YOU SHOULD REVIEW THE FOLLOWING TERMS OF USE BEFORE USING THIS WEBSITE. IF YOU DO NOT AGREE TO THE TERMS SET FORTH HEREIN, DO NOT USE THIS WEBSITE.
Welcome to the Professional Artist Client Toolkit (“PACT”), a tool and resource guide designed to assist freelance fantasy, sci-fi, and comic book illustrators in the negotiation and performance of agreements relating to the sale, license, or other use of professional artwork and services. PACT provides its services through its website at www.artpact.com (“the Website”). In order to continue to provide these services, PACT has established the following terms and conditions relating to the use of the Website (“the Terms”).
PACT is intended only as an informational resource, and is in no way intended as a replacement for or provider of specialized legal advice. While we do our best to stay updated and provide specific information tailored to the needs of our users, the Website may contain information that is out-of-date, jurisdiction-specific, or inapplicable to a user’s specific situation. By use of the Website, you hereby agree that such use DOES NOT create an attorney-client relationship between PACT and any user, whether individual or group. If you need legal advice, YOU SHOULD NOT RELY UPON PACT TO PROVIDE IT, AND SHOULD INSTEAD CONSULT AN ATTORNEY LICENSED IN THE APPROPRIATE JURISDICTION. PACT IS NOT AN ATTORNEY AND DOES NOT REPRESENT YOU.
PACT reserves the right to change the Terms of the Website at any time, within PACT’s sole discretion. Continued use of the Website after such changes shall operate as your consent to any updates or changes to the Terms in PACT’s sole discretion. We suggest that you re-visit these Terms periodically to keep yourself abreast of any modifications to the Website Terms.
THIS SITE IS PROVIDED ON AS “AS-IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHERWISE. WITHOUT LIMITATION, PACT HEREBY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF ALL SERVICES ASSOCIATED OR OTHERWISE CONNECTED TO THE USE OF THE WEBSITE. PACT MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT ANY USER’S USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR FREE OF ERROR. THIS DISCLAIMER MAY NOT APPLY TO YOU, DEPENDING ON THE PARTICULAR JURISDICTION IN WHICH YOU RESIDE OR IN WHICH ANY CLAIM MAY ARISE.
TO THE FURTHEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, PACT SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE. BY USE OF THE WEBSITE, YOU EXPRESSLY AGREE THAT ALL SUCH USAGE IS AT YOUR OWN RISK, AND UNDER NO CIRCUMSTANCES SHALL PACT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED LOST PROFITS, INCOME, OR BUSINESS OPPORTUNITY, REGARDLESS OF THE NATURE OF THE CLAIM OR THE FORM OF ACTION, ARISING OUT OF OR CONNECTED TO THE WEBSITE IN ANY WAY, INCLUDING BUT NOT LIMITED TO THE WEBSITE’S OPERATION, CONTENTS, OR THE INFORMATION AND MATERIALS CONTAINED THEREIN, OR THE USE OR INABILITY TO USE ANY OTHER WEBSITE LINKED TO OR FROM THE PACT WEBSITE, ANY CONTENT CONTAINED IN ANY SUCH SITE, OR THESE TERMS OR THE PRIVACY POLICY APPLICABLE TO THIS SITE, EVEN IF PACT AND/OR ITS LICENSORS AND/OR ITS SUPPLIERS HAVE BEEN NOTIFIED OF ANY POTENTIAL DAMAGES.
In order to use the Website, or certain portions thereof, you may be required to complete a registration process and establish an account with PACT (“Account”). In establishing same, you hereby warrant that any information provided by you to PACT is accurate, complete and up-to-date, and that you will hereafter maintain the accuracy and completeness of such information in as prompt a manner as is reasonably possible.
Your status as a registered user of the Website may require the establishment of one or more passwords. By establishing same, you expressly agree that you are fully and solely responsible for securing your passwords and maintaining the confidentiality and security of your account. You further agree that you are fully and solely responsible for any action(s) taken through your account, whether or not you are aware of the action(s). If you become aware of suspicious or unauthorized activity concerning your account, you agree to notify PACT immediately.
PACT maintains a privacy policy which can be found here. This Privacy Policy is incorporated herein by reference and constitutes a part of the Terms.
PACT reserves the right to terminate, alter, or restrict access to any user account, or delete any specific content posted through any user account, with or without notice, for any cause to be determined solely in PACT’s discretion, with no liability to the user.
You expressly agree and understand that all materials posted on the Website are the products of and designed to benefit the PACT community, and that PACT does not necessarily condone or support any views expressed therein, and that PACT assumes no responsibility, whether express or implied, for the accuracy, currentness, or completeness of any such content.
With respect to content linked to or from any part of the Website, you expressly agree and understand that: (1) PACT is not able to review every single material or piece of content available via linking either to or from the Website; (2) any linking to or from the Website does not imply that PACT endorses, condones, or is affiliated with any third-party website; and (3) PACT shall assume or bear no responsibility or liability of any kind, express or implied, as a result of any content or harm caused or alleged to be caused from any third-party website linking to or from the Website.
