Terms & Conditions of Use
Date of Last Revision: January 10, 2019
These Terms provide that all disputes between you and Digital Art Collections will be resolved by BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) to assert or defend your rights under these Terms (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action.
THIS AGREEMENT EVIDENCES A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FEDERAL ARBITRATION ACT AND APPLICABLE FEDERAL LAW GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THESE TERMS AND ANY CLAIMS ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, PRODUCTS AND SERVICES ORDERED OR PURCHASED THROUGH THE WEBSITE. IN THE ABSENCE OF APPLICABLE FEDERAL LAW, THEN THE INTERNAL LAWS OF THE STATE OF ARKANSAS (WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES) WILL GOVERN.
In using this Site, you agree to not:
upload, download, post, email or otherwise transmit any materials including but not limited to text, data, sketches, photos, drawings, graphics, digital images, and related visual compositions or any of these elements in combination as a design for products available on this Site or otherwise (“Content”) that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another’s rights including but not limited to rights of celebrity, privacy and intellectual property;
impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
upload, download, post, email or otherwise transmit false or misleading information;
disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites;
access, tamper with or use non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked websites;
frame or link to the Site except as permitted in writing by Digital Art Collections;
Upon uploading Content, you acknowledge that Digital Art Collections may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Digital Art Collections and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable to Digital Art Collections. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Digital Art Collections. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Digital Art Collections nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. Digital Art Collections’ production of any product depicting your Content does not indicate that Digital Art Collections approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.
You acknowledge and agree that Digital Art Collections may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Digital Art Collections, its users and the public.
You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.
No Earnings will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of these Terms, including but not limited to no earnings on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.
You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.
You retain all ownership rights to your Content submitted to the Site. By submitting Content to Digital Art Collections, you grant Digital Art Collections a perpetual, nonexclusive, worldwide, transferable commercial license to use, copy, reproduce, modify, publicly display, and distribute your Content.
Representations and Warranties of Content Owner
Content Owner represents and warrants to Digital Art Collections that:
Content Owner owns (or has legal right to represent and license) all intellectual property rights, title and interest in and to all Media, including applicable copyrights, submitted through the Services and has the right to grant all licenses granted herein without violating the rights of any third party;
All information concerning all Media provided by Content Owner to Digital Art Collections through the use of the Services is, to the best of Content Owner’s knowledge, true and accurate; and
All Media submitted or posted by Content Owner have all necessary releases, consents and permissions required to grant the licenses granted under the applicable license, including, without limitation, valid Model Releases and Property Releases for Media depicting recognizable people (living or dead) and private properties, permissions regarding posting Media containing individuals under the age of 18, and all written permission regarding all distinguishable trademarks.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/pl105-304.pdf, and other applicable laws, Digital Art Collections has adopted a policy of terminating, in appropriate circumstances and at Digital Art Collections’ sole discretion, the accounts of users who are deemed to be repeat infringers. Digital Art Collections may also, at its sole discretion, limit access to Digital Art Collections’ website and services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
Signature Token License
With the purchase of a Signature Token(s), Digital Art Collections (“Content Provider”) grants the buyer a non-exclusive personal-use with a one-time commercial use license to download and copy the accompanying image(s) (“Media”) subject to the following restrictions:
This license is for personal use only. Only 3 physical image prints of The Media can be created. Personal use means non-commercial use of the Media for display on personal websites and computers for personal use or video copies for personal use. The Media may not be used in any way whatsover in which you charge money, collect fees or receive any form of remuneration. The Media may not be used in advertising. The Media may not be sub-licensed, rented, leased, or used in advertising.
Title and Ownership, and all rights now and in the future, and for the Media remain exclusively with the original artist, creator of the Media.
There are no warranties, expressed or implied. The Media are provided “as is”.
Content Provider will not be liable for any third party claims or incidental, consequential or other damages arising out of this license or buyer’s use of the Media.
One-time Commercial Use
If the Signature Token is resold or traded, the Personal Use License is terminated. Upon termination, Licensee must immediately (i) stop using the Licensed Material; (ii) delete or remove the Licensed Material from Licensee’s premises, computer systems, storage (electronic or physical) or any third party sites (i.e. Facebook, Instagram, etc).
