ACCESSING THE WEB SITE AND ACCOUNT SECURITY
ArtLoupe reserves the right to withdraw or amend the Site, and any service or material provided through the application or the Site, in its sole discretion and without notice to users. ArtLoupe will not be liable if for any reason all or any part of the application or the Site is unavailable at any time or for any period. At times, ArtLoupe may restrict access to some parts of the Site, or the entire Site, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Site.
The user name and password assigned to you as part of ArtLoupes security procedures should be treated as confidential, and you should not disclose that information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this application or portions of it using your user name, password or other security information. You agree to notify ArtLoupe immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or mobile device so that others are not able to view or record your password or other personal information.
ArtLoupe charges a transaction fee to process your order, which is a percentage of the price or the item or items you purchase on or sell via the Site (Transaction Fee). ArtLoupe reserves the right to change its billing procedures, and changes to the procedure will become effective after ArtLoupe posts notice of the changes and the date on which the new policy goes into effect. In the event that ArtLoupe hosts a temporary promotion, it may change its billing procedures without notice.
Users are responsible for the payment of all fees related to the use of the Site, even if the user closes his or her ArtLoupe account. Users agree to provide valid credit card information, and agree, if and when applicable, to replace the information for any credit card that expires with information for a different valid credit card. Any users making payment with a credit card represents and warrants that he or she is authorized to use that credit card, and that any and all charges may be billed to that credit card and will not be rejected. If, for some reason, your credit card order cannot be processed, ArtLoupe reserves the right to suspend your account until your payment can be processed.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any junk mail, chain letter or spam or any other similar solicitation.
- To impersonate or attempt to impersonate ArtLoupe, its employees, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To post or otherwise circulate any defamatory statements about other users or artists.
- To copy any of the images, artwork, software, or text for any personal or commercial use other than uses provided for in the application.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of ArtLoupe, or which, as determined by us, may harm ArtLoupe or its users or expose either or both to liability.
Additionally, you agree not to:
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party use of the Site, including their ability to engage in real time activities through the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Site.
ArtLoupe respects the content, creativity and ownership of the works of art created by its contributing artists. ArtLoupe does not claim ownership of any User Materials that you post on the website. Instead, by posting User Materials to any part of this website, you automatically grant, and you represent and warrant that you have the right to grant to ArtLoupe an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Materials for any purpose, commercial, advertising, or otherwise, on or in connection with this website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Materials, and to grant and authorize sublicenses of the foregoing. When you post images to the website, you authorize and direct ArtLoupe to make such copies thereof as ArtLoupe deems necessary in order to facilitate the posting and storage of the User Materials on the website. The website might be supported by advertising revenue and might display advertisements and promotions, and you hereby agree that ArtLoupe may place such advertising and promotions on the website or on, about, or in conjunction with your User Materials. The manner, mode, and extent of such advertising and promotions are subject to change without us giving any notice to you. You further acknowledge that we might not always identify paid services, sponsored User Materials, or commercial communications as such. ArtLoupe reserves the right to modify, translate, republish, reproduce, and/or distribute any and all User Materials submitted, posted, or shared through the website. Notwithstanding the license and access that is granted to ArtLoupe hereunder, other users of the site are not permitted to copy, modify, republish, reproduce or distribute any User Materials submitted, posted, or shared by you without your permission because you retain the ownership rights to your User Materials.
CREATING AN ACCOUNT; UPLOADING ARTWORK AND USER MATERIALS
To join ArtLoupe or create an ArtLoupe account and buy and sell art, you must be at least 13 years old. You will be required to establish a user account by creating a User ID and password or using the sign-in feature. Your User Material must be your original work and you cannot have received compensation for submitting, sharing, or posting your User Material on this website. You acknowledge that you have the right to submit, share, or post your User Material. You can make a submission to sell art on the website at any time, multiple times. You may withdraw or delete your submission after you post it to the website as long as you maintain an active user account. Any User Material you post to the Site will be considered non-confidential and non-proprietary.
You represent and warrant that:
- You own or control all rights in and to the User Material and have the right to grant the License.
- All User Material you post represents your authentic work.
You understand and acknowledge that you are responsible for any User Material you submit, share, post or contribute, and you, not ArtLoupe, have and will maintain full responsibility for such User Material, including its legality, reliability, accuracy and appropriateness.
