ArtWorks Terms and Conditions
Regrettably, from time to time, false job postings are listed online
and used to illegally collect personal information from unsuspecting
job seekers. The placement of such false job postings is a violation
of the ArtWorks Terms and Conditions and may also be a criminal violation
of federal and/or state law.
ArtWorks is dedicated to stopping this abuse and providing the safest
possible environment for you to search and apply to jobs and manage
Here are some important tips to use when dealing with prospective employers:
- Do not give your social security number unless you are confident
that the other party is who they claim to be. For example, you could
ask them for a call-back number to use for verification purposes.
- Be careful when providing credit card or bank information, or engaging
in any monetary transactions. Be sure to verify the legitimacy of
the employer with whom you are interacting.
- Do not provide any non-work-related personal information (e.g.,
Social Security Number, eye color, marital status, etc.) over the
phone or online.
- Be cautious when dealing with contacts outside your own country.
- Be wary of emails that offer an opportunity that involves acting
as a go-between for money transfers.
Disregard the email and DO NOT follow through with the employment offer
being made. Learn more.
While the Internet is a safe and convenient place to do business, be
aware that scammers are out there targeting unsuspecting consumers.
website, run by a joint industry/law enforcement group, was built to
educate consumers and help prevent them from becoming victims of Internet
fraud schemes. The site offers in-depth information on the latest Internet
scams, including auction fraud, identity fraud, reshipping scams and
If you see a questionable Job Posting or any potential misuse of the
theArtsweb.com ArtWorks site or its brand, please report the suspected
fraud to email@example.com.
If you think you have been a victim of fraud, immediately report the
committed fraud to your local police and contact firstname.lastname@example.org,
so steps can be taken for your safety.
Privacy Reminder -- Protect your personal information by never
providing social security, credit card or bank account numbers to prospective
employers. Learn more
This page states the "Terms and Conditions" under which You
may use ArtWorks , an on-line service to post and search employment
Privacy Statement. By using ArtWorks, You are indicating your agreement
Please read this page carefully. If You do not accept the Terms of
Use stated here, do not use the Web Site and the services. By using
ArtWorks, You are indicating your acceptance to be bound by the provisions
updating this posting. You should visit this page periodically to review
and "User" as used herein refer to all individuals and/or
entities accessing this web site for any reason.
You must be 18 years of age or older to visit or use ArtWorks in any
and warrant to the Company that You are 18 years of age or older, and
that You have the right, authority and capacity to agree to and abide
that You will use ArtWorks in a manner consistent with any and all applicable
laws and regulations.
2. Use of ArtWorks Content.
The Company authorizes You to view and access a single copy of the content
available on or from ArtWorks solely for your personal use. The contents
of ArtWorks, and of all other websites under the Company's control,
whether partial or otherwise (ArtWorks and such other websites are sometimes
collectively referred to as "ArtWorks Sites") such as text,
graphics, images, logos, button icons, software and other ArtWorks Content
(collectively, "ArtWorks Content"), are protected under both
United States and foreign copyright, trademark and other laws. All ArtWorks
Content is the property of the Company or its content suppliers or clients.
The compilation (meaning the collection, arrangement and assembly) of
all content on the ArtWorks Sites are the exclusive property of the
Company and protected by U.S. and international copyright laws. Unauthorized
use of the ArtWorks Content may violate copyright, trademark, and other
laws. You must retain all copyright, trademark, servicemark and other
proprietary notices contained in the original ArtWorks Content on any
copy You make of the ArtWorks Content. You may not sell or modify the
ArtWorks Content or reproduce, display, publicly perform, distribute,
or otherwise use the ArtWorks Content in any way for any public or commercial
purpose. The use of the ArtWorks Content on any other web site or in
a networked computer environment for any purpose is prohibited. You
shall not copy or adapt the HTML code that the Company creates to generate
any ArtWorks Content or the pages making up any ArtWorks Site which
is also protected by the Company's copyright.
3. ArtWorks Site Restrictions.
Users may not use any ArtWorks Site in order to transmit, distribute,
store or destroy material, including without limitation ArtWorks Content,
(a) in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or other intellectual
property rights of others or violate the privacy, publicity or other
personal rights of others, or (c) that is defamatory, obscene, threatening,
abusive or hateful.
