Last Updated: September 25, 2024 

PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE USING WWW.ARTANDRIGOR.COM (THE “WEBSITE”), AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING, BUT NOT LIMITED TO, WAIVERS OF RIGHTS, LIMITATION OF LIABILITY, YOUR INDEMNITY TO US AND MANDATORY ARBITRATION.

This Website is owned and operated by Art and Rigor Productions (“Art and Rigor” or “we,” “our,” or “us”). These Terms of Use apply to this Website and to all interactive features or downloads that are owned or controlled by Art and Rigor Productions, are available through the Website or that interact with the Website and post these Terms of Use.  These Terms of Use govern your use of the Website whether accessed via computer, mobile device, tablet or other means.  You agree to these Terms by accessing or using Website.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE THE WEBSITE.

In some instances, both these Terms of Use and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or feature offered via the Website (“Additional Terms”).  The Additional Terms are incorporated by reference into these Terms of Use.  To the extent there is a conflict between these Terms of Use and any Additional Terms, the Terms of Use will control unless the Additional Terms expressly state otherwise.  You consent to the collection and use of data in accordance with the Website’s Privacy Policy.

You can determine when this Terms of Use was last revised by referring to the “Last Updated” or similar legend at the top of this page.  Any changes to this Terms of Use will become effective upon posting of the revised Terms of Use on the Internet, accessible through this site.

TABLE OF CONTENTS

  • Website Ownership And Permitted Use

  • Product Submissions Prohibited

  • Acceptable Use Policy

  • Mobile Features

  • Third-Party Links

  • Warranty Disclaimer

  • Limitation Of Liability

  • Waiver Of Unknown Claims

  • Indemnification

  • Copyright Policy

  • Non-U.S. Users

  • Term And Termination

  • Arbitration/Governing Law

  • Miscellaneous

Website Ownership and Permitted Use

The Website is owned and operated by Art and Rigor Productions.  The Website and all intellectual property and other rights relating thereto are and will remain the property of Art and Rigor Productions and its licensors.  The Website is protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable.  Except as set forth in these Terms of Use, you may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Website without the prior written permission of Art and Rigor Productions.  You acknowledge that you do not acquire any ownership rights by using the Website.  The Website shall be used solely (a) to the extent permitted in these Terms of Use; or (b) as expressly authorized in writing by Art and Rigor Productions.  The Website is provided for personal and non-commercial purposes only.  Use of the Website for any other purpose is strictly prohibited.  At all times, access and use of the Website is restricted to only lawful purposes.

Art and Rigor Productions reserves the right at any time and from time to time to modify, discontinue, temporarily or permanently, the Website, or any part or portion thereof, with or without notice to you.  You agree that Art and Rigor Productions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website, or any part of portion thereof. Nothing in these Terms of Use shall be construed to obligate Art and Rigor Productions to maintain and support the Website, or any part or portion thereof, during the term of these Terms of Use.

The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the registered and unregistered trademarks of Art and Rigor Productions and/or others. Nothing contained in these Terms of Use or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark(s) without the express written permission of Art and Rigor Productions and/or the third party owner of any such Trademark.

Product Submissions Prohibited

Art and Rigor Productions does not accept unsolicited submissions for motion pictures, television programs, web sites, articles, comic books, e-books, or any other products, services or ideas.  It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of Art and Rigor Productions (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials.  Therefore, please do not make any such unsolicited submissions to Art and Rigor Productions through this Website or by e-mail, text message or otherwise.  However, if you decide to make any such unsolicited submission, you hereby grant to Art and Rigor Productions the right and license to the submission as if it were User Content as set forth above.