The Digital Art Collections Services and all images, software, platforms, tools, graphics, data, text, code, the Digital Art Collections Marks (as defined below) and other content and materials available on the Services (excluding User Content) and the selection and arrangement thereof (collectively, the “Digital Art Collections Materials”) are the property of Digital Art Collections and are protected by United States and international intellectual property laws.
You acknowledge that (i) all right, title and interest in and to the Digital Art Collections Materials, including all patents, copyrights, trade secrets, trademarks and other proprietary rights embodied therein or associated therewith, are and will remain with Digital Art Collections; (ii) no right or interest in the Digital Art Collections Materials is conveyed other than the limited licenses granted herein; (iii) the Digital Art Collections Materials are protected by copyright and other intellectual property laws; and (iv) Digital Art Collections asserts that the Digital Art Collections Materials embody valuable confidential and secret information of Digital Art Collections or its licensors, the development of which required the expenditure of considerable time and money.
Digital Art Collections Marks
You acknowledge that “DIGITAL ART COLLECTIONS”, the Digital Art Collections logo, the look and feel of the Services, and any other Product or Service names, logos or slogans of Digital Art Collections contained in the Services are trademarks of Digital Art Collections (collectively, the “Digital Art Collections Marks”) and may not be copied, imitated or used without the prior written permission of Digital Art Collections. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners.
Except as otherwise expressly permitted herein, you may not use the Services or the Digital Art Collections Materials to engage in any of the following prohibited activities:
the collection, copying or distribution of any portion of the Digital Art Collections Materials;
any resale, commercial use, commercial exploitation, distribution, public performance or public display of the Services or the Digital Art Collections Materials;
modifying or otherwise making any derivative uses of the Services or the Digital Art Collections Materials;
scraping or otherwise using any data mining, robots or similar data gathering or extraction methods on or in connection with the Services;
with the exception of Media made available by users for download, the downloading of any portion of the Digital Art Collections Materials or any information contained therein; or
any use of the Services or the Digital Art Collections Materials other than for their intended purposes.
Prices for products on Digital Art Collections are described on our Site and incorporated into these Terms by reference. All prices are in US Dollars. Prices and products may change at Digital Art Collections’s discretion.
Payment of Earnings
By using our Services, you may generate earnings as described on our Website (“Earnings”). In order to receive your Earnings beyond $500 you must provide your taxpayer information to us as required by the IRS. If we do not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of that year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.
You may also choose your method of payment (for example, check or PayPal). Digital Art Collections, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances.
Payments that are made using PayPal will be charged a $2.50 processing fee, if your Earnings are less than the Payment Threshold.
Payment Thresholds mean $100 for payments by check and $50 for payments using PayPal. The Payment Thresholds are subject to change at any time or from time- to-time, in our sole and absolute discretion. You will be notified of any change in the Payment Thresholds.
You may request payment of your Earnings even if you have not met the Payment Thresholds, subject to payment of the following processing fees: $5.00 for any check under $100; or $2.50 for any PayPal transaction under $50. Payment will be made within 45 days (collectively “Processing Fees”).
If Digital Art Collections owes you any compensation as of December 31 each year, then Digital Art Collections may send you payment of such accrued Earnings even if you have not reached the Payment Thresholds or have chosen to have your payment held. Such annual payments will be subject to the Processing Fees set forth above. If your Earnings are less than the applicable Processing Fee, you will not receive a payment.
In the event that a check sent to the address listed as the payee address in your account is returned as undeliverable, Digital Art Collections may withhold further payments until you have corrected or updated your address.
In the event that an order for which you were paid Earnings is either cancelled, returned or refunded for any reason, Digital Art Collections will deduct the relevant amount from your Earnings.
You are responsible for all costs and expenses incurred in connection with your performance of any activities related to the Profit Program, including, but not limited to, compensation, bonuses, and benefits, if any, for your personnel, and any and all taxes, fees, duties, tariffs or charges that may be imposed on you in connection with your participation in the Profit Program. As such, you acknowledge that any Earnings belong to you and not to Digital Art Collections. The Earnings represent the only compensation payable by Digital Art Collections to you in connection with your participation in the Profit Program and no other compensation of any kind is payable to you for participating in the Profit Program. In certain jurisdictions, Digital Art Collections may be required to withhold, collect and/or remit certain sales or other taxes in connection with the purchase of Products or your participation in the Profit Program and any such taxes will reduce the Earnings you receive.
