Thank you for using Artmatcher! We look forward to helping you find your perfect match. But before we begin, we need to take care of a few housekeeping matters, – those annoying things called terms and conditions. Be assured that these are for your protection, as well as ours.
These Terms and Conditions of Use (“the Terms” for short) establish a legally binding, contractual relationship between you and Artmatcher (Artnado, LLC, doing business as Artmatcher). This ensures that we are all on the same page and know what is expected from each party. So, in order to access our app, you absolutely, in no uncertain terms, must agree to each and every condition, AND, you actually must read them! We know – you don’t want to; but it will be worth it. Now, we must get all legal on you and let you know the following:
1. AUTHORIZATION
YOU ARE NOT AUTHORIZED TO USE THE ARTMATCHER MOBILE APP IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS! BY ACCESSING THE APP, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS IN THEIR ENTIRETY. We may periodically modify or change these Terms at any time, without prior notice and without any liability for damages or loss. The changes will become effective upon posting. Your initial and subsequent use of the app will constitute consent to the most recent version of the Terms.
2. ACCESS
As another condition of access, YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE THE APP. If you are younger than 18, you may access the app with the permission and supervision of your parent or guardian. The app may contain nudity, offensive material or adult-themed content that is not suitable for minors. In fact, the app may contain material that is offensive to adults, so below is our warning.
3. TRIGGER WARNING
THIS APP CONTAINS MATERIAL THAT SOME MAY FIND TO BE OFFENSIVE, SEXUALLY EXPLICIT, POLITICALLY INCORRECT, INAPPROPRIATE, OR OTHERWISE DISTURBING. Artmatcher is available throughout the United States so the applicable community standard will be broadly construed to reflect the widest range of diverse viewpoints from a diverse audience. Please proceed at your own risk. You expressly acknowledge that Artmatcher assumes no responsibility for content published by users and agree that we will not be liable, directly or indirectly, for any loss or damage caused by or in reliance on the content. Any views expressed by users are their own and do not imply an endorsement or approval by Artmatcher.
4. PRIVACY POLICY
Our privacy policy is incorporated by reference into the Terms and Conditions, which simply means it is part of your agreement with Artmatcher. So, you need to hit the link and read that too. The privacy policy will authorize us to collect, store, and share your information. Speaking of privacy, you are responsible for keeping your information private. DO NOT SHARE YOUR INFORMATION with anyone. Please contact us immediately if you know or suspect that your account has been compromised or breached in any way.
5. USER RIGHTS
We need to protect the rights of third parties, just as we protect yours. If your actions might violate the rights of a third party, including but not limited to intellectual property rights, we can suspend, disable or terminate your access to the mobile app.
6. USER INFO
“User” is any person or entity who interacts with our technologies or platforms, including but not limited to artists, galleries, advertisers, art aficionados, or the public in general. Users who set up accounts, either for themselves or as an authorized agent, must ensure that all the information provided is accurate and kept up to date. Please do not create a user name that is inappropriate, vulgar or otherwise offensive.
7. ELECTRONIC COMMUNICATIONS
By accessing the Artmatcher app, you agree that we can send you emails, notices, SMS text messages, updates or other electronic communications which will be considered legally received on the date sent. Artmatcher is not responsible for any filtering by your network provider. To stop receiving emails or texts, just click or reply to UNSUBSCRIBE. Regular messaging charges apply to any SMS text messages that you send.
8. INTELLECTUAL PROPERTY
This Artmatcher mobile app contains intellectual property such as copyrighted material and other proprietary information, including, but not limited to, trademarks, logos, photographs, paintings, sculptures, mixed media, video, graphics, music, sound, and other content, as defined below. The entire contents of our app is protected by copyright as a collective work pursuant to copyright or intellectual property laws. Artmatcher is not legally responsible for the accuracy, reliability, misuse or completeness of the content contained on the app or any sites linked from our app, and shall not be held liable for improper use or any other action, whether negligent or intentional. Our intellectual property rights, and those of third parties, constitute unique and valuable assets which represent a substantial investment of time and expense. Any unauthorized or unintended use of such knowledge for commercial purposes could cause us, or third parties, irreparable harm for which money damages alone may be inadequate.
