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I agree to the artrise.com terms and conditions.

Artrise Terms and Conditions

Date Last Modified: August 18, 2010


In order to use the Services, you must first agree to the Terms in this Terms of Service Agreement. You may not use the Services if you do not accept the Terms. You can accept the Terms by: (A) clicking to accept or agree to the Terms, where this option is made available to you by S.C. ARTRISE DOTCOM, SRL (herein "ARTRISE") in the user interface for any Service; or (B) by actually using the ARTRISE Services. In this case, you understand and agree that you will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with ARTRISE, or (b) you are a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services. Each use of the Services provided by ARTRISE is an acceptance of these Terms of Service.

1. The ARTRISE Network

ARTRISE, LLC (hereinafter "ARTRISE" check XX, two companies ?) is a Romanian Corporation which develops and maintains a network of content creators and advertisers. ARTRISE also owns related technologies that facilitate the distribution of content from participating content creators and that provide links to advertising content from participating advertising partners. This network and technology are referred to after this as the "ARTRISE Network." ARTRISE makes, or may make, the ARTRISE Network available to the public through one or more channels. These channels include but are not limited to the following: (a) Online, via the ARTRISE website (currently located at "http://www.ARTRISE.com") (the "ARTRISE Site") and/or via the websites, software applications, plug-ins, blogs, media search engines, toolbars, games, components or downloadable code, and other viral online mediums such as peer-to-peer networks, file sharing, instant messaging and email of ARTRISE and ARTRISE's distribution partners. All of the channels mentioned above in this section 1: (a) are referred to after this collectively as "Online Distribution"; (b) Broadcast, via cable, satellite and digital television, video, laser disc, DVD, CD-Rom and motion picture distribution, whether over-the-air, wireless or in the foregoing hard-copy media (collectively, "Broadcast Distribution"); and (c) Distribution via mobile phones and other handheld or portable devices ("Mobile Distribution"). All distribution channels, including but not limited to (a), (b) and (c), are referred to collectively as the "ARTRISE Distribution Network."

2. The ARTRISE Partner Program

The ARTRISE Network, the ARTRISE Site, the ARTRISE Distribution Network and related products and services are together referred to as the "ARTRISE Products". The ARTRISE Partner Program permits You, which includes all visitors, content creators, and advertisers, and members of the public, to participate in, use and/or obtain access to the ARTRISE Products in a variety of ways. These include but are not limited to the following: (a) Participation as a content creator, by creating and submitting any electronic content (text, comments, images, audio and audio-visual works) for distribution in the ARTRISE Distribution Network (hereinafter anyone who participates in this content creation and submission is an "Content Creator"); (b) Participation as an advertising sponsor, by creating and submitting advertising content for distribution in the ARTRISE Distribution Network (hereinafter a "Sponsor"); (c) Participation as a member of ARTRISE, by submitting reviews, communicating with other ARTRISE Partner Program members and sharing or submitting other information (hereinafter a "Community Member") and (d) by being an unregistered visitor to the ARTRISE Distribution Network (hereinafter a "Visitor"). All Content Creators, Sponsors and Community Members must register with ARTRISE.

3. Registration

(a) To Participate, You must register online with ARTRISE at the ARTRISE Site, or through the websites of a ARTRISE third party affiliate or partner, and create a unique, password-protected account ("Account"). You will be responsible for safeguarding Your password. You also take full responsibility for any actions under Your password and Account, whether authorized by You or not. You are responsible for keeping Your Account information current. You acknowledge and agree that ARTRISE will have no responsibility or liability, directly or indirectly, for: (i) the availability of the external websites or resources of such third party affiliates or partners; (ii) the acts or omissions of, or any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on, such third party affiliates or partners, regarding Your Account; or (iii) failure to deliver notices or payments that result from inaccurate Account information.

4. Policies

Your Participation is subject to all applicable ARTRISE specification guidelines, requirements and policies which ARTRISE may provide from time to time. These include but are not limited to the Copyright Policy, the Privacy Policy and any specification guidelines (together, the "Policies"). You agree to comply with the Policies to enable, as applicable, proper delivery, display, tracking and reporting of actions related to the ARTRISE Partner Program.

5. Modifications

ARTRISE, at any time and from time to time, may modify this Agreement and the Policies, or may modify, suspend or discontinue, temporarily or permanently, the ARTRISE Products or the ARTRISE Partner Program (or any parts thereof). Modifications to this Agreement and Policies will be posted on the ARTRISE Site or made in compliance with any notice requirements set forth in this Agreement. Modifications to the ARTRISE Products or the ARTRISE Partner Program will be effective upon posting to the ARTRISE Site. You agree that ARTRISE shall not be liable to You or to any third party for any modification, suspension or discontinuance of this Agreement, the Policies, the ARTRISE Products or the ARTRISE Partner Program. By continuing to Participate after ARTRISE has posted any such modifications or provided any required notices, You agree to be bound by the modifications. Please review this Agreement and

the Policies regularly so that You will be apprised of any modifications. If any modification is not acceptable to You, Your only recourse is to cease Participation and implement the termination procedures set forth in Section 14.

6. Participation

At the time of registration, You will be given the opportunity to select one or more features of the ARTRISE Partner Program in which You wish to Participate (for example, as a Content Creator or a Community Member). To remain eligible for Participation, You must at all times comply with the terms and conditions of this Agreement and all Policies. ARTRISE reserves the right to refuse Participation to any applicant or participant at any time in its sole discretion and to terminate the Account in accordance with Section 14. Your participation may include that of a "Content Creator" who provides content, a "Commentor" providing comments or feedback on other Content Creator's uploaded content, a "Sponsor" providing ads, or a "Public Member" viewing the ARTRISE website.

