Terms of Use

Web Site Terms and Conditions of Use

1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials (information or software) on Artmuse LLC's (d/b/a The Thriving Artist [thrivingartistacademy.com] and The Artists' Mentor [theartistsmentor.com]) web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Artmuse LLC's web site;
4. remove any copyright or other proprietary notations from the materials; or
5. transfer the materials to another person or 'mirror' the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Artmuse LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

The materials on Artmuse LLC's web site are provided 'as is'. Artmuse LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Artmuse LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Artmuse LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Artmuse LLC's Internet site, even if Artmuse LLC or a Artmuse LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Artmuse LLC's web site could include technical, typographical, or photographic errors. Artmuse LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Artmuse LLC may make changes to the materials contained on its web site at any time without notice. Artmuse LLC does not, however, make any commitment to update the materials.

6. Links

Artmuse LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Artmuse LLC of the site. Use of any such linked web site is at the user's own risk.

7. Site Terms of Use Modifications

Artmuse LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

8. Governing Law

Any claim relating to Artmuse LLC's web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

Refund Policy

Unless otherwise noted, all purchases are final, non-refundable, and non-transferrable. Please consider your purchase carefully.

Access

Access to course, program, or event will be revoked immediately if payment is not received or user disregards or violates Terms of Service, Privacy Policy.

