ARTplenty TERMS OF USE
Please carefully review these Terms of Use prior to using the ARTplenty.Com website.
1. GENERAL TERMS & CONDITIONS
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 any or all of the provisions
of this Agreement at any time. You can review
the most current version of the Terms of Use
at ARTplenty.com/terms.php. Any changes to
this Agreement will be effective immediately.
Users with an existing user account will be
notified of changes through email or through
a notification on the Site upon logging in.
Your use of the Site after any changes to this
Agreement will be deemed Your acceptance of
the changes. Please review the Terms of Use
before using the Site.
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.
You acknowledge that You have read and agree
to be bound by these Terms of Use and to comply
with all applicable laws and regulations, including
without limitation U.S. export and re-export
control laws and regulations regarding the transmission
of technical data and copyright material exported
from the United States or the country in which
You reside. You further agree to comply with
all local laws, regulations and rules regarding
online conduct and acceptable content. You represent
that You have the legal authority to accept
these Terms of Use on behalf of yourself or
any party you represent.
2. TERMINATION OF USE
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.
3. DESCRIPTION OF SERVICES
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.
4. PRIVACY POLICY
ARTplenty’s collection and use of personally identifiable information is governed by the current Privacy Policy, which is posted here, hereby incorporated as part of these Terms of Use.
5. WEBSITE USE
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
purpose.
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.
6. OWNERSHIP
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.
7. USER CONDUCT
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
Use.
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.
8. USER ACCOUNT
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
governed by ARTplenty’s Privacy Policy.
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.
9. USER-CONTRIBUTED CONTENT
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
Data.
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.
10. PASSWORD SECURITY
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.
11. DIGITAL MILLENNIUM COPYRIGHT ACT
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. ยง 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.
12. LINKS TO OTHER WEBSITES
Links on the Site to third party websites or information are provided solely as a convenience to You. If You use these links, You will leave the Site. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by ARTplenty of the third party, the third-party web site, or the information contained therein. ARTplenty is not responsible for the availability of any such websites. ARTplenty is not responsible or liable for any such website or the content thereon. If You use the links to the websites, You will be subject to the terms of use and privacy policy applicable to those websites.
13. THIRD PARTY INFORMATION
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.
14. INTELLECTUAL PROPERTY
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.
15. TERMINATION OF AGREEMENT
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.
16. WARRANTIES
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.
17. LIMITATION OF LIABILITY
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
WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
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.
18. INDEMNIFICATION
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.
19. SEVERABILITY
If any provision of these
Terms of Use is held to be unenforceable or
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
extent necessary so that these Terms of Use
will otherwise remain in full force and effect.
20. APPLICABLE LAW
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.
You agree that regardless of any statute or
law to the contrary, any claim or cause of action
arising out of or related to use of the Site,
or the Terms of Use must be filed within one
(1) year after such claim or cause of action
arose or be forever barred. The section titles
in the Terms of Use are for convenience only
and have no legal or contractual effect.
21. MISCELLANEOUS
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.
22. CONTACT
If You have any questions
regarding these Terms of Use, please contact:
support@ARTplenty.com
All written notices referenced herein shall
be addressed to support@ARTplenty.com unless
otherwise specified.