ArtBlogger Terms of Service
version 1

1. Introduction

Welcome to ArtBlogger — a platform where users can publish and sell their works of graphic art and share their thoughts.

ArtBlogger is owned and operated by ArtBlogger LLC.

By using our Site, you agree to be bound by these Terms and Conditions and Privacy Policy, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all Users of the Service.

Any new features or tools which are added to the current Service shall also be subject to the Agreement. You can review the most recent version of the Agreement at any time here. We reserve the right to update, change or replace any part of this Agreement by posting updates and/or changes. It is your responsibility to check the Service periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Definitions

Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical:

3. What ArtBlogger Offers

ArtBlogger provides the User with an online platform dedicated to art and photography. Users can post their artworks and photographs, buy and sell artworks and photographs posted by other Users, advertise their services as artists and photographers, post articles to their individual blogs, and communicate and connect with other Users.

ArtBlogger can be used by anyone but certain features will only be available to registered Users.

ArtBlogger currently offers three types of User accounts:

4. Eligibility

In order to use our Service, you must meet a number of conditions, including but not limited to:

5. Modifications to the Services

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) in its entirety as well as with regard to any individual User without notice at any time. ArtBlogger reserves the right to reclaim and repurpose any username or URL on the site.

We shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Service.

6. Rules of Use, Disclaimer of Use

You may not use our Service for any unlawful purpose (including but not limited to copyright laws). In addition to other prohibitions as set forth in the Agreement, you must not:

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

We reserve the right to limit functionality of your account (temporarily or permanently) due to technical, security, legal, or other reasons, including, but not limited to:

We reserve the right to remove or block any User Content at any time for any reason without notice or explanation. Your content (or any part of it, such as, post excerpts, fragments of Artworks) may appear on other sites, such as Social Network Sites, when visitors of ArtBlogger share your Artworks/Posts. By using the Service in any way, you acknowledge and agree that the content available through ArtBlogger is generated by Users and other third parties, and not by ArtBlogger. The opinions expressed on ArtBlogger via message boards, direct messages, or any other in-Site channel of communication are not the opinions of ArtBlogger.

7. Your Interactions with Other Users and User Content

ArtBlogger allows Users to post content to the Site and advertise products and services for sale on ArtBlogger. By using our Service you acknowledge that You are solely responsible for your interactions with other Users. You understand that ArtBlogger does not conduct criminal background checks or other screenings of its Users. ArtBlogger also does not verify the statements of its Users and makes no representations or warranties as to the conduct of Users. ArtBlogger reserves the right to conduct any criminal background check or other screenings, at any time and using available public records.

ArtBlogger does not review or approve User Content. By using our Service you acknowledge that some content submitted by Users may be uncomfortable or offensive to others. Although we may occasionally monitor or review User Content we are not obligated or make any promise to do so.

The company is not responsible for the conduct of any User. In no event shall ArtBlogger, its agents, affiliates, or partners be liable (directly or indirectly) for any losses or damages, whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or persons you meet through the Service.

You agree to take all necessary precautions in all interactions with other Users in both online and in person settings. You understand that ArtBlogger makes no guarantees, either express or implied, regarding your interactions with Users or other persons you encounter while in use of the Service or as a result of using the Service.

ArtBlogger does not endorse any User or any product or service advertised or sold on our Site. ArtBlogger permits Users to view, contribute, and purchase content that has not been reviewed or approved by ArtBlogger. ArtBlogger accepts no liability for any of the content made available or published through its Service, including but not limited to, listings, reviews, and communications, or the actions of any of its Users. You hereby agree to release ArtBlogger from all liability arising from or relating to your use of our Service.

By using our Site and Service, you acknowledge that ArtBlogger is not party to any agreements entered into by Users, nor is ArtBlogger an agent or insurer. ArtBlogger may facilitate payment between parties as a convenience but is not responsible for any statements or representations made by sellers or buyers of goods or services made via ArtBlogger. Users who buy or sell goods or services on ArtBlogger are solely responsible for determining the terms and conditions of the transaction they are engaging in as well as for satisfying the terms and conditions of that transaction.

8. License Restrictions

You agree that by using our Service, you are receiving a license to use one copy of our mobile software (commonly known as "SaaS") in compliance with this Agreement, applicable laws, and any additional terms located within our Service which are hereby incorporated into this Agreement by reference. This license may be used by you only, and you are solely responsible and liable, and agree to indemnify ArtBlogger to the fullest extent, including attorneys' fees and court costs, for any legal action or dispute that arises from the use of your license by someone other than you. You must not attempt to reverse engineer, redistribute or resell or otherwise copy or manipulate our Service. You must not download the media created by other Users of our Service, even if it is for your own private use.

ArtBlogger may revoke its license to you at any time for any reason without notice or explanation, and we shall not, in any event, be liable to you for any losses suffered as a result of any unanticipated cancellation of our Service. ArtBlogger will generally attempt to notify you prior to cancelling your access to our Service unless you have breached this Agreement or any applicable law, though we are not obligated to do so.

9. Server Downtime

Our Service may become unavailable from time to time due for security reasons, legal reasons, technical updates, or other reasons. You agree that we are not obligated to inform you of such downtime - even if we are aware that it may occur - or to provide a reason for it, and that you release us from all liability relating to the unavailability of our Service.

