Discover how easy it is to create your own Artistry Testimonial and how easy it is to share with friends and customers!
Thank you for visiting www.artistrytestimonials.com (our "Site"). This Site is powered by Amway Corp. and made available by Amway as a service to current Amway North America Independent Business Owners in good standing and Amway Customers. All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the "Terms"). As used herein, the terms "our," "we," and "us" refer to Amway unless the context clearly provides otherwise.
YOUR USE OF OUR SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS. PLEASE READ THEM CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OUR SITE. IF YOU ARE AN AMWAY IBO, YOU ARE ALSO BOUND BY ADDITIONAL TERMS AND CONDITIONS CONTAINED IN YOUR AMWAY AUTHORIZATION AND CONTRACT AND THE IBO RULES OF CONDUCT.
1 SITE USE GENERALLY
1.1 Your User License
You are granted a limited, nonexclusive, nontransferable license to access the Site, its content and functionality in accordance with these Terms. If you are an IBO under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States and contains information that is appropriate for access and use in the U.S., Canada, Puerto Rico, U.S. Virgin Islands, Guam, Pacific Islands of American Samoa, Federal States of Micronesia, Marshall, Northern Mariana, Palau, Wake, and the Atlantic and Caribbean Islands operating under the AMWAY® Business Ownership Plan. We make no representation that any materials on the Site are appropriate or available for use outside the Applicable Markets, and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products or services are applicable only to those available in the Applicable Markets, and any product claims and comparisons to other products on the Site apply within the Applicable Markets only. Those who access this Site from other locations do so according to their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside.
We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, indemnify and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys' fees, resulting from your use or misuse of the Site. Posting, uploading, creating or transmitting any unlawful, infringing, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.
1.2 Limitations on Your Use
No material from our Site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way, without Amway's prior written permission, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only, provided that (i) you keep intact all copyright and other proprietary notices, and (ii) you make no modifications to the materials. In addition, you may create and display Flyers using the functionality of the Site provided that such Flyers, including your creation and display thereof, comply with these Terms. You may not, without our prior written permission, frame or mirror any material contained on this Site on any other server. The unauthorized use of any such material on any other website or computer environment is expressly prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to Amway or its licensors.
1.3 Privacy and Your Personal Information
Your use of our Site is also subject to the terms of our Privacy Statement. You acknowledge that you have read and understand our Privacy Statement, and consent to the use of any personal information you provide in accordance with the terms of, and for the purpose set forth in, our Privacy Statement.
1.4 Site Identifiers
It is your responsibility to safeguard the password you use to access our Site, and to promptly advise Amway if you ever suspect that your password has been compromised. We strongly encourage you to change your password regularly to prevent unauthorized access. You acknowledge sole responsibility for any and all use of our Site conducted with your user name and password.
1.5 Links to Other Websites
1.6 Intellectual Property Rights
The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters generated by or related to the Site, are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through or generated by the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Amway's prior written permission.
Amway, the Amway logo, and all product names, company names, and all other trademarks and logos, unless otherwise noted, are trademarks and/or trade dress of Alticor Inc. in the United States, or its affiliates or other companies under common ownership or control or their licensors (the "Marks"). The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
Please note that U.S. Patent 6,980,962 may apply to portions of this website. One or more other patents may also apply to this website, including without limitation: U.S. Patent Nos. 5,528,490; 5,761,649; and 6,029,142.
2 CONTENT POSTED OR UPLOADED BY USERS
All information, data, text, software, music, sound, photographs, graphics, images, Flyer, messages, products, services, and other materials posted or uploaded to the Site or uploaded using the Site functionality, by users, including you ("Content"), are the sole responsibility of the person by whom the Content was posted or uploaded. This means that even if the Content is used in a Flyer or other work generated by the Site, you, and not us, are solely responsible for all Content that you upload, post, transmit, or otherwise make available through or on the Site. You are also solely responsible for all Content posted or uploaded under your user name account. You represent and warrant that (i) you own or otherwise control all of the rights in and to the content that you post or upload; (ii) that the content is accurate; (iii) use of the Content you supply does not violate these Terms; (iv) the Content does not infringe, violate, or interfere with any intellectual property or other rights of any third party and does not violate any applicable law or regulation; and (v) the Content will not cause injury to any person or entity.
