This agreement governs your use of the ArtbeatsExpress website. To learn about usage rights for the content available on this website please read our End User License Agreement (EULA) <link here>.
Use of this website
ArtbeatsExpress website is intended for the use of our customers that are 18 years or older. You agree that you shall not use this site for any other purpose including but not limited to a violation of the law, infringement or copyright violations, or any type of defamation. You may not remove watermarks contained in Content intended for preview use only. You agree that you will not use the Content in any way that is not permitted by the agreement and in accordance to the EULA.
The Content is licensed, not sold, to you. All right, title and interest in the Content (including any updates or revisions), and all intellectual property rights therein, is and shall remain the exclusive property of ArtbeatsExpress,, its licensors, contributors, and their successors and assigns. Other than the limited license explicitly set forth in this Agreement, no interest in, or rights or licenses to the Content are granted to you, and no interest in, or rights or licenses to the Content shall inure in or accrue to you, whether by implication, estoppel or otherwise. Your rights to use the Content are specified in this Agreement and Artbeats, its licensors and their successors and assigns retain and reserve all rights not expressly granted to you. This Agreement does not transfer to you any ownership interest of any kind in the Content or other intellectual property rights in the Content.
You may may not assign or otherwise transfer this Agreement or any rights hereunder without the prior written consent of ArtbeatsExpress. A transfer of controlling interest in any entity shall constitute an assignment. ArtbeatsExpress is free to assign, transfer or delegate its right in this Agreement.
Subscription Plans/Rollover Credits
ArtbeatsExpress website is a subscription based website. Once purchased your subscription plan will auto-renew on your auto-renewal date without notice. If you would like to cancel the subscription plan, ArtbeatsExpress must receive a written notice three or more business days prior to your auto-renewal date to allow time for processing.
Upon auto-renewal any remaining credits will rollover to the billing period. The rollover credits do not expire for accounts in good standing.
If your auto-renewal does not process due to credit card failure or prior cancellation of your subscription, all credits will be removed on the auto-renew date and do NOT rollover.
Limitations and Liability
ArtbeatsExpress is not liable for any special, indirect, consequential, punitive, or incidental damages nor from damages (including, without limitation, damages for loss of profits, business interruption, loss of goodwill or data, work stoppage, computer failure or malfunction, loss of business information, or any other pecuniary loss or commercial damages) arising out of the use of or inability to use the Content, whether based in contract, tort (including without limitation, negligence) or otherwise, even if it has been warned of the possibility of such damages. ARTBEATSEXPRESS’ TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PARTICULAR SUBSCRIPTION PLAN CHOSEN UNDER THIS AGREEMENT.
Some jurisdictions do not allow the exclusion or limitation of incidental, consequential or special damages, so this exclusion and limitation may not apply to you. ArtbeatsExpress is not responsible for any liability arising out of User Work Product or content provided by you or a third party that uses any part or derivative of the Content and/or any material linked through such User Work Product and content. ArtbeatsExpress shall not be liable for any damages or losses arising out of your use or modification to the Content or the context in which the Content is used in User Work Product.
Infringement Claims/DMCA Notices
If you find any Content hosted on ArtbeatsExpress website and you believe that the Content infringes on any copyright, the owner of the copyright must notify ArtbeatsExpress by following the guidelines set for in our DMCA Copyright Infringement Notification Policy <link here>
Limited Warranty and Disclaimer
ArtbeatsExpress warrants that each licensor and contributor of Content has represented and warranted that the contributor or licensor either owns the copyright of the Content or has the rights under the copyright to grant us the license granted to you in this license agreement. ArtbeatsExpress does not warrant the accuracy of any metadata or release information that may be provided with Content supplied by a licensor or contributor. ARTBEATSEXPRESS MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE CONTENT.
THE CONTENT AND ALL OTHER INFORMATION WE PROVIDE TO YOU (INCLUDING WITHOUT LIMITATION, DESCRIPTIONS, CAPTIONS AND ARTBEATSEXPRESS CLIP INFORMATION PAGES) IS PROVIDED TO YOU “AS IS” AND WITH NO WARRANTY WHATSOEVER. ARTBEATSEXPRESS DOES NOT WARRANT THAT THE CONTENT WILL MEET ANY SPECIFICATIONS OR STANDARDS OF QUALITY. BESIDES THE LIMITED WARRANTY IN THE ABOVE PARAGRAPH, ARTBEATSEXPRESS DISCLAIMS ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ARTBEATSEXPRESS FURTHER DISCLAIMS ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ARTBEATSEXPRESS, ITS EMPLOYEES, OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE WARRANTIES OR CREATE ANY NEW WARRANTIES. IF ANY IMPLIED WARRANTY MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY IS LIMITED TO 30 DAYS FROM THE DATE YOU ACQUIRED THE CONTENT.
ArtbeatsExpress does not warrant that the Content will be error-free, or that the functions or content included in the Content will meet your requirements. You expressly waive all rights to make any claim whatsoever against ArtbeatsExpress, its licensors, or contributors for misrepresentation or for breach of warranty of any kind relating to the Content. You bear the entire risk as to the use, quality and performance of the Content. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above exclusions or limitations may not apply to you.
Personal Information and Privacy
Applicable Law; Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, USA, without regard to its conflict of laws principles. The parties agree that any claim asserted in any legal proceeding by one party against the other shall be commenced and maintained exclusively in a state or federal court located within Multnomah County, Oregon, having subject matter jurisdiction with respect to the dispute between the parties (except that a judgment by such courts may be enforced by any court). Both parties hereby submit to the exclusive jurisdiction of such courts over each of them personally in connection with such litigation, and waive any objection to venue in such courts and any claim that such forum is an inconvenient forum
You agree to indemnify, defend and hold harmless ArtbeatsExpress, its officers, directors, affiliates, agents, employees, contractors, subsidiaries, joint ventures, licensors (including Content sources), contributors, and licensees from and against any and all claims, demands, losses, liabilities, damages (including without limitation, punitive damages), penalties, judgments, settlements, costs or expenses of any kind (including reasonable attorneys fees and expenses at trial or on appeal), arising out of or related to (i) your actual or alleged breach of any terms, conditions, representations or restrictions of this Agreement (including the terms, conditions and restrictions identified on an ArtbeatsExpress invoice and/or ArtbeatsExpress clip information pages, (ii) your use or modification of any Content, or combination of any Content, with any text or other content (including use outside the scope of this Agreement), (iii) your failure to obtain from third parties all permissions necessary to use the Content, (iv) Content which ArtbeatsExpress has otherwise notified you not to license or otherwise use prior to the beginning of the term of the license for such Content; and (v) any act (including without limitation, negligence or willful misconduct) or failure to act by you or any of your employees, contractors, employers, agents, clients, principals, or users.
Website Restriction and Termination
ArtbeatsExpress can block and restrict your access to all or part of our website and its Contents at any time without prior notice or liability to you.