Arternal Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Arternal, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Arternal.gallery Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Arternal may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Arternal liability. You must immediately notify Arternal of any unauthorized uses of your blog, your account or any other breaches of security. Arternal will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Arternal or otherwise.
By submitting Content to Arternal for inclusion on your Website, you grant Arternal a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Arternal will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Arternal has the right (though not the obligation) to, in Arternal's sole discretion (i) refuse or remove any content that, in Arternal's reasonable opinion, violates any Arternal policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Arternal's sole discretion. Arternal will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Arternal the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Arternal before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Arternal in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Arternal the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Arternal reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Arternal.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Arternal to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free Arternal.gallery services. All support will be provided in accordance with Arternal standard services practices, procedures and policies.
- Responsibility of Website Visitors. Arternal has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Arternal does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Arternal disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Arternal.gallery links, and that link to Arternal.gallery. Arternal does not have any control over those non-Arternal websites and webpages, and is not responsible for their contents or their use. By linking to a non-Arternal website or webpage, Arternal does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Arternal disclaims any responsibility for any harm resulting from your use of non-Arternal websites and webpages.
- Copyright Infringement and DMCA Policy. As Arternal asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Arternal.gallery violates your copyright, you are encouraged to notify Arternal in accordance with Arternal's Digital Millennium Copyright Act ("DMCA") Policy. Arternal will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Arternal will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Arternal or others. In the case of such termination, Arternal will have no obligation to provide a refund of any amounts previously paid to Arternal.
- Intellectual Property. This Agreement does not transfer from Arternal to you any Arternal or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Arternal. Arternal, Arternal.gallery, the Arternal.gallery logo, and all other trademarks, service marks, graphics and logos used in connection with Arternal.gallery, or the Website are trademarks or registered trademarks of Arternal or Arternal's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Arternal or third-party trademarks.
- Advertisements. Arternal reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Arternal reserves the right to display attribution links such as 'Blog at Arternal.gallery,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Arternal reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Arternal may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Arternal may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Arternal.gallery account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Arternal if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Arternal's notice to you thereof; provided that, Arternal can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Arternal and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Arternal nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Arternal, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Arternal under this agreement during the twelve (12) month period prior to the cause of action. Arternal shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Arternal, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Arternal and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Arternal, or by the posting by Arternal of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Arternal may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You (hereinafter referred to as the “Artist”), and Arternal Gallery, hereinafter referred to as the “Gallery”. It is agreed that the Artist wishes to have certain submitted artworks represented by Arternal Gallery, and Arternal Gallery wishes to represent the Artist under the terms and conditions of this Agreement,
WHEREAS, the Artist is in the business of creating work(s) of art and the Gallery is in the business of selling work(s) of art; and WHEREAS, the parties hereto wish to enter into a business relationship for the sale by Gallery of work(s) of art created by Artist.
The Gallery or Arternal (“Arternal Gallery”, “we”, or “us”) offers a wide variety of products and services, including several websites such as arternal.gallery and all its sub-domains, together the “Site”), general and personalized content, communication tools and forums, a marketplace, online and downloadable applications, and competitions (all those together, the “Service”).
These Terms of Service, the “Terms” or “Agreement”, are the rules for using the Service. By using or attempting to use the Service in any way the Artist agrees to be bound by and follow this Agreement.
THEREFORE, in consideration of the covenants hereinafter set forth and other valuable consideration, the parties hereto agree as follows:
1. WARRANTY OF CREATION AND OWNERSHIP. Artist hereby warrants that he/she created and possesses unencumbered title and all legal rights to the submitted work or works and that their descriptions are true and accurate. Artist further agrees to indemnify and hold Gallery harmless if those ownership rights are ever called into question and for any related claims or losses.
2. SCOPE OF AGREEMENT. Artist appoints the Gallery to act as Artist’s non-exclusive agent for the exhibition and sales of work or works (hereinafter referred to as “artwork(s)”) submitted by the Artists while this contract is in force. Artist shall be free to exhibit anywhere and sell any Artwork(s) not consigned to Gallery under this contract*. This agreement shall apply to the original artwork(s), duplicates, reproductions, merchandise, and/or additional editions.
3. CONSIGNMENT. Artist hereby consigns to Gallery, and Gallery accepts on consignment, those Artwork(s) submitted to the Site. Gallery shall not permit the Artwork(s) to be used for any other purposes than exhibition and sale without the consent of Artist. Artist retains copyright and full ownership of the Artwork(s).
4. DURATION OF CONSIGNMENT. Artist and Gallery agree that the initial term of consignment for Artwork(s) is to start on the date of submission and end on the date submitted and that Artist does not intend to request their return before the end of this term. Thereafter, consignment may continue until Artist requests end of the Service, with which request the other party shall comply promptly.
5. TRANSPORTATION. Packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery or submission of Artwork(s) to Gallery, shall be the responsibility of the Artist. For the return of Artwork(s) from Gallery to Artist shall be the responsibility of the Artist.
6. PROMOTION BY GALLERY. Gallery shall make reasonable and good faith efforts to promote the sale of Artwork(s) and undertake other promotional activities on Artist’s behalf. This includes print or online media channels, such as, but not limited to, Facebook, Twitter, Instagram, Pinterest, and Tumblr. Those images become subject to the privacy policies and terms of service of those sites, which are not under the control of the Gallery.
