ARTKIVE

Terms of Use

THESE “TERMS OF USE” APPLY TO YOU, AN INDIVIDUAL USER ACCESSING ARTKIVEAPP.COM, CARDSBYARTKIVE.COM, INTERNATIONAL.ARTKIVEBOX.COM, PHOTOSBYARTKIVE.COM, OR ANY OTHER WEBSITE OPERATED BY THE KIVE COMPANY ON WHICH YOU FIND THESE TERMS OF USE (TOGETHER, THE “WEBSITE”) OR THE ARTKIVE APPLICATION AVAILABLE ON THE APPLE APP STORE (“APP”), AND THE KIVE COMPANY (“COMPANY”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE OR APP.

THIS SUMMARIZES YOUR FINANCIAL OBLIGATIONS WHEN YOU USE OUR ARTKIVE BOX SERVICE. (PLEASE SCROLL DOWN FOR THE FULL TERMS.)

THE ARTKIVE BOX SERVICE REQUIRES YOU TO MAKE TWO PAYMENTS.
PAYMENT 1: AN INITIAL PAYMENT IS MADE AT THE TIME OF YOUR PURCHASE OF THE ARTKIVE BOX SERVICE (WHICH INCLUDES A PHYSICAL BOX FOR YOU TO SHIP YOUR ARTWORK IN AND PRE-PAID SHIPPING LABELS).
INVOICE: UPON RECEIPT OF YOUR ARTWORK, THE COMPANY WILL EMAIL AN INVOICE TO YOU BASED ON THE TOTAL NUMBER OF ITEMS YOU SEND IN YOUR ARTKIVE BOX AND THE ORDER YOU INDICATE ON YOUR ORDER FORM. PLEASE REFER TO OUR PRICING PAGE AT THE WEBSITE FOR ALL PRICING INFORMATION.

AFTER SENDING YOUR ARTKIVE BOX BACK TO THE COMPANY, IF YOU DECIDE YOU NO LONGER WANT TO PRINT OUT ANY BOOKS OR MOSAICS, YOU WILL RECEIVE A REVISED INVOICE FOR THE STANDALONE DIGITIZATION FEE.
THE STANDALONE DIGITIZATION FEE IS $45 FOR FIRST 25 PHOTOGRAPHS OF YOUR ITEMS + $1.25 FOR EACH ADDITIONAL ITEM.
ALL ITEMS SENT TO THE COMPANY WILL BE DIGITIZED AND THIS PROCESS CANNOT BE CANCELLED ONCE ITEMS ARE SENT TO THE COMPANY.
AT A MINIMUM, YOU ARE RESPONSIBLE FOR THE DIGITIZATION OF ALL ITEMS SENT TO THE COMPANY.

PAYMENT 2: YOU ARE REQUIRED TO MAKE A SUBSEQUENT PAYMENT IN THE AMOUNT OF YOUR INVOICE.
- IF YOU DO NOT MAKE A TIMELY PAYMENT WITHIN 30 DAYS OF RECEIVING YOUR INVOICE, THE COMPANY RESERVES THE RIGHT TO CHARGE YOUR METHOD OF PAYMENT FOR THE DIGITIZATION FEE NOTED ABOVE.
- IF WE ARE UNABLE TO COLLECT PAYMENT FOR AN UNPAID INVOICE, THE AMOUNT DUE SHALL ACCRUE INTEREST IN THE AMOUNT OF TEN PERCENT (10%) PER ANNUM (OR THE MAXIMUM NON-USURIOUS INTEREST RATE, IF LESSER) FROM THE DATE DUE UNTIL THE DATE PAID IN FULL AND YOU SHALL BE RESPONSIBLE FOR ALL ATTORNEYS’ AND COLLECTIONS’ FEES INCURRED BY COMPANY ALLOWED BY LAW. PLEASE NOTE THAT COLLECTIONS’ FEES ARE TYPICALLY THIRTY PERCENT (30%) OF THE UNPAID AMOUNT.

RESTRICTIONS.
The Company’s services are only intended for art, cards, and photographs. The Company will not accept potentially hazardous items including but not limited to glass, health/medical related items, teeth, hair, and items with mold or bugs. Further, the Company reserves the right to refuse items it deems offensive, including but not limited to, items that the Company deems racist, prejudiced, violent, or pornographic.
ARTKIVE BOX.
