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Terms

 

 

Agreement Between User and Artify

The Artify Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Artify Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of the Artify Web Site may also be subject to additional terms outlined elsewhere on that website (the "Additional Terms").

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this "Site"). By accessing or using this Site, you agree to these terms of use, conditions and all applicable laws. If you do not agree to these terms you may not use this Site.

Modification of these terms of use

Artify reserves the right to change the terms, conditions, and notices under which the Artify Web Sites are offered, including but not limited any charges associated with the use of the Artify Web Sites. You are responsible for regularly reviewing these terms and conditions.

Use of site. Personal and non-commercial use limitation

Unless otherwise specified, the Artify Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Artify Web Sites.

You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own noncommercial use, or to place an order with Artify or to purchase Artify products. Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of Artify is strictly prohibited.

Harassment in any manner or form on the Site or any of the Artify Websites, including via email and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including an Artify employee, host, or representative or other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.

Misuse, fraud or misrepresentation in connection with Artify promotions or referral credit program

From time to time Artify may run promotions designed to attract new members or increase sales. In connection with these promotions, any person that receives credits, coupons, prizes or other benefits from Artify by using multiple user accounts or email addresses, using false names, impersonating others, or through the use of any other fraudulent or misleading conduct, shall forfeit any credits, coupons, prizes or benefits obtained through such means, and may be liable for civil and/or criminal penalties under applicable law.

Copyrights and trademarks

The entire content included in this Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the Australian and other copyright laws, and is the property of Artify. The collective work includes works that are licensed to Artify. All trademarks, service marks, and trade names (collectively the "Marks") are trademarks or registered trademarks of and are proprietary to Artify, or other respective owners that have granted Artify the right and license to use such Marks.

Notices and procedures for making claims of copyright infringement

Artify respects the intellectual property of others, and we ask our users and visitors to do the same. Artify will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Artify will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Artify the following information. Please be advised that to be effective, the Notification must include ALL of the following:

  • 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
  • 2. a description of the copyrighted work that you claim has been infringed;
  • 3. a description of where the material that you claim is infringing is located on the Site;
  • 4. your address, telephone number, and email address and all other information reasonably sufficient to permit Artify to contact you;
  • 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notices of claimed copyright infringement should be directed to:

By mail: 
Artify
Legal Division
59 Bluestone Circuit, 
Brisbane, Queensland, 4074

By email: info@artify.com.au
(Please include "Notice of Infringement" in the subject line.)

IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING ARTIFY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

Typographical errors

In the event a Artify product or service is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Artify shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Artify shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Artify shall issue a credit/refund to your credit card account in the amount of the incorrect price.

Term; termination

These terms and conditions are applicable to you upon your accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by Artify without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.

User participation

Artify does not and cannot review all communications and materials posted to or created by users accessing the Site and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Artify is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Artify reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Artify at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Artify in accordance with Artify' Privacy Policy.

User submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to this Site ("Communications") will be considered non-confidential and non-proprietary. Artify will have no obligations with respect to the Communications. Artify and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

User chat rooms

Artify may, but is not obligated to, monitor or review any areas on the Site where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. Artify, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.

Third-party links

In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Artify, Artify has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Artify. Artify has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Artify sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Artify seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Claims

Each claim or statement about the effectiveness of Artify products and/or each claim or statement comparing the effectiveness of Artify products to the effectiveness of other products is expressly limited to Australia, unless otherwise disclosed on the Site.

Disclaimer

Artify makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.

Artify does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Artify disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. Artify does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Artify does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.

Limitations of liability

In no event shall Artify be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if Artify has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.

Indemnification

You agree to indemnify, defend, and hold harmless Artify, its officers, directors, employees, agents, licensors and suppliers (collectively the "Provider") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligent or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Applicable laws

Your use of this Site shall be governed in all respects by the laws of Queensland, Australia, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Artify products) shall be in the state or federal courts located in Brisbane, Queensland, Australia. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Artify products) must be commenced within one (1) year after the claim or cause of action arises. Artify' failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Artify may assign its rights and duties under this Agreement to any party at any time without notice to you.

Artify makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Brisbane do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of Australian export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of Queensland, Australia.

Arbitration

By using this Site, you agree that Artify, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

General

Artify may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

TERMS & CONDITIONS – ARTIST

Rights License Contract – “Fine Art” Products: General Terms & Conditions

You hereby consent to the company ARTIFY PTY LTD doing business as “Artify”, a corporation organized and existing under the laws of Queensland, Australia, whose head office is located at 59 Bluestone Circuit, in the City of Seventeen Mile Rocks, Brisbane, 4073, referred to in the present agreement as “Artify”, the license of your rights to the ARTWORK SUBMITTED OR UPLOADED BY YOURSELF defined below, according to the following terms and conditions.

Rights licensed by the Artist to Artify, under the terms of this contract concern exclusively the exploitation of the Artwork on “Fine Art” Products including, without limitation, fine art prints, framed fine art print, stretched canvas, acrylic glass prints (i.e. aluminium, acrylic, wood, Plexiglas, Dibon and Diasec, etc).

