ArtStreams TV - Terms of Service

Welcome to ArtStreams™ TV! We apologize for the legalese… but our attorneys insist. This is mostly standard, common-sense stuff you’ll find associated with the usage of most content-based websites and products. Our intention is to always do the right thing by our customers and provide you with a world-class experience. You’ll find lots of answers to common questions on our support pages for ArtStreams TV Home and ArtStreams TV Business. If you have any questions or comments about these Terms of Service after reading them fully, please contact us at service@artstreamstv.com.

Note that this document contains two different Terms of Service, depending upon your personal or business usage.

Terms of Service—Personal

This entire “Terms of Service—Personal” section applies for home and personal use, and ArtStreams TV Home-class accounts. For businesses, government, commercial use and public display, please see the “Terms of Use—Business” section below.

Summary

Here’s a simple plain-English summary of the most important topics covered in this Terms of Service—Personal agreement. We advise you to read then entire document for your complete understanding and protection.

Our services, software and content are our intellectual property and are protected by copyrights, trademarks and so forth. You can’t alter, copy, print, reverse engineer, make derivative works of our art or software, or remove any protections.

You can’t display ArtStreams TV for business or in public unless you subscribe to a business account that grants a public display license. At that point the Terms of Service—Business section of this document apply.

We can make changes to our content and service at any time. We will notify you of price changes 30-days in advance.

You have to be at least 13 to view ArtStreams TV unsupervised, and at least 18 to contract any paid services.

We’re not selling you a product—we’re granting you a limited license to use our services.

We’re a US-based company and you can only use ArtStreams TV in countries where it is permitted.

You can view some of our content free with some advertising.

You can subscribe on an inexpensive month-to-month basis to view without significant commercial interruption.

You can place the ArtStreams Player on your Web site and social network pages to display Preview Mode as long as you use our provided embed code unaltered.

You can cancel your subscription at any time without penalty, but we don’t pro-rate or grant refunds for unused portions of a monthly service.

We can cancel your service if we find that you’ve abused your privileges.

You can’t distribute, sell, resell or broadcast ArtStreams TV without a separate contract to that effect.

You purchase a subscription license for each device on which you want to watch ArtStreams TV simultaneously (at any size larger than our small previews).

We want to provide you with the best product and service possible… and, that said, ArtStreams is sold “as is” without guarantee or warranty or liability on our part.

Any bandwidth costs charged by your ISP in association with viewing ArtStreams are your responsibility.

ArtStreams works with an increasingly wide variety of devices, particularly those compatible with Adobe Flash, however we make no guarantees of compatibility with any specific hardware and software
.

There… that wasn’t so bad, was it? Again, please read the complete agreement below to fully understand your rights and ours.

Description and Acceptance of Terms of Service

These terms and conditions (the “Terms of Service”) are a legal agreement between you (either an individual or a single entity) and Z Media, Inc dba ArtStreams™ (referred to as “ArtStreams”, “we” or “us”). ArtStreams provides an online media service delivering entertainment and information created and owned by ArtStreams and it’s licensors and suppliers (the “ArtStreams Content”) and in some cases submitted by users (the “User Content”) (collectively, the “Content”).

The Content is viewed via ArtStreams client software (the "ArtStreams Player") in various forms including but not limited to Adobe .swf files and Javascript clients, and digital video player software in cases where the Content takes the form of digital video. The Player can present the Content in (i) the small fixed-size format of approximately 432 pixels by 243 pixels made available by ArtStreams for previews and partial-screen promotional viewing (the “Preview Mode”), (ii) full screen width (the “Full Screen Mode”) with automatic letterboxing as needed and removal of any other menu bars, window frames and other components displayed by the host computer’s operating system any other applications and (iii) only in the case of expressly permitted display usage, at a size determined by you (the “Partial Screen Mode”).

