GENERAL TERMS AND CONDITIONS OF ARTARENA LLC ("USE AGREEMENT”)
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS. YOUR ACCEPTANCE OF THESE TERMS IS AN ABSOLUTE CONDITION OF YOUR USE OF THE ARTARENA WEBSITE AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND ARTARENA, INC. AND ITS ARTTRIBUTORS (hereafter "ArtArena"). By accessing the website or part thereof under the ArtArena domain www.ArtArena.com, you agree to be bound by the terms of this Use Agreement. ArtArena reserves the right to change these terms at any time without prior written notice, and you agree to be bound by such changes.
The applicable License Agreement and the Arttributor Agreement are in addition to this Use Agreement. In the event of any inconsistency between this Use Agreement and the License and/or Arttributor Agreements (both of which are incorporated into this Agreement by reference), the terms of the License Agreement or the Arttributor Agreement shall govern.
"You” means you or, if you are accepting on behalf of your employer or member account entity, then "You” means that employer or entity and affiliates;
"ArtArena” means the website or ArtArena, LLC operator of the Site; and
"Content” means any photographic image, illustration, animation, Flash file, film or visual representation generated optically, electronically, digitally or by any other means or in any media or other material that you are downloading from the Site, together with any accompanying material.
"Permitted Derivative Works” means the original Content has been fundamentally modified or transformed sufficiently that it constitutes an original work entitling the author or artist to copyright protection under applicable law, and where the primary value of such transformed or derivative work is not recognizable as the Content nor is the Content capable of being downloaded, extracted or accessed by a third party as a stand-alone file (satisfaction of these conditions will constitute the work as a "Permitted Derivative Work” for the purposes of this Agreement). Any use of the Content that is not a Permitted Derivative Work shall constitute infringement of copyright.
"Storage” means gigabytes purchased by you to store your content which is not for sale on the Site.
This Site is owned and operated by ArtArena, LLC. All images on this web site are owned by ArtArena or its partners/contributors and may be protected by both domestic and international copyright laws and treaties. ArtArena retains all rights not expressly granted by this agreement. This Agreement is effective until it is terminated. Any license obtained under this Agreement will terminate automatically without notice from ArtArena, if you fail to comply with any provision of this Agreement. Upon termination, you must destroy all materials obtained from this site, copies, and related documentation thereof. In addition, ArtArena reserves the right to terminate this site without notice. You can terminate this Agreement by destroying the Content and any Permitted Derivative Works, along with any copies or archives of it or accompanying materials (if applicable), and ceasing to use the Content for any purpose.
ArtArena reserves the right to elect at a later date to revoke or amend the license granted by this Agreement and replace the Content with an alternative for any reason. Upon notice, sent to the address or contact information provided by you for your member account, or such other address as you may advise us in writing to use, from time to time, of such replacement, the license for the replaced Content immediately terminates for any products that do not already exist, and this license automatically applies to the replacement Content. You agree not to use the replaced Content, or any Permitted Derivative Works, for future products and to take all reasonable steps to discontinue use of the replaced Content, or any Permitted Derivative Works, in products that already exist.
Upon notice from ArtArena, or upon your knowledge that any Content is subject to a threatened, potential or actual claim of infringement of another's right for which ArtArena may be liable, you must immediately and at your own expense (i) stop using the Content; (ii) delete or remove the Content from your premises, computer systems and storage (electronic or physical); and (iii) ensure that your clients, printers or ISPs do likewise.
ArtArena represents that (i) the Content will be free from defects in material and workmanship for thirty (30) day from delivery (you sole and exclusive remedy for a breach of warranty being a replacement of the Content); and (ii) it has all necessary rights and authority to enter into and perform this Use Agreement.
While ArtArena have made reasonable efforts to correctly categorize, keyword, caption and title the Content, ArtArena does not warrant the accuracy of such information. Additionally, ArtArena does not warrant the accuracy of any metadata that may be provided with the Content.
All brand, product and service names used by ArtArena or third parties and their products and services are proprietary marks of ArtArena and/or the relevant third parties. Nothing herein shall be deemed to confer on any person any license or right on the part of ArtArena or any third party with respect to any such image, logo or name.