Should Content be deemed illegal, we will cooperate with the proper authorities, including but not limited to submitting all necessary information to them.
If we determine, in our sole discretion, that any Content submitted, posted or uploaded by you is offensive or inappropriate, we may remove it immediately or ask you to retract, recall, delete or modify the Content in question or take other action with respect to the Content. If you fail to meet our request within the time specified, we may remove and/or take other action with respect to the Content. We have no obligation, however, to restrict or monitor Content in any way.
You may see or read things that you do not like or agree with on our Site. You understand that by using our Site, you may be exposed to Content that you consider offensive, indecent, or objectionable.
Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, uploaded, distributed, transmitted, or otherwise made available through the Site.
We do not control the Content posted or uploaded on or through the Site and, therefore, we do not guarantee the accuracy, integrity, or quality of such Content. You are solely responsible for any use or reliance on the Content, including on its accuracy, completeness, or usefulness.
You acknowledge that we are under no obligation to pre-screen Content, but that we and our designees shall have the right (but not the obligation) in our sole discretion to refuse or remove any Content that is available through our Site. Without limiting the foregoing, we and our designees shall have the right to remove any Content that violates these Terms or any other Amway policy or is otherwise objectionable, in our sole discretion.
Any material, information, or idea you submit to us or the Site by any means may be disseminated or used by us without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. We have no obligation to keep any submissions confidential, return any materials that you submit to us, or compensate you for the use of any such materials under any circumstances. You hereby irrevocably waive any claims based on our use of any materials, ideas, or information that you submit to us.
We reserve the right to monitor some, all, or none of the areas of the Site for adherence to these Terms. You acknowledge that by providing you with the ability to post or upload information and materials on the Site, we are acting as a passive conduit for distribution and we are not undertaking any obligation or liability relating to any postings or activities on the Site.
Assignment and Consent and Release.
By uploading, placing, or posting Content to or through the Site, you assign to us all right, title and interest, including but not limited to any copyrights, that you have in the Content and you grant us your perpetual, irrevocable, worldwide, royalty-free, non-exclusive, and fully sublicensable consent and release to use your name, likeness, voice, quotes and statements, in whole or in part),in any format or medium now known or later developed, in any manner for any purpose associated with us, our affiliates, our business and our products. You hereby irrevocably waive any claims based on "moral rights" and similar theories, if any. Please note, however, that certain activities (e.g., contests) that involve the submission of Content by you may have terms applicable to your Content that differ from those above. In the event such terms differ with these terms, such terms will govern and have precedence over these terms with respect to your Content.
3 YOUR CONDUCT
Your Authorization to Use the Site. Your authorization to use the Site and to create/display Flyers using Site functionality depends on your compliance with the Terms and the conduct guidelines set forth below. If you fail to conduct yourself appropriately, we may revoke your privileges to use all or a portion of the Site and/or take other appropriate measures to enforce these conduct guidelines.