(a) Content Creators. If You Participate as a Content Creator, You must register and You are solely responsible for all content You transmit or submit to ARTRISE or through the ARTRISE Partner Program, whether created by or for You or transmitted to ARTISE by you, including but not limited to graphics, music, sound, images, files, photos, animation, artwork, text, commentary, data, information, messages, hypertext links, scripts or other material (collectively, "Content"). ARTRISE disclaims all liability relating to Your Content. As more fully set forth in Section 17 ("Representations and Warranties"), Restrictions on Content submissions are detailed in Section 22(i).

In connection with ARTRISE's marketing, distribution and the provisions of ARTRISE's Partner Program, You permit ARTRISE, as further described in Section 10, to (i) host, index and cache Your Content; (ii) tag Your Content with information that will be used by ARTRISE to identity it as Your Content and assist ARTRISE in properly tracking Your Content; and (iii) engage in such further actions regarding Your Content as may be necessary or appropriate in order to effect the purposes of the ARTRISE Partner Program.

ARTRISE may, in its sole discretion, (a) reject, suspend access to or remove any of Your Content from the ARTRISE Network at any time that ARTRISE deems it unsuitable for the ARTRISE Network or for distribution in the ARTRISE Distribution Network; (b) store and keep all Content indefinitely, and (c) modify any meta data You submit with Your Content, including without limitation meta tags, age rating, descriptive language, search terms, category and keyword modifiers. ARTRISE shall have no liability for taking such actions. You agree and accept that ARTRISE does not guarantee that Your Content will be distributed on any part of the ARTRISE Distribution Network and that distribution may be subject to acceptance by any of the Third Party Service Providers.

During the Term, You may request in writing that ARTRISE remove any or all of Your Content from the ARTRISE Site. Upon such a request to remove Content, ARTRISE will use commercially reasonable efforts to ensure the Content is removed from the ARTRISE Site within seventy-two (72) hours following Your written request. However, You acknowledge and agree that ARTRISE shall have no obligation to attempt to remove from distribution any of Your Content that is otherwise publicly available through the Internet or other publicly accessible medium. In the event that ARTRISE fails to remove such requested Content from the ARTRISE Site within seventy-two (72) hours after Your written request for removal, ARTRISE shall not be liable to You for damages or charges of any kind in an amount greater than ten dollars ($10.00US). For the avoidance of doubt, ARTRISE cannot, and has no obligation to, remove any of Your Content that has been distributed through the ARTRISE Distribution Network. ARTRISE may keep and store Content indefinitely.

(b) Sponsors. If You Participate as a Sponsor, You are solely responsible for all advertising content You transmit or submit to ARTRISE or through the ARTRISE Partner Program, whether created by or for You, including but not limited to: (i) artwork, written content, images, photos, graphics, music, animation, data, text, information, URLs, hypertext links, scripts and the content and material included in such components; and (ii) websites and content proximately reachable from such advertising content (collectively, "Ads"). Prior to providing any Ads and Participating as a Sponsor, You may be required to read and accept additional written terms and conditions governing Your submission of Ads to ARTRISE (the "Advertiser Agreement"). ARTRISE disclaims all liability relating to Your Ads and You agree to indemnify ARTRISE for all loses ARTRISE incurs associated with the Ads. You may not submit Ads that contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. ARTISE, in its sole discretion, has the right to determine whether any Ads contain any pornographic, morally offensive, infringing, hate-related, violent or illegal content. In connection with ARTRISE's marketing, distribution and the provisions of ARTRISE's Partner Program, and in addition to the terms set forth in the Advertiser Agreement, You permit ARTRISE to: (a) tag Your Ad with information that will be used by ARTRISE to identity it as Your Ad and assist ARTRISE in properly tracking the Ad; (b) associate Your Ad with Content, and (c) distribute, or have distributed, Your Ad in the ARTRISE Distribution Network via Online Distribution. ARTRISE may, in its discretion, reject, suspend access to or remove any of Your Ads from the ARTRISE Network at any time. You agree and accept that distribution of Your Ads on any part of the ARTRISE Distribution Network may be subject to acceptance by any applicable Third Party Service Providers.

(c) Community Members. If You register to Participate, You will automatically become a Community Member. As a Community Member, You may communicate with (1) ARTRISE and other Account holders, (2) post or publish comments or rating features regarding Content and Ads, ARTRISE Products or the ARTRISE Partner Program in, as may be made available at ARTRISE's complete discretion, (3) a discussion group, chat area, bulletin board, feedback area, news group, job postings, email functionality or other communication feature. All such communications are referred to after this as "Member Comments". You are solely responsible for all Member Comments You transmit or submit to ARTRISE or through the ARTRISE Partner Program, whether created by or for You or transmitted by You, including but not limited to websites and content proximately reachable from such Member Comments. ARTRISE disclaims all liability relating to Your Member Comments, and You agree to indemnify ARTRISE for all loses ARTRISE incurs associated with the Member Comments. You may not submit any Member Comments that contain any sexually suggestive, pornographic, infringing, hate-related, violent or illegal content, hyperlinks, metatags, hidden messages or links.

(d) Profile Information: Upon registration all Community Members will be permitted to fill out a profile which may include the following information or things: picture, location, contacts, experience, education, website, awards, and recommendations (hereinafter "Profile Information"). As a Community Member, you can control the amount of access others may have to your Profile Information displayed on the ARTRISE Network. Profile Information is accessible in the following manner: (i) Public, wherein all Your Profile Information is available to anyone searching the Internet; or (ii) Semi-Restricted, wherein Your Profile Information is viewable by only those other Public Members who you have specifically listed in your "Friends List".

(e) Visitors: If you visit any of the ARTRISE Partner Program sites, but fail to register, your access and rights to use the ARTRISE Distribution Network services will be significantly limited. As a Visitor you are restricted from all of the following aspects of the ARTRISE Distribution Network: content creation, discussion groups, chat areas, bulletin boards, feedback areas, news groups, job postings, email functionality or other communication features. Your rights and obligations for the limited scope of use within the ARTRISE Distribution Network are explained in further detail in sections below.