IF YOU HAVE A DISPUTE WITH ANY THIRD PARTY UNDER THIS AGREEMENT, RELATED TO OR ARISING AS A RESULT OF THE CONTENT, YOU HEREBY RELEASE ARTARENA (AND ITS OFFICERS, DIRECTORS, AUTHORIZED PARTNERS, AFFILIATES, SUBSIDIARIES, VENTURERS AND EMPLOYEES) (THE "ARTARENA PARTIES”) FROM ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, ARTARENA OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS OR AGENTS (COLLECTIVELY, THE "ARTARENA PARTIES OR ARTARENA PARTY”) MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; THAT THE SITE OR THE PAYMENT SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; THAT INFORMATION OR MATERIALS INCLUDED ON THE SITE WILL BE AS REPRESENTED,OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ARTARENA. YOU ACKNOWLEDGE THAT THE ARTARENA PARTIES WILL NOT BE RESPONSIBLE FOR MISUSE OF THE CONTENT BY ANY PARTY.
LIMITATION OF LIABILITY
a. THE ARTARENA PARTIES ARE NOT LIABLE FOR ANY LOSS OR DAMAGE TO CONTENT OR MATERIAL SUBMITTED TO ARTARENA. YOU ACKNOWLEDGE AND AGREE YOU ARE REQUIRED TO PROVIDE OR MAINTAIN YOUR OWN BACKUP FILES FOR ANY CONTENT SUBMITTED TO ARTARENA AND UNDER NO CIRCUMSTNCES SHOULD YOU USE ARTARENA AS THE SOLE REPOSITORY OF THE CONTENT. UNDER NO CIRCUMSTANCES WILL THE ARTARENA PARTIES’ MAXIMUM AGGREGATE LIABILITY (WHETHER IN TORT, NEGLIGENCE, CONTRACT, OR OTHERWISE) FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, THE USE OF CONTENT PROVIDED TO ARTARENA UNDER THIS AGREEMENT OR THE USE OF THE SITE EXCEED THE LESSER OF (i) THE FEES COLLECTED BY ARTARENA FOR THE CONTENT THAT IS THE SUBJECT MATTER OF THE CLAIM, OR (ii) THE MAXIMUM AMOUNT OF US$10.00 IN THE AGGREGATE, REGARDLESS OF THE NUMBER OF CLAIMS. IF THESE AMOUNTS ARE NOT ADEQUATE TO COVER THE VALUE OF YOUR CONTENT, YOU WILL BEAR SOLE RESPONSIBILITY FOR OBTAINING AND MAINTAINING ADEQUATE INSURANCE FOR PROTECTION OF THE CONTENT OR MATERIALS PROVIDED TO ARTARENA.
b. NO ACTION. REGARDLESS OF FORM, MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE DATE OF THE ALLEGED LOSS OR DAMAGE.
c. FOR ANY CLAIM UNDER THIS AGREEMENT, THE ARTARENA PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOSS OF PRIVACY, INTERRUPTION OR OTHER PECUNIARY LOSS, SITE OR COMPUTER FAILURE OR MALFUNCTION, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT TORT OR OTHERWISE) EVEN IF THE ARTARENA PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT THE ARTARENA PARTIES WILL NOT BE RESPONSIBLE FOR MISUSE OF THE CONTENT BY ANY PARTY.
d. THE FORGOING EXCLUSIONS AND LIMITATIONS ARE APPLICABLE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
e. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE ARTARENA PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
YOUR REPRESENTATIONS, WARRANTS AND COVENANTS
You must be least 18 years of age and have the right to enter into this Agreement; You represent and warrant that you are at least 18 years of age and that, if requested by ArtArena, at any time and in its sole discretion, you will provide proof of your age an identity sufficient for ArtArena’s purpose(s).
You are confirming and warranting that all of the information you have provided to ArtArena is complete and accurate including all credit card information, and you agree that you will promptly update and/ or correct any information that is not or becomes inaccurate or incomplete.
You acknowledge and agree that ArtArena is relying on the truthfulness and accuracy of the information you enter, and that providing false information or otherwise failing to correct or update erroneous information may result ArtArena terminating your participation as an Arttributor and/or your ArtArena account.
