Terms of Use

Last Modified: January 31, 2025

 

Welcome.  These Terms of Use govern your use of applications provided by Artonomo.  Regardless of how or why you are using Artonomo’s applications, these terms will still apply.  The following are some examples of how or why you may be using Artonomo:

  • You may be an artist, designer or photographer (for simplicity we will just say “creator”) using Artonomo Portfolio for purposes of storing, displaying, organizing and showcasing digital reproductions of your Artwork;
  • You may be a creator or the agent of a creator using Artonomo Pro for purposes of storing, displaying, organizing and showcasing digital reproductions of Artwork to clients and potential licensees and for purposes of managing customers, contracts and business terms in connection with third-party use of your Artwork;
  • You may be an agency representing multiple creators and using Artonomo Enterprise for purposes of storing, displaying, organizing and showcasing digital reproductions of your clients’ Artwork for view by potential licensees and for purposes of managing licensees, contracts, royalties and business terms in connection with licensees; or
  • You may be a Guest of a Registered user of Artonomo who has been invited to view a creator’s Artwork hosted on an Artonomo application, whether that be directly through the artonomo.com domain or through the Registered User’s own domain.

Before we go any further, let’s define all of those capitalized words.

 

DEFINED TERMS

Artonomo – Artonomo is our company… and it’s our product.  We are officially ImagineTraxx LLC, but we go by Artonomo, much like Margaret might go by Peggy or Robert, Bobby.  Artonomo is also our super cool software-as-a-service platform that we offer to artists, agencies, art management companies, licensees, licensors, and anyone else who works with organizing, reviewing, managing or licensing creative images.  It will be clear in the context if we are talking about our company or our product, and most of the time we will just say we or us or our, like we just did several times in this sentence.  Fun fact: Artonomo was inspired by the word “autonomous” which means “undertaken or carried on without outside control.”   Our goal is to give you full control over how your art is managed, showcased and used.

 

You – You know who you are!  Sometimes we may also refer to you as a “User.”  Don’t be offended.  Here, it’s good to be a User, because that means you are using Artonomo, and that’s a really great thing.

 

Terms of Use – The Terms of Use is this long document you are currently reading.  Yes, it’s a bit long, but it was written by our lawyer, so what do you expect.  They say a picture is worth a thousand words.   Well, this document would require nearly eight pictures.  We looked through Artonomo for eight pictures to replace these Terms of Use, but we couldn’t find the perfect pictures to replace these particular words…yet.

 

Registered User – If you are a Register User that means you have joined a lucky group of people who have officially created a user account with Artonomo by completing the registration process by providing an email address and some other requested information. We offer both free services and paid subscription services, but it doesn’t matter which you are using – if you have created an account, you are officially a Registered User.  Congratulations!

 

Artwork – Artonomo was created to store, organize, manage and show-off digital reproductions of artistic creative expression, whether that be paintings, illustrations, designs, patterns, photographs or any other forms of media.  Regardless of the form of creative expression, we will just refer to any image that has been uploaded to Artonomo by a Registered User as Artwork.

 

Personal Content – Artonomo does more than just store and manage your Artwork, it also can store and manage contracts, financial information and other information about your Artwork.  The term Personal Content will mean any information that you create or upload into your account about your account, your Artwork, your business or otherwise.

 

Services – As we said before, Artonomo is a software-as-a-service.  That means exactly what it sounds like – we provide our Registered Users with services, using software.  We use the word Services as a catch-all to describe the various service offerings that our Registered Users may employ, including, but not limited to, image management, portfolio sharing, contract management, customer relationship management, financial management, royalty tracking, approval workflow and many other cool services.  There are different subscription plans that offer different levels of Services, so be sure to check out our different plans to see what will work best for you.

 

Guest – A Guest is someone who has been invited by a Registered User to visit their Artonomo portfolio of Artwork.  You may be here as a Guest and not a Registered User.  We love our Guests too.  If it weren’t for you, our Registered Users would have no reason to use Artonomo, and then we would have no customers.  In other words, you complete us.  Just know that these Terms of Use will also apply to Guests to our Website.

