Terms of Service
Become a part of the Giving Arts family and our important mission.
Terms of Service
Giving Arts LLC
Glendale, Arizona
Last Updated: September 14, 2021
Thank you for using Giving Arts! Before using or accessing our platform, please read this Terms of Service (the “Terms of Service”) carefully. This document is a legally binding contract between Giving Arts and you, the User (as defined below), for the use of the applications, software, products and services provided by Giving Arts (collectively, the “Service”) and as such, we have tried to make it as clear as possible. In addition to the full legal terms and text, we have provided short non-binding summaries with each clause. These summaries do not aim to replace or misrepresent the full text.
Definitions
Summary: These terms are used throughout this Terms of Service and it’s important that you understand what we are referring to when we use them.
Terms not defined in this section shall have the meaning provided elsewhere in the Terms of Service.
- “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service,”) and all other operating rules, policies, including Giving Arts Privacy Policy and Giving Arts Intellectual Property Policy, and procedures that we may publish from time to time on the Website including but not limited to Shipping, Payments, and Returns.
- “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website
- “Customers” refers to individuals or entities that purchase our products
- “Orders” refer to Your Products once they have been purchased by you
- “Produced Orders” refer to Orders that have been completed and shipped.
- “Products,” refers to all products available on our Website including, but not limited to Wall Art, Home Décor, Lifestyle Products, Stationery, and Apparel
- “Providers,” refers to the manufacturers and companies that Giving Art partners with in the scope of its Service to offer Products to You.
- “Us” and “We” refers to Giving Arts LLC., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
- “User,” “You,” “Your” refers to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions.
- “User-Generated Content” is Content, written or otherwise that is created or uploaded by our Users.
- “Website” refers to Giving Art’s website located at givingarts.org, and all content, services and products provided by Giving Arts through the Website.
A. General
- When You use Our Services and Content, You are agreeing to:
- Our Terms of Service
- Our Privacy Policy
- Our Intellectual Property Policy
- Any other terms or policies we reference below.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Agreement constitutes the entire understanding between Giving Arts and You pertaining to the subject matter hereof, and supersedes any and all prior oral or written understandings or agreements between Giving Arts and You in relation to the access to and use of the Service.
- If any provision of these Terms of Service are held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
B. When Do These Terms Apply?
Summary: By using Giving Arts, you are agreeing to all the terms below.
By using the Service, You acknowledge that You accept and agree to be bound by these Terms of Service.
C. Can These Terms Be Modified?
Summary: We can change these Terms of Service at any time and will notify you of any changes.
Giving Arts reserves the right to revise the Terms of Service from time to time and the most current version will always be posted on our Website. If a revision, in our sole discretion, is material we will notify You. The “Last Updated” date at the top of the Terms of Service reflects the date of the last modification. Your use of the Service following the effective date of any modifications to the Terms of Service will constitute your acceptance of such modification. If You do not agree to the new Terms of Service, You should cancel your Artist Agreement.
D. What Is the Scope of Giving Arts’ Services?
Summary: Giving Arts is an online that markets and sells Wall Art, Home Décor, Lifestyle Products, Stationery, and Apparel. Giving Arts sells our products through a dynamic Fundraiser Program that supports Non-Profit Organizations by donating 50% of all net profits from their Donor and Supporters purchases.
If You choose to purchase Giving Arts Products, or sign an Artist Agreement allowing Giving Arts to market and sell your art/designs on their products, your relationship to Giving Arts is limited to being that of a consumer or vendor and not an employee, agent, joint venturer, or partner of Giving Arts for any reason. You act exclusively on your own behalf and for your own benefit, and not on behalf or for the benefit, of Giving Arts.
While We facilitate the resolution of disputes and provide necessary guidelines for the call our policies and procedures, Giving Arts has no control over and does not produce your product. We contract other manufacturers to produce your products and ship them directly to you.
Giving Arts may give You access to link to various external resources or third-party services (“Third Party Sites”). Giving Arts does not endorse any of these Third Party Sites and does not control them in any manner. These Third Party Sites may be governed by their own terms of service and policies. Giving Arts is not liable or responsible for the accuracy of such services or their content, or products, and You need to take appropriate steps to determine whether accessing a Third Party Site is appropriate, and to protect Your personal information and privacy on such Third Party Site.
