Terms of Service
Terms of Service Update 3/22/2023
I) INTRODUCTION
Welcome to artrepreneur.com. Please read these Terms of Service (this “TOS”) carefully before using the services offered by Orangenius, Inc. DBA Artrepreneur, a Delaware corporation (“Artrepreneur”), as it is a legally binding contract between Artrepreneur and its users and visitors (“users,” “you”).
This TOS sets forth the terms and conditions of our relationship and governs your use of the Artrepreneur website at artrepreneur.com (“Platform”), including your offering for sale and/or purchase of visual art (“Artwork”) through the Platform’s marketplaces (“Marketplace”), your offering of, provision, or purchase of creative services (“Creative Services”), your offering of or application to a job (“Job Board”), your offering or application to an art competition (“Open Call”), and all other features, applications, newsletters, blogs, materials, and services offered by Artrepreneur relating to the foregoing, whether now offered or offered at a future date (collectively, the “Services”). These Terms incorporate by reference the Artrepreneur Arbitration Policy, Community Guidelines, DMCA (Copyright) Policy, Image Upload Guidelines, Store and Showroom Rules, Open Call Rules, Legal Disclaimer, and Privacy Policy, and any other documents found in the Policies and Guidelines Section of Artrepreneur’s Help Center (collectively, these “Terms”).
IMPORTANT NOTICE: SECTION XIX OF THIS TOS REFERS TO AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST ARTREPRENEUR TO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION, (A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ARTREPRENEUR ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS, INCLUDING BUT NOT LIMITED TO SECTION XIX OF THE TOS AND THE ARBITRATION POLICY IN OUR HELP CENTER.
You acknowledge and agree that, as the provider of the Platform, Artrepreneur does not own, control, offer, or manage any listings on the Marketplace or Job Board. Artrepreneur is not a party to the contracts concluded directly between users and does not act as an agent in any capacity for any user. AS FURTHER DESCRIBED IN SECTIONS XIV (DISPUTES WITH OTHER USERS) AND XVI (WARRANTIES AND LIMITATION OF LIABILITY), BY AGREEING TO THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THAT ARTREPRENEUR MAKES NO WARRANTY ABOUT THE CONDITION, QUALITY, OR LEGALITY OF THE ARTWORK THAT YOU PURCHASE. ANY LEGAL CLAIM RELATED TO ARTWORK, CREATIVE SERVICES, JOB POSTINGS, OR OPEN CALLS MUST BE BROUGHT DIRECTLY AGAINST THE APPLICABLE USER AND NOT ARTREPRENEUR.
Please read these Terms thoroughly and carefully before accessing the Platform or using the Services. IF YOU DO NOT ACCEPT THESE TERMS OR ARE NOT ELIGIBLE TO USE THE SERVICES, YOU DO NOT HAVE OUR PERMISSION TO USE OR ACCESS THE PLATFORM, SELL OR PURCHASE ARTWORK, OR USE ANY OF ARTREPRENEUR’S SERVICES.
II) MEMBER TERMS
To use certain Platform features, you may be required to register for a member account (“Account”), as further described in Section V below. Registered Account holders of the Platform shall be referred to herein as “Members,” and unregistered Platform users shall be referred to herein as “Visitors.” While these Terms apply to all Platform users, certain provisions of these Terms may apply only to Members or certain Member Types (as defined below).
No part of the Platform is directed to or targets children younger than 13 years of age, and children younger than 13 years of age are not permitted to access the Platform or Services. Minors under the age of 18 and at least 13 years of age are only permitted to access the Platform or use the Services through an account owned by their parent or legal guardian with their direct supervision and permission. If the law applicable to your jurisdiction requires that you must be older than 18 for Artrepreneur to provide you access to the Platform without parental consent, then the minimum age under such applicable law will be the minimum age for purposes of these Terms. Artrepreneur strongly urges all parents and legal guardians to monitor their children’s Internet use. Parents should be aware that parental control tools are available from other sources on the Internet that they can use to prevent their children from accessing or submitting information online without parental permission. If Artrepreneur learns that it has collected the personal information of a child younger than 13 years old, Artrepreneur will take steps to delete such information from Artrepreneur’s files as soon as commercially reasonably possible. Please see Artrepreneur’s Privacy Policy for further information and direct any inquiries related to the following to Artrepreneur’s Contact Page.
Artrepreneur reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Artrepreneur’s sole discretion. Such new Terms will immediately take effect upon Artrepreneur posting such new Terms on the Platform and updating the “last updated” date. Notwithstanding the foregoing, if Artrepreneur makes any material changes to these Terms, Artrepreneur will use reasonable efforts to notify you in advance by sending you an email about the changes or via other messages through the Platform. Your continued use of the Platform following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms.
III) INTELLECTUAL PROPERTY
The Platform and all its contents are protected under various domestic and international copyright, trademark, and other applicable laws. As between you and Artrepreneur, all rights, title, and interests of any kind in and to the Platform, including, without limitation, all copyrights and intellectual property rights of any kind (excepting only Member Content, which remains exclusively your property, as defined below in Section VI (Member Content)) and Artrepreneur’s name, logos, and overall brand (including the trademarks and service marks for Artrepreneur™ and its logo, Art Journal, are entirely owned by Artrepreneur or Artrepreneur’s affiliates, licensors, vendors, and partners (collectively, “Affiliates”).
Subject to your full compliance with the Terms, Artrepreneur grants you a limited, non-exclusive, non-sublicensable, and non-transferable license and permission to access the Platform for the stated purposes herein. Notwithstanding the foregoing, nothing contained in these Terms should be construed as granting, by implication or otherwise, any license or right to use the Platform, Services, Artwork, or any other materials found on the Platform without the express written permission of Artrepreneur or the applicable Affiliate or Platform user, beyond the rights to access, use, and/or view the Platform for the expressly stated purposes herein. Artrepreneur explicitly reserves all rights not expressly contemplated herein that relate to the Platform.