7. Participation at Your Own Risk

Your Participation is at Your own risk. Although the ARTRISE Partner Program enables users to connect and share Content and Member Comments with one another and with Visitors, end users or others, ARTRISE has no responsibility to control of monitor any information or exchanges between or among Community Members. ARTRISE does not control the Content, Ads and Member Comments made available through the ARTRISE Products. ARTRISE will remove, at its own discretion, with no obligation thereto, any Content, Ads and Member Comments which violate the terms of this Agreement. Some people may find Content, Ads and Member Comments objectionable, inappropriate or offensive. ARTRISE does not control or guarantee, nor is ARTRISE responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any Content, Ads and Member Comments. ARTRISE assumes no responsibility for monitoring any Content, Ads or Member Comments or conduct during Participation. If ARTRISE chooses, at any time in its sole discretion, to monitor (in whole or in part) Content, Ads, Member Comments or conduct during Participation, ARTRISE nonetheless assumes no responsibility for Content, Ads and Member Comments, no obligation to modify or remove any Content, Ads or Member Comments and no responsibility for conduct during Participation. You agree that ARTRISE has no responsibility or liability for the deletion or failure to store, maintain or transmit any Content, Ads or Member Comments, and You agree to indemnify ARTRISE for all loses ARTRISE incurs associated with the deletion or failure to store, maintain or transmit any Content, Ads or Member Comments.

8. Job Database

The job posting, resume database ("ARTRISE Job Database") and other features of the ARTRISE Distribution Network may be used only for lawful purposes by Community Members as individuals seeking employment and career information and employers seeking employees. The ARTIRSE Job Database may be used only for lawful purposes by individuals to network for personal or professional purposes with other individuals.

ARTRISE specifically prohibits any other use of the ARTRISE Distribution Network, and all Community Members agree not to do any of the following: (a) post any jobs on any ARTRISE Sites for any competitor of ARTRISE or post jobs or other content that contains links to any site competitive with ARTRISE ; (b) post jobs or content on any ARTRISE Site that contain hyperlinks, "hidden" keywords or keywords or metadata that are irrelevant to the job or are otherwise misleading; (c) use any ARTRISE Job Database for any purpose other than as an employer seeking employees or prospective employees seeking employment, including but not limited to using the information in the ARTRISE Job Database to sell or promote any products or services; (d) post or submit to any ARTRISE Site any incomplete, false or inaccurate biographical information or information which is not Your own; (e) post on any ARTRISE Site any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents; (f) send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a Community Member or a Visitor to any ARTRISE Site; (g) delete or revise any material posted by any other person or entity; and (h) take any action that imposes an unreasonable or disproportionately large load on any ARTRISE's infrastructure.

ARTRISE does not guarantee the accuracy or availability of any job postings and the accuracy or availability of the ARTRISE Job Database. ARTRISE specifically disclaims the nature or quality of any job postings and the accuracy and availability of the ARTRISE Job Database. ARTRISE makes no warranties regarding Your ability to apply, interview or obtain any job posted in the ARTRISE Job Database or in the ARTRISE Distribution Network.

9. Privacy

Your Participation is governed by the ARTRISE Privacy Policy, which is incorporated into this Agreement by reference. Furthermore, by Participating, You understand that when You view or interact with ARTRISE Products and features of the ARTRISE Partner Program (for example, by clicking on an Ad), ARTRISE may collect (and You may provide to ARTRISE) information that is specific to how You access and use the Internet as well as how You view and/or interact with ARTRISE Products ("Access Information"). Access Information may include, but is not limited to, an IP address, the website a Community Member or Visitor is logged onto, the geographic location of the IP address the Community Member or Visitor is using to access the Internet, the type of browser used, which and how many web pages have been viewed by the Community Member or Visitor, search terms used, referring/exit pages, platform type and date/time information. This information is anonymous and does not personally identify a Community Member or Visitor. ARTRISE uses Access Information for the purpose of monitoring delivery and distribution of the Content and Ads, improving Ad targeting, delivery and reporting, improving the ARTRISE Products and the ARTRISE Partner Program and measuring their effectiveness with Community Members and Visitors. Access Information may be shared with ARTRISE's Third Party Services Providers, affiliates, business partners, sponsors, advertisers, employees, customers and distribution partners.

10. Proprietary Rights & Licenses

(a) ARTRISE's Ownership Rights.

ARTRISE and its licensors own all right, title and interest, including without limitation all worldwide intellectual property rights in the ARTRISE Products and the ARTRISE Partner Program, and all such rights to all derivative works or enhancements of, in and to, or relating to, the ARTRISE Products and the ARTRISE Partner Program. By entering into this Agreement or by Your Participation, You will not acquire any intellectual property or similar rights in the ARTRISE Products, the ARTRISE Partner Program or related products and services other than a limited right to use the Products for Your personal benefit. You agree You will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ARTRISE Products, the ARTRISE Partner Program or related products and services; or (ii) use ARTRISE's name, logo, trademark, trade names or service marks except as expressly permitted in this Agreement without ARTRISE's prior written consent.

(b) Your Ownership Rights. Subject to the licenses granted in this Agreement, You retain all right, title and interest, including without limitation all worldwide intellectual property rights, in and to Your Content that is submitted, posted or displayed by You on or through the ARTRISE Products and ARTRISE Partner Program. By posting or providing Content or Ads, You grant ARTRISE an unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works of Your Content and Ads without further compensation or payment. Your request to remove Your Content does not alter or effect ARTISE's unlimited, worldwide, perpetual, non-exclusive right and license to use, display, distribute, copy, share, modify and create derivative works. ARTRISE shall not acquire any right, title or interest in or to such Content, except as provided herein. Any rights not granted by You herein are deemed retained by You. You acknowledge that You are aware that ARTRISE has limited practical ability to control or monitor possible infringement of Your intellectual property rights by other parties and that ARTRISE assumes no responsibility for controlling or monitoring such intellectual property rights. In addition, ARTRISE is not responsible for enforcing Your intellectual property or for suing or taking other legal action against infringers who fail to cease using Your Content upon revocation. You or a third party licensor, as appropriate, are responsible for protecting Your intellectual property rights. ARTRISE may, at its discretion, choose to assist You in connection with protecting or enforcing Your intellectual property rights in a particular instance; in such event, this does not mean that ARTRISE has an obligation to do so in any other instance and this does not mean that ARTRISE has an obligation to effectively protect or enforce Your intellectual property rights.

