General Site Terms of Use

6.4 Donations

Artists using the Services may endorse a political or charitable cause, and/or pledge to donate a portion of the funds they receive from confirmed bookings made via the Services to a particular cause or charity. You hereby acknowledge and agree that we do not take any responsibility or liability for whether the artist does in fact make the donation pledged. In such cases, the artist in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

The choice of any cause or charity by an artist does not reflect ArtSmiley’s  Biz Services policies or imply any endorsement of such cause or charity by ArtSmiley Biz. 

6.5 Links 

If you link to the Services, ArtSmiley Biz Services may revoke your right to so link at any time, at ArtSmiley’s Biz Services sole discretion. ArtSmiley Biz Services reserves the right to require prior written consent before linking to the Services.

The Services may contain links to third-party websites or resources. You acknowledge and agree that ArtSmiley Biz Services is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ArtSmiley  Biz Services of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources. You will be responsible for adhering to any relevant terms of use or equivalent.

6.6 Company’s Right to Monitor 

ArtSmiley Biz has no obligation and assumes no responsibility for monitoring the Services or User Content for inappropriate content or conduct of its users. However, ArtSmiley Biz reserves the right to monitor, block or remove User Content (including disabling access to User Content that you have downloaded through the Services) for any or no reason without notice to you. If ArtSmiley Biz chooses, in its sole discretion, to monitor the Services, ArtSmiley Biz assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content and no responsibility for the conduct of the user submitting any such User Content.

6.7 Company’s Right to Remove Content

ArtSmiley Biz Services reserves the right to remove any User Content from the Services at any time, for any reason or no reason at its sole discretion.

6.8 No Endorsement

You acknowledge that ArtSmiley Biz Services does not endorse or guarantee any User Content and you may not state or imply any such endorsement or guarantee.

ArtSmiley’s Biz INTELLECTUAL PROPERTY AND LIMITED LICENSES

The technology and the software underlying our Services is the exclusive property of ArtSmiley Biz Services and its licensors. Subject to your compliance with this Agreement, ArtSmiley Biz Services grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and make personal and commercial use of the Services, and any software underlying our Services solely to use the Services, as provided by ArtSmiley Biz Services in accordance with this Agreement. This license does not include any resale or commercial use of the Services or any Content. You shall not copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Services. You agree not to use modified versions of any software underlying our Service, including without limitation, for the purpose of obtaining unauthorized access to our sites or applications. You may not use any of our Services for any illegal purpose. All rights in the product names, company names, trade names, logos, service marks, trade dress, slogans, product packaging, and designs of ArtSmiley Biz Services, its licensors, affiliates, or third-party products or services, whether or not appearing with a trademark symbol, belong exclusively to ArtSmiley Biz Services or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of ArtSmiley Biz Services, its licensors, affiliates, or any third party.

YOUR REPRESENTATIONS AND WARRANTIES

You warrant, represent and covenant that you will not use the Services or contribute any User Content (including, without limitation, anything in connection with your blog(s)) in a manner that (i) infringes or violates the intellectual property rights or proprietary rights, or rights of publicity or privacy, or other rights of any third party; (ii) violates any law, statute, rule, ordinance or regulation; (iii) violates any other agreement you have with, or any obligations to, any third party; (iv) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, contrary to the laws of any  applicable jurisdiction or any other applicable jurisdiction, or otherwise objectionable; (v) misrepresents the source or identity of any content; (vi) involves commercial activities and/or sales without ArtSmiley’s Biz prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vii) uploads, installs, constitutes, or embeds malware, virus, worms, Trojan horses, or other harmful content or code; or (viii) impersonates, or falsely indicates an affiliation with, any person or entity, including, without limitation, any employee or representative of ArtSmiley Biz.

RESTRICTIONS AND OTHER PROHIBITED ACTIVITIES

You shall not (i) conduct any fraudulent, abusive, or otherwise illegal activity; (ii) post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any ArtSmiley Biz Services user; (iii) use the Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; (iv) engage in any kind of illegal activity; (v) run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure; (vi) use the manual or automated software, devices, or other processes to “crawl” or “spider” any page or content of the Services; (vii) decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services; (viii) remove, obscure, or alter any notices or links (e.g., links to ArtSmiley’s Biz Services Privacy Policy and Terms of Use) on the Services or any of the features or tools or other services; (ix) access, display, distribute or otherwise exploit any content through any technology or means. Any violation of the above may be grounds for termination of your right to access or use the Services. ArtSmiley  Biz Services reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any use that ArtSmiley  Biz Services deems in its sole discretion to be an illegal or unauthorized use of the Services. ArtSmiley Biz will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person(s) who violate the terms of this Agreement.

