About Artlog

Your Contemporary Art Guide

Date of Last Revision: September 29, 2010. Effective Date: Dec 1, 2007

Welcome to Artlog.com, an innovative approach to experiencing art on the web. The Artlog service and network (collectively, “Artlog” or “the Service”) are operated by MVDF LLC and its corporate affiliates (collectively, “us”, “we” or “the Company”). These Terms of Service constitute a binding legal contract between you and us. By using the Site, you accept its terms.

The Internet is an evolving medium. If we need to change these Terms of Service at some point in the future, we’ll post the modified Terms of Service on this Site and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Terms of Service as modified.

We reserve the right to deny access to this Site, or any service provided via this Site, to anyone who violates these Terms of Service or who, in our judgment, interferes with the ability of others to enjoy this Site, or infringes the rights of others.

PRIVACY

We respect the privacy of the users of our Site. Please take a moment to review our Privacy Policy (see below).

INTELLECTUAL PROPERTY RIGHTS

Our Limited License to You. The materials available through this Site are our property of or the property of our affiliates or licensors, and are protected by copyright, trademark and other intellectual property laws. You may use the Site, and materials on the Site, for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. You may not otherwise reproduce any of the materials without the prior written consent of the owner. You may not distribute copies of materials found on this Site in any form (including by email or other electronic means) without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves on our Site and to tell them how to find it.

Submissions-Your License to Us. By submitting material to us, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. Artlog does not claim ownership of material you submit or make available for inclusion on the Service. By submitting material to any public posting areas of this Service, you grant us a right of use in such content to use and publish online, in print, and all other media for editorial, advertising, and promotional purposes in connection with this Service without payment or additional compensation unless prohibited by law. You may exercise your right of revocation at any time by deleting your images or terminating the Service. We also reserve the right to delete, move, or edit any postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.

No Framing. You may not, without our prior written permission, frame any of the content of the Site, or incorporate into another website or other service any material, content or intellectual property belonging to us, our parent or affiliate companies, or any of their licensors.

ONLINE PURCHASES

You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or to a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

There will be no refunds or credits allowed, including upgrade or downgrade refunds or pro-rated months (i.e., credits for partial service months). Our fees are exclusive of taxes or levies imposed by taxing authorities. You are responsible for payment of all such taxes or levies imposed on you as an account holder. You are solely responsible for canceling your account. We do not accept cancellations via email, phone, fax or letter. We will delete all of your content 30 days after cancellation and we will not be able to recover this information once deleted. We are not liable for any loss resulting from cancellation. A valid credit card is required for all paid accounts.

REGISTRATION

To access certain features of our Site, you may be asked to register with us on the form provided and such registration may require you to provide personally identifying information such as your name, address and email address, and also may ask you to provide certain demographic information such as your gender and date of birth. You agree that you will register only if you are 13 years or older. You agree to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, we reserve the right to suspend or terminate your account, delete your profile and any content or information that you have posted on the Site and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

PASSWORDS

To use certain features of the Site, you will need a user ID and password, which you will create through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

CLASSIFIED ADVERTISING

If you submit a classified ad for publication on the Site, you agree that the advertisement as it appears on the Site becomes our property and you assign all ownership interest in the advertisement as it appears on the Site under copyright law or otherwise to us. We reserve the right to reject any ad copy. All orders are subject in all respects to our then-current rules and regulations and then-current demands upon advertising space. Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status.

JOB LISTINGS

We do not knowingly accept advertisements regarding employment that are not ads for bona fide job opportunities. We also do not knowingly accept advertisements that discriminate or intend to discriminate on any illegal basis, or that are otherwise illegal. If you think that an advertisement posted on this service discriminates on any illegal basis, or is otherwise illegal, please contact us at Artlog, 475 Park Avenue South, Fl 4, New York, New York 10016. We encourage you to investigate fully and understand all aspects of any job you are considering. Some positions may require an investment or purchase on consignment on your part, or may involve your recruiting others. Positions are often paid by draw, commission or bonus instead of salary.

