Artsider reserves the right to amend these Terms of Service at any time in its sole discretion and without prior notice, which shall take effect upon posting to the Site. If the alterations constitute a material change to the terms, Artsider will notify you by posting an announcement on the site. What constitutes a material change will be Determined at Artsider’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following any amendment of these Terms of Service shall constitute your acceptance of the Terms as modified.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Artsider.com is not intended for children under 13. If you are under 13 years of age, then please do not use the Artsider.com website. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site might display photographs and images containing nudity and violence that may be offensive to some.
Description of Service
Artsider provides a range of services (the “Artsider service”) including but not limited to, enabling you to publish, sell, discuss and purchase art; interact with other members; and receive the benefits of Artsider’s product fulfillment service including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer service. The digital content on the website (“Content”) may be text, user comments, messages, information, data, graphics, images, illustrations, photographs, or any other material posted online by users. Any content that you upload into the profile section of your account is described as your “art”. Your art may be viewed by all users of the website once you elect to publish it. You may order a physical product based on your own art or you may offer your art for sale. If you or a customer decides to place an order, Artsider will manufacture and deliver the physical product in the form specified by you or the customer (“the product”). Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Artsider. We reserve the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. We may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your photographs and images and you are directed to retain your own copies of all Content posted on the Site.
A user can become a registered member (“member”) of the website by setting up a password protected account. You will be required to select a username and password when registering to become a member. You must become a member before placing any content on the website, including writing any comments in forums or reviews. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Artsider account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Artsider account. You agree that you will not disclose your password to any other person and you will not keep your password where it can be copied or used by anyone other than you. If you suspect someone else knows your password, you must change it immediately. The Services are for use by individuals who are graphic artists or photographers. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent graphic artists and photographers or sell their works. If you do not qualify for registration you are not permitted to open an account or use the Services.
Seller Terms and Conditions
Offering Art for Sale
Any member may offer their art for sale on a physical product on the website by appointing Artsider to facilitate the transaction on the terms set out in the following Seller terms. Those terms will apply from the date on which you offer your first art for sale on a physical product and your continued use of the website will constitute ongoing agreement to the terms therein as updated from time to time.
Paying you after your artwork is sold
The retail price charged to customers who purchase your product is made up of the base price, your creator margin (“your margin”), and sales taxes where relevant. Artsider will also charge the customer a postage and handling fee. The base price is the fee Artsider charges to manufacture the product (inclusive of tax). When making each individual work available for sale you are able to select any percentage markup you wish, greater than or equal to 0, above the base price. The percentage markup selected by you on the website for each of your products is used to calculate the dollar value of your margin for each sale. You may change the percentage markup above the base price at any time by changing your selection on the website. We may change the base price at any time without specific notice to you and this will affect the dollar value of your margin, which is calculated as a percentage of the base price (e.g. if we increase our base price, your margin will also increase). The retail price will not change on an individual sale after a customer has submitted an order to the website. Artsider will send you a notification in your Activity Feed after an order has been placed for your products. Sales information is also listed within your Account Administrative section under ‘Earnings’. You authorize Artsider to collect, hold and distribute the retail price and postage and handling fees (“sale proceeds”) from customers on the terms set out in this clause. You authorize Artsider to deduct the base price and the postage and handling fee from the sales proceeds for your products before distributing your margin, and tax where relevant, to you. Earnings get paid every 15th of the month via a Paypal deposit with a 30 day per purchase grace period from date of sale. For example, if you sell a product on January 10th, it is clear on February 10th and then you get paid on February 15th. Artsider will not be liable for any loss suffered by you if you provide us with incorrect details in relation to the payment method. It is your responsibility to ensure Artsider has current details of your postal address and bank account details. If we are unable to pay you because you have given us incorrect details or your details are out of date, we will hold your margin for up to 12 months from the payment date. If you have not notified Artsider of any amendment to the payment method details in that time, you authorize us to donate your margin proceeds to a charity of our choice.
Setting up your prices
The artist decides the final retail price. Artsider sets a base price to produce the finished product. The artist adds their own percentage markup. Example: 20% artist markup on a large stretched canvas: $85 base price + $17 markup = $102 You can change your markup to suit your products at any time from your admin interface to suit your products, choosing to price individually or apply the same markup to all products for that work. If you are posting an artwork as 'private' with a 0% markup for your products and you are buying your own prints while logged in, you will only pay the base price for your products. Unlike typical art gallery, Artsider does not charge the artists any fee to sell, or any commission on any of their sales. Instead, we simply set the base price of the product and let the artist set the retail value.
