Acceptance of Terms
Description of Service
Artsicle provides tools for artists on the Site to create their own website (“Artist Website”) to display images, upload content, communicate and display their artwork or other products (collectively “Website Content”). You agree that from time to time Artsicle may perform services for you to assist you with your Artist Website or assist you with your use of materials or content. You agree that Artsicle shall not be liable for providing such services and assistance to you.
You agree that Artsicle is a venue and as such is not responsible or liable for any content, including data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Artsicle. In addition, Artsicle is not responsible for any communication or transactions between you and any of your potential or actual buyers. You use the Artsicle service at your own risk.
Membership Eligibility and Compliance
Age: Artsicle's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Artsicle may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Artsicle's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance with Laws: You agree to comply with all local laws regarding online conduct and acceptable content. In addition, you must abide by Artsicle's policies as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Artsicle, each of which is incorporated herein by reference and each of which may be updated by Artsicle from time to time without notice to you. You are responsible for all applicable taxes.
Accounts and Passwords: You must keep your account information up-to-date and accurate at all times, including a valid email address. You may not transfer or sell your Artsicle account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
It is your responsibility to keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Artsicle of any unauthorized use of your password or any breach of security. You also agree that Artsicle cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Artsicle without Artsicle's express written permission.
Right to Refuse Service: Artsicle reserves the right, in Artsicle's sole discretion, to cancel unconfirmed or inactive accounts. Artsicle reserves the right to refuse service to anyone, for any reason, at any time.
You may cancel your account at any time by emailing email@example.com. Once your account is cancelled, the Artist Website will be immediately deactivated from the Service. If you reactivate the account, your Artist Website will still be available to you.
Website Content License and Ownership
You may not use third party images, unauthorized copyrighted material, trademarks or other third party material anywhere on the Site or the Artist Website.
You own the Website Content and Artsicle respects that. We do not claim any intellectual property rights over the material you provide to the Artsicle service. All material you upload remains yours. To operate your Artist Website and market Artsicle, we need a license from you. Therefore, you grant Artsicle a royalty-free and non-exclusive license to display, distribute, modify and use the Website Content for the Artist Website, as well as modify, distribute, display and use reproductions of any artwork that is part of the Website Content, however, Artsicle may not use photographic reproductions for other commercial purposes without your written consent. You grant Artsicle all rights and license necessary for such use, as well as the right to use your name, image and likeness. You can remove your Artsicle Website at any time by deleting your account. This will also remove all content you have stored on the Service.
You warrant that all artwork that is part of the Website Content is your own original work and that you possess unencumbered title to the artworks and all other Website Content. You further warrant that: (i) you have all rights and authority to grant the licenses provided to Artsicle in this Agreement; (ii) all artwork and other Website Content you provide to Artsicle does not and will not infringe the copyrights, trademarks or other rights of another person or entity, including any rights of privacy or publicity; and (iii) all descriptions provided are true and accurate.
As part of your interaction with any users or visitors to your Artist Website , you may obtain personal information, including email address and shipping information, from a user or visitor of your Artist Website. You agree to handle any such personal information responsibly and in accordance with applicable laws.
Restrictions on Use of the Site
No part of the Site may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any Website Content displayed on the Site for any other purpose except as stated on the Site.
You may not use the Site to transmit, promote or sell via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials that is, or which Artsicle considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, excessively violent, harassing or otherwise objectionable Website Content.
Artsicle does not control the Website Content provided by users that is made available on Artsicle. Artsicle is not responsible for and does not have control over Website Content that is offensive, harmful, inaccurate, or deceptive. Additionally, you acknowledge that there may be risks dealing with international trade and foreign nationals. By using Artsicle, you agree to accept such risks and that Artsicle (and Artsicle's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Artsicle.
Artsicle uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Website Content posted on the Site. Notwithstanding this, Artsicle makes no representation and warranty that Website Content posted on the Site will not be unlawfully copied without your consent. Artsicle does not restrict the ability of users and visitors to the Site to make low resolution or ‘thumbnail’ copies of Website Content posted on the Site and you hereby expressly authorize Artsicle to permit users and visitors to the Site to make such low resolution copies of your Website Content.
Artsicle does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside of Artsicle's control.
Links and Dealings with Outside Parties
We have no control over any links or other third party resources available to you via the Site and your interaction with and third parties via the Site are solely between you and such parties. We are not responsible for the availability of such external sites or resources, and do not endorse any content, advertising, products, or other materials on or available from such sites or resources. You agree that Artsicle will not be liable, directly or indirectly for any loss or damage of any kind or nature arising out of or related to, or incurred in reliance upon, any such third party interactions, links, resources or content.
Artsicle respects the intellectual property rights of others. It is our policy to respond promptly to any claim that Website Content posted on the Site infringes the copyright or other intellectual property infringement (“Infringement”) or any person. Artsicle will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes Infringement has taken place, including removing or disabling access to the Website Content claimed to be infringing and/or terminating accounts and access to the Site. To notify Artsicle of possible infringement please follow this link to Artsicle’s Digital Millennium Copyright Notice page [www.artsicle.com/copyright].
Artsicle shall remain the sole owner of the Site, the Service and all underlying intellectual property rights including trademarks, copyrights and patents. “Artsicle” and Artsicle graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Artsicle, Inc. Artsicle's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
The laws of New York shall apply to this Agreement. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. You and Artsicle agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release Artsicle (and Artsicle's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ARTSICLE, ARTSICLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND ARTSICLE'S SUPPLIERS PROVIDE ARTSICLE'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. ARTSICLE, ARTSICLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND ARTSICLE'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM ARTSICLE SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
Limitation of Liability
IN NO EVENT SHALL ARTSICLE, AND ARTSICLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR ARTSICLE'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO (A) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, (B) ARTSICLE'S SITE OR SERVICES OR YOUR USE THEREOF, OR (C) THIS AGREEMENT.
ARTSICLE'S LIABILITY, AND THE LIABILITY OF ARTSICLE'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ARTSICLE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD ARTSICLE AND ARTSICLE'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
You and Artsicle are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Any notices to Artsicle shall be given by postal mail at 1140 Broadway, Suite 1503, New York, NY, 10001 in the case of Artsicle or, in your case, to the email address you provide to Artsicle (either during the registration process or when you notify us in writing of a changed email address). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Artsicle may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Artsicle. In such case, notice shall be deemed given three days after the date of mailing.
- sending an email to the address associated with your account; and