9. COPYRIGHT POLICY
Artmatcher acts diligently to comply with the Digital Millennium Copyright Act and to protect the intellectual property (IP) rights of our app and third party users. If you believe in good faith that content on our app violates someone’s IP rights, please contact us as soon as possible by sending the Notice of Copyright Infringement to Artnado, LLC, ATTN: Karen Tomaine, Esq., 330 Montage Mountain Road, Moosic, PA 18507. We will investigate the claim and take action, if warranted. If we delete the alleged infringing material, you may object by mailing a written response to the same address.
10. CONTENT
Content includes all material on the mobile app, including but not limited to images, graphics, software, computer code, emails, audio, video, graphics, data, animation. You may not copy, transmit, distribute, use, misuse, publish, reverse engineer, attempt to extract the source code, decompile or otherwise disseminate or exploit any of the code contained on our mobile app, whether it is Artmatcher’s or third parties’.
11. USER AND THIRD PARTY CONTENT
Artmatcher does not claim ownership rights to the intellectual property of any user or third party. By posting content on our mobile app, you grant Artmatcher a perpetual, non-exclusive, worldwide, sub-licensable, royalty-free license to display the content for the purposes of the Services provided by the mobile app. You further acknowledge that this license will allow us to distribute, modify, edit, store, compile, disseminate, use, market and publish the material. By posting content, you represent that you have the ownership rights to any items posted on our app, or the authorization of any relevant third party, and that neither you or the third party are infringing upon the intellectual property of any party. Artmatcher reserves the right, in its sole discretion, and with no legal liability, to terminate, suspend, or disable a user’s account for any action that is illegal, threatening, deceptive, defamatory, libelous, fraudulent, infringing on intellectual property rights, or otherwise inappropriate.
12. NO OWNERSHIP RIGHTS TO CONTENT
All content on our mobile app is owned by Artmatcher or by users or other third parties who have granted us permission or licensed us to use their content. YOU HAVE NO OWNERSHIP OR LICENSING RIGHTS IN THE CONTENT OF THE ARTMATCHER APP, ARTMATCHER CONTENT, THIRD PARTY OR USER CONTENT, EITHER EXPLICIT OR IMPLICIT! Therefore, you may not modify, publish, transmit, transfer, sell, create derivative works, or otherwise exploit, any of the content, in whole or in part. You may not copy, distribute, transmit, publish or use the content without the express written permission of the copyright owner, unless specifically provided by law. Even if such permission is granted, you may not alter, change, or delete any copyright, logo, trademark or service mark from the content.
THE ARTMATCHER APP MAY CONTAIN CERTAIN COPYRIGHTED WORKS, SUCH AS WORKS HELD BY MUSEUMS, THAT WERE NOT SPECIFICALLY AUTHORIZED FOR USE BY THE COPYRIGHT HOLDER(S), BUT WHICH WE BELIEVE IN GOOD FAITH ARE PROTECTED BY FEDERAL LAW, CREATIVE COMMON LICENSE, THE “FAIR USE” DOCTRINE, OR ARE OTHERWISE IN THE PUBLIC DOMAIN. IF YOU HAVE ANY SPECIFIC QUESTIONS ABOUT OUR USE OF IMAGES AS IT RELATES TO FAIR USE OR CREATIVE COMMONS, PLEASE CONTACT hello@artmatcher.com.
The display of museum, gallery or other art works on this app does not imply or establish an endorsement, sponsorship or affiliation with Artmatcher, including any advertisements or linked sites that may be posted
13. NO WARRANTIES
Artmatcher offers an online community for Artists and users to interact. We do not produce, create, inspect, store, sell products or collect payment. We are not responsible for any misrepresentations, defective products or other actions of users whether negligent or intentional. ARTMATCHER MAKES NO REPRESENTATIONS AND OFFERS NO WARRANTIES REGARDING ANY CONTENT, PRODUCT OR SERVICE, EXPRESS OR IMPLIED, BY OPERATION OF LAW, STATUTE OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO GUARANTEE THAT THE APP WILL BE FREE FROM DEFECTS, VIRUSES, OR ERRORS. OUR APP IS OFFERED “AS IS”. YOU ASSUME ANY RISK WHEN USING THE APP OR MAKING ANY OFFLINE TRANSACTIONS OR SALES. ARTMATCHER HAS NO LIABILITY FOR ANY TRANSACTIONS ENTERED INTO BETWEEN USERS AND DOES NOT GUARANTEE OR WARRANT ANY TRANSACTION BETWEEN USERS.
