ABOUT MY ART SPACE

MyArtSpace is a social networking service for artist and photographers that allows members to create unique personal profiles online, upload and organize their creative photographs and art works, and communicate with others in the art community globally. The services offered by MyArtSpace.com, known as the "MyArtSpace Standard Subscription" (MSS) is provided by CatMacArt Corporation, a US Corporation based in the State of New York. MyArtSpace is hosted by servers based in the State of California.

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the MSS. By using the MSS, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the MyArtSpace Website) or you are a "Member" (which means that you have registered with MyArtSpace.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the MSS (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the MyArtSpace Website and discontinue use of the MyArtSpace Services immediately. If you wish to become a Member, communicate with other Members, and enjoy the services available to members, you must read this Agreement and indicate your acceptance during the Registration process.

CatMacArt Corporation provides Users with the a free online community service, MSS pursuant to the terms set forth below (the "ToS"). CatMacArt Corporation may change the ToS at any time, with or without prior notification. You may also be subject to additional terms and conditions that may apply when you use or purchase affiliate or third-party services, such as web and domain hosting services.

1. REGISTRATION DATA

You agree to provide CatMacArt Corporation with complete and accurate registration information as prompted and to update this information as required to keep it current. You agree to remain solely responsible for all such information including your choice of username, should it be considered an infringement on the copyright and/or trademark rights of any company, organization or individual.

2. SUBSCRIBER CONDUCT

You are solely responsible for the content you upload or download through MSS, and acknowledge that it acts as a passive conduit for the transmission of your data. You warrant that you will not:

send unsolicited email directed to people not personally known to you, including but not limited to junk mail, chain letters, or other unsolicited bulk email, commercial or otherwise;
transmit or post content on/from this site that is unlawful, harmful, abusive, threatening, defamatory, invasive, vulgar, obscene, or that contains viruses or other similar harmful programming;
impersonate any person or entity, including, but not limited to, a CatMacArt Corporation official, representative, or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
engage in attempts of fraud or forgery, including, but not limited to, the use of fraudulent credit cards or other falsified means of payment, forging message headers, or manipulating identifiers in order to alter or disguise the origin of any transmitted content;
interfere with or disrupt MSS or servers or networks connected to it;
infringe on any third party's intellectual property rights or proprietary rights, or rights of publicity or privacy.
You will obey any requirements, procedures, policies or regulations of MSS or connected services, and observe and comply with any usage restriction set forth by administrators on this or appurtenant web sites, with regards to content, storage space, traffic, bandwidth, and other conditions.
At the sole discretion of the management of myartspace.com and Catmacart Corporation a member's account can be removed or suspended should they be deemed in violation of the terms of service. myartspace is a community with standards that must be adhered to and posting objectionable content is considered a violation of those terms.

3. PRIVACY

Account information, registration data and certain other information about you is subject to our Privacy Policy.

4. RULES RELATING TO MINORS

If you are under the age of 16 you may not subscribe to MSS unless you obtain your parent's consent.

5. PERSONAL USE

Your right to use MSS is personal to you. You agree not to resell MSS. Please guard your account password, as you are liable for all uses of your account, including any unauthorized use.

6. INDEMNIFICATION

You will indemnify and hold harmless CatMacArt Corporation, their employees, directors, officers, agents, and their successors and assigns from any damages and expenses relating to the use of your account.

7. DISCLAIMER OF WARRANTIES

You use MSS at your sole risk. MSS is provided on an "as is" and "as available" basis. CatMacArt Corporation expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

CatMacArt Corporation does not make any warranty that MSS will meet your requirements, or that the services will be uninterrupted, timely, secure, or error-free; nor does CatMacArt Corporation make any warranty that the results that you may obtain through MSS meet your needs or that they will correct any software defects. CatMacArt Corporation does not make any warranty regarding any goods or services purchased or obtained, or any transactions entered into through MSS.

Any material and/or data you download or otherwise obtain through MSS comes at your own discretion and risk. You will be solely responsible for any damage to your computer systems or loss of data. No advice or information, whether oral or written, which you obtain from CatMacArt Corporation or through MSS will create any warranty not expressly stated in the ToS.

8. LIMITATION OF LIABILITY

IN NO EVENT SHALL CATMACART CORPORATION OR MYARTPACE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF MYARTSPACE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MYARTSPACE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MYARTSPACE.COM FOR THE MYSPACE SERVICES DURING THE TERM OF MEMBERSHIP.

9. PROPRIETARY RIGHTS

Content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material presented to you by CatMacArt Corporation may be protected by copyrights, trademarks, or other intellectual property rights and laws. You may use this material only as expressly authorized by CatMacArt Corporation, and may not copy, transmit, or create derivative works of such content or information without express written authorization.

CatMacArt Corporation does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the MSS. After posting your Content to the MSS, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing ("posting") any Content on or through the MSS, you hereby grant to CatMacArt Corporation a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the MSS Services and related promotional activity.

10. TERMINATION

Failure to comply with the ToS may result in the termination of your account, with or without notice. This is at the sole discretion of the management of myartspace.com and CatMacArt Corporation.

11. MODIFICATIONS

CatMacArt Corporation may at any time augment or enhance the current service with new features, with or without prior notification.

12. MISCELLANEOUS

The ToS is governed by the laws of the United States of America, the State of New York. If any provision of the ToS is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. CatMacArt Corporation' failure to act with respect to a breach of the ToS by you or others does not waive CatMacArt Corporation' right to act with respect to subsequent or similar breaches. The ToS sets forth the entire agreement between you and CatMacArt Corporation, and supercedes any prior agreements pertaining to the subject matter contained herein.

13. VIOLATIONS

Please report any violations of the To support@catmacart.com.