Terms of Use:

 

 

TERMS OF USE

General

ATTENTION: PLEASE READ THIS STATEMENT CAREFULLY BEFORE USING WWW.ARTPAYROLL.COM (THIS "WEB SITE"). YOUR ACCESS TO AND USE OF THIS WEB SITE IS SUBJECT TO THE FOLLOWING TERMS OF USE AND COPYRIGHT STATEMENT AND ANY AND ALL APPLICABLE LAWS AND REGULATIONS (COLLECTIVELY, 'TERMS OF USE').  YOUR ACCESS TO AND USE OF THIS WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THE TERMS OF USE.

BY PROCEEDING TO USE THIS WEB SITE YOU ARE AGREEING AND CONSENTING TO THE TERMS OF USE AND OTHER POSTED POLICIES ON THE WEB SITE, WHICH HAVE THE SAME FORCE AND EFFECT AS IF YOU HAD PHYSICALLY SIGNED AN AGREEMENT CONTAINING THESE TERMS OF USE.  SHOULD YOU NOT ACCEPT THE TERMS OF USE OR BECOME DISSATISFIED WITH THE TERMS OF USE OR ANY MODIFICATIONS THERETO, DO NOT USE THIS WEB SITE.  YOUR FAILURE TO ADHERE TO THE TERMS OF USE MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE WEB SITE WITHOUT NOTICE.

American Residuals & Talent, Inc., d/b/a Artpayroll ('ART') may, at anytime, terminate your access to the Web Site for any reason.  If you are accessing or using the Web Site as a representative of any company or organization, the Terms of Use shall apply to and bind you individually and the company or organization.  References to 'you: or 'your' shall apply to you individually and to the company or organization and 'we' shall apply to ART. 

Amendment and Modification

ART reserves the right to modify these Terms of Use without notice and at anytime and/or to change or discontinue any aspect or feature of the Web Site, including without limitation, hours of availability of content and adding fees and charges for use of this Web Site.  Any modifications are effective and become a part of the Terms of Use when they are posted.  It is your responsibility to review these Terms of Use prior to each use of the Web Site. 

Copyright

You hereby acknowledge that all of the materials, information, publications, including without limitation, text, software, code, photographs, videos, stills, graphics, music and sound, on this Web Site, including Site Code ('Content') is protected by copyright and other proprietary rights, including without limitation, the compilation of Content, design, organization, graphics, advertising and the 'look and fee' of the Web Site.  'Site Code' means any and all underlying elements of the Web Site, including without limitation, source code, scripts, object code, software and other material contained on the Web-Site. 

 

All content is and shall remain the property of ART or any of its licensors.  No reproduction, modification, transmission (including by way of email, facsimile or other similar electronic means), publication, sale, transfer, upload, download, copy or derivative work creation, distribution, performance, display, any other exploitation or any other use of the property in any media now known or hereafter developed without prior written consent of ART is prohibited.  Such use may be a violation of the intellectual property rights of ART or any of their licensors in the Content of this Site may be made by you without the express written consent of ART.

Modification of the Content or use of the Content in any manner that directly or indirectly suggest an association with ART is strictly prohibited.

All Content is hereby copyrighted by American Residuals & Talent, Inc..

Copyright 2011 American Residuals & Talent, Inc.  All rights reserved. 

Notice of Copyright Infringement

ART respects the rights of all copyright, trademark and intellectual property owners.  To that end, ART has implemented a policy to suspend or terminate the access of and take action against users, subscribers and account holders who violate the rights of copyright, trademark and intellectual property owners.

If you believe that your work has been copied in a manner that constitutes a copyright infringement, or that the Web Site contains links or other references to another on-line location that contains content that infringes your rights, please notify us by contacting our designated agent for notification of claimed infringement: Peter J. Caruso II, Esq., Prince, Lobel, Glovsky & Tye LLP, 100 Cambridge Street Boston, MA 02114. Telephone number: (617) 456-8034. Email: pcarusoii@PrinceLobel.com.