Subject to compliance with these Terms of Service, the Content is available for permissible viewing on (i) ArtStreamsTV.com, ArtStreams.TV and other ArtStreams-managed Websites (collectively “the ArtStreams Sites”), (ii) authorized ArtStreams’ distributor, reseller and affiliate websites (the "Affiliate Sites"), and (iii) other websites where ArtStreams permits users or website operators to embed or access the ArtStreams Player and/or Content, (the combination of the aforementioned websites are referred to collectively as the "Sites").

The Content and/or the ArtStreams Player are also available for permissible viewing and use through ArtStreams authorized applications or features, including but not limited to consumer electronics devices, subject to compliance with these Terms of Service and any additional end user license agreement that might accompany an application or feature.

ArtStreams’ streaming media service, the ArtStreams Sites, the ArtStreams Content, the ArtStreams Player, and any other software, features, tools, materials, downloads, documentation, products and services that ArtStreams offers now or in the future in connection with its business on any of the Sites are referred to collectively as the "ArtStreams Services."

By using the ArtStreams Services in any form or media or on any Sites (whether or not you are a registered ArtStreams user), you signify your agreement to and are bound by these Terms of Service, unless separate terms are provided specifically to you by ArtStreams, in which case certain additional or different terms may apply. You also agree to the ArtStreams Privacy Policy, found at http://www.artstreamstv.com/privacy-policy.asp and incorporated here by reference. If you do not agree to any of these Terms of Service or the ArtStreams Privacy Policy, please do not visit the ArtStreams Sites or use, view, download, copy or install any ArtStreams Services.

Changes to the ArtStreams Services and Terms of Service

We are constantly working to improve our service and your experience. ArtStreams may, at its sole discretion, revise or modify these Terms of Service at any time, and you agree to be bound by such revisions or modifications. Although we may attempt to notify you if we make significant changes to these Terms of Service, we recommend that you periodically review the most current version at http://www.artstreamstv.com/terms-of-service.asp.

ArtStreams reserves the right, at our sole discretion, to make changes to the ArtStreams Services with regard to any or all users, at any time without notice, with the exception of price changes being subject to 30-day notice. You may only use any upgrades or changes to the ArtStreams Services in accordance with the Terms of Service published at that time. ArtStreams will not be liable to you or any party for any changes to the ArtStreams Services. ArtStreams is not responsible for any inconvenience or loss of business, perceived or actual, resulting from any changes we make to the ArtStreams Services.

Access and Use of the ArtStreams Services

You must be at least 13 years of age or accompanied by an adult to visit the ArtStreams Sites or use the ArtStreams Services on any Sites. You must be at least 18 years of age in order to contract any ArtStreams Services for which payment is required, unless the jurisdiction you are in while using the ArtStreams Services requires you to be of a higher minimum age.

Limited Personal Use License. ArtStreams grants you a temporary, non-exclusive, non-assignable limited license to use the ArtStreams Services, including accessing and viewing the Content on a streaming-only basis through the Sites or ArtStreams Player, for personal, non-commercial purposes as set forth in these Terms of Service. This personal display license strictly and explicitly prohibits the use of ArtStreams Services and the display of the Content in public places including but not limited to places of business. You must contract separately for an ArtStreams business-class account in order to obtain licenses to use the ArtStreams Services for business, commerce or public display.

You may not rent, assign or sub-license your rights to use the ArtStreams Services, grant a security interest in or over your rights to use the ArtStreams Services, or otherwise transfer any part of your rights to use the ArtStreams Services. You may not sell, resell, transmit, retransmit or distribute the ArtStreams Services or provide commercial services to third parties based on the ArtStreams Services.

ArtStreams Accounts. Access to some features of the ArtStreams Services requires you to create an ArtStreams account. When you create an ArtStreams account, you must provide complete current and accurate information. In the case of paid features of the ArtStreams Services, the holder of the credit card account or other financial instrument used to pay for an ArtStreams subscription account is the person or entity bound by these Terms of Service. You are solely responsible for any use and activity that occurs in association with your account, including unauthorized use by any third party. You must therefore keep your account password secure. If any unauthorized use of your account or security breach comes to your attention, you must notify ArtStreams immediately at service@artstreamstv.com. You may never use someone else’s account without permission.

