- Terms of service (TOS) – Submitter
Access to and use of http://huutaart.com (the 'Site') is provided subject to these conditions. Use of this Site constitutes acceptance of these conditions.huutaArt Ltd., its affiliates and related companies (collectively 'HU2TA') has made reasonable efforts to ensure the information provided at this Site is accurate at the time of inclusion, however it accepts no liability for any inaccuracies or omissions in this Site. HU2TA may make changes in the products, services and/or the programs described in this information at any time without prior notice.
The materials in this Site are provided 'AS IS', 'AS AVAILABLE', and without warranties of any kind, either express or implied. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HU2TA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HU2TA DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION OR MATERIALS (INCLUDING BUT NOT LIMITED TO THE DOCUMENTS AND RELATED GRAPHICS) AVAILABLE AT OR FROM THIS SITE ARE ACCURATE OR SUITABLE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS. IT IS A CONDITION OF ALLOWING YOU ACCESS TO THIS SITE THAT UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL HU2TA BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL (INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA) ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE, EVEN IF HU2TA WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. You agree not to disturb the normal operation of this Site, not to infringe the integrity of this Site by hacking, altering the information contained in this Site, not to prevent or limit access to this Site to other users, or otherwise. If these conditions are not accepted in full, the use of this Site must be terminated immediately.Notice specific to documents available on this site
Permission to use documents (such as press releases, datasheets and Frequently Asked Questions (FAQs)) from this Site is granted, provided that (a) the copyright notice set out below appears in all copies and that both the copyright notice and this permission notice appear, (b) use of such documents from this Site is for informational and non-commercial or personal use only and such documents are not to be copied or posted on any network computer or broadcast in any media, and (c) no modifications of any documents are made. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Documents specified above do not include the design or layout of the Site or any other HU2TA owned, operated, licensed or controlled Site. Elements of HU2TA websites are protected by copyright and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any HU2TA website may be copied or retransmitted without the express written permission of HU2TAFees for submitting to a call on huutaArt.com
To submit to a Call on huutaArt.com a Submitter may be required to pay a Call Submission Fee or a time based Subscription Fee. (A) Call Submission Fees are fees charged to the Submitter by the Organizer.
You acknowledgle that Call Submission Fees are paid directly to the Call Organizer by you (the Submitter) using PayPal via huutaArt.com. You acknowledge and agree that HU2TA is not and will not be help responsible for any refund of Call Submission Fees paid by you to the Call Organizer and any refund you seek must be negotiated between you and the Call Organizer directly.(B) Subscription Fees are fees charged to you (the Submitter) by us and allow you to submit to a Call which has no Call Submission Fee and labeled "Free with Subscription". Subscription Fees are purchased for a period of time and allow you to submit to Calls labeled "Free with Subscription" as long as you complete your submission prior to the end of your subscription date. You acknowledge that; (i) purchasing a subscription does not gaurantee acceptance of your submission to any Call, (ii) you are soley responsible for completing your submission prior to the expiration date of your Subscription, (iii) you acknowledge that the Subscription Fee is non-refundable.(D) Refunds.