If tax is to be collected each party is responsible and will account for any taxes imposed by governments or governing authorities, and related accounting or audit requirements arising out of, as a result of, incidental to, or in connection with the use of this Site and with obligations under this agreement. Artsider will collect and report any sales tax from any customer shipping to the state of California.
Participation to Contests, Collaborations and Creative Invites
Artsider may operate contests, collaborations and creative invites (collectively, “Collaborations”) through the Site and Services. You should carefully review the rules (e.g. the “Official Rules”) of each Collaboration in which you participate through the Site and Services, as they may contain additional important information about Artsider rights to and ownership of the submissions you make as a result of your participation in such Collaborations. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
Purchaser Terms and Conditions
Purchasing a Product on Artsider
Users can purchase products on the Artsider website using a valid credit card or the PayPal system. You do not have to be a member to purchase a product. The price you pay is fixed at the time of ordering. You may not cancel an order once it has been submitted. It is the customer’s responsibility to ensure the product delivery address is correct. Artsider takes no responsibility for any product a customer does not receive because of errors in the delivery address given to us. We do not warrant, endorse, make representations about or recommend any content or art offered or provided by any member.
You acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information or may be unavailable. This may be due to an error or similar oversight. We reserve the right to cancel an order in that event. We may also cancel an order if we believe that it is being made in contravention of this agreement, or in contravention of the rights of any person or any law. We may cancel an order even if it has been confirmed and the customer’s credit card or PayPal account has been charged. We reserve this right up until the time of delivery of the product to that customer. If a cancellation of this nature occurs after the customer has been charged for the product, we will immediately credit the customer’s credit card or PayPal account for the amount in question.
Delivery will be made by postal or courier service and will be paid for by the customer at the price indicated at time of purchase. Artsider will also charge a handling fee, which will vary depending upon the size and price of the product.
We do not accept Returns or Exchanges. If you received a defective, or wrong item, Artsider will happily issue a replacement copy of the product. Please email Artsider customer service at email@example.com within 14 days of receiving the product to tell us about the nature of the damage and to arrange for a new product to be sent to you at our cost. As part of the replacement, you will be required to send the defective or wrong item back to us, and we will reimburse you for the return shipping. The original shipping cost is non-refundable. Please be aware Artsider is a creator-controlled publishing tool and we do not screen the content on our website. It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the physical product.
Terms for both Sellers and Purchasers
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. Artsider does not claim any permanent ownership of you Content. You keep the copyright of any content you submit or upload to the website. In order to receive the Artsider services you grant Artsider a non-exclusive royalty free license to use and archive the content in accordance with or as reasonably contemplated by this agreement. By submitting content to the site you are granting Artsider a worldwide, non exclusive license to use the content and are representing and warranting to Artsider that the content is owned or duly licensed by you, and that Artsider is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party. When you submit or upload content on the Artsider website you represent and warrant that:
- you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have the right to display, reproduce and sell the content. You license Artsider to use and sub-license the content in accordance with this agreement;
- you and your content do not and will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or right of privacy;
- you or your content, and your use, storage, reproduction and display on the website will comply with all applicable law, rules and regulations;
- your content does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
- your content does not include malicious code, including but not limited to viruses, trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information;
- your content is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
Artsider reserves the right to review and if necessary remove any content from the website or to cancel your account at its sole discretion, either because that content breaches this agreement or any applicable laws, or otherwise. Upon uploading Content, you acknowledge that Artsider may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Artsider and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Artsider. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Artsider. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Artsider nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. Artsider's production of any product depicting your Content does not indicate that Artsider approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You acknowledge and agree that Artsider may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Artsider, its users and the public. You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
Artsider respects the intellectual property rights of others and we require our users to do the same. Thus, in your use of and interactions with Artisder and the site, you may not post any user submission, design or artwork that contains copyrighted material belonging to others, or any material that infringes another intellectual property right of others, without obtaining their prior written consent. We may terminate the accounts of users who appear to infringe the copyright or other intellectual property rights of others. In appropriate circumstances and at our discretion, we may require removal of the user's content from our site and, if the user continues to infringe on your rights (or infringes the rights of others) terminate the user's access to our services. If you believe that your Content has been copied in a way that constitutes copyright and/or trademark infringement, please notify Artsider's Copyright Agent, and provide the following information ("Notice"):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright/trademark interest;
- a description of the copyrighted work and/or trademark claimed to have been infringed;
- a description of where the claimed infringing Content is located on our Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright/trademark owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are authorized to act on behalf of the owner of the copyright/trademark interest involved.