ArtStreams will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of ArtStreams or other parties due to unauthorized use.

You agree to receive communications from us, such as account confirmations, service bulletins, upgrade notices, and administrative messages. You will have the option of opting out of some communications such as newsletters, but we retain the right to send you communications we deem as critical from the standpoint of satisfactory and optimal system operations. We promise to keep our e-mails to you at a minimum. You will need to cancel your account completely if you do not wish to receive any information at all from us.

Paid Personal Subscriptions. Some features of the ArtStreams Services, such as uninterrupted full-screen art viewing, require a separate paid subscription-based limited license for each hardware device on which you simultaneously run an instance of the ArtStreams Player. You must create or have an ArtStreams account in order to subscribe to one or more licenses. Each license is independently associated with a given ArtStreams subscription plan (the “Plan”, the “Plans”) as offered and defined on the ArtStreams Sites and selected by you at the time of each license subscription.

You may use each paid ArtStreams subscription license to view the Content in Full Screen Mode on any single compatible device at a time. You will also need to authorize each device on which you wish to use an instance of the ArtStreams Player. You may use your subscribed licenses on any compatible devices, however you can only use any given license to run one ArtStreams Player at a time.

Your paid ArtStreams subscription provides you with Full Screen Mode viewing of the Content without commercial advertising with the exceptions at ArtStreams’ discretion of (i) ArtStreams identification screens and watermarks as we deem appropriate or necessary, (ii) brief commercial advertising at the beginning of each full-screen viewing session of the Content, (iii) brief user alerts at the beginning of each full-screen viewing session of the Content, (iv) small logos of our sponsors.

Billing Cycle. Subscriptions are billed in advance on a monthly basis. You authorize ArtStreams to automatically bill you separately for each of your subscribed licenses at the beginning of each monthly interval, and the date of your initial paid subscription for each license defines the starting point of your recurring monthly billing interval for that license. We may change our prices with 30 days prior notice to you and those changes will take effect at the beginning of your next billing cycle that falls after those 30 days. Your monthly charges will also include any applicable taxes for services, goods, sale or use taxes that we are required to charge by law and you agree that you are responsible for assessing and remitting any additional taxes required in your geographic area or situation of use.

Subscription License Term Length. The term of each of your individual licenses for paid aspects of the ArtStreams Services corresponds explicitly to the subscription billing period for which you have paid in advance for that license. While we may attempt to contact you in the event that we are unable to collect payment, you are responsible on an ongoing basis for keeping your billing information current with us and to insure that your credit card or other source of subscription funding is currently authorized and having the necessary resources to permit the automatic billing you agree to at the time of subscription. ArtStreams reserves the right to automatically revoke your temporary license to the ArtStreams Services if you default on payment or if we are otherwise unable to collect payment from you or if we deem that you have violated these Terms of Service.

Changing Your Subscription Plan. While we encourage you to have ArtStreams accounts for both your home and business, there is no upgrade, downgrade or crossgrade path between Home- and Business-class accounts.

Termination. You may terminate your paid subscription to the ArtStreams Services at any time via My Account. Your subscription and license to use any paid aspects of the ArtStreams Services will remain in effect until the end of the time period for which you have prepaid, after which your temporary license will expire and we will not bill you again until such time as you subscribe again.

We reserve the right to immediately terminate your account, temporary license and use of the ArtStreams Services at any time, without notice or liability, if ArtStreams determines in its sole discretion that you have breached these Terms of Service, acted illegally or inappropriately or for any other reason we deem appropriate. We may employ technical means to ensure said termination and you agree not take any steps to circumvent, avoid, or bypass these means.

ArtStreams does not provide refunds for any portion of the time for which you have prepaid regardless of the terminating party or reasons for termination. ArtStreams does not guarantee that we will keep any data that pertains specifically to your account if you terminate your account.