(i) It is the responsibility of the Organizer to communicate its refund policy to Submitters and to issue refunds to Submitters as and when required. An Organizer shall ensure that its refund policy is consistent with the terms of this TOS. All communications or disputes regarding refunds are between the Organizer and Submitter, and huutaArt will not be responsible or liable for, and Submitter hereby agrees to fully indemnify huutaArt and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the service.Third party advertisements
HU2TA does not endorse any third party product or service advertised or referred to on this Site. HU2TA accepts no responsibility whatsoever in respect of any offers or advertisements of third party on this Site, including but not limited to any product or service claims, warranties, representations, offers or contests of any kind.Links to third party sites
The links to other websites will let you leave HU2TA's site. The linked sites are not under the control of HU2TA and HU2TA is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. HU2TA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement or any representation by HU2TA of the site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, bugs, problems or other limitations. IN NO EVENT SHALL HU2TA BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE OR ANY OTHER LINKED WEBSITE, INCLUDING WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF HU2TA WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.Providing suggestions and other information to HU2TA
Except for the information you include as part of the various forms for responding to CALLS FOR ART, mailing and ordering purposes, by communicating with HU2TA, you grant HU2TA permission to use, reproduce, display, perform, modify, transmit and distribute for any purpose HU2TA chooses, commercial, public or otherwise, any information, suggestions, ideas, drawings or concepts communicated, without compensation whatsoever.LicensesYou retain copyright and any other rights you already hold in the CONTENT which you submit, post or display on or through, the Site.By uploading your CONTENT to the Site - text, images, photography, or video, you grant the following licenses to HU2TA: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, and distribute your CONTENT, without limitation or qualification, in advertising, marketing, samples, and promotional materials, for the sole purpose of enabling HU2TA to display, distribute and promote the Site; and the right to make modifications to your CONTENT, without limitation or qualification, as necessary. You agree that this license includes a right for HU2TA to make such Content available to any successor to itself or to its business which includes the Service through which such Content was submitted, displayed or posted. You understand and acknowledge that HU2TA is required to transmit or distribute your CONTENT over various public networks and in various media; and make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit HU2TA to take these actions.Governing law
This Site and all disputes or other matters arising out of it shall be governed by the laws of the Province of Ontario, Canada and dealt with by a court of competent jurisdiction in Toronto, Canada or such other location as the parties may agree. Since you should have no reason to have a grievance with us, as a disincentive to unwarranted litigation, you agree that if you sue us and don't win, you will pay all our costs, including reasonable fees for in-house and outside counsel.
Most of the activity at the Site involves the viewing of materials, which are made accessible to everyone so there is no need for it to be secure. Other areas of the Site require the use of passwords, User IDs and may have other security features. You are responsible to keep your User IDs and passwords confidential. You should promptly notify HU2TA if you become aware of unauthorized use of your User IDs or passwords or use of services or materials available from this Site. The use of your User IDs or passwords by you, or by any person with or without your knowledge or consent, in connection with a HU2TA transaction, binds you legally and makes you responsible to the same extent and effect as if you had given signed, written instructions to us, unless you have previously notified us that the confidentiality of your User IDs or passwords has been compromised.Copyright notice
The materials on this Site are protected by copyright and other laws. © Copyright HU2TA and/or its licensors, 2011-2012. All rights reserved.Trademarks
Certain trademarks, trade-names, images, logos and pictures at this Site are proprietary to HU2TA or other entities. Except as may be expressly provided, nothing contained herein shall be construed as conferring any license or right under copyright or other intellectual property rights.Rights reserved
Any rights not expressly granted herein are reserved.
Terms of service (TOS) – Organizer
huutaArt enables people all over the world to organize and manage Calls for Submissions ("Calls").The following contain our Terms of Service, which govern all use of our Services.
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) of (a) the huutaArt Ltd. websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by huutaArt Ltd. ("huutaArt") for your Calls, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by huutaArt. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by huutaArt. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY huutaArt. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN CALL BY CALL BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF huutaArt, OR (II) BY huutaArt AS PROVIDED IN SECTION 1.2 BELOW.
huutaArt reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF huutaArt.
huutaArt provides a simple and quick means for registered users who are call organizers and planners ("Organizers" or "you") to collect online submissions with respect to a request for submissions ("Call") published on the Site from users ("Submitters") who want to submit to such Calls. Organizers may visit the Site, create their Call, including pricing, location, submission criteria, etc., and fees (as defined below) ("Call Submission Fees"), online directly from Submitters. Payments are transacted through PayPal, or other third party payment service methods as determined from time to time by huutaArt.
3. YOUR USE OF THE SERVICES.
3.1 The Services.
huutaArt hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating a Call page with respect to, and promoting, managing, tracking, and collecting Submissions and Call Submission Fees for, a Call that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services; (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Call Submission Fees through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
If you are allowed to download or use any Software in connection with the Services, huutaArt hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by huutaArt in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by huutaArt, including without limitation huutaArts mobile applications. For clarity, the Software will be deemed a part of the "Services" hereunder.
