This Website is offered and available to users who are 18 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice prior to the date the change is posted on the Website.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, at any time and for any reason in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- You may exercise any rights granted to you as an authorized user and in accordance with the License Agreement.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
You must not:
- Modify copies of any materials from this Website.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website unless otherwise permitted as an authorized user and in accordance with the terms of the License Agreement.
The Company name, the terms ArtBinder, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Website.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website contains software applications (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our respective licensees, successors and assigns the perpetual right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material according to your account settings.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and our respective licensees, successors and assigns.
- Your use of, and license grant to us regarding, any User Contributions do not, and shall not, infringe on the intellectual property rights or other rights of any other party.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
- Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website.
- Send e-mails or other communications with certain content, or links to certain content, on this Website.
- Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
The Website contains links to other sites and resources provided by third parties; these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of New York in the United States. Access to the Website outside of the United States may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data.
WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
This website is operated by ArtBinder Inc, P.O. Box 2063, New York, NY 10013.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set forth therein.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: firstname.lastname@example.org.
Thank you for visiting the Website.
ArtBinder, Inc. (“Company” or “We”) respects your privacy and is committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website www.artbinder.com (our “Website”), the ArtBinder Application, and any mobile and/or desktop applications you download from our Website or other sources, and our practices for collecting, using, maintaining, protecting and disclosing that information. This policy also describes how you can update, manage and delete your information.
This policy applies to information we collect:
- on this Website.
- via the ArtBinder Application.
- in e-mail, text and other electronic messages between you and this Website.
- via any other software application offered by ArtBinder and used by you.
It does not apply to information collected by:
- us offline or through any other means, including on any other website operated by Company or any third party; or
- any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Children Under the Age of 18
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on this Website or on or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at email@example.com.
Information We Collect About You and How We Collect It
We collect personal information from and about users of our Website. This personal information we collect includes (without limitation) the kinds described below:
Personal information you give us when you use our Website:
- Identifying information such as your name, address, telephone number, postal address and e-mail address.
We also collect information about your interaction with our Website. This is typically information we receive from your computer or other devices, including your mobile devices. This includes:
- Device ID or unique identifier, device type, unique device token
If you choose to log in using a social media account such as Facebook, LinkedIn, Twitter or Google +, you authorize us to access and use certain account information, including but not limited to your public account profile and information about friends you might share in common with other Website users.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the Website. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
Information You Provide to Us. The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Website.
- Records and copies of your correspondence (including e-mail addresses), if you contact us.
- Your search queries on the Website
- Feedback you provide to us.
You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website or the general public with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
When providing us with User Contributions or causing content to be posted using our Website, you grant us a non-exclusive, worldwide, perpetual irrevocable, royalty-free, sublicensable right to (and to permit users and other third parties to) exercise any and all copyright, publicity, trademarks, database rights and other intellectual property rights you have in the content, in any media known now or developed in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights or any other intellectual property or publicity rights against us, our sublicenses, or our assignees.
Usage Details, IP Addresses And Cookies, and Other Tracking Technologies. As you navigate through and interact with our Website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system and browser type.
The information we collect automatically is statistical data, and does not identify any individual. It helps us to improve our Website and to deliver a better and more personalized service by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
- Web Beacons. Pages of the Website may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We may tie information collected by the above means to personal information about you that we collect from other sources or you provide to us.
We may use historical information to better understand how our Website and other services are used, and to improve them. We delete personal information when all purposes of the personal-information processing have been fulfilled.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- To troubleshoot use of the Website to enable better user experiences (which may include impersonating user accounts only for troubleshooting purposes).
- For internal Company projects and promotional purposes such as analyses for fundraising materials.
- For any other purpose with your consent.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them (which may include Hubspot, Google Analytics, AdRoll, Flurry, Stripe, Amazon Web Servers and others).
- To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of ArtBinder Inc.’s assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by ArtBinder Inc. about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it.
- For any other purpose disclosed by us when you provide the information.
- With your consent.
We may also disclose your personal information:
- To comply with any court order, law or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of ArtBinder Inc., our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
- To your employer or sponsor if such employer or sponsor has purchased a subscription for your use in performing services for such employer or sponsor.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- You can choose to update or delete any of the personal information you provide to us at any time. We keep personal data after users stop using the website for internal analytics only. If you would like your personal information updated or deleted, you can send your request directly to firstname.lastname@example.org.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.
Additional Limits on Use of Your Google User Data
- The Website will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
- The Website will not use this Gmail data for serving advertisements.