Users are also prohibited from violating or attempting to violate
the security of any ArtWorks Site, including, without limitation the
following activities: (a) accessing data not intended for such user
or logging into a server or account which the user is not authorized
to access; (b) attempting to probe, scan or test the vulnerability of
a system or network or to breach security or authentication measures
without proper authorization; (c) attempting to interfere with service
to any user, host or network, including, without limitation, via means
of submitting a virus to any ArtWorks Site, overloading, "flooding",
"spamming", "mailbombing" or "crashing";
or (d) forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability. The Company will
investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting users
who are involved in such violations.
4. Specific Prohibited Uses.
The job posting and resume database features of ArtWorks may be used
only for lawful purposes by individuals seeking employment and career
information and employers seeking employees.
The Company specifically prohibits any other use of ArtWorks, and all
Users agree not to do any of the following: (a) post any jobs on any
ArtWorks Site for any competitor of ArtWorks or posting jobs or other
content that contains links to any site competitive with ArtWorks; (b)
post jobs or content on any ArtWorks Site that contain any hyperlinks,
"hidden" keywords or any keywords that are irrelevant to the
job or are otherwise misleading contained in a job posting are prohibited;
post jobs for modeling or talent or talent scouting positions; (c) post
jobs for modeling or talent or talent scouting positions on any ArtWorks
Site; (d) use any ArtWorks Site Resume Database for any purpose other
than as an employer seeking employees, including but not limited to
using the information in the Resume Database to sell or promote any
products or services; (e) post or submit to any ArtWorks Site any incomplete,
false or inaccurate biographical information or information which is
not your own; (f) post on any ArtWorks Site any franchise, pyramid scheme,
"club membership", distributorship or sales representative
agency arrangement or other business opportunity which requires an up
front or periodic payment, pays commissions only (except for postings
that make clear that the available job pays commission only and clearly
describes the product or service that the job seeker would be selling,
in which case such postings are permissible), requires recruitment of
other members, sub-distributors or sub-agents; (g) send unsolicited
mail or e-mail, making unsolicited phone calls or send unsolicited faxes
regarding promotions and/or advertising of products or services to a
user of any ArtWorks Site; (h) delete or revise any material posted
by any other person or entity; (i) take any action that imposes an unreasonable
or disproportionately large load on any ArtWorks Site's infrastructure;
(j) notwithstanding anything to the contrary contained herein, use or
attempt to use any engine, software, tool, agent or other device or
mechanism (including without limitation browsers, spiders, robots, avatars
or intelligent agents) to navigate or search any ArtWorks Site other
than the search engine and search agents available from the Company
on such ArtWorks Site and other than generally available third party
web browsers (e.g., Netscape Navigator, Microsoft Explorer); (k) attempt
to decipher, decompile, disassemble or reverse engineer any of the software
comprising or in any way making up a part of any ArtWorks Site; (l)
aggregate, copy or duplicate in any manner any of the ArtWorks Content
or information available from any ArtWorks Site; or (m) frame or link
to any of ArtWorks Content or information available from any ArtWorks
5. Registration Information.
When You register with any ArtWorks Site, You will be asked to provide
the Company with certain information including, without limitation,
a valid email address (your "Information"). In addition to
6. User Content and Submissions.
You are solely responsible for your ArtWorks Account information, content,
messages or other information ("User Content") that You submit,
publish or display (hereinafter, "post") on any ArtWorks Site
or transmit to other Users. By posting User Content to any ArtWorks
Site, You automatically grant, and You represent and warrant that You
have the right to grant, to ArtWorks an irrevocable, perpetual, non-exclusive,
fully paid, worldwide license to use, copy, perform, display, and distribute
such User Content and to prepare derivative works of, or incorporate
into other works, such User Content, and to grant and authorize sublicenses
By posting User Content to any public or non-public area of any ArtWorks
Site, including message boards, forums, contests and chat rooms, You
grant the Company and its affiliates the loyalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including
any moral rights) and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to
the public, perform and display the User Content (in whole or in part)
worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed, for the full term of any
rights that may exist in such content. You also warrant that the holder
of any rights, including moral rights in such content, has completely
and effectively waived all such rights and validly and irrevocably granted
to You the right to grant the license stated above. You also permit
any User to access, display, view, store and reproduce such User Content
for personal use. Subject to the foregoing, the owner of such User Content
placed any ArtWorks Site retains any and all rights that may exist in
such User Content.
