Terms of Use Agreement
1. ACCEPTANCE OF TERMS.
This Terms of Use Agreement (this “Agreement”) sets forth the standards of use of the website at www.artistaday.com (the “Site”) operated by AAD Arts LLC (“Artist A Day”, “we”, or “us”). By using the Site, you accept and agree to be bound by the terms and conditions in this Agreement. In addition, by using the Site you shall be subject to any modification, alteration, or update to the terms and conditions of the Agreement without prior notice. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. If you do not agree to the terms and conditions of the Agreement, you should immediately cease all usage of the Site.
2. DESCRIPTION OF SERVICES.
The Site provides the user with access to a collection of artwork. The Site’s promotion of the artwork makes available to the user services, including without limitation various communications tools, forums, and shopping services (“Artist A Day Technology”). You understand and agree that that the Site includes advertisements and that these advertisements are necessary for the Site to provide these services to you.
3. INTELLECTUAL PROPERTY.
All images on the Site are either owned or licensed by Artist A Day and may not be reproduced or used in any manner without the express written permission of Artist A Day and, if appropriate, the relevant artist. All artwork promoted on the Site is owned solely by the individual artists represented here and are subject to United States and International copyright laws. Except as otherwise provided herein, the compilation of all content, data, and other information found within the Site is the sole and exclusive property of Artist A Day and its licensors and is protected by U.S. and international intellectual property laws. The “look and feel” of the Site, meaning, the structure, sequence, and layout of the audiovisual components of such technology as perceived by you, including, but not limited to, the color combinations, button shapes, and all other graphical and navigational elements, are also proprietary to Artist A Day and its licensors and fully protected under U.S. and international intellectual property laws.
Artist A Day and Artistaday.com are trademarks owned by Artist A Day and may not be used without prior written permission of Artist A Day.
4. SUBMISSIONS.
Except as otherwise provided herein, any and all comments, suggestions, ideas, graphics, videos, content, data and other information that you transmit to Artist A Day through the Site (each, a “Submission”) shall remain your sole and exclusive property, and you shall be solely responsible for your Submission and the consequences of posting or publishing it. By submitting your Submission to Artist A Day, you hereby grant Artist A Day and its successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sub-licensable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, transmit or otherwise distribute, perform, publicly perform and display your Submission for any legal purposes whatsoever now known or hereinafter becomes known. You also grant each user of the Artist A Day Technology a non-exclusive license to access your Submission through the Site and to use, copy, transmit or otherwise distribute, perform, publicly perform, create derivative works of, and display your Submission to the extent expressly authorized by the Site and/or in this Agreement.
Any Submission you provide to Artist A Day will be deemed public information and not subject to any confidentiality obligation and Artist A Day shall have no obligation to maintain its confidentiality except to the extent the Submission contains personal identifiable information, in which case, the Privacy Policy shall govern use of such information.
By making a Submission, you waive the right to make any claim against Artist A Day or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, members, or officers related to the Submission, including, but not limited to, unfair competition, invasion of privacy, negligence, breach of implied contract or breach of confidentiality, and you further waive all moral rights you may have in any materials uploaded or sent to us by you. You represent and warrant that your Submission: (a) shall be true, accurate, current, complete and not misleading; (b) shall not violate the rights of any third party, including, but not limited to, intellectual property and proprietary rights; (c) shall not be fraudulent or involve counterfeit or stolen information or items; (d) shall not violate any law, statute, ordinance or regulation; and (e) shall not create any liability for Artist A Day or any of its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, members, and officers. You also agree to maintain and promptly update your Submission by means of the Artist A Day Technology in order to keep that information true, accurate, current, and complete.
You further represent and warrant that (i) you own or have the necessary licenses, rights, consents and permissions to use and authorize Artist A Day to use all patent, trademark, trade secret, copyright or other proprietary rights in and to your Submission to enable inclusion and use of the Submission in the manner contemplated by this Agreement; and (ii) you have any necessary written or implied consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name, picture and likeness of each and every such identifiable individual person to enable inclusion and use of the Submission in the manner contemplated by this Agreement.
5. ELECTRONIC DELIVERY POLICY AND CONSENT.
By using the Artist A Day Technology and/or making purchases while on this Site, you consent to receive from Artist A Day all communications including notices, agreement, legally required disclosures, and legally required disclosures or other information in connection with the Site and your purchases (collectively, “Notices”) electronically. Artist A Day shall provide such electronic Notices by posting them on this Site. If you desire to withdraw your consent to receive Notices electronically, you must discontinue your use of this Site.
