TERMS OF SERVICE
Last Updated: April 01, 2023
Previous terms available here.
Welcome to the Artwork Archive website (the "Site") operated by Artwork Archive, LLC ("Artwork Archive," "we," "our," or "us"). Please read the following terms and conditions of service ("Terms") carefully as they contain the legal terms and conditions that you agree to when you access the Site or our services and content which are provided through the Site ("Services"). Users of the Site (including you, depending on the context) may be referred to in these Terms as "Users."
BY ACCESSING OR USING THE SITE OR ANY OF THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS, WHETHER YOU ARE AN ACCOUNT HOLDER OR A CASUAL VISITOR. SECTION 6 OF THESE TERMS APPLY ONLY TO THOSE WHO REGISTER FOR AND CREATE AN ACCOUNT ON THE SITE. YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS BY ACCESSING OR BROWSING THE SITE, BY TICKING A BOX INDICATING ACCEPTANCE TO THESE TERMS, BY CREATING A USER ACCOUNT, OR BY PAYING FOR OR SUBSCRIBING TO THE SERVICES.
IF YOU SUBSCRIBE TO THE SERVICES FOR A TERM (THE “INITIAL TERM”), THEN YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR SUCESSIVE TIME PERIODS DESCRIBED IN THE SUBSCRIPTION DETAILS AND WILL CONTINUE UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH SECTION 6.5 BELOW.
In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.
1. Access to the Site and Services.
1.1 Right to Access. Subject to your compliance with these Terms, you may access and use the Site and Services solely for lawful purposes and only while these Terms remain in effect. Any rights granted to you under these Terms will be revoked upon termination or expiration of your agreement to these Terms for any reason. All Artwork Archive Content (as defined below) is for your informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Artwork Archive Content prior to making use of, or relying upon, that Artwork Archive Content. Artwork Archive has not verified the accuracy of and will not be responsible for any errors or omissions in any Artwork Archive Content. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. “Artwork Archive Content” means all content, including all text, audio, video, photographs, illustrations, graphics, checklists, and other content or media, provided by Artwork Archive through the Site or Services.
1.2 Availability; Changes. Artwork Archive will use reasonable commercial efforts to minimize disruptions to the Site and Services. However, Artwork Archive shall not be liable to you for any modification, suspension, or discontinuance of the Services. You are responsible for making all arrangements necessary for you to access the Site. Artwork Archive reserves the right at any time and from time to time to modify, restrict, or discontinue, temporarily or permanently, with or without notice, with no liability to you or any third party.
1.3 Third-Party Links. Artwork Archive may provide links to third-party websites for your convenience. However, Artwork Archive does not endorse or take responsibility for the content or availability of these websites. By accessing linked websites, you do so at your own risk, and Artwork Archive is not liable for any resulting loss or damage.
2. Amendment of Terms. Artwork Archive may amend these Terms for any reason at any time, with or without notice. You agree to review the posting of these Terms periodically to be aware of such changes. Your continued use of the Site or Services following such changes constitutes acceptance of any amendments, additions, or modifications to these Terms. You will be bound by all such modifications, whether or not you have notice thereof. If you have created an account, we shall use reasonable efforts to notify you of any material changes to these Terms by email sent to the address you have provided to us for your account.
3. Use Restrictions.
3.1 User Content. By using any of the Site or Services, you agree that you will not distribute any User Content that: (a) is defamatory, abusive, harassing, threatening, bigoted, hateful, racially, or otherwise offensive, violent, vulgar, obscene, or pornographic; (b) otherwise harms or can reasonably be expected to harm any person or entity; (b) is illegal or encourages or advocates illegal activity; (c) infringes or violates any right of a third party including: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; (d) contains a virus or other harmful component, or otherwise tampers with, impairs, or damages the Site or any connected network, or otherwise interferes with the use or enjoyment of the Site or Services; (e) does not generally pertain to the designated topic or theme of the Site; (f) violates any specific restrictions applicable to a public forum, including its age restrictions and procedures; or (g) is antisocial, disruptive, or destructive.
