Welcome to the ALTPICK.COM internet site (the "Site"). The Alternative Pick, Inc. ("TAP"), owner of the Site provides services to you subject to the following Terms and Conditions of Use ("Terms and Conditions").
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE PROHIBITED FROM USING THE SITE OR ANY OF THE SERVICES.
ALTPICK.COM is a site for buyers to find artists, illustrators, designers, multimedia production companies, musicians, photographers, video directors, animators and other creative persons, and for all types of artists to display samples of their work. The Site offers a wide range of services to its users. To access some of the services you will have to become a Member by completing an online registration form. You agree that all information which you submit ("Membership Information") is true and complete, and that you will update your Membership Information to keep this information true and complete.
The materials and services provided on the Site are for adults only.
All visitors to the Site are subject to basic rules of conduct while using and accessing the services provided on the Site. By using and accessing the Site you agree to:
- Refrain from violating applicable federal, state and international laws;
- Refrain from using the services provided on the Site to send unsolicited e-mails, bulk mail, spam or other materials to users of the Site or any other individual;
- Refrain from using the services provided on the Site to harass, threaten, stalk or abuse users of the Site;
- Refrain from using the services provided on the Site to harm minors;
- Refrain from interfering with others' use of the Site;
- Refrain from using the services provided on the Site to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Site;
- Refrain from using the services to create a false identity or to impersonate another person;
- Refrain from using the services to advertise Internet sites or services which are competitive to this Site.
These rules are only the minimum level of conduct that we expect at the Site. We also ask that you use common sense and be considerate towards other users. We reserve the right to, at our discretion, suspend or terminate your right to use the services provided on the Site, if you violate the aforementioned rules of conduct or engage in other offensive conduct.
As part of your use of the Site, you may upload, post, distribute or disseminate (collectively, "post") samples of your work, images, videos, animation, files, data, information and other content and material (the "Posted Content") on the Site. You hereby grant TAP an irrevocable, nonexclusive, transferable royalty-free worldwide right (including any moral rights) and license to use the Posted Content on the Site and to promote and advertise the Site. In connection with the operation and promotion of the Site, you agree that TAP has the right to copy, cache, modify, publish, display, distribute, translate, create derivative works from, and store the Posted Content, regardless of the medium, technology, or form in which it is used. For example, TAP may use the Posted Content to promote your material and the Site as part of a screen option, demonstration or brochure. You also warrant that if you are not the holder of any such rights, the holder of such rights has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any Posted Content. You agree that you will not post any false, inaccurate or incomplete material or delete or revise any material that was not posted by you. You are responsible for your own postings and are responsible for the consequences of your postings. You agree not to do any of the following: (a) post any material that is copyrighted or trademarked unless you own the copyright or trademark or have the owner's permission (including requisite consents and releases) to post it; (b) post any material that reveals a trade secret, unless you own the trade secret or have the owner's permission to post it; (c) post any material that infringes on any intellectual property right of another or on the privacy or publicity rights of another; (d) post any material that is unlawful, obscene, pornographic, sexual, indecent, defamatory, threatening, harassing, abusive, hateful or embarrassing to another user or to any other person or entity; (e) post any chain letter or pyramid scheme; or (f) post any material that contains a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. TAP allows Members to update Posted Content on their member pages at any time; provided that such Posted Content be new. You agree not to misuse the "update" button simply to appear on the Altpick.com homepage. TAP may deactivate a Member's page, delete the page from the Site without refunding the membership fee, or take any other actions it deems appropriate under these Terms and Conditions if a Member misuses the update function. TAP does not represent or guarantee the truthfulness, accuracy or reliability of any Posted Content or endorse any opinions expressed by a user. You acknowledge that any reliance on Posted Content by other users will be at your own risk. TAP does not confirm that each user is who he or she claims to be. TAP exercises a great effort to protect Posted Content from being misused. However, if misuse has occurred TAP is no way liable for such misuse. Because TAP is not involved in user-to-user dealings or control the behavior of participants on the Site, in the event that you have a dispute with one or more users, you release TAP (and its members, agents and employees) from any claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. TAP acts as a passive conduit for Posted Content and has no obligation to screen or monitor Posted Content. If TAP becomes aware of any Posted Content that allegedly may not conform to these Terms and Conditions, TAP may investigate the allegation and determine in its sole discretion whether to take action in accordance with these Terms and Conditions. TAP has no liability or responsibility to Users for performance or nonperformance of such activities. You may find some Posted Content to be offensive, harmful, inaccurate, mislabeled or deceptively labeled. TAP expects that you will use caution and common sense when using the Site. TAP HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY POSTED CONTENT THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST TAP FOR SUCH REMOVAL AND/OR DELETION. YOU ACKNOWLEDGE THAT THERE MAY BE A FIXED UPPER LIMIT ON THE AMOUNT OF STORAGE SPACE THAT YOU MAY USE TO POST CONTENT AND THAT TAP MAY BE REQUIRED TO COMPRESS OR PERFORM OTHER TECHNICAL PROCESSING OF YOUR POSTED CONTENT. TAP IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THIS SITE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE SITE.