(c) ARTRISE's Trademark License to You.

During the term of this Agreement, and subject to Your compliance with the terms and conditions of this Agreement, You will have the right to use the trade names, trademarks, logos and designations in or associated with the ARTRISE Network (the "ARTRISE Marks") solely for purposes of identifying ARTRISE and solely in connection with Your permitted activities under this Agreement. You agree that the ARTRISE Marks and all associated goodwill are and will remain the sole property of ARTRISE, that any goodwill generated as a result of Your licensed use of ARTRISE Marks belongs exclusively to ARTRISE and inures solely to the benefit of ARTRISE, and that Your use of ARTRISE Marks is subject to ARTRISE's control of the quality of any products or services with respect to which You may be authorized to use ARTRISE Marks.

(d) Content Creators:

Your Revocable Limited License to ARTRISE.

In connection with Your Participation as a Content Creator, and solely insofar as such supplemental Distribution Channels are made available to and selected by You, in order to allow ARTRISE to distribute Your Content in the ARTRISE Distribution Network, You hereby grant (or warrant that the owner of such rights has expressly granted) to ARTRISE a worldwide, revocable, non-exclusive, sublicensable, limited right and license to use, copy, distribute, reproduce, make derivative works, modify and adapt (including permitting ARTRISE to conform and adapt Your Content to technical requirements, including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), excerpt, publish, transmit, publicly perform, display, reference, store, host, index and cache, in any form, medium or technology now known or later developed, any Content, Member Comments or materials You submit to ARTRISE, in whole or in part, whether created by or for You, by any method, and in any and all media, whether currently existing or hereafter developed. You understand that Your revocable limited license to ARTRISE includes Your grant to ARTRISE of the right to create, display and distribute a derivative work based on Your Content and the use of Content Creator's name, which derivative work is comprised solely of Your Content as adapted to include ARTRISE's computer software, to identity Your submission as Your Content, to assist ARTRISE in properly tracking Your Content, and to effect related functions. (After this, we refer to the aforementioned derivative work as "Your ARTRISE Derivative Content."). ARTRISE's rights, with respect to Your ARTRISE Derivative Content, are limited to its rights set forth in this Agreement, and ARTRISE expressly waives and disclaims, with respect to You, any other rights it might otherwise hold to Your ARTRISE Derivative Content under copyright law. As more fully described in Section 14 ("Term and Termination"), this license will terminate: (i) with respect to any Content that You have requested be removed in writing in accordance with Section 6(a) ("Participation; Content Creators"); and (ii) upon termination of the Agreement in accordance with Section 14 ("Term and Termination").

(e) Content Creators: Your Revocable Online Commercial Distribution License.

In connection with Your Participation as a Content Creator, in order to allow ARTRISE and others to distribute Your ARTRISE Derivative Content in the ARTRISE Distribution Network through Online Distribution, You hereby grant (or warrant that the owner of such rights has expressly granted) to ARTRISE and Third Party Service Providers a limited, revocable right to use, reproduce, publicly perform, distribute and display Your ARTRISE Derivative Content and Content Creator's name for monetary compensation or commercial purposes in the ARTRISE Distribution Network as contemplated by this Agreement and to engage in such further actions relating to and in connection with Your Content as may be necessary or appropriate in order to effect the purposes of the ARTRISE Distribution Network.

(f) Content Creators: Your Irrevocable Non-Commercial Distribution License.

In connection with Your Participation as a Content Creator, You hereby grant (or warrant that the owner of such rights has expressly granted) to any persons or entities who want to use Your ARTRISE Derivative Content in a manner not intended for commercial advantage or private monetary compensation, a right to use, reproduce, publicly perform, distribute and display Your ARTRISE Derivative Content for non-commercial purposes. Insofar as ARTRISE holds any rights to Your ARTRISE Derivative Content pursuant to Section 10(d) of this Agreement, ARTRISE also grants the rights stated in this paragraph to such persons or entities.

(g) Sponsors: Your License to ARTRISE.

The licenses relating to the use and distribution of Your Ads will be set forth in any Advertiser Agreement between You and ARTRISE.

(h) Community Members: Your License to ARTRISE.

In connection with Your Participation as a Community Member, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any Member Comments, You hereby grant (or warrant that the owner of such rights has expressly granted) ARTRISE a worldwide, royalty-free, non-exclusive, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, create derivative works of, perform, display, distribute, publish and transmit such Member Comments in any form, medium or technology now known or later developed. You warrant that any Member Comments You submit do not infringe upon any rights, including intellectual property rights, of any other parties. In addition, You warrant that all so-called moral rights in the Member Comments have been waived.

(i) Your Information.

You authorize ARTRISE to use, as applicable to Your Participation, Your name and Your trademarks, service marks, trade names, Content Creator's name, proprietary logos, domain names, usage statistics and any other source or business identifiers (collectively, "Your Information") in presentations, as a feature on the ARTRISE Site, marketing materials, customer lists and financial reports, in connection with ARTRISE's marketing, distribution and provision of the ARTRISE Products and ARTRISE Partner Program from the time You register as a Community Member and as long as ARTISE provides Content on the ARTISE Network. You also grant ARTRISE a non-exclusive license to index and cache Your Information and any portion thereof, by manual or automated means (including with web spiders and crawlers), for purposes of promoting, providing and improving the ARTRISE Products and the ARTRISE Partner Program and for soliciting other distributors, publishers, creators and advertisers to use the ARTRISE Products and Participate. You acknowledge and agree: (i) that You understand that You may provide, and ARTRISE may collect, Your Information during Your Participation; and (ii) that Your Information may be shared with ARTRISE's affiliates, business partners, sponsors, advertisers, employees, customers and distribution partners.