You acknowledge and agree are solely responsible for any conduct and actions (or inaction) that takes place on your account and you will immediately notify ArtArena if you become aware of any unauthorized use of your account.
You are limited to one active ArtArena account. You agree you shall not create multiple accounts and will not submit identical images to more than one account.
Your use of the Content will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
You may be required to create an Arttributor screen name and password that will identify you on the Site. You agree that you will not select a screen name that (i) incorporates the trademark, service mark or trade name of a third party and/or does or is likely to cause confusion with the foregoing; and/or (ii) is obscene, vulgar or offensive. ArtArena, in its sole discretion reserves the right to refuse and/or deactivate any screen name that it determines is inappropriate You agree that all passwords to your ArtArena account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, ArtArena shall be entitled to
terminate this Agreement and your account immediately with notice to you;
retain all unpaid payments pursuant to any Agreement hereunder; and
seek any legal or equitable remedies.
You agree to indemnify, save, and hold ArtArena, its affiliates (and their respective successors, officers, directors, employees, directors and representatives) and authorized partners harmless from any and all claims, demands, costs, losses, penalties, interest and damages (including reasonable attorneys’ fees, expert witness fees and expenses) arising out of or in connection with any claim by a third party to the extent such claim would (i) constitute a breach of the representations, warranties and obligations set forth in this Use Agreement, or (ii) arise out of the use of the Site or any materials or services provided by ArtArena and its affiliates to you.
It is ArtArena’s policy to respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This policy describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA, but ArtArena will respond to notices of this form from other jurisdictions as well.
It is expected that all users of any part of this site will comply with applicable copyright laws. If, however, ArtArena receives proper notification of claimed copyright infringement, its response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether ArtArena may be liable for such infringement under United States law or the laws of another jurisdiction.
If ArtArena remove or disable access in response to such a notice, ArtArena will make a good-faith attempt to contact the owner or administrator of the affected Content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. ArtArena may also document notices of alleged infringement on which its acts.
Upon receipt of proper notification of claimed infringement, ArtArena will follow the procedures outlined herein and in the DMCA.
To file a notice of infringement with ArtArena, you must provide a written communication (by fax and regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including reasonable attorneys’ fees, expert witness fees and expenses) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer.
To expedite our ability to process your request, please use the following format:Identify with sufficient detail the copyrighted work that you believe has to been infringed provide a photograph if possible;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;Information reasonably sufficient to permit ArtArena to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;The following statement: "I have 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";The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed"; and
Sign the document;
Send the written communication to:
Attn: Legal Department
5900 San Fernando Road, Glendale, CA 91202
OR fax to: 818-296-3839 Attn: Attn: Legal Department.
Counter Notification. The provider of the allegedly infringing content an may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA.
To file a counter notification with ArtArena, you must provide a written communication (by fax or regular mail) that sets forth the information specified in the list below. Email communication will not be permitted. Please note that you will be liable for damages (including costs and attorney's fees) if you materially misrepresent that material is infringing your copyright(s). Accordingly, if you are not sure if you are the proper copyright holder or if copyright laws protect the material of yours, you may want to consult a lawyer. Please note that you will be liable for damages (including reasonable attorneys’ fees, expert witness fees and expenses) if you materially misrepresent that a product or activity is not infringing the copyrights of others. Accordingly, if you are not sure whether certain material infringes the copyrights of others, ArtArena suggests that you first contact an attorney.
To expedite ArtArena’s ability to process your request, please use the following:
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, provide a photograph if possible;
your name, address, and telephone number;
The following statement: "I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]";
The following statement: "I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent";
The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled"; and
Sign the document;
Send the written communication to:
5900 San Fernando Road, Glendale, CA 91202
Attn: Legal Department
OR fax to: 818-296-3839 Attn: Legal Department.
Upon receipt of such counter notification, ArtArena will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that ArtArena will replace the removed material or cease disabling access to it in 10 business days. ArtArena will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless ArtArena first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.
Repeat Infringers. In accordance with Section 512(i)(1)(a) of the DMCA, ArtArena will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.
THIRD PARTY SOFTWARE
As a convenience, we may make third-party software available through the website. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall ArtArena be liable for claims and/or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded through the website.