7. PROMOTION BY ARTIST. On his/her own expense, Artist may wish to contribute to promotional campaign during the exhibition of his/her Artwork(s) by, printing own catalog, promoting through various online and offline channels, etc. No expense which is to be shared shall be incurred by either party without the prior consent of the other party as to the amount of the expense.
8. COPYRIGHT. Gallery shall identify clearly all Artwork(s) with Artist’s name, and Artist’s name shall be included on the bill of sale of each of the Artwork(s). Artist reserves all rights to the reproduction of the Artwork(s) except as noted in writing to the contrary. Gallery may arrange to have the Artwork(s) photographed to publicize and promote Artist and Gallery. Photographing is permitted to the public in Gallery. Gallery shall take all steps necessary to ensure that the Artist’s copyright in the consigned Artwork(s) is protected.
9. REPRODUCTION: The Artist reserves the copyright in all artwork(s). The Gallery may, for the sole purpose of promoting the artwork(s), photograph them for inclusion in a catalog, or other promotional materials so long as, in each instance, the Artist is credited as the creator of the work and the holder of the copyright. Further, each bill of sale of artwork(s) shall contain the following legend: All rights belonging to the holder of the copyright, including the production rights, shall remain with the Artist. Artist extends to Gallery the right to reproduce work for the purposes of marketing and/or merchandising and/or advertising.
10. PRICING. Gallery shall sell the artwork(s) at the retail prices in line with the current Gallery business model unless otherwise agreed upon by Artist and Gallery.
11. SALE AND TAX. All Gallery sales are in US dollars. In addition to agreed retail price, applicable current local and state Sales Tax will be added to the bill of sale and reported and paid by the Gallery.
12. COMMISSIONS. Gallery and Artist agree that the Gallery’s commission is to be 25% of the gross profit of each Artwork(s) sold. Artist and Gallery must agree to any change in Gallery’s commission in advance.
13. TERMS OF PAYMENT. Gallery shall pay Artist all proceeds due to the Artist within thirty days of sale in US dollars.
14. ACCOUNTING. Along with each payment, Gallery shall furnish Artist with a copy of the bill of sale, indicating the name of Artist, the title of Artwork sold, date of sale, and sale price. Gallery may not always be able to provide Artist with the identification of the purchaser since one may choose to remain anonymous as per applicable laws. Artist shall have the right to inventory his/her Artwork(s) on the Site premises and request records pertaining to sales of his/her Artwork(s).
15. REMOVAL FROM GALLERY. Gallery shall not lend out or remove any of Artwork(s) without first obtaining permission from Artist. There is no return policy during this show on Artwork(s) sold to the customers of Gallery.
16. LIMITATION OF LIABILITY. The Artist must bear the risk of any liability relating to the use of the Site. The Gallery does not guarantee, represent or warrant that The Service will be uninterrupted, timely, secure or error-free. The Gallery does not warrant that the results that may be obtained from the use of The Service will be accurate or reliable. The Artist agrees that from time to time The Gallery may remove the service for indefinite periods of time or cancel the Service at any time, without notice.
ACCORDINGLY, THE ARTIST USE OF THE SITE IS ENTIRELY AT HIS/HER OWN RISK. THE GALLERY WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES THE ARTIST MAY INCUR IN CONNECTION WITH THE SITE, THE USE THEREOF, OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING IN THE SITE, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE GALLERY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. THE ARTIST AGREES THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Gallery is not responsible for any financial or personal loss to the Artist using their accounts for business or any other purpose for any reason including, but not limited to, server down situations (i.e. server malfunction, server crashes or software related problems) and accidental or willful deletion of Artist accounts and/or contents of said accounts. The Gallery is not obligated to maintain back-up copies of any Artwork(s) submitted or posted on the Site.
17. TERMINATION OF CONTRACT. This Agreement shall be in effect from date Artwork(s) is submitted until Artist requests end of the Service, with which request the other party shall comply promptly. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either Gallery or Artist, by means of 7 days’ written notice of termination from either party to the other. Upon the notification of termination, all accounts shall be settled and all Images will remain for archival purposes, however, The Service for Artwork(s) will be ended. In the event of Artist’s death, the estate of the Artist shall have the right to terminate the Agreement. The actual termination date shall be the first day following either: the full term or the 7 days’ notice.
18. CHOICE OF LAW – ARBITRATION. This Agreement shall be governed by the laws of the State of California. All disputes arising under this Agreement shall be submitted accordingly, and the arbitration award may be entered for judgment in any court having jurisdiction thereof.
19. MODIFICATIONS. This Agreement constitutes the entire understanding between the parties hereto. It may only be amended (modified) by written instrument signed by both parties.
20. RECORD OF CONSIGNMENT. Artist certifies that all artwork(s) submitted to the Site will be available for exhibition and sale at the Gallery during the term of this Agreement.
21. MISCELLANEOUS PROVISIONS. This Agreement represents the entire agreement between the parties. If any part of the Agreement is held to be illegal or unenforceable, such holding will not affect the validity of the balance of the Agreement. This Agreement shall not be assigned without the prior written consent of the Artist.