Due to the nature of the Internet, Giving Arts cannot guarantee uninterrupted access and availability of the Giving Arts Service. We reserve the right to restrict the availability of our Service or certain features if necessary in view of capacity limits or the integrity of our servers. We also reserve the right to restrict access when performing maintenance measures to ensure the proper working and functioning of the Giving Arts Service. Giving Arts can improve or modify its Service and may introduce new offerings from time to time.
E. Who Can Access Giving Arts and use the Service?
- You must be at least 18 years old and able to access and use the Service. By accessing and using our Service, you represent and warrant that you are 18 years of age or older and have the legal capacity and authority to enter into a contract.
- If you open an account on behalf of a company, organization, or other entity, then “You” includes you and that entity, and You represent and warrant that You are authorized to grant all permissions and licenses provided in this Terms of Service and bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity’s behalf.
- The access to or use of certain areas and features of the Service may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms of Service and the terms and conditions applicable to a specific area or feature of the Giving Arts Service, the more specific terms and conditions will apply, unless specified otherwise.
- You understand and agree that You are responsible for paying any and all applicable taxes that may be due as a result of your purchases.
F. What are the Rules for Creating and Maintaining a Giving Arts Account?
- To create a Giving Arts Account You may be required to provide Giving Arts with certain personal information, which may include your full legal name, current address, phone number, email address, and payment information. This information will be held and used in accordance with Giving Arts’ Privacy Policy. You agree that You will supply accurate and complete information to Giving Arts, and that You will update that information promptly after it changes. You further agree that:
- You shall not create an account or access the Service if You are under the age of 18;
- You shall not have more than one account at any given time, and shall not create an account using a false identity or information, or on behalf of someone other than yourself or your entity, which has provided you authorization to create the account on behalf of it;
- You shall not have an account or use the Service if You have been previously removed by the Company;
- We may reject your registration or cancel an existing registration for any reason at our sole discretion.
- We will use the email address you provide as the primary method of communication.
- Any harassment or insult towards Giving Arts Team may result in immediate account termination.
- You are solely responsible for keeping your account credentials secure and you may not disclose your credentials to any third party. You must immediately notify Giving Arts if you have any reason to suspect that your credentials have been compromised, lost or stolen or in the case of any actual or suspected unauthorized use of your Giving Arts Account. You are solely responsible for any and all activities performed through your Giving Arts account. Giving Arts will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify the Company about unauthorized use of your account or breach of your account information or password.
- Giving Arts expressly disclaims any and all liability arising from revocation, cancellation, or suspension of your account for any reason. Your account and registration will terminate immediately upon your breach of any of the terms herein.
G. What Are Your Rights to Content on Giving Arts?
- Giving Arts Artists own all copyright rights to their own images placed on our products and return receive 10% of all Retail Sales of such products. If it is an original work of art sold the Artist still retains copyright to that image and receives 50% of the Retail Sale.
- Giving Arts allows You to provide us images of your work to be placed on our products. Anything that we put on the Products remains Your Content. You retain all rights in, other than the rights expressly granted to Giving Arts below and any other that you may grant to us in writing
- You represent that any images you send us to be placed on our products are created entirely by you and that you are the copyright holder to that image.
- By using the Giving Arts Service, You grant Giving Arts a non-exclusive, transferable, sublicensable, royalty-free, and worldwide license to use your image on our products only for the sole purpose of the marketing and selling of products featuring your art on our Giving Arts website.
- You may not resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Service.
- You may not modify, reverse engineer, decompile or disassemble the Service
- You may not copy, adapt, alter, modify, translate, or create derivative works of the Service without written authorization of Giving Arts.
- You may not permit other individuals to use the Service, including but not limited to shared use via a network connection, except under these Terms of Service.
- You may not circumvent or disable any technological features or measures in the services that are designed for protection of intellectual property rights.
- You may not use the Service in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction.
- You may not use or access the Service to compile data in a manner that is used or usable by a competitive product or service.
- You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone.
- You shall not use your Account to engage in any illegal conduct.
- You shall monitor your Account to restrict use by minors, and You will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of the Service by minors in connection with your Account and You are responsible for any use of your credit card or other payment instrument by minors.
