Art&Pics: A photographer's platform

SUMMARY

We say the following important terms using many words in the following sections:

We do our best to protect your content and your personal information
Registration require you entering your neighborhood name (or address to figure out your neighborhood name), however, except for your neighborhood name as defined by your municipality, we do not store anything else in our servers in any form
You are responsible to ensure your information is accurate
You agree to our code of conduct which is set of guidelines to use our platform (behavior, ethics, etc.)
Respect intellectual propert of others as we do with yours
To create multiple accounts to vote for users’ content;
You hold the license to your photographs unless you explictly grant to us
We may use your content with attribution to you for free (markting, etc.)
If we need to use your content without attribution, we will work out compensation with you
We send marketing emails using MailChimp, and you can unsubscribe any time
We own our trademarks
Our platform (referred to as "Site") is offered AS-IS without any warranty, or guarantee of service
We are governed by the laws of Alberta, Canada
We let you know whenever we change our TOS (does not fall under newsletter)

We still recommend you go through our Terms of Service in detail before signing up. Or, raise your concerns to compliance@artandpics.com.

OVERVIEW

ART AND PICS CORP operates this website. Throughout the site, the terms “we,” “us,” and “our” refer to ART AND PICS CORP. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or registering with us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service,” “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all site users, including, without limitation, browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. You agree to be bound by these Terms of Service by accessing or using the platform. You may not access the platform or use services if you do not agree to all terms and conditions. If these Terms of Service are considered an offer, acceptance is limited to these Terms of Service.

Any new features or tools added to the current Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after posting any changes constitutes acceptance of those changes.

Our platform is hosted on AWS and uses third-party plugins to deliver certain features or experiences.

GENERAL CONDITIONS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our contents or brand for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses, or code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. We do everything we can to protect your personal information, but we are a small team; we cannot guarantee to protect all your personal information embedded in the contents.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the website/platform without our express written permission. Sharing a page or link to a post on social media is exempted when you do it in its original form.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

PRODUCTS OR SERVICES

Our products, services, or this domain are covered by exclusive licensing terms, which you can see here. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in the Service will be corrected.

REGISTRATION

To use the Services, you are required to open an account with Art&Pics, select a username, and provide registration information, including a valid email address, which may be used to send tokens for login, contact you for receiving feedback, send marketing contents, or contact you to clarify any complaints. The registration information you provide must be accurate, complete, and current. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your access to the Services by terminating your account. The Privacy Policy governs any personal information that you provide to Art&Pics.

You may not use as a username the name of another person or entity, or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene.

You are responsible for maintaining the confidentiality of your user access tokens. You are solely responsible for all activities resulting from using your user access tokens and conducted through your Art&Pics account.

Services are available to authorized representatives of legal entities and individuals 18 years old to register or a minimum of 14 years of age to access the Site by a parent or legal guardian. As a parent, if you have authorized a minor to use the Site, you are responsible for the online conduct of such minor and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site may display visual content containing nudity and violence that may be offensive to some.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only. It should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete, or timely information sources. Any reliance on the material on this site is at your own risk.

This site may contain historical information. Historical information is not current or updated. We reserve the right to modify this site’s contents at any time, but we have no obligation to update information on our site. You agree to monitor changes to our site.

CODE OF CONDUCT

All Content (the ones with the images, or otherwise) posted or otherwise submitted to the Site, including any comments or other communications (“Communications,” with Visual Content and Communications collectively referred to as “Content”) is the sole responsibility of the account holder from which such Communications originate. You acknowledge and agree that you, not Art&Pics, are entirely responsible for all content you post or submit to the Site, including via messages exchanged through Art&Pics’s messenger service. Art&Pics does not control user-submitted Content and, as such, does not guarantee accuracy, integrity, or quality. You understand that using the Site may expose you to offensive, indecent, or objectionable contents.

As a condition of use, you promise to abide by our Content Guidelines and not to use the Services for any purpose that is unlawful or prohibited by these Terms or any other purpose not reasonably intended by Art&Pics. By way of example, and not as a limitation, you agree not to use the Services:

To abuse, harass, threaten, impersonate, or intimidate any person;
To post or transmit, or cause to be posted or transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
To communicate with Art&Pics representatives or other users in an abusive or offensive manner;
To post or transmit, or cause to be posted or transmitted, any communication designed or intended to obtain password, account, or private information from any Art&Pics user;
To create or transmit unwanted ‘spam’ to any person or any URL;
To create multiple accounts to vote for users’ content;
To post copyrighted Content that does not belong to you, unless you are commenting on Visual Content in Blogs, where you may post such Content subject to providing appropriate attribution to the copyright owner and a link to the source of the Content;
Except for accessing RSS feeds, you agree not to use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (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 the Site or any activities conducted on the Site, or (iii) bypass any measures we may use to prevent or restrict access to the Site;
To artificially inﬂate or alter vote counts, blog counts, comments, or any other Service or to give or receive money or other compensation in exchange for votes and/or in an attempt to alter the result of any contest or promotion, or for participating in any other organized effort that in any way artificially alters the results of Services;
To promote or sell Visual Content of another person (outside the collections feature) unless you are expressly authorized to do so; or
To sell, assign, or otherwise transfer your Profile or account.
To report a suspected Site abuse or a breach of the Terms, please send a written notice to Art&Pics at email: help@artandpics.com

