Terms of Use

Introduction.

This site is owned by The ArtsBot, LLC. (“The ArtsBot”).

Please read the following Terms of Use (“Terms”) carefully before using The ArtsBot’s website, www.heartsbot.com. By visiting this site, entering into a purchase order, and/or subscribing to The ArtsBot’s services, you are agreeing to and accepting the following Terms.

If you do not agree to any portion of these Terms, you should not access or otherwise use the site.

These Terms are effective as of July 1, 2016

The ArtsBot reserves the right to change or update these Terms at any time and will post any changes or updates on this site as soon they go into effect. By visiting this site, entering into a purchase order, or subscribing to The ArtsBot’s services after any changes or updates are made to these Terms, you are deemed to have accepted such changes or updates. Please refer back to these Terms on a regular basis.

Content.

All trademarks and service marks, registered or unregistered, trade dress, logos, text, computer code, photographs, sounds, and all other content used or displayed on this website is the property of The ArtsBot or is licensed for use by the respective owner to The ArtsBot.

If you believe that any content on this website violates any intellectual property right of yours, please contact The ArtsBot by mail at the following address: 145 East 84th St., 5F, New York, NY 10028.

User Account.

When making a purchase or signing up for a service through this site, you may have the option to create a username and password. You must be at least 18 years of age to register a username and password with this site. You are fully responsible for maintaining the confidentiality of your password. You shall immediately notify The ArtsBot at Marcy@theartsbot.com should you know, or have reasonable grounds to suspect, that your username and password have been compromised.

The ArtsBot may, at its sole discretion, terminate your user account for any reason.

 

Third Party Advertisers.

The ArtsBot takes no responsibility for your dealings with, including any online or other purchases from, any third party advertisers. The ArtsBot shall not be liable for any loss or damage incurred by you in your dealings with third party advertisers.

Links to Third Party Sites.

This site may contain links to websites controlled by third parties. The ArtsBot is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any third party site, any website accessed from a third party site, or any changes or updates to such sites. The ArtsBot makes no guarantees about the content or quality of the products or services provided by such sites. The ArtsBot is not responsible for webcasting or any other form of transmission received from any third party site. The inclusion of any link on this site does not imply endorsement by The ArtsBot of the third party site. You acknowledge that you bear all risks associated with access to and use of content provided on a third party site and agree that The ArtsBot is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable third party site if you have any concerns regarding such links or the content located on any such third party site.

Privacy Policy.

By visiting this site, entering into a purchase order, and/or subscribing to The ArtsBot’s services, you are also agreeing to and accepting the terms of Privacy Policy (link). The ArtsBot incorporates the terms of the Privacy Policy into these Terms.

Additional Terms.

When you purchase a product or subscribe to a service offered by The ArtsBot, terms in addition to the ones set forth in these Terms and Privacy Policy may apply. You should carefully review any and all applicable terms.

Disclaimers.

YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE, THE ONLINE SERVICE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ARTSBOT PROVIDES THE WEBSITE, ITS PRODUCTS, AND THE ONLINE SERVICE ON A COMMERCIALLY REASONABLE BASIS AND THE ARTSBOT MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, PRODUCTS, THE ONLINE SERVICE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE WEB PAGES ON THE WEBSITE, THE ONLINE SERVICE, ANY ELECTRONIC COMMUNICATION OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE WEBSITE WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. THE ARTSBOT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND/OR THE ONLINE SERVICE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT THE ARTSBOT SHALL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND/OR THE ONLINE SERVICE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.

Limitation of Liability.

THE ARTSBOT’S MAXIMUM LIABILITY FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THIS SITE AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT OR SERVICE RECEIVED (IF ANY).

THE ARTSBOT IS NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, LOSS OF BUSINESS, LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THIS PARAGRAPH MAY NOT APPLY TO YOU.

Indemnity.

You agree to defend, indemnify and hold harmless The ArtsBot and its affiliates, members, owners, officers, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the site.

Governing Law.

The validity and interpretation of these Terms shall be construed in accordance with, and governed by the internal laws of the State of New York, without giving effect to principles of conflicts of laws of any jurisdiction. All claims, disputes or causes of action relating to or arising out of these Terms or the use of this website shall be brought, heard and resolved solely and exclusively by and in a federal or state court situated in New York County, New York. By visiting this site, entering into a purchase order, and/or subscribing to The ArtsBot’s services, you agree to submit to the personal and exclusive jurisdiction of the federal or state courts situated in New York County, New York.

Miscellaneous.

If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and The ArtsBot’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact.

If you have any questions about these Terms, the Privacy Policy, the practices of this website, or your dealings with this website, please contact The ArtsBot at Marcy@theartsbot.com

 

 

 

 

 

 

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