Please consult your legal counsel or see Section 512(c)(3) of the US Copyright Act to confirm the requirements above with respect to copyright claims. Such written notice should be sent to our designated agent as follows: Copyright Agent Artsider Inc. 1135 Stanyan Street #9 San Francisco, CA 94117 USA firstname.lastname@example.org Once a complete and proper notice of claimed copyright infringement is received by the Designated Agent, or if Artsider otherwise comes to believe in good faith that Content on the Artsider website may contain material that infringes copyright, it is Artsider's policy to (1) remove or disable access to the Content or other material identified in the notice of claimed infringement; (2) notify the Artsider user that it has removed or disabled access to the Content; and (3) terminate any Artsider user account that has uploaded or posted Content that violates this Copyright Policy and/or these Terms of Service in more than one instance. Please also note that, under Section 512(f) of the US Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. Only DMCA notices should be sent to the Copyright Agent. For all other requests for technical support, feedback, comments, and other communications please contact email@example.com.
Filing a Counter Notice
If you believe that removal of the content is the result of a mistake (for example, that you have authorization) or misidentification, you may provide Artsider with a counter notice in writing to the attention of the Designated Agent at firstname.lastname@example.org. Such counter notice must provide the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the relevant matter;
- a description of the content which we have removed, including the URL on which the content was located on the Artsider site;
- your address, telephone number, and email address;
- a statement by you that you consent to the jurisdiction of the Federal District Court, Santa Clara County, California, United States and that you will accept service of process from the person who provided notification described above or an agent of such person;
- a statement by you that, under penalty of perjury, you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Before providing such notice, you should be aware that we are obliged to inform the complainant that you have provided that notice (and provide a copy of your counter-notice to them) and that their next step would be to take court action against you in the United States. If a counter-notice is received by the Copyright Agent, Artsider may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Artsider user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Artsider's discretion.
Artsider is founded on respect for others, and we take this very seriously. All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Artsider are entirely responsible for all Content that you post, or otherwise submit to the Site. Artsider does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Artsider. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, ‘stalk’, threaten, impersonate or intimidate any person;
- To interfere with other user's posts;
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Artsider user;
- To upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam, ‘chain letters, ‘pyramid schemes’ or any other form of solicitation;
- To distribute viruses or any other technologies that may harm Artsider or the interests of Artsider users;
- To create multiple accounts for the purpose of voting for or against users’ images or photographs;
- To post copyrighted Content which doesn’t belong to you, with exception of Blogs, where you may post such Content with explicit mention of the author’s name and a link to the source of the Content;
- To post Content or products in an inappropriate category or areas on Artsider’s websites and services;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
- To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services or may undermine any ratings that Artsider may use;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To promote or sell Content of another person;
- To sell or otherwise transfer your profile, account or user identification to another party without Artsider consent;
- To circumvent or manipulate our fee structure, the billing process, or fees owed to Artsider;
- To copy, modify, or distribute Content from any Artsider website or any Artsider copyrights or trademarks;
- To harm minors in any way, , including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
- To impersonate any person or entity, including, but not limited to, an Artsider official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- To access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
- To disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked websites.
You are solely responsible for your interactions with other users of the Site. Artsider reserves the right, but has no obligation, to monitor disputes between you and other users. No earnings will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of these Terms, including but not limited to no earnings on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity. You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our website, delay or remove hosted Content, and take technical and legal steps to keep users off the Artsider websites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for extended periods of time. To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under the “Copyright Complaints” section above) please send written notice to Artsider at email: email@example.com.
Access and Interference
Much of the information on Artsider is updated on a real-time basis and is proprietary or is licensed to Artsider by Artsiders's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access Artsider for any purpose whatsoever, without Artsider's prior express written permission. Additionally, you agree that you will not:
- take any action that imposes, or may impose, in Artsider's sole discretion, an unreasonable or disproportionately large load on Artsider's infrastructure;
- copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) without the prior express written permission of Artsider and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
- bypass any measures we may use to prevent or restrict access to the websites.
Reporting Inappropriate Content
At Artsider we do not review content before uploading it. We therefore urge the community to report any images that are deemed inappropriate or breach the rules of uploading as stated above. Because of this we have a reporting system where anyone can report an image to us if they feel it breaches our uploading rules. We urge people to report any images they feel breach our rules and regulations.
At this time, Artsider provides free online storage of your Content to registered members of the Service. However, you acknowledge and agree that Artsider may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that your Content will be retained by the Service, the maximum size of any Content files that may be stored on the Service, the maximum disk space that will be allotted to you for the storage of Content on Artsider's servers. Furthermore, you acknowledge that Artsider reserves the right to terminate or suspend accounts that are inactive, in Artsider's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Artsider shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that Artsider reserves the right to modify its storage policies from time to time, with or without notice to you.
