TERMS OF SERVICE


Introdution

Welcome to ARTI (hereinafter referred to as “We” or “Our”). We are delighted and honored to be the focal point for world’s artists, buyers, sellers to sell, buy, trade, showcase or even just browse to enjoy beautiful artworks at our site. In order to serve art-lover community fairly and legally, we must adhere to government regulations with respect to copyright and intellectual property rights. Therefore, before you use our services, please read the Terms of Service carefully. By using our services, you agree that you have read, understand and shall comply with all terms and conditions stipulated in the Terms of Service whether or not you have registered with our site.

“You” in the Terms of Service shall mean you individual and you represent and warrant that you are at least 18 years of age. If you accept or agree to the Terms of Service on behalf of a company or other legal entity, you shall represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Revisions: Terms of Service

ARTI shall reserve the right at any time, at its sole discretion, to revise, amend, or terminate the Services without prior notice. If we revise these Terms of Service, we shall post the revision on the Services or provide you with notice. We shall also update the “Last Updated Date”. You shall agree that by continuing to use our Services after we have made announcement of the revision in our site or have notified the revision, it will constitute your agreement to continually be bound by the revised Terms. If you disagree with the revised terms, you shall stop using the Services.  We encourage you to check back regularly to review these Terms.

In addition, ARTI shall reserve the right to change the URL, restrict or block access to the Services without prior notice. ARTI shall also reserve the right at any time to remove or revise Original Art works, Digital Works, ARTI Content or Member Content from the Services without prior notice, including the removal of any art works that we believe to be inappropriate, lewd, filthy, pornographic, racist, harassing, or otherwise objectionable. We reserve the right to correct any typographical errors, misrepresentations, inaccuracies or omissions, and to change or update information at any time without prior notice. ARTI shall undertake no obligation to update, amend or clarify information in the Services except as required by prevailing laws or regulations.

Indemnity

You shall agree to indemnify and hold ARTI, its directors, officers, employees, subsidiaries including our agents harmless from any and claims, damages, liabilities, losses, expenses including but not necessary limited to, attorneys’ fees and other professional fees arising from your Content or your use of the ARTI Services, including without limitation, your sale of any Products; your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights; your breach of these Terms or anyone using your account’s breach of these Terms. You shall not settle any claim in any manner that binds ARTI. ARTI may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply such amounts to the resolution of such claim.

Limitation of Liability

You shall agree that the entire risk as of results of our services and your access to our services remains with you. Neither ARTI nor any other party involved in creating, producing, or delivering the Services, ARTI Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, ARTI content or Member Content, or from any communications, interactions or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort, negligence, product liability or any other legal theory, and whether or not ARTI has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Proprietary Rights

All trademarks, service marks, logos, trade names and any other proprietary designations of ARTI used herein are trademarks or registered trademarks of or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

If you use any of our trademarks in reference to our products or services, you shall include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You shall not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services.

Copyright & Intellectual Property

You acknowledge and agree that all images, pictures, information, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the ARTI Services (“Content”), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights. ARTI adheres to copyright law with zero tolerances. It is ARTI’s policy to terminate Membership or other Account holders who infringe the rights of copyright holders.

You further acknowledge and agree that you will be exposed to Content from a variety of ARTI users at your own risk. ARTI does not prescreen or evaluate Content or Products and is not responsible for examining or evaluating any Content or Products offered through the ARTI Services, including but not limited to their accuracy, usefulness, or safety, or determination of the party offering the Content or Products for sale has obtained all required rights to do so. While every effort has been made, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further acknowledge and agree that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. You hereby waive any legal or equitable rights or remedies you have or may have against ARTI with respect to any activities, content, products, actions or inactions of any third party in connection with the ARTI services, including but not limited to any illegal, defamatory, offensive, or unauthorized conduct by any of the ARTI services’ users.

Member Content

ARTI does not claim any ownership in any Member Content. “Member Content” excludes any images of Original Works of Art or Digital Works for which a Member submits a listing, as described under “Seller Terms and Conditions” above. The Terms of Service shall not in any way be deemed to restrict or prohibit any rights that a Member may have to exercise any such Member Content. You hereby grant ARTI and its affiliates a worldwide, royalty-free, commission-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, crop, resize, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your Products, and providing the other ARTI Services to you. You grant directly to other Members the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.

Online Sales

Sales of Artwork by you will be further detailed in ARTI’s License Agreement between you and ARTI.

You are solely responsible for all your content that you make available and all products you offer for sale through the ARTI services, including without limitation, that you own or have obtained all required intellectual property and other rights in your content, including without limitation, the right to manufacture, distribute and sell products that include your content

You hereby certify that:

  1. You own all intellectual property rights in your Content, or you have obtained all copyrights, trademark, and other required rights for you to make your Content available through the ARTI Services. You further certify that you grant ARTI the rights to manufacture, distribute and sell Products that include your Content.
  2. Your Content does not and will not infringe the intellectual property or other rights of any person or entity, including but not necessarily limited to any copyright, moral rights, trademark, patent, right of publicity or right of privacy.
  3. You will review and comply with these Terms, the Privacy Policy, policies, procedures, all applicable laws, rules, and regulations that ARTI may publish from time to time.
  4. Your Content does not contain material that is false, misleading, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable.