YOUR OTHER OBLIGATIONS

You are responsible for all of your activity in connection with the Services. You shall be responsible for (i) obtaining and maintaining any equipment or ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service; (ii) ensuring that such equipment or ancillary services are compatible with the Services; (iii) taking all precautions necessary and/or reasonable to protect yourself, your computer systems and other property from viruses, worms, Trojan horses, and other harmful content and code. You are responsible for withholding, filing, and reporting all taxes duties and other governmental assessments associated with your activity in connection with the use of the Services.

DISCLAIMER OF WARRANTIES

UNLESS OTHERWISE STATED EXPRESSLY IN THIS AGREEMENT THE SERVICES, CONTENT, AND PRODUCTS PURCHASED OR OTHERWISE OBTAINED THROUGH THE WEBSITE, APPLICATIONS AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, THE AVAILABILITY OR QUALITY OF ANY PRODUCTS AVAILABLE VIA THE SERVICES, OR THAT ACCESS TO OR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. Without limiting the generality of the foregoing, ArtSmiley Biz Services makes no representations or warranties regarding the accuracy of descriptions displayed anywhere on the Services, or regarding suggestions or recommendations of services or products offered or purchased through the Services (including, without limitation, the actual size, quality, color, texture, or results of use of such products or services). ArtSmiley Biz Services displays suggested retail prices for products offered on the Services based on pricing information provided by artists, and we make no promises about the reliability or accuracy of any such information listed on the Services. Products purchased (whether or not following such recommendations and suggestions) are provided “AS IS” without any warranty of any kind from ArtSmiley  Biz Services or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. ArtSmiley Biz  Biz Services makes no representations concerning any Content contained in or accessed through the Services, and ArtSmiley Biz Services will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. Under no circumstances will ArtSmiley Biz Services be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services. ArtSmiley Biz Services has no special relationship with or fiduciary duty to you. You acknowledge that ArtSmiley Biz Services has no control over, and no duty to take any action regarding: which users gain access to the Services; what Content you access via the Services (including, without limitation, viruses, malware, harmful code and user generated content); what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

PRIVACY

For information regarding ArtSmiley’s Biz Services treatment of personal information, please review our current Privacy Policy at https:/artsmileybiz.com/privacy-policy which is hereby incorporated into this Agreement by reference; any use of our Services constitutes your acceptance and agreement to be bound by our Privacy Policy.

EXPORT CONTROL AND RESTRICTED COUNTRIES

You may not use, export, re-export, import, or transfer the Services except as authorized by United States law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, the Services may not be exported or re-exported: (a) into any United States or United Nations embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Services, you represent and warrant that (i) neither you nor your listed Accommodation is located in a country that is subject to a U.S. or United Nations embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. We do not permit Listings associated with certain countries due to U.S. embargo restrictions.

ELECTRONIC COMMUNICATIONS

When you use our Services, or send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. Such electronic communications may consist of e-mail, notices posted on our Services, “push” mobile notification, and other communications. You agree that all agreements, notices, disclosures, and other communications we send to you electronically will satisfy any requirement that such communication be in writing and, to the extent intended, such communication will be an enforceable and binding term or amendment to this Agreement.

INDEMNITY

You agree to indemnify and hold ArtSmiley Biz, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) made by any third party due to or arising out of your access to the Services, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL ArtSmiley  Biz Services OR ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE FEES PAID BY YOU OR TO YOU; (II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (IV) THE USE OR INABILITY TO USE THE SERVICES; (V) UNATUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA BY ANY PARTY; (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (VII) YOUR USER CONTENT OR (IV) ANY MATTER RELATING TO THE SERVICES. 

PAYMENT AND TAXES

ArtSmiley Biz Services reserves the right to require payment of fees for certain services on the Services. You shall pay all applicable fees, as described on the Services in connection with such services selected by you. ArtSmiley Biz Services reserves the right to change its price list and to institute new charges at any time, without notice. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges. To the fullest extent allowed by applicable law, all fees paid hereunder are non-refundable unless otherwise permitted by this Agreement. 

All fees are stated in AED and all payments to and from ArtSmiley Biz will be made in AED. ArtSmiley  Biz Services may, in its sole discretion, round up or round down amounts that are payable from or to artists to the nearest whole functional base unit to the nearest AED; for example, ArtSmiley  Biz Services will round up an amount of  AED101.50 to AED102.00, and round down an amount of AED 101.49 to AED 101.00. ArtSmiley Biz assumes no responsibility or liability for any currency fluctuation or inaccuracy of currency rates.

All prices, commissions, fees and other amounts referred to in these Terms, including any prices, commissions and fees set forth on the Services, are stated in AED and do not include any sales, use, value added (“VAT”), goods and services (“GST”) or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder.

