ARThood Terms of Service

Last Updated Date: May 17, 2011

< Back

This Terms of Service Agreement (this “Agreement”) sets forth the legal terms and conditions (these “Terms”) that governs your access to and use of the services provided to you by ARThood, including information, text, images, graphics data or other materials (the “Content”), through the website at www.arthood.com (the “Site”) operated by ARThood LLC (“ARThood” or “we” or “us”), and constitutes a binding legal agreement between you and ARThood. Please read these Terms carefully and our Privacy Policy, which may be found at http://www.arthood.com/pages/privacy and which is incorporated by reference to this Agreement.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR BY SELLING OR PURCHASING A WORK OF ART ON OR THROUGH THE SITE OR BY POSTING ANY CONTENT ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind the company or other legal entity to this Agreement and in such event, “you” or “your” will refer and apply to that company or other legal entity.

Amendments to this Agreement

ARThood reserves the right, at its sole discretion, to amend, modify, alter, or update this Agreement at any time and without prior notice to you. If this Agreement is amended, ARThood will post the amended Agreement on the Site. ARThood will also update the “Last Updated Date”. The amended Agreement shall become effective immediately upon being posted on the Site. By continuing to access or use of the Site after ARThood has posted an amended Agreement on the Site, you are acknowledging and accepting to be bound to the amended Agreement. If the amended Agreement is not acceptable to you, your sole remedy shall be to discontinue using the Site.

Eligibility

The Site is available only to, and may be only used by, persons who are 18 years and older and lawfully permitted to enter into and form contracts under applicable law. Any access to or use of the Site by anyone under 18 years of age is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 years of age or older.

Registration

You agree that the information that you provide to ARThood upon registration, at the time of purchase, and all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times, including a valid email address. To sell any Original Work (as defined below) on the Site, you must provide and maintain valid PayPal account. ARThood reserves the right to suspend or terminate your membership if any information that you provided to ARThood upon registration or thereafter proves to be false, inaccurate, not current or incomplete.

Password

When you register as a member, you will be asked to provide a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you shall be solely responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify ARThood of any unauthorized use of your password.

Privacy

Please see ARThood’s Privacy Policy at http://www.arthood.com/pages/privacy for information concerning ARThood's collection and use of your personal information.

Modifications and Interruption to Site

ARThood reserves the right, at its sole discretion, to modify or discontinue the Site at any time and without prior notice to you. ARThood shall not be liable to you or any third party should ARThood exercise its right to modify or discontinue the Site. You acknowledge and accept that ARThood does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of ARThood’s control.

Copyright and Trademarks

ARThood is, unless otherwise stated, the owner of all copyright and data rights in the Site and its contents. Individuals or entities which have posted work on the Site are either the copyright owners of the component parts of that work or are posting the work under license from the copyright owner or its agent or otherwise as permitted by law. You may not reproduce, distribute, publically display or perform, or prepare derivative work based on any of the Content, including any such work without the express, written consent of ARThood or the appropriate owner of copyright in such work. ARThood does not claim ownership rights in any of your work or material posted by you to ARThood (“Your Content”). You agree not to distribute any part of the Site other than Your Content in any medium other than as permitted in this Agreement or by use of the functions on the Site provided by ARThood. You agree not to alter or modify any part of the Site unless expressly permitted to do so by ARThood or by use of the functions on the Site provided by ARThood.

ARTHOOD and the ARTHOOD logo are trademarks owned by ARThood and may not be used without prior written permission of ARThood. All brand, product and service names used on the Site which identify ARThood or third parties and their products and services are proprietary marks of ARThood and/or the relevant third parties. Nothing on the Site shall be deemed to confer on any person any license or right on the part of ARThood or any third party with respect to such image, logo or name.

Your Content

ARThood does not claim ownership rights in Your Content. For the sole purpose of enabling us to make Your Content available through the Site, you grant to ARThood a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content.

