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Legal

Terms Of UsePrivacy PolicyCopyright PolicyCookies PolicyAffiliate Policy

Terms of Use

Last Updated: June 3 2023

Welcome to the Artisynth website including other services operated by Artisynth LLC (“Artisynth”) and located at www.Artisynth.com (collectively the “Site”). The following terms and conditions (“Terms”) govern your use of the Site.

By accessing, viewing, or using the content, material, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound by these Terms, as well as our “Privacy Policy”, “Copyright Notice”, and “Cookie Notice” which each incorporated by reference in their entirety as if they are fully set forth herein. You further certify that you are 13 years of age or older and that you have all the necessary rights, power and authority to enter into this Agreement and perform the obligations set forth under this Agreement. You understand and agree that your use of the Site or any content, material, products or services made available on or through the Site (collectively, the "Services") signifies that you fully accept and agree to these Terms of Use.

1. Registration

In order to access certain content, material, products or services on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and to select or submit a unique username and password. You may also be required to provide us with certain information about yourself including some types of personally identifiable information, including your legal name, phone number, address, email address, gender, and age. You are responsible for ensuring that your password and account login are kept secret, safe, and secure at all times. Artisynth will not be held responsible or liable for any misuse of your account in the event that a third party has access to and uses your password and account login in any way.

When placing an order such a s subscription order through the Site, you will be required to provide other personal information, such as shipping address, billing address, and payment details. Additional information may be collected by Artisynth or its third party providers at this time for security and anti-fraud purposes. You represent that the personal information you provide to us via the Site is true, valid, complete and up-to-date in all respects, and you confirm that, for purchases on the Site, you are the person referred to in the shipping (unless the item is a gift) and billing information provided. Should any of the information you provide on the Site change, please login to your account and update such information directly on the Site.

Any personal information that you provide to us via the Site is subject to our Privacy Policy.

2. Purchases

Some products or services made available through the Site may be available for purchase or under a subscription to the services on the Site. By purchasing products, subscriptions or services made available through the Site, you represent that you have reached the age of majority (which in most states is 18 years old) and have the legal capacity to enter into a contract. If you are under the age of majority or cannot lawfully enter into a contract, you must have your parent or guardian review these Terms as well as the Privacy Policy and register or place an order on your behalf. Artisynth may use a third party payment processor to process credit card transactions made through the Site. You are also responsible for paying any governmental taxes imposed in connection with use of the Site or the purchase or any products or services made available through the Site, including sales, use, and excise taxes.

To the extent that Artisynth is obligated to collect such taxes, the applicable tax will be added to your billing account. All sales are subject to our shipping and return policies, which shall be made available to you on the Site or other delivered to you with your purchased goods. All refunds are in Artisynth’s sole discretion.

3. General Restrictions on Use

You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and the Services for your non-commercial, non-exclusive, non-assignable, non-transferable and limited personal use, and for no other purposes.

You will not (and will not attempt to):

  • Access any of the Services by any means other than through the interface that is provided by the Site;

  • Gain unauthorized access to the Site’s computer system or servers or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, the Site’s networks and computer systems;

  • Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);

  • Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;

  • Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose including the sharing of passwords and usernames; and

  • Reproduce, duplicate, copy, sell, trade or resell any products or services including subscriptions bearing any trademark, service mark, trade name, logo or service mark owned or sold by the Site in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

4. Content

As between you and the Site, Artisynth owns or licenses all information and materials, including logos, designs, titles, phrases, product names, images, illustrations, icons, photographs, and the copyrights, trademarks, service marks, trade dress, and other intellectual property rights associated therewith, in or made available through the Site (“Site Content”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Content. All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Content. As between you and Artisynth, all names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Artisynth or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and one or more state’s trademark laws. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. Artisynth may also provide links to third party providers such as Discord service links which have their own terms of use which you must agree to in order to use those third party providers.

Certain features of the Site and third party applications and Sites may allow you to contribute feedback, content and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by Artisynth on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to Artisynth, you grant Artisynth a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. For avoidance of doubt, Artisynth shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.

5. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order). We cannot and do not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Comments, Site Content, or the Site, including information submitted in connection with the Site Content or other features at any time, with or without notice in our sole discretion.

6. Disclaimers and Warranties

Artisynth reserves the right to change the selection of items offered (for example the type of subscriptions) and to limit the quantity of items that may be purchased from time to time. Changes may be made at any time without prior notice. Artisynth also reserves the right to alter the terms or duration of any special offers, sales or promotions. Artisynth is not liable in case of stock outage or unavailability of products or subscriptions. We have also made every effort to display as accurately as possible the features and quality of products and subscriptions that appear at the Site, but we cannot guarantee that the features and qualities will be accurate.

Artisynth and its Site and Services are provided “as is” and without warranty of any kind.

