GENERAL TERMS & CONDITIONS
Effective Date: January ___, 2015.
YOUR USE OF OUR SERVICES IS GOVERNED BY THESE TERMS & CONDITIONS
All right, title and interest in the Service, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to ArtPeople and/or its licensors. Nothing in these Terms & Conditions or otherwise will be deemed to grant to you an ownership interest in the Service, in whole or in part.
In using the Service, you must respect the intellectual property and other rights of ArtPeople and others. Your unauthorized use of Content (defined below) may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. ArtPeople respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Service, then please see the Section entitled “DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT” below. These Terms & Conditions and any applicable Additional Terms include only narrow, limited grants of rights to Content and to use and access the Service. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. All rights not expressly granted to you are reserved by ArtPeople and its licensors and other third parties. Any unauthorized use of any Content or the Service for any purpose is prohibited.
The Service (including past, present, and future versions) and all content included on the Service, such as, without limitation, guides, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) are owned or licensed property of ArtPeople and licensors and are protected by copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and ArtPeople owns a copyright in the selection, compilation, assembly, coordination, arrangement and enhancement thereof. All Content is also protected by U.S. and international trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
LICENSE AND ACCESS
Subject to your strict compliance with these Terms & Conditions and any applicable Additional Terms, ArtPeople grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and make personal use of the Service and the Content for noncommercial purposes only and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. Under such you may download and print Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. You may also download, print, and/or store Content regarding Product seen on the Service and purchased by you. Accessing, downloading, printing, posting, storing, or otherwise using the Service or any of the Content for any commercial purpose (other than as allowed in the immediately prior sentence for purchased Product), whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in ArtPeople’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content, subject to certain Additional Terms.
ArtPeople shall have no liability for any interruptions in the use of the Service. ArtPeople reserves the right to modify or discontinue the Service with or without notice. ArtPeople shall not be liable to anyone should it exercise its right to modify or discontinue the Service. All users of the Service acknowledge and accept that ArtPeople does not guarantee continuous, uninterrupted or secure access to the Service and operation of the Service may be interfered with or adversely affect by numerous factors or circumstances.
These Terms and Conditions, any applicable Additional Terms, and any document expressly referred to in either of them constitute the entire agreement between you and us. You acknowledge, represent and warrant that you have not relied on any statement, promise or representation made or give by or on behalf of us which is not set out in these Terms and Conditions, applicable Additional Terms, or any document expressly referred to in them.
1. You may only be a purchaser and can utilize the purchasing facilitation components of the Service and/or ArtPeople if you are at least 18 (eighteen) years old or a business entity.
2. We are authorized by the Supplier to forward your order to the Supplier, to process your payment for any order on behalf of the Supplier, and, when conditions are met, to effect any refund and/or return under the Terms and Conditions and any applicable Additional Terms.
In processing your payment, and in processing any refund, we will be shown as merchant of record on your credit card or bank statement.
3. Specifications about and other information regarding Product for sale seen on the Service have been provided by individual Suppliers and is not verified by ArtPeople. While ArtPeople makes a reasonable effort to ensure that the information on the Service is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Service. ArtPeople makes no warranties or representations whatsoever with regard to any Product provided or offered by any Supplier or otherwise seller, and you acknowledge that any reliance on representations and warranties provided by any seller (including but not limited to a Supplier) shall be at your own risk.
4. The images of the products on the Service are for illustrative purposes only. Although we have made a reasonable effort to display the colors accurately as such were given to us, we cannot guarantee that your computer’s display of the colors accurately reflects the color of any given Product. Any Product your purchase may vary from those images and the depiction of any such Product with accessories, e.g., frames, may be used for illustrative purposes only. You are advised to check that the Product you would like to purchase includes such accessories or not before place the order. You are further advised that the packaging of any Product may vary from that shown on any images on the Service.