You are responsible for any taxes that you are obligated to pay or that Digital Art Collections may collect from you in connection with your purchase of Products. If you do not pay the sales or other taxes or fees on a transaction, you will be responsible for the taxes or fees in the event they are later determined to be payable on the sale, and Digital Art Collections reserves the right to collect the taxes or other related fees from you at any time. In certain jurisdictions, Digital Art Collections may be required to collect and remit sales tax in connection with your purchase of Products. Any such taxes will be added to the purchase price and reflected on your invoice or receipt.
You may create a text hyperlink to the Site, provided such link does not portray Digital Art Collections or any of its Products or Services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked by Digital Art Collections at any time. You may not frame the Site or utilize framing techniques to enclose the Site, Digital Art Collections Materials, Digital Art Collections Marks or other proprietary information without Digital Art Collections’ express prior written consent.
You are solely responsible for maintaining the confidentiality of the passwords associated with your account and for restricting access to your passwords and physical access to your computer while logged into the Services. You accept responsibility for all activities that occur under your user account.
We use commercially reasonable security measures to protect your account and Media. We cannot, however, guarantee absolute security of your account, your Media or the Registration Data we collect, and we cannot promise that our security measures will prevent third party “hackers” from illegally accessing the Services or their contents. Digital Art Collections is not responsible or liable for any third party access to or use of the Media you post or your Registration Data. You are encouraged to read, understand and use the security settings and mechanisms in your Account Settings to manage how your Media is accessed and used by the public and other users of the Services. You agree to immediately notify Digital Art Collections of any unauthorized use of your account or passwords or any other breach of security, and you accept all risks of unauthorized access to the Registration Data, Media and any other information you provide to Digital Art Collections.
DISCLAIMER OF WARRANTIES
THE SITE, SERVICES, THE DIGITAL ART COLLECTIONS MATERIALS, AND THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIGITAL ART COLLECTIONS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT AS TO THE SITE, THE SERVICES, THE DIGITAL ART COLLECTIONS MATERIALS, AND THE PRODUCTS.
DIGITAL ART COLLECTIONS DOES NOT REPRESENT OR WARRANT THAT THE DIGITAL ART COLLECTIONS MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICES, ITS SERVERS OR EMAIL SENT FROM DIGITAL ART COLLECTIONS OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGITAL ART COLLECTIONS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOS OR VIDEOS. DIGITAL ART COLLECTIONS ALSO MAKES NO REPRESENTATION OR WARRANTY REGARDING THE AVAILABILITY, RELIABILITY OR SECURITY OF THE SERVICES AND WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ANY MODIFICATION, SUSPENSION, UNAVAILABILITY, OR DISCONTINUANCE OF THE SERVICES OR THE PRODUCTS PROVIDED THEREON.
LIMITATION OF LIABILITY
IN NO EVENT WILL DIGITAL ART COLLECTIONS OR ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE OR VIEW THE SITE, THE SERVICES, THE PRODUCTS, THE MEDIA OR THE DIGITAL ART COLLECTIONS MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM DIGITAL ART COLLECTIONS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY TERMINATION, SUSPENSION OR OTHER FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGITAL ART COLLECTIONS’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF DIGITAL ART COLLECTIONS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE PRODUCTS, THE MEDIA OR THE DIGITAL ART COLLECTIONS MATERIALS, EXCEED COMPENSATION YOU PAY, IF ANY, TO DIGITAL ART COLLECTIONS FOR ACCESS TO OR USE OF THE SITE OR THE SERVICES OR FOR THE PURCHASE OF PRODUCTS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Digital Art Collections is located in the State of Arkansas in the United States of America. If you access the Services from a country other than the United States, you agree that your transactions with Digital Art Collections occur in the United States. You are responsible for compliance with all applicable laws, rules and regulations applicable to your use of the Services.
Questions or Comments
Digital Art Collections is committed to keeping our users happy and satisfied with their use of the Services. If you have any questions, concerns, complaints or comments in any way related to your use of the Services, please contact us at info@DigitalArtCollections.com