Artviayou – Terms & Conditions
Please read these Terms & Conditions carefully before accessing or using this website, made available by Artviayou Ltd. or its affiliates (individually and collectively, the “Site”).
- Agreement of Terms
1.1 By using Artiviayou, through browsing, listing, purchasing or otherwise, you agree to and are bound by the terms and conditions set forth below and in any modified or additional terms that Artviayou Ltd. (“Artviayou”) may publish/modify from time to time (collectively, the “Terms & Conditions”). If you do not agree to all of the terms and conditions contained henceforth, do not access or use this Site.
1.2 You agree that Artviayou reserves the right to change these Terms & Conditions from time to time without prior notice of notification. Your continued access or use of the Site constitutes your acceptance for such changes and you agree that if these Terms & Conditions are important to you, it is your responsibility to check back regularly. Your access and use of the Site will be subject to the current version of the Terms & Conditions, in supplement to any rules and guidelines posted on the Site at the time of such use. If you breach any of the Terms & Conditions, your license to access or use this Site shall automatically terminate.
- Artviayou Intellectual Property & Trademark Notice
2.1 Subject to your compliance with these Terms & Conditions, any applicable license agreement with Artviayou, and the prevailing law in the United Kingdom, you may access and use the Site. Artviayou remains the sole owner of all right, title, and interest in the Site and reserves all rights not expressly granted under these Terms & Conditions. Artviayou may modify, replace, or discontinue the Site or any part thereof at any time, for any reason, with or without notice, in Artviayou’s sole discretion. Artviayou provides the Site on an “as is” and “as available” basis.
2.2 All content on this Site, including but not limited to Product Images, Footage, Music, and related metadata (collectively the “Content”), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties. Any unauthorised use of any Content violates such laws and these Terms & Conditions. Except as expressly provided herein or in a separate license agreement between you and Artviayou, Artviayou does not grant any express or implied permission to use the Site or any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site or any Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or its Content.
2.3 Artwork graphics or photos publicly listed on the site are for reference only. You may not replicate nor remove any watermarks or copyright notices contained in such product Content.
2.4 For the purposes of these Terms & Conditions, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by Artviayou.
2.5 Nothing contained herein grants or shall be construed to grant you any rights to use any Artviayou Trademark, unless expressly conferred by these Terms & Conditions, and agree that in the event of permissible use of the Artviayou Trademark, you will not use such Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or Artviayou as an organisation.
2.6 You agree that you will not use any Artviayou Trademark or any variant thereof (including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a metatag, keyword, or any other type of programming code or data. In addition, you may not at any time, adopt or use, without Artviayou’s prior written consent, any word or mark which is similar to or likely to be confused with Artiviayou’s Trademarks: This includes the look and feel of the Artviayou website, including all page headers, custom graphics, button icons, and scripts, which are the trade dress and/or trademark or service mark of Artviayou.
2.7 All other trademarks, product names, and company names or logos used or appearing on the Artviayou website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Artviayou, unless explicitly stated.
- Information Governance & Provision
- Artwork & Content Rights and Agreement
4.1 For any artwork, including the associated image/s, footage, text, audio, or any other content that you upload or post to the Site (“Your Content”), you represent and warrant that: (i) you have all necessary rights to submit Your Content to the Site and grant the licenses set forth herein; (ii) Artviayou will not need to obtain licenses from any third party or pay royalties to any third party with respect to Your Content; (iii) Your Content does not infringe any third party’s rights, including intellectual property rights and privacy rights; and (iv) Your Content complies with these Terms & Conditions and all applicable laws.
4.2 By listing Your Content, you grant Artviayou an unlimited, worldwide, non-exclusive, royalty-free license and right to copy, transmit, distribute, publicly perform, display (through all media now known or hereafter created) and sell, Your Content for the purpose of allowing you to edit and display Your Content using the Site, archiving or preserving Your Content for disputes, legal proceedings, or investigations and sell your work via the Artiayou platform. The above licenses will continue unless and until you remove Your Content from the Site, in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the license for legal archival/preservation purposes will continue indefinitely.