You have the option of becoming a Member of ALTPICK.COM (a "Member") and enjoy the benefits of membership described on the Site at the time you sign up. If you become a Member, you hereby agree to pay the annual membership fee, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable, and abide by the Terms and Conditions like any other user. We reserve the right to change the amount of, or basis for determining, any fees or charges for services we provide, and to institute new fees, charges, or terms effective upon prior notice to Members. We reserve the right to terminate any account at any time for any reason. TAP agrees that it will terminate Member's account upon notice from Member. If cancellation is received within the first ten (10) days of Member's signing up, Member will be refunded all membership fees, but Member will still be obligated to pay any other charges incurred. If Member cancels membership after ten (ten) days of signing up, no refund will be made. If Member has a balance due on its account, Member agrees that TAP can charge these unpaid fees to Member's credit card.
Membership is not automatically renewed. 30 days from account expiration an invoice will be sent with directions for renewal.
The renewal fee shall be equal to the original annual membership fee, unless otherwise notified in advance by TAP. Member's right to use the site is subject to any limits established by TAP or by Member's credit card issuer. If payment cannot be charged to Member's credit card or Member's charge is returned for any reason, including chargeback, TAP reserves the right to either suspend or terminate Member's access and account, thereby terminating this Agreement and all obligations of TAP hereunder. If Member has reason to believe that Member's account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of Member's ID or password) notify TAP of the problem to avoid possible liability for any unauthorized charges to Member's account.
PASSWORDS AND SECURITY
Upon becoming a Member of the Site, you will create a password. You are solely responsible for any use of or action taken under your password on the Site. Your password may be used only to electronically authorize transactions, review information regarding potential and completed transactions and otherwise access and use the Site in accordance with these Terms and Conditions. You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account). You accept full responsibility for all transactions and other activity placed or conducted through your account and agree to and hereby release TAP from any and all liability concerning such transactions or activity. You agree to notify TAP immediately of any actual or suspected loss, theft or unauthorized use of your account or password. TAP has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. TAP will take reasonable security precautions when using the Internet, telephone or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.
By placing an item on the Classifieds section of the Site, the seller is agreeing to offer to sell that item. TAP acts as a facilitator and on-line venue only for the listing of an item by the seller and introducing sellers to buyers. TAP is not a party to any contract for sale of any item. The sale of an item is a matter between the seller and the buyer alone and makes TAP no warranty regarding any item purchased or obtained through this service. All sellers offering an item for sale must be legally entitled to sell the item and the item must be accurately described. TAP has no control over or responsibility for the quality, safety, or legality of an item which appears in the Classifieds, the ability of the seller to sell the item or the buyers capability to pay for the item. TAP cannot guarantee that any items posted will be purchased and reserves the right to withdraw this service at any time without giving reason. TAP offers this service on the basis that the seller and buyers comply with these Terms and Conditions and act in good faith and in a reasonable manner. TAP is not responsible for any sale that is not made due to any technical difficulties.
COPYRIGHTS, TRADEMARKS AND OTHER INTELLECTUAL PROPERTY
All material and content contained on the Site, including, but not limited to graphics, images, logos, articles, videos, animations, audio and digital clips, photographs, illustrations, icons, the compilation of all content on the Site, are the property of TAP, its Members and/or third parties and is protected by United States and international laws. All trademarks, service marks, and trade names are proprietary to TAP, its Members and/or third parties. No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. You agree to (i) abide by all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) make no modifications to the materials on the Site, (iii) not download quantities of materials to a database that can be used to avoid future downloads from the Site. Except as may be permitted by law, you are required to obtain permission from the copyright owner before reusing any copyrighted material on the Site. You acknowledge that you do not acquire any ownership rights by downloading material from the Site. In the event you download software from the Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by TAP or third party licensors for your personal, noncommercial use only. We do not transfer title of the Software to you. You own the medium on which the Software is recorded, but we (or third party licensors) retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. Except for allowing individuals to use the Site for personal, noncommercial use explained above, users are not granted a license or any other rights from TAP, including the intellectual property rights or other proprietary rights of TAP, its members or third parties.
If you believe a work on the Site constitutes infringement of your copyright or other intellectual property rights, please provide our Designated Agent with a written communication containing the following information:
- (a) evidence of your authorization to act on behalf of the owner of the copyrighted work;
- (b) a description of the copyrighted work that you claim has been infringed;
- (c) a description of where the alleged infringing material is located on the Site;
- (d) your address, telephone number, and email address;
- (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
- (g) your physical or electronic signature.