ARThood has no ability to control the Content you may upload, post or otherwise transit through the Site and does not have any obligation to monitor such Content for any purposes. You acknowledge that you are solely responsible for all Content and material you post, upload, email, make available or otherwise transmit using the Site.

Notification of Claimed Copyright Infringement

If you believe that any work on the Site infringe your copyright rights, please provide ARThood with information as required by Section 512(c) of the U.S. Copyright Act to lisa@arthood.com

Storage Policy

Currently, ARThood provides free online storage of Your Content to registered members of the Site. However, you acknowledge and agree that ARThood may, at its option, establish limits concerning your use of the Site, including without limitation the maximum number of days that Your Content will be retained by the Site, the maximum size of any Content files that may be stored on the Site, the maximum disk space that will be allotted to you for the storage of Content on ARThood's servers. Furthermore, you acknowledge and agree that ARThood reserves the right to terminate or suspend accounts that are inactive, in ARThood's sole discretion, for an extended period of time (thus deleting or suspending access to Your Content). Without limiting the generality of this section, ARThood shall have no responsibility or liability for the deletion or failure to store any Content maintained on the Site and you are solely responsible for creating back-ups of Your Content. You further acknowledge and agree that ARThood reserves the right to modify its storage policies from time to time, with or without notice to you.

Conduct

You are responsible for all of the content you upload, download, and otherwise copy, distribute and display using the Site. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or otherwise permitted by law.

You agree that you will not post, upload, email, make available or otherwise transmit any content or use the Site:

  • in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights or contractual rights;
  • in a manner that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • to engage in spamming, "chain letters," "pyramid schemes", advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate these Terms, any applicable laws, regulations or generally-accepted advertising industry guidelines;
  • in a manner that is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
  • in a manner that is libelous or defamatory, or in a way that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or invasive of another's privacy;
  • in a manner that is harmful to minors in any way;
  • in a manner that is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable;
  • to impersonate any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity, or to obtain access to the Site without authorization;
  • to interfere or attempt to interfere with the proper working of the Site or prevent others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site;
  • to use any manual or automated means, including agents, robots, scripts, or spiders, to access or manage any user's account or to monitor or copy the Site or the content contained therein;
  • to facilitate the unlawful distribution of copyrighted content;
  • in a manner that includes personal or identifying information about another person without that person's explicit consent;
  • in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Site or to users;
  • in a manner that constitutes or contains any form of advertising or solicitation if emailed to users who have requested not to be contacted about other services, products or commercial interests.

Additionally, you agree not to:

  • "Stalk" or otherwise harass anyone;
  • Collect, use or disclose data, including personal information, about other users without their consent or for unlawful purposes or in violation of applicable law or regulations;
  • Request, solicit or otherwise obtain access to usernames, passwords or other authentication credentials from any member of the Site or to proxy authentication credentials for any member of the Site for the purposes of automating logins to the Site;
  • Post any content containing child pornography to the Site;
  • Post any content that depicts or contains rape, extreme violence, murder, bestiality, incest, or other similar content;
  • Post any content that constitutes pornography, contains nudity, or is adult in nature.
  • Use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Site - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. ARThood reserves the right to define what we mean by "well-behaved";
  • Post irrelevant content, repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on the Site's infrastructure;
  • Attempt to gain unauthorized access to our computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site;
  • Use the Site as a generic file hosting service;
  • Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to the Site);
  • Develop, invoke, or utilize any code to disrupt, diminish the quality of, interfere with the performance of, or impair the functionality of the Site.

Commercial Activities

Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than ARThood. Commercial activities with respect to the Original Works offered for sale in the ARThood Gallery Store are permitted for registered members. Commercial activities in the form of paid advertising on the Site are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Site without ARThood's prior written approval.

