Thank you for using Artmatcher! We look forward to helping you find your perfect match. But before we begin, we need to take care of a few housekeeping matters, – those annoying things called terms and conditions. Be assured that these are for your protection, as well as ours.
These Terms and Conditions of Use (“the Terms” for short) establish a legally binding, contractual relationship between you and Artmatcher (Artnado, LLC, doing business as Artmatcher). This ensures that we are all on the same page and know what is expected from each party. So, in order to access our app, you absolutely, in no uncertain terms, must agree to each and every condition, AND, you actually must read them! We know – you don’t want to; but it will be worth it. Now, we must get all legal on you and let you know the following:
YOU ARE NOT AUTHORIZED TO USE THE ARTMATCHER MOBILE APP IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS! BY ACCESSING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY. We may periodically modify or change these Terms at any time, without prior notice and without any liability for damages or loss. The changes will become effective upon posting. Your initial and subsequent use of the app will constitute consent to the most recent version of the Terms.
As another condition of access, YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE APP. If you are younger than 18, you may access the app with the permission and supervision of your parent or guardian. The app may contain nudity, offensive material or adult-themed content that is not suitable for minors. In fact, the app may contain material that is offensive to adults, so below is our warning.
3. TRIGGER WARNING
THIS APP CONTAINS MATERIAL THAT SOME MAY FIND TO BE OFFENSIVE, SEXUALLY EXPLICIT, POLITICALLY INCORRECT, INAPPROPRIATE, OR OTHERWISE DISTURBING. Artmatcher is available throughout the United States so the applicable community standard will be broadly construed to reflect the widest range of diverse viewpoints from a diverse audience. Please proceed at your own risk. You expressly acknowledge that Artmatcher assumes no responsibility for content published by users and agree that we will not be liable, directly or indirectly, for any loss or damage caused by or in reliance on the content. Any views expressed by users are their own and do not imply an endorsement or approval by Artmatcher.
5. USER RIGHTS
We need to protect the rights of third parties, just as we protect yours. If your actions might violate the rights of a third party, including but not limited to intellectual property rights, we can suspend, disable or terminate your access to the mobile app.
6. USER INFO
“User” is any person or entity who interacts with our technologies or platforms, including but not limited to artists, galleries, advertisers, art aficionados, or the public in general. Users who set up accounts, either for themselves or as an authorized agent, must ensure that all the information provided is accurate and kept up to date. Please do not create a user name that is inappropriate, vulgar or otherwise offensive.
7. ELECTRONIC COMMUNICATIONS
By accessing the Artmatcher app, you agree that we can send you emails, notices, SMS text messages, updates or other electronic communications which will be considered legally received on the date sent. Artmatcher is not responsible for any filtering by your network provider. To stop receiving emails or texts, just click or reply to UNSUBSCRIBE.
8. INTELLECTUAL PROPERTY
This Artmatcher mobile app contains intellectual property such as copyrighted material and other proprietary information, including, but not limited to, trademarks, logos, photographs, paintings, sculptures, mixed media, video, graphics, music, sound, and other content, as defined below. The entire contents of our app is protected by copyright as a collective work pursuant to copyright or intellectual property laws. Artmatcher is not legally responsible for the accuracy, reliability, misuse or completeness of the content contained on the app or any sites linked from our app, and shall not be held liable for improper use or any other action, whether negligent or intentional. Our intellectual property rights, and those of third parties, constitute unique and valuable assets which represent a substantial investment of time and expense. Any unauthorized or unintended use of such knowledge for commercial purposes could cause us, or third parties, irreparable harm for which money damages alone may be inadequate.
9. COPYRIGHT POLICY
Artmatcher acts diligently to comply with the Digital Millennium Copyright Act and to protect the intellectual property (IP) rights of our app and third party users. If you believe in good faith that content on our app violates someone’s IP rights, please contact us as soon as possible by sending the Notice of Copyright Infringement to Artnado, LLC, ATTN: Karen Tomaine, Esq., 330 Montage Mountain Road, Moosic, PA 18507. We will investigate the claim and take action, if warranted. If we delete the alleged infringing material, you may object by mailing a written response to the same address.
Content includes all material on the mobile app, including but not limited to images, graphics, software, computer code, emails, audio, video, graphics, data, animation. You may not copy, transmit, distribute, use, misuse, publish, reverse engineer, attempt to extract the source code, decompile or otherwise disseminate or exploit any of the code contained on our mobile app, whether it is Artmatcher’s or third parties’.