You are solely responsible for your interactions with other users of the Site. Art&Pics reserves the right but has no obligation to review disputes between you and other users. This includes the right to review messages exchanged through Art&Pics’s messenger service, based on any reports that Art&Pics receives alleging the violation of these Terms through the use of Art&Pics’s messenger service, including, without limitation, reports regarding alleged harassment, indecency, and offensive messages.

Suppose the Services or Site are used in a manner that violates the Terms in any way. In that case, Art&Pics may, at its sole discretion, but is not required to suspend or terminate your account, disable your access to the Site and/or take any steps that it deems appropriate to address the situation.

Art&Pics respects the intellectual property rights of others, and we expect people on Art&Pics to do the same. It’s our policy—in appropriate circumstances and at our discretion—to disable or terminate the accounts of people who repeatedly infringe or are charged with infringing copyrights or other intellectual property rights.

We’ll respond to claims of copyright infringement reported to Art&Pics as fast as we can. However, at this stage, we have limited resources; hence, it may take a few days to address the copyright infringement issues fully.

LICENSING

Subject to these Terms, you grant Art&Pics an attribution-based (we let others know it’s your work) non-exclusive license (you continue owning the license unless we buy it from you) to use your name, trademarks, Visual Content, and trade names and the right to display, transmit, broadcast, advertise, and market Art&Pics. Marketing may include the use of Visual Content on social media sites.

If we are to use your visual content for marketing without attribution, we discuss and agree to the right compensation beforehand.

Additionally, the rights granted herein include the right to use Visual Content as necessary to test or evaluate any technologies (such as image recognition), systems, or processes that Art&Pics may use to fulfill obligations and exercise any rights granted under these Terms.

THIRD-PARTY LINKS

We allow users of Art&Pics to include links to their profiles or websites on other platforms. Because Art&Pics has no control over such sites and resources, you acknowledge and agree that Art&Pics is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Art&Pics 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 the use of or reliance on any such content, goods, or services available on or through any such site or resource.

We are not liable for any harm or damages related to purchasing or using goods, services, resources, content, or other transactions connected with any third-party websites. Please review the third-party’s policies and practices carefully and ensure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send individual-specific submissions (for example, the comments on our articles or participating in the discussion forums) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may have no obligation to monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or another personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

MARKETING COMMUNICATIONS

By accepting our terms of service and signing up to the platform, you provide consent to use your personal information to send newsletters and marketing e-mails to help you use our platform better or understand our products to make an informed decision. We commit not to spam you with information other than the ones you subscribed to.

Additionally, you can unsubscribe using the links provided in our newsletters and other marketing emails. Email us at compliance@artandpics.com if you need more information or report any activity you have not provided us with your consent.

PERSONAL INFORMATION

Our Privacy Policy governs your submission of personal information through the platform. Read our Privacy Policy using the link at the footer, or profile page of this platform.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on our site may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on any information shared on this website, except as required by law. No specified update or refresh date is applied to the Site or any related tools offered using this website.

PROHIBITED USES

In addition to other prohibitions as outlined in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any prohibited uses.

TRADEMARKS

Art&Pics, artandpics.com, and other Art&Pics graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks, or trade dress of Art&Pics. Art&Pics’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Art&Pics.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Site and tools will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results obtained using the Site or tools will be accurate or reliable.

You agree that from time to time, we may remove the features or tools for indefinite periods or cancel at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Site and tools are at your sole risk. The Site and all products delivered to you are (except as expressly stated by us) provided 'as is' and 'as available for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall ART AND PICS CORP., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law in such states or jurisdictions.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ART AND PICS CORP. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

Suppose any provision of these Terms of Service is deemed unlawful, void, or unenforceable. In that case, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed to be severed from these Terms of Service; such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Site or the tools we offer.

Suppose, in our sole judgment, you fail, or we suspect that you have been unable to comply with any term or provision of these Terms of Service. In that case, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this Site or with respect to tools constitute the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any previous versions of the Terms of Service).

Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services (Site and tools) shall be governed by and construed in accordance with the laws of Alberta, Canada.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

At our sole discretion, we reserve the right to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Emails us your questions about our terms and service at inquiry@artandpics.com