Just as ArtLoupe respects the artwork and content created by its users, each user is expected to show respect for the copyrights of fellow and contributing artists. As such, you may not post User Material on the website that you did not create or that you do not have permission to post. Users and other third parties may transmit or share User Material that you post by embedding User Material into other sites or otherwise share your post in which case your User Name or other identifying mark of the creator of the User Material should, but may not, remain visible in the thumbnail view. You understand that you are responsible to monitor your User Material and its use when shared, including but not limited to the management of copyright infringement of your User Material and ensuring attribution to the creator of the User Material. You understand that when you post User Material, you are solely responsible for adding any copyright statement or other restrictions of use of your post whether by use of a watermark or otherwise. You understand that ArtLoupe will not add any copyright statement to your post or any restrictions of use of your post whether by watermark or otherwise and that ArtLoupe will not be responsible for any loss or damages to you if you fail to properly copyright or otherwise protect your post. You understand and agree that ArtLoupe may, but is not obligated to, review the website and may delete or remove (without notice) any website content or User Material in its sole discretion, for any reason or no reason, including User Material that in the sole judgment of ArtLoupe violates this, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. ArtLoupe is not responsible, or liable to any third party, for the content, authenticity, accuracy or quality of any User Material posted by you or any other user of the application or the Site.
These content standards (the Content Standards) apply to any and all User Material and use of Interactive Services. User Material must in its entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Material must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression it emanates from or is endorsed by ArtLoupe or any other person or entity.
Rewards and prizes received from this website constitute taxable income for purposes of federal and state income tax. You are responsible for reporting such income to the appropriate tax authorities as well as paying any applicable tax on the income. By accepting any reward from this website, you agree to report and pay the taxes associated with such reward. Any rewards and prizes will be based on availability.
The opinions expressed by bloggers are theirs alone, and do not reflect the opinions of ArtLoupe or any agent or employee of ArtLoupe. ArtLoupe is not responsible for the accuracy of any of the information supplied by bloggers. ArtLoupe is not responsible for any offence caused inadvertently through interpretation of grammar, punctuation, or language. Bloggers must only use the English language.
SALES AND SHIPPING
If you list an item for sale, you warrant that you are legally entitled to sell the item and that you have accurately described and depicted the item for sale. ArtLoupe does not make any warranties for the items listed and sold through the Site.
Sales are binding on both the buyer and the seller. Sellers are obligated to accurately represent the items for sale, and buyers are obligated to thoroughly read and understand the descriptions of the items which they seek to purchase. Sellers may not charge excessive shipping and handling fees.
ArtLoupe and Seller shall not manipulate the sale price to attempt to evade the Transaction Fee due to ArtLoupe.
ArtLoupe reserves the right to, from time to time, enter into agreements and partnerships with third party shipping providers, and to require users to ship goods purchased or sold on the Site via one or more selected shipping providers.
MONITORING, ENFORCEMENT AND TERMINATION
ArtLoupe and its representatives and agents shall have the right to:
- Remove or refuse to post any User Material for any or no reason in its sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the application or the Site.
Without limiting the foregoing, ArtLoupe shall have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS ARTLOUPE, INC. AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
ArtLoupe cannot review all User Material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, ArtLoupe assumes no liability for any action, delay, or inaction regarding transmissions, communications or content provided by any user or third party. ArtLoupe shall have no liability or responsibility to anyone for performance, delay, or nonperformance of the activities described in this section.
If you believe that any User Material violates your copyright, please notify ArtLoupe at . It is within ArtLoupes discretion to terminate user accounts.
RELIANCE ON INFORMATION POSTED
The information presented on or through ArtLoupe is made available solely for your use of the Site. ArtLoupe does not warrant the accuracy, completeness or usefulness of this information or any of the material posted by ArtLoupe or its users. Any reliance you place on such information is strictly at your own risk. ArtLoupe disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor or user of the Site, or by anyone who may be informed of any of its contents.
The Site may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ArtLoupe. ArtLoupe is not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
CHANGES TO ARTLOUPE CONTENT
ArtLoupe may update the content available on ArtLoupe, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and ArtLoupe is under no obligation to update such material.
INFORMATION COLLECTED FROM ARTLOUPE USERS
Any information collected by sellers on the Site as part of a transaction may not be used for any purposes unrelated to the transaction for which the buyer presented the information, including but not limited to placement on personal or commercial mailing lists.