All brand, product and service names used in this Site which identify Artsider or third parties and their products are proprietary marks of Artsider, Inc. and/or the relevant third parties. Nothing in this service shall be deemed to confer on any person any license or right on the part of Artsider or any third party with respect to any such image, logo or name. You shall not make any use of any Artsider trademarks, logos, or trade dress without prior express and written approval by Artsider.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Artsider has no control over such sites and resources, you acknowledge and agree that Artsider is not responsible for the availability or accuracy of such external sites or resources, and does not endorse and is not responsible or liable for any content, privacy policies, practices, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Artsider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Security of Information
No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.
Termination of Account
Disclaimer of Warranties
You understand and agree that your use of the site is at your sole risk. This site and the information, services, products, and materials available through it are provided on an “as is” and “as available” basis. To the fullest extent permissible pursuant to applicable law, Artsider and its affiliates expressly disclaim all warranties of any kind whether express of implied, including but not limited to any warranties of title, or implied warranties or merchantability, fitness for a particular purpose and non-infringement. Artsider does not make any warranty that (a) the site or its content will meet your requirements, or (b) that the site or service will be uninterrupted, timely, secure, or error free, or (c) the quality of any products, services, information, or other material purchased or obtained by you through the site will meet your expectations, or (d) that defects, if any, will be corrected. You agree that Artsider shall have no responsibility for any damages suffered by you in connection with the site or any content contained therein including but not limited to loss of data from delays, nondeliveries of content or email, errors, system down time, misdeliveries of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Artsider, its affiliates, its partners, or a user’s own errors and/or omissions. You expressly agree that use of this service, including all content, data or software distributed by, downloaded or accessed from or through this site, is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software. You acknowledge that Artsider does not control in any respect any information, products, or services offered by third parties on or through this service. Except as otherwise agreed in writing, Artsider and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of content or products distributed or made available by third parties through this site. Your acknowledge that Artsider makes no warranty or representation that confidentiality or information transmitted through this site will be maintained. No advice or information, whether oral or written, obtained by your from Artsider or through or from the site shall create any warranty not expressly stated in the agreement. The Site is controlled and offered by Artisder from its facilities in the United States of America. Artsider makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You represent and warrant that you are the owner of the content which you submit and that the content does not infringe upon the property rights, intellectual property rights (copyrights and trademarks) or other rights of others. You also represent that there not outstanding disputes in connection with the property rights, intellectual property rights or other rights in the content or any parts of the content. You hereby represent and warrant to us that this agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of not other persons; and neither violate not constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
Release and Indemnity
Limitation of Liability
IN NO EVENT SHALL ARTSIDER, OR ANY PARENT, SUBSIDIARY, AFFILIATE, DIRECTOR, OFFICER, EMPLOYEE, LICENSOR, DISTRIBUTOR, SUPPLIER, AGENT, RESELLER, OWNER, OR OPERATOR OF ARTSIDER, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT ON OUR WEBSITE OR IN ANY OF OUR PRODUCTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE OR ANY OF OUR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR VIA USE OF ANY OF OUR PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR CONTENT. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ARTSIDER SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
All notices given by you to us must be given to Artsider, Inc. on www.artsider.com or via email at www.artsider.com/contact (with respect to notices delivered to Artsider). We may give notice to you at either the e-mail or postal address you provide to us when registering or placing an order (with respect to notices provided to you). Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee, unless the sending party is notified that the email address is invalid.
Resolution of Disputes
If a dispute arises between you and Artsider, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Artsider agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. - Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Artsider must be resolved by a court located in San Francisco, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within San Francisco, California for the purpose of litigating all such claims or disputes. - Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. - Improperly Filed Claims - All claims you bring against Artsider must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Artsider may recover attorneys' fees and costs up to $1000, provided that Artsider has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.”
Modifications to the Website
Artsider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. Artsider shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Artsider are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This Agreement sets forth the entire understanding and agreement you and Artsider as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Content & Copyright Policy, Release, Liability, Indemnity and Resolution of Disputes. If any provision of these Terms of Service is deemed invalid by such court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Artsider’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. You agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues; otherwise, such cause of action shall be permanently barred. These Terms constitutes the entire agreement between you and Artsider, and supersedes all other communications, written or oral, with regard to the services provided by Artsider.
Violations of These Terms of Service
Please report any violations of the Terms of Service, including objectionable user submissions or behavior, to firstname.lastname@example.org. Please state the reasons for your concern and provide a copy or a link to the user Content, artwork, products or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, Artsider in its sole discretion may investigate the matter and take such action as Artsider determines to be appropriate.
Updates to Terms of Service
These Terms of Service were last updated on September 10th, 2015.