Terms and Conditions
Subject to the terms and conditions (“Terms” or “Terms and Conditions”) of this agreement (“Agreement”), you are granted a limited, nonexclusive license to use Arts & Analytics P360 software (“Arts & Analytics Service” or “Service”) and access the data (“Data”). For the purpose of this Agreement, Arts & Analytics shall mean the Company and its software, P360. The following Terms and Conditions govern the use of the Arts & Analytics Service and the Data. By visiting Arts & Analytics, accessing the Data or using the Service, you expressly agree to be bound by these Terms.
- Limited License Permitted Use.
You are granted personal, nontransferable and nonexclusive rights to access the Service and use the Data solely for your direct marketing, market research and customer prospecting purposes, in strict accordance with the Terms of the Agreement. Certain portions of the Data available through the Service are only available via license with use rights that are based upon subscription access. In such case of subscription access, rights to the Data expire upon expiration or termination of the subscription, and in such case you shall discontinue use of the Data and, as requested by Arts & Analytics, either (i) return the Data to Arts & Analytics without retaining any copies thereof or any notes or other information thereon or (ii) provide a certificate, executed by you, in form and substance satisfactory to Arts & Analytics, that the Data has been destroyed in such a manner to render the Data permanently unreadable and unrecoverable.
(a) Your use of the Data will comply with all applicable federal, state, local and foreign laws, statues, rules and regulations (“Laws”), including Laws regarding telemarketing, email, facsimile marketing and customer solicitation.
(b) Your use of any United States email Data will comply with all applicable Laws, including the CAN-SPAM Act, COPPA, and any State Registry Laws.
(c) Arts & Analytics reserves the right to review your use of the Data to ensure compliance with this Agreement, but any failure of Arts & Analytics to review such use will not constitute acceptance of such use or waive any of Arts & Analytics’ rights hereunder or limit any of your obligations with respect to the Data. At any time upon at least three (3) days’ notice, Arts & Analytics may audit your records to determine whether you are in compliance with this Agreement and you will make available to Arts & Analytics or its representatives all records necessary for the conduct of such an audit.
Arts & Analytics reserves the right to deny access to any user or group of users to the Arts & Analytics Service, at its sole discretion, at any time, and for any reason or no reason. Arts & Analytics reserves the right to remove any Data from the Arts & Analytics database at any time and for any or no reason.
Arts & Analytics reserves the right to change, modify or otherwise alter these Terms and Conditions at any time at Arts & Analytics’ sole discretion. Any and all modifications shall become effective immediately once posted. You acknowledge you are responsible to keep yourself apprised of any changes and updates to this agreement. The most recent version of these Terms is available at https://Arts & Analytics.com/terms
1.1 Limitations on Use.
(a) Unless specifically authorized in advance and in writing by Arts & Analytics, you will not share, sell, transfer or otherwise make the Data available to any third person or entity and you will use your best efforts to prevent the misuse or unauthorized use of the Data by any third person or entity.
(b) You will not name or refer to Arts & Analytics or your use of the Data in any of your advertisements or promotional or marketing materials without prior written permission from the Company.
(c) You will not use the Data for consumer credit purposes, underwriting any form of consumer insurance, employment purposes, tenant screening purposes consumer debt collections or for any other purpose covered by the federal Fair Credit Reporting Act (15 U.S.C. §1681, et seq.) or for any other purpose not expressly authorized by the Agreement.
(d) Without the Company’s written permission, you shall not duplicate, download, publish, modify, create derivative or otherwise distribute the Data derived from the Service for any commercial use, or for any purpose other than as described in these Terms. You acknowledge that the Company owns and retains all proprietary to material contained on the Service, including trademarks, content, and other proprietary content and you will not create or direct anyone to create a competitive product.
(e) You shall not use the Service or Data in any manner that harasses, invades the privacy of or harms a person in any way.
(f) You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy Arts & Analytics web pages or the content contained thereon or for any other unauthorized purpose without the Company’s prior expressed written permission. You agree that you will not copy, reproduce, alter, modify, create derivative works from, or publicly display any content (except for your own personal, non-commercial use) from the Service without the prior expressed written permission from the Company.
(g) You agree that you shall not use the Service in violation of any international, federal, state, or local Law, rule or regulation, whether now existing or enacted in the future, or in any manner that would cause the Arts & Analytics to violate any such Laws, rules, or regulations.
(h) You understand and acknowledge that Arts & Analytics does not test or screen the Data, and Arts & Analytics makes no representation or warranty as to the accuracy or completeness of the Data. Your use of any Data is at your sole risk and you are fully responsible for the use of all Data that is provided to you.
(i) You understand and acknowledge that when you register for the Arts & Analytics Service, you agree to provide and maintain accurate, current, and complete information. In the event you provide any information that is inaccurate, not current, or incomplete, Arts & Analytics has the right to suspend or terminate your access and use of any and all Services.
1.2 Violation of the Terms.
1.3 Do Not Call Compliance.
In the event that Arts & Analytics provides a telephone number, you acknowledge that Arts & Analytics has not processed its Databases against the National Do Not Call Registry, State Phone Suppression files and DMA Phone Suppression files, the “Telephone Number Suppression files”. By using the Service, you acknowledge that some of the individuals provided by Arts & Analytics may have placed their telephone numbers on Telephone Number Suppression files. You also acknowledge that you will either obtain access to the Telephone Number Suppression files, or if you do not obtain access to Telephone Number Suppression files, you will only make calls for purposes permitted by law.