3.3 Artwork Archive Remedies. While Artwork Archive does not and cannot review all material on the Site, and is not responsible for its content, Artwork Archive reserves the right to remove, delete, move, or edit User Content that it, in its sole discretion, deems to be in violation of the use restrictions set forth in Section 2 of these Terms. Artwork Archive reserves the right to terminate your account and use of the Site or Services, at any time, without notice, for any reason, including your violation of these Terms. Artwork Archive shall not be liable to you or any third party for any termination of your access to the Site or Services.
4. Intellectual Property.
4.1 Artwork Archive Property. As between Artwork Archive and you, Artwork Archive owns and expressly retains all right, title, and interest in and to the Artwork Archive IP. “Artwork Archive IP” means (a) all Artwork Archive Content and any additions, improvements, updates, and modifications thereto; and (b) any software, Services, and the Site, including, but not limited to, all current and future patents, copyrights, trademarks, trade secrets, know-how, and other proprietary rights included or embodied in the Site. You receive no ownership interest in or to the Artwork Archive IP. You shall not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in or displayed by, on, or in the Artwork Archive IP.
4.2 User Content.
a) Artwork. Artwork Archive does not and will not own your artwork. Artwork Archive does not claim ownership rights in any information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials or content you make available or use in connection with the Site and the Services or use in connection with your account ("User Content"). You remain the owner of all User Content that you submit to the Site or Services and as a condition to your use of the Site and the Services, you represent and warrant to Artwork Archive that you are the owner of the copyright to the User Content you submit to the Site or Services or that you have written permission from the copyright owner to submit such Content.
b) Disclosure of Information. If you choose to make your profile public then Artwork Archive has the right to display your profile and its contents on the Site and our related social media channels. In addition, Artwork Archive may make your identifiable information, account information, profile information, User Content, or other information, communications, or content you provide (collectively, “Your Information”) available to our employees and third parties with whom we contract for use to handle your account, provide the Site and the Services, and otherwise operate our business. In addition, Artwork Archive may access, preserve, and disclose your Information if required to do so by law or if in good faith, Artwork Archive believes that such access, preservation, or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce these Terms; (c) respond to claims that any content you provide violates the rights of third parties; or (d) protect the rights, property, or personal safety of Artwork Archive, its users, and/or the public. As Artwork Archive continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired. In such transactions, customer information generally is one of the transferred business assets. You hereby consent to the transfer of your information as one of the transferred assets and to be used for any purpose allowed under these Terms.
c) Usage Data. You acknowledge and agree that Artwork Archive has the right to collect, extract, compile, synthesize, and analyze usage data, analytics, statistics, and other non-identifiable information resulting from your access to and use of the Services (“Usage Data”). Artwork Archive retains ownership of all right, title, and interest in and to Usage Data, which may be used by Artwork Archive in connection with its performance of its obligations under these Terms and for any other lawful business purpose.
d) Trademarks. The name, logos, product and service names, brands, and trademarks of Artwork Archive (“Artwork Archive Marks”) featured on the Site and Services are the property of Artwork Archive, while the other name, logos, product and service names, brands, and trademarks mentioned or displayed on the Site and Services (“Other Marks”) belong to their respective owners. Nothing on the Site or in the Services shall be deemed to confer on any person any license or right on the part of Artwork Archive or any third party with respect to the Artwork Archive Marks or Other Marks. Use or display of the Company Marks or Other Marks without prior written permission is prohibited.
5. Claims of Copyright Infringement.
5.1 Designated Agent. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the Artwork Archive's designated agent:
P.O. Box 181185
Denver, CO 80218
5.2 Notice Requirements. To be effective, the notification must be a written communication that includes the following: (A) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (B) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (D) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (E) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (F) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
5.3 Notice by Artwork Archive. We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: (A) Your physical or electronic signature; (B) Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; (C) A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (D) Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Artwork Archive may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.