Trial Periods. ArtStreams may at its sole discretion offer free trial periods of full or limited ArtStreams Services, and you must register for an ArtStreams account if you wish to use a free trial. Free trial periods begin on the date of registration and expire at the end of the interval specified in the free trial offer, typically 30-days. At the end of your free trial period, ArtStreams reserves the right to alter your viewing experience of the Content including but not limited to allowing only Preview Mode, and/or displaying advertising or large watermarks until such time that you choose to become an ArtStreams paid subscriber.

Ownership and Protections

Copyright, Trademark and Other Intellectual Property. You acknowledge that the ArtStreams Services, including but not limited to the ArtStreams Sites, the ArtStreams Content, the ArtStreams Player, the ArtStreams brand name and logo, and with the specific exclusion of User Content you upload or enter, are intellectual property owned or controlled by ArtStreams or its licensors and are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You further acknowledge that you acquire no title or rights to the ArtStreams Services, except as expressly set forth in these Terms of Service. No aspect of these Terms of Service confers any third-party benefits or rights. Any failure to comply with ArtStreams’ ownership rights and protections will result in the automatic termination of this license and the reversion of the rights granted hereunder to ArtStreams.

Non-removal of Intellectual Property Notices and Protection. You may not use physical, electronic or digital means to remove, alter, obscure, circumvent or otherwise tamper with (i) any copyright, trademark or other proprietary notices marked on the ArtStreams Services including the Content, (ii) any mechanism for digital rights management, content protection or access control associated with the ArtStreams Services including the Player and the Content.

Copying, Modification and Derivative Works. You may not use physical, electronic or digital means to copy, download, upload, screen capture, stream capture, reproduce, archive, publish, modify, manipulate, translate, print, perform or display the ArtStreams Services, including the Content and the Player and documentation, outside of the specifically allowed conditions elsewhere in these Terms of Service unless expressly permitted by ArtStreams in writing. In all display uses, including embedding the ArtStreams Player in your Web site where these Terms of Service allow, you must preserve and agree not alter the native 16 x 9 aspect ratio of the Content. Additionally, you are strictly prohibited from creating, giving away or selling derivative works or materials that are otherwise based in any way on the ArtStreams Services including the Content, including creating, giving away or selling ArtStreams-derived still images, videos, animations, screensavers, wallpaper, montages, mash-ups, desktop themes, greeting cards, indexes and merchandise, unless explicitly authorized by ArtStreams in writing.

Reverse Engineering. You will not attempt, and if you are a corporation, you will use your best efforts to prevent your employees and contractors from attempting to reverse compile, modify, translate or disassemble the ArtStreams Services including the ArtStreams Player in whole or in part.

Distribution, Resale and Transmission. You may not sell, resell, distribute, transmit, retransmit or broadcast any aspect of the ArtStreams Services without signing a resale or distribution agreement with ArtStreams or otherwise gaining express written permission from ArtStreams.

Disclaimer of Warranty, Limitation of Liability and Indemnity

Disclaimer of Warranty. While we intend to continue working to make the most useful and stable products and address customer needs and feedback, the ArtStreams Services are provided "AS IS" and, to the fullest extent of the law, are provided without warranties of any kind, either implied or express. ArtStreams disclaims and makes no express or implied warranties and specifically disclaims the warranties of merchantability, fitness for a particular purpose, compatibility with any other software or hardware, security, and non-infringement of third-party rights. The entire risk as to the quality, performance and consequences of using the ArtStreams Services is with you. ArtStreams does not warrant that the functions contained in the ArtStreams Services will meet your requirements or that the operation of the ArtStreams Services will be uninterrupted or error-free.

Updates. While we expect to improve and update the ArtStreams Services in order to continue make them increasingly more enjoyable and useful, ArtStreams is not obligated to provide any updates of any kind to the ArtStreams Services.

