Please read these terms of service (this “terms of service” or “terms”) carefully before using the website and services operated by Arts & Co. (collectively and as applicable, “us,” “we,” and “our”) and all its associated trademarks.
These terms of service shall manage your use of our website and services.
By accessing the Arts & Co. website or using the Arts & Co. services, you certify that you have read and reviewed this agreement and that you agree to comply with its terms. If you do not want to be bound by the terms of this agreement, you are advised to leave the website accordingly. Arts & Co. only grants use of and access to this website, its products, and its services to those who have accepted its terms.
You must not use this website or any of its applications if you disagree with any of the terms of service. You are responsible to review these terms of service periodically. Arts & Co. reserves the right to edit, modify, and change this agreement any time. This agreement is an understanding between Arts & Co. and the user, and this supersedes and replaces all prior agreements regarding the use of this website. We may revise these terms without any given notice. If you have any questions about these terms of service, please contact Arts & Co. Administration.
Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. This policy will help you better understand our practices. Certain areas of this website are restricted from being accessed by you, and Arts & Co. may further restrict access by you to any areas of this website, at any time, in absolute discretion. Any user identification name and password you may have for this website are confidential, and you must maintain confidentiality as well.
When accessing the Arts & Co. website or using the Arts & Co. services, you agree that all materials, products, and services provided on this website are the property of Arts & Co., its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, service marks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute the Arts & Co.’s intellectual property in any way, including electronic, digital, or new trademark registrations.
All rights in and to the Arts & Co. service mark and the digital arts not expressly provided for in this terms are hereby reserved by Arts & Co. The downloadable digital arts are licensed, not sold. Arts & Co. owns and will retain all title, interest, ownership rights, and intellectual property rights in and to the Arts & Co. service mark and all of its digital downloads. The Arts & Co. logo is a registered service mark of Arts & Co. within the United States. Without limitation, you shall not, nor permit any third party to do or attempt to do any of the following without express prior written consent from Arts & Co.: (a) modify the digital arts; (b) use the digital arts to advertise, market, or sell any product or service; (c) use the digital arts in connection with media that depicts hatred, intolerance, violence, cruelty, or any other subject matter that reflects negatively on the Arts & Co. brand; (d) use the digital art in any other form of media, except solely for your own personal, non-commercial use for so long as you own the digital art; (e) sell, distribute for commercial gain, including, without limitation, giving away in the hopes of eventual commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the digital art; (d) attempt to register any trademark, copyright, or otherwise acquire additional intellectual property rights in or to the digital art; or (e) otherwise utilize the digital art for your or any third party’s commercial benefit.
If you purchase and acquire a digital download from Arts & Co. Merch, you own all personal property rights to that digital art. Such rights, however, do not include the ownership of the intellectual property rights in the digital art. Arts & Co. hereby grants to you, for so long as you own the digital art, as recorded on your Arts & Co. account and on Arts & Co. Merch, a non-exclusive, non-sublicensable, royalty-free license to use, copy, and display the digital download linked with your purchase of an electronic record, image of art, or digital display solely for the following purposes: (a) for your own personal, non-commercial use, including to create one back-up copy of the digital art and a single physical print out of the digital art, each to be retained only for so long as you own the associated digital art; and (b) efforts to sell or otherwise transfer the associated digital art consistent with the ownership of it. The license in the prior sentence is non-transferrable, except that it will automatically transfer in connection with the transfer of the digital art. No Arts & Co. service marks or trademarks included in the art or other rights based on designation of source or origin are licensed to you. You may not use or attempt to register any asset, including any domain names, social media accounts or related addresses, that contains or incorporates any artwork, other representation, name or mark that may be confusingly similar to such trademarks.
As a personal property rights owner of an Arts & Co. digital art or collection, you represent and warrant that you will not transfer the digital art in any secondary transaction to a transferee that is: (a) located in a country that is subject to a U.S. Government embargo; (b) located in a country that has been designated by the U.S. Government as a terrorist-supporting country; or (c) located in a country listed on any U.S. Government list of prohibited or restricted parties. A secondary transaction means any transaction in which the digital art is sold by one owner to another owner or is otherwise transferred in any manner that is not a primary transaction; and a primary transaction means a transaction facilitated through the marketplace in which the digital art is first sold.
Your license to the digital art shall automatically and immediately terminate without notice, and all rights shall revert to Arts & Co. if at any time: (a) you breach any portion of this agreement; (b) you engage in any unlawful activity related to the digital art, including transferring the digital art to a prohibited transferee; (c) you initiate any legal actions, except an arbitration as specifically provided herein, against Arts & Co. or their subsidiary, affiliate companies, and each of their respective officers, directors, members, affiliates, agents, attorneys, and employees (collectively, the “Arts & Co. parties”); or (d) at Arts & Co.’s sole determination and discretion, you disparage any of the Arts & Co. parties or their brands and/or products. Upon any termination, discontinuation or cancellation of your license to the respective digital art, Arts & Co. may disable your access to the digital art, and you must delete, remove, or otherwise destroy any back up or single digital or physical copy of the respective digital art.
All merchandise sold by Arts & Co. via this website is sold without any representations or warranties, legal or contractual. All sales of the merchandise are final. Arts & Co. accepts payment for the transaction purchase using PayPal. By purchasing any merchandise on Arts & Co. Merch, you agree to pay all applicable fees and, if applicable, you authorize PayPal to automatically deduct fees, including any transaction fees as applicable, directly from your payments for the transaction.
All merchandise sold by Arts & Co. via this website is provided “as is” and “as available,” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Arts & Co. explicitly disclaims any warranties, express or implied, including but not limited to implied warranties of non-infringement, merchantability, fitness for a particular purpose, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade.
