ArtLauncher.Online Terms of Service

Terms of Service for ArtLauncher.Online

Introduction

Welcome to ArtLauncher.Online. This website is owned and operated by ArtLauncher.Online LLC. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

This agreement is in effect as of Sep 22, 2016.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Wherein, you understand that:

a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.

b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account(s).

c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.

d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.

e. Attempting to copy, duplicate, reproduce, sell, trade, or resell our Resources is strictly prohibited.

f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.

g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:

  • Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
  • Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
  • Contains any type of unauthorized or unsolicited advertising;
  • Impersonates any person or entity, including any ArtLauncher.Online employees or representatives.

We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.

h. We do not assume any liability for any content posted by you or any other 3rd party users of our website.  All information provided as part of our registration process is covered by our privacy policy.

i. ArtLauncher.Online includes email marketing functionality.  In order to initiate your email list, you are permitted to send a single email to specific addresses that have not yet subscribed to your email list for the purpose of inviting said email address owner to subscribe to your list.  You may only send subsequent emails to email addresses owned by people who have subscribed, or opted in, to your list.  You are also responsible for following the guidelines set forth in the CAN SPAM Act.  You can review those guidelines in the CAN SPAM Act section of our privacy policy. Intentionally sending spam emails to people who have not subscribed to your list is a violation of these terms of service.  ArtLauncher.Online reserves the right to terminate your account without notice or refund if you are deemed to be breaking these terms of service.  If you have any questions regarding compliance with these terms of service, please contact support@artlauncher.online.

j. You agree to indemnify and hold harmless ArtLauncher.Online LLC and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

Privacy

Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

Limitation of Warranties

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:
i) the use of our Resources will meet your needs or requirements.
ii) the use of our Resources will be uninterrupted, timely, secure or free from errors.
iii) the information obtained by using our Resources will be accurate or reliable, and
iv) any defects in the operation or functionality of any Resources we provide will be repaired or corrected.

Furthermore, you understand and agree that:

v) any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
vi) no information or advice, whether expressed, implied, oral or written, obtained by you from ArtLauncher.Online LLC or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

Limitation of Liability

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. ArtLauncher.Online LLC will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

Copyrights/Trademarks

All content and materials available on the main ArtLauncher.Online, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of ArtLauncher.Online LLC, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by ArtLauncher.Online LLC.

You retain all applicable copyrights on all content created and uploaded by you to your hosted ArtLauncher.Online account including text, graphics, images, and logos. You also retain ownership of your custom domain name, if applicable, but not the subdomain you registered upon signing up for ArtLauncher.Online.  For example, if you registered the subdomain myartsite.artlauncher.online upon sign up, then registered the custom domain myartsite.com, you would retain ownership of myartsite.com but not myartsite.artlauncher.online upon termination of your ArtLauncher.Online account.  Subdomains ending in .artlauncher.online cannot be transferred.

Termination of Use

You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice for breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

Upon expiration of subscription periods, users will be notified both before subscription expiration and on the day following expiration.  Expired accounts where subscription fees are delinquent will be cancelled after a grace period of 5 business days and all content created and uploaded by you will be deleted without further notice.  While ArtLauncher.Online is responsible for providing regular backups of your data during your subscription period, we are not responsible for keeping said data after account termination.  Therefore it is recommended that you keep copies of any content you created if you plan on terminating your account.

Governing Law

This website is controlled by ArtLauncher.Online LLC from our offices located in the state of California, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of California, by accessing our website, you agree that the statutes and laws of California, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in California, USA. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

Guarantee

ArtLauncher.Online provides a guarantee (hereafter referred to as “the guarantee”) that your art sales (not counting taxes, shipping, and payment processing fees) will be greater than or equal to the annual service fees or we will refund you the difference.  The specific terms and conditions of the guarantee are as follows:

  1. Only annual subscribers are eligible for the guarantee.
  2. Guarantee only applies to your first annual subscription period.
  3. Only one such refund per customer is available.
  4. To qualify for the guarantee, you must follow the ArtLauncher.Online action plan and tutorial materials, including the following steps:
    • Edit your About page with an artist statement as described in the training materials.
    • Populate your online art gallery by uploading high resolution images as described in the training materials.
    • Set up your Stripe payment processing account as described in the training materials.
    • Create your email list by following the process described in the training materials.
    • Create and send your art questionnaire to your list as described in the training materials.
    • Create and release your art in series, with series descriptions and art descriptions that tie back to your artist statement, as described in the training materials.
    • Create videos or similar documentary materials of your artistic process as described in the training materials.
    • Send the series of emails to your list about your art series releases as described in the training materials.
    • Release your series with a time-based scarcity factor as described in the training materials.
    • Repeat the series release process at least 4 times over the course of the year.
    • Grow your email list by following the advice in the training materials.
  5. At the end of your first annual subscription period, if your net art sales (not counting shipping, sales taxes, and payment processing fees) are not greater than or equal to the amount paid for your annual subscription fees, you may request that your ArtLauncher.Online account be cancelled and we will refund you the amount of your subscription fees minus your net sales amount. For example, if you sell one painting for a net of $200, and you paid $299 for the annual subscription, we will, upon your request, close your account and refund you $99.
  6. ArtLauncher.Online reserves the right to review your sales documentation with you, including your Stripe account (with your permission and attendance over a web conference or similar online meeting tool) in order to determine the amount of refund owed to you.

OTHER THAN THE GUARANTEE ABOVE, UNLESS OTHERWISE EXPRESSED, ARTLAUNCHER.ONLINE LLC EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

ArtLauncher.Online LLC
4521 Campus Dr. #395
Irvine, CA 92612
USA
support@artlauncher.online