(a) The term “Arts & Analytics Property” means all programs, files, systems, documentation, information, content, graphics, page layouts, service designs, user interfaces utilized or provided by Arts & Analytics, work product produced by Arts & Analytics, and derivate works of any of the foregoing, including, without limitation, web services made available to you by Arts & Analytics, any HTML programming performed as part of providing you with Data and any other special programs, functionalities, interfaces and other work product, ideas, concepts or techniques which Arts & Analytics may develop, use or rely upon in providing the Data to you.
(b) All Arts & Analytics Property shall be and will remain the property of Arts & Analytics and its parent corporate owner.
(c) Arts & Analytics shall be the sole and exclusive owner of all patents, copyrights, trademarks, trade secrets and other intellectual property rights regarding Arts & Analytics Property and the Data.
- Disclaimer of Warranties.
ARTS & ANALYTICS DOES NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY DATA, SEARCH, OR LINK ON IT, OR THAT THE INFORMATION ON THE SERVICE IS COMPLETE OR ACCURATE. THE COMPANY SHALL NOT BE HELD RESPONSIBLE FOR ANY ERRORS OR OMISSIONS ON THE SERVICE OR PRODUCED BY SECONDARY DISSEMINATION OF INFORMATION ON THE SERVICE. THE SERVICE AND ITS DATA ARE DELIVERED ON AN “AS-IS” AND “AS- AVAILABLE” BASIS. THE COMPANY CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SERVICE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SERVICE OR THE DATA, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
The Company disclaims any and all liability for the acts, omissions, and conduct of any third- party users, the Service users, advertisers, and/or sponsors on the Service, in connection with the Service, or otherwise related to your use of the Service. The Company is not responsible for the products, services, actions, or failure to act of any third party in connection with or referenced on the Service.
- Limitation of Liability.
Arts & Analytics will not be liable for any claim, demand, loss, liability, damage, injuries, cost or expense (including reasonable attorneys’ fees and legal costs), whether general, direct, special, incidental, consequential or other damage caused in whole or in part or directly or indirectly by any use or misuse of the Data or any alleged or actual failure by Arts & Analytics to comply with the Terms of the Agreement, whether or not any such damages were foreseeable or whether Arts & Analytics was advised of the possibility of such damages. Arts & Analytics’s maximum liability will not exceed the amount you paid Arts & Analytics under the Agreement within the 12 months preceding the event that gave rise to Arts & Analytics’s liability.
- Your Indemnification of Arts & Analytics.
You shall indemnify, defend and hold harmless Arts & Analytics, its stockholders, directors, officers, employees, independent contractors and agents against any claim, demand, loss, liability, damage, injury cost or expense (including attorneys’ fees and legal costs) which arises, directly or indirectly, out of your act or omission with respect to the Data or any violation of the Agreement or any violation of Laws.
- Interruption of Service.
You acknowledge that temporary interruptions may occur in the provision of Data or use of the Service and that any such interruptions shall not result in Arts & Analytics having any liability to you or others. This shall not suspend or eliminate your payment obligations to Arts & Analytics or provide you with any refund rights for amounts previously paid to Arts & Analytics.
- Arts & Analytics Access.
In order to use certain features on Arts & Analytics, you will be required to register and create an account on the Arts & Analytics website. By registering with Arts & Analytics, you acknowledge and agree to receive e-mail confirming your registration with Arts & Analytics, notices about your account activity as well as promotional marketing of other Arts & Analytics products and services.
By having an account with Arts & Analytics, you agree to take full responsibility for maintaining the confidentiality of your account user name, password, and all related activity that occurs under your account user name. If you violate these terms, the Company may, at its sole discretion, terminate your account and restrict your access to Arts & Analytics. In cases of subscription access, we will charge your applicable credit card according to the pricing and frequency described at the time of subscriptions sign-up and you agree to accept these charges. In the event payment to Arts & Analytics is denied or declined, the subscription access rights may be terminated at Arts & Analytics’ sole discretion.
- No Assignment by You.
You may not assign your rights or obligations under this Agreement to any other person or entity without the prior written consent of Arts & Analytics, whether by operation of law or otherwise, and any attempt to do so shall be void.
- Additional Remedy of Termination.
In addition to all other legal rights and remedies available to Arts & Analytics for any apparent, threatened or actual breach or violation of the Agreement by you, Arts & Analytics has the right to terminate the Agreement and demand immediate return or destruction of any and all Data at any time if Arts & Analytics believes you are not complying in full with the Agreement.
- Governing Law; Jurisdiction.
This Agreement shall be governed by and construed under the Laws of the State of Washington without regard for the principles of conflicts of Law of that State or any other state. Any litigation or other dispute relating to or arising under the Agreement shall only be brought in the state or federal courts located in King County, Washington and you agree to submit to the exclusive jurisdiction of those courts and waive any objections to the venue of any such proceeding in those courts.
- Entire Agreement; Amendment or Waiver.
This Agreement contains the entire understanding between you and Arts & Analytics and supersedes any prior understandings or agreements, oral or written, relating to the subject matter of the Agreement. The Agreement may only be amended by a document signed by you and Arts & Analytics. No waiver of any breach of the Agreement shall be deemed a waiver of a future breach, whether of a similar or different nature, and no waiver shall be effective unless in writing signed by the waiving party.