EULA

ARTMUSE LLC D/B/A THRIVING ARTIST End User License Agreement IMPORTANT: THIS END USER LICENSE AGREEMENT ("EULA") IS A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND ARTMUSE LLC D/B/A THRIVING ARTIST ("THRIVING ARTIST"). PLEASE CAREFULLY READ THIS EULA. YOUR USE OF CONTENT OR ANY DOCUMENTATION FOR A THRIVING ARTIST PRODUCT OR PROGRAM, OR OTHERWISE MADE AVAILABLE TO YOU BY THRIVING ARTIST (IN WHATEVER FORM OR MEDIUM) CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE WITH THE TERMS OF THIS EULA, DO NOT USE OUR PRODUCTS OR SERVICES. Additional Terms. THRIVING ARTIST reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this EULA and to impose new or additional rules, policies, terms, or conditions on your use of any THRIVING ARTIST website. These updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of any THRIVING ARTIST website or any downloads licensed from it following the posting of changes will mean that you accept and agree to the Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. IMPORTANT NOTICE: After you register on our website and make a payment, you can receive copies of classes, programs, courses, instructional, digital or other downloadable content that you find or view on any THRIVING ARTIST website (e.g., THRIVINGARTISTACADEMY.com). This EULA contains important restrictions on how you register, pay and use the downloaded content. 1. Digital Downloads. 1.1 License Restrictions. All downloaded music, images, video, artwork, text, software, classes, programs, instructional information and other copyrightable materials ("Digital Downloads") are sublicensed to you the "end user" and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "bought" on the THRIVING ARTIST website or this EULA. Your Digital Download sublicense is nonexclusive, nontransferable, nonsublicensable, limited and for use only within the country within which you reside. You must meet all of the following requirements to download any Digital Download: (i) any Digital Download that you receive may only be downloaded to your Primary Computer (defined below) or transferred to Secondary Computers (defined below) or Portable Devices (defined below), and (iii) you must first be a registered user of this THRIVING ARTIST website and in full compliance with this EULA. 1.2 Standard Usage Rules - Personal Use Only. You may download a class, program or instructional course to a single registered personal computer ("Primary Computer"). You may then transfer the files and backup license files to up to two (2) additional personal computers ("Secondary Computers") (but without rights to further transfer or copy from those Secondary Computers). You may play the class, program or instructional course an unlimited number of times on your Primary Computer and your Secondary Computers. You shall be entitled to (A) burn (only from your Primary Computer) Digital Downloads solely for personal, non-commercial use up to ten (10) times, and (B) export Digital Downloads (solely from the Primary Computer) an unlimited number of times to a Portable Device (as defined below). The foregoing are collectively referred to as the Standard Usage Rules", and together with any more restrictive usage rules that may be imposed by certain labels and licensors, the "Usage Rules". 1.3 Different Licensors May Require More Restricted Usage Rules. Unfortunately, certain programs, instructors and licensors of Digital Downloads may require stricter usage rules than these Standard Usage Rules. When applicable, we will identify these more restrictive usage rules prior to your receipt of a Digital Download that is subject to any such restrictive usage rule. You may only download, transfer, copy and use the Digital Downloads as stated in the particular Usage Rules for that Digital Download, which Usage Rules are hereby incorporated by reference. No other downloads, transfers, copies or uses of Digital Downloads are permitted. All other rights are reserved. As a condition of purchasing each Digital Download, you represent to THRIVING ARTIST that you understand and agree to the limited uses associated with a particular Digital Download's Usage Rules. 1.4 Approved Electronic Devices For Digital Downloads. Digital Downloads are sublicensed for play only upon approved electronic devices. Approved Electronic Devices" are subject to the Usage Rules above and include the following: (i) the Primary Computer and Secondary Computer registered with this THRIVING ARTIST website, and (ii) lightweight devices that receive and store digital content, and play the content back in analog or digital form, but which are incapable of further transferring Digital Downloads ("Portable Devices"). WITHOUT LIMITING ANY PROVISION HEREIN, THRIVING ARTIST MAKES NO WARRANTY THAT ANY PARTICULAR DISC BURNER WILL BE COMPATIBLE WITH ANY DIGITAL DOWNLOAD OR THAT ANY DISC BURNED WILL FUNCTION IN ALL DISC PLAYERS. 1.5 Prohibited Uses of Digital Downloads. You may not reverse engineer, decompile, dissassemble, modify or disable any copy protection or use limitation systems associated with any of the Digital Downloads. You may not play and then redigitize any of the Digital Downloads, or upload those Digital Downloads to the Internet. You may not create any "derivative works" by altering any of the Digital Downloads. You may not use the Digital Downloads in conjunction with any other third-party content (e.g, to provide audio or video for a film). You may not exploit any Digital Download for any commercial purposes (including the sale of bundled Digital Downloads transferred onto Approved Electronic Devices). You further agree to indemnify and hold harmless THRIVING ARTIST for your failure to comply with this section. 1.6 Conditions to Use of Digital Downloads to You. Digital Rights Management ("DRM") software may be downloaded onto your Approved Electronic Devices along with your Digital Download files, and may limit your uses as specified in the Usage Rules (you are required to comply with the Usage Rules in any event). THRIVING ARTIST reserves the right to change at any time, without prior notice to you, any software required to download, transfer, copy and use or limit use of any of the Digital Downloads. The speed at which a Digital Download can be transferred to your registered personal computer depends in large part upon the bandwidth of the connection provided to you by your Internet Service Provider. You are responsible for all charges associated with use of your Internet Service. 