Limitation of Liability. In no event shall ArtStreams or its affiliates, successors and assigns, and each of the their respective directors, officers, investors, employees, agents and suppliers (collectively the “ArtStreams Parties”, be liable to you for any damages whatsoever (including, without limitation, incidental, direct, indirect special and consequential damages, punitive, special, consequential, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use of or inability to use or related to the ArtStreams Services (including any products, services, or information provided through, advertised in, or obtained on the Sites), whether based in contract, tort, strict liability or other theory, even if the ArtStreams Parties have been advised of the possibility of such damages, or any claim from a third party. Because some states/countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

In no even shall our total liability to you for all losses, damages and causes or action whether in contract, tort (including negligence) or otherwise exceed the amount paid to us by you, if any, or $50 (whichever is less) for accessing or participating in any activity related to use of the ArtStreams Services.

Responsibility for Bandwidth Costs. Most ArtStreams Services are delivered via the Internet. While ArtStreams Services require extremely low bandwidth for the quality it delivers, use of the ArtStreams Services may incur Internet usage costs on your part, depending on your agreement with your Internet Service Provider. You are solely responsible for any and all Internet access, usage and bandwidth costs associated with accessing, viewing and using the ArtStreams Services. ArtStreams is not responsible for any Internet usage charges for which your Internet Service Provider might bill you.

Third Party Websites. In the event that the ArtStreams Sites or other aspects of the ArtStreams Services contain links to other websites not owned or controlled by ArtStreams, ArtStreams is not responsible for the content, experience or positions of those websites. It is your responsibility to monitor when you have entered a third-party website and to read and adhere to the associated terms of use and privacy policies of those sites.

Advertisements. ArtStreams is not responsible for advertisements or any third-party material posted on any of the Sites or in the Content, nor does are we responsible for any products or services provided by advertisers. Any interaction you have with advertisers you encounter while using the ArtStreams Services are strictly between you and the advertiser, and you agree that ArtStreams is not liable for any difficulty, claim or loss that you may have against an advertiser.

Distributors, Resellers and Affiliates. In the event that you acquire subscriptions and licenses to ArtStreams Services through a third party such as a distributor, reseller or affiliate, ArtStreams does not represent or endorse the actions and policies of those third parties. While we will work with you to resolve any issues you have with the ArtStreams Services, your relationship with a third-party distributor, reseller or affiliate is between you and that third party.

Indemnification By You. You agree to indemnify, hold harmless and defend the ArtStreams Parties from and against any and all claims, damages, liabilities, lawsuits, expenses (including reasonable attorney's fees and costs) and other losses that arise or in any way related to your use or distribution of the ArtStreams Services in violation of this Agreement. ArtStreams reserves the right, at our own expense, to employ separate counsel and assume that exclusive defense and control of any matter otherwise subject to indemnification by you.

General Provisions

International Use. The ArtStreams Services are operated and controlled by Z Media, Inc. from within the United States. ArtStreams makes no representation that the ArtStreams Services are appropriate or available for use in other countries, and access to them from countries or jurisdictions where their contents or use is illegal is prohibited. It is your responsibility as a user to comply with the laws of any given jurisdiction in which you wish to use the ArtStreams Services.

Export. You will not export or re-export the ArtStreams Services, in whole or in part, to any country, person, entity or end user subject to U.S. export restrictions.

Governing Law and Dispute Resolution. The laws of the State of Wyoming, USA, excluding conflict of laws principles, shall govern this Agreement. The parties reject any applicability of the United Nations Convention on Contracts for the International Sale of Goods. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Arbitration shall be held in Cheyenne, Wyoming, or another location agreed upon by the parties, and shall be conducted in English. The prevailing party to any dispute shall be entitled to recover legal fees and other costs (including without limitation arbitration fees, disbursements, collection costs, and the allocated cost of in-house counsel).

Terms of Service—Business

This entire “Terms of Service—Business” section applies for businesses, government, commercial use and public display, and ArtStreams TV Home-class accounts. (For residential or personal use, please see the Terms of Use—Personal section above.)