- The Website will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for the Website's internal operations and even then only when the data have been aggregated and anonymized.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to email@example.com
Our California Do Not Track Notice
We may collect personally identifiable information about an individual user's online activities over time and across different web sites when a user uses the Website. If you choose to operate your web browser “do not track” signals or any other mechanism that provides users the ability to exercise choice regarding the collection of such information, we will abide by your request and stop collecting such information. We may allow third parties, such as such as companies that provide us with analytics tools, to collect personally identifiable information about an individual user's online activities over time and across different web sites when a consumer uses the Website.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website”) infringe your copyright, you may request removal of those materials (or access thereto) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
- Your physical or electronic signature.
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Please send all DMCA Notices to:ArtBinder, Inc.
Attn: Alexandra Chemla
P.O. Box 2063
New York, NY 10013
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Completed Counter-Notices should be sent to:ArtBinder, Inc.
Attn: Alexandra Chemla
P.O. Box 2063
New York, NY 10013
The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.
ArtBinder License Agreement
The ArtBinder software application (“ArtBinder Application” and any other subscription based software application offered by ArtBinder, the “Applications”) are licensed, not sold, to you (“You” or “Your”) on a subscription basis and under the terms of this software application license agreement (this “Agreement”), made between You and ArtBinder Inc (“Company”), as set forth below. By installing, clicking “Accept”, paying the subscription fee, or using either or both of the Applications, You shall be deemed to have agreed to all terms and conditions of this Agreement. In addition, Your use of an Application may be governed by a separate user agreement with the Company (a “User Agreement”). To the extent any of the terms or conditions of a User Agreement conflict with this Agreement, the terms and conditions of the User Agreement shall control.
1 Ownership of Application.
1.1 The Company owns title to and all rights, including any and all copyrights, trademarks, trade secrets, patents, or other intellectual property, of the Applications.
1.2 You acknowledge and agree that the Applications are comprised of the Company’s trade secrets and other proprietary or confidential information.
2.1 The Company hereby grants You a non-exclusive, non-transferable license to use the Applications limited by the terms and conditions of this Agreement and your applicable subscription pricing plan.
2.2 You agree not to:
2.2.1 assign, delegate, or transfer the rights or obligations under this Agreement to any other third party;
2.2.2 modify, translate, reverse engineer, or disassemble the Applications or any portion thereof;
2.2.3 sell, rent, transfer, lease, or sub-license the Applications or any portion thereof, or the rights, obligations, and license granted hereunder to any third party;
2.2.4 copy and create derivative works from the Applications or any portion thereof, including but not limited to its source code, images, text, or design;
2.2.5 distribute the Applications or any portion thereof in violation of this Agreement;
2.2.6 use the Applications to engage in or further any illegal activity;
2.2.7 use the Applications to violate any legal right of any third party, including but not limited to copyright, trademark, right of publicity, privacy, or other intellectual property right;
2.2.8 use the Applications to harass, intimidate, or defame any third party; and
2.2.9 otherwise use the Applications in violation of any provision in this Agreement.
3 Ownership of Imported Content; Your Warranties.
3.1 The Applications allow You to import and use images, text, and other data (“Imported Content”) on the Applications. Imported Content is encrypted using an SSL connection and stored on third party servers.
3.2 You represent and warrant that You own, control, have legal access to and/or right to use any and all Imported Content. In the event, the title, ownership rights and/or intellectual property rights to Imported Content is the property of any third party, You represent and warrant You have the right to use and to license such Imported Content in connection with Your use of the Applications.
3.3 Whether You are the owner of the Imported Content or the Imported Content is owned by a third party, You hereby grant the Company a non-exclusive license to use, store, copy, modify, distribute, publicly perform, publicly display, and make derivative works from Imported Content, in perpetuity and worldwide solely for the purpose of operating, developing, providing and using the Applications and the Company website. Nothing in this Agreement shall restrict other legal rights the Company may have to Imported Content, for example under other licenses.
3.4 You agree that You will not modify, display, distribute, or otherwise use Imported Content in any way that infringes on any third party rights, including intellectual property rights.
3.5 The Company reserves the right to remove or modify Imported Content for any reason, including Imported Content that Company believes violates this Agreement or our policies.
3.6 Following termination or deactivation of your subscription, or if you remove any Imported Content from the Applications, the Company may retain Your Imported Content for a commercially reasonable period of time for backup, archival, or audit purposes. Furthermore, the Company and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of Your Imported Content that other users have stored or shared through the Applications.