You expressly agree and understand that you will not engage in any acts which may harm the Website or PACT in any way, including but not limited to the following: (1) Using the Website in contravention of any other contract or agreement then in effect, including but not limited to employment agreements; (2) permitting any other person to access or utilize your account for any purpose; (3) sharing your password and/or login information with any other person; (4) logging on to the Website via another user’s account without appropriate access or permission; (5) misrepresenting your identity or impersonating another person or any entity affiliated therewith; (6) violating or attempting to violate any security measures of the Website; (7) employing any software, whether automated or manual, or any other devices, bots, scripts, or any other means to access any pages contained in the Website; (8) introducing any virus, worm, software, Trojan, or other form of harmful or invasive code into the Website; (9) interfering or attempting to interfere with any other user, host, or network’s access to the Website via the introduction of a virus, denial of service or DDOS attack, overloading, flooding, spamming, mail-bombing, pinging, crashing, or performing any other act consistent with an attempt to interfere with the Website’s operation; (10) using, attempting to use, or permitting the use of any bot or automated service to access or use the Website without the express written consent of PACT; (11) interfering, tampering, or attempting to interfere or tamper with any security measure in place on the Website; (12) circumventing or attempting to circumvent any security or usage rules in place on the Website to protect digital material(s); (13) attempting to gauge, via scan, probe, or otherwise, the vulnerability of the Website, or any associated system or network; (14) attempting to breach in any way any security or authentication measures then in place on the Website for any purpose; (15) performing any other act designed to disrupt or interfere with the operation of the Website; (16) collecting or attempting to collect any email, contact, or other information regarding any user or other person associated with the Website; (17) engaging in an act or attempting to engage in an act of reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for any intellectual property used to provide the Website; (18) engaging or attempting to engage in any framing, mirroring, or other act designed to disguise or simulate any appearance or function of the Website; and (19) forging any TCP/IP packet header, address, or any portion thereof in any way with respect to the Website or any material(s) contained thereupon.
Any violation of system or network security may result in either civil or criminal liability. You expressly agree and understand that it is your responsibility to install appropriate anti-virus and related protections against any computer programming or routine designed to damage, destroy, interfere with, or otherwise impair the functionality of any computer or the Website.
Pursuant to 47 U.S.C. Section 230(d), as amended, you are hereby notified that parental control protections are commercially available that may limit access to material(s) potentially harmful to minors. Pursuant to same, a list of content-control software can be found here: http://en.wikipedia.org/wiki/List_of_parental_control_software.
PACT requires that content submitted to the Website be related to the Description of Purpose set forth in these Terms. Content that, in the sole discretion of PACT, is deemed illegal, inflammatory, obscene, defamatory, threatening, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable is strictly prohibited and subject to immediate removal. For further reference, please refer to any Community and Commenting Guidelines established now or at any time hereafter by PACT, which are incorporated by reference herein. PACT does not and cannot screen or review all contributed content, and reserves the right, at PACT’s sole discretion, to remove, without notice, any content considered inappropriate within these Terms. PACT also reserves the right to suspend or delete any account associated with any such inappropriate content.
A. License to Other Users of Website. Except as otherwise provided in these Terms or as otherwise noted, all content contributed by you to the Website is submitted pursuant to a Creative Commons Attribution Non-Commercial-Share-Alike 3.0 License.
B. License to PACT. The license granted to PACT for all content posted or contributed to the Website shall be pursuant to Section VII(A) of these Terms, except that PACT shall additionally reserve the license rights to copy, distribute, publicly display, reproduce, edit, or otherwise use, in furtherance of educational purposes or purposes consistent with the Description of Purpose set forth in these Terms. The additional reserved rights shall at all times be non-exclusive, royalty-free, perpetual, and worldwide.
By the act of posting content to the Website, you expressly warrant and represent that: (1) you possess all right, title and interest to such content, including but not limited to any required or necessary consent, authorization, release, clearance or license from any third party in order to legally submit or post the content on the Website; (2) any such content is a component of the public domain or that your use of such content constitutes fair use within the laws of any applicable jurisdiction; (3) any such content is does not constitute a violation or infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction; (4) any such content does not constitute a breach of any agreement with any other person or entity; (5) your identity is accurate and authentic and that you have not submitted false, fictitious or inaccurate information about yourself; (6) such content is contains only information that is true and your own work or work you are otherwise authorized to submit; (7) such content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, pornographic, or other material in violation of any applicable law or regulation; (8) you will not knowingly and with intent to defraud provide material and misleading information; and (9) the content submitted does not violation these Terms.
If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Policy.
You acknowledge and agree to indemnify and hold harmless PACT, its affiliates, officers, employees and agents, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of your use of the Website, your violation of these Terms, or the infringement by you or made under your PACT account(s), of any intellectual property or other right of any person or entity.
PACT reserves the right to change, at any time, at PACT’s sole discretion, the Terms under which the Website is offered. You are responsible for regularly reviewing the Terms. Your continued use of the Website constitutes your agreement to all such Terms.
PACT disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Website, or any software provided through the Site. PACT reserves the right to modify, suspend, or discontinue the Website or access to the Website without any notice at any time and without any liability to you.
The Terms apply to use of and contribution to the Website and any account provided therefore. PACT may operate additional projects or services which require separate or additional terms. Such different terms are made available through the individual project or service and are not addressed further herein.
Failure of PACT to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.
These Terms are governed by the laws of the State of Illinois, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts serving Cook County in the State of Illinois in the event of any dispute of any kind arising from or relating to the Website, or your use and review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes are replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
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