If you believe your intellectual property rights are being infringed upon on the Platform, please use Artrepreneur’s DMCA takedown procedure as outlined in Artrepreneur’s DMCA Policy. Please note, Artrepreneur cannot speak on behalf of intellectual property owners, nor is Artrepreneur in a position to offer legal advice or make legal determinations (including fair use determinations) whether any Artwork or Member Content infringes someone else’s intellectual property rights. Artrepreneur will strive to respond quickly when Artrepreneur receives proper notice of intellectual property infringements by removing or disabling access to the allegedly infringing material when provided with proper notice.
IV) THIRD-PARTY SERVICES, SITES, AND MATERIALS
The Platform interoperates with several third-party site services, including, without limitation, Facebook, Google, Stripe, and PayPal (collectively, “Third Party Services”). Some of the Services provided depend on such Third-Party Services’ availability. If at any time any Third-Party Services cease to provide the availability to Artrepreneur, Artrepreneur may cease to provide such features to you without entitling you to refund, credit, or other compensation. To use the features of the Services related to the Third-Party Services, you may be required to register for an account with such Third Party Service. If any terms or policies of any Third-Party Services conflict with these Terms, the terms or policies of the applicable Third Party Service will apply solely to using that Third-Party Service.
You acknowledge and agree that using some Third-Party Services is subject to your acceptance of the terms of use, privacy policy, and all other terms or policies of applicable Third Party Services. You understand Artrepreneur does not control the terms, conditions, and privacy policies offered by Third Party Services, including, without limitation, how a Third-Party Service manages personal information, charges you for their services, and how and when Third-Party Services modify or amend their own terms of service, privacy policies, and other terms and policies. Artrepreneur encourages you to review all terms a Third-Party Service offers before using its services. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that it is your sole responsibility to verify your ability to purchase, cancel, or obtain a refund for a Third-Party Service. Artrepreneur is not liable to you for inability to obtain a refund from or through a Third-Party Service. Your use of all Third-Party Services is at your own risk, and Artrepreneur is not responsible for any damages or other losses you may incur through using any Third Party Service.
The Platform may contain links to third-party content for users’ convenience, advertising purposes, or other functions related to Artrepreneur’s general business activities. Artrepreneur may not even post such links but instead posted by users of the Platform. Artrepreneur, or any user, linking or embedding third-party content within the Platform does not imply an advertisement or endorsement of any good, service, product, or otherwise by Artrepreneur. Artrepreneur is not responsible for any such linked content and expressly disclaims, without limitation, any responsibility for any third-party content, the accuracy of any such information, or the quality of such products and services.
V) ACCOUNTS
To access certain features of the Platform, you may be required to register for an Account. When you register to become a Member, you can choose between different membership types (“Member Types”). Currently, Artrepreneur offers the Member Types for the following individuals and organizations: (1) individual artists (“Artists”), (2) businesses and organizations (each, an “Organization”), and (3) buyers or other non-visual artists (collectively, “Buyer /Browsers”). Additionally, both Artists and Organizations can upgrade to a paid Pro plan (“Pro Plan”). Each Member Type and Plan (defined below) may have services, functions, or features unique to that Member Type, so please review these Terms and Artrepreneur’s Pricing page.
You may register for an Account on Artrepreneur’s Signup page by establishing a username and password or using single sign-on authentication (OAuth) via a Third-Party Service. The Signup/login pages on the Platform will inform you what authentication may be used to create an account and login into the Platform. Artrepreneur reserves the right to amend what authentication can be used to access the Platform at any time. You agree that all information you submit during the account signup process or additional information you submit to your account profile at any time thereafter shall be accurate and truthful. You agree to keep it up to date. Please review Artrepreneur’s Privacy Policy to learn more about the information Artrepreneur collects during the Account sign-up or authentication process. As of the effective date of these Terms, Artrepreneur requires your name or professional pseudonym, email address, geographic location, and specialty when joining the Platform. However, if you are an Artist or Organization, Artrepreneur highly recommends that you upload Artwork and add relevant information to your resumé/profile, such as a personal or artistic statement, to help other Members, buyers, collectors, or potential clients and employers learn more about you and your creative process.
You acknowledge that your Account is unique and personal to you, and you are responsible for maintaining the security of and restricting access to your account and password. You agree to accept responsibility for all Artwork purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Platform via your Account are familiar with these Terms and that they will comply with them. Artrepreneur does not have access to your password. If you can no longer access your password, please use the “Forgot Password” link on the Account login screens. If you no longer have access to the email account/social media platform you used to sign up for your account, or if you know or suspect that anyone other than you knows your password, you must promptly notify Artrepreneur at Artrepreneur’s Contact Page.
In certain circumstances, you may create multiple Accounts. For example, you may want an Artist account for your photographic works and an Organization account highlighting your graphic design work. You shall not create excessive multiple or fake accounts to solicit or gain an unfair advantage over other Members. If you create multiple legitimate Accounts, please note that each account must use a unique email address. You will not be able to create multiple accounts with the same email. You may also add multiple email addresses to any Account from your settings page.
You have the ability to delete your Account directly through the Platform’s settings page. You understand that upon deletion of your Account, you may lose the right to access or use all or part of the Platform or your ability to purchase Artwork.
Without limiting anything contained herein, Artrepreneur reserves the right to disable, suspend, or terminate your Account, at any time, for any reason in Artrepreneur’s sole discretion, including, without limitation, if you fail to comply with any provision of these Terms.
VI) MEMBER CONTENT
Certain features of the Platform allow Members to upload and otherwise share information and other content on the Platform (“Member Content”), including, without limitation, Artwork that you upload to your Account, other submissions and statements you make on the Platform, and certain other account information, including your name, image, resume, and biographical materials. Visitors cannot add content, save or like artwork, contact other members, or purchase artwork. As further set out in Artrepreneur’s Privacy Policy, except for your email address, direct messages sent via the Platform, and other materials stored by Third Party Services, all Member Content will likely be publicly available on the Platform. Additional information and requirements for Member Content can be found on Artrepreneur’s Community and Image Guidelines found in the Help Center.