4.3 You may not upload, post, or transmit any video, image, text, audio recording, or other content that:
- Infringes any third party’s copyrights or other intellectual property rights or any right of publicity or privacy;
- Contains any pornographic, defamatory, or otherwise unlawful or immoral content;
- Exploits minors;
- Depicts unlawful or violent acts;
- Depicts animal cruelty or violence towards animals; or
- Violates any law, statute, or regulation.
4.4 Upon successful sale of an item via Artviayou, Your Content becomes property of Artviayou to serve as the “Artist” for the purchase; Artviayou will receive, check over, then ship and confer the rights of ownership to the purchasing user (the “Purchaser”) who’s property the artwork then becomes. By sale of Your Content on Artviayou and in agreement with these Terms & Conditions, you agree to Artviayou serving as the Artist.
- Infringement Claims & Intellectual Property Reporting
5.1 If you believe that any Content or other material made available by Artviayou infringes upon any copyright that you own or control, you may notify Artviayou in the manner set forth in our Copyright Infringement Notice Policy.
- Limitation & Restriction of Use
6.1 Artviayou may block, restrict, disable, suspend or terminate your access to all or part of the Site and/or its Content at any time at Artviayou’s discretion, without prior notice or liability to you. Any conduct by you that, in Artviayou’s sole discretion, restricts or inhibits any other person or entity from using or enjoying the Site is strictly prohibited and may result in the termination of your access to the Site without further notice. Such actions may include, but are not limited to:
- Engagement in any conduct that shall constitute a violation of any law or that infringes the rights of Artviayou or any third party;
- Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by these Terms & Conditions; or
- Violate the rights of Artviayou or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another user.
- Link to Third Party Sites
7.1 In the event that the Site is available through any third-party platform, or if Artviayou provides links from the Site to any third-party platform or permits any third party to link from its platform to the Site, you understand and agree that Artviayou makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Artviayou, and Artviayou provides and/or permits these links only as a convenience to you. The inclusion of any link does not imply affiliation, endorsement, or adoption by Artviayou in any form.
- Warranties & Disclaimers
8.1 Your use of the Site is at your own risk. The Site is provided by Artviayou under these Terms & Conditions “as is” without warranty of any kind, either express, implied, statutory or otherwise. Artviayou expressly disclaims any and all warranties of any kind, whether express or implied, to each and any service available from the Site, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Artviayou makes no warranty that: (i) the Site will meet your requirements; (ii) access to the Site will be uninterrupted; (iii) the quality of the Site will meet your expectations; and (iv) any errors or defects in the site, services or materials will be corrected. Artviayou makes no representations or warranties that the Site will be permitted in your jurisdiction, that any of Your Content submitted by you will be available through the Site or will be stored by the Site, that the Site will meet your needs, or that Artviayou will continue to support any particular feature of the Site. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site, and no warranties shall apply after such period.
9.1 You agree to defend, indemnify and hold harmless Artviayou, its subsidiaries, affiliates, licensors, employees, agents, third party information providers, Submitters and independent contractors against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable legal fees) arising out of or related to your conduct, your use or inability to use Site, your breach or alleged breach of the website’s Terms & Conditions or of any representation or warranty contained herein, your unauthorised use of the Artviayou Content, or your violation of any rights of another.
- Art Gallery Functionality & Usage
11.1 Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by binding arbitration administered under UK law.
11.3 In the event of any conflict between these Terms & Conditions and any license agreement you enter with Artviayou, the terms of such license agreement shall control.
11.5 Orders can be cancelled by Artviayou if the seller does not deliver the product within 10 business days. Any kind of return or cancellation requested by the buyer must be processed via email or chat options made readily available on the Site. Customers can also call Artviayou, acknowledging such communication may be subject to recording, within stated business hours (In UTC) or simply by cancelling the order on the website.
11.6 Orders can only be placed after registration to the Site. All users are required to keep their personal and delivery details up-to-date for better communication with Artviayou and for the assurance of delivery of any purchased products.