TAP's Designated Agent for notice of claims of copyright infringement can be reached as follows:
Altpick.com Attn: Copyright Infringement Phone: 212.675.4176 Email: email@example.com
TAP may modify these Terms and Conditions or any of the policies or guidelines governing the Site, at any time and in its sole discretion, by posting the modified Terms and Conditions or other policies and guidelines on the Site. The modifications shall be effective upon such posting (unless some other date is specified in the posting, in which case that date shall be deemed the effective date for the modifications). You agree to review these Terms and Conditions periodically so that you are aware of any modifications. Your use of the Site indicates your full acceptance of the Terms and Conditions in their then-current form each time you use the Site. You agree that the notice provisions provided in these Terms and Conditions are reasonable. You may not modify these Terms and Conditions or any of the policies or guidelines governing the Site without TAP express prior written consent.
THIRD PARTY WEBSITES
Users of the Site may gain access from the Site to third party sites on the Internet through hypertext or other computer links. Third party sites are not within the supervision or control of TAP. TAP makes no representations or warranties whatsoever about any third party site that is linked to the Site. A link to a third-party site from the Site, does not constitute an endorsement of the products or services offered on such site. TAP disclaims all responsibility and liability for content on third party websites. We have not taken any steps to confirm the accuracy or reliability of, any of the information contained in such third party sites. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree to indemnify, defend and hold harmless TAP, its affiliates, directors, officers, employees, agents, affiliates and partners from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Site and/or any material or content you submit, download, post or transmit through the Site; (ii) your breach of these Terms and Conditions of Use or any representation, warranty or covenant made by you herein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives the termination of these Terms and Conditions.
Any disputes arising out of or relating to these Terms and Conditions or use of the Site shall be resolved in accordance with the laws of the State of New York, without regard to its conflict of law rules. You hereby consent to the exclusive jurisdiction of the Southern District of New York or any New York State court located in the Borough of Manhattan, New York in all disputes arising from or relating to these Terms and Conditions of Use or your access to or use of the Site. TAP makes no claim that the Site may be lawfully viewed or that content may be downloaded outside of the United States. Access to the content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Nothing in these Terms and Conditions of Use shall constitute or create a joint venture, partnership, or any other similar arrangement between you and TAP. Neither party is authorized to act as agent or bind the other party except as expressly stated in these Terms and Conditions.
These Terms and Conditions will be binding on and will inure to the benefit of the legal representatives, successors and assigns of both parties. TAP may assign these Terms and Conditions in whole or in part at any time without your consent. You may not assign these Terms and Conditions or delegate any of your obligations hereunder.
NOTICE TO COMPANY
Any notice to TAP that is required or permitted by these Terms and Conditions shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to firstname.lastname@example.org
DISCLAIMER OF WARRANTIES
THIS SITE AND THE MATERIAL PROVIDED THEREIN IS PROVIDED ON AN "AS IS" BASIS. TAP DOES NOT REPRESENT OR WARRANT THAT THE MATERIAL PROVIDED WILL BE UNINTERRUPTED OR ERROR-FREE. TAP IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO THIS SITE. TAP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE, ANY MATERIAL PROVIDED ON THE SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE, ADVERTISED OR SOLD THROUGH THIS SITE. USE OF THIS SITE IS AT YOUR OWN RISK. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT ALLOWED BY LAW.TO THE FULLEST EXTENT ALLOWED BY LAW, TAP DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY OR OPERABILITY OF THE MATERIAL OR SERVICES PROVIDED ON THIS SITE. BY USING THIS SITE, YOU ACKNOWLEDGE THAT TAP IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SITE; (2) DOWNLOADING INFORMATION CONTAINED ON THE SITE; OR (3) E-MAILS SENT FROM THIS SITE, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES, WORMS, TROJAN HORSES, OR ANY SIMILAR CONTAMINATION OR DESTRUCTIVE PROGRAM. YOU FURTHER ACKNOWLEDGE THAT TAP DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS THAT THE RESULTS OBTAINED FROM USE OF THE SITE WILL MEET YOUR EXPECTATIONS OR WILL BE SATISFACTORY IN ANY WAY. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS, RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU. LIMITATION ON LIABILITY TO THE FULLEST EXTENT ALLOWED BY LAW, NEITHER TAP NOR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYERS OR MEMBERS ARE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER THAT RESULT FROM USE OF THE SITE, INCLUDING BUT NOT LIMITED TO: (1) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES; (2) DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES; (3) DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF SITE, ERRORS OR OMISSIONS; (4) DAMAGES RELATED TO DOWNLOADING INFORMATION, POSTING INFORMATION OR SENDING OR RECEIVING E-MAILS; AND (5) DAMAGES RESULTING FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CONTAMINATION OR DESTRUCTIVE PROGRAMS. TAP's LIABILITY SHALL BE LIMITED TO THE GREATER OF THREE HUNDRED UNITED STATES DOLLARS OR THE UNUSED PORTION OF YOUR MEMBERSHIP FEE IN ANY JURISDICTION THAT DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES.
No failure of TAP to enforce any of its rights under these Terms and Conditions will act as a waiver of such rights.
If any portion of any provision of these Terms and Conditions is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining provisions of these Terms and Conditions shall remain in full force and effect. Headings used in these Terms and Conditions are for convenience only and have no legal or contractual significance.