Online Art Gallery for visual artists
 
 
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Policy and Terms of Service
 
  1. ACCEPTANCE OF TERMS
  2. 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.

    In the event of any conflict between the Privacy Policy and this Agreement, 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.

  3. REGISTRATION
  4. 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 Terms.

  5. PAYMENT TERMS
  6. 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

  7. PRIVACY
  8. 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.

  9. MEMBER CONDUCT
  10. 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 written authorization.

    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

  11. INTERNATIONAL
  12. You agree to comply with all United States rules regarding online conduct and acceptable Content.

    You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

  13. CONTENT POSTED BY MEMBERS
  14. 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 patterns

    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;

  15. INDEMNITY
  16. 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.

  17. NO RESALE OF SERVICE
  18. 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.

  19. GENERAL PRACTICES REGARDING USE AND STORAGE
  20. 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.

  21. CONTINUATION AND MODIFICATIONS TO SERVICE
  22. 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.

  23. TERMINATION AND CANCELLATION
  24. 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. This notice shall be sent to:

    Support@ArtPickle.com
    Subject: Cancellation

    Termination
    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 fees.

  25. PROPRIETARY RIGHTS
  26. 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.

  27. DISCLAIMER OF WARRANTY
  28. 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.

  29. LIMITATION OF LIABILITY
  30. 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 DISCOMFORT.

  31. EXCLUSIONS AND LIMITATIONS
  32. 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.

  33. TRADEMARK INFORMATION
  34. 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.

  35. COPYRIGHT POLICY
  36. 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:

    ArtPickle
    2351 Sunset Blvd Suite 170 #257
    Rocklin, CA 95765

  37. COMPLAINTS
  38. 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
    (800) 952-5210.

  39. INVALIDITY OF SPECIFIC TERMS
  40. 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.




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