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Terms and Conditions


By visiting Perpetual Artist Co. websites www.perpetualartist.com, www.perpetual-message.net, www.perpetual-message.com, and www.perpetualpromos.com (the "Websites"), you agree to abide by the Terms of Use described below. We have created these rules and guidelines to protect you and to ensure that the Websites are safe for everybody. By agreeing to these terms, you are taking responsibility for your own actions. If you do not agree to the terms of use below, please do not access or use this site.

 

Legal Notice and Disclaimer:

Perpetual Artist, Co. obtains all information, downloadable files and software contained herein from sources believed by Perpetual Artist, Co. to be accurate and reliable. Because of the possibility of human and mechanical error as well as other factors, Perpetual Artist, Co. shall not be held responsible for any errors or omissions in the information, and/or downloadable files, and/or software available at the Websites. Perpetual Artist, Co. makes no representations, and expressly disclaims all responsibilities, about the suitability, for any purpose, of the information, downloadable files and/or software that are available to the user at the Websites. Information and software may be changed at any time without notice of any kind. The information and software on the Websites are provided "as is" without expressed or implied warranty of any kind. Perpetual Artist, Co. disclaims all warranties with regard to the information and/or software, including all implied warranties of merchantability and fitness for a particular purpose. In no event shall Perpetual Artist, Co. be liable for any special, incidental, indirect or consequential damages or any other damages whatsoever, including without limitation, any loss of use, lost data, or lost profits or opportunity, or punitive damages, whether in an action of contract, negligence or other tort action, arising out of or in connection with the accuracy, use, or performance of the information, and/or downloadable files and/or software on the Websites. Some U.S. states and foreign countries provide rights in addition to those above, or do not allow limitation or exclusion of implied warranties, or liability for incidental or consequential damages. Therefore, the above limitations may not apply to you or there may be state provisions that supersede the above. Any clause or any portion of a clause declared invalid shall be deemed severable and shall not affect the validity or enforceability of the remainder of the clause. These terms may only be amended in writing, must be signed by Perpetual Artist, Co. authorized representatives, and shall be governed by Florida law.

 

Links to Third Party Sites

The links to third parties contained within the Websites will allow you to leave the Websites. The sites that are linked to the Websites are not under the control of Perpetual Artist, Co. Perpetual Artist, Co. is not, and shall not be, held responsible for the contents, in any way or form, of any linked site or of any link contained in a linked site. Perpetual Artist, Co. provides these links only as a convenience to you, the user of the Websites; and the inclusion of any link does not imply endorsement by Perpetual Artist, Co. of the linked site. Any rights not expressly granted by Perpetual Artist, Co. herein are expressly reserved.

 

Web Site Terms of Use

Acceptance of Terms of Use of the Websites: The access to the Websites is provided free of charge to you by Perpetual Artist, Co. under these Terms of Use. Although portions of the Websites may be viewed simply by visiting such Website, in order to receive additional services from Perpetual Artist, Co. you may need to sign on as a guest or register as a member of such Website. If you sign on to the Websites as a guest or if you register as a member of the Websites' community, these Terms of Use will govern your use of the Websites, including access to message boards and other features. 
 
BY SIGNING ON TO THE WEBSITES AS A GUEST AND/OR BY COMPLETING THE REGISTRATION PROCESS YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF USE AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME. 
 
These Terms of Use govern your use of the Websites and all services provided in connection with the Websites. Perpetual Artist, Co. shall not be liable to you for any breach of these Terms of Use. In addition, Perpetual Artist, Co. does not bear any fiduciary responsibility to any user of the Websites. If you do not agree to these Terms of Use, please do not register for or enter the Websites. The Terms of Use for your continued use of the Websites will be posted on the Websites. Please check this area before using the Websites to determine whether a change has been made to these Terms of Use. If you do not agree to these changes in the Terms of Use as they may occur, please arrange to terminate your registration with the Websites immediately (i) by notifying Perpetual Artist, Co. of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of the Websites. Your continued use of the Websites shall be construed as, and shall constitute your acceptance of any and all changes in the terms and conditions set forth herein. From time to time Perpetual Artist, Co. may supplement these Terms of Use with additional Terms pertaining to specific content or events ("Additional Terms"), which Additional Terms may be placed on the Websites to be viewed in connection with the specific content or events and shall be identified as such. You understand and agree that such Additional Terms are hereby incorporated by reference into these Terms of Use. Registration Information/Privacy Policy Collection of Personal Information When you engage in certain activities on this site, such as filling out forms, downloading software, or entering complaints, Perpetual Artist, Co. may ask you to provide certain information about yourself by filling out and submitting an online form. It is completely optional for you to engage in these activities. If you elect to engage in these activities, however, Perpetual Artist, Co. may require that you provide certain personal information, such as your name, mailing address, email address, and other personal identifying information. Perpetual Artist, Co. collects this information in order to record and support your participation in the activities you select. All information collected, regardless of type, will be protected pursuant to the Privacy Act and the Freedom of Information Act. Perpetual Artist, Co. will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.