MODIFICATIONS TO THE SITE

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

TERMINATION

You agree that, in our sole discretion, we may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any materials that you submit to the Site, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. You agree that we shall not be liable to you or any third-party for any termination of your password, account (or any part thereof) or use of the Site, or any removal of any materials that you have submitted to the Site.

THIRD-PARTY SITES

The Site may provide, or third parties may provide, links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, including, without limitation, advertising, products, or other materials, on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, materials, goods or services available on or through any such site or resource.

PUBLIC POSTING AREAS

Our Site may include public posting areas, such as bulletin boards, web logs, chat rooms, forums and other community publishing areas (Catalog, Venues/Events, Artists, Features, Articles, Currents, Perspectives and People) that allow users to post content and materials for display on the Site. You will be solely responsible for any and all content and materials of whatever nature that you post on, transmit to or link to from the Site.

By using our Site, you agree that you will not submit, post or otherwise make available on the Site any content or material that: is profane, sexually explicit, tortuous, vulgar, obscene, libelous, abusive, or unlawful, or infringes the rights of others or interferes with the ability of others to enjoy the Site; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; harms minors in any way; impersonates any person or entity, including, but not limited to, a Site employee, forum moderator or another user, or that falsely states or otherwise misrepresents your affiliation with a person or entity; includes personal or identifying information about another person without that person’s explicit consent; is false, deceptive, misleading, or deceitful; infringes any copyright, patent, trademark, trade secret or other proprietary rights of any party; you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); constitutes or includes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as classifieds) that are designated for such purpose; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Site or any computer software or hardware or telecommunications equipment; interferes with or disrupts the Site or servers or networks connected to the Site, or disobeys any requirements, procedures, policies or regulations of networks connected to the Site; intentionally or unintentionally violates any applicable local, state, national or international law; You further agree that you will not collect personal data about, or the email addresses of, other Site users for commercial or unlawful purposes or for purposes of sending unsolicited commercial email, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, or take or cause to be taken any action that disrupts the normal flow of postings and dialogue on the Site (such as submitting an excessive number of postings), or that otherwise negatively affects other users’ ability to use the Site.

You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our business judgment, such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any content or materials submitted by you violate the rights of third parties; or (d) protect the rights, property, or personal safety of Site users and/or the public. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You agree to indemnify and hold Artlog.com website, MVDF LLC, their subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any liability of any nature arising out of or related to any content or materials submitted to or displayed on the Site by you or by others using your user account.

GENERAL PRACTICES REGARDING USE AND STORAGE OF CONTENT

You acknowledge that we may establish general practices, limits and restrictions concerning use of the Site, and the posting of content, information or materials by users of the Site. These restrictions may include a limit on the number of days that message board postings or other submitted content will be displayed on the Site and/or retained by us, the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. We assume no responsibility or liability for the deletion, corruption or loss of any content or material submitted by you, or for our failure to receive or store submitted content for any reason, including without limitation malfunctioning of any network, hardware or software. We reserve the right to change these general practices, limits and restrictions at any time, in our sole discretion, with or without notice.

NOTICE OF COPYRIGHT INFRINGEMENT

If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice by U.S. Mail to Artlog, 475 Park Avenue South, Fl 4, New York, New York 10016, and /or by email to corp@artlog.com. Please include the following information in your written notice: (1) a detailed description of the copyrighted work that is allegedly infringed upon; (2) a description of the location of the allegedly infringing material on the Site; (3) your contact information, including your address, telephone number, and, if available, email address; (4) a statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law; (5) a statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf; and (6) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. Please note that the contact information provided in this paragraph is for suspected copyright infringement only. Contact information for other matters is provided elsewhere in these Terms of Service or on the Site.

DISCLAIMERS

No Warranties. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS,CURRENTNESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, SECURE OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAKE NO WARRANTY THAT (I) THE SITE WILL MEET YOUR REQUIREMENTS, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (III) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (IV) ANY ERRORS IN THE SITE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT. Indemnity. You agree to indemnify and hold us, MVDF LLC, and our subsidiaries, affiliates, licensors and other partners, and the directors, officers, agents and employees of each, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Site, your violation of our Terms of Service, or your violation of any rights of another.