 

Website – Artonomo is so much more than a website.  But technically speaking, it is a site and it is on the Web, so we are going to use Website as a general term to describe everything we have created at our little corner of the Web, including the platform from which we deliver the Services.

Now that you have a better idea of what we are referring to when we use capitalized terms, let’s continue.

 

ACCEPTANCE OF THE TERMS OF USE

Okay, the first thing you need to know is that these Terms of Use apply to you if you are using our Website, regardless of whether you are a Guest, a User, a Registered User, or just a You.  Despite our thinly veiled attempt to make this document slightly amusing, these Terms of Use are a legally binding contract that will apply to your use of the Website and the Services.   If you don’t like what you read here, your only option is to not use the Artonomo Website and Services.  It’s pretty much that simple.

 

Given their binding nature, we strongly encourage you to read through these Terms of Use carefully before you start to use the Website or Services.  By using the Website, and especially by clicking through these Terms of Use when they are presented to you to when you register as a User, you are legally accepting and agreeing to be bound by these Terms of Use.

 

In fact, by using our Website, you are also agreeing to our Privacy Policy, found at www.Artonomo/privacypolicy.html.  We have that as a separate policy to describe how we treat your personal information, but know that the Privacy Policy is also important and is incorporated into these Terms of Use by that reference right there.   Again, if you do not want to agree to our Privacy Policy, you should not access or use the Website or Services.

 

BINDING ARBITRATION

This is an important change to your default legal rights, so we give this notice prime real estate.  It’s actually more like a teaser trailer because there is a much longer section toward the end that goes into the full details.  Here’s the preview now, though.  These Terms of Use provide that all disputes between you and Artonomo will be resolved by BINDING ARBITRATION.  THAT MEANS 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 of Use (except for matters that may be taken to small claims court).  With arbitration, your rights will be determined by a NEUTRAL ARBITRATOR and NOT by a judge or jury.  Your claims cannot be brought as a class action with others, either.  For more details, please review the section below entitled Dispute Resolution; Arbitration Agreement regarding your agreement to arbitrate any disputes with Artonomo.  While we have to prepare for the worst, we do work hard to do our best to make sure that things don’t ever turn sour between us.

 

AGE LIMITATION

Our Website is offered and available to users who are 18 years of age or older. We deem this to be a business-to-business website and we are making a decision to not make the Website available to younger folks because of various laws meant to protect minors on the Internet and because of contract law.  By using this Website, you represent and warrant that you are of legal age to form a binding contract with us.  If you lie about your age, you will waive the right to assert that as defense if you ever try to claim that these Terms of Use don’t apply to you.  So if you aren’t 18 yet, please come back when you are and we hope to see you soon, but for now, please do not access or use the Website or Services.

 

OUR RIGHT TO MAKE A CHANGE

We sincerely hope that Artonomo can make a huge and positive change in the world and specifically in the way that you and other users interact with digital images.  However, that’s not the change we are talking about here.  We created Artonomo, we maintain it and sometimes we might need to change it.  We reserve the right to make changes to, or perhaps even remove, our Website or any Services or materials we may currently provide on the Website in part or in whole.  These changes will be made in our sole discretion and perhaps without notice to you.  This means that the Website and Services may not always be available to you for one reason or another.  From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including Registered Users.  You agree not to hold Artonomo liable if for any reason all or any part of the Website or its Services become unavailable at any time or for any period of time.  That said, it is our sole intention to be around forever and to only make changes that improve your use of the Website.  Oh, and just because we can make changes to our Website, doesn’t mean that we will or have to make changes.  Content on our Website is not guaranteed to be complete or up-to-date at any time.

 

Our right to change certain things includes the right to modify these Terms of Use and our other polices.  All changes are effective immediately when we post them, and apply to all access to and use of the Website and Services thereafter. However, any changes to the dispute resolution provisions set out below will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.  Those get locked in as of the date of the dispute notice.  Your continued use of the Website following the posting of revised Terms of Use and/or policies means that you accept and agree to the changes.  Regardless of how long and tedious these Terms of Use are, you are expected to check this page from time to time so you are aware of any changes, as they are binding on you.  We will make reasonable efforts to notify Registered Users of changes to these Terms of Use by email or notices on the Website.