Be sure to include the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512:

1.  A physical or electronic signature of a person authorized on behalf of the owner of an exclusive right that is allegedly infringed;

2.  Identification of the copyrighted work claimed to have been infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

3.  Information reasonably sufficient to permit use to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party can be contacted;

4.  A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

5. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

After receiving notification of an alleged copyright infringement, ART will remove or disable access to such material pending further review. ART reserves the right to remove posted materials and to terminate a party's access to this Web Site due to copyright infringement(s).

NOTE:  Only copyright complaints should be sent to the agent.  No other communications will be accepted or responded to by the agent.

Trademark

ART or its licensors, may have additional trademark rights in other marks contained in the Content, other than the Trademarks identified herein.  All trademarks and servicemarks are either the property of ART or third party licensors.

Nothing contained in the Web Site grants any express or implied right to use any of the Trademarks or the trademarks of third party licensors without the prior written consent of ART or any of their licensors.  Any and all goodwill generated by the trademarks will inure to the benefit of ART.

The trademarks, logos, and service marks (collectively, the 'Trademarks') displayed on the Web Site, including, but not limited to, 'ARTpayroll,' and 'American Residuals & Talent' are registered and unregistered Trademarks of ART and others. You may not use the Trademarks without the written permission of ART.

You may not use any of ART's proprietary logos, marks, or other distinctive graphics, video, or audio material in your links. You may not link in any manner reasonably likely to (i) imply affiliation with or endorsement or sponsorship by ART; (ii) cause confusion, mistake, or deception; (iii) dilute ART's trademarks, service marks or trade names; or (iv) otherwise violate applicable law.

Restrictions on Use

Everything you see or read on the Web Site is the property of ART or duly licensed to ART by a third party.  This property and material is protected by copyright and trademark laws, and may not be used except as provided in the Terms of Use without the written consent of ART.

ART maintains copyright protection in, or has obtained a license to use, all Content on this Web Site. You may not copy, distribute, republish, cache, link, modify, transmit, or in any way use the content of the Web Site for public or commercial purposes without ART's written permission. This includes the Web Site's text, images, audio, and video.

In consideration of this consent, you agree that copies of the Web Site Content will retain all copyright and other proprietary notices and that you will not modify the Web Site Content in any way.

Images of people or places displayed on the Web Site are either the property of, or used with permission by ART. The use of these images by you, or anyone else authorized by you, is strictly prohibited unless specifically permitted by these Terms of Use or specific written permission is provided by ART.

Any software that is available for download from this Web Site is the copyrighted property of ART and/or its supplies. Any use or reproduction of any such software and warranties as to such software, if any, are governed by the terms of the license agreement applicable to that software. Any use of any other product or service and warranties as to such product or service purchased by you using, or in connection with, this Web Site, if any, is governed by the terms of the agreement applicable to that product or service

Prohibited Conduct

It is a condition of your use of this Web Site that you do not:

A. post or transmit any fraudulent, unlawful, threatening, abusive, libelous, defamatory, scandalous, inflammatory, obscene, racist, vulgar, pornographic, hateful, profane, criminal or offensive material of any kind, including any material that would violate any local, state, national or international law or give rise to any civil or criminal liability;

B. post or transmit any material that violates or infringes the rights of others, including material that is an invasion of privacy or publicity rights or that infringes on any intellectual property or contractual right;

D. post or transmit any material containing software viruses or similar disabling devices; or

E. post or transmit any unsolicited advertising, material that is junk mail, encrypted or invades a person's privacy, or encourages any conduct that would constitute a criminal offense or give rise to any civil liability or that violates any local, state, federal, national or international law or regulation.

F.  disrupt, overwhelm, overload, attack, modify impair the operation of or interfere with the Web Site or its associated software, hardware and/or servers in any manner, and you agree not to impede or interfere with the use of the Web Site by other persons nor alter or tamper with any content or information associated with the Web Site.