 

ARTI reserves the right to prescreen your Content, to review and remove your Content from the Site, to suspend or cancel your account, and to cancel the ARTI Services provided to you at any time in its sole discretion. ARTI has a zero-tolerance policy for intellectual property infringement. If you submit Content or offer Products for sale that ARTI, in its sole discretion, believes may infringe another party’s intellectual property rights, ARTI may immediately terminate your account.

ARTI Content

ARTI may also make available through the Services graphics, audio, video, text, and images of artworks (collectively, “ARTI Content”), some of which is owned by ARTI, and some of which is made available under license by a third party (“ARTI-licensed Content”). ARTI authorizes you to download, view and print ARTI-owned Content” solely for your personal use and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For ARTI-licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such ARTI-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by ARTI or its licensors, except for the licenses and rights expressly granted in these Terms.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that ARTI is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply endorsement by ARTI of resources or the content, products, or services available from such websites or resources.

Privacy

We are committed to respecting your privacy rights by keeping your personal data in strict compliance with applicable law. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications.

Account Registration

You must first create an account with us to upload content or products through ARTI services, whether for sale or not. You must give accurate, up-to-date, true, and complete information in the registration. You agree that you will update such information to keep it accurate and complete. You are solely responsible for all the activity that occurs through your account. Although ARTI will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ARTI or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. ARTI reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.

Account Information

You acknowledge and agree that ARTI may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to your requests for customer service; or protect the rights, property or personal safety of ARTI, its users or the public.

Fees and Services

Our prices for our services shall be fixed as stipulated in our published Price List. The prices exclude prevailing taxes and sales tax. You shall be responsible for any taxes that are required by law. We may at our own discretion to reduce our prices transiently for promotional purposes. Our Price List may be changed by giving 14 (fourteen) days prior notice. In no event that you will be charged for access to our Services prior to your agreement to pay such charges.

Termination and Account Cancellation

If you breach any of these Terms, ARTI shall have the right to suspend or disable your Account or terminate these Terms at its sole discretion and without prior notice to you. ARTI reserves the right to revoke your access to and use of the Services, ARTI Content and Member Content at any time, with or without cause. In the event ARTI terminates these Terms, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to arti@arti.id

Settlement of Disputes

Any dispute or differences arising out of the Agreement which cannot be settled amicably settled between the user and ARTI shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by the one or more arbitrators appointed thereunder and shall take place in Jakarta. The resulting award shall be final and binding on the parties and shall be in lieu of any other remedy.

General Prohibitions

You shall not do, undertake, perform unlawful acts including but not necessary be limited to the following:

  1. Use, mirror or frame the Services, or any individual element within the Services, ARTI’s name, any ARTI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ARTI’s express written consent;
  2. Access, tamper with, or use non-public areas of the Services, ARTI’s computer systems or network, or the technical delivery systems of ARTI’s providers;
  3. Attempt to probe, scan or test the vulnerability of any ARTI system or network or breach any security or authentication measures;
  4. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
  5. Upload, publish, or transmit any text, graphics, images, software, music, audio, video, or other material that infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;  is violent or threatening or promotes violence or actions that are threatening to any other person; promotes illegal or harmful activities.
  6. Use any meta tags or other hidden text or metadata utilizing ARTI trademark, logo URL or product name without ARTI’s express written approval;
  7. Use Services, ARTI Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
  8. Decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services, ARTI Content or Member Content;
  9. Interfere with the access of any user, host or network, including but not necessary limited to sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
  10. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
  11. Violate any applicable law or regulation.

 

ARTI has no obligation to monitor your access or use of the Services or to remove any Member Content but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. ARTI reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Limited Edition Prints, ARTI Content or any other text, graphics, images, software, music, audio, video, information or other content or material that ARTI, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Services.

Disclaimers

The services, ARTI content and member content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, ARTI explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. ARTI makes no warranty that the site, services, ARTI content or member content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. ARTI makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the site or services.

No advice or information, whether oral or written, obtained from ARTI or through the site or services, will create any warranty not expressly made herein. No action should be taken, or purchase made based upon any of the information contained in the services. You should seek independent advice from a professional and/or a person who is knowledgeable in the applicable area before acting upon any opinion, advice, or information contained in the services.

You are solely responsible for all your communications and interactions with other members or users of the services and with other persons with whom you communicate or interact as a result of your use of the services. You understand that, except as expressly set forth in these terms, ARTI does not screen or inquire into the background of members or other users of the services, nor does ARTI make any attempt to verify the statements of any members or users of the services. ARTI makes no representations or warranties as to the conduct of users of the services. You agree to take reasonable precautions in all communications and interactions with other members or users of the services and with other persons with whom you communicate or interact as a result of your use of the services, particularly if you decide to meet offline or in person.