6. Registration; Payment; Subscription (Account Holders Only).
6.1 Registration. You must be at least sixteen (16) years of age to register for the Site and Services. In consideration of your use of the Services, you represent and certify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
6.2 Password. You will create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Artwork Archive of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Artwork Archive is not liable for any loss or damage arising from your failure to comply with this Section or from any unauthorized use of your account.
6.3 Pricing and Payment. The fees for the Services are provided on the Site. Artwork Archive will bill your credit card for all fees. You will provide Artwork Archive with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, Artwork Archive reserves the right to terminate the Services and your access to the Site in addition to seeking any other legal remedies. Artwork Archive is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by Artwork Archive. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. Artwork Archive's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities (“Taxes”), and you will be responsible for payment of all such Taxes.
6.4 Auto-Renewal of Subscriptions. YOU CAN VIEW YOUR PAST AND UPCOMING BILLING DETAILS AT ANY TIME UNDER THE ACCOUNT LINK (ON THE LEFT MENU). YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW (AND YOU WILL AUTOMATICALLY BE CHARGED) ON THE FIRST DAY FOLLOWING THE END OF THE INITIAL TERM OF YOUR SUBSCRIPTION AND SHALL CONTINUE FOR AN ADDITIONAL SUBSCRIPTION TERM OF EQUIVALENT DURATION, UNDER THE SAME TERMS AND PRICING, UNTIL YOU CANCEL IN ACCORDANCE WITH SECTION 6.5 BELOW. YOU AGREE THAT YOUR ACCOUNT WILL BE SUBJECT TO THIS AUTOMATIC RENEWAL FEATURE UNLESS YOU CANCEL YOUR SUBSCRIPTION. BY SUBSCRIBING, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT PROVIDER FOR YOUR INITIAL SUBSCRIPTION PERIOD, AND AGAIN AT THE BEGINNING OF ANY SUBSEQUENT SUBSCRIPTION RENEWAL PERIOD FOR THE FEES AGREED UPON.
BY PURCHASING OR OTHERWISE SIGNING UP FOR ANY SUBSCRIPTION, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION:
Upon renewal of your subscription, if we do not receive payment from your payment provider, (a) you agree to pay all amounts due on your account upon demand and/or (b) you agree that Artwork Archive may either terminate or suspend your subscription and continue to attempt to charge your payment provider until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
6.5 Cancellation. You can cancel your subscription at any time from your account page or by contacting us, and we will process your cancellation within two (2) business days. Your cancellation must be effective prior to the date your next subscription period begins to prevent renewal charges. If you choose to cancel your subscription at any time, your subscription will no longer renew and we will not charge your payment provider for the subsequent subscription period.
6.6 Free Trials. In Artwork Archive’s sole discretion, you may have access to a free trial period of the Services. All free trials are provided as-is and without warranty. Free trials are not guaranteed, and Artwork Archive may suspend or terminate them at any time.
7. Disclaimer. THE SERVICES AND THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN PARTICULAR, ARTWORK ARCHIVE MAKES NO WARRANTY THAT THE SITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, THAT THE SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT THE SITE, OR THAT DATA ARE SECURE FROM UNAUTHORIZED ACCESS. NO ADVICE OR INFORMATION GIVEN BY ARTWORK ARCHIVE, ITS EMPLOYEES, AFFILIATES, OR USERS SHALL CREATE A WARRANTY. IN ADDITION, ARTWORK ARCHIVE DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE IS ACCURATE, COMPLETE OR CURRENT OR WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. YOU SPECIFICALLY ACKNOWLEDGE THAT DOWN-TIME AND COMPUTER VIRUSES ARE RISKS INHERENT IN THE USE OF THE INTERNET AND SOFTWARE PRODUCTS. WE CANNOT AND DO NOT ASSURE THAT OTHER USERS ARE OR WILL BE COMPLYING WITH THESE TERMS, AND, BETWEEN YOU AND US, YOU HEREBY ASSUME ALL RISK OF HARM OR INJURY RESULTING FROM ANY SUCH LACK OF COMPLIANCE. WITHOUT LIMITING THE FOREGOING, ARTWORK ARCHIVE WILL NOT BE HELD LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ARTWORK ARCHIVE CONTENT OR USER CONTENT UNDER THE COMMUNICATIONS DECENCY ACT (47 U.S.C. § 230).
