ArtTechSpace's Terms of Use


Welcome to our Website, ArtTechSpace.com (the “ArtTechSpace”). By accessing and using the ArtTechSpace you agree to be bound by these terms and conditions, which include the Privacy Policy, and any guideline, policy or content displayed on ArtTechSpace.  These terms shall take effect immediately upon your first use of ArtTechSpace.
 
The following terms and conditions govern all use of the ArtTechSpace website and all content, services and products available at or through the website, including, but not limited to, ArtTechSpace SmartJobBoard Software, ArtTechSpace PHPBB Forum and the ArtTechSpace Hosting service, (taken together, the Website). The Website is owned and operated by ArtTechSpace ("ATS").
By accessing and using ArtTechSpace you agree to be bound by these terms and conditions and these terms shall take effect immediately upon your first use of the Website. If you do not agree with these Terms and Conditions you should not use or access ArtTechSpace.
 
We reserve the right to revise these Terms and Conditions and all linked information from time to time in our sole discretion by updating this posting or any linked information. Unless otherwise provided, the revised terms will take effect when they are posted.
 
1. Overview
 
ArtTechSpace is an online marketplace that introduces job posters and buyers of professional services (“Employers”) and providers of professional services and job seekers (“Technicians”).  ArtTechSpace contains features that enable “Registered Users”, who are Technicians and Employers, and paid “Subscription” Employers to do, among other things, the following:
Employers: Create profiles, post jobs, search for Technicians, communicate with Technicians, and leave feedback for Technicians.
Technicians: Create profiles, advertise capabilities, communicate with Employers, and obtain feedback from Employers.
 
2. Intellectual Property
 
Except as may be stated, all intellectual property in ArtTechSpace or any of its content including but not limited to all copyright, trade marks and names, text, graphics, branding and website design are the property of or licensed to the owners of the Website or are otherwise used lawfully and with authority.
You agree and acknowledge that in accessing ArtTechSpace you do so only for your own personal use and benefit.  None of the content contained on ArtTechSpace may be downloaded, copied, reverse engineered, sold, broadcast, distributed or used for any commercial purpose except that you may download and copy content from ArtTechSpace for your own personal non-commercial use.
 
3. Responsibility of Contributors
 
If you post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
 
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
 
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content;
 
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
 
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
 
- the Content is not spam, is not machine or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
 
- the Content is not pornographic, does not contain threats, incite violence or discrimination and does not violate the privacy or publicity rights of any third party;
 
- your content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, blogs and web sites, and similar unsolicited promotional methods;
 
- your content is not named in a manner that misleads your readers into thinking that you are another person or company; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by ATS or otherwise.
 
4. Cookies
 
ArtTechSpace uses cookies to monitor browsing preferences, customise content, advertising and to maintain your signed in status.  Third parties may also be placing and reading cookies on users’ browser, or using web beacons to collect information, in the course of ads being served on the website. By using the site you agree to the use of cookies.
 
You are always free to decline our cookies if your browser permits, although doing so may interfere with your use of some of our site or services.
 
5. Accuracy
 
Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on ArtTechSpace for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors.  We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
 
6. Use at your own risk
 
Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
 
7. Registration
 
A. Eligibility.
Art Tech Space shall have absolute discretion as to whether or not we accept, refuse, suspend, or terminate a particular user for participation in the service. To access our services through ArtTechSpace, you must be a legal entity, or an individual of eighteen (18) years of age or older. To become a Registered User, you must accept all of the terms and conditions in, incorporated by reference in, and linked to, these Terms and Conditions. By becoming a Registered User, you agree to abide by the Terms and Conditions and the processes, procedures, and guidelines described throughout the Website.
 
B. Registration.
To become a Registered User and to access services you must register for an account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on ArtTechSpace, and to update this information to maintain its truthfulness, accuracy and completeness.
 
C.  Accounts and Profiles.
Once you have registered with ArtTechSpace as a Registered User, the ArtTechSpace will create your account with ArtTechSpace and associate it with an account number.
 
D. Username and Password.
During registration, you will be asked to choose a username which is your email address and a password for the account. As a Registered User, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Website. You authorise ArtTechSpace to assume that any person using ArtTechSpace with your username and password is you or is authorized to act for you. You agree to notify us immediately if you suspect any unauthorised use of the Account.
 