5. If you purchase any product/Product you see on the Service, you are purchasing from the Supplier so the Purchase Contract is between you and the Supplier only; but the Purchase Contract does incorporate all these Terms and Conditions and any applicable Additional Terms and ArtPeople is a third party beneficiary of such. ArtPeople is neither the buyer nor the seller of any Product even though we receive your payment on behalf of the Supplier. As such, any contractual obligations arising out of your purchase of the Supplier’s Product other than those set forth in these Terms and Conditions and any applicable Additional Terms is the responsibility of the Supplier and you. ArtPeople has no responsibility to you in relation to your order from a Supplier or any regarding a Product purchased by you except as expressly set out in these terms.
6. Follow the directions on the Service for placing an order for purchase. The order process allows you to check and amend any errors before submitting your order to Supplier. Please take the time to read and check your order at each page of the ordering process.
7. After you place an order, you will receive an e-mail from us acknowledging that we have received your order on behalf of the Supplier. However, please note that this does not mean that your order has been accepted by the Supplier or by us.
8. If the Supplier is unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our Service, you will be informed of this by e-mail and your order will not be processed any further. If you have already paid for the Product, the full amount will be returned to you.
9. Typically however, we will, on behalf of the Supplier, confirm the Supplier’s acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Order Confirmation”). The Contract between the Supplier and you will only be formed when we send you the Order Confirmation.
10. Your order will be fulfilled as soon as reasonable, unless there is an Event Outside Control. We will provide you with a tracking number with the Order Confirmation. If a Supplier is unable to fulfill delivery because of an Event Outside Control, we will contact you.
11. Delivery will be completed when the Product is delivered to the address you gave when making the order.
12. Each Product ordered will be your responsibility from the completion of delivery for that particular Product.
13. You own each Product ordered once you have made the payment in full, including all applicable delivery charges.
14. An “Event Outside Control” means any act or event beyond reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15. Regarding International Delivery. International shipping destinations are set by the Supplier. We do our best to encourage Suppliers to ship worldwide, but in some cases, a Supplier will only ship to a limited set of countries.
If you wish to have a Product delivered to a country that a Supplier currently does not ship to, please contact: email@example.com. (subject line: International Delivery Destinations). However, there are restrictions on some Products for certain international delivery destinations, so please review the information on unlawful or prohibited uses and export controls before ordering Products.
If you order Products from our Service for delivery to a country outside of the United States, its possessions and/or territories, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that neither we nor the Supplier have no control over these charges and cannot predict their amount.
You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
You must comply with all applicable laws and regulations of the country for which a Product is destined. Neither we nor the Supplier will be liable or responsible if you, or any acting directly or indirectly on your behalf, break any such law. By placing an order you represent and warrant that you have so complied and we and the Supplier are relying on such representation and warrant in effecting the dispatch of the Product.
CANCELLATIONS, RETURNS, REFUNDS, AND/OR REPLACEMENTS
1. There are no cancellation rights in the case of any ordered made-to-measure or custom-made product.
2. Subject to 3 and 4 below, you may cancel a Purchase Contract from the date you receive the Order Confirmation until 6 p.m. Pacific Time on the 14th (fourteenth) day of the period set forth in the following sentence. The post-delivery cancellation period begins on the day that the Product at issue is delivered to you as shown by the records of the delivery service utilized and ends at 6 p.m. Pacific Time 14 (fourteen) days later, first and last day included in the counting of days. For example regarding a product delivered on January 2, 2016, a cancellation must be effected before 6 p.m. Pacific Time January 15, 2016.
3. To cancel an order before you are sent an Order Confirmation, you must contact us in writing by sending an e-mail to: firstname.lastname@example.org. You may wish to keep a copy of your cancellation notification for your own records. A member of the Artpeople shop Customer Services team will then contact you regarding how to return the Products.
