This User Agreement (“Agreement”)
constitutes the agreement between the founding
member(s), hereinafter referenced as “ARTplenty,”
and you as a user who accesses or establishes
a connection (“User,” “You,” or “Your”) to the
website known as ARTplenty.Com (“Site”), which
is owned and controlled by ARTplenty.
You must agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Site and Your use of the Site constitutes Your agreement to abide by those provisions. You are solely responsible for Your use of the Site and for ensuring that Your use complies fully with the provisions of this Agreement.
ARTplenty reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, or feature of the Site, as well as any aspect pertaining to the use of the Site.
IF YOU DO NOT AGREE TO THE
PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED
WITH THE SITE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE YOUR USE OF THE SITE.
You may stop using the Site at any time. You do not need to specifically inform ARTplenty when You stop using the Site, unless You wish to terminate your legal agreement with ARTplenty, in which case, the provisions of Clause 15 shall apply.
ARTplenty provides artists and photographers, a social network and a marketplace to showcase their work, connect to other members of the creative community and sell original artwork, digital reproductions in both electronic and print formats. ARTplenty's proprietary software allows users of the site create and order posters and greeting cards on the fly from images. ARTplenty is an open platform and is not monitored by the owners of the site.
ARTplenty grants you a
limited, revocable, nonexclusive, and non-commercial
license to use ARTplenty.com solely for your
individual use and not for replication, distribution,
assignment, sublicense, sale, preparation of
derivative works, or any other use. You agree
not to copy, reverse engineer any material or
Content on the Site, unlawfully access the Site,
or use Site materials or Content for any commercial
Intended Audience – The Site is not for the use of anyone under the age of 17. By using this Site, You represent and warrant that You are at least 17 years of age.
ARTplenty.com is and shall
continue to be the property of ARTplenty and
is protected under all applicable copyright,
patent, trademark, and other proprietary rights.
Any copying, reproduction, use or publication
of any ARTplenty material, Content, or any
part of the Site is strictly prohibited. Under
no circumstances will You acquire any ownership
rights, license, or any other interest in any
materials or Content by or through Your use
of the Site.
Some materials or Content on the Site may be made available pursuant to third-party licenses or open source licenses. In these cases, those third-party licenses or open source licenses apply.
You may use the Site to access
public materials and Content available on the
Site. You may create a User Account and post,
upload or otherwise provide materials or Content
to the Site in compliance with this Terms of
You agree to not use the Site to:
a) Upload, post, link to, distribute, email, make available, or otherwise disseminate content that is illegal, inappropriate, infringing of copyrights, prohibited by the Site, or content that You do not have the legal right to distribute;
b) Defame or personally attack any person or entity;
c) Impersonate any individual or entity;
d) Interfere with or disrupt the Site or ARTplenty’s servers, or network; or
e) Provide support or resources to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Prohibited content includes, but is not limited to:
a) Abusive, violent, or harmful content;
b) Defamatory content;
c) Pornographic or obscene content; or
d) Content depicting minors.
ARTplenty allows You to
create and maintain a User Account. The User
Account is accessed through a login and password.
The User Account is tied to data (“User Account
Data”) that You provide and relates to You personally.
User Account Data includes all personal information
contained in Your user profile on the Site,
including Your name, email address, image, narratives
about yourself and any other personal information
that you provide. You agree to provide truthful
and accurate information in conjunction with
Your User Account. The information that you
provide can be located by other users and is
You may close Your User Account at any time by notifying ARTplenty in writing or through the means provided by ARTplenty in Clause 22. You may request that Your User Account Data be removed from the ARTplenty system upon closing Your User Account. It may take up to 30 days from the date of request for Your User Account Data to be removed from the ARTplenty system.
ARTplenty allows You to
provide content (“User-Contributed Content”)
to the Site. User-Contributed Content includes,
but is not limited to, uploaded files, linked
files, textual content, images of paintings
and photographs and any other information You
provide to the Site that is not User Account
While ARTplenty does not screen User-Contributed Content, ARTplenty reserves the right to remove any User-Contributed Content at any time for any reason or for no reason.
ARTplenty does not wish to receive confidential or proprietary information from You in connection with Your use of this Site. Anything that You upload, post, or provide to this Site is considered non-confidential and non-proprietary. For all User-Contributed Content, You guarantee to ARTplenty that You have the legal right to provide the User-Contributed Content and that its use on the Site does not violate any law or the rights of any person or entity. You give ARTplenty the royalty-free, revocable, worldwide right to use, distribute, display and create derivative works from the User-Contributed Content, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to You for advertisement and publicity of ARTplenty.
You may request removal of User-Contributed Content from the Site by giving written notice to ARTplenty through the means provided by ARTplenty in Clause 22.
If You register a User Account, You are responsible for maintaining the confidentiality of Your user login and password, and for restricting access to Your User Account. You agree to accept responsibility for all activity under Your User Account.
If You are a copyright owner
and believe that content on the Site infringes
Your copyright, You may notify ARTplenty in
writing to the designated agent of ARTplenty
pursuant to the Digital Millennium Copyright
Act (see 17 U.S.C. § 512(c)(3)). Your notification
must include substantially the following:
i. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works, a representative list of such works.