Description and Acceptance of Terms of Service

The Content is viewed via ArtStreams client software (the "ArtStreams Player") in various forms including but not limited to Adobe .swf files and Javascript clients, and digital video player software in cases where the Content takes the form of digital video. The Player can present the Content in (i) the small fixed-size format of approximately 432 pixels by 243 pixels made available by ArtStreams for previews and partial-screen promotional viewing (the “Preview Mode”), (ii) full screen width (the “Full Screen Mode”) with automatic letterboxing as needed and removal of any other menu bars, window frames and other components displayed by the host computer’s operating system any other applications and (iii) at a size determined by you (the “Partial Screen Mode”).

The Content and/or the ArtStreams Player are also available for permissible viewing and use through ArtStreams authorized applications or features, including but not limited to digital signage players and consumer electronics devices, subject to compliance with these Terms of Service and any additional end user license agreement that might accompany an application or feature.

Changes to the ArtStreams Services and Terms of Service

Access and Use of the ArtStreams Services

You may grant access to your account to employees or third parties such as resellers or content developers for the express purposes of managing accounts and creating and managing your User Content, however you are responsible and liable for all activity and content associated with your account as stated elsewhere in these Terms of Agreement. We therefore recommend that you grant access to your account only to people you trust and/or have a contractual relationship with.

ArtStreams will not be liable for any losses caused to you by any unauthorized use of your account. However, you may be liable for the losses of ArtStreams or other parties due to unauthorized use.

Best Practices. You agree to adhere to any usage guidelines and other best practices, including but not limited to minimum system requirements, that ArtStreams posts on the ArtStreams Sites and/or notifies you directly of in order to boost system efficiency, present optimal image quality or otherwise improve the functionality or viewing experience of the ArtStreams Services.

Limited Business Use License. ArtStreams grants you a temporary, non-exclusive, non-assignable limited license to use the ArtStreams Services, including accessing and viewing the Content on a streaming-only basis through the ArtStreams Sites or ArtStreams Player as set forth in these Terms of Service. Unlike the restrictions for personal use under “Terms of Service—Personal”, this license explicitly allows you to use the ArtStreams Services and display the Content in public places including commercial businesses, subject to these Terms of Service. You may also use this license to access ArtStreams Services in your home and other personal environments subject to these Terms of Service.

Paid Business Subscriptions. Commercial features of the ArtStreams Services, such as full-screen art viewing, public display and message overlays, require a separate paid subscription-based limited license (the “ArtStreams Business Player License”) for each hardware device on which you simultaneously run an instance of the ArtStreams Player. You must create or have an ArtStreams Business-class account in order to subscribe to one or more ArtStreams Business Player Licenses. Each ArtStreams Business Player License is independently associated with a given ArtStreams subscription plan (the “Plan”, the “Plans”) as offered and defined on the ArtStreams Sites and selected by you at the time of each license subscription. You may use each paid ArtStreams Business Player License to view the Content in Partial Screen Mode or Full Screen Mode on any single compatible device at a time. You will also need to authorize each device on which you wish to use an instance of the ArtStreams Player if you wish to address that ArtStreams Player with discrete User Content and ArtStreams channel assignment. You may use your subscribed ArtStreams Business Player Licenses on any compatible devices, however you can only use any given license to run one ArtStreams Player at a time.

ArtStreams business account subscriptions provide for display in Full Screen Mode or Partial Screen Mode without any commercial advertising provided by us, although the Content will display small ArtStreams watermarks for brand and channel ID similar to those commonly displayed by TV networks as we deem appropriate.

Businesses have the option of subscribing to an ArtStreams custom content service (the “ArtStreams Moving Messages”, that grants access to additional functionality enabling the custom overlay of user-supplied visual media (the “User Content”) in a visual layer in front of the Content for use as digital signage and similar informational and advertising purposes. To utilize ArtStreams Moving Messages, you must purchase (at nominal charge as outlined on the ArtStreams Sites) an add-on license (the “ArtStreams Moving Messages Player License”) for each hardware device on which you wish to display ArtStreams Moving Messages content. Each ArtStreams Moving Messages Player License requires and serves as an add-on to an ArtStreams Business Player License. Use of ArtStreams Moving Messages also requires you to purchase one monthly subscription license per account granting access to our Web-based software (the “ArtStreams Moving Messages System”) for the purpose of creating and administering your User Content. Multiple ArtStreams Moving Messages Player Licenses can be used in conjunction with a single ArtStreams Moving Message System license, however the ArtStreams Moving Message System cannot be shared among multiple accounts.