Listing Original Works on the Site

As a registered member, you may list an original work of art (an "Original Work") that you have created and that you desire to sell through the Site. By listing an Original Work on the Site, you agree to pay ARThood’s fees and assume full responsibility for the content of the listing and the Original Work offered. You may not list works of art that were created by another person(s), without such person(s) prior written permission. Without limiting the generality of the foregoing, if you list an Original Work, you may be required to verify your identity by separately providing ARThood with a copy of a government-issued ID or similar documentation. Your listings must be accurate and complete and comply with this Agreement. ARThood reserves the right to edit any listing to ensure that they comply with this Agreement. You acknowledge that your listing may not be immediately searchable by keyword or category for several hours (or up to 48 hours in some circumstances) and the placement of your listings in search and browse results may be based on factors that include, without limitation, title, keywords and price.

Responsibility for Original Works

You acknowledge and agree that you are solely responsible for all Original Works that you make available for sale through the Site. Accordingly, you represent and warrant that: (i) you are the creator of all such Original Work(s) and you are the sole and exclusive owner of all such Original Work(s) or you have the legal authority to list and sell such Original Work(s); and (ii) the Original Work(s) and ARThood's use and exploitation thereof as contemplated under this Agreement will not infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Online Sales

If you submit listings for an Original Work(s), you hereby grant ARThood the right to sell such Original Work(s) through the Site and you hereby grant ARThood a worldwide, transferable, nonexclusive, commission-bearing right and license, with a right to sublicense, use, reproduce, distribute, publicly perform and publicly display copies of the Original Work(s) in connection with the Site and such online sales. As between you and ARThood, you will be deemed the seller of any Original Work that you listed and is purchased through the Site and only you can transfer legal ownership of such Original Work to the buyer.

ARThood will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases through the Site. ARThood will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by ARThood, you will be responsible for shipping the purchased Original Work directly to the purchaser. You agree to use commercially reasonable efforts to ship the purchased Original Work to the purchaser within ten (10) business days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Original Work to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled and any payments received by the purchaser will be returned to the purchaser.

Upon ARThood’s confirmation of successful delivery to the purchaser, as determined by ARThood, in its sole discretion, ARThood will credit your account in an amount to be determined in accordance with the pricing set forth in the applicable listing less the applicable ARThood commission terms (the “Artist Payment”), which can be found at http://www.arthood.com/premium/signup, following the expiration of the return period.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Purchases of Original Works

As a registered member, you may purchase Original Works that are listed by other registered members on the Site. When you purchase an Original Work through the Site, you are purchasing such Original Work from the registered member identified on the listing for such Original Work and not from ARThood. Prices for Original Works will be as specified on the applicable listing. As a purchaser of an Original Work, you acknowledge that prices may not include shipping charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. ARThood and/or its third party service providers will collect your billing and shipping information and process your payment. The register member identified on the listing of the Original Work will ship the purchased work directly to you.

ARThood offers a 7 day return policy on all purchased Original Works. Original Works must be returned in their original condition and packaging. The shipping cost in non-refundable and the purchaser of the Original Work is responsible for return shipping. Please contact admin@arthood.com for additional return inquiries.

Taxes

All prices, commissions, fees and other amounts referred to in this Agreement, including any prices, commissions and fees set forth on the Site, are stated in U.S. dollars and do not include any sales, use, value added ("VAT"), goods and services ("GST") or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder (collectively, "Taxes"). If you are a seller of an Original Work, you acknowledge that ARThood will withhold the Taxes required to be withheld from the payments ARThood makes to you. If you are a purchaser of an Original Work, you acknowledge that ARThood will add Taxes to the amounts charged, as a separate charge, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Feedback

ARThood welcomes and encourages you to provide feedback, comments and suggestions for improvements to the Site ("Feedback"). You may submit Feedback by emailing us at admin@arthood.com. You acknowledge and agree that all Feedback will be the sole and exclusive property of ARThood and you hereby irrevocably assign to ARThood and agree to irrevocably assign to ARThood all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ARThood's request and expense, you will execute documents and take such further acts as ARThood may reasonably request to assist ARThood to acquire, perfect and maintain its intellectual property rights and other legal protections for the Feedback.