1.7 Conditions of Sale and Payment Terms. To license or receive any goods and/or services on any THRIVING ARTIST website, you must be at least eighteen (18) years of age or the applicable state, province or country age of majority. Before you receive any goods or services on or through any THRIVING ARTIST website, you must provide us with either (a) a valid PayPal account (which we may, at our sole discretion, seek to verify through PayPal), or (b) a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration and (v) any activation numbers or codes needed to charge your card. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization. All sales of products and services are final. All charges from those sales are nonrefundable. 1.8 Methods of Payment, Credit Card Terms and Taxes. All payments must be made by PayPal, VISA, MasterCard, or American Express. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this EULA to determine your rights and liabilities as a cardholder. YOU, AND NOT THRIVING ARTIST, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all fees and charges incurred in connection with any of our websites, or and Digital Downloads, or otherwise (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify THRIVING ARTIST of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If THRIVING ARTIST does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by THRIVING ARTIST or its agents. You are responsible for paying any governmental taxes imposed on your expenditures, including, but not limited to, sales, use or value-added taxes. THRIVING ARTIST shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within the State of Texas and any other states or localities that it deems is required. 1.9 Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. THRIVING ARTIST reserves the right at any time after receipt of your order to accept or decline your order for any reason. THRIVING ARTIST further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by THRIVING ARTIST upon our delivery of products or services that you have ordered, or upon the completion of the license and delivery of a Digital Download, as indicated by our servers. All orders placed over $1,000.00 (U.S.) must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance department. We may require additional verifications or information before accepting any order. THRIVING ARTIST is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell. 1.10 No Responsibility To Sell Mispriced Products Or Services. THRIVING ARTIST shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. THRIVING ARTIST shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged and your order is canceled, THRIVING ARTIST shall immediately issue a credit to your credit card account in the amount of the charge. 1.11 Modifications to Prices or Billing Terms. THRIVING ARTIST RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON ANY THRIVING ARTIST WEBSITE OR BY E-MAIL DELIVERY TO YOU. 2. Protected Content. All media (downloaded or sampled), software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork, Digital Downloads and other content on any THRIVING ARTIST website (collectively, "Content"), including but not limited to the design, selection, arrangement, "look and feel" and coordination of such Content on the THRIVING ARTIST website is owned or licensed by or to THRIVING ARTIST, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws. 3. Registration; Customer Accounts; Use of THRIVING ARTIST website. You may not use any THRIVING ARTIST website or any Content for any purpose that is unlawful or that is prohibited by this EULA. You may not attempt to gain or gain unauthorized access to any THRIVING ARTIST website or any portion or feature of the THRIVING ARTIST website, or any other systems or networks connected to the THRIVING ARTIST website or to any server. You may not probe, scan, or test the vulnerability of any THRIVING ARTIST website or any network connected to the THRIVING ARTIST website, nor breach the security or authentication measures on the THRIVING ARTIST website or on any network connected to the THRIVING ARTIST website. You may not take any action that imposes an unreasonable load on the THRIVING ARTIST website or on THRIVING ARTIST infrastructure or networks or on any networks connected to the THRIVING ARTIST website. Certain services offered on or through our website at www.THRIVINGARTISTACADEMY.com require you to open a membership account and to register. You are responsible for maintaining the confidentiality of your account information, including your password, and for all activity that occurs under your account. You agree to notify THRIVING ARTIST immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by THRIVING ARTIST or any other user of the THRIVING ARTIST website due to someone else using your password or customer account. You may not use anyone else's password or customer account at any time. Should you attempt to take any action that is illegal or is a breach of this EULA, or assist others in making such attempts, or distributing instructions, software or tools for that purpose, then your membership account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted by the registration process. You may update any of your membership account information through the Member Account management system. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any THRIVING ARTIST website or any of the systems or networks comprising or connected to the THRIVING ARTIST website. You also agree that THRIVING ARTIST may, in its sole discretion and without prior notice to you, terminate your access to the THRIVING ARTIST website and your membership account for any reason, including without limitation: (1) attempts to gain unauthorized access to any THRIVING ARTIST website or assistance to others' attempting to do so, (2) overcoming software security features limiting use of or protecting any Content, (3) discontinuance or material modification of the THRIVING ARTIST website or any service offered on or through the THRIVING ARTIST website, (4) violations of this EULA, (5) failure to pay for Digital Downloads or other products or services, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that THRIVING ARTIST will not be liable to you or to any third party for termination of your access to the THRIVING ARTIST website. 