G. violate confidentiality of restricted information or reveal any trade secret information that you have either explicitly or implicitly agreed to keep confidential. Certain restricted product information is available on this Web Site only to registered and licensed customers of ART. This restricted information is considered confidential and proprietary information of ART. If you are a registered customer or a representative of a registered customer, ART authorizes you to download, copy, distribute and use the restricted information for yourself or, if applicable, only within the customer organization, and only for the intended purposes authorized by ART. Issuance of a registration password is conditioned on the customer's use of the information in accordance with the terms of their license, product or service agreement with ART. You shall not transfer your password to unauthorized parties. You will immediately notify ART of any unauthorized use of your password. You are responsible for use of your password. You will not attempt to gain unauthorized access to any Web Site or area within this Web Site.

H.  infringe or violate the copyrights, trademarks, patents, trade secrets or other intellectual property/proprietary rights of ART or any third party;

I.  impersonate or claim the identity or characteristics of any person or entity, falsely claim an affiliation with any person or third party or submit false, misleading or inaccurate information pertaining to your identity;

On-Line Accounts

On-Line Account services may be made available through this Web Site ('On-Line Account').  If you decide to establish and access an On-Line Account such account may allow you to access information which may include, your name, address, SSN, checks, W-2 information, and other personally identifiable information electronically. This documentation and/or other information may be retrieved as a result of your electronic access of, but not limited to:

• Access to forms, statement, or disclosures
• Access to employee information as maintained by Site Owners
• Access to copies of checks

 

Additionally, certain documentation and/or information may be sent to the electronic email address you designate and may include, but are not limited to:

 

• Password information
• Confirmations of certain transactions
• Items you have opted to receive from this site

Should you elect to create an On-Line Account, you hereby agree to pay all fees and charges associated therewith.  ART may change the amount of fees and charges (if any) for any On-Line Account in its sole discretion upon thirty (30) day prior written notice to You.  Any such changes will be on a prospective basis only.  Should you not wish to agree to any such changes, your sole remedy will be to terminate your On-Line Account.

As a part of the On-Line Account you will select a password and user name.  You are solely responsible for the confidentiality of your user name and password.  You should not share your user Name or password with any person or entity.  Should you believe that the security of your user Name and/or password has been compromised or is no longer secure, you agree to immediately notify ART.

You are solely responsible for providing access to the Web Site and On-Line Account, including providing your own Internet access, software, modems and related connectivity hardware or software.

 

Your use and access to this Web Site is also subject to its Privacy Policy. Consent to Do Business Electronically Disclosures, forms, statements, confirmations and any notices, instructions, agreements, or any other communications regarding your account (referred to collectively as the 'Communications') may be presented, delivered, stored, retrieved, and transmitted electronically. Your consent to do business electronically and on-line transactions will be executed using electronic records and electronic signatures. The decision whether to do business electronically is yours, and you should consider whether you have the necessary hardware and software capabilities in order to do so. In order to access and retain the Communications electronically, minimum computer hardware and software must be met.Please check (view the minimum requirements) via the Technical Requirements here. You should be sure that you can comply with these minimum requirements before you consent to do business electronically.

 

When you select the 'I Agree' button on the On-Line Account Registration Webpage, you acknowledge that you have the capability to access the Communications, you consent to having all the Communications provided or made available to you in electronic form, and you consent to executing the Agreement and Transactions by electronic record and/or electronic signature.

 

Scope of Consent: Your consent to do business electronically, and our agreement to do so, only applies to your employee record held by and payments made by Web Site Owners. At this time, your consent to do business electronically applies to the Communications and Transactions as described in this consent, to Conduct Business Electronically.

 

Withdrawal of Consent to Do Business Electronically: If at any time you would like to cease doing business electronically with the Web Site Owners, you have the right to withdraw your consent, and you only need to stop visiting the site. Only those transactions you initialed electronically will be processed. However, if you withdraw such consent, any Communications or transactions received or process prior to our receipt of your withdrawal of consent will be valid and binding on all parties.