As between Artrepreneur and each Member, a Member retains all rights, title, and interests in and to all ownership and other interest(s) in your Member Content. Therefore, Members must hold the copyright or have other ownership rights to the content they upload to Artrepreneur. As such, Artwork in the Public Domain, including, but not limited to, Artwork with expired copyrights or AI-generated images, is prohibited. Artrepreneur will not be deemed the owner of any Member Content, including your Artwork, subject to all licenses to Member Content contained herein. In connection with the foregoing, you grant to Artrepreneur and its Affiliates a non-exclusive worldwide, royalty-free, fully paid-up, perpetual, sublicensable, transferable, and irrevocable, limited license to copy, distribute, display, transmit, store, and otherwise use your Member Content for the sole purposes of (1) Artrepreneur offering the Platform and/or providing the Services (this permits, for instance, Artrepreneur to allow Artrepreneur’s web-hosting company to host the Platform and for other users to view your Artwork and otherwise view, access, and engage on the Platform), (2) to promote your Artwork in any media (including displaying Member Content on the Platform, Artrepreneur’s social media channels, and including Member Content in Artrepreneur’s newsletters and email lists), and (3) for all other purposes specifically referenced within the Terms. Without limiting the foregoing, this includes granting other Members and Visitors to the Platform the right and license to view your Member Content on or through the Platform. All other uses of Member Content shall be subject to your approval (email and direct messages via the Platform are deemed sufficient for such purposes).
You understand and agree that Artrepreneur uses commercially reasonable efforts to accurately display the colors of Member Content uploaded to the Platform. However, because individual computer monitors or other displays may have technical differences and/or display colors differently, you agree Artrepreneur is not responsible for any color inaccuracy of any Member Content displayed on the Platform. If you have questions regarding color accuracy, please contact Artrepreneur on Artrepreneur’s Contact Page.
VII) FEES AND PAYMENTS
Currently, Artrepreneur offers a 1) Basic Plan, 2) Pro Artist Plan, and 3) Pro Organizations Plan (each a “Plan”). Each Plan has different features, functionality, and fees, as further set forth in these Terms. A Member can upgrade or downgrade their Account at any time, subject to these Terms. Please be sure to review these Terms and Artrepreneur’s Pricing pages.
Paid Plans are a subscription-based model for the fees set forth on Artrepreneur’s Plan Pricing page (“Fee”). Notwithstanding any fee currently listed on the Plan pricing page, Pro Plan Accounts activated before March 4, 2020, will pay nine dollars ($9.00) per month for the life of their Pro Plan membership. Please see Artrepreneur’s Pricing page for a list of features available with each Member Type. You will also find additional information and tutorials for these features in Artrepreneur’s Help Center.
To upgrade to a Pro Artist Plan or Pro Organizations Plan (together, the “Pro Plans”), you will have to enter a credit or debit card into your Account, which can be multiple different cards (“Payment Method”). Please note, Artrepreneur does not store your credit card on Artrepreneur’s servers or properties in accordance with Artrepreneur’s Privacy Policy. Artrepreneur’s Third Party Service payment processor, Stripe, will store and house such information. In connection with the same, you hereby authorize Artrepreneur’s payment processors, including Stripe, to charge the Payment Method associated with your Account for the Fee. By using the Stripe payment processing services, you agree to the Stripe Terms of Service available at https://stripe.com/legal. Artrepreneur has no access to your credit card despite signing up for or paying Fees. Artrepreneur only stores your name, email, and address in accordance with Artrepreneur’s Privacy Policy.
If you decide to subscribe to a Pro Plan, you agree to pay Artrepreneur the Fee and any applicable fees and taxes (including any foreign exchange fees or differences in prices based on location). Artrepreneur may calculate any taxes you pay based on the billing information you provide Artrepreneur at the time of purchase. All monthly or annual Fee(s) are billed automatically to your Payment Method at the start of each applicable period (i.e., the date you first establish a Pro Member Type) unless you terminate your Pro Member Type before starting the subsequent applicable period. Artrepreneur recommends that you cancel one (1) business day before the end of the applicable period to avoid being charged for the next cycle. You can access the Pro Member Type through the remainder of the applicable period upon cancellation. The Fee will not be reduced if you elect not to use or access the Platform during the remainder of the applicable period. Artrepreneur does not provide refunds on any Fees unless required under the local laws applicable to your jurisdiction. Failure to pay the Fee will terminate your Pro Plan, and you will be downgraded to the Basic Plan. Notwithstanding anything contrary to herein, all Fees are subject to change, subject to applicable law. Artrepreneur will notify Members thirty (30) days before any Fee changes.
Upon any failure to process payment for Fees, Artrepreneur reserves the right, in Artrepreneur’s sole discretion, to cease providing Pro Plan access to you, which will limit your access to certain features of the Platform. If a free trial for a Pro Account is offered and you elect not to subscribe to a Pro Plan after the trial period ends, you will not be eligible to sign up for another free trial for such Pro Member Types unless expressly agreed to by Artrepreneur.
VIII) SELLING ARTWORK AND SERVICES
Artrepreneur offers several ways to sell artwork on its platform (collectively known herein as “Marketplace”). The Marketplace helps facilitate sales between Buyers and Sellers of Artwork. For more detailed information, please see our Store and Showroom Rules and Help Center.
There are several ways to sell artwork on Artrepreneur, including but not limited to the following:
- Originals Store. Originals or limited editions are sold through the Artrepreneur Originals Store (Sell Direct). Sales are handled by the Seller directly, and Artrepreneur is not involved in the transaction or shipping. We only provide a platform to connect buyers with our Artists/Sellers and a method for members to accept payments through PayPal or to link to other payment methods such as email or personal websites. A Pro Plan is not required.
- Terms for Sellers. Each Artwork must be submitted for approval by Artrepreneur before it can be made available for sale. Artwork submitted for approval may be rejected by Artrepreneur for any reason, including but not limited to failure to meet Artrepreneur’s quality standards. Sellers may have up to five (5) pieces of Artwork pending approval. The Seller sets the sale price and shipping costs. According to industry standards, the sale price and shipping fee must be fair and reasonable. Details about the artwork and the sales details, such as the size or shipping details, must be accurate. Artrepreneur reserves the right to remove Artwork for unreasonable pricing or misleading descriptions or to change the Print Cost at its own discretion.