14. REMEDIES
We hope to maintain an amicable relationship with all of our users. However, sometimes unexpected issues occur. If such an unlikely situation arises, we have the right to seek all available remedies at law and in equity, including but not limited to seeking injunctive relief, which means we can get a judge to order you to stop doing what you’re doing.
15. ARTMATCHER PLATFORM
The Artmatcher mobile app allows you to browse art and connect with artists, galleries and other users. Artmatcher does not sell, posses, own or take title to the items displayed. We do not act as an agent for users or guarantee any transactions. We serve strictly as an online community for artists and users to interact. We do not act on behalf of users in consummating sales, nor do we process payments on behalf of any parties. Our terms and conditions do not create an agency, joint venture, partnership, or employment relationship of any kind. We are not responsible for the conduct of other parties, and we offer no endorsements, warranties or representations as to the reputation, policies or practices of users or third parties; or to the quality, provenance, merchantability, or authenticity of any item. All parties assume legal responsibility for their actions, inactions, and representations, whether negligent or deliberate.
16. PROMOTIONS AND SPECIAL OFFERS
Artmatcher may choose to offer promotions from time to time, either directly or through third parties. Such promotions or offers will be subject to these terms, as well as any additional terms that may be posted.
17. LINKS TO OTHER SITES
For your convenience, our mobile app may offer links to other websites, advertisers, social or other services. These linked sites are not under our control and are for informational purposes only. You are responsible for complying with the terms and conditions of any third parties. These links are not a recommendation, endorsement, inducement to purchase, or representation as to the authenticity, veracity or appropriateness of the content. We offer no warranty and assume no legal liability for such links. Please refer to the “No Warranties” section above as to our warranty disclaimer and your assumption of risk.
18. NO LIABILITY
TO THE FULLEST EXTENT ALLLOWED BY LAW, ARTMATCHER WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES, EITHER IN CONTRACT OR TORT, INCLUDING ACTUAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY ECONOMIC LOSS, INCLUDING ANY LOSS OR DAMAGES ALLEGED TO HAVE OCCURRED FROM A TRANSACTION BETWEEN USERS.
19. INDEMNIFICATION
TO THE FULLEST EXTENT ALLOWED BY LAW, USER AGREES TO INDEMNIFY, DEFEND AND HOLD ARTMATCHER HARMLESS FOR ALL CLAIMS, DEMANDS, SUITS, PROCEEDINGS (“CLAIM(S)”) ARISING FROM OR RELATING TO USER’S ACTIONS OR INACTIONS, DELIBERATE OR NEGLIGENT, RESULTING IN CLAIMS AGAINST ARTMATCHER, INCLUDING BUT NOT LIMITED TO ANY TRANSACTION BETWEEN USERS. YOU WILL BE RESPONSIBLE TO REIMBURSE US FOR ALL DAMAGES, DIRECT OR INDIRECT, AS WELL AS LEGAL COSTS AND FEES, INCLUDING REASONABLE ATTORNEY FEES IN CONJUNCTION WITH ANY CLAIM.
20. ENTIRE AGREEMENT
These terms constitute the entire agreement between the parties. Any agreements made outside of these terms, other than the Privacy incorporated herein, must be reduced to writing and signed by the parties.
21. NO WAIVER
If we do not immediately object to your actions or promptly seek to enforce our rights, that does not mean that we have given up, excused or “waived” any of our rights under the law. We can enforce our rights at a later time. Any waiver of rights must be in writing and signed by the parties.
22. SEVERABILITY
If any of the provisions of these terms shall be held partially invalid or unenforceable, the remainder of the terms shall still remain valid and enforceable to the fullest extent permitted by law.
23. CHOICE OF LAW
These terms and conditions shall be enforced and governed by the laws of the Commonwealth of Pennsylvania in all respects and without regard to choice of law provisions. You agree that venue will be in Lackawanna County, Pennsylvania.
If you have questions or comments about this Policy, please contact us at hello@artmatcher.com with “Terms and Conditions of Use” in the subject line of your email.