10. Our Copyright

ArtBlogger relies on the uniqueness of its Service and content to distinguish itself from third party competitors. You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Service, including content licensed to ArtBlogger by third parties, without receiving our prior written permission.

11. Your Copyright and Other Rights

ArtBlogger must be assured that it has the right to use the content that is posted to its Site by its Users. Such content may include, but is not limited to, photographs, videos, text, audio, and other materials. Whenever submitting or importing content to our website, you agree that you have the right to copy and reproduce such content, and that you are granting us a non-exclusive, universal, perpetual, irrevocable, sublicensable, commercial and non-commercial right to use, distribute, publish, and otherwise make use of the content that you submit to us but solely in connection with the operation of our Services.

12. Your Personal Information

Your submission of personal information through the Service is governed by our Privacy Policy.

13. Trademarks

ArtBlogger is a trademark used by us to uniquely identify our Service and business. You agree not to use this phrase anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Service or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph, including starting your own service, whether or not it competes directly or indirectly with ArtBlogger.

14. Revocation of Consent

We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.

15. Copyright & Trademark Infringement

We take copyright infringement very seriously, and we have registered a Copyright Agent with the United States Copyright Office, which limits our liability under the Digital Millennium Copyright Act. If you believe that your copyright has been infringed, please send us a message which contains:

You must sign this notification electronically and send it to our Copyright Agent at legal@artblogger.net.

Letters containing the foregoing may be mailed to:

Copyright Manager 
ArtBlogger, LLC
6 Pomander Walk
Nutley, NJ 07110

Although U.S. law does not provide for a similar procedure for trademark infringement, we recommend that you send us similar information to that above in regards to any allegation of trademark infringement, and we will address it as soon as practicable.

16. Communications Decency Act and Constitutional Protection

Similar to the DMCA provisions above, United States law include Section 230 of the Communications Decency Act and the First Amendment to the Constitution of the United States, create a defense for us for the actions of third parties in regards to any defamatory content posted on our Service. Although we are not liable for defamatory words posted on our Service by our Users even if given notice, we do prohibit defamation under this Agreement and we may, if we believe the situation warrants it, take action against the offending User. Please notify us at legal@artblogger.net if any of our Users have posted anything that you believe is defamatory. Note that administrators and management should, ideally, be the first party you contact in response to any defamation by another User.

17. Representations & Warranties

WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF SUCH A MINIMUM EXISTS.

YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.

WE ARE NOT RESPONSIBLE FOR ANY ACTIONS BY AN ADMINISTRATOR, MANAGER, EMPLOYEE, OR OTHER USER WHICH MAY CAUSE HARM TO YOU, EVEN IF WE BECOME AWARE IN ADVANCE THAT SUCH ACTIONS MAY OR WILL OCCUR AND DO NOT NOTIFY YOU.

WE ARE NOT RESPONSIBLE FOR ANY ERRORS IN INFORMATION PROVIDED THROUGH OUR SERVICE OR ANY OTHER DAMAGE THAT MAY ARISE FROM SUCH CONTENT. WE ARE NOT LIABLE FOR ANY FAILURE OF THE SERVICES PROVIDED BY OUR SERVICE OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS WHICH PREVENT ACCESS TO OUR SERVICE TEMPORARILY OR PERMANENTLY.

THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.

For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.

IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.

Those who access or use the Service from other jurisdictions not in the United States do so at their own volition and are entirely responsible for compliance with all applicable United States, foreign, and local laws and regulations, including but not limited to export and import regulations. Your promise and agree to use the Service in strict compliance with any local, domestic, national, and/or territorial laws, rules, and regulation that are or may be applicable.

18. Indemnity

You agree to indemnify and hold ArtBlogger and any of its affiliates, employees, officers, directors, agents, successors, and assigns harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service, or the permitted use by others of your license and account. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.

19. Choice of Law

This Agreement shall be governed by the laws in force in the State of New Jersey. The offer and acceptance of this contract are deemed to have occurred in the State of New Jersey.

20. Forum of Dispute

You agree that any dispute arising from or relating to this Agreement exceeding $5,000 in potential damages will be heard solely by a court of competent jurisdiction in the State of New Jersey. On the other hand, where the subject matter of a dispute is eligible for it (e.g., potential damages up to $5,000), you agree that any disputes shall be heard solely within the Civil Court of the City of New York – Small Claims Part ("Small Claims Court").

If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.

If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court. At the time of drafting this Agreement, the monetary jurisdiction of the Small Claims Court is $5,000.

You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.

If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.

You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.

21. Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

22. Severability

In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.

If two or more provisions of this Agreement are deemed to conflict with each other's operation, ArtBlogger shall have the sole right to elect which provision remains in force.

23. Non-Waiver

ArtBlogger reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.

24. Termination & Cancellation

We may terminate your access to our Service at our discretion without explanation, though we will strive to provide a timely explanation in most cases. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.

25. Assignment of Rights

You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.

26. Corporate Information

ArtBlogger LLC is a limited liability company formed lawfully in the State of New Jersey.

27. California Users and Residents

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about ArtBlogger must be addressed to our agent for notice and sent via certified mail to that agent. For our agent's most current contact information, please send a request to support@artblogger.net.

Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.