- Terms for Buyers. You must be a Member to initiate a sales transaction. You are solely responsible for calculating, reporting, and paying any taxes that may be due as a result of any purchase. Any shipping or delivery estimates. Artrepreneur is not involved in the sales transaction, including, but not limited to, the payment, fulfillment, or shipping of any Artwork sold through a Marketplace or Showroom. Artrepreneur accepts no risk of loss when a seller fails to package their artwork adequately. All such issues should be resolved solely between the buyer and seller.
- Giclée Print Store. Artrepreneur members can sell unsigned Giclée prints in the Giclée Print Store. While Originals and Limited Editions are sold directly by the artist, Giclée prints sold through the Giclée Print Store are handled by Artrepreneur, including payment, printing, shipping, etc.
- Terms for Artists. Artists may apply to sell Giclée prints of their Artwork, which will be printed and shipped by Artrepreneur’s third-party vendor (“GicléePrint”). Each Artwork must be submitted for approval by Artrepreneur before it can be made available for sale. When submitting artwork for approval, the Artist must upload a high-resolution image that adheres to the specifications (“Specs”) provided during the submission process. Artwork submitted for approval may be rejected by Artrepreneur for any reason, including but not limited to failure to meet Artrepreneur’s quality standards. Artist may have up to five (5) pieces of Artwork pending approval at any time. After upload, the Artist will be shown a maximum printable size (“Max Size”). If approved, Artists may choose up to three (3) sizes for sale, each of which must be within the size range provided in the Specs and no larger than the Max Size. Artrepreneur will provide the Artist with a print production cost (“Print Cost”) for each size. The Artists set the amount of profit (“Profit”) they want to receive from the sale of each Giclée Print size being offered, which will be added to the Print Cost to calculate a final sale price to the buyer. Shipping will be paid by the Buyer and calculated at the time of purchase. Artists can change the Profit for each size at any time. Profit must be fair and reasonable according to industry standards. Artrepreneur reserves the right to remove Artwork for unreasonable pricing at its own discretion or to change the Print Cost at any time.
Artists must have and provide an email address from a valid PayPal account to receive payment for sold Giclée Prints. Payments will be made on the following 1st or 15th day of each calendar month, thirty (30) days after the date the Giclée Print was sold. A 2.9% credit card transaction fee of the sale price will be deducted from the Payment.
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- Terms for Purchasers of Giclée Prints. You must be a Member to order a Giclée Print. You are solely responsible for calculating, reporting, and paying any taxes that may be due as a result of any Giclée Print purchase. You acknowledge that Artrepreneur does not print, manufacture, ship, or otherwise produce Giclée Prints. Giclée Prints are printed by an independent contractor of Artrepreneur and shipped through shipping carriers, such as, but not limited to, UPS or FedEx. Any shipping or delivery estimates are estimates only, and Artrepreneur makes no guarantees concerning the printing vendor or shipping carrier’s performance other than those expressly provided in this Agreement. Artrepreneur is not responsible for any customs or import/export requirements.
You acknowledge that circumstances outside of Artrepreneur’s control may delay fulfillment or delivery, including, but not limited to, high order volumes, holidays, weather, printing delays, and shipping delays. Members who have purchased Giclée Prints will be provided a UPS tracking number upon shipment and must address any concerns regarding delivery directly with UPS. Artrepreneur is not liable for UPS delays or any Giclée Prints lost, damaged, or delayed in transit. Shipping delays will occur if an incorrect or incomplete mailing address is provided. Artrepreneur is not responsible for lost packages because you provide an incorrect or incomplete shipping address.
Because Giclée Prints are custom printed when ordered, refunds and returns of Giclée Prints are not accepted unless: (1) the Giclée Print you received is not the artwork or size you ordered; or (2) the Giclée Print has a clear manufacturing defect (together, a “Clear Defect”). If you think the Giclée Print you received has a Clear Defect, please contact us within fourteen (14) days of delivering the relevant print. You acknowledge and agree that Giclée Prints are printed from the Artwork image provided by the Artist and that any Giclée Print will not be of a higher quality than the image displayed on the Platform. Actual colors may vary as a result of computer monitors displaying colors differently. Under no circumstances will a return be accepted, or a refund is provided because a Giclée Print did not meet your expectations or for any other reason except a Clear Defect.
- Showrooms. Showrooms are personal stores where Pro Members can sell originals, and limited edition works without approval by our curatorial staff. (If Original Artworks available for sale are also being sold as Giclée Prints in the Giclée Print store, those prints will also be available in the Showroom. However, Artwork sold as Gicleé prints only will not be available for sale in a Showroom). Pro members may choose to include an original or limited-edition artwork made available for sale in their Showroom. Artwork that is available for sale but not included in a Showroom can still be purchased on the Artwork’s detail page. For additional information, see Manage Showrooms in the Pro section of our Help Center.
Members selling Artwork do not pay any commission to Artrepreneur on Artwork sales. Please see our Store and Showroom Rules and related sections in our Help Center for more information regarding artwork purchases.
Approval Process. Our curatorial team must review and approve artworks before inclusion in either the Artrepreneur Originals or Giclée Print Stores. Original Artwork sold in Pro Member Showrooms does not require approval.
Additional Information.
- You cannot use your Pro Plan Payment Method to purchase any Artwork or Creative Services; your Pro Plan Payment Method is solely used in connection with the collection of the Pro Plan Fee.
- Some Third Party Services, such as PayPal, have certain transaction limitations (such as no transactions over USD 10,000.00), so please make sure to review the Marketplace and Showroom Rules in the Help Center or such Third Party Services terms and conditions before entering into any transaction with an Artist, Organization, or Buyer/Browser.