4 Subscription Fee.
4.1 You agree to pay a subscription fee as further described on our website, www.artbinder.com, and/or pursuant to a User Agreement, and in conjunction with the terms and conditions therein.
4.2 You agree that the Company may change the subscription fees for any Application at any time and for any reason, unless provided for otherwise in a User Agreement. Any such change shall be posted on the Company’s website. You agree that your continued use of any Application following such posted changes shall be deemed to be your consent to such changes for use of any Application thereafter.
5.1 The Company accepts the following forms of payment: Visa, American Express, and MasterCard credit cards, and Braintree.
5.2 You agree that you will pay for Your subscription and any applicable taxes or duties in full, and that you allow the Company to charge any additional fees accrued by Your account to the credit card, debit card, or Braintree account on file with Your account. You are responsible for providing a valid form of payment and making timely payments. If your subscription is for a premium version of an Application, you acknowledge and agree that you will be obligated to pay for a full year of fees for such premium version following the date of subscription, and that the Company may charge all such fees to the credit card, debit card, or Braintree account on file with your account according to the payment schedule as further described on our website, www.artbinder.com. Your obligation to pay any such fees shall survive any termination of this Agreement.
6 No Refunds.
6.1 All subscriptions are non-refundable.
7 Company’s Disclaimer of Warranties.
7.1 You agree that the use of the Applications and its services is solely at your own risk.
7.2 The Company offers the Applications “as is.” The Company, and its affiliates, employees or agents, disclaim all warranties and conditions with respect to the Applications, express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, and non-infringement of third party rights. The Company does not warrant against and will not be held liable for, regardless of the cause or duration, any errors, inaccuracies, incompatibilities, failures, system crashes or omissions in the running of the Applications on one or more of Your iPads or other applicable electronic device.
8 Limitation of Liability.
8.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, MEMBERS, MANAGERS, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, AND DATA, BUSINESS INTERRUPTION OR OTHER COMMERCIAL LOSSES RESULTING FROM USE OF OR INABILITY TO USE THE APPLICATIONS OR ANY RELATED SERVICES.
9 Term and Termination.
9.1 This Agreement shall commence upon Your assent and continue until terminated by either You or the Company. You may terminate this Agreement at any time by deleting and/or destroying the Applications and any copies thereof. The Company may terminate this Agreement at any time and all rights or licenses granted hereunder at its sole discretion and without notice to You.
9.2 Termination of this Agreement may result in deactivation of Your account. You understand that if Your account is deactivated, You may not be able to access or remove any content You imported or stored in the Applications.
9.3 If the Company withdraws or terminates this Website, it shall give You at least thirty (30) days advice notice of such withdrawal or termination to allow You to retrieve your Imported Content.
You agree to indemnify and hold ArtBinder Inc, its members, managers, agents, subsidiaries, joint ventures and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.
11 Governing Law.
This Agreement, the entire relationship between You and the Company, and any dispute arising between You and the Company (whether based in contract, tort, law or equity) shall be governed by and construed in accordance with the substantive laws of the State of New York, without regard to its conflicts of law principles.
If a provision of this Agreement is held unenforceable or invalid, such provision shall be struck and not affect the validity of any other provision in the Agreement.
13.1 You and the Company (“Parties”) shall first attempt to resolve any and all disputes arising out of or in connection with this Agreement by amicable negotiations.
13.2 If either Party gives written notice (the “Written Notice”) to the other Party that a dispute has arisen, and the Parties are unable within sixty (60) days of the Written Notice to resolve the dispute, then, upon notice by either Party to the other, any disputes shall be finally resolved by arbitration in accordance with the rules of the American Arbitration Association.
13.2.1 The number of arbitrators shall be one (1).
13.2.2 The place of arbitration shall be New York, NY.
13.2.3 The language of the arbitration shall be in English.
13.3 If You have a dispute with a third party regarding the Applications, You hereby release the Company, its members, managers, agents, subsidiaries, joint ventures and employees, from claims, demands and damages arising out of or in any way connected with such disputes.
If a provision of this Agreement is held unenforceable or invalid, such provision shall be struck and not affect the validity of any other provision in the Agreement.
15 Modifications to this Agreement.
15.1 The terms of this Agreement will govern any upgrades provided by the Company that replace and/or supplement the Application, unless such upgrade is accompanied by a separate license agreement in which case the terms of that agreement will govern.
15.2 You agree that the Company may modify this Agreement at its sole discretion.