Welcome to PMU Artists.com. By accessing or using PMU Artists.com, you signify that you have read, understand and agree to be bound by these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Definitions

The term “Website” refers to http://www.pmuartists.comand/or any associated applications or tools.

The term “Member” refers to those visitors who pay a fee to subscribe to this Website in order to offer products or services to visitors.

The term “Member Services” refers to the products and/or services offered by Members via listings on PMU Artists.com.

The term “PMU Artists.com Services” refers to the subscription services offered by PMU Artists.com  to Members.

The term “Billing Period” will from here on refer to time period identified in each Member’s subscription plan as billing period.

PMU Artists.com is a Neutral Venue

PMU Artists.com is a neutral venue where Members can promote and list their products and services to the public. PMU Artists.com does not provide any of the products or services offered by Members. Moreover, PMU Artists.com does not endorse the products or services offered by Members nor do we guarantee the quality of their goods or services. Any transaction you enter into with a Member is solely between you and the Member. PMU Artists.com is not responsible or liable for any dealings or transactions between users of the Website and Members. PMU Artists.com is not a party to any such transaction and we will not be a party to any dispute arising out of or related to such transaction.

Account Membership

Subscription Terms / Billing / Renewal / Termination

Subject to the terms and conditions as set forth in this Agreement, PMU Artists.com may provide Members with PMU Artists.com Services described on the PMU Artists.com webpage. PMU Artists.com may offer different levels of PMU Artists Services depending on the Member’s subscription plan. It is each Member’s responsibility to be informed of these terms and conditions, as well as the various levels of services provided by PMU Artists.com. For detailed description and comparison of different levels of services available please refer to the PMU Artists.com webpage.

In order to use the PMU Artists.com Services, you will need to first register an account and subscribe to the PMU Artists.com Services. If you choose to register an account, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place through your account. By registering an account, you also acknowledge and agree to PMU Artists.com Privacy Policy.

PMU Artists.com Services are based on the stated Billing Period and all subscription fees are payable in advance. PMU Artists.com will renew each Member’s subscription automatically at the end of each Billing Period unless the Member notifies PMU Artists.com in writing of its intent not to renew the PMU Artists.com Services prior the end of the current Billing Period.

A first-time Member account holder who is dissatisfied with the PMU Artists.com Services may obtain a refund of charges actually paid by him or her to PMU Artists.com in connection with that account if, within 30 days of opening the account, he or she requests cancellation of the account and a refund. Any such request must be communicated to PMU Artists.com by sending email through the Contact Us form.

A Member may terminate the subscription services at any time upon written notice to PMU Artists.com. Except as expressly provided herein, no refunds will be issued for subscription fees already paid to PMU Artists.com. Upon termination or expiration of your account, PMU Artists.com has no obligation to provide you with a copy of your Content and may delete your Content from our servers.

Each Member agrees that PMU Artists.com may terminate each Member’s subscription and/or access to and use of the PMU Artists.com Services for violation of this Agreement and that determination of any such violation shall be made at PMU Artists.com sole discretion. PMU Artists.com reserves the right to modify, discontinue, temporarily or permanently, the PMU Artists.com Services (or any part thereof) with or without notice. PMU Artists.com shall not be liable to you or to any third party for modifications, price change, suspension, or discontinuance of the PMU Artists.com Services (or any part thereof).

PMU Artists.com is Not Available to Minors

PMU Artists.com is not available to persons under 18 years of age. By accepting these Terms of Use, you confirm that you are of legal age to form a binding contract with PMU Artists.com, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are over the age of 13, and acknowledge that PMU Artists.com is not intended for children under 13 years of age. You may not use PMU Artists.com and may not accept the Terms of Use if you by law are barred from using PMU Artists.com or accepting the Terms of Use.

You Are Responsible for Your Content

You are solely responsible for the content that you provide, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, “submit”) on or through PMU Artists.com, or transmit to or share with other users. We reserve the right to review and retain any and all information submitted by you through the Website, including but not limited to User Generated Content (as hereinafter defined) and personal messages sent through the Website. You may not submit content to PMU Artists.com that you did not create or that you do not have permission to submit. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit PMU Artists.com to copy, store, publish, display, distribute and otherwise exploit your content. PMU Artists.com is not and shall not function as an archive. We have no liability to you or any other person for loss, damage or destruction to your content.

Content Rights

PMU Artists.com

Members retain their full rights to any content they upload to this Website, including, but not limited to, photographs, videos and digital products, biographies, and business information (the “PMU Artist Content”) and PMU Artists.com shall not acquire any rights to the PMU Artists.com except as expressly granted herein.

By delivering or transmitting PMU Artist Content to PMU Artists.com, Members grant PMU Artists.com a nonexclusive right to use, reproduce, alter the resolution of, transmit, publicly display, distribute, and make available PMU Artist Content as PMU Artists.com deems appropriate for purpose of providing the PMU Artists Services or to promote, directly or indirectly, Member Services and/or PMU Artists.com, including without limitation, the right to post PMU Artist Content in online and offline advertisements and on Social Media websites and applications (e.g., Facebook, Pinterest, Twitter, Google+, etc.).

Further, each Member understands and agrees that PMU Artists.com may (but is not obligated to) keep archives of PMU Artist`s Content for the purpose of maintaining business records of PMU Artists.com and preserving evidence of its Website activity.