The Company acts as a passive conduit for the online distribution
and publication of User Content and has no obligation to screen communications
or information in advance and is not responsible for screening or monitoring
User Content posted by Users. However, the Company may review and delete
any User Content that, in the sole judgment of theArtsweb.com, violates
offensive or illegal or violates the rights of, harms or threatens the
safety of Users of any ArtWorks Site. The Company reserves the right
to expel Users and prevent their further access to the ArtWorks Sites
and the right to remove User Content which is in violation of the Terms
of Use, abusive, illegal, or disruptive. The Company may take any action
with respect to User Content that it deems necessary or appropriate
in its sole discretion if it believes it may create liability for the
Company or may cause the Company to lose (in whole or in part) the services
of its ISPs or other suppliers.
The following is a partial list of User Content that is prohibited
on the ArtWorks Sites. The list below is for illustration only and is
not a complete list of all prohibited User Content:
is implicitly or explicitly offensive, such as User Content that engages
in, endorses or promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual;
harasses, incites harassment or advocates harassment of another any
group or individual;
involves the transmission of "junk mail", "chain letters,"
or unsolicited mass mailing or "spamming";
promotes or endorses false or misleading information or illegal activities
or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes or endorses an illegal or unauthorized copy of another person's
copyrighted work, such as providing or making available pirated computer
programs or links to them, providing or making available information
to circumvent manufacture-installed copy-protect devices, or providing
or making available pirated music or other media or links to pirated
music or other media files; contains restricted or password only access
pages, or hidden pages or images; displays or links to pornographic,
indecent or sexually explicit material of any kind;
provides or links to material that exploits people under the age of
18 in a sexual, violent or other manner, or solicits personal information
from anyone under 18; or provides instructional information about illegal
activities or other activities prohibited by these Terms, including
without limitation, making or buying illegal weapons, violating someone's
privacy, or provides or creates computer viruses or pirating any media;
and solicits passwords or personal identifying information from other
Users; ArtWorks reserves the right in its sole discretion to investigate
and take legal action against anyone who engages in any illegal or prohibited
limitation, removing the User Content from the ArtWorks Sites and/or
terminating the offending User's ability to access the ArtWorks Sites
and/or use ArtWorks services. The Company may take any other action
with respect to User Content or User actions that it deems necessary
or appropriate in its sole discretion if it believes it may create liability
for the Company or may cause the Company to lose (in whole or in part)
the services of its ISPs or other suppliers. The Company does not represent
or guarantee the truthfulness, accuracy, or reliability of User Content
or any other communications posted by Users or endorse any opinions
expressed by Users. You acknowledge that any reliance on material posted
by other Users will be at your own risk. The Company has no obligation
to screen User Content in advance and is not responsible for screening
or monitoring User Content posted by Users. If notified by a User of
the Company may in its sole discretion investigate the allegation and
determine whether to take any other actions whether to remove or request
the removal of the User Content. The Company has no liability or responsibility
to Users for performance or nonperformance of such activities. We appreciate
hearing from our Users and welcome your comments regarding our services
and the ArtWorks Sites. Please be advised, however, that our policy
does not permit us to accept or consider creative ideas, suggestions,
inventions or materials other than those which we have specifically
requested. While we do value your feedback on our services, please be
specific in your comments regarding our services and do not submit creative
ideas, inventions, suggestions, or materials. If, despite our request,
You send us creative suggestions, ideas, drawings, concepts, inventions,
or other information (collectively the "Submission"), the
Submission shall be the property of the Company. None of the Submission
shall be subject to any obligation of confidentiality on our part and
we shall not be liable for any use or disclosure of any Submission.
The Company shall own exclusively all now known or later discovered
rights to the Submission and shall be entitled to unrestricted use of
the Submission for any purpose whatsoever, commercial or otherwise,
without compensation to You or any other person who submitted the Submission.