Chat Rooms and Forums - As a registered member of ArtArena, you will be granted the privilege of participating in chat rooms and forums on the ArtArena website which means you may post your Content in the form of text for display in these areas of the ArtArena website, subject to your compliance with this Use Agreement.
Arttributor Materials - As a registered member of ArtArena, you will also be granted the privilege of submitting certain types of tour Content, known as "Artist Materials," for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Arttributor Agreement which is incorporated into, and forms a part of, the Use Agreement.
Customer Content- You maybe come a registered member of ArtArena and choose not to sell your Content but only to store your Content pursuant to the terms herein.
ArtArena offers all its Arttributors and Customers storage of their Content as defined in the storage section of the website. Such storage is a combination of free and paid gigabytes depending on the storage size need. Storage accounts are for those who maintain active accounts with ArtArena. When you upload Content to the site, the original resolution and format of your Content may be modified depending on the upload speed you choose. Further, if you upload photo or Content with very high resolution or bit-rate, ArtArena may in its discretion down-sample the Content regardless of the upload speed you choose. Furthermore, you acknowledge that ArtArena reserves the right to terminate or suspend accounts that are inactive, in ArtArena's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). ArtArena shall have no responsibility or liability for the deletion or failure to store any Content maintained on the website and you are solely responsible for creating back-ups of your Content. You further acknowledge that ArtArena reserves the right to modify its storage policies from time to time, with or without notice to you.
REFUND POLICY FOR STORAGE PURCHASES
ArtArena storage plans purchases are non-refundable. The amount of storage you purchased is yours for the length of the subscription regardless of if you decide to cancel at any point.
RENEWALS FOR STORAGE PURCHASES
By default, your storage purchase is set to automatically renew at the end of your subscription which is yearly even for the initial free storage offering by ArtArena. At point during your subscription, you can upgrade to a larger storage plan. You’ll be upgraded to your new storage level immediately and the credits in your account will be used or if you will be charged the additional credits by a billing invoice email to you.
The term of your storage will be one (1) year and will automatically renew and be charged against the credits in your account or if you have no credits a billing invoice will be emailed to you. You will receive a notice thirty (30) days before the end of your term to renew your account. If you fail to renew you will receive a notice on your termination date and have five (5) days grace period to renew your account or your account will be suspended for non-payment. If payment is not made within thirty (30) days after your termination date your account will be deleted this includes any free storage offering you may have had. PLEASE NOTE THIS DOES NOT APPLY TO IMAGES YOU HAVE PLACED FOR SALE ON THE WEBSITE THOSE WILL NOT BE DELETED UNLESS REMOVED FOR SALE BY YOU OR ARTARENA.
REFUND POLICY FOR DIGITAL LICENSES PURCHASEAny and all ArtArena digital purchases are non-refundable.
REFUND POLICY FOR PRINTED PRODUCT PURCHASESArtArena.com guarantees that its printed products will not be defective in accordance with industry standards. We have designed our website so that you should be able to resolve most issues concerning your print orders online. If you believe your print job is defective or has not otherwise met your requirements we recommend that you try to resolve the issue through the ArtArena.com website tools. CONTACT US and fill out online form describing your problem. Submit it to us and we will get back to you as soon as we can, typically this will be via email within 24 hours. Please contact us within 6 business days of receiving your order. Although we will try to provide an answer within a few hours, we reserve the right to take up to 5 business days to determine if a reprint or refund is appropriate, or to advise you that more information is needed to process your inquiry. If the product is deemed defective or has not otherwise met ArtArena.com's obligations, one of the following resolutions will be offered:
1. We will reprint the print job and expedite production.
2. We will refund the original order price.
If our decision is to provide you with a reprint or a refund, then, unless we agree otherwise, you must return the entire original print order to us. You agree to hold the original print job for at least 15 days after you are notified of the reprint or refund resolution. A return address will be provided by your Service Provider or ArtArena.com. If you do not return the original order when requested, you agree that Redtagpritsale.com may charge you for the cost of the reprint or deny your refund (even if previously approved). When applicable, a refund will be issued within 10 business days of our receipt of the original product order. A reprint will typically begin production within one business day of our receipt of the original product or such earlier time as we, in our discretion, may agree to.
