponsors, clients, vendors or affiliates.
5.3. You understand and agree that Side Arts may, but is not obligated to, review the Site and may delete or remove (without notice) any Materials and/or Services that, in its sole discretion, may be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. We may also refuse to post any Materials or Services in our sole discretion.
5.4. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Materials and/or Services you post or store on the Site or provide to Side Arts.
5.5. When you post Materials and/or Services to the Site, you authorize and direct Side Arts to make any copies that, in our discretion, we determine are necessary to facilitate the posting and storage of such Materials and/or Services on the Site.
5.6. By posting Materials and/or Services to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Side Arts an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Material and/or Services, and/or to prepare derivative works of, or incorporate into other works, such Material and/or Services, on or in connection with the Site or the promotion thereof (including for advertising or other commercial purposes). All rights in Commissioned Works (as defined in Section 5.8 below) shall be owned by Side Arts.
5.7. You may remove any Materials and/or Services which you have posted from the Site (except for Commissioned Works, as defined in the next section) at any time. If you choose to remove such Materials and/or Services, they will no longer be accessible to Users; however you acknowledge that Side Arts may retain archived copies of such Materials and/or Services, and that previously posted Materials and/or Services may still be featured in advertising or promotions for the Site pursuant to the license granted above.
5.9 You also may NOT:
- use another's account for the Site;
- solicit for commercial purposes other Users (other than using the tools and services provided by us to build and maintain your profile and make connections with artists and businesses);
- use the Site to distribute or post unauthorized solicitations, spam, junk mail, chain letters, or pyramid schemes;
- use metatags or any other "hidden text" utilizing any of our or any third party's product names or trademarks;
- distribute or upload viruses, spyware, adware or any other code, programs or technologies that may harm the Site, or the interests, data or property of Users of the Site or users of any other website or Internet property; or
- harvest or otherwise collect personal information about Users, including e-mail addresses, without their consent.
You further agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; or (b) bypass any measures we may use to prevent or restrict access to the Site or certain areas thereof.
6. User-Provided Materials and Services on the Site
6.1. You are solely responsible for your interactions with other Users. Side Arts reserves the right, but has no obligation, to monitor disputes between Users.
6.2. We generally do not review the Materials, Services, comments, information and advice provided by Users on the Site and do not express any opinions about them. While we may occasionally highlight or feature certain Users, or certain Materials or Services provided by Users, we do not recommend, endorse, provide or guarantee any Materials, Services, ideas, comments, information, advice provided by Users on or through the Site. In addition, any relationships you form with other Users through the Site are entirely at your own risk, and we shall have no responsibility or liability with respect to such relationships or any compensation arrangements relating thereto. You understand that by using the Site, you may encounter content that you or others find is offensive, indecent, or objectionable, which content may or may not be identified as having explicit subject matter. Side Arts shall not have any liability to you with respect to any content that you or others find offensive, indecent, or objectionable. You agree to use the Site entirely at your own risk.
6.3. The Site may include various forums, blogs and chat rooms where Users can post their observations and comments. While we encourage you to provide other Users with honest feedback, constructive criticism, support and encouragement in the course of sharing observations, comments and/or advice, you should respect the feelings of other members of the User community and keep the discourse civil. When participating in any forums, blogs and/or chat rooms, you agree that any Materials you provide must be relevant to the forum.
6.4 Side Arts cannot guarantee that other Users will not use anything that you share in any of these places. Therefore, if you have anything that you would like to keep confidential and/or do not want others to use, do not post it on the Site. Side Arts is not responsible for any User's misuse or misappropriation of anything you post in any forums, blogs, and/or chat rooms supported by the Site.
7. What personal information does Side Arts collect and why?
- Information that you give us - we collect information about you when you register for the Service, when you interact with us online (for example via email) and when you subscribe to the service.
- Information we collect about you and your device - we automatically collect some information about the devices you use to access the Services in order to provide greater customer support in solving any issues that may arise.
- Information we receive from third parties - we automatically ingest information from third parties that you connect with the Services, for example Instagram, and other social networks. That information is governed by their respective Privacy Policies.
7.2 We use your email address to: log you in to the App, communicate with you about new features, support items, important account notifications and other marketing related emails. You may always opt out of the marketing emails that we provide if you choose to do so.
7.3 Questions of website usage may be addressed to firstname.lastname@example.org
8. Protecting copyright and other intellectual property
8.1. Side Arts respects the intellectual property of others, and requires that all Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. Side Arts reserves the right, at its discretion, to permanently exclude any User who may be infringing upon the intellectual property rights of others from accessing the Site, the Materials and/or the Services.