1. Two Payment Structure.
  1. The Artkive Box Service. The Company’s standard Artkive Box service includes a box and shipping label for you to use to ship your artwork to us. It does not include digitization fees, artwork return, or any other services (such as book printing), which are invoiced separately.
  2. Initial Payment. Your credit card is charged for your Artkive Box at the time of your order.
  3. Subsequent Payment. After your artwork is shipped to the Company, the Company will provide you with an invoice for the products and services you selected on your Order Form, which will be based on the actual number of photographs needed to capture your artwork. Please contact us immediately at help@artkiveapp.com if you believe that the invoice contains an error. If your invoice is not paid within thirty (30) days, you will be automatically charged for the digitization of all your items.
  4. Consult the Pricing Page. The Company urges you to consult the Artkive Box pricing page at the Company’s website prior to shipping your Artkive Box.
2. Shipping with your own shipping materials. If you ship any items to the Company in your own packaging, you acknowledge and agree that (a) you are solely responsible for any damage to contents arising from or related to your packaging and/or the shipment, (b) the Company may refuse delivery from a domestic location in its sole discretion, and (c) you may be subject to additional shipping fees when using a pre-paid shipping label generated by the Company.
3. Order Form. Each Artkive Box contains an order form. Please indicate your desired type and quantity of services on your order form and consult the pricing page on the Website to calculate the total cost of services. You may also contact us with your pricing questions.
4. Per-photograph digitization. Pricing is based on the number of photographs needed to digitize your items. If you tape or glue multiple pieces of artwork on the same page, the Company treats this as one piece of art and takes one photograph. If your artwork is double-sided, it will require at least two photographs. It is also possible that a large or multi dimensional item will require more than one photograph to reasonably capture the item.
5. Domestic purchases. If you order domestic Artkive Box books, you will be charged a book fee based on (a) the number of photographs required to capture your artwork and (b) the amount of books needed to feature all such items. Books must feature a minimum of 25 images and cannot accommodate more than 350. Additional copies of your books can be purchased for 60% of the original price for the book (not the discounted price, if applicable), which fee shall be subject to increase for additional copies purchased more than three (3) months after the original purchase. Please note: Users in Hawaii and Alaska may be responsible for additional shipping costs, which will be communicated during the checkout process.
6. International Purchases. If you order an international book, the cost is the same as a domestic book purchase, plus $33 more per book.
7. Digitization without book orders. Once any artwork is shipped to us, you acknowledge and agree that if you choose not to purchase any books or mosaics, you will be invoiced for (and are required to pay in full) the cost to professionally photograph and digitize ALL artwork you provide and:
  1. You cannot cancel or limit our photography and digitation once you ship your items to us;
  2. The minimum digitization fee is $45.00 and covers the first 25 photographs of your artwork; and
  3. If more than 25 photographs are required, in addition to the cost of the Artkive Box (if purchased) and the $45.00 minimum charge, you will be charged $1.25 per image after the first 25.
  4. For example: If you send 200 pieces of art (that can each be captured with one photograph) in your Artkive Box, and do not purchase any books or mosaics, you will be responsible for paying the current cost of the Artkive Box (which you will pay upon ordering) plus $45.00 + ($1.25 x 175) (which will be invoiced to you) = $263.75.
8. Digitization with a book order. For any image you elect not to include in your book order, you will be charged a digitization fee of $1.00/image.
9. Automatic charge. If you do not pay your invoice within thirty (30) days, you will be automatically charged the digitization fee ($45 for the first 25 photographs + $1.25 for each additional photograph) for all artwork sent to the Company. If you believe that you were charged in error, please contact us immediately at help@artkiveapp.com.
10. Failure to ship the Artkive Box to the Company. The Artkive Box is not intended as a standalone item. However, if you do not ship your artwork to the Company, you will not be invoiced for digitization, a book, or mosaic, except to the extent you pre-paid for such service(s). If you would like to ship your artwork to us after the one-year anniversary of your Artkive Box purchase, you may ship it at your own costs or contact us for a new return label. If shipping costs have increased, you are responsible for covering any increased shipping costs incurred by the Company in providing a new return label.
11. Oversized Items. If you wish to include your own photographs or Company photographs of items that do not fit in an Artkive Box, please contact the Company to discuss your options.
DOMESTIC CARDS BOX AND PHOTO BOX SERVICES.
1. Flat Fee Structure. The Company offers domestic flat fee Cards Box and Photo Box services for card and photo books, which include a box, shipping labels, digitization, and a book of all cards or photos sent to the Company in the box provided. Your credit card will be charged at the time of your order.
