Policy and Terms of Service
- ACCEPTANCE OF TERMS
Welcome to ArtPickle. You must read and agree to these terms and conditions before you may access or view our sites. Please read them carefully. By
visiting ArtPickle.com, you are agreeing to its terms. This Agreement
is subject to change at any time, and changes are effective upon posting.
ArtPickle reserves the right to update and change, from time to time,
these terms. You can always find the most recent version of this agreement
on this page.
this Agreement shall control. Unless otherwise explicitly stated, the
Terms will survive termination of your membership to the Service. If any
provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
MINORS MAY NOT BECOME MEMBERS. By becoming a Member, you represent and warrant that
you are at least 18 years old.
Your membership in the Service is for your sole, personal use. You may
not authorize others to use your membership, and you may not assign or
otherwise transfer your account to any other person or entity.
To become a Member you must register with us. In consideration of your
use of the Service, you agree to: provide true, accurate, current and
complete information about yourself as prompted by our registration form
and maintain and promptly update your Membership Profile accurate, current
and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, ArtPickle has the right to suspend or terminate
your account and your use of the site.
By becoming a Member, you represent and warrant that you are at least 18 years old, which is the minimum required age to become a Member. However, we cannot guarantee that each Member is at least the required minimum age, nor do we accept
responsibility or liability for any content, communication or other use
or access of the Site by persons under the age of 18 in violation of these
- PAYMENT TERMS
The credit card that you provide will automatically and immediately be
billed. All currency references are in U.S. dollars.
Payment occurs on a pre-pay basis and payment will be automatically renewed
at the end of the term. Your billing term will depend upon which subscription
plan you choose. For example, if you choose the yearly plan, you will
be billed every year on the anniversary date of your Registration
We take your privacy seriously. ArtPickle combines technical and physical safeguards with employee policies and procedures to
protect your information. We work to protect your credit card information during transmission by using Secure Sockets Layer (SSL)
software, which encrypts the information that you provide online at our credit card partner website.
As part of the registration process, you will be asked to enter an email address and select a password.
You are responsible for maintaining the confidentiality of the password and account, and are
fully responsible for all activities that occur under your password or
account. You agree to immediately notify ArtPickle of any unauthorized
use of your password or account or any other breach of security. ArtPickle
cannot and will not be liable for any loss or damage arising from your
failure to comply with this Section.
All information entered as part of your website will be public and should be treated by you as public information.
Never enter any information on your website that you do not was public.
- MEMBER CONDUCT
As a Member, you agree that:
You are solely responsible for the content or information you publish,
display or post on this site or transmit to other Members.
You will not post on or transmit to other Members or employees, any defamatory,
inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening,
harassing, racially offensive, or illegal material, or any material that
infringes or violates another party's rights (including, but not limited
to, intellectual property rights, and rights of privacy and publicity).
You will use the Service in a manner consistent with any and all applicable
laws and regulations.
You will not impersonate any person or entity.
You will not "stalk" or otherwise harass any person.
You will not engage in advertising to, or solicitation of, other Members to buy or sell any products or services through the Service. You will not transmit any chain letters, spam or junk email to other Members.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent.
You will not harvest or collect personal information about other Members
whether or not for commercial purposes, without their express consent.
You will not use any robot, spider, site search/retrieval application,
or other manual or automatic device or process to retrieve, index, "data
mine", or in any way reproduce or circumvent the navigational structure
or presentation of the Site or its contents.
You will not post, distribute or reproduce in any way any copyrighted
material, trademarks, or other proprietary information without obtaining
the prior consent of the owner of such proprietary rights.
You will not remove any copyright, trademark or other proprietary rights
notices contained in the Site.
You will not interfere with or disrupt the Services or the Site or the
servers or networks connected to the Services or the Site.
You will not post, email or otherwise transmit any material that contains
software viruses or any other computer code, files or programs designed
to interrupt, destroy or limit the functionality of any computer software
or hardware or telecommunications equipment.
You will not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any information transmitted through the Service.
You will not "frame" or "mirror" any part of the Site, without our prior
You will not modify, adapt, sublicense, translate, sell, reverse engineer,
decipher, decompile or otherwise disassemble any portion of the Site or
any software used on or for the Site or cause others to do so.
You are solely responsible for your interactions with other Members.
ArtPickle reserves the right, but has no obligation, to monitor disputes
between you and other Members. We do not exclude any liability for death
or personal injury due to our negligence.
We cannot guarantee that each Member is at least the required minimum age, nor do we accept responsibility or liability for any content, communication or other use or access of the Site by persons under the age of 18 in violation of these Terms.