Billing Cycle. Subscriptions for all forms of licenses pertaining to the ArtStreams Service are billed in advance on a monthly or yearly basis as decided by you when you register. You authorize ArtStreams to automatically bill you separately for each of your subscribed licenses at the beginning of each monthly or yearly interval, and the date of your initial paid subscription for each license defines the starting point of your recurring billing interval for that license. We may change our prices with 30 days prior notice to you and those changes will take effect at the beginning of your next billing cycle that falls after those 30 days. Your subscription charges will also include any applicable taxes for services, goods, sale or use taxes that we are required to charge by law and you agree that you are responsible for assessing and remitting any additional taxes required in your geographic area or situation of use.

Changing Your Subscription Plan. While we encourage you to have ArtStreams accounts for your home and business, there is no upgrade, downgrade or crossgrade path between them.

Termination. You may terminate your paid subscription to the ArtStreams Services at any time by calling or e-mailing ArtStreams Customer Support Department. Your subscription and license to use any paid aspects of the ArtStreams Services will remain in effect until the end of the time period for which you have prepaid, after which your temporary license will expire and we will not bill you again until such time as you subscribe again.

ArtStreams does not provide refunds for any portion of the time for which you have prepaid a given license regardless of the terminating party or reasons for termination, with the following exception: In the case of a yearly subscription license, you may request cancelation by calling or e-mailing ArtStreams’ customer support within the first 30 days and receive a refund for the remaining 11 months that you have prepaid. Before purchasing a yearly subscription, we highly recommend that you become familiar with the ArtStreams Services prior to subscription and within the first 30 days. ArtStreams does not guarantee that we will keep any User Content or other data that pertains specifically to your account if you terminate your account.

Trial Periods. ArtStreams may at its sole discretion offer free trial periods of full or limited ArtStreams Services, and you must register for an ArtStreams account if you wish to use a free trial. Free trial periods begin on the date of registration and expire at the end of the interval specified in the free trial offer, typically 30-days. At the end of your free trial period, ArtStreams reserves the right to alter your viewing experience of the Content including but not limited to allowing only Preview Mode and/or displaying large watermarks until such time that you choose to become an ArtStreams paid subscriber.

Ownership and Protections

Non-removal of Intellectual Property Notices and Protection. You may not use physical, electronic or digital means to remove, obscure, circumvent, alter or otherwise tamper with (i) any copyright, trademark or other proprietary notices marked on the ArtStreams Services including the Content, (ii) any mechanism for digital rights management, content protection or access control associated with the ArtStreams Services including the Player and the Content.

U.S. Government Restricted Rights. The ArtStreams Services (including documentation and embedded software) is provided as commercial and restricted computer software. Use, duplication or disclosure by the U.S. Government or any U.S. Government contractor or subcontractor is subject to the restrictions set forth in 48CFR12.212, 48CFR52.227-14, 48CFR52.227-19, or 48CFR227.7202, as applicable.

Disclaimer of Warranty, Limitation of Liability and Indemnity

Responsibility for Bandwidth Costs. Most ArtStreams Services are delivered via the Internet. While ArtStreams Services require extremely low bandwidth for the quality it delivers, use of the ArtStreams Services may incur Internet usage costs on your part, depending on your agreement with your Internet Service Provider. You are solely responsible for any and all Internet access, usage and bandwidth costs associated with accessing, viewing and using the ArtStreams Services. ArtStreams is not responsible for any Internet usage charges for which your Internet Service Provider might bill you.

General Provisions

Export. You will not export or re-export the ArtStreams Services, in whole or in part, to any country, person, entity or end user subject to U.S. export restrictions.

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