(j) No Endorsement; No Publicity.

ARTRISE does not endorse, verify, evaluate or guarantee any information or Content or Ads provided by users, including You, and nothing shall be considered as an endorsement, verification or guarantee of any information or Content or Ads. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which offer such information, (i) containing or suggesting an endorsement by ARTRISE of You or Your Content or Ads; or (ii) relating to this Agreement, without the prior review and written approval of ARTRISE. Notwithstanding the foregoing, You may accurately disclose and describe Your Participation and Your Content (for example, describing and promoting Your Content on Your blog or in emails).

(k) Reserved Rights.

You will not attempt to copy, modify, download, prepare derivative works from, translate, adapt, edit, decompile, disassemble or reverse engineer any specifications, technology, applications or software programs provided or made accessible to You or used by ARTRISE in connection with the ARTRISE Products and ARTRISE Partner Program in any way, unless expressly authorized in writing by ARTRISE. ARTRISE may modify the format and look and feel of the ARTRISE Products and ARTRISE Partner Program from time to time. Excluding Your Content or Ads, You agree to assign and hereby do assign to ARTRISE and its licensors (as applicable) all right, title and interest in and to any part of the ARTRISE Products and ARTRISE Partner Program that You may have or acquire during Your Participation. You warrant that all so-called moral rights You may have in the ARTRISE Products or ARTRISE Partner Program are hereby waived. You will not delete, remove, obscure or in any manner alter the copyright, trademark, license or other proprietary rights notices affixed to or contained in the ARTRISE Products or ARTRISE Partner Program. Any rights not expressly granted herein are deemed withheld.

11. Action Fraud

You will not, and will not authorize any party to, directly or indirectly, generate automated, fraudulent or otherwise invalid Click or Impression Actions. If, in ARTRISE's reasonable business judgment, such Actions or activity related to Your Account is suspected or determined to be so-called "click fraud" or "impression fraud", whether in any automated or human way, by the use of a person, an automated script or a computer program (for example, online robots or "bots") to click on content, vote for content, or to increase impressions, skew results or imitate a legitimate user of a web browser, ARTRISE may suspend or otherwise disable Your Account until such time as the matter is resolved to ARTRISE's satisfaction.

12. Adult Content Prohibited

You will not use the ARTRISE Site or ARTRISE Partner Program for any purpose or in any manner to display, post or make available any sexual, pornographic or erotic material nor upload, email, post, publish, distribute, transmit, submit or otherwise make available through the ARTRISE Site or ARTRISE Partner Program any Content, Ads or Member Comments, or Job Postings in the Job Database that is of, or is suggestive of, a sexual, pornographic or erotic nature ("Adult Content"). Examples of content that ARTRISE, in its sole discretion, considers to be Adult Content include, but are not limited to material that is pornographic, obscene, indecent or profane in its use of sexual language or description or depictions of sexual acts or "X" rated by third party rating services. If ARTRISE finds Content that it determines, in its sole discretion, contains Adult Content, ARTRISE may, without notice, remove or block access to such Content. ARTRISE reserves the right to suspend or cancel at any time and without notice Your Account, that ARTRISE, in its sole discretion, determines to be in violation of this Section. ARTRISE will take all appropriate steps with Content that ARTRISE believes violates applicable laws, including cooperation with any law enforcement investigation. If You see content that You believe is Adult Content or is in violation of law or this Section, You should contact ARTRISE immediately.

13. Copyright Infringement

You will not use the ARTRISE Site or ARTRISE Partner Program for any purpose or in any manner that infringes the copyrights of any third party, nor will You upload, email, post, publish, distribute, transmit, submit or otherwise make available through the ARTRISE Site or ARTRISE Partner Program any content, that infringes the copyrighted works or violates the intellectual property rights of any third party. In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), it is ARTRISE's policy to respond to notices of any actual or alleged infringement that are reported to ARTRISE's "Designated Copyright Agent" and that comply with the DMCA. It is ARTRISE's policy to terminate the Accounts of users of repeat infringers or of users repeatedly charged with infringement, in appropriate circumstances. If You believe that a work has been copied in a way that constitutes copyright infringement, You should send a notice of infringement to ARTRISE's Designated Copyright Agent in accordance with ARTRISE's Copyright Policy including the following:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf.

Attn: Copyright Agent-ARTRISE

Artrise Dotcom S.R.L, Poienelor 5, Brasov, Romania 500419

Fax: 01140268311736

Email: contact@artrise.com

14. Term and Termination

(a) Termination.

ARTRISE may immediately terminate this Agreement, or cancel the ARTRISE Partner Program, for any reason at any time. You may terminate this Agreement at any time by disabling Your Account or providing notice to ARTRISE as set forth in Section 15 ("Notifications").

(b) Effect of Termination. General.

Upon termination or expiration of this Agreement, Your right to Participate will automatically terminate. In the event of termination, Your Account will be disabled and You may not be granted access to Your Account or any files or other content contained in Your Account although residual copies of information may remain in the ARTRISE Partner Program system. Upon termination: (i) all licenses granted to You hereunder will immediately terminate, with the exception of those specifically retained in section 10 above; (ii) You will promptly destroy all copies of ARTRISE content in Your possession or control; and upon termination, ARTRISE may continue to use any user analytics collected hereunder for solely internal (including archival) purposes, and all related licenses You have granted ARTRISE shall remain in effect for this purpose only. In the event that this Agreement or the ARTRISE Partner Program expires or is terminated, ARTRISE shall not be obligated to return any materials to You.

(c) Content Creators, Sponsors, Community Members, Public Members, Visitors.