Acceptable Use Policy

You agree to abide by all applicable local, state, national and foreign laws, rules and regulations in connection with your use of the Website. In addition, you agree that you will not do any of the following while using or accessing the Website:

  • Disable, hack, circumvent or otherwise interfere with security-related features of the Website or with any features that prevent or restrict use or copying of any Art and Rigor Productions content or materials;

  • Use any metadata, meta tags or other hidden text utilizing a Art and Rigor Productions name, trademark, URL or product name;

  • In any way use the Website to send altered, deceptive or false source-identifying information;

  • Use any scripts, programs or other automated means to access the, or otherwise engage in any ‘data scraping’ or data gathering practices with respect to the Website;

  • Upload, submit, post, email, or otherwise transmit, via the Website, any content or materials that are unlawful, harmful, threatening, obscene, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, are deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or are otherwise objectionable in the sole opinion of Art and Rigor Productions;

  • Destroy, interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Website, servers or networks connected to the Website or the technical delivery systems of Art and Rigor Productions’s providers or break any requirements, procedures, policies or regulations of networks connected to the Website;

  • Attempt to scan, probe or test the vulnerability of any Art and Rigor Productions system or network or breach or impair or circumvent any security or authentication measures protecting and providing security for the Website;

  • Attempt to decompile, disassemble, decipher or reverse engineer any of the software used to provide the Website;

  • Attempt to search, meta-search or access the Website with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by Art and Rigor Productions or other generally available third-party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, Chrome), including any software that sends queries to the Website to determine how a website or web page ranks.

  • Collect or store personal data about other users of the Website without their express and explicit permission;

  • Misrepresent or impersonate your affiliation with any person or entity, or otherwise commit fraud;

  • Use the Website in any manner not permitted by these Terms of Use; or

  • Instruct or encourage any other individual to do any of the foregoing or to break and/or violate any term of these Terms of Use.

Mobile Features

The Website may offer features and services that are available to you via your mobile device. These features and services may include, without limitation, the ability to upload content to the Website, receive messages from the Website, download applications to your mobile device or access the Website’s features (collectively, the “Mobile Features”).  Standard messaging, data and other fees may be charged by your carrier to participate in Mobile Features.  Such fees and charges will appear on the bill you receive from your carrier or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.

Third-Party Links

The Website may contain links to third-party websites for your convenience.  Art and Rigor Productions does not control such linked websites or the content provided through such websites, and Art and Rigor Productions has not reviewed, in their entirety, such websites.  Your use of such linked websites is subject to the privacy practices and terms of use established by each such linked website, and Art and Rigor Productions disclaims all liability for such use.  Such links do not indicate any approval or endorsement by Art and Rigor Productions of any such linked website or any material contained on any such linked website, and Art and Rigor Productions disclaims any such approval or endorsement. Further, descriptions of, or references to, third-party products, services or publications within the Website do not imply endorsement of, and Art and Rigor Productions is not responsible for and disclaims any endorsement of, any such product, service or publication.

Warranty Disclaimer

THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE INFORMATION AND WEBSITE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

There is no warranty, representation or guarantee that the Website, or your use of the Website, will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that the Website, or any information, software or other material accessible from the Website, is free of viruses or other harmful components.  Art and Rigor Productions does not warrant, guarantee, or make any representation regarding the use of, or the results of the use of the Website either in terms of its compatibility with hardware or other software or equipment, and you assume all responsibility and risk for your use of the Website and Information and your reliance thereon.

Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER ART AND RIGOR PRODUCTIONS NOR ANY OF ITS LICENSORS, SPONSORS, AGENTS, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING IN ANY MANNER TO (A) THE WEBSITE, (B) ANY LINKED WEBSITE, (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE WEBSITE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ART AND RIGOR PRODUCTIONS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE WEBSITE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE WEBSITE’S TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF Art and Rigor Productions HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, SO-CALLED ‘ACTS OF GOD’, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE WEBSITE).

YOUR SOLE REMEDY WITH RESPECT TO THIS WEBSITE OR ANY LINKED WEBSITE IS TO STOP USING THE WEBSITE OR LINKED WEBSITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF ART AND RIGOR PRODUCTIONS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE ARISING OUT OF OR RELATING TO THE WEBSITE OR ANY LINKED WEBSITE SHALL BE $100.