2. Limitations.
  1. These services are limited to cards and photographs, as applicable. If you include art or non-card or photo items, as applicable (each a “non-permitted item’), you will be charged a digitization fee of $1.25 for each non-permitted item included in the box.
  2. If you include envelopes or letters, these items will not be digitized unless you and the Company have otherwise agreed in writing.
  3. If you ship your items to the Company in your own packaging, you acknowledge and agree that (a) you are solely responsible for any damage to contents arising from or related to your packaging and/or the shipment, (b) the Company may refuse delivery in its sole discretion, (c) you may be subject to additional shipping fees when using a pre-paid shipping label generated by the Company, and (d) you will be subject to additional fees if the contents do not fit in the Company designated boxes in your Cards Box or Photo Box order.
3. Additional Charges. If you are subject to additional fees, the Company will provide you with an invoice. The Company reserves the right to automatically charge you if you do not pay your invoice within thirty (30) days. If you believe that you were charged in error, please contact us immediately at help@artkiveapp.com.
4. Oversized items. If you wish to include your own photographs or Company photographs of items that do not fit in the box provided, please contact the Company to discuss your options. Typically, the Company can accommodate up to ten (10) of your own images in flat fee book orders.
MOSAIC PURCHASES.
If you order a domestic mosaic for not-yet-digitized art/cards/photos without ordering a book, you will be charged the applicable mosaic fee, based on 9 or 25 image mosaic, and $1.25 for the digitization of each art/card/photo item that was not included in the mosaic. Please note that the digitization process may result in more images than items if you provide double-sided or large items.
ADD-ON AND DIY PURCHASES.
If you order (a) a mosaic as an add-on to your book order or for images that have already been digitized, or (b) a Do-It-Yourself (DIY) book for images that have already been digitized, you will be charged the applicable add-on or DIY fee, which is less than the standard pricing that includes digitization.
PRE-PAID BOOKS AND INTERNATIONAL CARD AND PHOTO BOOK PURCHASES.
The Company offers certain domestic pre-paid book options and international card and photo book service that digitizes a set number of items and creates a book of all such items shipped to the Company in your own packaging. The service does not include a box or shipping label for the shipment of your items to the Company, but does include the cost of shipping the book to you. If you send more than the set number, you will be charged for an additional book service for each additional increment of the set number of items covered by the service. For example, if you order a 60-page book but send items that are digitized into 100 images, you will be invoiced for one additional book (two books total). If you include envelopes, the envelopes will not be digitized unless you and the Company have otherwise agreed in writing. Please note that the digitization process may result in more images than items if you provide double-sided or large items. If a service is labeled for Cards or Photos, and you include art in your shipment or non-permitted items, you will be charged a digitization fee of $1.25 per photograph and such art and/or non-permitted items will not be included in the book.
ART/CARD/PHOTO RETURN.
The Company does not return your art, cards or photos unless you purchase a return service. If you did not explicitly purchase the Company’s return service during your initial purchase, the Company will provide you with fifteen (15) days’ notice, to the email address you provided on your order, before your art/cards/photos are destroyed. You must place an order for the return of your art/cards/photos prior to expiration of the notice period.
NON-STANDARD HANDLING CHARGES MAY APPLY.
Additional fees may be assessed for non-standard handling, such as restoration and/or manipulation efforts. For example, if your art/cards/photos are compromised with tape, glue, or another material, the Company may need to restore or manipulate the items in order to digitize them. In such cases, the Company reserves the right to assess, and invoice you for, reasonable additional fees.
MEMBERSHIP.
If you have purchased a membership that is charged annually, after your initial payment, you will be automatically charged on each anniversary of your membership. Likewise, if you have purchased a membership that is charged monthly, after your initial payment, you will be automatically charged on each monthly anniversary. You will receive 30 days’ notice of any membership rate changes that apply to you. Except for a pro-rata refund that will be provided to you in the event Company terminates your membership for convenience, Membership fees are non-refundable. Please contact us at help@artkiveapp.com.com regarding membership termination, which we will work in good faith to process before your next automatic billing date.
COLLECTIONS.
If we are unable to collect payment for an unpaid invoice, the amount due shall accrue interest in the amount of ten percent (10%) per annum (or the maximum non-usurious interest rate, if lesser) from the date due until the date paid in full and you shall be responsible for all attorneys’ and collections’ fees incurred by Company allowed by law. Please note that collections’ fees are typically thirty percent (30%) of the unpaid amount.