User Generated Content

Except with respect to PMU Artist`s Content described above, visitors grant to PMU Artists.com a royalty-free, perpetual license to use all rights, including copyright, in content that they upload to the Website (“User Generated Content”), such as comments, reviews or recommendations about this Website or about Member Services. PMU Artists.com reserves the right to amend, redact and/or delete User Generated Content for any reason.

Other Content

All other content on this Website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, digital downloads, data compilations, and software, as well as any compilation consisting of the selection, organization, or arrangement of content on this Website, is the property of PMU Artists.com or its licensors or suppliers.

Prohibited Material and Activities

PMU Artists.com reserves the right to refuse material and activities or to remove any material and activities from the Website in its sole discretion. All material of any kind that we deem pornographic in our judgment is prohibited from this Website. PMU Artists.com may, in its discretion, but is not obligated to, allow images that contain nudity if they exhibit artistic or other social value and are not pornographic. The term “material” shall include both PMU Artist`s Content and User Generated Content as defined above.

Furthermore, you agree that you shall not (1) transmit or post to PMU Artists.com or the Website any material or conduct any activity with respect to the Website that in any manner violates any law, regulation, or treaty, or infringes on the rights of any third party; (2) transmit or post any material or activity that is defamatory, fraudulent, or obscene, or that may harass or abuse others; (3) transmit or post any materials or comments that can be harmful to the security or integrity of the Website or any of its users, including but not limited to materials such as viruses, software programs, or worms; (4) access any account that does not belong to you without the authorization of the owner of the account; (5) misuse, transfer, sell, or otherwise disclose private information provided to you by other subscribers or visitors; (6) interfere with other visitors’ use and enjoyment of the Services or the Website; (7) modify, adapt, or hack PMU Artists.com or the Website or modify any other website so as to falsely imply or make it appear that the website is associated with you; (8) spam other PMU Artists.com users or burden them with unwanted communications; or (9) post any materially false or misleading information to the Website or otherwise communicate it to PMU Artists.com users, including but not limited to any false or misleading advertising or coupons.

You agree that PMU Artists.com does not bear the responsibility for policing or determining the legal propriety of any material contributed by others or activity conducted by others on the Website. PMU Artists.com reserves the right to prohibit access of any visitor in its discretion.

Claims of Infringement

PMU Artists.com makes no representations or warranties as to the accuracy, correctness or reliability of the content posted on this Website or with respect to the Member Services. PMU Artists.com cannot ensure that all persons depicted in the photographs and trademark owners have consented to the display of their image or trademark on this Website. If your photograph or trademark appears on this Website without your consent and you wish to have it removed, please contact PMU Artists.com and provide the URL to the photograph in question. Please state the reason why you would like it removed and PMU Artists.com will make a reasonable effort to resolve the issue with the Member.

Please send this information to PMU Artists.com by using the Contact Us form.

PMU Artists.com is not in a position to determine copyright status of any content uploaded to its site, which may depend upon many facts that are unknown to PMU Artists.com. If You believe that your copyright rights have been violated by any material or activity on our Website, please send us a notification of claimed infringement that conforms to 17 U.S.C. § 512(c)(3). We expect the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PMU Artists.com to locate the material, including the URL where the material is located;

Information reasonably sufficient to permit PMU Artists.com to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

PMU Artists.com has a policy of terminating the account of any person who has been determined to be a repeat copyright infringer.

Indemnification and Limitation of PMU Artists.com Liability

You agree to indemnify and hold harmless PMU Artists.com, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers (each an “Indemnified Party”) from any costs, losses, judgments, awards, damages and expenses (including reasonable attorney’s fees) related to any action, suit, claim or proceeding made, brought or threatened by a third party against an Indemnified Party arising out of or in connection with (1) your breach or alleged breach of these terms and conditions or violation of any representations or warranties contained in this agreement; (2) any materials that you submit or post on this Website; or (3) your misuse of information provided to you by other visitors.

In no event will PMU Artists.com, its directors, employees, owners, agents, parents or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if PMU Artists.com has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein PMU Artists.com`s  liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the PMU Artists.com Services, not to exceed one-thousand United States dollars. You further acknowledge that if you pay no fees to PMU Artists.com to use the Website or PMU Artists.com  Services, you are limited to injunctive relief only, and are not entitled to damages from PMU Artists.com regardless of your cause of action.

THE WEBSITE, INCLUDING ANY MATERIAL OR ACTIVITIES CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, AND “AS AVAILABLE,” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. PMU ARTISTS.COM DISCLAIMS ALL WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, ACCURACY AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE. PHOTOGRAPHER CENTRAL DOES NOT WARRANT THAT THE PRODUCT DESCRIPTIONS OR OTHER CONTENT ON ITS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM PMUARTISTS.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR, AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO YOUR USE OF THIS WEBSITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES.

Governing Law, Venue and Jurisdiction

By using PMU Artists.com, you agree and acknowledge that PMU Artists.com is hosted in the United States. If you are attempting to access PMU Artists.com from a physical location within the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of PMU Artists.com , you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of that the laws of the State of California, without regard to principles of conflict of laws, which will govern these Terms of Use and any dispute of any sort that might arise between you and PMU Artists.com. You agree not to commence or prosecute any action in connection with your use of these Services other than in the state and federal courts of Alameda County, California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Alameda County, California.

Other Terms and Conditions

These Terms of Use, together with policies and guidelines referenced herein, constitute the whole agreement between you and PMU Artists.com regarding the use of PMU Artists.com. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be valid and enforceable in full force and effect. If PMU Artists.com does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforce ability of any remaining provisions. To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls.

Date of Last Revision: October 14, 2016