4. FEES AND PAYMENT METHOD.
4.1 Fee Categories.
There are three categories of fees.
(A) "Call Submission Fees" are fees charged to the Submitter by the Organizer.
You are responsible for setting the price of the Call Submission Fee which may include a huutaArt Fee.
(B) "huutaArt Fees" are fees charged to you by us and may include: (1) "huutaArt Submission Fees" which consists of a fee per submission or fee per image, as deterimed by huutaArt; (2) "Publishing Fee" for Calls that do not charge a Call Submission Fee; (3) "Sponsored Fees" are for Calls that allow Submitters to submit at no cost to the Submitter.
(C) Subscription Fees are fees charged to the Submitter by us where a Submitter wishes to submit to a Call for which has no Call Submission Fee. Subscription Fees are purchased for a length of time and allow the Submitter to submit, during that period, to any Call which has no Call Submission Fee.
4.2 Collection of Fees
(i) Organizers must have a verified PAYPAL account to accpet a Call Submission Fee payment from a Submitter via huutaArt. (ii) You agree and accept all terms & conditions, and agree to pay all fees from PAYPAL pertaining to your use of your PAYPAL account.
(B) Call Submission Fees.
(i) Call Submission Fees are paid directly to the Organizer's PayPal Account by the Submitter. (ii) huutaArt Submission Fees are deducted from the Call Submission Fee paid to the Organizer at the moment of payment by the Submitter. (iii) You acknowledge that the Call Submission Fee presented to the submitter for your call includes the applicable huutaArt fee(s) and that you agree that we shall deduct our fee(s) at the moment of payment by the Submitter.
(C) Publishing Fees and Sponsored Fees are payable to us on a per Call basis prior to your Call being published and available to collect submission.
(i) It is the responsibility of the Organizer to communicate its refund policy to Submitters and to issue refunds to Submitters as and when required. An Organizer shall ensure that its refund policy is consistent with the terms of this TOS. All communications or disputes regarding refunds are between the Organizer and Submitter, and huutaArt will not be responsible or liable for, and Organizer hereby agrees to fully indemnify huutaArt and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the service. (ii) Notwithstanding the foregoing, you acknowledge and agree if one or more Submitter(s) request a refund, whether due to a cancelled Call or for any other reason where huutaArt would reasonably expect to lose a chargeback, huutaArt may, in its sole discretion, issue such refund to such Submitter(s), and the Organizer shall then owe the amount of such refund to huutaArt.
(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if huutaArt provides you with tools that assist you in doing so. huutaArt does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. huutaArt cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires huutaArt to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse huutaArt for such Taxes and all costs and expenses related thereto.
(ii) All Service Fees charged by huutaArt do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on huutaArt's net income) to huutaArt.
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify huutaArt of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. huutaArt cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that huutaArt shall be the sole arbiter of such dispute in its sole discretion and that huutaArt's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by huutaArt in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. huutaArt may own the Site Content or portions of the Site Content may be made available to huutaArt through arrangements with third parties. Except as expressly authorized by huutaArt in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of huutaArt. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to huutaArt a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. huutaArt reserves the right to remove any of Your Content from the Site at any time if huutaArt believes in its sole discretion that it does not comply with this TOS. In addition, you agree that huutaArt may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of huutaArt both on the Site and in marketing and promotional materials.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Submitters and other users of the Services. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; facilitate gambling, gaming, lotteries, raffles, or sweepstakes; impersonate any person or entity, including, but not limited to, an huutaArt representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity; upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by huutaArt; interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; intentionally or unintentionally violate any applicable law or regulation (foreign or domestic).
8.2 Certain Remedial Rights.
You acknowledge that huutaArt does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that huutaArt and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that huutaArt may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of huutaArt, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
huutaArt may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].huutaArt.com). All such sub-domains are the sole property of huutaArt. In the event huutaArt provides you with a sub-domain, your right to use such sub-domain may be terminated by huutaArt at any time (with or without notice) for any reason or no reason.
