Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Artorful website, products, applications, services (“Artorful” or the “Service”). Please read these Terms carefully, and contact us if you have any questions. By accessing or using Artorful, you agree to be bound by these Terms and policies.

Artorful is an art network to help artists show their arts, socialize with others, and sell their arts to the world. You may use Artorful only if you can legally form a binding contract with Artorful, and only in compliance with these Terms and all applicable laws.

When you create your Artorful account, you must provide us with accurate and complete information. You can’t use Artorful if it would be prohibited by U.S. sanctions. Any direct use or access by anyone under the age of 18 is not allowed. If you are below the age of 18, your parent or guardian who is 18 years old or above must sign up and use our Service on behalf of you. Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service. By creating your Artorful account, you expressly consent to receive email communications and notifications including but not limited to, newsletters, marketing and promotional materials, updates, and other information related to services and products. You acknowledge and agree that such communications may include advertisements and information on new features or promotions. You may opt out of receiving these communications at any time by following the unsubscribe link provided in the emails or by adjusting your notification preferences within your profile settings. Notwithstanding your indicated email preferences, we may still send you service-related communications, including notices of any updates to our Terms of Service or Privacy Policy.

Artorful allows you to publish posts and share content, including images, videos, messages, links, and other materials. Anything that you post or otherwise make available on Artorful is referred to as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Artorful. You grant Artorful a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, store, cache, display, reproduce, save, modify, transmit, adapt, post, organize, publish, perform, create derivative works and products, print, and distribute your User Content or derivative works on Artorful and through Artorful associated products, services, and distribution networks and channels for the purposes of business operation, product development, business development, revenue generation, and service delivery. You agress to Nothing in these Terms restricts other legal rights that Artorful may have to User Content, for example under other licenses.

Users can use Artorful to show, socialize, and sell their art for FREE, and keep 100% of sales if they find potential buyers through Artorful and negotiate the sales through Artorful messages.

For any original art facilitated by Artorful and then get sold, artists will keep 85% of the final sales price and Artorful will keep 15% of sales as the marketing service fee. For any derivative services (including but not limited to licensing art for print canvas, T-shirts, pillows, cups, calendars, placemats, blankets, tiles, and related merchandise items) by Artorful through Artorful distribution networks and channels, artists will be awarded 10% of sales amount in the format of Artorful money which amount is included and shown in their Artorful Wallet. Artorful money can be used by users to publish art in Artorful Magazine, promote users and associated business through Artorful Ads, and exchange for Artorful gifts or merch items when available. The currency for those dollar amount is USD$.

We reserve the right to remove, restrict, block/unblock, or modify User account and User Content, or change the way it’s used in Artorful, for any reason. This includes User Content that we believe violates these Terms or any other policies. Following deletion or restriction of your account, or if you remove any User Content from Artorful, we may keep your User Content for a reasonable period of time for backup, archival, or audit purposes. Artorful may retain and continue to use, store, display, reproduce, share, modify, post, publish, perform, create derivative works, print, and distribute any of your User Content that other users have stored or shared on Artorful. Artorful takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

If you want to use Artorful for commercial and/or promotional purposes, you must have a verified account and agree to our Terms of Service. If you do open an account for a company, organization, or other entity, then "you" includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf.

We want the content on Artorful to be high-quality and useful, so we remove spam when we find it. We ask that you be considerate of others' experiences on Artorful and don't spread spam or engage in spammy behavior.

For advertisers, authenticity means being truthful and honest about the product or service you're promoting. It also means being transparent with people about what they should expect when they interact with your product and/or service (“Product”).

Your ads should stick to our guidelines and shouldn't suggest that Artorful is sponsoring your promotion or is formally affiliated with it. Basically, your design should look like it came from your business, not from Artorful. If you charge users on a recurring basis, be transparent with them and disclose the terms of payment. We want people on Artorful to understand who's promoting content. You can't manage more than one advertiser through a single account or change the advertiser on an account. You also can't create and post arts for someone else and promote stuff from there. Instead, you can help someone else promote ads from their own account. Your ads can't infringe upon or violate the rights of any third party, including copyright, trademark or privacy rights. It's never okay to target people in a way that implies you're aware of sensitive info about them.

You can't use data you collect or receive through an Artorful ads service for any purpose (including audience targeting or user profiling) other than to understand your Artorful campaigns, and only on an anonymous basis. You can’t share data from an Artorful ads service with a third party, including another advertising service. You can’t join data from an Artorful ads service with personally identifiable information (like an email address) or information that identifies a user, browser, or device (like a cookie or mobile ad identifier). If you receive any data from Artorful tied to a unique identifier, then you can’t use it to market products or services, or for any purpose besides measuring Artorful campaigns,  and you must delete it as early as possible.

Your Ads should adhere to the highest levels of editorial quality. Your landing pages can not require people to take an action before they can see certain content unless your ad makes it clear that this is required, or have pop-up ads or start automatic downloads on someone’s device, force people to visit another page, contain primarily advertising content (made-for-ads sites), or lead to inconsistent experiences.

Your ads must reflect who you are and what you're promoting, so make sure your ad image, description and landing page are consistent. Your ads can't suggest or imply that a Product is available on your landing page if you don't actually offer that product. You're responsible for the content you promote on Artorful, as well as the safety and trustworthiness of the Product you offer. 

You can’t use Artorful ads products if it would be prohibited by US sanctions. You need to make sure your ads follow our standard ad guidelines and any country-specific guidelines. You need to follow all applicable local laws, regulations and industry codes for any area your ads will be shown in. You must also follow our terms and guidelines. These advertising guidelines apply to all parts of your promoted content, including the image, destination links, and description.

We reserve the right to reject or remove any ad that negatively affects our relationship with people on Artorful or that goes against our interests. We may also remove ads, categories of ads, or advertisers that get lots of negative feedback from people on Artorful. These rules may change at any time. 

We care about the security of our users. While we work to protect the security of your content and account, Artorful can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. Please notify us immediately of any compromise or unauthorized use of your account.

We value the feedback from our users, and are always interested in learning about ways we can make Artorful better. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Artorful doesn’t waive any rights to use similar or related feedback previously known to Artorful, or developed by its employees, or obtained from sources other than you.

Artorful may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Artorful. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from Artorful, you do so at your own risk and you agree that Artorful has no liability arising from your use of or access to any third party website, service, or content.

Artorful may block, restrict, or terminate your right to access or use Artorful for any reason with or without further notice. If you use Artorful for commercial and/or promotional purposes without agreeing to our Terms and guidelines as required, you agree to indemnify and hold harmless Artorful, our affiliates and their respective officers, directors, employees and agents, from and against any claims, suits, proceedings, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees (including costs of defense of claims, suits or proceedings brought by third parties), in any way related to your access to or use of our Service, your User Content, or your breach of any of these Terms.

Our Service and all content on Artorful is provided on an "as is" basis without warranty of any kind, whether express or implied. Artorful specifically disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising out of course of dealing or usage of trade.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Artorful SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL Artorful'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE.

For any dispute you have with Artorful, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Artorful account. If Artorful hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court. You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Artorful are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Artorful account.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Artorful ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

To the extent any claim, dispute or controversy regarding Artorful or our Service isn’t arbitrable under applicable laws or otherwise: you and Artorful both agree that any claim or dispute regarding Artorful will be resolved exclusively in accordance with Section 12 of these Terms. These Terms shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use Artorful after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please stop using Artorful. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Artorful without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Artorful shall constitute the entire agreement between you and Artorful concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Artorful's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.