Share:

ArtWiki Terms of Use

Welcome to the Art.com ArtWiki (“ArtWiki”), operated by Art.com, Inc. (“Art.com”). By accessing or using ArtWiki, you signify that you have read, understand and agree to be bound by these Terms of Use. In order to use ArtWiki, you must accept these Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time and without further notice. It is your responsibility to regularly check this page to determine if there have been changes to these Terms of Use and to review such changes. PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING BUT NOT LIMITED TO LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Registering an Account

In order to use certain portions of ArtWiki, you will need to first register an account. If you choose to register an account, in consideration of your use of ArtWiki, you agree to maintain the security of your password and identification and to be fully responsible for all use of your account and for any actions that take place through your account. By registering an account, you also acknowledge and agree to Art.com’s Privacy Policy. Art.com may terminate your account, delete your profile and any content or information that you have posted on ArtWiki and/or prohibit you from using or accessing ArtWiki for any reason, or no reason, at any time in its sole discretion, with or without notice.

ArtWiki is Not Available to Minors

ArtWiki is not available to persons under 13 years of age. By accepting these Terms of Use, you confirm that you are of legal age to form a binding contract with Art.com, or an emancipated minor, or have parental or legal guardian consent and are fully able and competent to enter into, and comply with, these Terms of Use. In any case, you confirm that you are over the age of 13, and acknowledge that ArtWiki is not intended for children under 13 years of age. You may not use ArtWiki and may not accept the Terms of Use if you by law are barred from using ArtWiki or accepting the Terms of Use.

You Must Adhere to ArtWiki’s User Content Guidelines

You agree that you will at all times comply with Art.com’s User Content Guidelines. In addition, you will be kind and respectful of other ArtWiki users, you will respect the privacy of other people, and you will not abuse, harass, threaten or intimidate other ArtWiki users.

    You further agree:

  • to only use the services in a manner consistent with these Terms of Use and in compliance with applicable laws and regulations;
  • to notify the company immediately in case of any unauthorized use of your account;
  • not to intentionally block, remove, or otherwise obstruct the proper functioning of ArtWiki;
  • not to upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, limit the functionality of, or enable unauthorized access to any computer software or hardware or telecommunications equipment;
  • not to use any robot, spider, scraper or other automated means to access ArtWiki for any purpose without our express written permission;
  • not to forge headers, or manipulate source identifiers or otherwise attempt to disguise the origin of any content made available via ArtWiki; and
  • not to: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of ArtWiki; or (iii) bypass any measures we may use to prevent or restrict access to ArtWiki, including robot exclusion headers.

Art.com May Use Content that You Submit

When you submit content to ArtWiki, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the content on ArtWiki. You also grant to Art.com a license to use, disclose, reproduce, modify, license, transfer and exploit for its purposes any content that you submit.

You Are Responsible for Your Content

You are solely responsible for the content that you provide, including but not limited to photos, profiles information, messages, search results edits, and other content that you upload, publish or display (hereinafter, “submit”) on or through ArtWiki, or transmit to or share with other users. You may not submit content to ArtWiki that you did not create or that you do not have permission to submit. You understand and agree that others may, but are not obligated to, edit, delete or remove (without notice) any content from ArtWiki, for any reason or no reason. You also represent and warrant that you own or have the necessary licenses, rights, releases, consents, and permissions to permit Art.com to copy, store, publish, display, distribute and otherwise exploit your content. ArtWiki is not and shall not function as an archive. We have no liability to you or any other person for loss, damage or destruction to your content.

You May Not Use Art.com Content

ArtWiki includes audio and/or visual content (including videos, photographs, music, graphics, logos, etc.), which has been licensed for use and exhibition herein from third parties (“Art.com Content”). You agree that you will not do, or attempt to do, any of the following:

  • download, redistribute, alter, delete or insert advertising or promotional materials within any Art.com Content;
  • use any Art.com Content for any purpose other than non-commercial, personal consumption and viewing of such Art.com Content;
  • attempt to circumvent, disable or otherwise interfere with security-related features of ArtWiki, including any features that prevent or restrict use or copying of any Art.com Content;
  • attempt to modify, enhance, edit, translate, adapt, alter, reverse engineer, decompile, disassemble, or create derivative works based upon any Art.com Content; or
  • attempt to license, transfer, convey or assign to any third party any rights to use or exhibit any Art.com Content, including to market, promote, display, re-distribute or re-transmit any Art.com Content.

Claims of Copyright Infringement

Claims of copyright infringement should be directed to our designated agent under the Digital Millennium Copyright Act: Attn: Legal Department 2100 Powell Street, 14th Floor Emeryville, CA 94608 You may email our agent at artwikiagent@art.com. Please include “Claim of copyright infringement” in the subject of your email.

Indemnification and Limitation of Art.com’s Liability

You agree to indemnify Art.com, its directors, employees, owners, agents, and users from any liability resulting from your use of ArtWiki or its content or other materials thereon or as a result of any content submitted to by you. In no event will Art.com, its directors, employees, owners, agents, or users be liable to you or any third party for any indirect, incidental, consequential, special or punitive damages, including lost profit, goodwill, or other loss, be it tangible or intangible, arising from your use of this service or any content or other materials thereon, even if Art.com has been advised or was otherwise aware of the possibility of such damage. Notwithstanding anything to the contrary contained herein, Art.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will be at all times limited to the amount actually paid by you, if any, to use the service, not to exceed one-thousand United States dollars. You further acknowledge that if you pay no fees to Art.com to use ArtWiki, you are limited to injunctive relief only, and are not entitled to damages from Art.com regardless of your cause of action. IN ADDITION, ART.COM DOES NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS, BE THEY EXPRESS OR IMPLIED; (B) THAT ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USER OF THE SERVICES WILL BE FREE OF ERROR, ACCURATE OR RELIABLE; OR (C) THAT ERRORS IN FUNCTIONALITY OR OPERATION OF THE SERVICES WILL BE CORRECTED.

Governing Law, Venue and Jurisdiction

By using ArtWiki, you agree and acknowledge that ArtWiki is hosted in the United States. If you are attempting to access ArtWiki from a physical location within the European Union, Asia or any other region with laws or regulations governing personal data collection, use and disclosure that differ from United States laws, please be advised that through your continued use of ArtWiki, you are transferring your personal information to the United States and you consent to (a) such transfer, (b) the application of that the laws of the State of California, without regard to principles of conflict of laws, which will govern these Terms of Use and any dispute of any sort that might arise between you and Art.com. You agree not to commence or prosecute any action in connection with your use of these Services other than in the state and federal courts of Alameda County, California, and you hereby consent to and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Alameda County, California.

Other Terms and Conditions

These Terms of Use, together with policies and guidelines referenced herein, constitute the whole agreement between you and Art.com regarding the use of ArtWiki. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be valid and enforceable in full force and effect. If Art.com does not exercise or enforce any right, remedy, or provision of these Terms of Use, this shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use shall be deemed unlawful by any magistrate of competent jurisdiction, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. To the extent that a translation of these Terms of Use differ from the English language version, the English language version controls. Date of Last Revision: June 04, 2014

Share: