Terms of Use

WELCOME TO ARTLOUPE! The following terms and conditions (the “Terms of Use”), together with any other policies they reference (e.g., the Privacy Policy), govern your access to and use of this website and its mobile application and all content, functionality and services offered by the mobile application or its Web sites (the “Site”) offered by ArtLoupe, Inc., a Missouri corporation (“ArtLoupe”).

Please read the Terms of Use carefully before you use the Site and periodically revisit the policy to ensure you are aware of the terms of your use of the application. BY USING OR ACCESSING THE SITE AND ITS FEATURES, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND THE PRIVACY POLICY, FOUND AT , INCORPORATED HEREIN BY THIS REFERENCE. If you do not agree to these Terms of Use or the Privacy Policy, do not use or access this Site.

IMPORTANT – READ CAREFULLY: This is a legal agreement between you and ArtLoupe. By clicking the “I accept the Terms of Use” button when you join ArtLoupe or create an ArtLoupe account, you agree to be and hereby are bound by the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you cannot create an ArtLoupe user profile or account, upload content or interact with ArtLoupe content or ArtLoupe users.

CHANGES TO THE TERMS OF USE

ArtLoupe reserves the right to revise and update these Terms of Use. All changes are effective immediately when revised Terms of Use are posted on the Site, and the changes apply to all access to and use of the application thereafter. However, any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on ArtLoupe.

Your continued use of ArtLoupe following the posting of revised Terms of Use serves as your agreement to the changes. You are expected to check this page periodically to remain aware of any changes, as they are binding on you.

ACCESSING THE WEB SITE AND ACCOUNT SECURITY

ArtLoupe or third parties granting rights to ArtLoupe hold all right, title, and interest in and to the materials on this website, which are the copyrighted work of ArtLoupe or such third parties. ArtLoupe grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer, mobile device, or service where media you own is stored only for purposes associated with your interaction with this Site. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter, or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. You have no right, title, or interest (and no copyright, trademark or other intellectual property right) in or to the website or any materials and you agree not to “frame” or “mirror” the website, any material contained on or accessible from this website on any other server or Internet-based device without the advanced written authorization of ArtLoupe.

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.
  • Ensuring that all persons who access the Site through your internet connection and/or your ArtLoupe account are aware of these Terms of Use and the Privacy Policy and comply with them.

To access the application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of ArtLoupe that all the information you provide is correct, current and complete. You agree that all information you provide to register with or use the Site or otherwise, including but not limited to through the use of any interactive features in the application, is governed by these Terms of Use and the Privacy Policy [], and you consent to all actions taken with respect to your information consistent with these Terms of Use and the Privacy Policy.
The user name and password assigned to you as part of ArtLoupe’s 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 has the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in its sole discretion for any or no reason, including if, in its opinion, you have violated any provision of these Terms of Use.

BILLING

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.

PROHIBITED USES

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

  •  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 send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
  • 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.

USER MATERIAL

The Site may from time to time contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, share, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Material”) on or through the Site. All User Material must comply with the Content Standards set out in these Terms of Use.

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.

In connection with User Materials, you further agree that you will not: (i) submit, share, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit, share, or post material that is unlawful, obscene, abusive, defamatory, libelous, threatening, pornographic, sexually suggestive, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) create or submit unwanted email (“Spam”); or (vi) impersonate another person. We do not endorse any User Materials or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with any User Materials. We do not permit copyright infringing activities and infringement of intellectual property rights in connection with the Services, and we will remove all Content and User Materials if properly notified that such Content or User Materials infringes on another’s intellectual property rights. We may terminate your access to the website if you are determined to be a repeat infringer. A repeat infringer is anyone who has been notified of infringing activity more than once and/or has had any User Materials removed from the website more than twice. We also reserve the right to decide whether Content or User Materials is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. We may remove such User Materials and/or terminate your access for uploading such material in violation of these Terms of Use at any time, without prior notice and at our sole discretion. If we terminate your access to this website or your account or otherwise deactivate your account, your User Materials will no longer be accessible through your account but your User Materials might continue to appear on this website.

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.
  • All of your User Material does and will comply with these Terms of Use.

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.

CONTENT STANDARDS

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.
  • Violate the legal rights including the rights of publicity and privacy of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and the Privacy Policy [].
  • 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.

PRIVACY

ArtLoupe’s Privacy Policy is available at []. Except as otherwise may be described in our Privacy Policy, the User Material you provide is not confidential and we will not be liable for any use or disclosure of User Material. You acknowledge and agree that your relationship with ArtLoupe is a confidential, fiduciary, or other type of special relationship, and that your decision to submit, share, or post User Material does not place ArtLoupe in a position that is any different from the position held by members of the general public.

REWARDS

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.

BLOGS

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.

REGISTRATION

You may view User Material on the website without registering, but as a condition of using certain aspects of the website, you may be required to register with ArtLoupe and select a screen name (“User ID“) and password. You shall not create an account for anyone other than yourself. You shall not create an account through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper. You shall provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your account. You shall not use as a User ID, domain name, or project name any name or term that (i) is the name of another person, with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is offensive, vulgar, or obscene. ArtLoupe reserves the right in its sole discretion to refuse registration of or cancel a User ID, domain name, and project name. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the website secret and secure. You shall never use another user’s account without the other user’s express permission. You will immediately notify ArtLoupe in writing of any unauthorized use of your account, or other known account-related security breach.

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.
  • Take any action with respect to any User Material deemed necessary or appropriate in its sole discretion, including without limitation such User Material deemed to (i) violate the Terms of Use, including the Content Standards, (ii) infringe upon any intellectual property right or other right of any person or entity, or (iii) threaten the personal safety of users of the Site or the public or could create liability for ArtLoupe.
  • 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.
  • Terminate or suspend your access to all or part of the application or the Site for any or no reason, including without limitation, any violation of these Terms of Use.

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.

COPYRIGHT INFRINGEMENT

If you believe that any User Material violates your copyright, please notify ArtLoupe at . It is within ArtLoupe’s 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

All information collected through this application is subject to the Privacy Policy []. By using the Site, you consent to all actions taken by ArtLoupe with respect to your information in compliance with the Privacy Policy.

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 Site’s homepage, provided you do so in a way that is fair and legal and does not damage ArtLoupe’s or ArtLoupe’s 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.
  • Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

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 party’s sole discretion.

TRADEMARKS AND IMAGES

The trademarks, logos, and service marks, including those products denoted with TM or ®, as well as pictures, graphs, or photographs of products, persons, or other objects (collectively, the “Trademarks and/or Images”) displayed on this website are registered and unregistered trademarks of ArtLoupe, its affiliates, and third parties. If a Trademark and/or Image is owned by a third party, ArtLoupe or its affiliate has obtained permission from such third party to use the third party Trademark and/or Image on this website. Nothing contained in this website should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to the Trademarks and/or Images without the express written permission of ArtLoupe, its affiliate, or the applicable third party. Your misuse of the Trademarks and/or Images on the website and in its contents, except as provided in these Terms of Use, is strictly prohibited. You are advised that ArtLoupe will aggressively enforce its own intellectual property rights in the website and its contents to the fullest extent of the law, including by seeking criminal sanctions.

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.

INDEMNIFICATION

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

All matters relating to this Site, ArtLoupe, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or any other jurisdiction).

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.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

WAIVER AND SEVERABILITY

No waiver by ArtLoupe of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ArtLoupe to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use and the Privacy Policy constitute the entire agreement between you and ArtLoupe with respect to your use of the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Site.

YOUR COMMENTS AND CONCERNS

Please send any comments, questions, or concerns to .

 

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