Limitation of Liability.

UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR ANY DIRECT, INDIRECT,INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDINGBUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATAOR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM (A) YOUR USE OF, ORINABILITY TO USE, THE SITE, OR (B) ANY MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THE SITE. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.)

MISCELLANEOUS

These Terms of Service have been made in and shall be construed in accordance with the laws of New York State, without regard to its conflict of laws provisions. By using this Site, you agree to submit to the personal and exclusive jurisdiction of the courts located within the State of New York in all disputes arising out of or relating to this agreement or this Site. Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service shall remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one year after such claim or cause of action arose or be forever barred.

VIOLATIONS

Please report any violations of these Terms of Service to Artlog, 475 Park Avenue South, Fl 4, New York, New York 10016.

PRIVACY POLICY

This Privacy Policy discloses the privacy practices for the Artlog (artlog.com) website (the “Site”), which is provided by Artlog (“we” or “us”), a publication of MVDF, LLC. This Privacy Policy governs our collection of information from you through your use of the Site. It does not apply to any information you may provide to us through other means; for example, via mail or via telephone. Please read this Privacy Policy carefully so that you understand our online privacy practices. By visiting this Site, you agree that your visit, and any dispute over our online privacy practices, is governed by this Privacy Policy and our Visitor Agreement. Questions regarding privacy issues should be directed to us at corp@artlog.com or Artlog, 475 Park Avenue South, Fl 4, New York, New York 10016.

TYPES OF INFORMATION WE COLLECT

The information we gather falls into two categories: (1) information voluntarily supplied by users to the Site through optional registration; and (2) tracking information gathered as users navigate through the Site. Information You Provide To Us

We may collect and store information, personal or otherwise, that you voluntarily supply either while on our Site or in responding via email in connection with a feature provided on our Site. Some examples of this type of information include demographic information and personal information (such as your name, address, or email address) that you electronically submit when you register for certain features on our Site, participate in contests offered on the Site, or sign up for email newsletters, and information that you post on message boards or other public posting areas on our Site. We may also ask for information (including a credit card number) from those who purchase a subscription or conduct other transactions on our Site. The information supplied will help us provide the product or service requested, offer you more personalized features and tailor the Site to your interests. Supplying such information is entirely voluntary. However, if you choose not to supply information requested, we may be unable to provide you with services made available to other users of the Site.

We also may collect and store information that is generated automatically as you navigate through our Site. For example, to help make the Site more responsive to the needs of users, we employ a standard feature of browser software, called a “cookie,” to assign each user a unique, random number that resides on a user’s computer. The cookie does not personally identify the user; it merely identifies the computer with which the user accesses the Site. Unless a user voluntarily identifies himself or herself (through registration, for example), the Site will not be able to identify the identity of the user, even if a cookie is assigned to a user’s computer. The only personal information a cookie can contain is information supplied by a user. By showing how and when visitors use the Site, cookies help us track user trends and patterns. They also prevent you from having to re-enter your preferences on certain areas of the Site where you have entered preference information before. Of course, you are free to set your web browser not to accept cookies; however, doing so may render your computer unable to take advantage of the personalized features enjoyed by other users of the Site.

We also may use web beacons (also known as “single-pixel GIFs”) to access cookies and to count users who visit our Site or open our HTML-formatted email messages. And our Site’s servers automatically collect limited information about your computer’s connection to the Internet, including your IP address. The IP address is a number that lets computers attached to the Internet know where to send data – such as the web pages users view. An IP address does not personally identify a user. We use this information to deliver the Site’s content to you upon request and to measure traffic within the Site. In addition, third party advertisers or third party ad servers that place and present advertising on our Site also may collect information from you via cookies, web beacons, clear .gifs or similar technologies, a process that we do not control. These third party advertisers and ad servers may use the information they collect to help present their advertisements, to help measure and research the advertisements’ effectiveness, or for other uses. The use and collection of your information by these third party advertisers and ad servers is governed by the relevant third party’s privacy policy and is not covered by our privacy policy.