- If you desire to purchase artwork on Artrepreneur, you must join Artrepreneur before you can purchase. Membership is free. If you desire to purchase original or limited-edition artwork directly from the artist (i.e., in the Originals Store or Showrooms), you must use the payment method chosen by, or otherwise agreed to, by the Seller. While you may communicate with Members via messages on the Platform and/or agree upon specific terms of the sale within the Platform, the transaction must be finalized off the Platform via a Third-Party Service, such as Stripe or PayPal by other means, provided by the Seller.
You understand that Artrepreneur does not manufacture, store, or inspect any Original or Limited-Edition Artwork offered through the Platform directly from our Members. Artrepreneur provides the Originals Store and Showrooms as a listing service to connect buyers and sellers but does not participate in the transaction. Without limiting anything herein, Artrepreneur cannot and does not make any warranties about the quality, safety, non-infringement, or legality of any Artwork. Any legal claim related to an Artwork must exclusively be brought directly against the selling Artist (or, in the case of the Artist having a claim, to the buying Fan or Organization). YOU RELEASE ARTREPRENEUR FROM ANY CLAIMS RELATED TO ARTWORK CREATIVE SERVICES SOLD THROUGH THE PLATFORM, INCLUDING, WITHOUT LIMITATION, FOR DEFECTIVE WORK PRODUCTS, MISREPRESENTATIONS BY ARTISTS, OR ITEMS THAT CAUSE PHYSICAL INJURY (INCLUDING PRODUCT LIABILITY CLAIMS).
If you and another Member meet offline to consummate a transaction, fulfill the shipment of Artwork transacted via the Platform, or otherwise, please be careful and exercise caution and good judgment in all interactions with others. If you do meet another Member or Visitor offline, including representatives of such Member or Visitor, Artrepreneur accepts no responsibility or liability in connection with your interaction in accordance with these Terms but kindly recommends that you always meet in a public, well-lit location. Do not go into another’s home or property, bring a second person with you and tell others where you are going, bring your cell phone and keep it on you, and overall, trust your instincts and leave if you are uncomfortable. Additionally, Artrepreneur encourages you to keep all communications for Artwork transactions within the Artrepreneur direct messaging system or other savable electronic formats (such as your personal email, etc.), to have a written record of events when a transaction does not go as planned.
IX) COMMERCIAL READY AND ATP.ART
Artrepreneur provides artwork, curatorial services, art installation, and media and promotional services (“Commercial Services”) for large-scale projects (“Projects”) to top organizations in commercial real estate, retail, hospitality, financial services, media, and architectural design (“Clients”). As part of its Commercial Services, Artrepreneur may purchase, produce, or resell artwork from the Platform to its Clients. Artrepreneur may execute additional agreements (“Commercial Agreements”) with Members to provide Commercial Services. Except as otherwise provided in these Terms of Service, if any provision contained in the Commercial Agreements is in conflict with, or inconsistent with, any provision in this Terms of Service, the Commercial Agreement shall govern.
Information about Artrepreneur’s Commercial Services and Projects can be found at atp.art, which incorporates this Term of Service and other policies found in the Policies and Guidelines Section in our Help Center.
To make it easier for Artrepreneur to find and present Artworks to Clients for Projects, Artrepreneur intends to develop a list of Commercial Ready Artworks from the Platform. Artworks that are determined to be Commercial Ready will receive an “atp.art” badge, which can be found on the Artwork’s detail page. Members with at least one Commercial Ready work will also find the atp.art badge on their Profile page. (For additional information on the process and criteria for being Commercial Ready, please see Be Commercial Ready in our Help Center).
Members accept and agree that Artwork on the Platform marked as Commercial Ready may be used in presentations to Clients to facilitate a sale of your work. The parties hereto acknowledge and agree that Artrepreneur cannot guarantee that Artwork listed as Commercial Ready will be presented to Clients or that presented artwork will be purchased for use in a Project. The parties also acknowledge and agree that Artwork listed as Commercial Ready or Artwork purchased for Projects may be displayed on atp.art.
Please contact support if your Artwork has been listed as Commercial Ready and you want the designation removed.
X) JOB BOARD
Artrepreneur offers a Job Board as part of the Platform that enables artists to apply for a Job posted by our Clients. Artist Members may apply for a job by clicking the apply button on any job posting. Follow the wizard to upload the Artworks and designs you wish to include in your submission. You may also create an optional cover letter during the application process. Once the application steps are complete, a copy of the resumé/CV from your Profile, along with a PDF resume, if provided (See Uploading a PDF Resumé/CV in the Help Center), and your selected Artwork will be sent to the sponsoring organization.
Artrepreneur and the Platform are not an employment agency service or business, and Artrepreneur does not investigate or vet any Artist, Organization, or Job Posting. Artrepreneur is solely providing a venue to connect creative professionals with businesses that have job opportunities.
XI) ARTREPRENEUR CONTENT
As part of the Platform, Artrepreneur offers its own content, including, but not limited to (collectively, the “Artrepreneur Content”):
These Terms govern the use and access to Artrepreneur Content. Members may comment on some of the Artrepreneur Content offered, the same being deemed Member Content hereunder. Once a visitor signs up for an Artrepreneur Member Account, such Members will be automatically enrolled in our newsletters. Visitors may also sign up for newsletters for Artrepreneur Content, if available.
As further outlined in Artrepreneur’s Privacy Policy, you may unsubscribe at any time from these and other newsletters through the unsubscribe button at the bottom of all newsletters.
All Artrepreneur Content is the exclusive intellectual property of Artrepreneur and its respective licensors. The views expressed are those of the authors in their personal capacities and are not necessarily those of Artrepreneur.
The information provided on the Platform, including the Artrepreneur Content, does not, nor is intended to, constitute legal advice. All materials on the Platform are for general informational purposes only. Readers should contact an attorney to obtain legal and business advice concerning any particular legal matter. All liability concerning actions taken or not taken by you based on the Platform’s contents is expressly disclaimed, and Artrepreneur shall have no liability to you regarding the same. Also, see our Legal Disclaimer in the Policies and Guidelines section of our Help Center.