 

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

To access the Website as a Registered User, you will be asked to provide certain information. It is a condition of your continued use of the Website that all the information you provide on the Website is correct, current, and complete.  You can update it in the profile section of your account.  Our handling of your information is governed by our Privacy Policy.

 

You want to make sure to treat your user name and password as confidential.  We strongly recommend that you don’t share your login information, but if you choose to share it with another person, you will bear all risks that may result from that choice.  If you choose to share your account, it’s your responsibility that the other person is aware that these Terms of Use apply.  If you suspect that there has been unauthorized access to your account or any other breach of security, you should notify Artonomo immediately.  We also recommend you take other precautions like exiting from your account when you are done and being mindful of the risks of logging into your account from public places.

 

We may disable your user name or password at any time in our sole discretion for any or no reason, including if, in our opinion, there has been a security breach or you have violated any provision of these Terms of Use.  You also agree not to provide other people with access to the Website except in the rare occasions when a trusted person is specifically assisting you with your account.

 

REGISTERED USERS ALSO HAVE ACCESS TO CERTAIN GUEST INFORMATION

This point is also addressed in our Privacy Policy but we believe it is worth emphasizing here as well.  These Terms of Use and our Privacy Policy and other policies apply specifically to Artonomo’s use and collection of information from Guest Users.  However, you should know that Artonomo does share certain information about Guest Users and their activities with Registered Users.   For example, Registered Users are able to see the contact information provided by their Guests, the Artwork that Guests have viewed, and other comments and requests made by Guests in connection with the Registered User’s Artwork.  Artonomo has no control over what Registered Users do with this information, and therefore Artonomo will have no liability for the Registered User’s use of Guest information.

 

INTELLECTUAL PROPERTY RIGHTS

We are very tuned into the protection of intellectual property (“IP”) at Artonomo.  If you think about it, Artonomo is a whole bunch of IP in the form of computer code created to help you store and manage a whole bunch of IP in the form of Artwork.  This section talks about our respective rights in each other’s IP.

 

YOUR INTELLECTUAL PROPERTY

 

You are not transferring ownership of your Artwork.  If you are a Registered User, you will be using Artonomo to upload, store and manage Artwork that you, your client or your employer owns, or perhaps licenses.  What you need to know is that you are not transferring any ownership of the Artwork to Artonomo by uploading and storing the Artwork onto the Website.  Your Artwork can only ever change ownership by a written agreement explicitly transferring it to another party, and these Terms of Use do not require any such transfer of ownership.  So please rest assured that we will not be staking any claim to your Artwork.

 

But, you are granting licenses to your Artwork.  Now, let’s talk about licenses.  When you grant a license, you are not changing the ownership, but you are authorizing another party to make certain uses.  So, by uploading Artwork to Artonomo, you must grant Artonomo a license to store and display the Artwork for the purpose of the Services we are providing to you.  Without that license, we couldn’t do what you expect us to do.

 

But, only until you terminate your subscription…mostly. When you terminate your account with Artonomo, we will make your Artwork inaccessible to you, your invited Guests, and any other visitors to the Website in the event you had chosen to make your Artwork available on our public galleries.  However, we may hold onto your files for an additional but limited amount of time in case you choose to come back or made a mistake by terminating, but eventually we will delete them.  Once you cancel your account, however, we will have no right to use or display your Artwork and we will only store it for the administrative purposes mentioned above.  If for some reason a mistake happens and your Artwork is still accessible, please let us know and give us an opportunity to fix the issue. However, if we happen to have asked and you happen to have separately authorized us to use some of your Artwork in marketing materials or social media, for example, the cancellation of your account on the Website will not terminate the separate license you previously granted to us for such marketing use or otherwise.  Put another way, if you agree to let us show your work on Instagram, for example, and then you cancel your account on the Website three years later, we don’t have to dig through our Instagram account to find and delete that post containing your Artwork from three years ago.