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ARTplenty to locate the material.
iv. Information reasonably sufficient to permit ARTplenty to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address at which the Copyright owner may be contacted.
v. A statement that the copyright owner 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.
vi. 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.
Such notice should be sent to ARTplenty’s designated agent at the following email address: support@ARTplenty.com
Upon receipt of such notice, ARTplenty will take down the content in question and attempt to contact the user who posted the content in question. Please note that pursuant to Section 512(f), any person who knowingly materially misrepresents that content is infringing may be subject to liability.
Additionally, ARTplenty may provide the means to report infringing content directly through a form or link on its Site. These are provided for the convenience of users and do not necessarily comply with the Digital Millennium Copyright Act. As a result, ARTplenty cannot guarantee a proper response to the infringement notification using these additional methods.
References to any third party names, marks, products, services, or websites have been provided solely for Your convenience and do not in any way constitute or imply endorsement, sponsorship, or recommendation of any third party information, products, or services by ARTplenty.
All content, copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by ARTplenty or any third party mentioned on the Site are rights protected by U.S. and International laws. ARTplenty expressly reserves all intellectual property rights in all text, programs, products, processes, technology which appear on ARTplenty.com. ARTplenty claims no intellectual property rights over user generated and user uploaded content. Access to the Site does not confer and shall not be considered as conferring upon anyone any license under any of ARTplenty’s or any third party’s intellectual property rights. ARTplenty does not endorse Content or information contained on third party websites or information or Content provided by third parties.
This legal Agreement can be terminated by either You or ARTplenty. If You wish to terminate Your legal Agreement, You may do so by giving notice to ARTplenty and closing Your user account. ARTplenty may terminate this Agreement and Your use of the Site at any time without notice.
The information and Content
presented on ARTplenty.com, such as text,
graphics, images, video, information obtained
from third parties, and any other material on
the Site are for informational purposes only.
ARTplenty does not represent or warrant that
the Site will be error-free, free of viruses
or other harmful components, or that defects
will be corrected. ARTplenty does not represent
or warrant that the information available on
or through the Site will be correct, accurate,
timely or otherwise reliable. ARTplenty may
make changes to the features, functionality
or content of the Site at any time. ARTplenty
reserves the right in its sole discretion to
edit or delete any documents, information or
other content appearing on the Site.
YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ARTplenty, NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS FOUND ON THE SITE, ANY MERCHANDISE OR SERVICES PROVIDED THROUGH THE SITE, OR ANY LINKS TO OTHER SITES MADE AVAILABLE ON THE SITE.
THE SITE AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL ARTplenty (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, INFORMATION, MATERIAL OR POSTINGS ON THE SITE OR THE SITE ITSELF. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ARTplenty (AND ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS), IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, INCLUDING YOU.
IN NO EVENT WILL ARTplenty
BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING,
BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES
ARISING OUT OF (I) THE USE OF OR INABILITY TO
USE THE SITE, THE SERVICE, OR THE CONTENT, (II)
ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED
BY THE SITE; (III) ANY CLAIM ATTRIBUTABLE TO
ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SITE, THE SERVICE AND/OR THE CONTENT, (IV)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER
RELATING TO THE SITE, THE SERVICE, OR THE CONTENT,
EVEN IF ARTplenty HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED
WITH THE SITE, THE SERVICE, THE CONTENT, OR
REMEDY IS TO DISCONTINUE USING THE SITE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, ARTplenty'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You agree to defend, indemnify
and hold harmless ARTplenty (and any of its
parents, subsidiaries, affiliates, employees,
agents, third party content providers, or licensors,
and their respective directors, officers, employees,
and agents) from and against all claims, liability,
and expenses, including attorneys’ fees and
legal fees and costs, arising out of Your use
of the Site or Your breach of any provision
of this Agreement. ARTplenty reserves the
right, in its sole discretion and at its own
expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by You. You agree to cooperate as fully as reasonably
required in the defense of any claim.
If any provision of these
invalid by any law, rule, order or regulation
of any government or by the final determination
of any state or federal court, that provision
shall be limited or eliminated to the minimum
will otherwise remain in full force and effect.
By accessing the Site You
agree that the statutes and laws of the United
States and the state of Maryland without regard
to conflicts of laws principles, will apply
to all matters relating to use of the Site,
and You agree that any litigation shall be subject
to the exclusive jurisdiction of the state or
federal courts in Maryland.
This Agreement shall govern
only Your relationship with ARTplenty (and
any of its parents, subsidiaries, affiliates,
employees, agents, third party content providers,
or licensors, and their respective directors,
officers, employees, and agents) to the exclusion
of any relationship which you may enter into
incidentally with any other person or company
as a result of, or through your use of the Site.
No failure to exercise, nor any delay in exercising, on the part of ARTplenty, any right or remedy under this Agreement or under any applicable law, shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy prevent any further or future exercise thereof or the exercise of any other right or remedy. The rights and remedies of ARTplenty provided for by this Agreement are cumulative and not exclusive of any rights or remedies provided by law.
If You have any questions
All written notices referenced herein shall be addressed to support@ARTplenty.com unless otherwise specified.