4. Consent To Collection, Use & Disclosure of Your Personal Information. As more fully described in our Privacy Policy, you must disclose certain personally identifiable information to use any THRIVING ARTIST website, register, and to license and receive Digital Downloads or other products and services. As a condition of registering with our THRIVING ARTIST website or receiving any Digital Downloads, or any other products and/or services or to conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personally identifiable information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing the THRIVING ARTIST website, using any features or conducting any transactions with us, you agree that you will first review our Privacy Policy prior to making any initial or subsequent transactions. THRIVING ARTIST may disclose any information we have about you (including your identity) if we determine that it is necessary for the purpose of investigating any complaint regarding your use of the THRIVING ARTIST website, or if we determine that it is necessary in order to comply with any applicable law, regulation legal process or governmental request, including exchanges with other entities for fraud protection purposes. While THRIVING ARTIST takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL THRIVING ARTIST OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER THRIVING ARTIST WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE. 5. You Consent To Communication By E-Mail. By establishing a membership account with us, and each time you conduct a transaction through our THRIVING ARTIST website, you grant permission for THRIVING ARTIST to contact you at your e-mail address. To stop receiving our marketing emails, send an e-mail to us at [email protected] or follow the opt-out procedures set forth in such marketing emails. 6. Indemnification. You agree to indemnify and hold harmless THRIVING ARTIST and its parents, sister companies, subsidiaries, affiliates, service providers, other end users, distributors, licensors, officers, directors and employees from any claim or demand, including reasonable attorneys' fees and costs, made by any third party arising out of or related to your violation of this EULA, or your violation of any law, regulation or third-party right. 7. Intellectual Property/Copyright. You do not acquire any title to the intellectual property in and Digital Downloads or any of the Content and all title and full ownership of the same remains with THRIVING ARTIST and/or its suppliers. You are not granted any other rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content or any Digital Downloads, and THRIVING ARTIST reserves all rights not expressly granted hereunder. THRIVING ARTIST expressly disclaims all responsibility and liability for uses by you of any Content obtained on or in connection with any of our websites. 8. Reverse Engineering. You will not attempt, and if you employ employees or engage contractors, you will use your best efforts to prevent your employees and contractors from attempting to decompile, recompile, reverse compile, reverse engineer, modify, translate or disassemble the Content or any Digital Downloads, in whole or in part. 9. Compliance. THRIVING ARTIST may use technologies to verify your compliance. You shall abide by United States and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Content subject to restrictions under such laws to a national destination or person prohibited under such laws. 10. Trademarks. ARTMUSE LLC d/b/a THRIVING ARTIST, and other THRIVING ARTIST trademarks, service marks, graphics, and logos used in connection with the Content or any THRIVING ARTIST product or service are trademarks or registered trademarks of THRIVING ARTIST in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos are the trademarks of their respective owners. You are granted no right or license with respect to any of these trademarks and any use of such trademarks. The use of any THRIVING ARTIST trademark or service mark without THRIVING ARTIST's advance express written consent is strictly prohibited. 11. Disclaimer of Warranty. ANY THRIVING ARTIST WEBSITE, PRODUCTS, SERVICES, CONTENT, DIGITAL DOWNLOADS, SOFTWARE, ARTWORK, DATA, OR ANY SERVICE OR FEATURE OR INFORMATION ARE PROVIDED ON AN "AS IS" AND "AS-AVAILABLE BASIS." ALL OF THRIVING ARTIST 'S PHYSICAL PRODUCTS (IF ANY) ARE GUARANTEED AGAINST MATERIAL DEFECTS FOR THIRTY (30) DAYS FROM THE DATE OF INVOICE. EXCEPT AS EXPRESSLY STATED HEREIN, THRIVING ARTIST EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO OR REFERENCED BY THE THRIVING ARTIST WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY OR QUALITY OF DATA AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, TITLE, NON-INFRINGEMENT, LACK OF VIRUSES, CORRESPONDENCE TO DESCRIPTION AND ANY IMPLIED INDEMNITIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE THRIVING ARTIST WEBSITE AND ANY THIRD PARTY LINKED WEBSITES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CONTENT AND ANY DIGITAL DOWNLOADS REMAINS WITH YOU. NEITHER THRIVING ARTIST NOR ITS SUPPLIERS REPRESENT OR WARRANT THAT THE INFORMATION, DATA OR FUNCTIONS CONTAINED IN THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. 12. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OF ANY THRIVING ARTIST WEBSITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH ANY THRIVING ARTIST WEBSITE, AND/OR THE USE OF ANY CONTENT AND/OR DIGITAL DOWNLOADS REMAINS WITH YOU. YOUR SOLE REMEDY AGAINST THRIVING ARTIST FOR DISSATISFACTION WITH ANY THRIVING ARTIST WEBSITE, CONTENT OR DIGITAL DOWNLOAD IS TO STOP USING IT OR THEM. NOTWITHSTANDING ANYTHING ELSE IN THIS EULA OR POSTED ON ANY THRIVING ARTIST WEBSITE, THRIVING ARTIST 'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS EULA SHALL NOT EXCEED WHAT YOU ACTUAL PAID THRIVING ARTIST FOR THE APPLICABLE DIGITAL DOWNLOAD. MULTIPLE DIGITAL DOWNLOADS MAY NOT BE AGGREGATED TO EXPAND THIS LIMITATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THRIVING ARTIST OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES FOR PERSONAL INJURY, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION/DATA, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE CONTENT OR ANY DIGITAL DOWNLOAD, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THRIVING ARTIST OR ITS SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THRIVING ARTIST OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM BY A THIRD PARTY. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF THRIVING ARTIST. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS EULA) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN OR AMONG THE PARTIES. 13. State/Jurisdiction Laws. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS EULA GIVES YOU SPECIFIC RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. 14. Export Laws. This EULA involves products and/or technical data that may be controlled under the United States Export Administration Regulations and may be subject to the approval of the United States Department of Commerce prior to export. Any export, directly or indirectly, in contravention of the United States Export Administration Regulations, or any other applicable law, regulation or order, is prohibited. 