You will not express or imply that any statements you make are endorsed by us, without our specific prior written consent
You agree to comply with all United States rules regarding online conduct and
You agree to comply with all applicable laws regarding the transmission
of technical data exported from the United States or the country in which
- CONTENT POSTED BY MEMBERS
You understand that you remain solely responsible for the content of the materials
you post in any area of the Service. ArtPickle reserves the right, but has no obligation, to monitor the materials posted in any area of the Service, and it is their sole discretion to refuse or move any Content that is available via the Service. You agree that
you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content.
You understand that by using the Service, you may be exposed to Content
that is offensive, indecent or objectionable. ArtPickle disclaims all
liability, regardless of the form of action, for the acts or omissions
of other Members or users (including unauthorized users, or "hackers")
of the Service.
It is possible for others to obtain personal information about you due
to your use of the Service, and that the recipient may use such information
to harass or injure you. ArtPickle is not responsible for the use of
any personal information that you may choose to disclose on the Service.
Please carefully select the type of information that you post on the Service
or release to others.
Under no circumstances will ArtPickle be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result of the use
of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You acknowledge and agree that ArtPickle may preserve Content and may
also disclose Content if required to do so by law or in the good faith
belief that such preservation or disclosure is reasonably necessary to
comply with legal process, respond to claims that any Content violates
the rights of third-parties, or protect the rights, property, or personal
safety of ArtPickle, its users and the public.
The personal information (including sensitive personal information) you
provide to us will be stored on computer. You consent to us using this
information to build up a profile of interests, preferences and browsing
The Site may contain links to other Internet Web sites or resources. ArtPickle
does not control nor endorse such other Web sites, nor have we reviewed
any content that appears on such other Web sites. You acknowledge and
agree that we shall not be held responsible for the legality, accuracy
or inappropriate nature of any content, advertising, products, services
or information located on or through any other Web sites or for the operation
or policies of any such websites, nor for any loss or damages caused or
alleged to have been caused by the use of or reliance on any such websites
or such content or other information.
You understand that the technical processing and transmission of the Service,
including your Content, may involve transmissions over various networks.
You agree to not use the Service to:
1) Post, email, transmit, upload or otherwise make available any Content
that is unlawful, harmful, threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous, invasive of another's privacy,
hateful, or racially, ethnically or otherwise objectionable
2) Impersonate any person or entity
3) Forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted through the Service;
4) Post, email, transmit, upload, or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, junk mail, spam, chain
letters, pyramid schemes, or any other form of solicitation
5) Post, email, transmit, upload, or otherwise make available any material
that contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
6) Interfere with or disrupt the Service or servers or networks connected
to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service;
You will defend, indemnify, and hold harmless ArtPickle, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable attorneys' fees) or other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement; (ii) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Site. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
In addition, ArtPickle disclaims all liability, regardless of the form of action, for the acts or omissions of other Members or
users (including unauthorized users, or hackers) of the Service.
- NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service,
use of the Service, or access to the Service.
- GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that ArtPickle may establish practices and limits concerning use
of the Service, including without limitation the maximum disk space that will
be allotted on our servers on your behalf, and the maximum number of times
(and the maximum duration for which) you may access the Service in a given
period of time.
You agree that ArtPickle has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that we reserve the right to log off accounts that are inactive for an
extended period of time. You further acknowledge that ArtPickle reserves
the right to change these general practices and limits at any time, in
its sole discretion, with or without notice.
- CONTINUATION AND MODIFICATIONS TO SERVICE
ArtPickle reserves the right at any time to modify or discontinue, temporarily or permanently,
the Service (or any part thereof) with or without notice. You agree that ArtPickle shall not be liable
to you or to any third party for any modification, suspension or discontinuance of the Service.
- TERMINATION AND CANCELLATION
Cancellation of Subscription Plans
Payments for subscriptions are non-refundable. If you cancel your subscription
before the end of the term for which you paid, your cancellation will
take effect at the end of that term. For example, if you subscribe to
the yearly plan, and you cancel after 15 days, you will still have the
service until the end of the yearly period.
You may cancel your subscription for a full refund without any penalty or obligation, at
any time prior to midnight of the seventh day following the date
of your subscription. To cancel your subscription, email a notice with your ArtPickle username and password.
shall be sent to:
If your credit card is invalid for any reason, your Services account
will be suspended or cancelled immediately and all the information contained
within it deleted permanently. ArtPickle accepts no liability for information
that is deleted due to an invalid credit card.
Either you or ArtPickle may terminate your membership at any time, for
any reason, effective upon sending notice to the other party.