8. Limitation of Liability.
YOUR USE OF THE SITE OR SERVICES AND ANY RELIANCE UPON EITHER IS AT YOUR SOLE RISK AND YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF THE SITE OR SERVICES, INCLUDING YOUR RELIANCE UPON ANY FACTS, OPINIONS, AND INFORMATION THEREIN. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL ARTWORK ARCHIVE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, IMAGES, DATA OR OTHER INTANGIBLES, EVEN IF ARTWORK ARCHIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THAT RESULT FROM THE USE OR THE INABILITY TO USE THE SITE OR THE SERVICES, FROM ANY CHANGES TO THE SITE OR THE SERVICES OR FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. ARTWORK ARCHIVE’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND THE SITE AND SERVICES, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED THE GREATER OF THE FEES PAID BY YOU FOR THE SERVICES IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR $100. YOU AGREE THAT ARTWORK ARCHIVE WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY.
YOU ACKNOWLEDGE THAT YOU MAY BE DISCLOSING SENSITIVE, PRIVATE, AND CONFIDENTIAL INFORMATION ABOUT YOURSELF IN YOUR USE OF THE SITE AND THE SERVICES AND YOU AGREE TO ASSUME RESPONSIBILITY FOR ANY HARM OR DAMAGES OF ANY KIND OR CHARACTER WHATSOEVER RESULTING FROM YOUR RELEASE OF SUCH CONTENT.
IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL ARTWORK ARCHIVE HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES.
IT IS THE INTENTION OF YOU AND ARTWORK ARCHIVE THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnity. You hereby agree to indemnify, defend, and hold harmless Artwork Archive and its officers, directors, shareholders, affiliates, employees, agents, contractors, assigns, users, customers, providers, licensees, and successors in interest from and against any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) arising in any manner from: (a) your access to or use of the Site, Services, or Artwork Archive Content; (b) Your Information and any other content or information you provide through the Site or Services; (c) your artwork; and (d) your breach of any representation, warranty, or other provision of these Terms. Artwork Archive will provide you with notice of any such claim or allegation, and Artwork Archive will have the right to participate in the defense of any such claim at its expense.
11. Applicable Law and Jurisdiction; Enforcement. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or the Services or these Terms must be brought, if at all, within one year from the accrual of the claim or cause of action or be forever barred. You and Artwork Archive agree that these Terms and any claims hereunder shall be governed by and subject to the laws of the state of Colorado, without giving effect to any principles of conflicts of law. You agree to personal jurisdiction by and venue in the state or federal courts located in Denver County, Colorado. If any legal action is brought to enforce these Terms, the prevailing party will be entitled to reimbursement of its attorneys' fees, court costs, and other collection expenses, in addition to any other relief it may receive from the other party.
12. General. No joint venture, partnership, employment, or agency relationship exists between you and Artwork Archive as a result of these Terms or use of the Site or the Services. Artwork Archive will not be liable by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, material shortages or any other cause which is beyond Artwork Archive's reasonable control. The failure of Artwork Archive to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Artwork Archive in writing. The headings of Sections of these Terms are for convenience and are not to be used in interpretation. These Terms constitute the entire agreement between you and Artwork Archive and govern your use of the Site and the Services, superseding any prior agreements between you and Artwork Archive. The failure of Artwork Archive to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you and Artwork Archive nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect. Any questions, comments, or suggestions, including any report of violation of these Terms should be provided to the administrator of the Site as follows:
Artwork Archive, Inc.
P.O. Box 181185
Denver, CO 80218