XII) USER CONDUCT, RESTRICTIONS, AND REPRESENTATIONS
You agree only to use the Platform as expressly permitted by these Terms, and ANY VIOLATION OF THESE TERMS MAY RESULT IN TERMINATION OF YOUR ACCOUNT, AT ARTREPRENEUR’S SOLE DISCRETION.
You represent and warrant that you are not, and will not be, under any disability, or other restriction, which prevents your ability to enter into, perform according to, and comply with all of the Terms. You acknowledge that you are at least 18 years of age (or the age of majority in your jurisdiction, if older) or have a requisite parent or legal guardian consent as otherwise stated herein.
You represent and warrant that your use of the Platform, including, without limitation, uploading or posting Member Content to the Platform or selling any Artwork, will not violate any law or regulation, including, without limitation, copyright, trademark, patent, trade secret, publicity, and privacy laws, or interfere with any third party’s use and enjoyment of the Platform. You warrant and represent that you have all necessary licenses, rights, consents, and permissions in and to the Member Content (including Artwork) that you make available through the Platform and will be solely responsible if you do not have sufficient rights in and to Member Content in accordance with all other terms herein.
You represent and warrant that you will not upload payment information to your Account and/or use any debit card, credit card, or other forms of payment on the Platform unless you have all necessary authorization. Artrepreneur is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by you or another Member that is deceptive, fraudulent, or otherwise invalid (“Fraudulent Actions”). By using the Services, you hereby release Artrepreneur from any liability arising from Fraudulent Actions. You will also use “best efforts” to promptly notify Artrepreneur of any Fraudulent Actions which may affect the Services. Artrepreneur reserves the right, in its sole discretion, to terminate your account if you engage in, or permit any Member to engage in, Fraudulent Actions.
You further represent and warrant that you shall not, at any time, without Artrepreneur’s express written consent in each instance or otherwise explicitly and expressly provided by these Terms:
(1) transfer, rent, lease, lend, sell, resell, sublicense, or otherwise commercially exploit the Platform, in whole or in part;
(2) use, distribute, modify, create derivative works from, or copy the Platform, any Account profile, or any Artwork owned or controlled by another user, in whole or in part;
(3) decompile, reverse engineer, disassemble, and attempt to derive the source code or underlying algorithms of the Platform or third-party services in whole or in part;
(4) develop, support, or use any software, devices, scripts, “bots,” “spiders,” or any other technology or processes to scrape the Platform or Third-Party Services or otherwise harvest data from the Platform or Third-Party Services, in whole or in part;
(5) attempt to gain unauthorized access, or permit unauthorized access to the Platform Third Party Services (including any Account) or any of Artrepreneur’s related systems or networks, or bypass any measures Artrepreneur takes to restrict access to the Platform or Third Party Services;
(6) publish or link on the Platform to malicious content intended to damage or disrupt Artrepreneur or any other third party’s software or hardware;
(7) take any action that Artrepreneur, in Artrepreneur’s sole discretion, deems to impose or to potentially impose an unreasonable or disproportionately large load on Artrepreneur’s network or systems; including, without limitation, uploading the contents of your phone as Artwork to your Account;
(8) submit or post any information or content on the Platform or Third-Party Services that is abusive, harassing, threatening, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable and offensive, including, without limitation, contacting another user of the Platform with information or content. Without limiting anything herein, Artrepreneur may remove any such Member Content (including Artwork) at any time;
(9) remove any copyright, trademark, or other intellectual property notices from the Platform or Third-Party Services, including, without limitation, any artwork copyright notices posted by any user of the site;
(10) use or attempt to use the Platform or Third-Party Services in any manner that violates any applicable law or violates or infringes the rights of any other party, including copyright, publicity, privacy, or other intellectual property rights;
(11) use the copyrighted material, trademarks, service marks, and logos of Affiliates or other third-parties, including, without limitation, the Third-Party Services, without such affiliate or licensee’s permission;
(12) Artificially collect likes, followers, or shares on the Platform, or post repetitive likes, comments, or content, or repeatedly contact people for commercial purposes without their consent;
(13) misrepresent your identity or any biographical information in your Account; and
(14) impersonate any person(s) or entities while using the Platform, whether directly or indirectly.
You represent and warrant that you understand that Artrepreneur is not, and does not accept to be, your data repository of record and/or a cloud-based storage website. You are solely responsible for saving backup copies of any Member Content you upload to the Platform. Artrepreneur has no obligation to provide you with access to or backup copies of any Member Content.
You understand that the placement of Member Content, including your Artwork, resumes, and portfolios, in Artrepreneur’s search and browse results may be based on factors and algorithms that are automated and/or not available to you. As further set forth in Section XVI (Warranties and Limitation of Liability), you understand that Artrepreneur makes no guarantees that Member Content (including Artwork) will be found in any Artrepreneur search result.
On occasion, there may be bugs or other technical issues that Artrepreneur did not catch or could not anticipate before releasing updates to the public. Please help Artrepreneur identify bugs or other technical issues that may have slipped through the cracks so that Artrepreneur may squash them and build a better Platform for you. Artrepreneur appreciates all assistance. Report a bug or other technical issues here.
You acknowledge that you may not use the Platform in any other way not expressly stated herein or approved by Artrepreneur in writing.
XIII) ARTREPRENEUR RESERVATION OF RIGHTS
Artrepreneur may suspend, withdraw, discontinue, limit, or change all or any part of the Platform, your access to the Platform, and your use of the Platform, without notice, for any reason, with or without cause, at any time, in Artrepreneur’s sole discretion, including, without limitation, forbidding you to access to the Platform, terminating your Account, and ceasing to market, display, and distribute any Member Content (including Artwork) that you upload to the Platform. This could include the immediate forfeiture and destruction of all information associated with your Account for the avoidance of doubt. Artrepreneur reserves the right, in Artrepreneur’s sole discretion, to change how Artrepreneur operates at any time for any reason. If your Account is suspended or terminated, Artrepreneur shall not be liable to you for your inability to access any content. Artrepreneur recommends always saving backup copies of your Member Content (including Artwork) off the Platform.