- Giving Arts may use its discretion to remove Your Content from our Service, at any time, with or without prior notice to you, if it violates any of our Terms of Service or policies or is reported to be infringing on intellectual property rights of others. In addition to intellectual property concerns, Content that contains any of the below is prohibited and may also lead to termination of Your account.
- Child Exploitation: You may not post or upload Content that exploits or abuses children, including but not limited to images or depictions of child abuse or sexual abuse, or that presents children in a sexual manner.
- Harassment, Bullying, Defamation and Threats: You may not post or upload Content that harasses, bullies, defames or threatens a specific individual.
- Hateful Content: You may not post or upload Content that condones or promotes violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.
- Illegal Activities: You may not post or upload Content that facilitates or promotes activities that go against the laws of the jurisdictions in which you operate or do business.
- Intellectual Property: You may not post or upload Content that infringes on the copyright or trademarks of others.
- Personal and Confidential Information: You may not post or upload any Content that contains personally identifiable information sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.
- Self-Harm: You may not post or upload Content that promotes self-harm.
- Terrorist Organizations: You may not post or upload Content that implies or promotes support or funding of, or membership in, a terrorist organization.
H. How Does Giving Arts Handle Order Issues?
- Giving Arts does not hold any inventory and does not perform any of the product manufacturing itself. Other than issues caused by technical error, we are not responsible for the quality and outcome of Produced Orders. The quality of the production is dependent on the selected manufacturer for the production of a particular product. However, if your order has issues, steps for resolution are listed in our Return Policy.
- The Giving Arts Team handles all conflict resolution on behalf of our customers. Users agree to contact Giving Arts for all conflict resolution.
- After investigating Your issue, if the Giving Arts Team determines that your Product is faulty, Your Orders will be submitted for either reprint or replacement. Refunds are only provided if a subsequent reprint or replacement is also found to be faulty by our Giving Arts team.
- Giving Arts does not give refunds for orders that have been shipped without tracking until they are verified to be lost.
- If an order is returned due to an incorrect address, the User will be contacted by Giving Arts to arrange a reshipment. The User will be liable for the reshipment costs once an updated address is provided and confirmed. Otherwise, packages will be donated after four weeks if Giving Arts is not provided with a valid address for the reshipment. Reshipment costs include the original shipping cost of the product and a service fee of $4. The service fee covers any Charge On Delivery (C.O.D) fees that we get charged by the fulfillment operator and handling fees.
- If an order has not been delivered in 30 calendar days (for domestic US or regional EU orders) or in 45 calendar days (for international orders), merchants should contact Giving Arts within 1 week in order to be eligible for a reprint/refund.
I. Can You use Giving Arts Logo and Name?
Giving Arts and www.givingarts.org and other Giving Arts graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, or trade dress of Giving Arts that may not be used in connection with any Product or service without the prior written consent of Giving Arts. The images and icons available in our brand and press kit may be used by partners and third party sites as long as the appropriate links to the Giving Arts Website are included. Giving Arts reserves the right to request removal of Your use of the images at any time.
J. Limitation of Liability
- You agree to indemnify and hold Giving Arts and, its parent, subsidiaries, affiliates, partners, and Providers, 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 your violation of any law or the rights of a third party.
- Warranty Disclaimer. Giving Arts controls and operates the Service from various locations and makes no representation that the Service is appropriate or available for use in all locations. Services may not be available in Your location or may vary across locations.
K. What if I have Legal Issues with Giving Arts?
- If a dispute arises from or relates to these Terms of Service, You agree to first contact Giving Arts to attempt to resolve the issue. If the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to the Terms of Service shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
- To the extent any claim, dispute or controversy regarding Giving Arts or our Service isn’t arbitrable under applicable laws or otherwise, You and Giving Arts both agree that any claim or dispute regarding Giving Arts will be resolved in the State where Giving Arts holds its place of business.
- Product Pricing – Giving Arts reserves the right to change the retail price of products at anytime based on competitive pricing, promotional sales, or discount offers.
- Cancellation – Artists may terminate their Artist Agreement at any time by providing a 30 Day Written Notice to Giving Arts. Giving Arts may terminate an Artist Agreement at any time if the Artist violates any of their Terms of Use or any other Giving Arts policies.
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