Last updated: November 29, 2019
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://artconomy.com/ website (the "Service") operated by Artconomy ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, and non-fraudulent at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Artconomy.
Artconomy has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Artconomy shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Intellectual Property
Artconomy is a publicly accessible platform where users may upload content. We cannot prevent all instances of intellectual property violations that may occur on our platform, and do not actively police intellectual property matters. Artconomy will respond to properly formed and formatted DMCA requests.
Properly formed and formatted DMCA requests must contain:
The URL of the item in question
A description of the content which is in violation
An identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Artconomy to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Artconomy to locate that reference or link
Name, address, telephone number, and email address of the person claiming infringement
A statement that the information in the notification is accurate and a statement, made under penalty of perjury, that the person claiming infringement is the rights holder or is authorized to act on the behalf of the rights holder.
Electronic or physical signature of the rights holder or the person authorized to act on behalf of that person
DMCA takedown requests must be sent to abuse@artconomy.com
By using Artconomy, you agree not to upload/submit material for which you do not have the appropriate rights.
Purchases
Commissions are bound by their own agreement, the Commission Agreement.
By buying or selling works on Artconomy, you agree to pay all listed fees upon point of sale, and that Artconomy will be entitled to these fees even if a refund is issued from or to the other party or a court assigns damages as a result of a dispute arising from the sale.
Subscription services will provide features such as notification of artist availability, but will not be warranted for any particular use, and are provided AS IS. No guarantee is given that artists will accept orders placed by subscription holders, or that artists will be timely in their workload management or responses to subscription holders. Each Artist is responsible for their own performance.
Refunds are covered by our Refund Policy.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Conduct
You agree not to use Artconomy to harass other users, including the following activities:
Creation of multiple accounts to circumvent blocks from other users or restrictions placed on your main account
Threats of violence against another person or their property
Distributing the private information of other persons, including address, phone, and real names, especially for the purpose of harassment
Any activity which compromises the integrity or security of Artconomy's services. (We do favor responsible disclosure of vulnerabilities-- please contact support@artconomy.com if one is found)
Additionally, the following activities are prohibited on the Artconomy platform:
Sale or display of pornographic artwork that contains or is photography of real persons
Use of Artconomy's escrow service to perform any illegal transaction
Use of the site to circumvent or violate Intellectual Property laws
Artconomy reserves the right to terminate access to any users who perform the above activities and to contact law enforcement if it deems necessary.
Bank Transfers
You expressly authorize Artconomy's service provider, Dwolla, Inc. to originate credit transfers to your financial institution account.
Arbitration
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Houston, Texas. Texas law shall apply. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The demand for arbitration shall be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach.