Terms of Use

Terms & Conditions

Last Updated: March 11, 2019

Motherbird.com is published by Artvilla.com LLC

Artvilla.com  LLC (“Artvilla.com”) owns and operates digital products including: www.Artvilla.com and other websites; newsletters and other content we deliver via email; social media pages; Your use of Artvilla.com LLC websites and associated products and services, regardless of media, is subject to the terms, conditions, and disclaimers set forth below; to our https://www.artvilla.com/privacy-policy/; and to all applicable laws and regulations. In addition, Artvilla.com reserves the right to terminate access to Artvilla.com LLC websites for any reason, and to take any other actions that Artvilla.com, in its sole discretion, believes to be in the interest of the company and some or all of its users and customers. Artvilla.com reserves the right to revise these disclaimers, terms, and conditions of access, without advance notice.

This is a binding contract between Artvilla.com and you. By accessing Artvilla.com LLC websites, you hereby accept this agreement.  As a material condition of such use, you warrant that you are over the age of thirteen and that you have provided accurate and complete information in any communication with Artvilla.com.

Please note that our Artvilla.com LLC websites are under constant development. This Agreement may therefore be modified and updated at any time. 

Access

Access to Artvilla.com LLC websites is provided free of charge (although some content may be only be available to paying subscribers).  Access to Artvilla.com LLC websites (including Artvilla.com) does not create a professional services relationship or any other relationship with Artvilla.com. Artvilla.com LLC websites are provided solely for your personal, non-commercial use.

You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of Artvilla.com LLC websites nor transfer to or store any data residing or exchanged over Artvilla.com LLC websites in any electronic network for use by more than one user unless you obtain prior written permission from Artvilla.com.  Specifically, unless explicitly authorized in these Terms & Conditions or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium any material from Artvilla.com LLC websites.  For more information about requesting permission to reproduce or distribute materials from Artvilla.com LLC websites, contact us at [email protected]

 

Account Credentials and Logins and Security

Use of some of our services, including registration for an account and/or subscription for Artvilla.com, requires the creation of an online account log-in and password (the “Credentials and Logins”).  You are responsible for maintaining the confidentiality of your Credentials and Logins, and you are solely responsible for all activities that occur during use of your account. You agree to immediately change your password and notify us at [email protected] if you suspect or become aware of any unauthorized use of your Credentials and Logins or any other breach of security related to the Services. We reserve the right to require you to alter your Credentials and Logins if we believe that they are no longer secure. You agree that we will not be liable for any loss or damage arising from your failure to adequately safeguard your Credentials and Logins.

Intellectual Property

Artvilla.com and Artvilla.com LLC websites, and all other text and images contained on Artvilla.com LLC websites and in Artvilla.com’s products are protected by United States trademark and copyright law and other applicable law and are the property of Artvilla.com, except as otherwise identified. All copyrights and trademarks not the property of Artvilla.com that are used or referred to in Artvilla.com LLC websites and Artvilla.com’s products are the property of their respective owners. Nothing contained in Artvilla.com LLC websites or other products shall be construed as granting any license or other rights to any copyright, trademark, patent or other property of Artvilla.com or any third party, whether by implication, laches, estoppel or explicit grant. Because the content is proprietary, any unauthorized use of materials on Artvilla.com LLC websites or other products may violate the law.  If you are a copyright owner and believe infringing material is present on any of Artvilla.com LLC websites, please contact us at [email protected]

Artvilla.com’s products, including third party and licensed materials on Artvilla.com LLC websites, may not be modified, reproduced, republished, retransmitted, or displayed except for personal use. Any use for a commercial or public purpose requires written permission from Artvilla.com LLC.