4. To cancel an order after you are sent an Order Confirmation, you must wait until the Product at issue is delivered to you to cancel. YOU MUST SAVE ALL ORIGINAL PACKAGING. Once you have receipt of the Product you must notify us by email and use the forms on the Service for the Return/Replacement of Product and a) you must return the Product at issue as soon as reasonably practicable in accordance with the terms set forth in 5 below; and b) you must take reasonable care of the Product and the original packaging until you ship it for return in accordance with our instructions. Once we receive your request for cancellation we’ll process it within 1 (one) business day. In addition, we will confirm a pickup date of the return and provide instructions and shipping labels via email.
5. Returning the Product.
From a location in the United States: If the Product is not damaged, then, unless we give you other instructions, the Product must be returned repackaged in the original packaging as packaged in the original packaging and following any instructions we send you via email and you must use the shipping labels we will send you via email.
From a location in the United States: If the Product is damaged, but the original packaging is not, then, unless we give you other instructions, the Product must be returned repackaged in the original packaging as packaged in the original packaging following any instructions we send you via email and you must use the shipping labels we will send you via email.
From a location in the United States: If the Product is damaged and so is the original packaging, then the Product must be returned packaged in new packaging but packaged as in the original packaging (or following the instructions we will send you via email) and you must use the shipping labels we will send you via email. In addition, the original damaged packaging should be sent to us as per the instructions sent to you; we must have these items in order to process the claim.
From a location NOT in the United States: Unless we give you other instructions, the Product must be returned repackaged in the original packaging as packaged in the original packaging. To that end we will provide you with the return shipping address so that you can ship the artwork with the carrier of your choosing. You are responsible for the cost of return shipping and any customs and brokerage fees charged upon return.
6. If you are entitled to a refund, we will refund you on the credit card or debit card used by you to pay. You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid within 3 (three) business days of safe receipt of the returned artwork.
7. If you receive damaged Product and desire a replacement, then contact us within the same 14 day period described in 2 above by email at: email@example.com, and follow the instructions sent you, the Supplier will ship your new artwork as soon as receipt of the original artwork has been confirmed. In case of limited edition prints ordered via ArtPeople, you can request a replacement (subject to availability). Please be sure to make this comment when you fill in the returns form. In this case the Supplier will ship your new artwork to you as soon as receipt of the original artwork has been confirmed.
8. If you are experiencing a significant delay in the arrival of an artwork, it is vital that you get in touch with us within 14 days of the estimated time of arrival displayed on your Order Confirmation email. Should your artwork not have arrived within 30 (thirty) days of the estimated time of arrival stated on your shipment confirmation email, send us an email at: firstname.lastname@example.org and we will be happy to process a full refund.
ArtPeople and other related marks, design marks, product names, feature names and related logos used in the Service are trademarks of ArtPeople and may not be used, copied or imitated, in whole or in part, without the express prior written permission of ArtPeople. In addition, the look and feel of the Service constitutes the service mark, trademark and/or trade dress of ArtPeople and may not be copied imitated or used, in whole or in part, without the express prior written permission of ArtPeople. ArtPeople’s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages ArtPeople or suggests a sponsorship, affiliation or endorsement by ArtPeople.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
UNLAWFUL OR PROHIBITED USES
The Service may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Service, you warrant to ArtPeople that you will not use the Service for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, unless you have the express prior written consent of ArtPeople, YOU MAY NOT:
(a) Make any commercial use of the Service or its Content, including making any collection or use of any product listings, descriptions, prices, or images, except as may narrowly relate to any Product purchased by you and which is not returned and/or for which a refund has not been requested;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Service;
(d) frame, mirror, or use framing techniques on any part of the Service;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Service content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing ArtPeople’s name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Service, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the Service;
(i) conduct fraudulent activities on the Service;
(j) violate or attempt to violate the security of the Service, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the Service; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Service, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the Service (impersonating the Service) or to the Service (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of ArtPeople, including promotions and/or advertising of products or services;
(l) tamper with the Service or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Service or any activity being conducted on the Service;
(m) use the Service to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the Service;
(o) restrict or inhibit any other person from using the Service (including, without limitation, by hacking or defacing any portion of the Service);
(p) use the Service to advertise or offer to sell (other than through ArtPeople) any goods or services;
(q) use the Service offer to buy (other than through ArtPeople) any Product, goods or services;
(r) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Service;
(s) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service; or
(t) remove any copyright, trademark, or other proprietary rights notice from the Service or materials originating from the Service.