Perpetual Artist, Co. will use reasonable efforts to honor your requests, but we appreciate your patience in allowing us a reasonable amount of time for processing.

 

Use of Cookies

When you visit the Websites, you can surf the site anonymously and access important information without revealing your identity. In order to analyze and improve our site, Perpetual Artist, Co. uses "cookies" to track your visit. A cookie is small amount of data that is transferred to your browser by a Web server and can only be read by the server that gave it to you. It cannot be executed as code or deliver viruses. Most browsers are initially set to accept cookies. You can set your browser to notify you when you receive a cookie, giving you the chance to decide whether or not to accept it. (For some Web pages that require an authorization, cookies are not optional. Users choosing not to accept cookies will not be able to access those pages.) While Perpetual Artist, Co. uses cookies to track your visit to the Websites, and Perpetual Artist's Web servers automatically log the IP/internet address of your computer, this information does not identify you personally and you remain anonymous unless you have otherwise provided Perpetual Artist, Co. with personal information. Please note that Perpetual Artist, Co. is not responsible for the content or privacy practices of third party websites. Perpetual Artist, Co. may modify or discontinue the Websites with or without notice to you and without liability to you or to any third party.
 

PERPETUAL ARTIST, CO. CONTACT INFORMATION: 

Attn: Perpetual Artist, Co. - Website Privacy. Email: rosi@perpetual-message.com

 

Modifications of these Terms of Use

Perpetual Artist, Co. may modify these Terms of Use from time to time at its sole discretion. Each time you log on to the Websites, you will be deemed to have accepted any such changes, unless you arrange to terminate your registration with the Websites immediately (i) by notifying Perpetual Artist, Co. of your unwillingness to accept the changes to the Terms of Use; and (ii) by discontinuing your use of the Websites.

 

Content of Messages

You also agree not to use the Websites to send or post on message boards or any place on the Websites, any message or material that is unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. 

Perpetual Artist, Co. reserves the right to delete any such material from the Websites. Perpetual Artist, Co. will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate the Terms of Use contained in this Section. You agree not to post or use the Websites to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio files. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. 
 
You acknowledge that (i) Perpetual Artist, Co. permits access to content that is protected by copyrights, trademarks and other intellectual and proprietary rights ("Rights"); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms of Use and applicable copyright, trademark and other laws govern your use of such content. You may not post to the Websites, copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material subject to any Rights. The burden of determining that Rights do not protect any information, software, images or any other content on the Websites rests with you. You acknowledge that Perpetual Artist, Co. may acquire Rights to use any posted materials as described below, and that you will not acquire any of those Rights by downloading such materials.

 

Third Party Services

Special routing icons may be included within the Websites, the activation of which will allow you to access and learn more about Perpetual Artist, Co. and other services provided by Perpetual Artist, Co. or its affiliates whereby the use of such icons is free of additional charge to you. When you access any of these services, your rights and obligations will be governed by the agreements and policies relating to the use of these services.

 

Disclaimer of Warranties

You expressly agree that use of the Websites is at your sole risk. The Websites are provided on an “as is” and “as available” basis. Perpetual Artist, Co. expressly disclaims all warranties of any kind, express or implied, including without limitation and warranty of merchantability or fitness for a particular purpose. Perpetual Artist, Co. makes no warranty that the Websites will meet your requirements, or that the Websites will be uninterrupted, timely, secure, or error free; nor does Perpetual Artist, Co. make any warranty as to the results that may be obtained from the use of the Websites. Perpetual Artist, Co. will not be liable for any direct, consequential or incidental damages, whether foreseeable or not, which may result from the unavailability or malfunction of the Websites. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Websites is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. You understand and agree that Perpetual Artist, Co. does not guarantee the accuracy or completeness of any information in or provided in connection with the Websites.