LINKING TO ARTLOUPE AND SOCIAL MEDIA FEATURES
You may link to the Sites homepage, provided you do so in a way that is fair and legal and does not damage ArtLoupes or ArtLoupes reputation or take advantage of the same, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement by ArtLoupe without express written consent.
ArtLoupe may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by the Site, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions the Site provides with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
You agree to cooperate with ArtLoupe in causing any unauthorized framing or linking immediately to cease. ArtLoupe reserves the right to withdraw linking permission without notice. ArtLoupe may disable all or any social media features and any links at any time without notice for any or no reason.
THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY WEBSITES
In your use of the Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or other users or sponsors of the Site or ArtLoupe. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty, or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party, including all payments and claims (of any kind or nature including claims of identity theft or unauthorized transactions) relating to payment therefor. You hereby acknowledge that payments are not being directly paid to ArtLoupe, but rather through a third party credit card processing agency. You agree that ArtLoupe has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party including but not limited to any third party credit card processing agency or any third party that accepts credit card, Paypal, or other types of payments from you.
ArtLoupe and its agents or representatives do not endorse or in any respect warrant any third party products or services by virtue of any advertisement, information, material or content referred to, or included on, or linked from or to the Site.
This Site may be linked to other websites on the World Wide Web that are not under the control of or maintained by ArtLoupe. Such links do not constitute an endorsement by ArtLoupe of any such websites. You acknowledge that ArtLoupe is providing these links to you only as a convenience, and you agree that ArtLoupe is not responsible for the content or links displayed on such websites to which you may be linked. Your interactions with organizations and/or individuals found on or through this Site, including the payment and delivery of goods or services, if any, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organizations and/or individuals.
You agree that ArtLoupe shall not be responsible or liable for any loss or damage incurred as a result of your dealings with any third party organizations or individuals, including, without limitation, loss or damage resulting from shipping goods via third party shipping providers. If there is a dispute between participants on this Site, or between users and any third party, you understand and agree that ArtLoupe is under no obligation to become involved. In the event that you have a dispute with one or more users, you hereby release, indemnify, and hold harmless ArtLoupe, its agents, employees, successors and assigns, from any and all liability associated with or resulting from such dispute.
INACCURACIES OR ERRORS
The User Material, descriptions, pictures and other representations of products, places, or other photographed content on this website may contain inaccuracies and errors. ArtLoupe does not make any warranty or representation with respect to the accuracy or completeness of any such information. Furthermore, the prices and availability of the cost to buy and sell artwork offered through this website may change without notice to you at any time in ArtLoupe’ or a third partys sole discretion.
TRADEMARKS AND IMAGES
DISCLAIMER OF WARRANTIES
You understand that ArtLoupe cannot and does not guarantee or warrant that files available for downloading from the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. ARTLOUPE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR MOBILE DEVICE, SOFTWARE, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THIS SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ARTLOUPE NOR ANY PERSON ASSOCIATED WITH ARTLOUPE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ARTLOUPE NOR ANYONE ASSOCIATED WITH ARTLOUPE REPRESENTS OR WARRANTS THAT THIS SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
ARTLOUPE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION ON LIABILITY
IN NO EVENT WILL ARTLOUPE, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, LICENSEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE APPLICATION, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE APPLICATION OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APPLICATION OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Submissions of art and unauthorized use of any materials contained on this website may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password. As such, you shall indemnify and hold ArtLoupe and its agents, employees, affiliates, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees) incurred in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this website or the use of this website by any person using your user name and/or password (including without limitation your participation in the posting areas or your submissions of artwork or comments relating to artwork) violates any applicable law or regulation, or the rights of any third party.
GOVERNING LAW, JURISDICTION AND RESOLUTION OF CLAIMS
ArtLoupe controls and operates ArtLoupe from its headquarters in the United States of America and makes no representation that the content, goods, or services are appropriate or will be available for use in other locations. Unless otherwise explicitly stated, all marketing or promotional materials found on this website are solely directed to individuals, companies, or other entities located in the United States of America. If you use this website from outside the United States of America, you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations.
WAIVER AND SEVERABILITY
YOUR COMMENTS AND CONCERNS
Please send any comments, questions, or concerns to .
© 2015. ArtLoupe, Inc. All rights reserved.