artistsimply.com

Terms and Conditions

Please read these Terms of Service (“Terms”) carefully. They contain the legal terms and conditions that govern your use of services provided to you by artist simply, including information, text, images, graphics, data or other materials (“Content”) and products and services provided through www.artistsimply.com. This Service is operated by artist simply is also referred to in these Terms as “we”, “our”, and “us”.

By using our Service, you agree to be bound by Section I of these Terms (“General Terms”), which contains provisions applicable to all users of our Service, including visitors to the artist simply website (the “Site”).

Section I: General Terms

  1. Availability

This Service is provided by artist simply on an “AS IS” and “AS AVAILABLE” basis and artist simply reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that artist simply is and will not be liable to you for any modification, suspension or discontinuance of the Service.

  1. Privacy

artist simply has a firm commitment to safeguarding your privacy. Please review artist simply’s Privacy Policy. The terms of artist simply’s privacy policy are incorporated into, and form a part of, these Terms.

  1. Trademarks

All brand, product and service names used in this Service which identify artist simply or third parties and their products and services are proprietary marks of artists simply and/or the relevant third parties. Nothing in this Service shall be deemed to confer on any person any license or right on the part of artist simply or any third party with respect to any such image, logo or name.

  1. Copyright

Artist simply does not allow others to post artwork on the site. All works submitted to artist simply will not post third party artwork without written permission of the artist in writing or proof of legal representation of the artist’s work.

artist simply is, unless otherwise stated, the owner of all copyright and data rights in the Service and its contents. Individuals who allow us to posted works to artist simply are either the copyright owners of the component parts of that work or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of artist simply or the appropriate owner of the copyright in such works. artist simply does not claim ownership rights in your works or other materials posted by artist simply (Your Content). You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functions on the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functions on the Service provided by us.

  1. Reporting Copyright Violations

artist simply respects the intellectual property rights of others and expects users of the Service to do the same. At artist simply’s discretion and in appropriate circumstances, artist simply may remove Your Content submitted to the Site, terminate the accounts of users or prevent access to the Site by users who infringe the intellectual property rights of others. If you believe the copyright in your work or in the work for which you act as an agent has been infringed through this Service, please contact artist simply ‘s agent for notice of claims of copyright infringement, Kurt Schmierer who can be reached through artistsimply@gmail.com. You must provide our agent with substantially the following information, which artist simply may then forward to the alleged infringer (see 17 U.S.C. 512 (c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please see artist simply ‘s Copyright Policy for further information and details.

  1. External Links

artist simply may provide links to third-party websites or resources. You acknowledge and agree that artist simply is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by artist simply of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

  1. Conduct

You agree that you shall not interfere with or disrupt (or attempt to interfere with or disrupt) this Service or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to artist simply that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose. artist simply does not endorse any content placed on the Service by third parties or any opinions or advice contained in such content. You agree to defend, indemnify, and hold harmless artist simply, its officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.

  1. Disclaimer of Warranty and Limitation of Liability

artist simply MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. artist simply DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. artist simply MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT artist simply IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, artist simply SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF artist simply HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS, AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL artist simply’s AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO DEVIANTART PURSUANT TO THIS AGREEMENT.

  1. Amendment of the Terms

We reserve the right to amend these Terms from time to time in our sole discretion. If you have registered as a member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to artist simply for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.

  1. General

These Terms constitute the entire agreement between artist simply and you with respect to your use of the Service. artist simply‘s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable. artist simply shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of artist simply. These Terms shall be governed by and construed in accordance with the laws of the State of Washington. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of Washington.

  1. Comments

If you have any comments or questions about the Service please contact us by email at artistsimply@gmail.com.

  1. Submitting Content

Artist Materials – As a registered member of the Service, you will also be granted the privilege of submitting certain types of Your Content, known as “Artist Materials,” for display on your user page. Prior to submitting Artist Materials, you must accept the additional terms and conditions of the Submission Policy, which is incorporated into, and forms a part of, the Terms.

  1. Copyright in Your Content

artist simply does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, you grant to artist simply a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content. Please note that uploaded Content, third parties will be able to copy, distribute and display your Content using readily available tools on their computers for this purpose although other than by linking to your Content on artist simply any use by a third party of your Content could violate paragraph 4 of these Terms and Conditions unless the third party receives permission from you by license.

  1. Commercial Activities

Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than artist simply. Commercial activities with respect to the arts are permitted for registered members acting as individuals, for small corporations or partnerships engaged primarily in art-related activities in which one or more of the principals is a registered member or for those seeking to retain the services or works of a registered member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without artist simply ‘s written approval. Any interactions with members of the Service with respect to commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other member. Paragraph 9, above, of these Terms of Service, specifically applies with respect to commercial activities.

  1. Suspension and Termination

You agree that artist simply may at any time, and without notice, suspend or terminate any part of the Service, or refuse to fulfill any order, or any part of any order or terminate your membership and delete any Content stored on the artist simply Site, in artist simply’s sole discretion, if you fail to comply with the Terms or applicable law.

  1. Print Program

As a member of the Service, you will also be granted the privilege of listing certain types of Artist Materials, known as “Artwork,” for sale through artist simply approved Shop. Visit https://www.artistsimply.com for additional details on the Print Program. Prior to submitting Artwork for sale, you must accept the additional terms and conditions of the Print Program Agreement, which is incorporated into, and forms a part of, the Terms.

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