USE AND DISCLOSURE OF INFORMATION

Artlog takes your privacy extremely seriously and never discloses your private contact information to third parties.

Artlog uses the information it collects from you while you are using the Site in a variety of ways, including using the information to customize features and advertising that appear on the Site. We also may provide your information to third parties, such as service providers, contractors, and advertisers, for a variety of purposes. For example, we may provide our advertisers with information about you and other visitors that will enable our advertisers to better target ads to specific types of visitors.

You agree that we may use your information to contact you for customer service purposes, to inform you of important changes or additions to our Site or the services offered over our Site, and to send you administrative notices, offers and any other communications that we believe may be of interest to you.

We reserve the right to disclose to third parties all of the information that we collect online about you and other visitors, with one important exception – if you make a purchase on our Site, we will not share your credit card number or other financial information with any third party. We may, however, share non-financial information in accordance with this

Privacy Policy.

Please also keep in mind that whenever you voluntarily make your personal information available for viewing by third parties online – for example on message boards, through email or web logs, or in chat areas – that information can be seen, collected and used by others besides Artlog. We cannot be responsible for any unauthorized third party use of such information.

Please be aware that we may occasionally release information about visitors when release is appropriate to comply with law, to enforce our Terms of Service www.artlog.com/termsofservice.html, or to protect the rights, property or safety of visitors to our Site, the public, or to us or our Site. Please also note that as our business grows, we may buy or sell various assets. In the unlikely event that Artlog, some or all of our assets, or our Site is acquired by another company, information about our visitors may be among the transferred assets.

THIRD-PARTY SITES

Our Site includes links to third party websites whose privacy policies we do not control. Once you leave the Site, any information you provide at another site will be governed by the privacy policy of the operator of the site you are visiting. The privacy policies of third party websites may differ from that of Artlog. The company is not responsible for the content, accuracy or opinions expressed in these third party websites, and these websites are not investigated, monitored or checked for accuracy or completeness by the Company. The inclusion of a link to a third party website on this site does not and should not be interpreted to imply the Company’s approval or endorsement of the linked website. Should you decide to leave this website to access a third party website, you do so at your own risk

CHILDREN’S PRIVACY

This children’s privacy statement explains Artlog’s practices with respect to the online collection and use of personal information from children under the age of thirteen, and provides important information on your rights under federal law with respect to such information.

This Site is not directed to children under the age of thirteen and we do NOT knowingly collect personally identifiable information from children under the age of thirteen. We screen users who wish to provide personal information in order to prevent users under the age of thirteen from providing such information. If we become aware that we have inadvertently received personally-identifiable information from a user under the age of thirteen, we will delete such information from our records. Because we do not collect any personally identifiable information from children under the age of thirteen, we also do NOTknowingly distribute any such information to third parties. We do NOT knowingly allow children under the age of thirteen to publicly post or otherwise distribute personally identifiable contact information.

MODIFYING YOUR INFORMATION AND OPTING OUT

If you register with us, you will have the opportunity to review, update, change or delete the information you have provided us (and that we continue to store) at any time. If you remove your registration information completely, you may not be able to continue using certain services that require registration. To review, update, change or delete your registration information visit www.artlog.com.

If you have subscribed to one of our email newsletters, you will always have the opportunity to unsubscribe from future mailings by logging into to your Artlog account at the top of any page on the site, and modifying your preferences.

STORAGE OF INFORMATION

All information gathered on our Site is stored within a database accessible only to Artlog. However, as effective as the reasonable security measures implemented by us may be, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that information supplied will not be intercepted while being transmitted over the Internet.

CHANGES TO THIS POLICY

The Internet is an evolving medium. If we need to change this Privacy Policy at some point in the future, we’ll post the modified Privacy Policy on this Site and update the Effective Date of the policy to reflect the date of the changes. By continuing to use the Site after we post any such changes, you accept the Privacy Policy as modified.