We reserve the right to request samples of any allegedly defective merchandise prior to either of the forgoing resolutions being agreed to.
The forgoing is ArtArena.com's sole responsibility with respect to a defective order. To the maximum extent permitted by law, ArtArena.com is not responsible for any indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ArtArena.com has been advised of the possibility of such damages), resulting from the order. If you need your print job by a certain date, or if it contains dated or time sensitive materials, we strongly recommend that you leave plenty of time to place your order.
The following do not constitute grounds for a refund, or a return or reprint of a product:
An order that is refused at time of delivery or undeliverable orders. We will reship the product at the customer's expense if requested.
The product is lost, delayed or returned to ArtArena.com due to an error made by the customer in submitting the proper shipping address. (For product that is later found or that is returned to us we will, if requested, reship the package with a corrected address subject to payment of an additional shipping fee for the shipment).
Product that is delayed in production and/or shipping as a result of the customer providing inaccurate information.
Product that incurs a higher shipping charge as a result of the customer providing inaccurate information.
Product that is delayed in production and/or shipping as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, and any other circumstances that are beyond our direct control.
Product that has experienced a color shift during the conversion to CMYK format, for example, as a result of having been submitted by the customer in RGB or PMS Pantone colors.
Product that experiences print or images that are fuzzy, pixilated or otherwise distorted as a result of the customer providing artwork that is not at a minimum of 300 DPI at 1:1 ratio (or 100%) and/or in CMYK mode.
Products that do not exactly match color or ink density. ArtArena.com does not color match or match customer specified ink density.
An inability to print or write on the product, unless the product description states otherwise. A typical UV coated product cannot be printed or written upon. Matte finished products may or may not accept printing or writing. We recommend that you obtain a sample and then test it using the printer you will use before placing a final order. ArtArena.com is not responsible for an inability to print or write on a Product, unless the product specifically states that it is suitable for this purpose.
Orders that are duplicated as a result of customer error.
Orders that are canceled after the order has entered into production (or any process thereafter).
Orders that contain dated materials that arrive after the relevant date or with insufficient time to use the material as intended.
SHIPPING POLICY AND GUIDELINES FOR PRINTED PRODUCTSWe ship all packages via UPS. Our standard shipping level is UPS Ground, but you may select an alternative level of UPS shipping during the ordering process. There may be increased charges for selecting an alternative level. Our shipping charges are based on the rates charged by UPS, as they may vary from time to time. Please note that we are not able to use a customer's personal account with UPS or any other carrier.
We utilize production facilities located across the United States in order to provide cost effective and efficient shipping. However, because we use a third party shipping service ArtArena cannot guaranty a specific delivery date or time.
The time it takes to receive your order will be a combination of (1) the time it takes to process your order, i.e., the production time, and (2) the shipping time for the shipping level that you choose. The production time for a specific product will generally be listed on the product page. If no production time is listed, then our standard processing time is 7-10 business days. You will need to add your estimated shipping time to the production time in order to estimate the time it will take to receive your order. If you have dated or time sensitive material, or a deadline to meet, please make sure leave plenty of time to receive your order and/or do not rely on UPS Ground delivery. If you have any questions, contact your Service Provider (their contact information is provided each time you place an order) and they will be happy to provide you with an estimated delivery date.
We can ship to destinations outside of the United States; however, it may be necessary to separately estimate the shipping method and costs. You may be able to enter the destination into your order to receive an estimate of the shipping costs, but you will need to contact UPS to receive an estimate of the shipping time involved. All pricing for international shipments is in U.S. dollars. Our pricing includes product and shipping costs only; customs duties and other costs incurred as a result of international shipping are in addition to our costs and must be paid by the customer. We reserve the right to refuse to ship to certain international locations. While we will use commercially reasonable efforts to print your order at a location that minimizes shipping time and costs, however, we must reserve the right produce your order at the production site of our choice. For example, our production capacity may be impacted by equipment failure, natural disasters, weather, or order volumes.
