Legal Statement - Website Terms of Use and Copyright
Date of last revision: March 27, 2010
This Statement of Rights and Responsibilities governs our relationship with users and others who interact with Artistes du Globe. By using or accessing this Site, you agree to this Statement.
Artistes du Globe and Art-Serve are copyright of Artistes du Globe,Inc. and its licensors. Flash, FMIS and FMS are all are registered trademarks of Adobe Systems, Inc. No association exists between the authors of this website and Adobe Systems Inc. nor is any association meant to be implied.
All brands, trademarks, images, videos, tutorials and articles are the property of their respective owners and additional copyrights may apply.
Ownership and Use of Premium Content
Artistes du Globe, Inc is a secure content delivery service to Producers of content where we deliver producer authorized and released content directly to public Subscribers of its services and according to viewing rules and payment schedules authorized and managed by content producers. Content provided by Producers may include videos, images, documents, instructions, courseware and other premium goods as may be determined by the Producer and Artistis du Globe, Inc. ARTISTES DU GLOBE DOES NOT OWN THE CONTENT, BUT PROVIDES ITS TECHNOLOGIES TO HOST AND DELIVER CONTENT TO CONSUMERS ON BEHALF OF PRODUCERS. ANY AND ALL RISK OF COPYRIGHT INFRINGEMENT IS BORN SOLELY BY THE PRODUCERS WHO UTILIZE ARTISTES DU GLOBE AS A DELIVERY SERVICE AND PAYMENT METHODOLOGY.
ARTISTS OR OTHER STAKEHOLDERS WHO BELIEVE THAT CONTENT DELIVERED FROM OUR NETWORK MAY VIOLATE THE COPYRIGHT OF ANY PERSON OR ORGANIZATION, MUST PROMPLY NOTIFY OUR LEGAL TEAM AT legal@artistesduglobe.com.
Artistes du Globe has taken every reasonable means within the scope of its technologies and legal structures to host and deliver content and cause automated royalty payments to producer defined stakeholders using secure and reliablle methods, but shall not he held responsible in any respect to any Producer, named or un-named stakeholder for breach of its security practices resulting in loss of content or revenues resulting from any such breach. Upon notification of any such breach or stakeholder claim against content, Artistes du Globe will promptly notify the contracted Producer of the content, investiage if a security breach occurred and make every reasonable effort to promptly eliminate the breach.
Content on the Community
You own all of the content and information you post in the Artistes du Globe Community. For content that is covered by intellectual property rights, like photos and videos ("IP content"), you specifically give us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Artistes du Globe ("IP License"). You will not post content or take any action on Artistes du Globe that infringes or violates someone else's rights or otherwise violates the law. We hold te right at our sole discretion to remove any content or information that we believe violates this Statement.
Streaming Video Quality Standard
Artieses du Globe utilizes the Adobe FMIS Interactive Variable-Bit-Rate Steaming Server supported by WebOrb middleware infrastructure that (a) provides content within the RTMPE Encrypted Stream, (b) SWF Verrification and (c) maintains contact with our central database to assure Producer view rules for quantity and time frame are followed and (d) delivers all content over the consumer's internet connections. The technology varies the bit-rate quality of the stream to provide the highest quality user experience possible for the available bandwidth capacity between the Artistes du Globe Server(s) and the end user. Depending on the original video qiuality and the available bit-rate, the video will stream in up to full HD quality, however high traffic and other network conditions bwyond our control may produce latency which will result in a lower bit-rate being provided by our servers. Artistes du Globe may utiliize the services of a CDN such as Akamai or EdgeCast to deliver content from its network of edge servers. In such situations, Artistes du Globe cannot be responsible for the quality of service provided by their steaming server.
Refunds and Returns
Subscribers who believe that the content delivered was not as advertized or delivered in accordance with our delivery standards may request a full or partial refund of the Acorn purchase price. In general, all sales are final, but we may at our sole discretion modify this policy based on specific circumstances.