8. Employer subscription
 
In order to post jobs and contact Technicians, Employers must pay the Subscription Fee.  
 
In exchange, ArtTechSpace will provide the following for 30 days:
  • Unlimited job posting on ArtTechSpace.
  • Access to full Technician profile information on ArtTechSpace, including their email contact information.
  • The ability to contact registered Technicians through the ArtTechSpace website.
 
Payment of the Subscription Fee does not guarantee that the Employer will find suitable Technicians to do the job.
 
ArtTechSpace will notify Employers when the subscription period (30 days) starts and will also send a courtesy notification when the subscription period ends.
 
The Subscription Fee may be waived at ArtTechSpace’s discretion.
 
If for some reason ArtTechSpace is unable to provide any or all of these services we will happily refund the proportion of your Subscription Fee.  For example, 1 day lost service = 1/30 of your Subscription Fee.  
 
9. Relationships
 
A.  Employer and Technician.
 
i. Project Agreement.
The engagement, contracting and management of a project are between an Employer and a Technician. Employers are to specify and describe their project requirements. Technician makes no warranty for the accuracy or completeness of any information provided by the Employer or Technician.
 
When a project or job is awarded by an Employer and the Technician has accepted, the Employer agrees to purchase, and the Technician agrees to deliver, the services and related deliverables in accordance with the following agreements:
(a) the agreement between Employer and Technician including any job or project description, and other terms and conditions as communicated between Employer and Technician on the Website or otherwise, (b) these Terms of Service:
 
The Employer is responsible for managing, inspecting, accepting and paying for satisfactory services and deliverables in accordance with the job or project description in a timely manner.
 
The Technician is responsible for the performance and quality of the services in accordance with the Project Agreement in a timely manner.
 
The Employer and Technician each agrees to act with good faith and fair dealing in performance of the Project Agreement.
 
You agree not to enter into any contractual provisions in conflict with these Terms and Conditions. Any provision of a Project Agreement in conflict with these Terms and Conditions is void.
 
ii. Independence.
Employer and Technician each acknowledges and agrees that their relationship is that of independent contractors. The Technician shall perform services as an independent contractor and nothing in these Terms and Conditions shall be deemed to create a partnership, joint venture, agency, or employer-employee relationship between Technician and Employer or between the Website ArtTechSpace and any Employer or Technician.
 
B. Registered Users and ArtTechSpace
 
i. General.
All rights and obligations for the purchase and sale of services or other deliverables are solely between an Employer and a Technician. ArtTechSpace will not provide any Technician with any materials or tools to complete any Project. Employers and Technicians must look solely to the other for enforcement and performance of all the rights and obligations arising from Project Agreements and any other terms, conditions, representations, or warranties associated with such dealings. ArtTechSpace is not a party to the dealing, contracting and fulfilment of any Project or Job between an Employer and a Technician. ArtTechSpace has no control over and does not guarantee the quality, safety or legality of any services performed or deliverables created, advertised, the truth or accuracy of project listings, the qualifications, background, or abilities of Registered Users, the ability of Technicians to perform services, the ability of Employers to pay for services, or that an Employer or Technician can or will actually complete a Project or Job. ArtTechSpace is not responsible for and will not control the manner in which a Technician operates and is not involved in the hiring, firing, discipline or working conditions of the Technician.
 
ii. Third-Party Beneficiary of Project Agreement.
Employer and Technician each acknowledges and agrees that the value, reputation, and goodwill of ArtTechSpace depend on their performance of their covenants and agreements as set forth in their Project Agreement. Employer and Technician therefore appoint ArtTechSpace as a third-party beneficiary of their Project Agreement for purposes of enforcing the obligations owed to, and the benefits conferred on, ArtTechSpace  by these Terms of Service. Employers and Technicians further agree that ArtTechSpace has the right to take such actions with respect to the Project Agreement or their Accounts, including without limitation, suspension, termination, or any other legal actions, as ArtTechSpace in its sole discretion deems necessary to protect the value, reputation, and goodwill of the Website.
 
iii. Taxes.
Registered Users are responsible for payment and reporting of any taxes. ArtTechSpace is not obligated to determine the applicability of any taxes or to remit, collect or report any such applicable taxes.  You agree that you will abide by any and all applicable tax statutes, regulations and common law.
 