Upon termination, ARTRISE will remove any Ads or deactivate any Ad links associated with Your Content, remove any of Your Ads and any Community content you have posted or delivered to ARTRISE. Although ARTRISE will use commercially reasonable efforts to ensure Your Content, remove any of Your Ads and any commentary You have posted or delivered to ARTRISE are removed from the ARTRISE Site within seventy-two (72) hours following termination, ARTRISE shall have no obligation to remove any of the above identified items that are otherwise publicly available through the Internet or other publicly accessible medium; or In the event that ARTRISE does not remove any of the above identified items from the ARTRISE Site within seventy-two (72) hours through inadvertence or other error, ARTRISE shall not be liable to You for damages greater than $20.00. For the avoidance of doubt, ARTRISE cannot, and has no obligation to, remove any of the above identified items that have been distributed through the ARTRISE Distribution Network.

(d) Survival.

The rights and obligations contained in Section 9; Section 10(a) ("ARTRISE's Ownership Rights"); 10(b) ("Your Ownership Rights"); Section 10(d); Section 10(f) ("Content Creators: Your Irrevocable Non-Commercial Distribution License"); Sections 10(g) through 10(i); Section 10(k); Section 11; Section 13; Section 14; Section 16 ("Confidential Information"); Sections 17, 18, 19, 20 , 21 and 22 of this Agreement will survive termination or expiration of this Agreement for any reason.

15. Notifications

ARTRISE may provide notices, regarding administrative matters related to Your Account or the operation of the ARTRISE Network, to You by email to the email address specified in Your Account, by posting a message to Your Account interface or by posting a message to the ARTRISE Site, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages to Your Account interface or on the ARTRISE Site). Any notices to ARTRISE must be sent either: (i) via first class or air mail or overnight courier to S.C. Artrise Dotcom S.R.L, Poienelor 5, Brasov, Romania 500419; or (ii) via confirmed facsimile (fax number 01140268311736), with a copy sent via first class or air mail or overnight courier, and are deemed given upon receipt.

16. Confidential Information

During the term of this Agreement, You may receive confidential information from ARTRISE related to Your Participation. Except as expressly authorized by this Agreement or necessary for performance under this Agreement, You will use reasonable efforts to maintain the confidentiality of all such information and You will not disclose such information without the prior written consent of ARTRISE. In no event will You use less effort to maintain the confidentiality of such information than You ordinarily use with respect to Your own confidential information. The foregoing will not restrict You from disclosing confidential information of ARTRISE: (a) pursuant to the order or requirement of a court, administrative agency, or other governmental body, provided that if You are required to make such a disclosure, You give reasonable and timely notice to ARTRISE to contest such order or requirement; and (b) on a confidential basis to Your legal or financial advisors, or prospective acquirers or investors. Examples of ARTRISE confidential information include without limitation: (i) all software, technology, services, algorithms, search engines and search indices, programming, specifications, materials, guidelines and documentation relating to the ARTRISE Products and the ARTRISE Partner Program; (ii) click-through or Advertising Action rates, conversion rates and other statistics relating to the ARTRISE Products and the ARTRISE Partner Program; and (iii) Trial Features or any other information designated in writing by ARTRISE as "Confidential" or an equivalent designation. Confidential information does not include information that: (a) is or becomes generally known to the public through no fault of or breach of this Agreement by You; (b) is rightfully known by You at the time of disclosure without a confidentiality obligation; (c) is independently developed by You without use of ARTRISE's confidential information; or (d) You rightfully obtain from a third party without disclosure restrictions.

17. Representation & Warranties

(a) Your Authority.

You represent and warrant to ARTRISE that: (i) You have all requisite power and authority, corporate or otherwise, to enter into this Agreement, conduct Yourself and Your business and to execute, deliver, and perform all of Your obligations under this Agreement; (ii) You have provided, and will continue to provide, information that is correct and current; (iii) You are the owner-or the authorized agent of the owner-of Your Content (if You are a Content Creator), Your Ads (if You are a Sponsor), and Your Member Comments (if You are a Community Member) and have full technical and editorial control of the same; (iv) You have the right to grant the licenses granted under this Agreement; (v) Your performance under this Agreement and/or the rights granted herein do not and will not conflict with or result in a breach or violation of any of the terms or provisions, or constitute a default under any contract or agreement, to which You are currently bound or will become bound in the future; (vi)Your performance under this Agreement will comply with all applicable laws, rules and regulations (including, without limitation, export control, privacy and obscenity laws), domestic or foreign; (vii) You will Participate solely for the purposes intended and expressly permitted.

(b) Your Materials.

You represent and warrant that Your Content (if You are a Content Creator), Your Ads (if You are a Sponsor), Your Member Comments (if You are a Community Member) or any other information or material You submit or make available to others during Your Participation, and ARTRISE's use thereof pursuant to this Agreement: (i) do not and will not, directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity, including without limitation any copyright, trademark, service mark, trade secret, other intellectual property, publicity or privacy right; (ii) do not contain Adult Content; (iii) are not fraudulent, misleading, hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (iv) do not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another party's use of the ARTRISE Products or Participation in the ARTRISE Partner Program; (v) do not promote illegal or harmful activities or substances (including without limitation activities that promote or provide instructional information about activities such as making or buying illegal weapons or substances); (vi) are not illegal, unlawful or contrary to the laws or regulations in any state or country where, as applicable, Your Content, and Your Ads are created, displayed or accessed; (vii) do not contain any computer programming routines or viruses (including without limitation time bombs, Trojan Horses, worms, Easter Eggs, drop dead devices or cancelbots) that are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to or Participation in the ARTRISE Partner Program or disable, damage or erase any portion of the Content or Ads processed or stored therein; or (viii) do not constitute unsolicited bulk email, junk mail, spam or chain letters.

(c) Your Actions.