ACCESS TO YOUR DIGITIZED ART.
Once your art has been digitized and the Company has received payment in full, you will receive access to the digitized photographs in your account. Access to the digitized photographs expires (i) three (3) months from the date you received access, or (ii) three (3) months from the date your book or mosaic is printed, if applicable. To preserve your access to the digitized items longer, you may order a USB drive of your items from the Company, purchase a bulk download, or a Membership. Subject to its right to revoke access and/or delete the photographs in its sole discretion with thirty (30) days’ notice, the Company provides access to up to 39 pieces of art on a complimentary basis.
DIY DISCLAIMER
If you choose to use your own digital images rather than the Company’s digitization service for a book or mosaic, please note that the examples on the Company’s website are representative of books and mosaics created with professionally photographed and edited images and that your book and/or mosaic may not result in the same level of quality.
ARTKIVE BOX, FLAT FEE BOOK, USB, AND ART RETURN CANCELATION
So long as the Company has not processed your order, you may cancel your Artkive Box, flat fee book, USB purchase and/or art return purchase within one (1) business day. Please contact help@artkiveapp.com to inquire about cancelation. Upon cancelation, you will be refunded the amount you paid less a $5 cancelation fee.
BOOK AND MOSAIC CANCELATION
Once you approve your proof, your book and/or mosaic can no longer be cancelled and is non refundable. Prior to proof approval, you may cancel your book or mosaic subject to (A) payment of the digitization fee for any artwork provided to the Company that were not previously digitized, and (B) a $25/proof processing fee if a proof was already provided. Please contact us at help@artkiveapp.com to process your cancelation request.
PROTECTION PACKAGES.
From time to time, the Company many provide users the opportunity to purchase certain storage, warranty, and shipping protection packages. The terms of such packages will be communicated to you prior to your purchase. For all such warranty and protection packages, you acknowledge and agree that your failure to provide any photographic or other evidence reasonably required by the Company may result in the Company’s denial of your warranty or protection claim. If you have purchased a package that is charged monthly, after your initial payment, you will be automatically charged on each monthly anniversary. Likewise, if you have purchased a package that is charged annually, and automatically renews, after your initial payment, you will be automatically charged on each anniversary. You will receive 30 days’ notice of any rate changes that apply to you. Except for a pro-rata refund that will be provided to you in the event Company terminates your package for convenience, package fees are non-refundable. Please contact us at help@artkiveapp.com regarding termination, which we will work in good faith to process before your next automatic billing date.
CREDITS
Credits you receive through a referral program or memberships can typically be applied to book purchases, mosaics, and the second payment of Artkive boxes, but other restrictions may apply. Credits have no cash value and are non-transferrable. Please note that credits expire automatically on the one (1) year anniversary of your receipt of each credit.
REFERRAL AND OTHER PROGRAMS
From time to time, the Company may provide users the opportunity to participate in certain programs in exchange for certain perks, such as credits. These programs are only valid for so long as they are marketed on the website, or for thirty (30) days if they have been communicated to you via email. For referral programs, all referred persons must be new customers and use your referral link or code to qualify. If a referred customer cancels an order, your perk/credit will be rescinded. Benefits you receive expire automatically on the one (1) year anniversary of your receipt but may also be terminated by the Company with thirty (30) days’ notice.
USER REPRESENTATIONS, WARRANTIES AND LIMITATIONS.
1. Representations and Warranties. User represents, warrants, and covenants the following: (a) User shall not use its account to breach the security or gain access to the account of any other User and (b) These Terms of Use, upon use of the Services, will be valid, binding, and enforceable in accordance with its terms with respect to User.
2. Limitations:
  1. Users must be at least eighteen (18) years old to access the Website and App services. If you are not at least eighteen years old, you are not permitted to access the services for any reason.
  2. Users may not circumvent any technological measures or features of the Services that are intended to or effectively control access to the Services, or any other protected content or information included in the Services.
  3. The Website may contain robot exclusion headers. User agrees to not use any robot, spider, crawler, scraper, or other automated means to access the Website for any purpose without the Company's express prior written consent.
  4. User further agrees to not interfere or attempt to interfere with the proper working of the Website or App or any activities conducted on the Website or App.
  5. The Company reserves the right to refuse the use of or access to any Company Services for any User for any reason in the Company's sole discretion.