In order to keep our costs down and provide the most competitive pricing our shipping process does not allow us to aggregate or combine multiple print orders for shipping purposes. Generally, each discrete product ordered will be shipped separately, will require a separate shipping charge, will have its own estimated shipping time, and may arrive on a different date to other products you have ordered, even if they are ordered at the same time. If you are ordering multiple products it is possible that these may also require different production sites and the estimated shipping time may vary for each separate product. If you are ordering a specially priced package of products (when available), there will be only one shipping charge incurred, however, the individual products may be shipped separately and arrive at different times. If the receipt of multiple products is time sensitive please plan accordingly as we cannot guaranty that multiple product orders will be received on the same delivery date. Orders that exceed size or weight limitations for the selected delivery level may be divided into multiple boxes. Your order confirmation and/or product tracking information should reflect the number of boxes you can expect. If an order is shipped in more than one box, it is possible that the boxes may arrive at different times.
Because UPS does not ship to a Post Office box, it is your responsibility to verify that an actual street address has been entered, and that it is the correct and accurate address (including zip code) for your delivery. We strongly recommend that you include a telephone contact number in your shipping information. ArtArena is not responsible for any delays, losses or increased delivery charges caused by mistaken or incorrect delivery addresses. Please verify that your payment information has been correctly entered. Shipments may be delayed because of improper credit card information and ArtArena is not responsible for any delay or loss associated with this.
Holidays and weekends may affect and delay your shipping times. Please take holidays and weekends into account when estimating your package delivery time.
If a package shipped by us is not delivered due to a customer refusal (which would include a failure to pick up the package from UPS, if applicable) or an error made by the customer, e.g. an incorrect shipping address, we may cause the package to be reshipped (with the corrected address if applicable). There will be an additional shipping fee charged for this reshipment. Additional fees may also be incurred if UPS is not able to deliver your package as originally addressed and/or for return fees. Even if you decline to have a product reshipped, you will continue to be responsible for the product cost, original shipping and any additional fees incurred as a result of the product being returned you consent to these fees being charged against the credit card used for the transaction.
ArtArena will make every effort to adhere to the estimated shipping schedule and delivery date for your order. However, equipment failures, technical problems, shipping delays and other problems beyond our control may delay the printing and delivery process. Under such circumstances expedited shipping fees may be waived or refunded as applicable, however, such delays are not grounds for cancellation of an order. By placing an order with ArtArena you are agreeing that we are not responsible or liable for, and no refund, cancellation or credit will be due as a result of shipping company delays, acts of God, weather conditions, environmental or dangerous goods incidents, perils of the air, public enemies, public authorities acting with actual or apparent authority, acts or omissions of customs officials, authority of law, quarantine, riots, strikes, work stoppages or slowdowns, or other labor disputes or disturbances, civil commotions or hazards incident to a state of war, local or national disruptions in ground or air transportation networks or systems due to events beyond our control, disruption or failure of communication and information systems, disruption or failure of utilities, international customs issues, any other circumstances that are beyond our direct control.
Please take note that if you choose a residential address as your delivery address UPS will typically not require a signature at the time of delivery and the package may be left at the address. If you require a delivery signature, please contact your Service Provider.
You agree to be subject to and to conduct yourself in accordance with this Use Agreement.
You are responsible for all of your Content you upload, download, and otherwise copy, distribute and display using the website.
You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display.
Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
You agree not to use the Website:
for any unlawful purposes;
to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
to upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, ArtArena or to facilitate the unlawful distribution of copyrighted content or illegal content;
to harm anyone including minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13;
to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;
to upload, post, or otherwise transmit any material which is likely to cause harm to ArtArena or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the website which may cause any defect, error, malfunction or corruption to the website;
for any commercial purpose, except as expressly permitted under these Terms;
to sell access to the website on any other website or to use the website on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog where the primary purpose is to display content from ArtArena by hyperlink and not to compete with ArtArena.
ArtArena has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although ArtArena does not and will not examine or otherwise review all Content submitted or transmitted to the Service, ArtArena may delete, move, and edit Content for any reason, at any time, without notice.
All Content (whether private or public) that is Processed on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.
By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.
ArtArena in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than ArtArena. Commercial activities in the form of paid advertising on the website are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Website without ArtArena's written approval. Any interactions with members of the website with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member.