Artrepreneur may reclaim any username or custom URL (see Customizing URLs in our Help Center) at any time which Artrepreneur believes, in Artrepreneur’s sole discretion, violates any other party’s intellectual property rights, is inactive or has the potential to mislead or deceive other users of the Platform in any way. If Artrepreneur reclaims any username or custom URL, Artrepreneur will use reasonable commercial efforts to provide you with notice before such reclaiming, and you may need to create a new Account to continue using the Platform. Subject to your compliance with all other terms and conditions contained herein, Artrepreneur will attempt to reasonably assist you in transferring your Account to a new username.
Notwithstanding anything to the contrary contained herein, Artrepreneur reserves the right to remove any Member Content that does not comply with the Terms. For clarity, if a piece of Member Content (including Artwork) violates these Terms, such as areas of a resume that promote hate speech, Artrepreneur may remove the references in question.
Artrepreneur may occasionally use various technologies to verify your compliance with these Terms, and you consent to Artrepreneur using any monitoring or other technology associated with monitoring your access to the Platform.
Artrepreneur explicitly reserves all rights not expressly contemplated herein related to the Platform or Artrepreneur’s business operations.
XIV) DISPUTES WITH OTHER USERS
Artrepreneur is not involved in the sale of Artwork, including, but not limited to, the payment, fulfillment, or shipping of any Artwork sold through a Marketplace or Showrooms. Artrepreneur is further not involved in the posting or fulfillment of any Job Posting. If you find yourself in a dispute with another user in connection with the Platform, such as an issue with a purchase or sale of Artwork, Artrepreneur encourages you to contact the other party and try to resolve the dispute amicably. Alternatively, please contact the payment processor or your credit card company to resolve the dispute.
Artrepreneur has no obligation to resolve any disputes between sellers and buyers or any other member-to-member transactions. Artrepreneur accepts no responsibility for the actions of such third parties. Without limiting anything herein, you release Artrepreneur from any claims, demands, and damages arising from disputes with other users or parties using the Platform.
XV) COMMITMENT TO DATA SECURITY
As further set forth in Artrepreneur’s Privacy Policy, Artrepreneur is committed to protecting your privacy in accordance with applicable laws and regulations, including via encryption methods Artrepreneur deems suitable. Notwithstanding the foregoing, no electronic transmission of information to Artrepreneur can be guaranteed to be 100% safe. Artrepreneur cannot and does not ensure or warrant the security of any information you transmit to Artrepreneur. Nonetheless, Artrepreneur believes the measures Artrepreneur has implemented reduce the likelihood of security problems to a level appropriate to the type of data involved. You acknowledge all information and materials you transmit to Artrepreneur is done at your own peril.
XVI) WARRANTIES AND LIMITATION OF LIABILITY
WHILE ARTREPRENEUR IS DEDICATED TO MAKING THE PLATFORM AND SERVICES THE BEST THEY CAN BE, YOU UNDERSTAND THAT THE PLATFORM AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS, ” AND WITHOUT ANY WARRANTY (EXPRESS OR IMPLIED). ARTREPRENEUR EXPRESSLY DISCLAIMS 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, ARTREPRENEUR DOES NOT GUARANTEE THAT: (I) THE PLATFORM AND SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM AND SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE RESULTS OF USING THE PLATFORM AND SERVICES WILL MEET YOUR EXPECTATIONS; (V) THAT YOUR DATA, INCLUDING YOUR MEMBER CONTENT (AND ARTWORK), WILL NOT BE LOST, AND/OR (VI) THAT THE PLATFORM WILL RESULT IN SALES OF ARTWORK FOR YOU OR RESULT IN SPECIFIC SUCCESS OR OTHER BENEFICIAL ACHIEVEMENT. YOUR USE OF THE PLATFORM AND SERVICES IS SOLELY AT YOUR OWN RISK, AND YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE OF CAUTION WHILE USING THE PLATFORM, INCLUDING ANY THIRD-PARTY SERVICES OR OTHER INTERACTIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WITHOUT LIMITING THE FOREGOING, (I) YOU UNDERSTAND YOU MAY COME ACROSS MATERIAL THAT YOU FIND OFFENSIVE OR INAPPROPRIATE WHILE USING THE PLATFORM. ARTREPRENEUR MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT POSTED BY USERS THROUGH THE PLATFORM. ARTREPRENEUR IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF CONTENT POSTED BY USERS THAT YOU ACCESSED THROUGH THE PLATFORM, AND ARTREPRENEUR IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY TO YOU REGARDING ANY SUCH CONTENT; AND (II) YOU UNDERSTAND THAT ARTREPRENEUR DOES NOT SCREEN USERS OF THE PLATFORM AND ARTREPRENEUR SHALL NOT BE RESPONSIBLE IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER INDIVIDUALS, EITHER ONLINE OR IN-PERSON (INCLUDING IN OFFLINE SALES OF ARTWORK), IN CONNECTION WITH THE PLATFORM. YOU RELEASE ARTREPRENEUR FROM ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH OTHER USERS, ONLINE, OR IN PERSON.
TO THE FULLEST EXTENT PERMITTED BY LAW, ARTREPRENEUR, NOR ARTREPRENEUR’S AFFILIATES, CLIENTS, AND LICENSEES (INCLUDING THIRD PARTY SERVICES), AND ALL OF THE FOREGOING’S RESPECTIVE PARENTS, AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES WILL 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, HOWEVER, CAUSED AND REGARDLESS OF LEGAL THEORY OR FORESEEABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGES, NEGLIGENCE, WARRANTY, OR STRICT LIABILITY, DIRECTLY OR INDIRECTLY ARISING UNDER THESE TERMS (INCLUDING HAVING NO RESPONSIBILITY FOR THE ACTIONS OF OTHER USERS), INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE PLATFORM OR THIRD-PARTY SERVICES, EVEN IF ARTREPRENEUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, IN NO EVENT SHALL ARTREPRENEUR’S AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE), OR PENALTIES OR LOSS EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ARTREPRENEUR IN THE TWELVE MONTHS PRIOR TO THE DISPUTE ARISING. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY STATED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM.