You represent and warrant that You will not, and You will not authorize or encourage any third party to, directly or indirectly: (i) obtain any information or materials relating to the ARTRISE Products or the ARTRISE Partner Program through any means not intentionally made available by ARTRISE to You, or attempt to gain unauthorized access to ARTRISE's database, technology, computer systems or networks associated with the ARTRISE Products or the ARTRISE Partner Program; or (ii) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of or impairs the functionality of the ARTRISE Products and the ARTRISE Partner Program.

(d) Cooperation.

You agree to cooperate fully with ARTRISE to investigate any suspected or actual activity that is in breach of this Agreement. You acknowledge that any violation of this Section 17 ("Representations and Warranties") is a material breach of this Agreement and that ARTRISE may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your Account or termination of this Agreement, and the pursuit of all available civil or criminal remedies. ARTRISE reserves the right to investigate, at its own discretion, any activity that ARTRISE suspects may violate this Agreement. ARTRISE may, as applicable, withhold payment, notify Your bank, the authorities, suspend or cancel Your Account and/or take appropriate actions at any time without notice to You if ARTRISE, in its sole discretion, (i) suspects that You have breached or failed to comply (in full or in part) with any provision of this Agreement or any Policies or rules established by ARTRISE; or (ii) suspects that Your actions may be illegal or cause liability.

18. Links

The ARTRISE Products and the ARTRISE Partner Program may provide, or third parties may provide, links to other websites or resources. Because ARTRISE has no control over such sites and resources, You acknowledge and agree that ARTRISE is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that ARTRISE 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 use of or reliance on any such content, goods or services available on or through any such website or resource.

19. Indemnity

You will indemnify, defend and hold ARTRISE and its officers, directors, employees, shareholders, successors, agents, affiliates, subsidiaries and applicable third parties (e.g., relevant content creators, advertisers, Referral partners, referral partners, service providers, licensors, licensees, consultants and contractors) (collectively, the "ARTRISE Entities") harmless from and against any claims, liabilities, losses, costs, damages or expenses (including reasonable attorneys' fees and costs) directly or indirectly arising out of or in any way relating to: (i) Your negligence; (ii) Your gross negligence or willful misconduct; (iii) Your Content (if You are a Content Creator), Your Ads (if You are a Sponsor), Your Member Comments (if You are a Community Member) or any other information or material You submit during Participation; (iv) Your conduct, including Your use of ARTRISE Products or any other actions related to Your Participation; (v) any actual violation or breach of this Agreement, or allegation of such violation or breach by a third party, including breach of any representation made by You hereunder; or (vi) the alleged or actual violation or infringement of any intellectual property, privacy, publicity, confidentiality or proprietary rights of any third-party as a result of any action or Participation by You (collectively, the "Claims"). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the ARTRISE Entities. ARTRISE shall have the right, in its sole discretion, to select its own legal counsel to defend ARTRISE from any Claims (but by doing so shall not excuse Your indemnity obligations) and You shall be solely responsible for the payment of all ARTRISE's reasonable attorneys' fees incurred in connection therewith. You shall notify ARTRISE immediately if You become aware of any actual or potential claims, suits, actions, allegations or charges that could affect Your or ARTRISE's ability to fully perform their respective duties or to exercise its rights under this Agreement. You shall not, without the prior written approval of ARTRISE, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against You, if such settlement or resolution results in any obligation or liability for ARTRISE.

20. No Guarantees; Warranty Disclaimer

(a) No Guarantees.

ARTRISE makes no guarantees: (i) regarding the availability, operation, maintenance, timing or delivery of the ARTRISE Products, the ARTRISE Partner Program or any distribution channel (or any portion thereof); and (ii) regarding the relevancy of any Ads to Content

(b) Warranty Disclaimers.

Your use of the ARTRISE Products and Participation in the ARTRISE Partner Program are at Your sole discretion and risk. The ARTRISE Products and the ARTRISE Partner Program, and all materials, information, products and services included therein, are provide on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind.

THE ARTRISE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE ARTRISE PRODUCTS AND THE ARTRISE PARTNER PROGRAM, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.

The ARTRISE Entities disclaim any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the ARTRISE Products or the ARTRISE Partner Program; (ii) regarding the goods, services, advise, information or links provided by any Third Party Services Providers, Content Creators, Sponsors, or Public Members; (iii) that the ARTRISE Products or the ARTRISE Partner Program will meet Your requirements; or (iv) that the ARTRISE Products or the ARTRISE Partner Program will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by You from ARTRISE or from Your Participation, shall create any warranty not expressly stated in this Agreement.

ARTRISE assumes no responsibility for: (i) 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 communication; and (ii) 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 ARTRISE Products or the ARTRISE Partner Program or combination thereof, including any injury or damage to You or to any person's computer related to or resulting from Participation.

Under no circumstances shall ARTRISE be responsible for any loss or damage, including personal injury or death, resulting from Participation, from any Content, Ads or Member Comments posted on or through the ARTRISE Products or the ARTRISE Partner Program, or from the conduct of any users of the ARTRISE Products or Participation in the ARTRISE Partner Program, whether online or offline.

Some states, countries or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to You.

21. LIMITATION OF LIABILITY

THE ARTRISE ENTITIES WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA OR PROFITS, COST OF PROCURING SUBSTITUTE PRODUCTS OR BUSINESS INTERRUPTION), WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE ARTRISE PRODUCTS, YOUR PARTICIPATION IN THE ARTRISE PARTNER PROGRAM OR USE OF ANY MATERIALS AVAILABLE TO YOU FROM OR THROUGH THE ARTRISE PARTNER PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES), WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT ARTRISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ARTRISE'S LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ARTRISE FOR THE ARTRISE PRODUCTS OR PARTICIPATION IN THE ARTRISE PARTNER PROGRAM.