6. PARTICIPATION DISCLAIMER.
Artist A Day does not and cannot review all Submissions posted to or created by users accessing the Site, and is not in any manner responsible for the content of these communications or the activities of these users. You acknowledge that by providing you with the ability to view and distribute user-generated content through the Site, Artist A Day is merely acting as a passive conduit for the distribution of such information and is not undertaking any obligation or liability relating to the content or the users’ activities. Artist A Day and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, members, and officers do not undertake or assume any duty to monitor the Site for inappropriate content. Artist A Day and its respective parents, subsidiaries, affiliates, successors, assigns, employees, agents, members, and officers assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Artist A Day reserves the right to block or remove communications, postings or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark, patent, trade secret, intellectual property or other rights of another; or (d) offensive or otherwise unacceptable to Artist A Day in its sole discretion.
7. DISCLAIMER OF WARRANTIES.
YOUR ACCESS AND USE OF THE ARTIST A DAY TECHNOLOGY AND THE PRODUCTS PURCHASED BY YOU FROM THE SITE ARE AT YOUR SOLE RISK AND ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ARTIST A DAY DISCLAIMS ALL WARRANTIES (WHETHER EXPRESS, STATUTORY, OR IMPLIED) OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, DATA ACCURACY, SYSTEM INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ANY OTHER WARRANTY ARISING UNDER THE UNIFORM COMMERCIAL CODE, USAGE OF TRADE, COURSE OF CONDUCT, OR OTHERWISE.
8. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARTIST A DAY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXMPLARY DAMAGE, INCULUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES: (c) UNAUTHORIZED ACCESS TO OR ALTERATIONOF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (e) ANY OTHER MATTER RELATING TO THE SITE.
9. INDEMINIFCATION.
You agree to indemnify and hold Artist A Day and its subsidiaries, affiliates, officers, agents, employees, members, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the use of the Site, violation of this Agreement, or your violation of any rights of another.
10. NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT.
If you believe that any works on the Site infringe on your copyright rights or have been improperly posted or distributed, please notify the administrator at info@artistaday.com or by mail at:
4060 Peachtree Road
Suite D-203
Atlanta, GA 30319
Artist A Day reserves the right to access and disclose your personal information in order to investigate and address your infringement claim.
11. INAPPROPRIATE BEHAVIOR.
You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. In addition to any remedies that Artist A Day may have at law or in equity, if Artist A Day reasonably determines that you have violated or are likely to violate the foregoing prohibitions, Artist A Day may take any action they reasonably deem necessary to cure or prevent the violation, including without limitation, the immediate removal from the Site of the related materials. Artist A Day will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing Artist A Day to disclose the identity of anyone posting such materials.
12. SECURITY.
The Site resides on the public internet. Artist A Day uses commercially reasonable measures to protect the confidentiality and security of any communications transmitted to Artist A Day and any information stored on servers controlled by Artist A Day. Notwithstanding these efforts, Artist A Day cannot guarantee the confidentiality and security of such electronic communications and storage devices used to store such information (including, personally identifiable information) and disclaims all liability arising therefrom.
Without limiting the foregoing, you shall not (a) violate or attempt to violate the security of the Artist A Day Technology; (b) access data or materials not intended for you; (c) log into a server or account which you are not authorized to access; (d) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (e) attempt to interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Artist A Day Technology. Violations of system or network security may result in civil or criminal liability. Artist A Day reserves the right to investigate occurrences that may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting users who have participated in such violations.
13. PRIVACY POLICY.
We realize that you are concerned about how the information you provide online will be used. Artist A Day’s Privacy Policy is available on this Site and is incorporated herein by this reference. Please read our Privacy Policy.
14. PRODUCT DISPLAY/COLORS & SPECIFICATIONS.
The Site attempts to display product images shown through it as accurately as possible. However, Artist A Day cannot guarantee that the image or color you see displayed on your monitor represents the actual product or conforms to the specifications of the product you have selected.
Features, pricing, and specifications of products and/or services described or depicted through the Site are subject to change at any time without notice. Weights and measures are approximate.
15. TYPOGRAPHICAL ERRORS.
The price for a product or service on the Site may differ from the price shown in your shopping cart at the time of your purchase – it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the Site. If the price for the item on the Site is incorrect, then, at the sole discretion of Artist A Day, Artist A Day may either (a) refuse or cancel your order whether or not the order has been confirmed and your credit card has been charged; (b) contact you for instructions before shipping the item or charging you for such item; (c) cancel the order for such item and notify you of such cancellation; or (d) ship the item at the incorrect price to your benefit. If your credit card has already been charged for the purchase and your order is cancelled or refused, Artist A Day shall issue a credit to your credit card account in the amount of the incorrect price that was charged.