11. USER AND THIRD PARTY CONTENT
Artmatcher does not claim ownership rights to the intellectual property of any user or third party. By posting content on our mobile app, you grant Artmatcher a perpetual, non-exclusive, worldwide, sub-licensable, royalty-free license. You further acknowledge that this license will allow us to distribute, modify, edit, store, compile, disseminate, use, market and publish the material. By posting content, you represent that you have the ownership rights to any items posted on our app, or the authorization of any relevant third party, and that neither you or the third party are infringing upon the intellectual property of any party. Artmatcher reserves the right, in its sole discretion, and with no legal liability, to terminate, suspend, or disable a user’s account for any action that is illegal, threatening, deceptive, defamatory, libelous, fraudulent, infringing on intellectual property rights, or otherwise inappropriate.
12. NO OWNERSHIP RIGHTS TO CONTENT
All content on our mobile app is owned by Artmatcher or by users or other third parties who have granted us permission or licensed us to use their content. YOU HAVE NO OWNERSHIP OR LICENSING RIGHTS IN THE CONTENT OF THE ARTMATCHER APP, ARTMATCHER CONTENT, THIRD PARTY OR USER CONTENT, EITHER EXPLICIT OR IMPLICIT! Therefore, you may not modify, publish, transmit, transfer, sell, create derivative works, or otherwise exploit, any of the content, in whole or in part. You may not copy, distribute, transmit, publish or use the content without the express written permission of the copyright owner, unless specifically provided by law. Even if such permission is granted, you may not alter, change, or delete any copyright, logo, trademark or service mark from the content.
13. NO WARRANTIES
Artmatcher offers an online community for Artists and users to interact. We do not produce, create, inspect, store, sell products or collect payment. We are not responsible for any misrepresentations, defective products or other actions of users whether negligent or intentional. ARTMATCHER MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES REGARDING ANY CONTENT, PRODUCT OR SERVICE, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTE OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE THAT THE APP WILL BE FREE FROM DEFECTS, VIRUSES, OR ERRORS. OUR APP IS OFFERED “AS IS”. YOU ASSUME ANY RISK WHEN USING THE APP OR MAKING ANY OFFLINE TRANSACTIONS OR SALES.
We hope to maintain an amicable relationship with all of our users. However, sometimes unexpected issues occur. If such an unlikely situation arises, we have the right to seek all available remedies at law and in equity, including but not limited to seeking injunctive relief, which means we can get a judge to order you to stop doing what you’re doing.
15. ARTMATCHER PLATFORM
The Artmatcher mobile app allows you to browse art and connect with artists, galleries and other users. Artmatcher does not sell, posses, own or take title to the items displayed. We do not act as an agent for users. We serve strictly as an online community for artists and users to interact. We do not act on behalf of users in consummating sales, nor do we process payments on behalf of any parties. Our terms and conditions do not create an agency, joint venture, partnership, or employment relationship of any kind. We are not responsible for the conduct of other parties, and we offer no endorsements, warranties or representations as to the reputation, policies or practices of users or third parties; or to the quality, provenance, merchantability, or authenticity of any item. All parties assume legal responsibility for their actions, inactions, and representations, whether negligent or deliberate.
16. PROMOTIONS AND SPECIAL OFFERS
Artmatcher may choose to offer promotions from time to time, either directly or through third parties. Such promotions or offers will be subject to these terms, as well as any additional terms that may be posted.
17. LINKS TO OTHER SITES
For your convenience, our mobile app may offer links to other websites, advertisers, social or other services. These linked sites are not under our control and are for informational purposes only. You are responsible for complying with the terms and conditions of any third parties. These links are not a recommendation, endorsement, inducement to purchase, or representation as to the authenticity, veracity or appropriateness of the content. We offer no warranty and assume no legal liability for such links. Please refer to the “No Warranties” section above as to our warranty disclaimer and your assumption of risk.
18. NO LIABILITY
TO THE FULLEST EXTENT ALLLOWED BY LAW, ARTMATCHER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES, EITHER IN CONTRACT OR TORT, INCLUDING ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY ECONOMIC LOSS.
TO THE FULLEST EXTENT ALLOWED BY LAW, USER AGREES TO INDEMNIFY, DEFEND AND HOLD ARTMATCHER HARMLESS FOR ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS (“CLAIMS”) ARISING FROM OR RELATING TO USER’S ACTIONS OR INACTIONS, DELIBERATE OR NEGLIGENT, RESULTING IN CLAIMS AGAINST ARTMATCHER, YOU WILL BE RESPONSIBLE TO REIMBURSE US FOR ALL DAMAGES, DIRECT OR INDIRECT, AS WELL AS LEGAL COSTS AND FEES, INCLUDING REASONABLE ATTORNEY FEES.
20. NO USE OUTSIDE UNITED STATES
Artmatcher is only distributed within the United States and use is limited to the laws and regulations of U.S. jurisdiction. Use of any VPN or similar service to disguise your location is expressly forbidden. You my only access our app through the interface provided.