ArtPeople may provide you with access to buy artwork from a Supplier as seen on the Service. Each Product shown on the Service is subject to availability. We will inform you by e-mail if the product you have ordered is not available and we will not process your order if made. In order to use the Service, you must provide (i) all equipment necessary for your own Internet connection and (ii) provide for your own access to the Internet, and (3) pay any fees related to such connection. You may be required to register with ArtPeople as a member in order to access certain services or areas of the Service and/or to have access to buy artwork from a Supplier as facilitated via the Service. If you are under the age of thirteen (13), then you are not permitted to register as a user, or otherwise use the Service or submit personal information to us. If you are required to register with ArtPeople, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and you will not sell, transfer, or assign your account or any account rights. In addition to all other rights available to ArtPeople including those set forth in these Terms & Conditions, ArtPeople reserves the right, in its sole discretion, to terminate or suspend your account, refuse service to you, or cancel orders or cancel orders facilitated by ArtPeople. ArtPeople retains the right, at its sole discretion, to terminate any account(s) involved with botnets and/or related activities. If any hostnames are used as command and control points for botnets, ArtPeople reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at ArtPeople’s discretion.
Digital coupons (e.g., coupon codes) may be made available via our Service (or otherwise by us), which shall be subject to applicable Additional Terms. We reserve the right not to honor coupons if we suspect, in our sole discretion, that the applicable Additional Terms or these Terms have been violated or that the coupon has been tampered with, manipulated, misused, duplicated or if we otherwise suspect fraud or inappropriate activity. Unless otherwise stated in the applicable Additional Terms, limit one coupon per purchase of specified product(s) per individual. Some Products may not be available in all area and coupons may be limited to specific regions. Coupons are non-transferrable and have no monetary or property value. Coupon offers are revocable upon posting of notice on our Service and are subject to correction of errors. Coupons are void if altered, transferred, reproduced, exchanged, sold, or purchased. Coupons are valid only in the U.S.A., but void where prohibited or restricted by law. Coupons are subject to expiration as stated in the applicable Additional Terms.
MODIFICATION AND TERMINATION
ArtPeople may at any time in its sole discretion without notice or liability: (i) modify, suspend or discontinue any part of the Service (except as relates to those orders for which an Order Confirmation has been sent and then only until the time for the 14 (fourteen) day cancellation period expires); or (ii) offer opportunities to some or all Service users. ArtPeople reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Service. Each time you use the Service, you should review the current Terms & Conditions. Your continued use of the Service will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Service will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied; for Orders this means the date the Order Confirmation was sent—please check the effective date of these Terms and Conditions and of any applicable Additional Terms and the date you receive the Order Confirmation to ascertain if there has been a change since the time you placed the order and the date of the Order Confirmation and download the same for your records; if you do not wish to accept the Terms and Conditions and any applicable Additional Terms in effect as of the date of the Order Confirmation, immediately follow the procedures for a cancellation of the Order.
Except as relates to those orders for which an Order Confirmation has been sent and then only until the time for the 14 (fourteen) day cancellation period expires ArtPeople reserves the right, without notice and in its sole discretion, to suspend or terminate your account and/or your use of the Service and to block and/or prevent future access to and use of the Service (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Service will immediately cease.
You agree that we shall not be liable to you or any third party for any suspension or termination of your access to the Service. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
If the Service allows you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including personal information (“User Content”) through or to the Service, ArtPeople welcomes such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and ArtPeople assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion without notice or any liability to you or any third party: (i) monitor, review, display, post, store, maintain, accept or otherwise make use of User Content; (ii) alter, remove, reject, delete, move, re-format or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms & Conditions or any applicable Additional Terms. Such User Content submitted by you or others need not be maintained on the Service by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User Content on the Service or elsewhere, except that California minors have certain rights to have certain content about them that they have themselves posted on the Service prospectively removed from public display.