Acorn Currency System and Fees
Artistes du Globe utilizes a synthetic currency system known as Acorns. Subscribers and Producers must purchase Acorns in order to purchase products and services from Content Producers and Artistes du Globe. Acorn purchases are effected using PCI Certified credit card methods, including PayPal and Authorize.Net. Acorns are credited to content stakeholders as defined by producers. Acorns may be converted to the stakeholders spendable Acorn balance and to credit, payable against a Pay Pal account, or by company check.
With the exception of membership and hosting/streaming fees, Artistes du Globe does not charge a transaction fee to Subscrobers to purchase Acorns, but enables Acorns to be spenty at full value. Artistes du Globe charges a 15% fee to convert earned Acorns to cash credit.
Memberships and Payments
Artistes du Globe charges an annual membership fee to members of the Community and Art-Serve. There are membership levels and fees depending on the degree of functionality and commerce to be engaged in. Artists and Professionals who join the Community may also join the Art-Serve Content Delivery network system without additional annual membership fees. Producers who join with a Group or Commerce Membership may join the Art-Serve system without additional annual fees, except for the fees that Artistes du Globe charges to producers to prepare and host live content in the streaming system. On the annual anniversary of a membership, Artistes du Globe may eliminate the members log-in capability until and unless the annual membership is renewed. There is a nominal bandwidth fee changed to all Subscribers and included in the purchase price of any video content.
Permission
Information and content contained on www.artistesduglobe.com and community.artistesduglobe.com may be used for personal purposes only or for commercial purcposes as designed within the Artistes du Globe systems.
You may not, without express written permission redistribute, mirror, resell, or use for commercial purposes, any portion of this website unless otherwise authorized. Any unauthorized distribution of any portion of this site in whole or in part is strictly prohibited.
Business and technical methods discussed in any public forum on our Sites may be copied and dissiminated for any legal purpose. Terms of use and restrictions may apply such as maintaining copyright notices and giving due credit to the author.
Links to Artistes du Globe are welcomed. Framing of this site by outside parties is strictly prohibited.
To obtain permission for use of specific information or materials provided on this site, send your request to legal@artistesduglobe.com
Registration and Account Security
Artistes du Globe users provide their real names and information. You make the the following commitments you make to us relating to registering and maintaining the security of your account:
- You will not provide any false personal information on Artistes du Globe, or create an account for anyone other than yourself without permission. You will keep your contact information accurate and up-to-date. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account.
- You will not use Artistes du Globe if you are under 13 tears of age.
- Artistes du Globe reserves the right to remove or reclaim any user name or profile information if we believe appropriate. We have the right to ban users who Spam other users or use words considered offensive or inappropriate.
Limitation of Liability
WE TRY TO KEEP ARTISTES DU GLOBE OPERATING WITH ALL FUNCTIONS, SAFE AND SECURE, BUT YOU USE IT AT YOUR OWN RISK - WE DO NOT GUARANTEE THAT ARTISTES DU GLOBE WILL BE SAFE OR SECURE. WE ARE PROVIDING ARTISTES DU GLOBE "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ARTISTES DU GLOBE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §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." WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR ARTISTES DU GLOBE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, ARTISTES DU GLOBE'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
The accuracy or reliability of site contents cannot be guaranteed. Use of any information presented on this website is at the sole discretion and risk of the website visitor. No guarantees of compatibility or workability are expressed or implied.
In no event will Artistes du Globe, Inc. be held liable in any way for any direct, indirect, special or consequential damages from the use of this site, from the content contained herein, or of any other hyperlinked website. Such possible damages include, without limitation, any lost profits, business interruption, loss of programs, content, or other data on your computer.
Termination
If you violate the letter or spirit of this Statement, or otherwise create possible legal exposure for us, we can stop providing all or part of Artistes du Globe to you. We will notify you by email or at the next time you attempt to access your account.
Additional Information
Artistes du Globe welcomes your comments and questions regarding this policy. The policies and practices described herein are subject to change at any time and without notice.
Please address comments or questions regarding the privacy practices of Artistes du Globe by sending an Email to privacy@artiesduglobe.com. |