3. LICENSE AND TERMINATION
  1. The Company hereby grants to all Users a revocable, limited, non-assignable, non sublicensable, nonexclusive license for the duration of User’s current viewing session to access, view and use the Website and App, upload and access a limited number of art/cards/photos, and purchase the purchase Company products and services, subject to the limitations set forth in these Terms of Use.
  2. The Company hereby grants to Company members a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to use the Website and App, to upload, access and share an unlimited amount of art/cards/photos, and access other membership benefits, for the duration of the membership period, subject to the limitations set forth in these Terms of Use.
  3. The Company hereby grants to purchasers a revocable, limited, non-assignable, non sublicensable, nonexclusive license to access such purchaser’s art/cards/photos as set forth in Section 1(E), subject to the limitations set forth in these Terms of Use.
  4. The licenses granted in subsections (A)-(C) above may be terminated immediately and without notice by the Company. All rights not expressly granted in these Terms of Use are reserved. User agrees that the license granted in these Terms of Use is personal to User, and User may not assign or transfer any license granted under these Terms of Use or transfer any rights or delegate any duties under these Terms of Use, to any third party. Any attempt to assign, transfer, or delegate any of User's rights, duties, or obligations under these Terms of Use shall be void. User shall indemnify and hold Company harmless for any unauthorized use of the services.
INTELLECTUAL PROPERY; CONFIDENTIAL INFORMATION
1. Company IP. User acknowledges and agrees that the trademarks of the Company, including but not limited to the logo and “ARTKIVE” wordmark (the “Marks”), the Website, the App, the look and feel of and content made accessible by the Website and App, and all newsletters, Company communications and Company social media posts (“Other Company IP”), to the extent protectable, are proprietary, original works of authorship of the Company, or licensors of the Company, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. User further acknowledges and agrees that (i) all right, title and interest in and to the Marks and Other Company IP and shall remain with the Company, or its licensors, and (ii) it will not contest or infringe these rights, directly or indirectly, at any time. User also acknowledges and agrees that if it sends the Company any ideas or suggestions relating to the Website, App, services and Company, such ideas shall become property of the Company, and we will not be subject to any obligation of confidence nor liable for any use or disclosure of any submission. Please refrain from sending us any original creative ideas, suggestions, or materials, particularly those that are confidential or personal to you.
2. Confidential Information. User understands that the tools, processes, strategies, materials, and information presented within the Services are copyrighted and proprietary, so User agrees not to record, duplicate, distribute, teach, or train from our information in any
3. User Content.
  1. Company license to user to provide services. Upon uploading or posting photographic images, videos or any descriptive text about a photograph or video within our App or on any Company Instagram, Facebook, or social media page (“User Content”), User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty free license to display the User Content in connection with Company's provision of the services. Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party.
  2. Option to grant permission to publish and distribute. In the event Company has requested permission from a User to publish and distribute any specific User Content, immediately upon User's confirmation that permission is granted, User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty-free license to use, copy, sublicense through multiple tiers, publish reproduce, prepare derivative works distribute and display such User Content and any derivative works thereof. Revocation of such license shall not apply to Company's use of the User Content to provide the User with use of the Company services or to any Company uses of the User Content prior to the revocation.
  3. User Representations. User represents and warrants to the Company with respect to the User Content that the User Content, and the license of rights in and to the User Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party, and that posting any User Content will not violate any applicable laws, rules, or regulations. User shall indemnify and hold harmless the Company, and its officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney's fees and costs, arising out of or connected with any claim that the User Content or any portion of the User Content infringes the rights of any third party or any other damages arising from any use of, or reliance upon, the User Content by a third party, including but not limited to other Users of these services. User Content includes but it not limited to all data and content, including without limitation, all photographs, images, graphics, video recordings, drawings, written descriptions, remarks, and narratives submitted by Users to the Company.
DISCLAIMERS; LINKS TO THIRD PARTY WEBSITES; INTERRUPTION TO THE SERVICES
1. No Warranties. THE LICENSE GRANTED TO USER UNDER THESE TERMS OF USE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY NATURE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Company makes no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Company does not warrant that (i) the content is accurate, reliable, or correct, (ii) the services will be available at any particular time or location, (iii) any defects or errors will be corrected, or (iv) the content is free of viruses or other harmful components. Your use of these services is solely at your own risk. Where any such exclusion of warranties is not permitted in your jurisdiction, such exclusion does not apply to you.