You acknowledge that ARTRISE permits Your Participation relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain and of the allocation of risks between the parties. ARTRISE shall have no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to ARTRISE's infrastructure or connectivity to the Internet, or failure of any third party distribution partner, (each a "Force Majeure Event"). Upon the occurrence of a Force Majeure Event, ARTRISE will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.

Some states or jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to You.

22. General

(a) Governing Law; Arbitration.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding its conflicts of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is excluded and does not apply to this Agreement. Except as expressly set forth in subsection (b) below ("Injunctive Relief"), any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, shall be submitted to the American Arbitration Association or its successor (herein collectively "AAA") and decided by binding arbitration, in accordance with the AAA's Commercial Arbitration Rules and Procedures as such rules shall be in effect on the date of submission to arbitration, by one arbitrator reasonably familiar with the business pertaining to the products and services covered by this Agreement, appointed in accordance with such Rules and Procedures. The arbitrator shall apply Illinois law to the merits of any dispute or claim. The decision of the arbitrator shall be in writing and shall be final and unappealable. The arbitration shall be conducted in Chicago, Illinois, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. In the event any action is brought by either party in connection with this Agreement, the prevailing party will be entitled to recover from the other party all the costs, attorneys' fees and other expenses reasonably incurred by such party. Any judgment upon award of the arbitrator shall be enforceable against a party and may be entered in any court having jurisdiction of the parties. All offers, promises, conduct and statements, whether oral or written, made in the course of the arbitration (other than the arbitrator's award) by any of the parties, their agents, employees, experts and attorneys, and by the arbitrator and any AAA employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the arbitration.

(b) Injunctive Relief.

Notwithstanding the "Governing Law; Arbitration" section above, You agree that certain breaches by You would cause irreparable injury to ARTRISE, for which there are no adequate remedies at law, and nothing in this Section shall be deemed to prevent or delay ARTRISE's attempt to seek a temporary restraining order, preliminary injunction, specific performance or other interim or conservatory relief from any court having jurisdiction, without any abridgment of the power of the arbitrator, for Your breach of: (i) Section 10(a) ("ARTRISE's Ownership Rights"); (ii) Section 13 ("Copyright Infringement"); and (iii) Section 16 ("Confidential Information").

(c) Assignment.

You may not assign or transfer this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of ARTRISE. Any attempted assignment in violation of this Section will be null and void and of no force or effect. ARTRISE may assign this Agreement freely at any time without notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party's permitted successors and assigns.

(d) Waiver; Severability.

The failure to require performance of any provision shall not affect ARTRISE's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of this Agreement is found to be unenforceable, such portion will be modified to reflect the parties' intention and only to the extent necessary to make it enforceable, and the remaining provisions of this Agreement will remain in full force and effect.

(e) Export Restrictions/Legal Compliance.

You agree to comply with all United States and other applicable export laws and related restrictions and regulations, and not to directly or indirectly export, provide or otherwise make available the services and products of ARTRISE in violation of any such export laws, unless any required prior authorizations or necessary approvals are obtained by You, at Your expense, from the applicable United States or foreign authority.

(f) Entire Agreement.

This Agreement constitutes the entire and exclusive understanding and agreement between You and ARTRISE regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between You and ARTRISE relating to this subject matter. You may be subject to additional terms and conditions that may apply when You use or access certain features of the ARTRISE Partner Program.

(g) Relationship.

You and ARTRISE are independent contractors, and this Agreement, including but not limited to submission or distribution of any Content or Ads, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the You and ARTRISE. Neither party will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in this Agreement. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in this Agreement.

(h) Reserved Rights.

ARTRISE reserves the right to change, in whole or in part, the names, logos, presentation and display of the ARTRISE Member Agreement, the ARTRISE Partner Program and the ARTRISE Products at any time in its sole discretion.

(i) Prohibited Uses

You will not post any Content or use ARTISE Products for any purpose that violates (i) Federal, state or local laws or regulations, (ii) community standards, (iii) International treaties or (iv) these terms, conditions, and notices in this Agreement. You will not use ARTISE Products or ARTISE Service in any manner that violates or infringes upon the rights of others. You will not use ARTISE Products or ARTISE Service to solicit the performance of any activity that is prohibited by law or to solicit any Community Member to become a customer of any other provider of services competitive with ARTRISE. You may not use ARTISE Products or ARTISE Service in any manner that could damage, disable, overburden, or impair ARTRISE or interfere with any other party's use and enjoyment of it. You may not attempt to gain unauthorized access to any Account, computer systems or networks associated with ARTRISE. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through ARTRISE.

By way of example, and not as a limitation, You agree that when using ARTISE Products or ARTISE Service, you will not: (1) Use ARTISE Products or ARTISE Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise), defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; (2) Publish, transfer, distribute or disseminate any information which may be obscene or contain child pornography; (3) Publish, transfer, distribute or disseminate any information which may include an inappropriate or unlawful topic, name, material or information; (4) Transfer, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same; (5) Use any material or information, including images or photographs, which is made available through ARTRISE in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party; (6) Publish, transfer, distribute or disseminate any information that includes personal or identifying information about another person without that person's explicit consent; (7) Publish, transfer, distribute or disseminate any information that is false, deceptive, misleading, deceitful, misinformative, or constitutes "bait and switch"; (8) Publish, transfer, distribute or disseminate any information that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through ARTRISE; (9) Transfer files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another; (10) Download any file transferred by another user of ARTRISE that you know, or reasonably should know, cannot be legally distributed in such manner; (11) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred; (12) Restrict or inhibit any other user from using and enjoying ARTRISE; (13) Violate any code of conduct or other guidelines which may be applicable to ARTRISE; (14) Harvest or otherwise collect information about others, including e-mail addresses; (15) Violate any applicable laws or regulations; (16) Create a false identity for the purpose of misleading others; (17) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of ARTRISE or other ARTRISE user or usage information or any portion thereof.

(j) Headings/Titles

The paragraph/section headings provided herein are for convenience of reference only and shall not serve as a basis for interpretation or construction of this Agreement.

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