Welcome to ARTB412. We’re so grateful you’ve joined us. We hope you enjoy your experience and please be sure to follow our rules below.
1. Accepting these Terms
The Terms are a legally binding contract between you and ARTB412.
This contract sets out your rights and responsibilities when you use the services provided by ARTB412 (we’ll refer to our website, mobile apps and other services as our “Services”), so please read it carefully. By using any of our Services (even just browsing our website), you’re agreeing to the Terms. If you don’t agree with the Terms, you may not use our Services.
2. Your Privacy
4. Your Account with ARTB412
You’ll need to create an account with ARTB412 to use some of our Services. Here are a few rules about accounts with ARTB412:
A. You must be 18 or older to sign up for an account and use our Services. You must be 18 or older to create an account, post art for sale or purchase art for sale. While it is children's art being shared, it is illegal for a minor to sign up for an account and represent his- or herself. Minors may interact with ARTB412 with parental or adult supervision only.
B. Honesty. You must provide accurate information about yourself. We do not allow false information and you cannot impersonate another person or company using your account..
C. You are responsible for your account. You are responsible for any activity on your account. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
E. Protect your password. You are responsible for any activity on your account. You must keep your account password secure.
F. Be clear about our relationship. Creating an account with ARTB412 or using our Services makes you an independent contractor with ARTB412. No agency, partnership, joint venture, employment or franchisee relationship with ARTB412 is intended or created by the Terms.
5. Your Content
Content that you post using our Services is your content (it will be referred to as “Your Content”). ARTB412 does not make any claim to it. That includes anything you post using our Services (usernames, profile pictures, listing photos, listing descriptions, reviews, comments, videos, etc.).
A. Responsibility for Your Content. You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
B. Permission to Use Your Content. By posting Your Content through our Services, you grant ARTB412 a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help ARTB412 function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote your stuff.
C. Rights You Grant ARTB412. By posting Your Content, you grant ARTB412 a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content to provide the Services and to promote ARTB412, your ARTB412 profile, or the Services in general, in any formats and through any channels, including across any ARTB412 Services or third-party website or advertising medium.
D. Reporting Unauthorised Content. ARTB412 has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please contact us.
E. Inappropriate, False or Misleading Content. You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
6. Your Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable and revocable license to use our Services—subject to the Terms and the following restrictions in particular:
A. Don’t Use Our Services to Break the Law. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal and international laws that may apply to you.
B. Theft is Prohibited. You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
C. Do Not Harm Our Systems. You will not distribute any virus or other harmful computer code through the Services.
D. Follow Our Trademark Policy. The name “ARTB412,” and the other ARTB412 marks, phrases, logos and designs that we use in connection with our Services, are trademarks, service marks or trade dress of ARTB412 in Canada, the U.S. and other countries.
E. Share Your Suggestions. We love your ideas! Any unsolicited ideas or other materials you submit to ARTB412 (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
Termination By You. You may terminate your account with ARTB412 at any time from your account settings. Terminating your account will affect the availability of some of Your Content that you posted through the Services prior to termination.
Termination By ARTB412. We may terminate or suspend your account and your access to the Services at any time, for any reason, and without advance notice. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website or mobile apps. ARTB412 may refuse service to anyone, at any time, for any reason.
If you or ARTB412 terminate your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. ARTB412 reserves the right to change, suspend or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
Survival. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service discontinues.
8. Warranties and Limitation of Liability
Items You Purchase. You understand that ARTB412 reproduces the original art image uploaded onto the platform. We do not alter the images in any way and reproduce the art as provided.
Content You Access. ARTB412 is not responsible for the accuracy, copyright compliance, legality or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
People You Interact With. You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgement in all interactions with others, especially if you are meeting someone in person.
Warranties. You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We are expressly disclaiming any warranties of title, non-infringement, merchantability and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing or usage of trade.
We do not guarantee that: (i) the Services will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) the Services will be free of viruses or other harmful materials; or (iv) the results of using the Services will meet your expectations. You use the Services solely at your own risk. Some jurisdictions do not allow limitations on implied warranties, so the above limitations may not apply to you.
Liability Limits. To the fullest extent permitted by law, neither ARTB412, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall ARTB412’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid ARTB412 in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
If ARTB412 gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend ARTB412 (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
10. Disputes with Other Users
If you find yourself in a dispute with another user of ARTB412’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
Release of ARTB412. You release ARTB412 from any claims, demands and damages arising out of disputes with other users or parties.
11. Disputes with ARTB412
These rules will govern any legal dispute involving our Services:
A. Governing Law. The Terms are governed by the laws of the province of Ontario, Canada, without regard to its conflict of laws rules, and the laws of Canada. These laws will apply no matter where in the world you live.
B. Arbitration. You and ARTB412 agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language. Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgement on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and ARTB412 are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
C. Forum. We’re based in Ontario, Canada. Any legal action against ARTB412 related to our Services must be filed and take place in Canada. That means the seat of any arbitration shall be Canada. For any actions not subject to arbitration, you and ARTB412 agree to submit to the personal jurisdiction of a province court.
If you are a government agent or entity in the Canada using the Services in your official capacity, and you are legally unable to agree to the clauses in this section, then those clauses do not apply to you. In that case, the Terms and any action related to the Terms will be governed by the laws Canada (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the province of Ontario.
12. Changes to the Terms
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by doing one (or more) of the following: (1) posting the changes through the Services or (2) sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
13. Some Finer Legal Points
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and ARTB412 regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
14. Contact Information
If you have any questions about the Terms, please email us at: legal@ARTB412.com.