15. United States Government Restricted Rights. The Content and related documentations are, as defined in 48 CFR §2.101, "Commercial Items" consisting of "Commercial Computer Content" and "Commercial Computer Content Documentation" as defined in 48 CFR §§12.212 or 227.7202. As consistent and applicable with 48 CFR §§12.212, 227.7202-1 through 227.7202-4 or 52.227-19, the Commercial Computer Content and Commercial Computer Content Documentation are licensed to U.S. Government end users (1) only as Commercial Items and (2) with only those rights that are granted to other end users pursuant to the terms herein. Use, duplication, or disclosure by the U.S. Government, its agencies and/or instrumentalities is subject to restrictions as set forth in 48 CFR §52.227-19, as applicable. 16. Severability. If any provision of this EULA shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not in any way be affected or impaired. 17. No Waiver. No waiver of any breach of any provision of this EULA shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. 18. Relationship with Other Agreements. The Content may use built-in Content components distributed as free Content by third parties. Where separate terms and conditions are provided by such third party Content suppliers, then, subject to the terms and conditions of this EULA, those terms and conditions shall apply. To the extent that there is any inconsistency between the terms and conditions contained herein and the terms and conditions provided by such third party Content suppliers, the terms and conditions of such third party Content suppliers shall govern. 19. No Strict Construction. This EULA shall be construed without any presumption or rule requiring that it might be construed against the party causing this Agreement, or any part of it to be drafted. 20. Policy to Terminate Privileges. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), THRIVING ARTIST will terminate the account of any customer, or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to THRIVING ARTIST and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, THRIVING ARTIST will terminate the infringing customer's account. THRIVING ARTIST may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. In addition, pursuant to 17 U.S.C. § 512(c), THRIVING ARTIST has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. THRIVING ARTIST respects the intellectual property of others and we ask other to do the same. If you believe that your copyright has been infringed through any THRIVING ARTIST website, please contact "Legal Department" via mail at: Attn: Thriving Artist c/o Artmuse LLC, PO Box 152603, Austin, TX 78715 o Any written notice describing the infringing activity must include the following information: o An electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive that is allegedly infringed; o A description of the allegedly infringing work or material; o A description of where the allegedly infringing material is located on the THRIVING ARTIST website; o Information reasonably sufficient to allow us to contact you, such as your address, telephone number and e-mail address; o A statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright or other proprietary right owner, its agent, or the law; and o A statement by you that the above information and notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed. 21. Assignment, Bringing Claims, Entire Agreement. This EULA will bind and inure to the benefit of THRIVING ARTIST permitted successors and assigns. Any claim under this EULA must be brought within one (1) year after the cause of action arises. Any attempt by you to assign, transfer or delegate this EULA shall be null and void. THRIVING ARTIST may freely assign this EULA without consent or notice. This EULA (including all documents expressly incorporated herein by reference, including but not limited, to the relevant Usage Rules) constitutes the complete and exclusive agreement between THRIVING ARTIST and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. 22. Governing Law. This EULA will be governed by, construed and enforced in accordance with the internal laws of the State of Texas, without giving effect to principles and provisions thereof relating to conflict or choice of laws irrespective of the fact that any one of the parties is now or may become a resident of a different state. Venue for any action under this Agreement shall lie only in Travis County, Texas. The parties hereby consent to personal jurisdiction over them by the courts within Travis County, Texas. The parties waive all objection and challenge to such venue and personal jurisdiction. 23. Arbitration. All disputes between you and THRIVING ARTIST shall be finally resolved through binding arbitration in Austin, Texas. The arbitration shall be conducted by one (1) arbitrator selected under the applicable rules of JAMS. The parties shall conduct discovery as agreed upon or as permitted by the arbitrator. A party may file for an order on the arbitration decision exclusively in the Supreme Court of Texas, Travis County or the United States District Court for the Western District of Texas. The parties shall share equally the costs of the arbitrator, arbitration body and arbitration facilities (if applicable). Each party may bring a claim or action for injunctive relief without submitting the claim to final and binding arbitration. Neither party shall have the obligation to post a bond or demonstrate actual harm before bringing a claim or action for injunctive relief. Each party consents to the exclusive jurisdiction and venue of the Supreme Court of Texas, Travis County or the United States District Court for the Western District of Texas for any equitable claim or other action related to or arising from this agreement, or any terms and conditions contained herein. Each party shall bear his/her/its own expenses and attorneys' fees related to any arbitration, claim or action. 24. Contact Information. If you have any questions or comments, please contact THRIVING ARTIST either by e-mail at [email protected], or at the following address: Attn: Thriving Artist c/o Artmuse LLC, PO Box 152603, Austin, TX 78715 YOU UNDERSTAND AND AGREE THAT THE PROVISIONS CONTAINED HEREIN REPRESENT AN AGREED ALLOCATION OF RISK WHICH IS REFLECTED IN THE OBLIGATIONS HEREUNDER SUCH AS THE DISCLAIMER OF ALL WARRANTIES AND THE LIMITATIONS ON LIABILITY. THRIVING ARTIST COULD NOT PROVIDE ITS CONTENT, PRODUCTS OR SERVICES TO YOU AT THE CURRENT PRICING "BUT FOR" YOUR AGREEMENT TO THESE TERMS AND CONDITIONS. * I agree with the terms above