7. Registration and Password.
You are responsible for maintaining the confidentiality of your ArtWorks
Account, passwords. You shall be responsible for all uses of your Web
Site registrations and passwords, whether or not authorized by You.
You agree to immediately notify the Company of any unauthorized use
of your ArtWorks Account, passwords.
8. Identification Of Agent To Receive Notification And Elements Of
Notification Of Claimed Copyright Infringement.
If You believe that your copyrighted work has been uploaded, posted
or copied to any ArtWorks Web Site and is accessible on such ArtWorks
Site in a way that constitutes copyright infringement, please notify
us by providing our designated copyright agent with the following information:
The physical or electronic signature of either the copyright owner or
of a person authorized to act on the owner's behalf;
A description of the copyrighted work You claim has been infringed,
and a description of the activity that You claim to be infringing;
Identification of the URL or other specific location on this web site
where the material or activity You claim to be infringing is located
or is occurring; You must include enough information to allow us to
locate the material or the activity;
Your name, address, telephone number and, if You have one, your e-mail
A statement by You that You have a good faith belief that use on the
web site of the copyrighted work in the manner You are complaining of
is not authorized by the copyright owner, any agent of the copyright
owner, or the law; and
A statement by You, made under penalty of perjury, that the information
You have provided in your notice is accurate and that You are either
the copyright owner or are authorized to act on behalf of the copyright
You can contact theArtsweb.com follows:
1810 Weeks Avenue
Orlando, FL 32806
By FAX: 1-866-738-9600
By e-mail: artworks@theArtsweb.com
9. Policy Regarding Termination Of Users And Account Holders Who Repeatedly
Infringe The Copyright Or Other Intellectual Property Rights Of Others
ArtWorks, theArtsweb.com, and all of our affiliated companies respect
the intellectual property of others, and we ask our users, account holders
and content partners to do the same. The unauthorized reproduction,
copying, distribution, modification, public display or public performance
of copyrighted works constitutes infringement of the copyright owners
rights. As a condition to your use of ArtWorks, You agree not to use
ArtWorks or any other ArtWorks Site to infringe the intellectual property
rights of others in any way. We will terminate the accounts of any ArtWorks
account holders, and block access to ArtWorks and/or the other ArtWorks
Sites of any Users who are repeat infringers of the copyrights, or other
intellectual property rights, of others. We reserve the right to take
these actions at any time, in our sole discretion, with or without notice,
and without any liability to the account holder who is terminated or
to the User whose access is blocked.
10. The Company's Liability.
ArtWorks acts as a venue for employers to post job opportunities and
candidates to post resumes and does not screen or censor the listings
offered. The Company is not involved in the actual transaction between
employers and candidates. As a result, the Company has no control over
the quality, safety or legality of the jobs or resumes posted, the truth
or accuracy of the listings, the ability of employers to offer job opportunities
to candidates or the ability of candidates to fill job openings or any
User Content and makes no representations about any jobs, resumes or
User Content on ArtWorks.
In addition, note that there are risks, including but not limited to
the risk of physical harm, of dealing with strangers, foreign nationals,
underage persons or people acting under false pretenses. You assume
all risks associated with dealing with other users with whom You come
in contact through ArtWorks and/or the other ArtWorks Sites. By its
very nature, other people's information may be offensive, harmful or
inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that You will use caution and common sense when using ArtWorks
and/or the other ArtWorks Sites.
Because user authentication on the Internet is difficult, the Company
cannot and does not confirm that each User is who they claim to be.
Because we do not and cannot be involved in user-to-user dealings or
control the behavior of participants on any ArtWorks Site, in the event
that You have a dispute with one or more Users, You release the Company
(and our agents and employees) from 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 disputes.
If You are a California resident, You waive California Civil Code
d1542, which says: "A general release does not extend to claims
which the creditor does not know or suspect to exist in his favor at
the time of executing the release, which if known by him must have materially
affected his settlement with the debtor."