You agree that (a) your User Content will be treated as non-confidential and non-proprietary by us – regardless of whether you mark it “confidential,” “proprietary,” or the like – and will not be returned, and (b) to the maximum extent not prohibited by applicable law, ArtPeople does not assume any obligation of any kind to you or any third party with respect to your User Content. Upon ArtPeople’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms & Conditions or any applicable Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User Content may not be secure, and you will consider this before submitting any User Content and do so at your own risk.
In your communications with ArtPeople, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for websites, apps, books, or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you submit are deemed User Content and licensed to us as set forth below. In addition, ArtPeople retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. ArtPeople’s receipt of your Unsolicited Ideas and Materials is not an admission by ArtPeople of their novelty, priority, or originality, and it does not impair ArtPeople’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
For any User Content you submit, you grant to ArtPeople a non-exclusive, unrestricted, unconditional, unlimited, worldwide, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free and cost-free, transferable right and license to use, display, publicly perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, record, reproduce, disclose, re-sell, sublicense (through multiple levels), broadcast, and otherwise use and exploit in any manner whatsoever, all or any portion of such User Content (and derivative works thereof) for any purpose whatsoever in all formats, on or through any form, means, or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, throughout the world, and to advertise, market, and promote the same, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to ArtPeople the right, without any obligation, to include the name provided along with the User Content submitted by you. In order to further effect the rights and license that you grant to ArtPeople to your User Content, you also hereby grant to ArtPeople, and agree to grant to ArtPeople, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you.
Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. You understand that in exercising such rights metadata, notices and content may be removed or altered, including copyright management information, and you consent thereto and represent and warrant you have all necessary authority to do so. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. In addition, you represent and warrant that you are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content, you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant ArtPeople the rights to it that you are granting by these Terms & Conditions and any Additional Terms, all without any ArtPeople obligation to obtain consent of any third party and without creating any obligation or liability of ArtPeople.
You grant us the right to protect and enforce our rights to your User Content, including by bringing and controlling actions in your name and on your behalf (at ArtPeople’s cost and expense, to which you hereby consent and irrevocably appoint ArtPeople as your attorney-in-fact, with the power of substitution and delegation, which appointment is coupled with an interest).
Content is also provided by third party visitors to the Service. Please note that visitors to the Service may post content that is inaccurate, misleading, or deceptive. ArtPeople neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. ArtPeople will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of ArtPeople.
You are solely responsible for your interaction with other users of the Service, whether online or offline. We reserve the right, but have no obligation, to monitor or become involved in disputes between you and other users. Exercise common sense and your best judgment in your interactions with others (e.g., when you submit any personal or other information) and in all of your other online activities.
DMCA NOTICE – NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
ArtPeople’s policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Service can be identified and removed using the process listed below, and you agree to comply with such process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.
If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide ArtPeople’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying ArtPeople that your copyrighted material has been infringed. ArtPeople does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim. When a clear and valid notice is received pursuant to the guidelines set forth below, ArtPeople will respond by either taking down the allegedly infringing content or blocking access to it. ArtPeople may contact the notice provider to request additional information. Under the DMCA, ArtPeople is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”). The Alleged Infringer is allowed under the law to send ArtPeople a counter-notification. Notices and counter-notices are legal notices distinct from regular Service activities or communications. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request). Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.
To file a DMCA notice, the copyright owner must send in a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.