Waiver Of Unknown Claims

BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification

You agree that you will indemnify and hold harmless, and upon Art and Rigor Productions’s request, defend, Art and Rigor Productions and its directors, officers, shareholders, employees and agents from and against any and all losses, liabilities, damages, costs, expenses (including reasonable counsel fees), actions, suits and claims arising from any breach of any of your obligations, representations or warranties in these Terms of Use.  If Art and Rigor Productions asks you to defend any such action, suit or claim, Art and Rigor Productions will have the right, at its own expense, to participate in the defense thereof.  You will not settle any third-party claims for which Art and Rigor Productions is entitled to indemnification without the prior written approval of Art and Rigor Productions.

Copyright Policy

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.

If you believe in good faith that materials on the Art and Rigor Productions Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Art and Rigor Productions to locate the material on the Website; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) 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 (f) 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.

Notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.

Notices and counter-notices with respect to the Website should be sent to hello@artandrigor.com 

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.

Non-U.S. Users

Art and Rigor Productions makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Website are appropriate or available for use in other locations.  Accessing the Website from territories where the Website, or any content or functionality of the Website or portion thereof, is illegal is expressly prohibited.  If you choose to access the Website, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

Term and Termination

These Terms of Use are effective from the date that you first access the Website or submit any information to Art and Rigor Productions via the Website, whichever is earlier, and shall remain effective until terminated in accordance with these Terms of Use.  Art and Rigor Productions may immediately terminate these Terms of Use, and/or your access to and use of the Website, or any portion thereof, at any time and for any reason, with or without cause, without prior notice.  Art and Rigor Productions may also terminate these Terms of Use immediately if you fail to comply with any term or provision of these Terms of Use.  Upon termination of these Terms of Use by either party, your right to use the Website shall immediately cease, and you shall destroy all copies of information that you have obtained from the Website, whether made under the terms of these Terms of Use or otherwise.  All disclaimers and all limitations of liability, and all Art and Rigor Productions rights of ownership, shall survive any termination or expiration of these Terms of Use.

Arbitration/Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of California, excluding that body of law relating to conflict of laws.  The parties agree that any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, will be settled by binding arbitration in accordance with California Code of Civil Procedure Section 1280 et seq., and the then-current rules and procedures of JAMS.  The arbitration shall be a confidential proceeding, closed to the general public.  The arbitration will take place in Marin County, California and be conducted in the English language.  The decision rendered by the arbitrator will be binding upon the parties hereto, and any judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.  The parties consent to the jurisdiction of all federal and state courts in California.  Venue will lie exclusively in Marin County, California.  For the sake of clarity, nothing in this paragraph shall affect Art and Rigor Productions’s ability to seek from a court injunctive or equitable relief at any time.

If any arbitration or other proceeding is brought to enforce or interpret these Terms of Use or matters relating to it, the substantially prevailing party, as determined by the arbitrator’s award, will be entitled to recover reasonable attorneys’ fees and other costs and expenses incurred in such arbitration or proceeding from the other party, in addition to any other relief to which such prevailing party is entitled; provided that in no event will the arbitrator have the authority to award punitive damages.

Miscellaneous

You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.  If any provision of these Terms of Use is found to be unlawful, 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 enforceability of any remaining provisions.  These Terms of Use constitute the entire agreement between you and Art and Rigor Productions relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between you and Art and Rigor Productions with respect to such subject matter.  These Terms of Use may not be changed, waived or modified except by Art and Rigor Productions as provided herein or otherwise by written instrument signed by Art and Rigor Productions.  These Terms of Use or any right, obligation, or remedy hereunder is not assignable, transferable, delegable, or sublicensable by you except with Art and Rigor Productions’s prior written consent, and any attempted assignment, transfer, delegation, or sublicense shall be null and void.  Art and Rigor Productions may assign, transfer, or delegate these Terms of Use or any right or obligation or remedy hereunder in its sole discretion.  No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.  Art and Rigor Productions shall have no liability under these Terms of Use to the extent arising from any failure of Art and Rigor Productions to perform any of its obligations under these Terms of Use due to any fire, flood, earthquakes, other so-called ‘acts of God’, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes, or any other event not within Art and Rigor Productions’s reasonable control.