Terms & Conditions
Terms of Use
The plain-language short version: be respectful, respect what belongs to others, and understand that this site is offered as-is. The full terms are below.
This is a binding agreement between you and Art Inconnu. By using this site, you agree to abide by these Terms of Use. If at any time you find them unacceptable, you must immediately leave the site and cease all use of it.
At a glance
- You must be at least 18 to use this site.
- These Terms are governed by the laws of California and the United States.
- The site is offered "as is," with no warranties of any kind.
- Anything you post here, you must have the right to post.
- We may amend these Terms; material changes get 15 days' email notice.
The Basics
1. Binding Effect. This is a binding agreement between you and Art Inconnu ("us", "we", "the Company"). By using this site, you agree to abide by these Terms of Use. If at any time you find these Terms of Use unacceptable, you must immediately leave the site and cease all use of it.
2. Privacy Policy. We respect your privacy and permit you to control the treatment of your personal information. A complete statement of our current privacy policy can be found on our Privacy page, which is expressly incorporated into this agreement by this reference.
3. Governing Law. These Terms of Use shall be construed in accordance with, and governed by, the laws of California and the United States, without reference to rules regarding conflicts of law. This site is intended for use by individuals based in the United States of America.
4. Minimum Age. You must be at least 18 years old to access and participate in this site. You guarantee and warrant that you are at least 18 years old and able to enter into this agreement from a legal perspective.
Communications From Us
5. eBook Signups and Mailings. You have the option, but not the obligation, to sign up and receive a free eBook from us. Should you do so, you agree to receive further emailings of a commercial nature.
6. Email Communications. When you contact us, you expressly consent and agree to receive email responses from us. These communications may be commercial or non-commercial in nature. Non-commercial emails may include, but are not limited to, administrative matters and announcements of changes to these Terms, the Privacy Policy, or other site documentation.
Content & Conduct
7. Use of Software. We may make certain software available to you from the site. If you download software from the site, that software — including all files, images and accompanying data it contains or generates ("Software") — is licensed to you for your personal, non-commercial, home use only. We do not transfer title or intellectual-property rights to the Software, and retain full and complete title to it, together with all intellectual-property rights therein. You may not sell, redistribute or reproduce the Software, nor decompile, reverse-engineer, disassemble or otherwise convert it to a human-perceivable form. All trademarks and logos are owned by us or our licensors, and you may not copy or use them in any manner.
8. User Content. By posting, downloading, displaying, performing, transmitting or otherwise distributing information or other content ("User Content") to the site, you grant Art Inconnu, its affiliates, officers, directors, employees, consultants, agents and representatives a permanent, non-exclusive licence to use that User Content in connection with the operation of our internet business — including, without limitation, the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat it. You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content. By posting User Content, you warrant that you own the rights to it, or are otherwise authorised to post, distribute, display, perform, transmit or otherwise distribute it.
9. Compliance with Intellectual Property Laws. When accessing the site, you agree to respect the intellectual-property rights of others. Your use of the site is at all times governed by, and subject to, laws regarding copyright ownership and the use of intellectual property. You agree not to upload, download, display, perform, transmit or otherwise distribute any content in violation of any third party's copyrights, trademarks or other intellectual-property or proprietary rights, and you shall be solely responsible for any violation of such laws or infringement of third-party rights caused by content you provide or transmit. The burden of proving that any content does not violate any law or third-party right rests solely with you.
10. Inappropriate Content. You agree not to upload, download, display, perform, transmit or otherwise distribute any content that (a) is libellous, defamatory, obscene, pornographic, abusive or threatening; (b) advocates or encourages conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law or regulation; (c) advertises or otherwise solicits funds, or solicits goods or services; or (d) provides medical advice to other users. We reserve the right to terminate your receipt, transmission or other distribution of any such material, and, where applicable, to delete it from our servers. We intend to cooperate fully with any law-enforcement officials or agencies investigating a violation of these Terms or of any applicable law.
11. Account Responsibility. When accessing the site, you agree to obey the law. You shall be solely responsible for any violation of law or infringement of third-party rights caused by content that is provided or transmitted using your account.
Warranties, Liability & Third Parties
12. No Warranties. We make the site available "as is," without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the site. To the maximum extent permitted by law, we disclaim any and all warranties, express or implied, regarding the site, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the site will meet your requirements or that its operation will be uninterrupted or error-free.
13. Limited Liability. To the maximum extent permitted by law, in no event shall we be liable for damages of any kind — including, but not limited to, special, incidental or consequential damages, lost profits or lost data, regardless of the foreseeability of those damages — arising out of or in connection with your use of the site or any other materials or services we provide to you. This limitation applies regardless of whether the damages arise out of breach of contract, tort, or any other legal theory.
14. Affiliated Sites. We have no control over, and no liability for, any third-party websites or materials. We work with a number of partners whose sites may be linked from ours. Because we have no control over the content and performance of these partner and affiliate sites, we make no guarantees about the accuracy, currency, content or quality of the information they provide, and assume no responsibility for unintended, objectionable, inaccurate, misleading or unlawful content that may reside on them. Unless expressly stated otherwise, these Terms of Use govern your use of any third-party content you access in connection with the site.
Prohibited uses, in short
15. Prohibited Uses. You are prohibited from violating or attempting to violate any security feature of the site, including, without limitation:
- Accessing content or data not intended for you, or logging into a server or account you are not authorised to access.
- Probing, scanning or testing the vulnerability of the site or any associated system or network, or breaching security or authentication measures without authorisation.
- Interfering or attempting to interfere with service to any user, host or network — including by submitting a virus, overloading, "flooding," "spamming," "mail-bombing," "crashing," or mounting a denial-of-service attack.
- Using the site to send unsolicited email, including promotions or advertisements.
- Forging any packet header or part of the header information in any email or posting made through the site.
- Attempting to reverse-engineer, decompile, disassemble, or otherwise reduce to a human-perceivable form any source code we use in providing the site.
Any violation of system or network security may expose you to civil or criminal liability.
Legal Odds & Ends
16. Indemnity. You agree to indemnify, defend and hold harmless Art Inconnu, its affiliates, officers, directors, employees, consultants, agents and representatives from any and all third-party claims, losses, liabilities, damages and costs (including reasonable attorney's fees) arising from your access to or use of the site, your violation of these Terms of Use, or your infringement — or infringement by any other user of your account — of any intellectual-property or other right of any person or entity. We will notify you promptly of any such claim and provide reasonable assistance, at your expense, in defending it.
17. Copyright. All contents of the site are Copyright © Art Inconnu.
18. Severability; Waiver. If a court of competent jurisdiction finds any term of these Terms of Use unenforceable, all other terms will remain in full force and effect. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent or subsequent breach of the same or any other provision, and no waiver is effective unless made in writing and signed by an authorised representative of the waiving party.
19. No License. Nothing on the site should be understood as granting you a licence to use any trademark, service mark or logo owned by us or by any third party.
20. United States Use Only. The site is controlled and operated from the State of California. Its domain is registered, and it is hosted, in the United States, and its intended audience consists of individuals in the United States only. We make no representation that any of its materials or services are available or appropriate for use in other locations. Your use of, or access to, the site should not be construed as our purposefully availing ourselves of the benefits or privileges of doing business in any state or jurisdiction other than California and the United States.
21. Amendments. We reserve the right to amend these Terms. Should we make an amendment we determine, in our sole discretion, to be material, we will provide notice by email at least fifteen days before the change takes effect, and publish notice of the amendment on the home page. All amendments to these Terms are forward-looking.
Questions about any of this? Get in touch — we're glad to explain further.