Contests

ARThood may operate contests and other similar promotions (collectively, "Contests") through the Site. You should carefully review the rules of each Contest (the “Contest Rules”) in which you participate through the Site, as they may contain additional important information about ARThood’s rights to and ownership of the submissions you make as part of the Contest and as a result of your participation in such Contest. To the extent that the terms and conditions of any of the Contest Rules conflict with this Agreement, the terms and conditions of the Contest Rules will control.

Compliance with Laws

You assume all knowledge of applicable law and are responsible for compliance with any such laws. You may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

Indemnification

You agree to defend, indemnify and hold harmless ARThood, its equityholders, officers, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and expert fees and costs, arising out of or in any way connected to your access to or use of the Site, or your violation of this Agreement.

Disclaimer of Warranties

The Site is provided by ARThood on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, ARThood makes no representations or warranties of any kind, express or implied, regarding the use or operation of the Site, or any of the content or products provided through the Site. ARThood shall have no liability for any interruptions in the use of the Site. ARThood disclaims all warranties, express or implied, including without limitations, implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the fullest extent permitted by law. ARThood makes no warranty as to its security, reliability, timeliness, and performance.

Limitation of Liability

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ARTHOOD IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. ARTHOOD SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ARTHOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOMEOF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARTHOOD’S AGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ARTHOOD PURSUANT TO THIS AGREEMENT.

By submitting to ARThood any images of works of art for sale and/or exhibit on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to ARThood the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale and/or exhibit on the Site. To the extent that you do not own all rights in and to the Images or that ARThood’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold ARThood harmless from any claims or demands, including attorneys’ fees and costs, incurred by ARThood with respect thereto. All images on the Site are either owned or licensed by ARThood and may not be reproduced or used in any manner without the express written permission of ARThood and, if appropriate, the relevant registered member. Copyright © 2011 ARThood, LLC. All rights reserved. All physical works of art are owned solely by the individual registered members and are subject to United States and International copyright laws.

Disclaimer Regarding Accuracy of Seller Information

Specifications about and other information regarding Original Works for sale on the Site have been provided by individual sellers and is not verified by ARThood. While ARThood makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site. ARThood makes no warranties or representations whatsoever with regard to any work provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any seller shall be at your own risk.

External Links

ARThood may provide links to third-party websites or resources. You acknowledge and agree that ARThood is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products or services on or available from such websites or resources. Links to such resources do not imply any endorsement by ARThood of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination of Membership

You acknowledge and agree that ARThood may, at any time and without prior written notice, terminate your membership account and delete any Content stored on the Site, if ARThood determines, in its sole discretion, that you breached any of these Terms or you failed to comply with applicable law. In the event ARThood terminates your membership account for your breach, you will remain liable for any amounts due hereunder.

General

This Agreement constitutes the entire agreement between ARThood and you with respect to your access to and use of the Site and this Agreement supersedes and replaces any and all prior oral or written understandings or agreements between ARThood and you regarding the Site. You agree that by accepting this Agreement, you consenting to the use and disclosure of your personally identifiable information and other practices described in the ARThood Privacy Statement. ARThood’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction should find that any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. ARThood shall have the right to assign its rights and/or delegate its obligations under this Agreement, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under this Agreement without the prior written consent of ARThood. You agree that this Agreement may be assigned by ARThood in its sole discretion, to a third party in the event of a merger or acquisition.

Governing Law

This Agreement shall be governed by and construed in accordance with the internal laws of the State of New York, without regard to its conflict of law principles. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts of the State of New York.

Notices

Any notices or other communications required hereunder will be in writing and given: (i) by ARThood via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Questions or Comments

If you have any questions or comments about ARThood, please contact us by email at help@arthood.com