By using or signing up to the Artchu website you are agreeing to our Terms of service as stated here. These terms are effective as of January 1, 2012.
But first, here are our principles on Artchu etiquette:
- Be polite, work together and enjoy the experience.
- The site is for everyone, but there may be some artistic nudity. If you find something offensive, drop us an email to let us know and we'll consider removing at (at our discretion).
- Work undertaken is an agreement between a customer and an artist. We'll try to help if we can, but apart from withholding funds till an artwork is shipped, we're not responsible.
- We always reserve the right to boot out anyone who we think is spoiling the experience for other users
And here's the website use legal terms:
Members include Customers (purchasers of artworks via the Site) and Artists (producers of artwork using the Site to offer their services to Customers).
1. Description of Service
Artchu is providing Members with access to buy and sell custom-made artwork (the "Service"). Each Member must provide all equipment necessary for their own Internet connection and access to the Internet, and pay any fees related to such connection.
2. Membership Eligibility
The Service is not available to minors (some artistic nudity may be shown) or to any users suspended or removed from the system by Artchu for any reason. Artchu reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
3. Disclaimer of Warranties.
The Site is provided by Artchu on an "as is" and "as available" basis. Artchu makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Artchu shall have no liability for any interruptions in the use of the Site. Artchu disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
4. Limitation of Liability
Artchu shall not be liable for any damages whatsoever, and in particular Artchu shall not be liable for any special, indirect, consequential, incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to the site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if Artchu has been advised of the possibility of such damages.
Member agrees to indemnify and hold Artchu, and its officers and employees, harmless from any claim or demand, due to or arising out of Member's use of the Site, the violation of this Agreement, or violation of any law by Member.
6. Modifications and Interruption to Site
Artchu reserves the right to modify or discontinue the Site with or without notice and without liability to the Member.
7. Disclaimer Regarding Accuracy of Vendor Information
Information regarding artwork and artwork projects for sale on the Site is provided by individual sellers and is not verified by Artchu. While Artchu makes every effort to ensure that the information on the Site is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on the Site and your reliance on representations and warranties provided by any Vendor shall be at your own risk.
8. Information for Customers
Customers are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method.
You will not use any form of payment without authorization to do so.
Members agree to the following payment process unless otherwise agreed in writing between Artchu, Customer and Artist:
- On agreement for work between an Artist and a Customer, the Customer will forward to Artchu the agreed sum of the project work (and any estimated shipping fees if agreed between members).
- Artchu will hold these fees until Artist delivers the work to Customer, at which time Artchu will forward 80% of the project fee (and 100% of any shipping and handling fees agreed between Customer and Artist and paid by the Customer) to the Artist responsible for the work.
11. Pricing and Products
We are not responsible for typographical errors regarding price or any other matter. Unless stated, Payment of any shipping and handling charges and state and local sales or use taxes is the responsibility of the Customer unless otherwise agreed between Customer and Artist. Artchu is not responsible for such charges under any circumstances.
12. Compliance with Laws.
Member is responsible for compliance with applicable laws. Member may not use the Site in any way that violates laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13. Copyright and Trademark Information
Artchu does not claim ownership of any materials that Members make available through the Site. By submitting to Artchu any images of artwork or any other material for other display purposes on the Site ("Images"), you warrant and represent that you own all rights, including but not limited to all copyright rights, in and to it. You grant to Artchu the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for advertising or other purposes related to the presentation, promotion, explication or illustration of the Service. To the extent that you do not own all rights in and to any images or other material submitted to the Site, or that Artchu's use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Artchu harmless from any claims or demands, including attorneys' fees and costs, incurred by Artchu with respect thereto.
14. Notification of Claimed Copyright Infringement
If you believe that any works on the Site infringe your copyright rights, please send email to firstname.lastname@example.org providing all relevant information.
Artchu does not intend to monitor site feedback or act as intermediary for members if any feedback is held by an artist to be malicious, untrue or biased. However it may at its own discretion, intervene and investigate the legitimacy of the feedback in question. The site reserve final rights to review and edit, alter or remove feedback if it deems that the feedback is malicious, untrue or biased. Members should make an application for such a review by email via email@example.com It is possible those other Artchu users (including unauthorized users, or "hackers") may post or transmit offensive or obscene materials on the site and that you may be involuntarily exposed to such offensive and obscene materials. It may also be possible for others to obtain personal information about you due to your use of the Site or the Service, and the recipient may use such information to harass or injure you. Artchu is not responsible for the use of any personal information that you may choose to disclose on the Site or through the Service. Please carefully select the type of information that you post on the Site or release to others via the Site.
16. Electronic Communication
You consent to receive communications electronically from Artchu. Artchu will communicate with you by email or by posting notices on the Site.
17. Site-Provided Email and Postings and Social Networking
The Site may provide users with the ability to send messages to other users and non-users and to post messages on the Site. Artchu is under no obligation to review any messages, information or content ("Postings") posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, Artchu may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- False information including information intended to impersonate others.
- Personal information such as messages which state phone numbers, social security numbers, account numbers, addresses, or employer references.
- Messages by non-spokesperson employees of Artchu purporting to speak on behalf of Artchu or containing confidential information or expressing opinions concerning Artchu.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Multiple messages placed within individual folders by the same user restating the same point.
- Chain letters of any kind.
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message.
18. Social networks
In using the Service, you authorize us to act on your behalf to access and interact with social networking sites including Facebook and Twitter (any such site, a "SN Site") to retrieve information from, and/or submit information to, such SN Sites at your request. We will not collect the username and password you use with SNs..
19. Modification and Notification of Changes
Artchu reserves the right to make changes to the Site, related policies and agreements including this TOUA at any time.
20. Survival of Terms After Agreement Ends
Notwithstanding any other provisions of this TOUA, or any general legal principles to the contrary, any provision of this TOUA that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this TOUA.
21. Other Terms
If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Agreement and any other agreements referenced herein may be assigned by Artchu in its sole discretion, to a third party in the event of a merger or acquisition. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Agreement, Member is consenting to the use and disclosure of his or her personally identifiable information and other practices described in the Artchu Privacy Statement where applicable.
Copyright (c) by Artchu 2011. Copyright in original artwork and representations is held by respective owners.