To this end, the rights licensed by the Artist to Artify include the following:

The right to reproduce all or part of the Artwork on Fine Art Products in all media currently in existence or hereafter developed. The right to manufacture or have manufactured, distribute, market and promote reproductions of the Artwork on Fine Art Products through any marketing channel. The right to adapt, modify and correct the Artwork, through notably, but not limited to, cropping, retouching, color or format changing of the Artwork or appending the Artist’s signature to the Artwork, to take into account in particular technical, material or commercial constraints, or for any other reason. The right to represent and exhibit the Artwork as well as reproductions of it on “Fine Art” Products, for the purpose of selling, and / or promoting said Products, in any physical place and through all media of communication, of any nature, such as, but not limited to, communication networks including the Internet, mobile telephones, television broadcasting, cinema or posters. The right to broadcast the Artwork and make it available to the public as well as reproductions of it on “Fine Art” Products, created according to the terms described above.

The right to use reproductions and / or representations of the Artwork created according to the terms described above to promote Artify the publishing or marketing of the Artwork. All or part of the rights described above can be used directly by Artify, according to the terms and conditions that Artify deems the most appropriate.

Artwork Ownership: The ownership of the Artwork is to the Artist uploading. 

Duration of the license: The legal term of copyright protection.

Geographical scope of the license: Worldwide

Deleting and/or Removing Artwork: Should the Artist decide to delete/remove any artwork or their store entirely, this would remove the right for Artify to continue to create/sell reproductions of said Artwork or Store. 

Royalty: The percentage defined by Artify based upon the gross receipts actually collected by Artify less taxes, manufacturing costs and any applicable discounts or allowances. Artify reserves the right to adjust the selling price of Fine Art Products at any time to, for example, follow changes in currency conversion rates or for the purposes of sales promotion, global artist valuation, etc. Should the Product not be sold to the public directly by Artify, the percentage earned by the Artist will be based on Artify gross receipts for such sale less any applicable taxes, manufacturing costs, discounts or allowances.

Rendering of accounts and terms of payment: The calculation of the royalties that are due to the Artist will be sent to him / her by the appropriate means at the beginning of each month during which receipts from sales were collected. The payment of these royalties will be made by bank transfer or (Paypal) within twenty-one (21) days after the above calculation was sent.

Artist’s signature: The Artist’s signature, as he / she will send it to Artify, will be appended to each copy of the Artwork. Any failure on the part of Artify to append Artist’s signature will be promptly corrected upon notice but will not be considered a material breach of this Agreement.

Artist’s representations and warranties: The Artist warrants and represents that the Artwork is original and of Artist's own creation (or, alternatively, that Artist has secured all necessary rights and permissions); that the Artwork is not libellous or obscene, does not violate the rights of any kind of any third party, including but not limited to, copyright and privacy, that appropriate releases will be obtained for all persons and locations that appear in the Artwork and that Artist has the right, power and authority to grant Artify the rights herein conveyed and that the same rights have not been transferred or licensed to any third party. Artist agrees that if a Limited Edition print run is elected, that during the period of the Limited Edition print run that the print can only be sold exclusively by Artify. Artist agrees to release, indemnify and hold harmless Artify and its parents, subsidiaries, officers, directors, employees, licensees and agents from all claims, causes of action, damages, losses and liabilities, including attorney’s fees, arising out of or in connection with the use of the Artwork as authorized herein. In certain jurisdictions, a release will also be required for Artwork of dead celebrities. If Artist elects to use a different release, it must be reviewed and approved by Artify in advance.

Insurance: Artist will have in place general liability insurance coverage, errors and omissions liability coverage, workers compensation coverage and any additional coverage that may be appropriate under the circumstances. These policies will be primary with respect to any insurance carried by Artify.

Advertising and Promotion: Artist agrees that Artify has the right to use the Artwork and Artist's name, biography and likeness in connection with the publication, advertising and promotion of the Artwork and Artify.

Independent Contractor: Artist agrees that its relationship to Artify is that of independent contractor and that this Agreement does not create any employer - employee relationship.

Confidentiality: Artist agrees to keep confidential any confidential or proprietary information of which it becomes aware pertaining to Artify. This paragraph shall survive the termination or expiration of this Agreement.

Miscellaneous: This Agreement sets forth our entire understanding and may not be modified except in writing. Artify is not bound by any revisions to this form unless the revisions have been specifically agreed to and initialled by Artify. Artist may not assign this Agreement, in whole or in part, to any other party. This Agreement shall be construed in accordance with the laws of the Queensland, Australia, without regard to principles of conflicts of law. The parties consent and agree that all legal proceedings arising out of or relating to this Agreement will be exclusively maintained in either the federal or state courts in Brisbane, Queensland, Australia.

Agencies: If this Agreement is executed by an agent on Artist's behalf, such agent warrants that he or she has full authority from Artist to convey the rights granted, to make the representations contained herein and to obligate the Illustrator to the terms and conditions set forth herein.