INTERACTION WITH THIRD PARTIES

The Services may contain links to third party websites that are not owned or controlled by ArtSmiley Biz Services, or that may be accessible by logging in through a third party website, as described more fully in our Privacy Policy. You hereby represent and warrant that you have read and agree to be bound by all applicable policies of any third party website relating to your use of the Services and that you will act in accordance with those policies, in addition to your obligations under this Agreement. ArtSmiley Biz Services has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third party websites. In addition, ArtSmiley Biz Services will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless ArtSmiley Biz Services and its affiliates from any and all liability arising from your use of any third party website. Your interactions with organizations and/or individuals found on or through the Services (including without limitation any artists), including payment and delivery of goods, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction or personal interaction with any of these third parties. You agree that ArtSmiley Biz Services shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that ArtSmiley  Biz Services is under no obligation to become involved.

RELEASE OF CLAIMS

You hereby release ArtSmiley Biz Services, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of (i) having acquired or not acquired any Content through the Services.

MODIFICATION AND TERMINATION OF SERVICES

ArtSmiley Biz Services reserves the right to modify, discontinue, terminate or suspend the Services without prior notice. This Agreement shall remain in full force and effect while you use any part of the Services. You may terminate your use of the Services or your membership at any time by following the instructions on the Services. ArtSmiley Biz Services may terminate or suspend your access to the Services (and/or any feature thereof) or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to access and use the Services and any Content will immediately cease. 

If ArtSmiley Biz Services believes that, in your use of the Services, you may have: (i) created a fake account; (ii) engaged in disruptive, harassing, circumventive or abusive behavior; or (iii) otherwise breached these Terms of Use, ArtSmiley  Biz Services shall be entitled to suspend access to any funds that may be owed to you by ArtSmiley Biz Services or any third party via the Services pending the outcome of applicable investigation procedures.

WAIVER AND SEVERABILITY

The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ArtSmiley  Biz Services shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ArtSmiley’s Biz Services reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

ENTIRE AGREEMENT

You and ArtSmiley Biz Services agree that this Agreement (including any terms or policies expressly incorporated herein) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein.

NO AGENCY; NO ASSIGNMENT

This Agreement is not assignable, transferable or sublicensable by you except with ArtSmiley’s Biz Services prior written consent. ArtSmiley Biz Services may transfer, assign or delegate this Agreement and its rights and obligations without consent. Headings for each section have been included for your convenience, but such headings do not have any legal meaning, and may not accurately reflect the content of the provisions they precede. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind ArtSmiley Biz Services in any respect whatsoever.

SURVIVAL

All provisions of this Agreement that by their nature are intended to survive performance hereof by you or ArtSmiley Biz Services, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability, shall survive the completion of the performance, cancellation or termination of this Agreement.

GOVERNING LAW AND DISPUTES 

These terms and any dispute or claim arising out of or in connection with them or their subject-matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of UAE. You irrevocably agree to submit to the exclusive jurisdiction of the courts of the Dubai International Financial Centre in relation to all matters arising out of or in connection with these terms, or their subject matter or formation (including non-contractual disputes or claims).

COPYRIGHT DISPUTE POLICY

25.1 ArtSmiley’s Biz Services General Policy

ArtSmiley Biz Services has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) (posted at www.lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of ArtSmiley’s Biz Services Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is ArtSmiley’s  Biz Services policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; (2) notify the content provider, member or user that it has removed or disabled access to the material; and (3) remove and discontinue access by and service to repeat offenders.

25.2 Procedure for Reporting Copyright Infringements 

If you believe that material or content residing on or accessible through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:

A A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed; Identification of works or materials being infringed;

Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that ArtSmiley  Biz Services is capable of finding and verifying its existence;

Contact information about the notifier including address, telephone number and, if available, email address;

A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and

A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

25.3 Procedure to Supply a Counter-Notice to the Designated Agent 

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

A physical or electronic signature of the content provider, member or user;

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 disabled;

A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which ArtSmiley Biz Services is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, ArtSmiley Biz Services may send a copy of the counter-notice to the original complaining party informing that person that ArtSmiley Biz Services may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at ArtSmiley’s  Biz Services discretion.

25.4 Designated Agent to Receive Notification of Claimed Infringement

Please contact ArtSmiley’s Biz Services Designated Agent to Receive Notification of Claimed Infringement at the following address: The Hub2, DTEC, Silicon Oasis, P.O Box number: 342127, Dubai, UAE.

QUESTIONS

If you have any questions or notices of violation of this Agreement, please contact the editor of the website or service in question, or send an email to support@artsmileybiz.com