Terms of Use

(This disclaimer was last updated April 25, 2012)

Welcome to the ArtSites.ca website creation service (the "Service"). The Service is operated by Lustrio Media Inc. (the "Company"). Any person accessing or using the Service ("User") must comply with the Terms of Use set out below. These Terms of Use relate both to any person viewing "Content" (defined in Section 4) and also to all registered members who contribute and make use of the Service, including on a trial basis.

We reserve the right to amend these Terms of Use at any time without notice. We will post any changes to these Terms of Use on this page and will indicate at the top of this page the date of revision. Your use of the Service after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not continue to use or access the Service. It is your responsibility to regularly check the Service for changes to these Terms of Use.

Our web-based Service allows Users to create and update an online website. Once registered, each User receives his or her own website and may post Content. Any new features on the Service, including the release of new ArtSites.ca tools and resources, shall be subject to these Terms. To use the Service, the User must have access to the Internet, either directly or through devices that access web-based Content, and the User must pay any fees associated with Internet access. In addition, the User must provide all equipment necessary to make such connection to the Internet, including a web-enabled computer. The Service may include certain communications from us, such as service announcements, administrative messages, and the ArtSites.ca Newsletter. These communications are considered part of the ArtSites.ca membership. The User may not access the Service by any means other than through the Service interfaces we provide.

For as long as we continue to offer the Service, we will provide and seek to update, improve and expand the Service. As a result, we allow Users to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for one or all Users in our sole discretion. All of these changes shall be effective upon their posting on the Service site or by direct communication to Users unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of a User's account, with or without notice if deemed by the Company to be contrary to this Agreement. For avoidance of doubt, we have no obligation to store, maintain or provide Users a copy of any Content that a User or others provide when using the Service.

1. In using the Service, you agree to provide accurate and current information about yourself that's required during the registration process and to ensure the security of your password. You also agree to keep the registration data up-to-date if changes occur and to be responsible for your account and for any actions that take place using it.
2. In using or accessing the Service you agree not to impersonate any person or company, misrepresent yourself, your age or your connection with any person or company.
3. The Company is not responsible for the behaviour of any Users of the Service. Due to the nature of the internet the Service is accessible by persons in all parts of the world and Users should treat all Service Content with appropriate caution. The Company does not operate a policy of reviewing messages which are posted on the Service.
4. All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other contents you post on the Service ("Content") are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. The Company do not control the Content you post via the Service.
5. Foul or abusive language, flaming and the discussion of illegal activities is not tolerated on the Service. Any User who is, through their actions or events, found to be detrimental to the Service will have their account suspended or terminated without notice and the Company may report such activity to their Internet Service Provider or relevant authorities. Likewise if, after any such ban, the User re-enters the Service under a different identity and carries on with such behaviour.
6. The Company reserves the right to edit or remove any Content posted on the Service at its discretion and in particular if the Company considers that Content is offensive, violates copyright, or is the subject of a complaint by another User. Users should be aware that the Company does not generally monitor Service Content.
7. Users may not post any Content on the Service which is in breach of any applicable civil or criminal law or regulation (including in particular laws relating to obscene and pornographic publications and libel) or which could be considered offensive, threatening or misleading in any way.
8. Do not use the Service to post any kind of advertising unless you have permission to do so. Any links which the Company feels are a breach of this rule will be deleted.
9. All Content on the Service including words, photos, graphics and other files is the property of the Company or its Users with all rights reserved. No Service Content may be copied, distributed or reproduced/republished or sold in any form, in whole or in part, without the Company's or the User's prior written permission.
10. The Company respects the intellectual property rights of others and prohibits Users from uploading or posting any Content on the Service that violates another party's intellectual property rights.
11. The Company has no responsibility for the completeness, truth or accuracy of any Content posted on the Service by Users. Service Content which is contributed by Users does not constitute any advice, representation or recommendation on the part of the Company.
12. The Company reserves the right to edit User comments that include links to other web sites when the Company thinks the link is not appropriate and could affect the Company's business or reputation.
13. Any User who considers that any Content posted on the Service contravenes any of these Terms of Use are invited to report such Content to us.
14. In using or accessing the Service, you agree not to collect email addresses or other contact information of Users by any means for the sole purpose of sending unsolicited emails or other communications.
15. How the Company collects, protects and uses User Registration Data and certain other information about Users is contained in the Company's Privacy Policy, which is part of these Terms.
16. If a User cancels the Service, cancellation will take effect immediately. After cancellation, the User will no longer have access to his or her web site and the Company may delete all information on said web site. The Company accepts no liability for such deleted information or Content.
17. Users (i) release the Company from any liability arising out of any Content included on the Service which is posted by Users; and (ii) will indemnify the Company against all liabilities, claims and expenses that may arise from any breach of these terms by the User. You agree to indemnify and hold the Company and its directors and employees, harmless from any claims, demands, losses or costs, including reasonable legal fees, due to or arising out of your use of this Service, your breach of these Terms of Use, or your infringement of any law or the rights of a third party.
18. The Company is not liable to any third party for any direct, indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or reliance by any party upon any of the opinions or advice posted by Users on the Service or the breach of these Terms of Use or otherwise) or in respect of any failure to perform its obligations where such failure is caused by matters beyond its reasonable control.
19. Under no circumstances will the Company be responsible for any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service, User Content or third party applications, or any interaction between Users of the Service, whether online or offline.
20. Users agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without the Company's express written permission.