21. FAIR USE ACT DISCLAIMER
Section 107 of the Copyright Act of 1976 allows fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, education and research. Fair use is permitted by copyright statute which might otherwise constitute infringement. Any use of copyrighted content that is not open access, in the public domain or licensed to Artmatcher falls under the guidelines of the fair use doctrine.
22. ENTIRE AGREEMENT
These terms constitute the entire agreement between the parties. Any agreements made outside of these terms, other than the Privacy incorporated herein, must be reduced to writing and signed by the parties.
23. NO WAIVER
If we do not immediately object to your actions or promptly seek to enforce our rights, that does not mean that we have given up, excused or “waived” any of our rights under the law. We can enforce our rights at a later time. Any waiver of rights must be in writing and signed by the parties.
If any of the provisions of these terms shall be held partially invalid or unenforceable, the remainder of the terms shall still remain valid and enforceable to the fullest extent permitted by law.
25. CHOICE OF LAW
These terms and conditions shall be enforced and governed by the laws of the Commonwealth of Pennsylvania in all respects and without regard to choice of law provisions. You agree that venue will be in Lackawanna County, Pennsylvania.
If you have questions or comments about this Policy, please contact us at email@example.com with “Terms and Conditions of Use” in the subject line of your email.
2. Information We Collect
3. Uses and Sharing of Information
We will use your Personal Information that we collect to (1) respond to your inquiries and provide customer support; (2) communicate information and news about our company (including affiliates) and services; (3) provide the Services; and (4) interact with third parties needed to provide the services, as described below. You will be given the opportunity to unsubscribe from further emails in any promotional messages we send you.
If you create a user profile and utilize any of our technologies or Services (including but not limited to the download or utilization of our applications), you may be required to provide additional Personal Information as well as non-personal information (such as business information and art preferences ). We will use that information to provide the requested services and/or technologies and to keep you informed of information and news about our company (affiliates), and otherwise communicate with you, as necessary. We will also use any data gathered to create and utilize non-identifying intelligence and data trends, including but not limited to matching logic around art preferences to help improve our services and provide insights to relevant partners, which may include those advertising within the applications. Making connections between users is a fundamental aspect of our Services and as such every user acknowledges and agrees that in doing so, users may use the Services to share their Personal Information directly or indirectly with one another. Artmatcher may use your uploaded art and data for marketing purposes and may link to your website or social profile in the process.
We also may share your Personal Information with our contracted service providers, third party suppliers and other key vendors, such as email hosting services and data management providers, who assist us with the activities described above. Such service providers are permitted to use your Personal Information for the purposes for which they are engaged.
Finally, we may share your Information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; or (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.
We will only use and/or share your Personal Information for the purposes described above. We will never sell any Personal Information to unaffiliated third parties for any purpose contemplated herein.
We may use these Cookies to collect “Usage Data” which is anonymous information not linked to you personally that is related to your use of the Services, including information about the computer and mobile device you use when visiting the website (e.g., your unique device ID, Internet Protocol (IP) address, or other persistent identifiers), as well as data regarding your activity, such as the actions you take within the Services, the browser and/or device you use, and the date, time and length of your use of the Services. Usage Data may be used in aggregate form for internal and external business purposes, such as analyzing statistics and developing marketing plans and for other administrative, advertising, marketing, analytical, research, optimization, and security purposes.
5. Privacy and Security
We take reasonable precautions to protect Personal Information against loss, misuse, unauthorized disclosure, alteration, and destruction. However, please remember that no transmission of data over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, we cannot ensure or warrant the security of any information that you transmit to us or from us, and you do so at your own risk. You hereby acknowledge that we are not responsible for any intercepted information sent via the Internet, and you hereby release us from any and all claims, direct or indirect, arising out of or related to the use of intercepted information in any unauthorized manner.
If you believe your Personal Information is being improperly used by us or any third party, please immediately notify us via email at firstname.lastname@example.org.
6. Opting Out
If you wish to stop receiving communications from us, you can click the unsubscribe link at the bottom of our general emails or reply via text.
7. Privacy Rights for California Residents
Under certain circumstances, California Civil Code Section 1798.83 states that, upon receipt of a request by a California customer, a business may be required to provide detailed information regarding how that business has shared that customer’s personal information with third parties for direct marketing purposes. However, the foregoing does not apply to businesses like ours that do not disclose Personal Information to third parties for direct marketing purposes without prior approval.
California Do Not Track Disclosures: Our Services do not recognize browser “Do Not Track” signals.
If you have questions or comments about this Policy, please contact us at email@example.com with “User Privacy” in the subject line of your email.