You hereby indemnify to the fullest extent Arts & Co. and its affiliates from and against any and/or all liabilities, legal claims, costs, demands, causes of action, damages, and expenses arising in any way related to your use or misuse of our services and/or to your breach of any of the provisions of these terms. You shall defend, indemnify, and hold the Arts & Co. parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses, including attorneys’ fees, that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought by a third party, including any person who accesses or transacts using this website. Arts & Co. reserves the right to assume the exclusive defense and control of any claims and losses.
To the extent permitted by applicable law, Arts & Co. and its affiliates shall not be held liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services. Arts & Co. shall be under no liability whatsoever to you in respect of any loss or damage, including liability in negligence, to any person for any loss or damage, consequential or otherwise, suffered or incurred by that person in relation to the goods and/or advice, recommendations, information, or services.
The parties shall in good faith endeavor to resolve all claims or disputes arising from or relating to the terms of this agreement first by mediation through a mediator selected by the parties, and if not resolved by mediation, then the parties agree to resolve all claims or dispute by binding arbitration in accordance with this section. Any claim or controversy between the parties arising out of or relating to this agreement, or breach of the agreement, shall be settled in accordance with the dispute resolution procedure set forth below.
The disputing party shall give the other party written notice promptly after such dispute arises. Within twenty days after receipt of said notice, the receiving party shall submit to the other party a written response. The notice and response shall include a general statement of each party's position and the name and title of the executive who will represent that party. The executives shall meet at a mutually acceptable time and place within thirty (30) days of the date of the disputing party's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. At any time after the receiving party submits its written response, either party may propose mediation, or if the parties mutually agree to such mediation the claim or controversy shall be mediated in accordance with the Center for Public Resources Model Procedure for Mediation of Business Disputes. If either party will not participate in mediation or if the matter has not been resolved pursuant to the aforementioned mediation procedure within sixty (60) days of the initiation of such procedure, except where such time has been extended by mutual consent of the parties in writing, and provided that the parties are no longer engaged in mediation, then the controversy shall be settled by arbitration in accordance with the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes, by a sole arbitrator. The arbitrator shall be selected by agreement of the parties in accordance with Rule 6.4 of such Rules. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.C. 1-16, and judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be in San Diego County, California.
The party seeking mediation shall submit a written notice for mediation to the other party (the “notice”). The parties shall agree on a mediator and mediation date within ten (10) business days from the date of the notice. If the parties are unable to agree upon a mediator and mediation date within ten (10) business days from the date of the notice, the matter shall, within twenty (20) business days from the date of the notice, be referred to the American Arbitration Association for final and binding arbitration. If the matter is mediated but not resolved by mediation, the matter shall, within ten (10) days from the last mediation proceeding, be referred to the American Arbitration Association for final and binding arbitration. The arbitration proceedings shall take place in the County of San Diego, California and shall be governed by the California Arbitration Code and the rules pertaining to commercial arbitration of the American Arbitration Association then in effect, except the provisions of this paragraph shall govern if in conflict with such rules.
You and Arts & Co. agree that each may bring claims against the other only in each party’s individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party.
Except to the extent that arbitration is required above, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute or excluded dispute may only be instituted in state or federal court in San Diego County, California. Accordingly, the parties consent to the exclusive personal jurisdiction and venue of such courts for such matters.
With the exception of any of the provisions of this agreement (“class action waiver”), if an arbitrator or court of competent jurisdiction decides that any part of the agreement is invalid or unenforceable, the other parts of this agreement will still apply.
As a user of this website, you may be asked to register with us and provide private information. By submitting your email address in connection with your account, you agree that Arts & Co. may use your email address to contact you about our products, services, and other administrative purposes. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the website, inform us immediately so we may address it accordingly. We reserve all rights to terminate accounts, edit or remove content and cancel orders at our sole discretion.
Clients or prospective clients may upload content as long as it is not obscene, illegal, defamatory, threatening, infringing on intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaigns, and commercial solicitation. We reserve all rights to remove and/or edit such content. When you upload your content, you grant Arts & Co. non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, and modify such content throughout the world in any media. Other than the content you own, under these terms, Arts & Co. and/or its licensors own all the intellectual property rights and materials contained in this website. We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. You are granted limited license only for purposes of viewing the material contained on this website. You grant Arts & Co. a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. For issues regarding intellectual property claims, you should contact Arts & Co. Administration in order to come to an agreement.
You acknowledge that Arts & Co. reserves the right to, at its sole absolute discretion, refuse service to anyone, restrict access to the website, temporary suspend or deactivate your account, permanently close your account, and/or cancel user access at any time without any notice.
Although we hope to make the Arts & Co. services available at all times in the future, there may be times when we need to disable our website temporarily. The services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as Arts & Co. will not be liable if all or any part of the services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the services, or the entire service, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the services, including with respect to device compatibility.
By visiting this website, you agree that the laws of the San Diego County, California, without regard to principles of conflict laws, will govern these terms and conditions, or any dispute of any sort that might come between Arts & Co. and you, or its business partners and associates.
If any provision of this agreement is or becomes invalid or unenforceable in whole or in part because the provision is contrary to law or against public policy or for any other reason, then the provision shall be enforced to the extent valid and enforceable, and the validity and enforceability of the remaining provisions of this agreement shall be unaffected.
By accessing the Arts & Co. website or using the Arts & Co. services, you acknowledge that you have read and accepted these terms of service, and you agree to be bound by them.
The information contained in this web site is subject to change without notice. This page was last updated by Arts & Co. Administration on March 26, 2023.