Perpetual Artist, Co. is not responsible for any errors or omissions or for the results obtained from the use of such information. The information is provided with the understanding that neither Perpetual Artist, Co. nor its members, while such members are participating in the Websites, are engaged in rendering legal, business, investing, counseling or other advisory services. Perpetual Artist, Co. encourages you to seek appropriate professional advice or care for any situation or problem that you may have. Perpetual Artist, Co. shall not be responsible for any loss or damage caused, or alleged to have been caused, directly or indirectly, by the information or ideas contained, suggested or referenced in this service area. Your participation in the Websites is entirely at your own risk. No advise or information, whether oral or written, obtained by you from Perpetual Artist, Co. or through the Websites shall create any warranty not expressly made herein

Perpetual Artist, Co, make no warranty regarding any goods or services purchased or obtained through the Websites or any transactions entered into through the Websites. Perpetual Artist, Co. is not responsible for the content on the internet or world wide web pages that is contained outside the website. As a convenience to the websites’ users, Perpetual Artist, Co. makes no representations as to the quality, suitability, functionality or legality of any sites to which the Websites may provide links, and you herby waive any claim you might have against Perpetual Artist, Co. with respect to such sites.

 

Limitation of Liability

Perpetual Artist, Co. shall not be liable for any direct, indirect, incidental, special, or consequential damages, resulting from the use or the inability to use the Websites or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the Websites or resulting from unauthorized access to or alternation of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangibles, even if Perpetual Artist, Co. has been advised of the possibility of such damages.

 

Promotional Messages

Perpetual Artist, Co. may, from time to time, send email messages to you containing advertisements, promotions, etc. Perpetual Artist, Co. makes no representation or warranty with respect to the content of any such email messages or services that may be obtained from Perpetual Artist, Co., and you agree that Perpetual Artist, Co. shall not have any liability with respect thereto.

 

Indemnification

You agree to indemnify and hold each officer and/or employee of Perpetual Artist, Col, its subsidiaries and affiliates, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Websites, the violation of these Terms of Use by you, or the infringement by you, or any other user of your account, of any intellectual property or other right of any person or entity.

 

Applicable Law

These Terms of Use shall be governed by and construed in accordance with Florida laws, without regard to conflicts of laws provisions thereof. The sole jurisdiction and venue for actions related to the subject matter hereof shall be Florida State and U.S. Federal courts sitting in the County of Miami Dade. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees.

 

Remedies for Breach of These Terms by You

In the event that Perpetual Artist, Co. determines, at its sole discretion, that you have breached any portion of these Terms of Use, or have otherwise demonstrated conduct inappropriate for the community of the Websites, Perpetual Artist, Co. reserves the right to (i) warn you via email that you have violated these Terms of Use; (ii) delete any content provided by you or your agent(s) to the Websites, (iii) delete all content provided by you to the Websites, (iv) discontinue your registration with the Websites; (v) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (vi) any other action which Perpetual Artist, Co. deems to be appropriate. ??

 

Miscellaneous

In the event that any provision of the Terms of Use conflicts with the law under which the Terms of Use are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms of Use, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain in full force and effect. The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Terms of Use or to exercise any right under the Terms of Use will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect. 
 
Perpetual Artist, Co. may assign its rights and obligations under these Terms of Use and upon such assignment Perpetual Artist, Co. may be relieved of any further obligation hereunder. You represent to Perpetual Artist, Co. that you have the authority to register with the Websites according to these Terms of Use. 
 
These Terms of Use and any Additional Terms constitute the entire understanding between the parties as to the subject matter herein, and supersede all prior agreements and understandings. Any legally unenforceable provision of these Terms of Use will, at the election of Perpetual Artist, Co., be deleted or modified to correct the defect and, regardless, the remainder of the terms of these Terms of Use will remain valid and enforceable. ?

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