Terms of Service

ARBITRATION NOTICE: By using ARTSGAZEe's services, you agree that any disputes between you and ARTSGAZE will be resolved through binding, individual arbitration. You waive any right to participate in a class-action lawsuit, class-wide arbitration, or a trial by jury. Further details, including how to opt out of arbitration, are provided below.

EXPORT CONTROLS NOTICE: By using this service, you confirm that you are not located in a sanctioned country or are a "Sanctioned Person," as defined by U.S. law.

I. INTRODUCTION

ARTSGAZE’s Services: ARTSGAZE ("ARTSGAZE " or "we" or "us" or "our") provides a platform where artists ("Artists") can showcase, promote, and sell their artwork, and customers ("Customers") can browse and purchase products made from these artworks ("Products"). This includes our website, mobile applications, and any other services offered (collectively, the "Services").

Binding Agreement: By accessing and using our Services, you enter into a binding agreement with ARTSGAZE, which includes: (a) these terms and conditions ("Terms"); (b) our Privacy Policy; (c) our Copyright and Trademark Policy; (d) the terms and conditions governing artist plans; (e) any other linked terms, conditions, or policies; and (f) all other rules, policies, and procedures related to the Services that we may publish periodically.

Authority to Bind: If you accept these Terms on behalf of a company or other legal entity, you confirm that you have the authority to bind that entity to these Terms.

Modification of Terms: We reserve the right to modify these Terms at any time and without prior notice. Modifications will be posted, and your continued use of the Services indicates your acceptance of the revised Terms.

Service Modifications: We reserve the right to modify, discontinue, or update the Services at any time, with or without notice. However, we are not obligated to update, store, maintain, or correct any content or information submitted to the Services.

18+ Only Services: The Services are intended solely for individuals who are 18 or older. By using the Services, you represent and warrant that you are 18 or older.

II. ACCOUNTS

Account Registration: To use certain parts of the Services, you must create an account by providing accurate, current, and complete information. ARTSGAZE reserves the right to suspend or terminate your account if any information provided proves to be inaccurate, not current, or incomplete.

Password Security: You are responsible for safeguarding your password. Any activities or actions under your account are your responsibility, and you must notify us of any unauthorized use of your account.

Account Information Disclosure: ARTSGAZE reserves the right to access, retain, and disclose your account information if required by law or if we have a good faith belief that such access is necessary to enforce these Terms or protect the rights, property, or personal safety of our company, users, or the public.

Account Termination: We may suspend or terminate your account at our sole discretion. If your account is terminated, any rights and licenses granted to you will cease immediately.

III. USER CONTENT & ACCEPTABLE USE

Content Usage: By posting content on ARTSGAZE, you grant us a worldwide, nonexclusive, royalty-free license to use, reproduce, distribute, and display your content for promoting ARTSGAZE and its services.

Content Ownership: You represent and warrant that you own or have the necessary rights to the content you upload and that it does not infringe on any third-party rights.

Content Restrictions: You agree not to post any content that is offensive, obscene, defamatory, or illegal. ARTSGAZE reserves the right to remove any content that violates these Terms or is deemed harmful.

Prohibited Uses: You are prohibited from using the Services to engage in any illegal activities, harassing others, spamming, hacking, or scraping data. Any violation may result in the immediate termination of your account and potential legal action.

IV. ARTIST TERMS AND CONDITIONS

Artist Plans: Artists are required to select a subscription plan to upload their works. Artists retain ownership of their works but grant ARTSGAZE the rights to use and promote their works as described in these Terms.

Work Submission: Artists may only submit works they own or have the right to use. Artists warrant that the works do not infringe on any third-party rights.

Intellectual Property for Merchandise: Any merchandise created by ARTSGAZE that incorporates an Artist's work is considered a joint creation, with intellectual property rights co-owned by both the Artist and ARTSGAZE.

Continued Use of Works: Even if you remove your work from the Services, ARTSGAZE may continue to use your work for promotional purposes for a limited period.

V. CUSTOMER TERMS AND CONDITIONS

Order Acceptance: All orders are subject to acceptance by ARTSGAZE. We reserve the right to impose quantity limits, reject orders, or discontinue products without notice.

Shipping and Taxes: Applicable taxes and shipping charges will be shown at checkout. Shipping charges include estimated rates for packaging and handling.

Returns: Purchases are subject to ARTSGAZE’s return policy, which allows returns within 30 days under certain conditions.

VI. DATA PROTECTION AND PRIVACY

Data Protection: Your personal data will be handled, stored, and protected in accordance with our Privacy Policy. You have rights regarding your data, including access, correction, and deletion, as outlined in our policy.

VII. DISPUTE RESOLUTION

Governing Law and Venue: These Terms are governed by the laws of the State of New York. All disputes will be adjudicated in a state or federal court in New York.

Informal Resolution: Parties agree to attempt to resolve disputes informally before pursuing arbitration or legal action.

Arbitration Agreement: Disputes that cannot be resolved informally will be resolved through binding arbitration. Class actions and class arbitrations are not permitted.

Opt-Out of Arbitration: You may opt out of arbitration by notifying ARTSGAZE within 30 days of your first use of the Services.

VIII. ADDITIONAL TERMS

Confidentiality: All terms and conditions of agreements between Artists and ARTSGAZE must remain confidential. Any breach of confidentiality will result in liability for damages.

User Responsibilities: Users must act responsibly when using the Services. Prohibited behavior includes harassment, spamming, and illegal activities. Violation of these responsibilities may result in account termination.

Termination of Service: ARTSGAZE reserves the right to terminate or restrict access to the Services for any user who violates the Terms.

Limitation of Liability: ARTSGAZE’s liability is limited to the maximum extent permitted by law, and ARTSGAZE is not liable for any indirect, incidental, or consequential damages arising from the use of the Services.

Force Majeure: ARTSGAZE will not be liable for any delays or failures in performance due to causes beyond our control, such as natural disasters, war, or labor strikes.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in effect.

Entire Agreement: These Terms constitute the entire agreement between you and ARTSGAZE and supersede all prior agreements.

Contact: For questions about these Terms, please contact us at contact@artsgaze.com