Policy- Submissions by Users

Some of Artvilla.com LLC websites may allow users to upload, submit, and/or post images, text, video, profile information, comments, e-mails, or other data and information (“Submissions by Users”). By uploading, creating, or submitting Submissions by Users to or on Artvilla.com LLC websites, or to Artvilla.com through any other means:

  • You affirm, represent and warrant that you own the right to utilize, to license and to sublicense the Submissions by Users;
  • You grant to Artvilla.com, and anyone authorized by Artvilla.com, a non-exclusive, worldwide, paid-up, royalty-free, irrevocable, perpetual license, including right of sublicense, to use, display, distribute, copy, assign, perform,  and modify the Submissions by Users in any medium or any manner, in whole or part (whether now known or hereafter developed), without any restrictions to you, for the sole intended purpose of Artvilla.com LLC websites and/or services provided;
  • You grant to each user of Artvilla.com LLC websites a non-exclusive license to access the Submissions by Users through Artvilla.com LLC websites and to use, reproduce, distribute, display and perform such Submissions by Users as permitted through the functionality of Artvilla.com LLC websites and under this Agreement; and
  • You acknowledge and agree that Artvilla.com may elect, without notice, to distribute or make available the Submissions by Users via RSS or other automated or programmatic means.
  • You acknowledge and agree that Submissions by Users may be permanently maintained on Artvilla.com’s servers.
  • You acknowledge that Artvilla.com is not responsible for, and cannot prevent, the publication or use of your Submissions by Users by any third parties who copied your Submissions by Users during the time in which it was displayed on Artvilla.com LLC websites.

For any Submissions by Users you post that you do not own, you guarantee to us that you have the legal right to post such Submissions by Users and that it will not violate any law or the rights of any person or entity. IN OTHER WORDS, AND AMONG OTHER THINGS, YOU WILL NOT POST SUBMISSIONS BY USERS ON ARTVILLA.COM LLC WEBSITES YOU DO NOT OWN WITHOUT PERMISSION OF THE OWNER OF THE SUBMISSIONS BY USERS, INCLUDING WRITTEN, PHOTOGRAPHIC, MUSIC AND VIDEO SUBMISSIONS BY USERS.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur during or relating to your use of Artvilla.com LLC websites, and you agree not to engage in unacceptable use of Artvilla.com LLC websites, which includes, without limitation, use of Artvilla.com LLC websites to:

  • Harm or threaten to harm users or members of the general public in any way, or “stalk” or otherwise harass any other person or entity;
  • Post or transmit any User Submission that is unlawful, false or misleading, grossly offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Disseminate or transmit “spam,” unsolicited messages, chain letters, any advertisements, solicitations, pyramid schemes, investment opportunities or other unsolicited commercial communication;
  • Purchase, sell, or offer to purchase or sell any equity or security or market instrument; provide information designed to manipulate any equity or security or market; or disseminate or transmit any material, non-public information about companies without authorization to do so;
  • Collect, use, or store any personally identifiable information about other users, or otherwise violate the personal privacy rights of others;
  • Impersonate any person or entity (including a Site agent, user, or moderator), or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Post any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation except in areas that are expressly designated by Artvilla.com LLC websites for such purpose;
  • Disseminate or transmit any User Submission that infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right; or use or distribute third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality, fiduciary duty, or similar duty;
  • Violate any law (whether local, state, national, or international), whether or not intentionally;
  • Forge headers or otherwise intentionally disguise the origin of any content or communication; interfere with or disrupt Artvilla.com LLC websites, or servers or networks connected to Artvilla.com LLC websites; or disobey any requirements, procedures, policies, or regulations of networks connected to Artvilla.com LLC websites;
  • Make any User Submission related to partisan political campaigning or fundraising.
  • Express or imply that any statements you make are endorsed by us;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of Artvilla.com LLC websites;
  • Obtain, copy, monitor, index or data mine through the use of a robot, spider, any automated device, or any manual process, Artvilla.com LLC websites or the contents (except as expressly permitted by Artvilla.com);
  • Remove any copyright, trademark or other proprietary rights notices contained in Artvilla.com LLC websites;
  • ”Frame” or “mirror” any part of Artvilla.com LLC websites; or
  • Engage in any other activity deemed by Artvilla.com to be in conflict with the spirit or intent of this agreement or that might violate the rights of others or give rise to liability.

You understand that by using Artvilla.com LLC websites, you may be exposed to content that may offend you or challenge your beliefs. Your remedy is to avoid such content by discontinuing your access.