ArtArena may, in its sole discretion terminate your account (of part thereof) or your use of the website, and remove and discard any Content at any time, for any reason, including: (i) conduct that violates this Use Agreement or other policies or guidelines set forth by ArtArena elsewhere, or (ii) conduct ArtArena believes is harmful to other ArtArena users, the business of ArtArena, or (iii) failure to maintain an active account. ArtArena will not be liable to you or any third-party for any termination of your access to the website.
MODIFICATION OF TERMS
ArtArena may amend this Use Agreement at any time, for any reason, and without notice, including the right to terminate the website or any part of the website. Any amendments or modifications made by ArtArena will be prospective only.
You specifically agree and acknowledge that you have, in addition to the terms of this Use Agreement, reviewed the terms of the License Agreement and Arttributor Agreement and any other agreements which may be incorporated by reference therein, and to the extent of their incorporation in this Use Agreement you agree to be bound by them.
ArtArena’s failure to insist upon or enforce strict performance of any provision of this Use Agreement shall not be construed as a waiver of any provision or right.
This Use Agreement is personal to you and is not assignable by you without ArtArena’s prior written consent. ArtArena may assign this Use Agreement without your consent to any other party so long as such party agrees to be bound by its terms.
You agree to pay and be responsible for any and all sales taxes, use taxes and duties imposed by any jurisdiction as a result of the license granted to you, or of your use of the Content, pursuant to this Agreement.
You acknowledge and agree that the benefit of certain provisions of this Use Agreement are expressed to be for the benefit not only of ArtArena, but also of the ArtArena Parties. You further acknowledge that each and any of the foregoing shall be entitled in its or their own right to require the due performance or observance by you of such provisions as aforesaid, and that to this end, and for these purposes only, ArtArena is entering into this Use Agreement not only in its own right, but also as agent and trustee for each of the ArtArena Parties.If any provision of this Use Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision will be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Use Agreement will be in no way affected or impaired.Any dispute regarding this Use Agreement will be governed by the laws of California, United States of America. The parties agree to accept the exclusive jurisdiction of the courts of California, regardless of conflicts of laws. This Use Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. In any dispute between ArtArena and you, ArtArena will be entitled to recover its reasonable attorneys’ fees, legal expert fees, and other legal expenses from you. You consent to service of any required notice or process upon you by registered mail or overnight courier with proof of delivery notice, addressed to the address or contact information provided by you at the time the Content was downloaded, or such other address as you may advise us in writing to use, from time to time.
Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be finally settled under the Rules of the American Arbitration Association by a single Arbitrator appointed in accordance with such rules. The arbitration shall take place in Los Angeles, California.
CONTACTIf you have concerns relating to this Use Agreement, please contact ArtArena at firstname.lastname@example.org.
This Agreement together with the Arttributor Agreement and License Agreement incorporate the entire understanding of the parties concerning the subject matter contained herein and merges all prior and contemporaneous communications. Any and all prior agreements, oral or written, between the parties concerning the subject matter contained herein are hereby terminated, superseded, and are of no further force or effect. No action of ArtArena, other than the express or written waiver or amendment, may be construed as a waiver or amendment of this Agreement. The headings and numbering will not be considered or given effect in construing this Use Agreement. This Use Agreement will not be interpreted against the party causing this Use Agreement to be drafted. The parties hereto confirm that it is their wish that this Use Agreement, as well as any other documents relating hereto, including notices, has been and will be written in the English language. The English language version of this Use Agreement will be used for interpretation of this Use Agreement, and any foreign language translations of this Use Agreement are provided by ArtArena solely for convenience.YOU ACKNOWLEDGE THAT YOU HAVE READ THIS USE AGREEMENT UNDERSTAND IT AND HAVE HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE PRIOR TO AGREEING TO IT. YOU AGREE THAT THIS USE AGREEMENT IS THE COMPLETE AND EXCLUSIVE STATEMENT BETWEEN YOU AND ARTARENA, AND THAT THIS USE AGREEMENT SUPERSEDES ANY PRIOR AGREEMENT, ORAL OR WRITTEN AND ANY OTHER COMMUNICATION BETWEEN YOU AND ARTARENA RELATING TO THE SUBJECT OF THIS USE AGREEMENT.