2. Not Responsible for Typographical Errors. THE COMPANY HAS MADE EVERY EFFORT TO DISPLAY ITS PRODUCTS AND SERVICES AND OTHER THINGS YOU SEE ON THE WEBSITE AND APP AS ACCURATELY AS POSSIBLE. THE WEBSITE AND APP MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. THE COMPANY IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS AND YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT ENTITLED TO ANY BENEFITS THAT ARISE FROM SUCH AN ERROR.
3. Third Party Sites. In the event you elect to participate in any third-party promotions or engage in third party services that may have been introduced by or otherwise promoted on the Website, App or a Company communication, any correspondences or participation with such third parties, including the delivery of and the payment for products, services, or content, are solely between you and each such third party. Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link to a third-party website.
4. Interruption to Website and Application. Access to the Website and App services and their functions may from time-to-time be unavailable to User, whether because of technical failures or interruptions, intentional downtime for service or changes to the services, or otherwise, all of which are outside of the control of the Company. User agrees that any modification of the services, and any material interruption or unavailability of access to the services caused by third parties shall not constitute a default of any obligations of the Company under these Terms of Use, and, the Company shall have no liability of any nature to User for any such modifications, interruptions, unavailability, or failure of access. In the event the User experiences a material interruption or is unable to access content, please contact Company at: help@artkiveapp.com
LIMITATION OF LIABILITY
1. THE COMPANY'S ENTIRE AND CUMULATIVE LIABILITY TO USER, OR ANY OTHER PARTY, FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE SERVICES OR CONTENT SHALL NOT EXCEED AN AMOUNT EQUAL TO $50.00 OR THE AMOUNT PAID FOR A PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE.
2. WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
3. ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID DATA AND INTERNET INTERRUPTIONS, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
4. ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID DAMAGE TO ART/CARDS/PHOTOS PROVIDED TO COMPANY, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS THAT ARISE FROM NORMAL WEAR AND TEAR, THE FRAGILE CONDITION OF THE ART/CARDS/ PHOTOS PROVIDED, OR COMPANY’S NEGLIGENCE.
CONSUMER AND DEFAMATION NOTICES
1. Notification of Potential Infringement. If any User believes its copyright, trademark or other property rights have been infringed by any content included or posted within the services, User should immediately send a notification to the Company's designated agent (“Designated Agent”), as identified below. To be effective, the notification must include: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iv) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit the Company to locate the material; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), the Company's Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be: Ruth McKee, Artkive, 15800 Arminta Street, Van Nuys, CA 91406.
2. California Residents. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
  Notification of Consumer Rights Complaint or Pricing Inquiry: 3505 The Alameda, Santa Clara, CA 95050.
  You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
3. Defamation; Communications Decency Act Notice. This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for third-party content, or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
MISCELLANEOUS
1. Changes to Terms of Use. The Company reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting revised Terms of Use on the Website or App. By using the Website or App after the Company has posted any modifications, updates or revisions, User agrees to be bound by such revised Terms of Use. In addition to these Terms of Use, additional terms may govern use of certain materials and events associated with the Company and services, and User agrees to be bound by such terms.
2. Choice of Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of California.
3. Arbitration. Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and the Company agree that any controversy, claim, action, or dispute in any way related to your use of any Website, the App, any purchase from Company, or to any products or services sold or distributed by the Company (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).
  1. Either party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent via email. Emails to the Company shall be sent to: help@artkiveapp.com.
  2. To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and the Company agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and the Company expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.
  3. Instead of arbitration, to the extent required by law, either you or the Company may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.
  4. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website https://www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in Los Angeles County.
  5. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and the Company agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and the Company hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
  6. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of California. The terms of the Arbitration Agreement provisions shall survive after your relationship with the Company and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
4. Injunction and Equitable Relief. The Company and User agree that a breach or violation of many of these Terms of Use will result in immediate and irreparable injury and harm to the Company, where, in addition to any and all remedies of law and other consequences under these Terms of Use, Company shall have the right to an injunction, specific performance or other equitable relief to prevent the violation of the obligation under these Terms of Use.
5. No Waivers. The waiver by either party of, or the failure of either party to take action with respect to, any breach of any term, covenant or condition contained in these Terms of Use shall not be deemed to be a waiver of such term, covenant or condition, or subsequent breach of the same, or any other term, covenant or condition contained in these Terms of Use.
6. Attorneys’ Fees. If any action is brought by either party against the other party regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, costs, and expenses of arbitration.
7. Severability. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate or make unenforceable any other provision of these Terms of Use.