THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, IS AVAILABLE AT www.lelores.com/pages/terms. Each use by you shall constitute your unconditional acceptance of the Agreement, in its then-current form.
3. Ownership. All content included on this site is, and shall continue to be, the property of Arttoia or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intellectual Property. You acknowledge that any trademarks, service marks, logos, copyrighted works, and other content appearing in this website are the property of Arttoia or the party that provided such intellectual property to Arttoia, and expressly recognize Arttoia’s exclusive rights to such intellectual property. Arttoia, and any party that provides intellectual property to Arttoia, retains all rights with respect to any intellectual property appearing in the Site, and no rights in such materials are transferred or assigned to you.
6. Site Use. Arttoia grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of Arttoia and Arttoia may terminate your use of this website at any time.
7. Right to Refuse Service. We reserve the right to refuse to provide the Service, terminate accounts, or remove or edit content on the Site in our sole discretion, for any reason or no reason.
8. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence. You further agree that information provided by you is truthful and accurate to the best of your knowledge.
9. Your Representations and Warranties. You represent, warrant, and agree that:
(a) You are at least 18 years of age;
(b) You have the right, authority and capacity to enter into agreements with us, including these TOS;
(c) You shall use the Site and Service in a manner consistent with any and all applicable laws and regulations, including local, state and federal laws;
(d) You shall not use the Site and/or Service for any purpose other than the Intended Purpose;
(e) You shall not impersonate any person or entity using the Site and/or Service;
(f) You shall not “Stalk” or otherwise harass any person using the Site and/or Service;
(g) You shall not make any express or implied statements that you are endorsed by or associated with us without our specific prior written consent;
(h) You shall not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service and/or Site or its contents;
(i) You shall not distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information using the Site and/or Service without obtaining the prior consent of the owner of such proprietary rights;
(j) You shall not remove any copyright, trademark or other proprietary rights notices contained in the Site or Service;
(k) You shall not interfere with or disrupt the Service or Site;
(l) You shall not post, email or otherwise transmit any material 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 through the Site or Service;
(m) You shall not manipulate identifiers to disguise the origin of any information transmitted through the Site or Service;
(n) You shall not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Site or Service, or any software used on or for the Site and Service, or cause others to do so;
(o) Your Information and your interactions on the Site and with the Service shall not: (1) be false, inaccurate or misleading (directly or by omission or failure to update information); (2) infringe any third party's rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (3) violate any law, statute, ordinance or regulation; (4) be defamatory, trade libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive or illegal material; (5) contain any offensive anatomical or sexual references, or offensive sexually suggestive or connotative language; (6) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; or (7) use the Site or Service to link directly or indirectly to any other web sites or Apps;
(p) All information you provide to us or others through the Site or Service is truthful and accurate; and
(q) You shall not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation during your use of the Site or Service.
Violation of any provision of this paragraph will be considered material breach of the TOS, and will allow us to seek an immediate injunctive relief and damages.
10. Indemnification. You agree to indemnify and hold Arttoia, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys’ fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site.
11. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR OWN RISK. ARTTOIA DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.12. Limitation of Liability. ARTTOIA, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OUR SERVICES, OR ANY RELATED GOODS, EVEN IF ARTTOIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR ARTTOIA WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF ARTTOIA AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO ARTTOIA TO USE THE SITE, OR TO PURCHASE GOODS OR SERVICES.
You may have additional rights under certain laws (including consumer laws) that do not allow the exclusion of implied warranties or certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
13. Security. You represent and warrant that you are the sole authorized user of your Arttoia account (your "Account"). You are responsible for maintaining the confidentiality of any password provided by you or us for accessing your Account. You are solely responsible for all activities that occur under your Account. We have no control over the use of your Account, and we expressly disclaim any liability derived therefrom. If you suspect that any unauthorized party may be using your password or Account, or if you suspect any other breach of security, you must contact us immediately and notify us of the suspected breach. You accept full responsibility for any losses, costs, damages, or expenses that result from any unreasonable delay in notifying us of a suspected breach.
16. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement can be reached as follows:Arttoia Corporation
Attn: Copyright Manager
P.O. Box 62377
Irvine, CA 92602
Phone: +1 800-606-5202
17. Counter-Notification. If you disagree that your content is an infringement of another’s work, you may elect to send us a counter notice. To be effective your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see Section 512(g)(3) of the Copyright Act for the DMCA laws) To expedite our ability to process your request, please use the following format:
(a) A physical or electronic signature of the subscriber;
(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
(c) A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(d) The subscriber's name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
18. Misrepresentations in DMCA Notices. Please note that under the DMCA, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms. Before sending either a copyright infringement notification or counter-notification, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The notice requirements in this Agreement are intended to comply with our rights and obligations under the DMCA and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the DMCA.
19. Dispute Resolution. In the unlikely event there is a dispute between you and Arttoia, you agree to contact us first and attempt to resolve the dispute informally in the following manner:
(a) Send us notice of the issue via email to email@example.com as soon as the issue arises; and
(b) Attempt to resolve any dispute by negotiating with us in good faith.
If the dispute cannot be resolved amicably within thirty (30) days from the date on which you provided notice pursuant to subsection (a), it shall be submitted to binding arbitration in Orange County, California. The arbitration shall be conducted by the American Arbitration Association (AAA), or any other established ADR provider mutually agreed upon by you and Arttoia. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with the arbitrator’s rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.20. Applicable Law. This Agreement will be governed by the laws of the State of California, without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Orange County, California.
21. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
22. Waiver. The failure of Arttoia to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Arttoia must be in writing and signed by an authorized representative of Arttoia.
23. Modification and Termination of the Website. Arttoia reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website or any service provided by the website (or any part thereof) with or without notice. You agree that Arttoia will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
24. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
25. Electronic Communication. When you use the Site, Service, or send emails to Arttoia, you are communicating with Arttoia electronically. You consent to receive communications electronically from Arttoia for all purposes. Arttoia will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.
26. Third-Party Links. The Site, Service, or third parties may provide links to other websites or resources. Because Arttoia has no control over such sites and resources, you acknowledge and agree that Arttoia is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You further acknowledge and agree that Arttoia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such website or resource.
27. Force Majeure. We shall be excused from performance under the TOS, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from: (a) weather conditions or other elements of nature or acts of God, (b) acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion, or (c) other causes beyond our reasonable control. In the event we are temporarily unable to deliver to you a purchased item because of such an event, we will give you the option of either (a) deferring the delivery of your item, if the item is available; or (b) cancelling your order and issuing a refund.
P.O. Box 62377
Irvine, CA 92602