A DMCA notice must:
1 Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2 Identify the Content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Service. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3 Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4 If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5 Include the following statement: “I have 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”;
6 Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7 Be signed; and
8 Be sent to our DMCA designated agent at the following address:
DMCA Designated Agent for ArtPeople LLC (Legal Department)
26042 Buena Vista Ct
Laguna Hills, CA 92653
LINKS TO, AND DEALINGS WITH, THIRD PARTIES
The Service may contain links and interactive functionality interacting with third parties, including without limitation, social media applications, any Product Supplier, and/or product manufacturers’ applications (collectively, “Third Party Applications”). ArtPeople is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such Third Party Applications. Before enabling any sharing functions of the Service to communicate with any such Third Party Application or otherwise visiting any such Third Party Application, ArtPeople strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such Third Party Applications. The links and interactive functionality for Third Party Applications on the Service do not constitute an endorsement by ArtPeople of such Third Party Applications. Other Third Party Applications may link to the Service with or without our authorization, and we may block any links to or from the Third Party Applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third Party Applications or advertisements) are solely between you and the third party (including issues related to the content of third party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). ArtPeople disclaims all liability in connection therewith.
LINKS BY YOU TO THE SERVICE
We grant you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to create hyperlinks to the Service, so long as: (a) the links only incorporate text, and do not use any trademarks, (b) the links and the content on your website do not suggest any affiliation with ArtPeople or cause any other confusion, and (c) the links and the content on your website do not portray ArtPeople or its products or services in a false, misleading, derogatory, or otherwise offensive matter, and do not contain content that is unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, harassing, or abusive, or that violate any right of any third party or are otherwise objectionable to ArtPeople. ArtPeople reserves the right to suspend or prohibit linking to the Service for any reason, in its sole discretion, without advance notice or any liability of any kind to you or any third party.
WIRELESS, MESSAGING AND LOCATION-BASED FEATURES
The Service may offer certain features and services that are available to you via your wireless device. These features and services may include without limitation the ability to access the Service’s features and upload content to the Service, receive messages from the Service, and download applications to your wireless device (collectively, “Wireless Features”). You agree that as to the Wireless Features for which you are registered, we may send communications via such features or apps to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service for Wireless Features, then you agree to notify ArtPeople of any changes to your wireless contact information (including phone number) and update your accounts on the Service to reflect the changes. The Service includes push notifications or other mobile communication capability and you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, may be delivered to your device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your device through your device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless device. Contact your carrier with questions regarding these issues.
You may be given opportunities to subscribe to various text marketing or other text messaging programs and by doing so, you consent to receive ongoing text alerts (including by auto-dialers) from us related to our various businesses and affiliates, which may include co-promotions with or about other parties, except that if the scope of your consent for a particular subscription is limited that subscription will be so limited. For each subscription, text “HELP” for help and text “STOP” to terminate (i.e., opt-out) of that subscription. Subsequent or different subscriptions will be unaffected by an opt-out. You consent to receive a text confirming any opt-out as well as non-marketing administrative or transactional messages. For subscriptions to recurring text messages, you may receive up to the number of text messages per month specified in your consent, or to which you later consent. Alerts auto-renew unless otherwise specified when you consented. Your consent to receive text messages is not a condition of purchase, and no purchase is necessary. You understand that we will send mobile text messages using automated technology. If you subscribe to text messages you represent that you are at least the age of majority in the jurisdiction in which you reside or are at least thirteen (13) years of age and have all proper consents from your parent or legal guardian. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Contact your carrier for details. If we are charging a premium rate for text messages, that will be explained in the applicable subscription consent. Not all phones and/or carriers are supported. We are the sponsor of our text messages and may be contacted regarding them at EMAIL ADDRESS SUCH AS email@example.com.
You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. Please note that we reserve the right to send you certain communications relating to your account or use of our Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt-out from receiving our marketing communications.
