2. Ability to Accept. By visiting or using the Site, you affirm that you are over eighteen (18) years of age.
3. Site Access and Use. We hereby grant you a limited license to access and use the Site subject to, and provided that you act in accordance with and comply at all times with, these Terms.
4. Site Restrictions. You agree at all times to comply with these Terms and applicable law and shall not: (i) copy, distribute or modify any part of the Site without our prior written authorization or as permitted herein; (ii) disassemble, reverse engineer, decompile, decrypt, or attempt to derive the source code of the Site; (iii) transmit or upload any content which contains software viruses, or other harmful computer code, files or programs; (iv) disrupt or overload servers or networks connected to the Site; (v) without our express permission, use or launch any automated system (including without limitation, "robots" and "spiders") to access the Site; (vi) collect or harvest any personally identifiable information (such as names or e-mail addresses) from the Site; (vii) circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site; (viii) use any communications systems provided by the Site to send unsolicited or unauthorized commercial communications; (ix) use the Site to invade the privacy rights of any Site user or third party; and/or (x) use the Site for any unlawful, harmful, irresponsible, or inappropriate purpose.
5. Account. In order to use certain services or features of the Site, you may have to create and register an account (an "Account"). "). The Site offers you the option of creating an Account by completing an online registration form or by linking to an account that you may have with Facebook or another designated third party website. If you create an Account, you must provide accurate and complete information for yourself. You are solely responsible for the activity that occurs in your Account, and you must notify Artfully Walls immediately of any unauthorized use of your Account. You may deactivate your Account at any time by sending an email request to firstname.lastname@example.org.
6. Intellectual Property Rights. %p 6.1. Ownership. Artfully Walls and its licensors retain all title, ownership rights and Intellectual Property Rights (defined below) in and to the Site (and its related software). All references in these Terms to the Site include: (i) the Content and Marks (defined below), (ii) its software, including the source and object code therein; and (iii) its tools and services. We reserve all rights not expressly granted herein to the Site. " Intellectual Property Rights" means any and all rights, title and interests in and to any and all trade secrets, patents, copyrights, service marks, trademarks, know-how, or similar intellectual property rights, as well as any and all moral rights, rights of privacy, publicity and similar rights of any type under the laws or regulations of any governmental, regulatory, or judicial authority, whether foreign or domestic. %p 6.2. Content and Marks. The (i) content on the Site, including without limitation, the text, information, documents, descriptions, products, software, graphics, Works (defined below), photos, sounds, videos and interactive features (collectively, "Materials"), (ii) User Submissions, as defined below (the Materials and User Submissions are collectively referred to herein as the "Content"), and (iii) the trademarks, service marks and logos contained therein ("Marks"), are the property of Artfully Walls and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties.
6.3. Use of Content and Marks. The Content and Marks on the Site are provided to you “as is” for your personal use only and may not be used, copied, distributed, transmitted, broadcast, displayed, sold, licensed, de-compiled, or otherwise exploited for any other purposes whatsoever without Artfully Walls' prior written consent. If you download or print a copy of the Content, you must retain all copyright and other proprietary notices contained therein. “Artfully Walls”, the Artfully Walls logo, and other marks are Marks of Artfully Walls or its affiliates. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.
8. User Submissions.
8.1. Description. The Site may permit the hosting, sharing, posting, and publishing of Materials by you and other users (" User Submissions"). Any references herein to User Submissions do not include works of art ("Works") submitted to Artfully Walls for the purpose of making print copies of such Works available for purchase via the Site and/or our Artfully Walls' mobile software application (the "App"). The terms applicable to any submission of Works by you shall be set forth in a separate agreement between you and Artfully Walls.
8.2. Responsibility and Ownership. You understand that whether or not your User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You shall be solely responsible for your User Submissions and the consequencesof posting orpublishing them. We have complete discretion whether to publish your User Submissions and we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove, delete, and/or remove any and all User Submissions at any time and for any reason (including without limitation for breach of these Terms). You represent and warrant that you own or have the necessary rights and permissions to use and authorize Artfully Walls to use all Intellectual Property Rights in and to your User Submissions, and to enable inclusion and use thereof as contemplated by the Site and these Terms. You retain all of your ownership rights in your User Submissions.
9. Prohibited Content. You agree that you will not send, display, post, submit, publish or transmit a User Submission that: (i) is unfair or deceptive under the consumer protection laws of any jurisdiction; (ii) 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; (iii) creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement; (iv) impersonates another person; (v) promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking; (vi) is unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise dishonest, inaccurate, inappropriate, malicious or fraudulent; (vii) constitutes an unauthorized commercial communication; (viii) contains the contact information or any personally identifiable information of any third party unless you have first obtained the express consent of said third party to include their contact information or personally identifiable information; and/or (ix) breaches these Terms.
10. Disclosure. We reserve the right to access, read, preserve, and disclose any User Submission or any other information that we obtain in connection with the Site as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process, subpoena or governmental request, (ii) enforce these Terms, including investigation of potential violations of it, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to your user support requests, or (v) protect the rights, property or safety of Artfully Walls, its users or the public.
11. Payments to Artfully Walls.
11.1. The Site is currently made available for free, but you may have the option to purchase certain features or Content by using the tools that we make available through the Site and/or App (each a "Purchase"). The prices for any such features and Content are displayed on the Site.
11.3. All amounts stated on the Site are in US Dollars unless another currency is stated. You shall be solely responsible for the reporting and payment of any and all taxes and charges arising from or imposed on payments made to you by Artfully Walls. We may withhold taxes from payments that we make to you if required by law, and you hereby authorize us to do so.