Content and Non-Endorsement

Opinions and other statements expressed by users and third parties are theirs alone, not opinions of Artvilla.com. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. Artvilla.com LLC websites and third parties may provide links to web pages, web sites, and various resources or locations on the web. Artvilla.com has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information.

Use of RSS Feeds

Some of Artvilla.com LLC websites may provide an RSS feed (the “Feeds”).  Individuals may use the Feeds free of charge for their personal, non-commercial use only. When using the Artvilla.com feeds, we ask that you provide attribution to Artvilla.com including at a minimum a linked logo, a link that returns to the original URL and that you set the canonical tag to Artvilla.com. Artvilla.com reserves the right to disable, to change, or to cease distribution of Feeds at any time, and reserves the right to require individuals to cease any and all use of the Feeds at any time for any reason. To request permission to make commercial use of the Feeds, please contact us at [email protected].  Artvilla.com will consider such submitted requests, but is not obligated to grant any specific permission request.

Artvilla.com Sites DMCA Copyright Infringement Claim Policy

Artvilla.com respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity.  Artvilla.com has the right to prohibit infringers from using our Sites.

If you believe your work has been copied and posted on or through Artvilla.com LLC websites in a way that constitutes copyright infringement, please send Artvilla.com’s Copyright Agent a notification of claimed infringement with all of the following information:

(a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on Artvilla.com LLC websites (providing the URL(s) of the claimed infringing material satisfies this requirement);

(c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;

(d) 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;

(e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and

(f) your physical or electronic signature.

Artvilla.com’s Copyright Agent for notification of claimed infringement can be reached as follows: Artvilla.com LLC, 2547 Choctaw Trace, Murfreesboro, Tennessee 37129 (615)663-9558 ,[email protected]

Upon receipt of a Notification of Copyright Infringement from a copyright owner that contains the required information described in (a) through (f) above, Artvilla.com will notify the user, if known, of the alleged infringement and remove or disable access to the material that is alleged to be infringing if hosted on Artvilla.com LLC websites.  No personal user information is shared with the copyright owner unless required by law.

If Artvilla.com receives more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” Artvilla.com reserves the right to terminate the accounts of “repeat copyright infringers.”

Procedure to File a DMCA Counter-Claim

If you have received a notice of copyright infringement and you believe that a copyright holder has accused you in error, you may file a DMCA Counter-Claim with Artvilla.com’s designated agent.

To be effective, a Counter-Claim must be a written communication provided to Artvilla.com’s designated agent and must include the following information:

(a) A physical or electronic signature of the user;

(b) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(c) A statement under penalty of perjury that the user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

(d) The user’s name, address and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the user’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a DMCA Counter-Claim, Artvilla.com will provide the complaining party with a copy of the DMCA Counter-Claim. When Artvilla.com receives a Counter-Claim that meets the requirements of the DMCA, Artvilla.com will process the Counter-Claim in accordance with the requirements of the DMCA.

Limitation of Liability and Us

Artvilla.com has worked to ensure the accuracy of the information it provides through its products and services, including through Artvilla.com LLC websites. This information frequently relies on data obtained from many sources, however, and Artvilla.com cannot guarantee the accuracy of the information provided or any analysis based thereon.

YOU EXPRESSLY AGREE THAT THE USE OF ARTVILLA.COM’S PRODUCTS AND SERVICES, INCLUDING ARTVILLA.COM LLC WEBSITES, IS AT YOUR SOLE RISK. SUCH PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND ARTVILLA.COM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ARTVILLA.COM DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. NO ADVICE, OPINION OR OTHER INFORMATION OBTAINED THROUGH ARTVILLA.COM LLC WEBSITES OR FROM ARTVILLA.COM, ORALLY OR IN ANY MEDIA, SHALL CREATE ANY WARRANTY FROM ARTVILLA.COM NOT EXPRESSLY STATED IN THIS AGREEMENT.