 

Changes to Your Contact Information: You should keep the Web Site Owner informed of any change in your electronic mailing address or other contact information. If you fail to inform the Web Site Owners of any changes, Web Site Owners cannot be liable for information sent to an incorrect address or inaccurate information. Any changes will require two (2) business days to be processed

ART may terminate your On-Line Account at any time for any reason.

Hyperlinks

For your convenience and information, we may post hyperlinks on the Web Site to other sites on the World Wide Web maintained by third parties. These hyperlinks do not indicate ART's endorsement or sponsorship of, or our affiliation with, such sites, and neither ART has control over, nor is responsible for, such content.  We advise you to educate yourself about the privacy policy and terms of use of any web-site that you visit.

Other sites may link to this Web Site only through a plain-text link. We reserve the right to require termination of any link any to this Web Site, at our discretion at any time.

Please remember that the use of any software downloaded from the Internet may be governed by a license agreement and your failure to observe the terms of such license agreement may result in an infringement of intellectual property rights of the relevant software provider which we are not in any way responsible.

Please be mindful that when you click on a link and leave our website you will be subject to the terms of use and privacy policies of the other website that you are going to visit.

You assume complete responsibility in your use of any external site. You should direct any concerns regarding any external link to its site administrator or webmaster.

Your interactions with organizations and/or individuals found on or through the Web Site, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

Disclaimers of Warranties and Limitations of Liability

ART AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, AND INDEPENDENT CONTRACTORS (COLLECTIVELY 'ART PARTIES') MAKE NO REPRESENTATIONS, EITHER EXPRESSLY OR BY IMPLICATION, REGARDING THE INFORMATION, PRODUCTS, SERVICES, AND MATERIAL PROVIDED ON THIS WEB SITE, OR ANY INFORMATION, PRODUCTS, OR SERVICES THAT ARE AVAILABLE, ADVERTISED, OR SOLD THROUGH THIS WEB SITE. THIS WEB SITE AND ALL INFORMATION, PRODUCTS, SERVICES, AND LINKS TO OTHER WEB SITES ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RELIABILITY, ACCURACY, TITLE OR INFRINGEMENT, OR ANY OTHER TYPE OF WARRANTY, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM.   IN NO EVENT SHALL THE ART PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR CONNECTED IN ANY WAY WITH THE USE OF, OR INABILITY TO USE, ANY MATERIAL ON THIS WEB SITE EVEN IF THE ART PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER THE ART PARTIES MAKE NO WARRANTIES AS TO UNINTERRUPTED SERVICE, OR ERROR FREE SERVICE, LOSS OF TRANSMITTED INFORMATION, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES WILL BE FREE FROM SECIRITY BREACHES OR THAT NO VIRUSES OR HARMFUL COMPONENTS WILL BE TRANSMITTED ON THE SITE.

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, DATE DATA PROCESSING FAILURES, COMPUTER VIRUS, MECHANICAL FAILURES, COMMUNICATION LINE FAILURE, WEATHER, WALKOUTS, FIRE, ACTS OF GOD, RIOTS, ARMED CONFLICTS, ACTS OF WAR, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION.

YOU USE THIS SITE AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE, FOR ANY DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR USE OF THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.  ART MAKES NO WARRANTIES AS TO THE RESULTS OF THE USE OF THE WEB SITE BY YOU.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.  HOWEVER, IN ALL EVENTS, ART'S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE ART PARTIES DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE WEB SITE.

THE ART PARTIES MAKE NO REPRESENTATIONS OR PROMISES TO DEVELOP, PROVIDE OR MARKET ANY SOFTWARE, SERVICE OR PRODUCT DISCUSSED ON THIS WEB SITE, AND YOU SHALL NOT RELY ON THE INFORMATION PROVIDED OR THE PROSPECT OF AVAILABILITY OF ANY SOFTWARE, SERVICE OR PRODUCT CURRENTLY IN DEVELOPMENT OR CURRENTLY ANTICIPATED TO BE MADE AVAILABLE IN THE FUTURE.