All membership fees paid are nonrefundable. We reserve the right to immediately
suspend or terminate your access to the Service, without notice, upon
any breach of this Agreement by you. ArtPickle may, at its sole discretion,
terminate your account, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use
or if we believes that you have violated or acted inconsistently with
Terms of Service. This termination may be effected without prior notice,
and you acknowledge and agree that ArtPickle may immediately deactivate
or delete your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further, you
agree that ArtPickle shall not be liable to you or any third-party for
any termination of your access to the Service.
If ArtPickle terminates your membership because you have breached this
Agreement, you will not be entitled to any refund of any unused subscription
- PROPRIETARY RIGHTS
ArtPickle owns and retains other proprietary rights in the ArtPickle site
and service. The site contains the copyrighted material, trademarks, and
other proprietary information of ArtPickle and its licensors. Except
for that information which is in the public domain or for which you have
been given permission, you may not copy, modify, publish, transmit, distribute,
perform, display, or sell any such proprietary information.
By posting information or content to any area of ArtPickle.com, you
automatically grant, and you represent and warrant that you have the right
to grant, to ArtPickle and other Members an irrevocable, perpetual, non-exclusive,
fully-paid, worldwide license to use, copy, perform, display and distribute
such information and content and to prepare derivative works of, or incorporate
into other works, such information and content, and to grant and authorize
sublicenses of the foregoing.
- DISCLAIMER OF WARRANTY
ArtPickle PROVIDES THE SERVICE AND THE SITE ON AN "AS IS" BASIS AND GRANTS
NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, IN ANY COMMUNICATION
WITH ArtPickle OR ITS REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE
SERVICE OR THE SITE. ArtPickle SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
ARTPICKLE MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS,
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
- LIMITATION OF LIABILITY
IN NO EVENT WILL ARTPICKLE BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING,
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF DATA, LOSS OF PROGRAMS, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR SERVICE
INTERRUPTIONS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE OR THE SITE (EVEN IF ARTPICKLE OR ITS AGENTS OR
REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), OR TO ANY PERSON OTHER THAN YOU. NOTWITHSTANDING ANY
CONTRARY PROVISION HEREIN BUT SUBJECT TO THE FOREGOING LIMITATION ON LIABILITY, IN ALL EVENTS ARTPICKLE'S LIABILITY TO YOU FOR ANY
CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
TO ARTPICKLE FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
ARTPICKLE DOES NOT SCREEN THE MEMBERS REGISTERING TO THE ARTPICKLE SERVICE IN ANY WAY. AS A RESULT, ARTPICKLE WILL NOT
BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL AND/OR CONSEQUENTIAL, ARISING OUT OF THE USE OF THIS SERVICE, INCLUDING,
WITHOUT LIMITATION, TO DAMAGES ARISING OUT OF COMMUNICATING AND/OR MEETING WITH OTHER MEMBERS OF THIS SERVICE, OR INTRODUCED
TO YOU VIA THIS SERVICE. SUCH DAMAGES INCLUDE, WITHOUT LIMITATION, PHYSICAL DAMAGES, BODILY INJURY AND OR EMOTIONAL DISTRESS AND
- EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- TRADEMARK INFORMATION
ArtPickle is the trademark of ArtPickle. All other trademarks, logos, service marks, company or product names set
forth in this Website are the property of their respective owners.
- COPYRIGHT POLICY
ArtPickle respects the intellectual property of others, and we ask our Members
to do the same. If you believe that a copy of your work is available on
the Service without your consent or that a copyright infringement has
otherwise occurred, please supply us with the following information:
1) A description of the copyrighted work that you claim has been infringed
2) Details of where the infringing material is located on the Site;
3) Your address, telephone number and email address
4) A statement by you that you believe in good faith that the use of the
work on the Site is not authorized by the copyright owner or any person
entitled to act on their behalf or by law; and
5) An affidavit executed by you that the information you provide concerning
the copyright infringed is accurate and that you are the copyright owner
authorized to act on their behalf. Please deliver this information to:
2351 Sunset Blvd Suite 170 #257
Rocklin, CA 95765
To resolve a complaint regarding the ArtPickle service, you should first contact
ArtPickle Customer Support by clicking on the "Contact Us" button.
In California, you may also contact the
Complaint Assistance Unit
Division of Consumer Services
Department of Consumer Affairs
400 R Street, Suite 1080
Sacramento, CA 95814
- INVALIDITY OF SPECIFIC TERMS
If any provision of these additional terms or any document incorporated by reference is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the such documents remain in full force and effect.