16. SALES TAX POLICY
Sales tax may be added to each order, subject to federal, state, and local tax laws. We will do our best to accurately calculate sales tax, but errors may occur due to the large number of tax districts or for other reasons. If we do not collect sales tax for your order, you may still be responsible for paying sales and/or use tax for the purchase if required by federal, state or local tax rules and laws.
17. ORDER ACCEPTANCE/CONFIRMATION.
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for no or any reason whatsoever. You will not be charged if we reject an order, but we will process a refund if a charge has been made against you in error.
18. VALIDATING YOUR ORDER.
After you place an order through the Site, we will check the information you gave us for validity. We may require additional verifications or information before accepting any order.
We reserve the right to reject any order you place with us, and/or to limit quantities on any order, for any or no reason whatsoever. If we reject your order, we will generally attempt to notify you by using the contact information you gave to us with your order.
19. PAYING FOR YOUR ORDER.
You may pay for your order by MasterCard, Visa, American Express, or Discover credit and debit cards only. The accepted methods of payment may change at Artist A Day’s sole discretion.
Your card will be authorized for the full amount of your purchase at the time of your order. This may cause an immediate reduction in your funds or increase in your credit line, even if your order is later canceled, as the credit and debit card issuing banks release authorizations at their discretion.
20. ORDER CANCELLATION AND/OR MODIFICATION
You may attempt to cancel or modify an order at any time between the time you order the product and/or service and the time we actually ship your order or perform the services. Upon a written request from you, we will make reasonable efforts to cancel or modify your order. We may be unable to cancel or modify any purchase from the Site after we have received your order.
21. SATISFACTION GUARANTEE & RETURN POLICY.
If you are not completely satisfied with your purchase after receiving your order, you may return the item to Artist A Day provided that it is in resellable condition and the invoice is included with the reason for return. The item must be returned within ninety (90) days of the purchase date. You are solely responsible for shipping charges to return the product. Credit card refunds will take approximately 5 to 7 days to be processed.
22. ORDER PROCESSING & SHIPMENT
Please allow up to fourteen (14) days for order processing before shipping. When your order
ships, you will be emailed a shipment tracking number, if the carrier supports that capability.
INTERNATIONAL CUSTOMERS are responsible for any customs duties or taxes levied by
their country.
All orders placed through the Site are subject to product availability and will be shipped F.O.B. The risk of loss and title for ordered merchandise pass to you upon our delivery to the carrier. This means that product damaged in transit is the carrier’s responsibility and is an issue to be resolved between you and the carrier.
If a carrier does not meet its delivery performance requirements (i.e., next day air before 10:30 a.m.); you must resolve this issue with the carrier.
23. SHIPPING & HANDLING CHARGES.
Please refer to the shipment options on the page that appears during the checkout process for current shipping and handling charges. Artist A Day may change these rates at its sole discretion and without any notice.
24. LINKS TO OTHER WEB SITES.
The Site contains links to other web sites (“Third Party Sites”) controlled or offered by third parties (non-affiliates of Artist A Day). Artist A Day is not responsible for the content, accuracy, or opinions expressed on such Third Party Sites and such sites are not investigated, monitored, or checked for accuracy or completeness by Artist A Day. Artist A Day hereby disclaims any and all liability for, any information, materials, products or services posted or offered at any of the Third Party Sites. By creating a link to Third Party Sites, Artist A Day does not endorse or recommend any products or services offered or information contained at Third Party Sites, nor is Artist A Day liable for any failure of products and services offered or advertised at those sites. Such third parties may have a privacy policy different from that of Artist A Day and Third Party Sites may provide less security than Artist A Day. Without limiting the foregoing, the Site may contain offers from Artist A Day for products and services that may be obtained only by linking to the merchant web site to complete the transaction. Terms of the offer shown on the Site, including, but not limited to, price, color, quantity, availability and description may vary from those show on the merchant’s web site. Differences in the terms of an offer between what is displayed in connection with the Site and what is offered at the merchant web site will be governed by the terms shown on the merchant’s web site. Artist A Day is not responsible or liable for any such differences or discrepancies.
25. REVISIONS TO THESE TERMS AND CONDITIONS.
Artist A Day may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at the Site.
26. CHOICE OF LAW; JURISDICTION.
This Agreement supersedes any other agreement between you and Artist A Day to the extent necessary to resolve any inconsistency or ambiguity between them. The Site is administered by Artist A Day from its offices in Georgia. This Agreement will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to the Site shall be brought only in the courts of the State of Georgia or the United States District Court of Georgia. A printed version of this Agreement shall be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
27. TERMINATION.
You or we may suspend or terminate your account or your use of the Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of the Site at any time without notice.
Last Updated: July 20, 2010.