Conduct Guidelines. The following is a non-inclusive list of behaviors that are not permitted on the Site, when creating Flyers on the Site, or when displaying/showing those Flyers. You agree not to:
3.2.1. upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically, or otherwise objectionable;
3.2.2. harm minors in any way;
3.2.3. impersonate any person or entity, including, but not limited to, any of our members, company officials, directors, shareholders, agents, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3.2.4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted, transmitted, or otherwise made available through the Site;
3.2.5. upload, post, or otherwise transmit any Content that you do not have a right to upload, post or otherwise transmit 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);
3.2.6. upload, post, or otherwise transmit any Content or otherwise engage in any activity that infringes, violates, or interferes with any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
3.2.7. upload, post, or otherwise transmit unsolicited commercial email or "spam." This includes unethical marketing, advertising, "chain letters," or any other practice that is in any way connected with "spam," such as (a) sending mass email to recipients who haven't requested email from you or with a fake return address, (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
3.2.8. upload, post, or otherwise transmit any material that contains software viruses, Trojan horses, malware or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or intercept messages sent from a computer or communications device;
3.2.9. interfere with or disrupt the Site, servers, or networks connected to the site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
3.2.10. intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
3.2.11. "stalk" or otherwise harass another;
3.2.12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades, and other weapons or incendiary devices;
3.2.13. offer for sale or sell any item, good, or service through our Site except through the authorized use of the Site functionality in accordance with these Terms, to create and distribute Flyers about Amway products;
3.2.14. use the Site as a forwarding service to another website;
3.2.15. allow usage by others in such a way as to violate these Terms or any other Amway policy;
3.2.16. take any steps to interfere with or in any manner compromise any of our security measures;
3.2.17. use the Site for fraudulent purposes;
3.2.18. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
3.2.19. sell, lend, lease, trade, rent, barter, sublicense, assign, transfer, or grant rights in any manner to your user name, or password, including, without limitation, on or through the use of any third-party website or service;
3.2.20. copy the Site or any portion thereof (other than as provided under United States copyright laws);
3.2.21. remove any proprietary notices from the Site;
3.2.22. cause, permit, or authorize the modification, creation of derivative works, or translation of the Site without our express permission;
3.2.23. sell, assign, rent, lease, act as a service bureau, or grant rights in the Site including, without limitation, through sublicense, to any other person or entity;
3.2.24. attempt to decompile, reverse engineer, disassemble, modify, or hack the Site or to defeat or overcome any encryption and/or digital rights management technology implemented by us with respect to the Site and/or data transmitted, processed, or stored by us or the Site;
3.2.25. use the Site in any manner not permitted by these Terms, or otherwise exceed the scope of our services that you have signed up for (i.e., by accessing and using the tools that you do not have a right to use).
4 SITE WARRANTY DISCLAIMER
OUR SITE AND ITS CONTENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, CORRECTNESS, INTEGRITY, RELIABILITY, CURRENCY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THIS SITE OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE. WE DO NOT WARRANT THAT THE OPERATION OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS SITE IS FREE FROM VIRUSES AND OTHER HARMFUL COMPONENTS TO EQUIPMENT OR SOFTWARE.
5 LIMITATION OF LIABILITY
IN NO EVENT WILL WE BE LIABLE, NOR DO WE ASSUME RESPONSIBILITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE (OR THE CONTENT OR SERVICES PROVIDED ON, OR ACCESSIBLE FROM, THIS SITE), OR OTHERWISE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6 GENERAL TERMS
6.1. Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information you believe to be incorrect, please contact us as described in the "Contact Us" section, below, and we'll verify it for you.
6.2. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of the State of Michigan, USA, without giving effect to conflict of law principles. Any controversy or dispute arising out of your use of our Site shall be submitted to the dispute resolution procedures found in the Amway Rules of Conduct, if you are an Amway IBO. If you are not an Amway IBO, you irrevocably consent to the personal jurisdiction of any state or federal court located in, or whose district includes, Kent County, Michigan, USA. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of any remaining provisions.
6.3. Changes to These Terms
We reserve the right, in our sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.
6.4. Contact Us
If you have any concerns about the Site or these Terms, please send us email at email@example.com We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
6.5. Notice and Procedure for Making Claims of Intellectual Property Infringement
Amway respects the intellectual property rights of others and expects its users to do the same. Amway may remove content that in its sole discretion appears to infringe the rights of others. If you believe that any content posted on Amway.com infringes your intellectual property rights, please notify Amway's Intellectual Property Agent pursuant to the following instructions: Notifications of claimed infringement should be sent to the following Designated Agent for this site: Michel Terry, Alticor Inc., 7575 Fulton Street East, Ada, MI 49355-0001, Telephone: 616-787-7833, Facsimile: 616-787-4306, Email: firstname.lastname@example.org. (For matters other than intellectual property rights infringement, call 800-253-6500) To be effective, the notification must be a written communication to the above Designated Agent that includes the following:
1. A physical or electronic signature of the intellectual property rights owner or one authorized to act upon their behalf;
2. Identification of the right claimed to have been infringed, or, if multiple rights at a single online site are covered by a single notification, a list of the multiple rights that have been infringed at that site;
3. 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 the service provider to locate and remove the material;
4. Information enabling the service provider 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;
5. 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 rights owner, its agent, or the law; and
6. 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 the right that is allegedly infringed
Updated and effective February 25, 2013.
© 2013 Amway Corp,
all rights reserved.
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