11.4. Please be aware that your use of the Site may require and utilize internet connection or, if you are accessing the Site from a mobile device, data access. To the extent that any third party service provider or carrier charges for your internet or data usage are applicable, you agree to be solely responsible for those charges.
13. Copyright and Content Policy. It is Artfully Walls' policy to respect the legitimate rights of copyright owners, and we will respond to clear notices of alleged copyright infringement in accordance with our Copyright and Content Policy which may be viewed at: www.artfullywalls.com/copyright_policy ("Copyright Notice").
14. Information Description. We attempt to be as accurate as possible. However, we cannot and do not warrant that the Content available on the Site is accurate, complete, reliable, current, or error-free. We reserve the right to make changes in or to the Content, or any part thereof, in our sole judgment, without the requirement of giving any notice prior to or after making such changes to the Content.
15. Warranty Disclaimers.
15.1. THE SITE AND ANY PRODUCTS (INCLUDING WITHOUT LIMITATION, ANY WORKS) AND/OR SERVICES PURCHASED VIA THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ARTFULLY WALLS DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE OR SAFE FROM SECURITY BREACHES OR THAT ARTFULLY WALLS WILL CORRECT ANY ERRORS ON THE SITE. YOU AGREE THAT ARTFULLY WALLS WILL NOT BE HELD RESPONSIBLE FOR ANY CONSEQUENCES TO YOU OR ANY THIRD PARTY THAT MAY RESULT FROM TECHNICAL PROBLEMS INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THE INTERNET (SUCH AS SLOW CONNECTIONS OR OVERLOAD OF OUR OR OTHER SERVERS) OR ANY TELECOMMUNICATIONS OR INTERNET PROVIDERS.
15.2. ARTFULLY WALLS DOES NOT WARRANT, ENDORSE OR GUARANTEE ANY CONTENT, PRODUCT, OR SERVICE THAT APPEARS IN A USER SUBMISSION OR THAT IS FEATURED OR ADVERTISED ON, OR FACILITATED VIA, THE SITE BY A THIRD PARTY. YOUR RELIANCE OR USE OF ANY SUCH CONTENT, PRODUCT OR SERVICE IS ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE THAT ARTFULLY WALLS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE CONDUCT (INCLUDING DEFAMATORY, OFFENSIVE, ILLEGAL, OR NEGLIGENT CONDUCT) OF ANY OTHER SITE USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTION WITH ANY OTHER SITE USERS. IF YOU HAVE A DISPUTE WITH ANY SUCH USER, YOU AGREE THAT ARTFULLY WALLS IS NOT LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF OR CONNECTED WITH SUCH A DISPUTE. ARTFULLY WALLS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR ANY SUCH DISPUTE.
15.4. YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE IS ENTIRELY, OR TO THE MAXIMUM PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
16. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ARTFULLY WALLS OR OUR AFFILIATES AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, ASSIGNS AND AGENTS, OR ANY DISTRIBUTOR, BE LIABLE FOR ANY LOSS OF MONEY, GOODWILL, REPUTATION, SPECIAL, INDIRECT, DIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT ARISE UNDER THESE TERMS OR THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, OR FROM YOUR PURCHASE OF ANY PRODUCTS (INCLUDING WITHOUT LIMITATION, ANY WORKS) AND/OR SERVICES VIA THE SITE, EVEN IF ARTFULLY WALLS OR ANY DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, AND WITHOUT LIMITING THE GENERALITY OF THIS SECTION TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ARTFULLY WALLS’ TOTAL AGGREGATE LIABILITY TO YOU FOR ALL DAMAGES AND LOSSES UNDER THESE TERMS, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE OR YOUR PURCHASE OF SAID PRODUCTS AND/OR SERVICES, SHALL NOT IN ANY CIRCUMSTANCE EXCEED THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO ARTFULLY WALLS FOR USING THE SITE WITHIN THE THREE (3) MONTHS PRECEDING THE DATE OF BRINGING A CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. %p 17. Indemnity. You agree to defend, indemnify and hold harmless Artfully Walls and our affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of, or inability to use, the Site; (ii) your violation of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) your User Submissions and interaction with another Site user or third party via the Site. Without derogating from or excusing your obligations under this section, Artfully Walls reserves the right (at its own expense), but is not under any obligation, to assume the exclusive defense and control of any matter which is subject to an indemnification by you. You agree not to settle any matter subject to an indemnification by you without first obtaining our express approval.
18. Term and Termination. These Terms is effective until terminated by Artfully Walls or you. We reserve the right, at any time, to: (i) discontinue or modify any aspect of the Site; and/or (ii) terminate these Terms and your use of the Site with or without cause, and we shall not be liable to you or any third party for any of the foregoing. If you object to any term or condition of these Terms or any subsequent modifications thereto, or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site. Upon termination of these Terms, you shall cease all use of the Site. This Section 18 and Sections 6 (Intellectual Property Rights), 8.3 (License to User Submissions), 12 (Privacy), 15 (Warranty Disclaimers), 16 (Limitation of Liability), 18 (Indemnity), 19 (Assignment), and 20 (General) shall survive any termination of these Terms.
19. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Artfully Walls without restriction or notification.
20. General. These Terms, and the relationship between you and Artfully Walls, shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws rules. You agree to submit to the personal and exclusive jurisdiction of the federal and states courts located in Tel Aviv-Jaffa, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. Notwithstanding the foregoing, Artfully Walls may seek injunctive relief in any court of competent jurisdiction. The Site Terms shall constitute the entire agreement between you and Artfully Walls concerning the Site. If any provision of the Site Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Site Terms, which shall remain in full force and effect. No waiver of any term of the Site Terms shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under the Site Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Last updated: July 1, 2013