IN NO EVENT WILL ANY MEMBER OF THE ART PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, NEGLIGENCE, LOST REVENUE OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THIS WEB SITE OR ANY SITE LINKED TO THE WEB SITE. WITHOUT LIMITING THE FOREGOING, NO MEMBER OF THE ART PARTIES SHALL BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM THE USE OF THIS WEB SITE OR ANY WEB SITE INFORMATION, INCLUDING WITHOUT LIMITATION THE SITE CODE OR ANY OTHER INTERACTION WITH THE WEB-SITE WHETHER ARISING UNDER CONTRACT, NEGLIGENCE, TORT OR ANY OTHER LAW OR CAUSE OF ACTION.

 

Indemnification

You hereby agree to indemnify and hold harmless the ART Parties  its affiliates and their respective directors, officers, employees, agents and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through the Web Site, from your breach of these Terms of Use, or from any acts through your use of and access to the Web Site.

Export and Trade Controls

You agree not to import, export, re-export, or transfer, directly or indirectly, any part of this Web Site or any Web Site Content provided on or pursuant to this Web Site except in full compliance with all United States, foreign and other applicable laws and regulations.

Submissions

ART does not accept or consider unsolicited submissions of any kind from outside parties.  Therefore, please do not send unsolicited creative material, creative suggestions, ideas, drawings, notes, concepts or other information or materials ('Submissions') to ART via the Web Site or otherwise. 

Should you ignore this request, a Submission that you submit to ART (by any means) will be treated as non-confidential and non-proprietary and may be used by ART and its affiliates, without compensation, for any purpose whatsoever, including without limitation the development and/or provision of products and services except that all personal data submitted to this Web Site will be used by ART in accordance with its Privacy policy.

By providing a submission you hereby grant to ART, or warrant that you have the right of the owner of the Submission to grant to ART a worldwide, non-exclusive perpetual, irrevocable, royalty-free right and license, throughout the universe, in whole or in part, to reproduce, modify, distribute, adapt, publish, publicly perform, display, download, prepare derivative works , and incorporate in other works in any media now known or hereafter developed for any purpose whatsoever, including without limitation, internal use, public, commercial use or otherwise.  You hereby waive any and all so-called 'moral rights' (droit moral) in the Submission which are now or may hereafter be recognized by custom, usage, or law.  You further waive any and all rights to make any claim against ART in connection with the Submission, including without limitation, actions for breach of contract (explicit or implied), breach of confidentiality or trade secret, intellectual property infringement, unfair competition

Termination

ART may terminate this Agreement and/or access to the Web-Site and Web-Site services at any time, for any reason, with or without notice to you.  You agree that ART shall not be liable to you or any third party for the termination of this Agreement and/or access to the Web-Site.

Privacy Policy

ART is committed to protecting your privacy and security. We have explained in detail the steps we take to do so. We urge you to read our Privacy Policy.

Legal Disclaimer

The Contents of this Web Site contain information regarding  for the convenience the Web Site users and other interested users.  ART endeavors to maintain the Content of the Web Site in an accurate and up to date fashion, however, ART makes no guarantee nor any warranty is made as to the accuracy of the Content.  All content is subject to change.

The Content is not offered for nor should be construed as advice, including but not limited to investment or legal advice, or a substitute for consultation with legal counsel or investment professionals for specific advice.

Miscellaneous

These Terms of Use will be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to the any principles of conflicts of law rules. You agree that any litigation that arises out of or related to these Terms of Use will be filed only in the state or federal courts located in New Hampshire, and you hereby consent and submit to the personal jurisdiction of such court for the purposes of litigation. If any provision of these Terms of Use are found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining Terms of Use, and will not affect the validity and enforceability of the remaining provisions.