8.2. Anyone who believes that their work has been copied and posted on or through the Site in a way that constitutes copyright infringement and/or violation of any other applicable intellectual property law should send Side Arts a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Site (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature.
For copyright inquiries under the Digital Millennium Copyright Act please contact:
Sidearts.com Copyright Agent
636 Wilder Street
Philadelphia, PA 19147
9. EXCLUSION OF WARRANTIES
9.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE "SITE," THE "MATERIALS," AND THE "SERVICES" IS AT YOUR SOLE RISK AND THAT ALL OF THE FOREGOING ARE PROVIDED "AS IS" AND "AS AVAILABLE." "SIDE ARTS" EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
9.2. "SIDE ARTS," ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTION OR WARRANTY TO YOU THAT: (1) YOUR USE OF THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES" WILL MEET YOUR REQUIREMENTS, (2) YOUR USE OF THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES" WILL BE UNINTERRUPTED, TIMELY, SECURE, FREE FROM ERROR OR FREE FOR VIRUSES OR OTHER HARMFUL PROGRAMMING, (3) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES" WILL BE ACCURATE OR RELIABLE, AND (4) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES" WILL BE CORRECTED.
9.3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES" IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH "MATERIAL" AND/OR "SERVICE."
10. LIMITATION OF LIABILITY
10.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT "SIDE ARTS," ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTIAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM ANY MATTER RELATING TO THE "SITE," THE "MATERIALS" AND/OR THE "SERVICES" INCLUDING BUT NOT LIMITED TO (I) USE OR INABILITY TO USE THE "SITE," "MATERIALS" AND/OR THE "SERVICES"; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE "SITE" OR THE "SERVICES"; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES,"; (IV) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES," (V) ANY CHANGES WHICH "SIDE ARTS" MAY MAKE TO THE "SITE," THE "MATERIALS," AND/OR THE "SERVICES" OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF ANY OF THE FOREGOING (OR ANY FEATURES WITHIN ANY OF THE FOREGOING), (VI) YOUR FAILURE TO PROVIDE "SIDE ARTS" WITH ACCURATE ACCOUNT INFORMATION, AND (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
10.2. THE LIMITATIONS ON "SIDE ARTS" LIABILITY TO YOU DESCRIBED IN THE PARAGRAPH ABOVE SHALL APPLY WHETHER OR NOT "SIDE ARTS" HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
10.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 8 AND 9 MAY NOT APPLY TO YOU.
11. No liability for actions of third parties
11.1. Materials and Services posted to the Site by Users may contain links to other websites. Side Arts is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Side Arts.
11.2. Inclusion of any linked website on or through the Site does not imply approval or endorsement of the linked website by Side Arts. When you access these third party sites, you do so at your own risk. Side Arts is not responsible for third party advertisements and/or applications that are posted on or through the Site, nor does it take any responsibility for the goods or services provided by its advertisers.
11.3. Side Arts is not responsible for the online or offline conduct of any User.
11.4. Side Arts assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication.
11.5. Side Arts is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the internet or on any of the Site, the Materials or the Services, including any injury or damage to Users or to any User's or other person's computer related to or resulting from participation or downloading data, information, or anything similar to each of the foregoing in connection with any of the foregoing.
11.6. Under no circumstances shall Side Arts be responsible for any loss or damage, including personal injury or death, resulting from use of the Site, Materials and/or Services, attendance at a Side Arts event, from any Material and/or Service posted by a User to the Site, or from the conduct of any User, whether online or offline.
11.7. Side Arts cannot guarantee and does not promise any specific results from use of the Site, Materials and/or Services.
13.7. Side Arts, LLC recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children's online activities and interests. This Site is not intended for children under the age of 13; any user under the age of 13 must cease using the Site. Side Arts, LLC does not target its services or this Site to children under 13. Side Arts, LLC does not knowingly collect personally identifiable information from children under the age of 13.
We value your privacy online and want to make this as short and transparent as possible. Here is how we approach privacy and your information at sidearts.com:
- We will not share your contact or billing information without your explicit permission.
- We track when our users click on links out to other sites using Google Analytics and our own software. This tracking is anonymous and not linked to your Side Arts account or any other account.
- We may store cookies on your machine to remember certain preferences made on the site (filters, UI elements).
- We are not currently running ads on the site. In the future, ads we run may use browser cookies to track your actions on the site.
AFFILIATE MARKETING DISCLOSURE
Side Arts is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Side Arts receives a commission if you use affiliate links.