The ArtWorks Sites and the ArtWorks Content may contain inaccuracies
or typographical errors. The Company makes no representations about
the accuracy, reliability, completeness, or timeliness of any ArtWorks
Site or the ArtWorks Content. The use of all ArtWorks Sites and the
ArtWorks Content is at your own risk. Changes are periodically made
to ArtWorks Sites and may be made at any time. You acknowledge and agree
that You are solely responsible for the form, content and accuracy of
any resume or material contained therein placed by You on the ArtWorks
Sites. Employers are solely responsible for their postings on ArtWorks
Sites. The Company is not to be considered to be an employer with respect
to your use of any ArtWorks Site and the Company shall not be responsible
for any employment decisions, for whatever reason made, made by any
entity posting jobs on any ArtWorks Site.
ArtWorks cannot guarantee and does not promise any specific results
from use of ArtWorks or any
ArtWorks Site. No advice or information, whether oral or written,
obtained by a User from ArtWorks or through or from ArtWorks or any
other ArtWorks Site shall create any warranty not expressly stated herein.
11. Disclaimer of Warranty.
THE COMPANY DOES NOT WARRANT THAT ANY ARTWORKS SITE WILL OPERATE ERROR-FREE
OR THAT ANY ARTWORKS SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES
OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY ArtWorks SITE OR THE
ARTWORKS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT
OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE ARTWORKS
SITES AND ARTWORKS CONTENT ARE PROVIDED ON AN "AS IS" BASIS
WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED,
INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY,
RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE ARTWORKS CONTENT, SERVICES,
SOFTWARE, TEXT, GRAPHICS, AND LINKS.
12. Disclaimer of Consequential Damages.
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED
ON ANY ARTWORKS SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS,
OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE ANY ARTWORKS SITE AND THE ARTWORKS
CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
13. Limitation of Liability.
ARTWORK'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY
ARTWORKS SITE OR YOUR USE OF THE ARTWORKS CONTENT, REGARDLESS OF THE
CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE),
WILL NOT EXCEED $100.
14. Links to Other Sites.
ArtWorks and certain other ArtWorks Sites contain links to third party
web sites. These links are provided solely as a convenience to You and
not as an endorsement by the Company of the contents on such third-party
Web sites. The Company is not responsible for the content of linked
third-party sites and does not make any representations regarding the
content or accuracy of materials on such third party Web sites. If You
decide to access linked third-party Web sites, You do so at your own
15. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these
Terms and Conditions. You also agree not to make any unauthorized commercial
use of any ArtWorks Site.
You agree to defend, indemnify, and hold harmless the Company, its affiliates,
and their respective officers, directors, employees and agents, from
and against any claims, actions or demands, including without limitation
reasonable legal and accounting fees, alleging or resulting from (i)
any User Content or other material You provide to any ArtWorks Site,
(ii) your use of any ArtWorks Content, or (iii) your breach of the terms
of any such claim, suit, or proceeding.
The Company makes no claims that the ArtWorks Content may be lawfully
viewed or accessed outside of the United States. Access to the ArtWorks
Content may not be legal by certain persons or in certain countries.
If You access a ArtWorks or other U.S.-based ArtWorks Sites from outside
of the United States, You do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. If any provision
of these Terms and Conditions are found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall not affect
shall remain in full force and effect. No waiver of any term of these
Terms and Conditions shall be deemed a further or continuing waiver
of such term or any other term. Except as expressly provided in an additional
"Legal Notice," or Software License or material on particular
You and the Company with respect to the use of ArtWorks. No changes
Certain areas of ArtWorks and the other ArtWorks Sites are subject to
additional terms and conditions. By using such areas, or any part thereof,
19. Term and Termination
These Terms and Conditions will remain in full force and effect while
You are a User of ArtWorks at any level. The Company reserves the right,
at its sole discretion, to pursue all of its legal remedies, including
but not limited to deletion of your User Content from ArtWorks and the
other ArtWorks Sites and immediate termination of your registration
with or ability to access ArtWorks and the other ArtWorks Sites and/or
any other services provided to You by the Company, upon any breach by
You of these Terms and Conditions or if the Company is unable to verify
or authenticate any information You submit to ArtWorks or other ArtWorks
Site registration. Even after You are no longer a User of ArtWorks,
certain provisions of these Term and Conditions will remain in effect,
including Sections 2, 6, 9 through 19, inclusive.