Artisynth expressly disclaims, to the fullest extent permitted by law, any express or implied warranties: (i) that the Site, Services, Site Content, goods, advice, information or links provided on the Site will meet your requirements; (ii) that the Services will be uninterrupted, timely, secure or free from errors; (iii) that defects in the operation or functionality of any hardware and / or software provided to you as part of the Services will be corrected; (iv) that there is no guarantee regarding the Site Content, goods, services, advice, information or links provided by any third parties or users; (v) that the Site, Site Content, goods, services, advice, or information displayed on the Site will meet your requirements; and (vi) that the Site will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Site shall create any warranty not expressly stated in these Terms. You are solely responsible for any damage to your computer or mobile device, loss of use, or loss of your user content. We do not guarantee that the Site and Services will always work properly.

You understand that the technical processing and transmission of any Site Content and Comments may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including, for example, personal information such as your name or address. Artisynth assumes no responsibility for: (a) 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 (b) any problems or technical malfunction of any telephone network or other transmission lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Services or the Site.

No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Site, Site Content and/or Services except to the extent that they are expressly set out in these Terms.

7. Limitation of Liability

IN NO EVENT WILL ARTISYNTH BE LIABLE FOR DAMAGES OTHER THAN ACTUAL AND DIRECT DAMAGES PROVEN IN A COURT OF LAW. IN NO EVENT SHALL ARTISYNTH’S LIABILITY EXCEED THE PRICE YOU PAID FOR THE PRODUCT OR SERVICE THAT IS THE SUBJECT OF THE CLAIM. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF ARTISYNTH AND ITS LICENSORS SHALL NOT EXCEED TWENTY US DOLLARS ($20).

Without limiting the foregoing, you understand and acknowledge that Artisynth shall not be liable to you for:

  • Any indirect, incidental, consequential, punitive or exemplary losses which may be incurred by you arising out of your use of, or inability to use, the Site or the Services, including any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, or any loss of data suffered by you; or

  • Any loss or damage which may be incurred by you as a result of: (i) any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the Site or the Services; (ii) any changes that Artisynth may make to the Site or Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services); (iii) the deletion of, corruption of, unauthorized access to, or failure to store, any content and other communications data maintained or transmitted by or through your use of the Site or the Services; (iv) the use of any products or services obtained on or through the Site; or (v) any other matter relating to the Site, the Services, the Site Content, or the Comments.

The limitations on Artisynth’s liability to you in this Section 7 shall apply whether or not Artisynth has been advised of or should have been aware of the possibility of any such losses arising.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICES, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.

8. Indemnity

You agree to defend, indemnify and hold harmless Artisynth, its officers, directors, members, employees, agents, affiliates, licensors and suppliers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any of these Terms, including the Privacy Policy; (iii) your violation of any third party rights, including without limitation any copyright, intellectual property, or privacy rights; or (vi) the use by any other persons accessing this Site using your Internet account or account login. This defense and indemnification obligation will survive these Terms and your use of the Site and Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate in all reasonable respects in such defense. You may not settle any claim contemplated in this Section 8 without the prior written consent of Artisynth.

9. Links To Other Sites

The Site may contain links or references to other websites or services outside of our control. Links to other websites or services may use our Site logo or style as a result of a co-branding agreement. These websites may send cookies to you and may collect personally identifiable information about you and make use of that data in ways that this Site would not. Please be aware that Artisynth has no control over these websites and that these Terms of Use do not apply to any third-party sites. Artisynth cannot be held responsible for those sites or external sources, or for any damage or losses deriving from the use of the content, or goods and services available on those sites or external sources. Artisynth encourages you to read the privacy policy, rules of forum, cookie policy, copyright policy and the terms of use linked or referenced in the websites you enter.

10. Complaint Procedures

If you believe that any content or postings on this Site violates your intellectual property or other rights, please notify Artisynth by email at contact@artisynth.com with a comprehensive detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and the substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

11. Miscellaneous

These Terms, including the Privacy Policy, constitute the whole legal agreement between you and Artisynth and govern your use of the Site, Services and any transactions you may have with Artisynth through the Site and completely replaces and supersedes any prior agreements or understanding, arrangements, undertaking or proposal, written or oral, between you and Artisynth in relation to such matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with the terms of these Terms, these Terms of Use shall govern. No oral agreements or oral information given by any party shall alter the interpretation of these Terms. Notwithstanding the foregoing, you understand that Artisynth may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms of Use will be considered your consent to those changes. When these changes are made, Artisynth will make a new copy of the Terms of Use available on the Site. You agree that Artisynth is under no obligation to provide you with notices regarding changes to the Terms of Use. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that if Artisynth does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which Artisynth has the benefit of under any applicable law), this will not be taken to be a formal waiver of Artisynth’s rights and that those rights or remedies will still be available to Artisynth. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

The headings in this Agreement are for convenience only, and do not control any of its provisions.

Any claim or dispute between you and us arising out of or relating to this Agreement, in whole or in part, shall be governed by the laws of the State of California without respect to its conflict of laws provisions. We agree and you agree to submit to the personal jurisdiction and venue of the state and federal court located in the city and county of San Antonio, Texas, USA.

The Site is controlled and operated from within the United States. Without limiting anything else, Artisynth makes no representation that the Site, Site Content, Comments, services, products, subscriptions, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws.

These Terms was last updated as stated above, and may be subject to changes from time to time, by updating this page.