EXCEPT AS OTHERWISE STATED, ARTVILLA.COM MAKES NO WARRANTY OR REPRESENTATION REGARDING OF CONFIDENTIALITY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THIS SITES OR ANY WEBSITE LINKED TO ARTVILLA.COM LLC WEBSITES. YOU AGREE THAT NEITHER ARTVILLA.COM, NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO ARTVILLA.COM LLC WEBSITES, ARE RESPONSIBLE FOR THE CONFIDENTIALITY OF ANY INFORMATION, (INCLUDING WITHOUT LIMITATION CREDIT CARD INFORMATION, PERSONALLY IDENTIFIABLE INFORMATION, INCLUDING EMAIL ADDRESS, PHONE NUMBER, ETC.), AND NEITHER ARTVILLA.COM NOR ANY OTHER PROVIDERS OF PRODUCTS OR SERVICES RELATED TO ARTVILLA.COM LLC WEBSITES ARE RESPONSIBLE FOR ANY DAMAGES THAT MAY ARISE FROM DISCLOSURE OF SUCH INFORMATION.

ARTVILLA.COM AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS AND OTHER REPRESENTATIVES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING LOST PROFITS OR COSTS OR ATTORNEY’S FEES, UNDER ANY LEGAL THEORY INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, OR STRICT LIABILITY, REGARDLESS OF WHETHER ARTVILLA.COM MONTHLY WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

IN STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, ARTVILLA.COM’S LIABILITY, AND THAT OF ITS SUBSIDIARIES, AFFILIATES OR PARENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, BUSINESS PARTNERS, INFORMATION PROVIDERS AND LICENSORS AND THEIR RESPECTIVE HEIRS AND ASSIGNS IS LIMITED TO THE FULLEST EXTENT ALLOWED BY SUCH STATES’ LAWS.

Artvilla.com assumes no responsibility or liability arising from the content of Artvilla.com LLC websites nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within Artvilla.com LLC websites or accessed through Artvilla.com LLC websites. Artvilla.com also does not warrant that the functions or informational materials contained in or accessed or downloaded through our Sites are free of computer viruses or other harmful components. In addition, although we make a good faith effort to update the content of our Sites periodically, we do not have a duty to update information contained in our Sites, and we will not be liable for any failure to update such information.

Artvilla.com LLC websites make no representation that information content provided on Sites is applicable or appropriate for use in locations outside the United States. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable contents and online conduct.

Indemnification

You agree to indemnify, defend and hold Artvilla.com, its affiliates, licensors, suppliers, advertisers and sponsors, and its and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this agreement, including any violation of these Terms & Conditions; (b) any allegation that any Submissions by Users infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with Artvilla.com LLC websites.

Special Agreement on Fee-Shifting and Choice of Law

If you attempt to bring any legal action against Artvilla.com based in any way on its products or services, including Artvilla.com LLC websites, you agree that, in the event you do not prevail or Artvilla.com does prevail, you will reimburse Artvilla.com for any costs and attorneys fees associated with their defense of the action.

The use of Artvilla.com LLC websites and any claim or dispute relating to Artvilla.com LLC websites shall be governed by the laws of the District of Columbia, without regard to its conflicts of law principles. Exclusive venue for any claim shall be in the state and federal courts located in the District of Columbia. Use of Artvilla.com LLC websites is unauthorized in any jurisdiction that does not affect all provisions of these Terms & Conditions, including without limitation this paragraph.

Severability

If any provision or portion of these Terms & Conditions is held in whole or in part to be unenforceable for any reason, the remainder of that provision and of the entire agreement will be severable and will remain in effect, to the fullest degree consistent with the intent of this document.

 

YouTube API Condition of Use.

When you access or use our video searches, you are the user of the YouTube API Services, please read the documents comprising your API terms of service YouTube agreements carefully and make sure you understand them. If you disagree with any aspect of the Agreement, you do not have our permission to, and you must not, access or use any of our video galleries.

The videos we provide are video searches which use the YouTube API. The videos may change because they are searches. While we cannot guarantee the results of the searches, we can blacklist any video which could appear. If a video search turns up a video you don’t like or that you own and wish to be removed, we can do that. Contact us at [email protected]