You agree to defend, indemnify and hold huutaArt, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. huutaArt shall provide notice to you of any such Claim, provided that the failure or delay by huutaArt in providing such notice shall not limit your obligations hereunder. huutaArt reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting huutaArts defense of such matter.
11. SERVICE MODIFICATIONS/SUSPENSIONS.
huutaArt reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. huutaArt will not be responsible to you for a refund, in whole or part, of huutaArt Fees for any reason. You agree that huutaArt shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
huutaArt, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due huutaArt, or if huutaArt believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that huutaArt may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that huutaArt shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licences).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because huutaArt has no control over such websites and resources, you acknowledge and agree that huutaArt is not responsible for the availability of such 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 huutaArt shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
17. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. huutaArt HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. huutaArt MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. huutaArt IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, SUBMITTER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER A CALL; AND huutaArt WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT huutaArt HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF CALLS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING SUBMITTERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING SUBMITTERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, huutaArt IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT SERVICE), AND huutaArt HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Submitters, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to huutaArt. huutaArt, in its sole discretion, may investigate the claim and take necessary action.
18. LIMITATION OF LIABILITY.
huutaArt SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF huutaArt HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF CA$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND huutaArt'S REASONABLE CONTROL. huutaArt SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE huutaArt, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, SUBMITTERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR CALL.
Notices to you may be made via either email or regular mail to the address in huutaArt's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at huutaArt Ltd., 4 Strathcona Avenue, Toronto, ON, Attn: Corporate Counsel.
22. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of huutaArt (the "huutaArt Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of huutaArt. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with huutaArt Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without the prior written consent of huutaArt specific for each such use. The Trademarks may not be used to disparage huutaArt, any third party or huutaArt's or third party's products or services, or in any manner (in huutaArt's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless huutaArt approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any huutaArt Trademark shall inure to huutaArt's benefit.
23.1 Entire Agreement.
This TOS constitutes the entire agreement between you and huutaArt and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and huutaArt on the subject matter hereof, other than any written Services Agreement or Addendum Agreement between you and an authorized officer of huutaArt relating to a specified Call or Calls. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.
23.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the Province of Ontario, Canada.
• To improve our website in order to better serve you.• To allow us to better service you in responding to your customer service requests.• To administer a contest, promotion, survey or other site feature.• To send periodic emails regarding your order or other products and services.How do we protect visitor information?Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser's Help menu to learn the correct way to modify your cookies.
If users disable cookies in their browser:If you disable cookies off, some features will be disabled It will turn off some of the features that make your site experience more efficient and some of our services will not function properly.However, you can still place ordersYou may not be able to submit to an Open CallThird Party DisclosureWe do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others' rights, property, or safety.
How does our site handle do not track signals?We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third party behavioral tracking?It's also important to note that we do not allow third party behavioral tracking.COPPA (Children Online Privacy Protection Act)When it comes to the collection of personal information from children under 13, the Children's Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation's consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children's privacy and safety online.
We do not specifically market to children under 13.CAN SPAM ActThe CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.We collect your email address in order to:• Send information, respond to inquiries, and/or other requests or questions.• Process orders and to send information and updates pertaining to orders• We may also send you additional information related to your product and/or service.• Market to our mailing list or continue to send emails to our clients after the original transaction has occurred
To be accordance with CANSPAM we agree to the following:• NOT use false, or misleading subjects or email addresses• Identify the message as an advertisement in some reasonable way• Include the physical address of our business or site headquarters• Monitor third party email marketing services for compliance, if one is used.• Honor opt-out/unsubscribe requests quickly• Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can• Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.Submitting to an OPEN CALLA core function of huutaArt.com is the management of Open Call Submissions. Content which you submit to an Open Call is made available to the Open Call Organiser. The Submission will include your complete Open Call Profile and the materials you attach to submission such as images and their identifying data, video links, text, PDF documents and other materials you submit for inclusion to complete your submission entry. Submitted material to an Open Call is only available to you and the Organiser of the Open Call you submitted to. Submitted material to an Open Call is accessible by the Call Organiser to use in the execution of their Open Call project.
Last Edited on 2014-12-19