10. Notifications
 
ArtTechSpace uses email and site notifications as part of the normal running of the site, such as to keep users up to date with jobs they have posted, applications and communication between Employers and Technicians, password resets and other notifications for the smooth running of the site. Registered Employers and Technicians will get occasional email and site notifications from ArtTechSpace, such as; when registering their account, when posting jobs, when applying for jobs, etc.   By registering on the site Employers and Technicians agree to receive these emails and site notifications.  
 
Updates from ArtTechSpace: Users can also sign up to receive updates from ArtTechSpace.  These updates are different from notifications, and users can unsubscribe from these updates at any time.
 
11. General disclaimers
 
A. Employers
You acknowledge that it is your responsibility to select a Technician and to negotiate the terms of any work to be performed by the Technician you have selected and that ArtTechSpace makes no warranty regarding any goods or services purchased or obtained through an introduction made via ArtTechSpace or the services or any transactions entered into through ArtTechSpace.
 
You acknowledge that when posting jobs it is your responsibility to provide accurate information about the job and working conditions.  
ArtTechSpace relies on information supplied by Technicians in the database accessible via the Website and does not recommend or endorse any specific Technician.
ArtTechSpace provides no guarantee that a Technician that has been passed a Employer's Job information, or has been contacted by the Employer directly, will contact the Employer.
ArtTechSpace cannot accept any liability in respect of any contract or other agreement entered into between the Customer and the Technician. In particular, but without limitation, ArtTechSpace can accept no liability relating to the quality or fitness of any Work performed or omitted to be performed by any Technician and accordingly shall not be liable to the Employer for any occurrence resulting from the introduction of the Technician to the Employer including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Employer howsoever arising.
 
Employers who pay the Subscription Fee are able to view full Technican profile information, including their email address, for a limited time.  This is so they can find the right person for the job and contact them for the purposes of doing work.  Employers agree to use this information and these details for this purpose only.  Employers agree that they will not keep Technician profile details, including email addresses after their Subscription period has ended.  Users, such as recruitment agencies are explicitly prohibited from keeping any Technician profile information after the Subscription period has ended.
 
When posting a job, limited contact details for the Employer will be publicly visible. By posting a job to the site you agree to ArtTechSpace sharing your contact information in this way.
 
B. Technicians
ArtTechSpace relies on Employers to specify and describe their Job requirements. The Company makes no warranty for the accuracy or completeness of any information provided by the Employer.
ArtTechSpace makes no guarantee to refer any Jobs to a Technician.
As the Employer retains the right to modify or withdraw its Job in the absence of a contract or other binding agreement with a Technician, ArtTechSpace makes no warranty as to the availability or suitability of a specific Job.
 
As a Technician, you must ensure that you are legally able to do a Job. In addition, you must ensure that you are legally able to perform the work specified in the Job description.
ArtTechSpace is not party to any contract made between the Employer and the Technician in relation to a specific Job and will not be liable to the Technician for any occurrence resulting from the introduction of the Employer to the Technician including but not limited to any direct, indirect or consequential or inconsequential loss of any kind suffered by the Technician howsoever arising.
 
Technicians can create profiles on the site advertising their skills, experience and knowledge.  All users can view limited versions of these profiles.   Registered Employers who have active paid Subscription are able to view detailed Technician's profiles and contact details for Technicians, including email addresses. By Registering and creating a Technician profile, Technicians agree to sharing their information in this way.
 
C.  Jobs posted by ArtTechSpace
Occasionally ArtTechSpace will post jobs on the site that were found publicly on the internet on behalf of Employers not registered on the site.
 
ArtTechSpace will make it clear that these jobs have been posted on behalf of another Employer.  
 
By posting jobs on behalf of an Employer, ArtTechSpace does not in any way enter into any agreement or contract with the Employer and will not take any liability for any occurrence resulting from this posting.
 
While ArtTechSpace will do it’s best to make sure these posting are accurate, ArtTechSpace
does not guarantee the the availability or suitability of a specific Job or the accuracy of these job postings.  We expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Updated March 2017.