XVII) RELEASE
Without limiting anything herein, you release Artrepreneur from any claims, demands, and damages under any legal theory (whether actual, consequential, or both) of every kind and nature, known and unknown, arising out of or in any way connected with (i) disputes you may or actually have with other users or parties you interact with in connection, directly or indirectly, with the Platform; (ii) items sold through the Platform, including defective Artwork, unsatisfactory Creative Services, misrepresentations by sellers, Giclée Prints, or items that caused physical injury (like product liability claims); (iii) content posted by users of the Platform; and (iv) your use of the Platform.
In connection with the foregoing, if you are a resident of the State of California, you hereby acknowledge and agree that you fully understand and expressly waive and relinquish any and all rights and benefits you may have under California Civil Code Section 1542 to the fullest extent permitted by law. Such section states that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” You waive and relinquish any right and/or benefit which you actually or may have under Section 1542 to the fullest extent as you may lawfully waive such right and benefit.
XVIII) INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Artrepreneur, along with its Affiliates and licensors, and all of the foregoing’s respective parents, affiliated entities, agents, officers, directors, owners, and employees from and against any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demand, and/or judgments, arising out of or incurred in connection with (i) your breach of these Terms; (ii) your use, whether directly or indirectly, of the Platform, including, without limitation, your acts or omissions in the sale or purchase of any Artwork or the requesting or provision of Creative Services, including but not limited to in any injuries or damages to personal property; and (iii) your violation of any law or the rights of any third party, including but not limited to intellectual property rights. You shall also provide the foregoing parties prompt and reasonable cooperation if any of the foregoing parties are entitled to indemnification hereunder. Artrepreneur reserves the right to handle Artrepreneur’s legal defense however Artrepreneur sees fit, even if you are indemnifying Artrepreneur, in which case you agree to cooperate with Artrepreneur. Artrepreneur reserves the right to take over the exclusive defense of any claim for which Artrepreneur is entitled to indemnification. The provisions of this paragraph are made for the benefit of all parties referenced herein, and each of these parties shall have the right to assert and enforce these provisions directly against you on its own behalf.
XIX) GOVERNING LAW AND ARBITRATION
You consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of New York, the United States of America, applicable to contracts entered into and performed within New York and notwithstanding any conflict of law principles. These laws will apply no matter where you live in the world, subject only to any applicable and mandatory consumer protection provisions of your local jurisdiction; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and/or to participate in a class or representative action, and any jurisdictional and venue defenses otherwise available, excepting only that you and Artrepreneur may agree in writing that an arbitrator or judge, as applicable pursuant to these Terms, may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Any dispute arising in connection with or relating in any way to these Terms or your relationship with Artrepreneur shall be exclusively resolved and heard in New York County, New York, and will be resolved through arbitration subject to Artrepreneur’s Arbitration Policy. Notwithstanding the foregoing, for any actions not subject to arbitration in accordance with the Arbitration Policy, you and Artrepreneur agree to submit to the personal jurisdiction of the state and federal courts located in New York County, New York, including, without limitation, due to an authorized arbiter deciding that applicable law precludes enforcement of the Arbitration Policy for a particular claim of relief. Such claim (and only that claim) will be severed from the mandatory arbitration and may be brought in a court in accordance with the choice of law provisions contained herein.
Notwithstanding anything to the contrary contained herein, you may not pursue any action, regardless of form, against Artrepreneur and Affiliates, including all parents, affiliated entities, agents, officers, directors, owners, and employees, in any way connected to the Platform, unless you bring such action within one (1) year following the event that gave rise to the cause of action, subject only to any applicable and mandatory consumer protection provisions of your local jurisdiction. After such a time period has expired, you shall be deemed to have waived any such action and damages related thereto, and such actions and damages will be permanently barred.
XX) MISCELLANEOUS LEGAL PROVISIONS
These Terms represent the entire understanding between Artrepreneur and you, superseding all prior agreements, whether oral or written, concerning your use of the Platform, including Services. The Terms shall be binding upon and inure to the benefit of Artrepreneur and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended except as expressly provided herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Artrepreneur’s prior written consent. Artrepreneur may freely assign the Terms. Suppose any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable. In that case, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed. If possible, it will be adjusted rather than voided to achieve the parties’ intent to the fullest extent possible. The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party. Headings are inserted for convenience only and are not intended to be part of or affect the terms’ meaning or interpretation. All provisions of these Terms, which by their nature should survive termination or expiration, shall survive termination or expiration.
You agree that violating these Terms may result in irreparable harm to Artrepreneur, where monetary damages may be inadequate. You hereby agree that Artrepreneur may seek injunctive relief without the need for posting any bond. You waive the right to seek injunctive relief against Artrepreneur, except to the limited extent necessary to enjoin the unauthorized distribution of your intellectual property.
You are responsible for all costs associated with accessing or using the Platform, and you are responsible for any system software and/or hardware compatibility requirements for the use of the Platform. Artrepreneur is a robust platform with many features that benefit Members. Artrepreneur uses a modern architecture that may not run on older devices, browsers, and operating systems. If you find that certain features or functions are not working, please ensure that your operating system and browser software is up to date. If you are using a mobile device that is several years old, please try another device or computer before contacting support.
Notwithstanding anything to the contrary contained herein, Artrepreneur explicitly reserves all rights not expressly contemplated herein which relate to the Platform.
Without limiting anything herein, you understand and agree that Artrepreneur is not liable for any failure of performance due to any cause beyond its control, including, without limitation, acts of God, fire, explosion, vandalism, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, shortages, breaches, action or request by any government, or suspension of existing service in compliance with state or federal law, rule, or regulations.
XXI) NOTICE
All notices permitted or required under these Terms must be in writing and delivered to us through Artrepreneur’s Contact Page, contacting [email protected], or by mail to Orangenius, Inc., DBA Artrepreneur, 511 Ave of the Americas, Suite #934, New York, NY 10011.
Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.