DISCLAIMERS OF WARRANTIES
ArtPeople cannot and does not represent or warrant that the Service or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or will otherwise meet your requirements.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCT(S), SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (COLLECTIVELY, THE “SERVICE CONTENTS”) ARE PROVIDED BY ARTPEOPLE ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Therefore, to the fullest extent permissible by law, ArtPeople and its direct and indirect parents, subsidiaries, affiliates and each of their respective employees, directors, officers, members, managers, shareholders, agents, vendors, licensors, licensees, suppliers, contractors, customers, successors, and assigns (collectively, “ArtPeople Parties”) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to: (a) the Service (including the Content and the User Content); (b) the functions, features, or any other elements on, or made accessible through, the Service; (c) any products, services, or instructions offered or referenced at or linked through the Service; (d) security associated with the transmission of your User Content transmitted to ArtPeople or via the Service; (e) whether the Service or the servers that make the Service available are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device); (f) whether the information (including any instructions) on the Service is accurate, complete, correct, adequate, useful, timely, or reliable; (g) whether any defects to or errors on the Service will be repaired or corrected; (h) whether the Service will be compatible with any other specific hardware, software or service; (i) whether your access to the Service will be uninterrupted; (j) whether the Service will be available at any particular time or location; and (k) whether your use of the Service is lawful in any particular jurisdiction.
ARTPEOPLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE, THE ACCURACY OR COMPLETENESS OF THE SERVICE CONTENTS, OR THAT EMAILS SENT FROM ARTPEOPLE ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ARTPEOPLE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICE OR THE SERVICE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY ARTPEOPLE IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, ARTPEOPLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SERVICE AND THE SERVICE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, AND FITNESS FOR A PARTICULAR PURPOSE OR USE. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE SERVICE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH THIRD PARTY PROVIDER AND NOT BY ARTPEOPLE.
IF PRODUCT INFORMATION IS PROVIDED THROUGH THE SERVICE, ARTPEOPLE DOES NOT REPRESENT OR WARRANT THAT SUCH INFORMATION IS ACCURATE OR COMPLETE. ON OCCASION ANY GIVEN SUPPLIER MAY MODIFY THAT SUPPLIER’S PRODUCT(S) AND UPDATE INFORMATION ABOUT THE PRODUCT(S). WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SERVICE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE SUPPLIER DIRECTLY IF YOU HAVE A SPECIFIC CONCERN OR QUESTION ABOUT A PRODUCT.
Third party names, marks, products, advertisements, or services or pop-up texts or links to third party applications may appear on the Service. IN NO EVENT WILL ARTPEOPLE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM, DIRECTLY OR INDIRECTLY-IN WHOLE OR IN PART, OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE SERVICE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. If you decide to link to any such third party application, you do so entirely at your own risk.
The Service is controlled and operated by ArtPeople from the United States, and is not intended to subject ArtPeople to the laws or jurisdiction of any state, country or territory other than that of the United States. ArtPeople does not represent or warrant that the Service or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Service, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Service’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
We provide information through the Service for your information and enjoyment. Your use of the Service is strictly voluntary. You agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the Service, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm due to Product weight and/or spatial form or configuration. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly, and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue ArtPeople, its employees, members, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the Content, information, Product and materials shown by ArtPeople through the Service and/or accessed by you or purchased by you through the Service and/or any purchase by you facilitated via the Service.
LIMITATION OF LIABILITY
TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ANY ARTPEOPLE PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF—IN WHOLE OR IN PART—DIRECTLY OR INDIRECTLY—OR IN CONNECTION WITH (A) THE SERVICE (INCLUDING THE CONTENT AND THE USER CONTENT); OR (B) YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, OR THE PERFORMANCE OF THE SERVICE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF ARTPEOPLE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND ARTPEOPLE. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND ARTPEOPLE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SERVICE, ANY CONTENT ON THE SERVICE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SERVICE, THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH AND/OR ARISING IN ANY MANNER OUT OF YOUR USE OF THE SERVICE, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY WEBSITE, APPLICATION, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY ARTPEOPLE (INCLUDING YOUR USER CONTENT) OR A LICENSOR OF ARTPEOPLE.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Service, you agree to defend, indemnify, and hold harmless ArtPeople Parties from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of—directly
or indirectly, in whole or in part—or otherwise relating to your access to or use of the Service, including without limitation any User Content submitted by you and Claims alleging facts that if true would &l