 

You may choose to make your Artwork publicly viewable, and you may not.  Artonomo will offer certain Services that you will be able to opt into or out of with the simple click of a button.  For example, Artonomo may offer certain public galleries containing various art from various artists who use Artonomo.  Participation in these galleries will be a great way to get your Artwork in front of more customers, licensees and agents, but it is also completely optional and voluntary on your part.  Don’t worry – Artonomo treats all Artwork as private by default.  That means that only Registered Users and Guests who are invited by you can view your Artwork until you decide to change that.  However, if you choose to click the little switch to make some or all of your Artwork available for viewing in a more public manner, then at that point you are knowingly granting Artonomo a license to publicly display such Artwork in accordance with the general functionality of that particular Service.  Again, don’t worry, you can always switch it off if you want.  Just know this, anytime you choose to let Artonomo do something with your Artwork (like display it in a public gallery), that choice is also a choice to grant Artonomo a license to perform the requested Service in connection with your IP.

 

You can also grant licenses to other parties.  Speaking of licenses, Artonomo is also meant to help you manage, grant and get licensing deals for your Artwork.  Therefore, certain Services in Artonomo may allow you to create a license agreement with third-parties to use your Artwork for particular uses specified by you.  Those licenses may be created through Artonomo’s Services or they may just be created by you outside of Artonomo, but managed by you within Artonomo.  We recommend you speak with an attorney if you are not fully aware of the ins and outs of licensing your Artwork.

 

We want your Artwork, not other people’s artwork. Artonomo is specifically meant for the management of Artwork by the original artist and/or their agents.  You should only ever upload Artwork onto Artonomo that you own or otherwise have the right to upload because you are an authorized agent or licensee.  If you are using Artonomo to manage artwork that you are licensing from other people, you must only use Artonomo for internal purposes and not to display licensed images to the public unless you have written permission from the copyright owner to do so.  Again, you should never publicly display or offer to license or sell images through Artonomo unless you own the Artwork or have explicit rights to do so from the owner.

 

Your Artwork and Personal Content is kept confidential.  Any Personal Content you upload into your account will be kept confidential and will only be viewable by our technology team as necessary for the purpose of troubleshooting a technical issue in connection with your account.  That means that not even our CEO has the ability to view your Personal Content and Artwork without your express permission.  We take the privacy of your information very seriously.

 

But, public Artwork and User Contributions to the Website are not confidential.  Of course, if you make certain Artwork and certain related Personal Content (e.g., tags and descriptions for the Artwork) publicly available, then that information will not be private or confidential while you are making it available.  In addition, the Website may contain message boards, comment sections and other interactive features that allow Users to post content or materials to other users or other persons (“User Contributions“).  For the avoidance of doubt, your Artwork and Personal Content will not be considered User Contributions.  Any User Contributions you post to a multi-user area of the Website will be considered non-confidential and non-proprietary. By providing User Contributions on the Website, you grant us an unlimited right and license to display such content and to use it for any purpose we deem appropriate.  You understand and acknowledge that you are solely responsible for any User Contributions you submit or contribute to our Website, and you, not Artonomo, will have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.  We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other User of the Website.  If you happen to see User Contributions to the Website that violate these Terms of Use, please notify us immediately and we will investigate and handle accordingly.

 

Our Intellectual Property

With the exception of your Registered Users’ Artwork and Personal Content, you acknowledge that the Website and its entire contents, features, and functionality (including but not limited to all Services, information, software, mobile apps, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Artonomo, its licensors, or other providers of such material (including other Registered Users like you who have also uploaded their own IP) and are protected by United States and international copyright and other intellectual property or proprietary rights laws.  The Company name, the Artonomo name, the Artonomo logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use our IP or trademarks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

 

COPYRIGHT INFRINGEMENT

We take copyright infringement very seriously.  In fact, we have a separate policy related to the handling of copyright infringement, which can be viewed here (https://artonomo.com/copyright-policy/).  As a Registered User of Artonomo, you must agree to not upload any Artwork or other content that infringes upon the rights of others.  If you believe that any content on Artonomo violates your copyright, please see our Copyright Policy for instructions on how to send us a notice of copyright infringement.  It is our policy to investigate every notice of infringement, handle matters in accordance with US Copyright Law, and terminate any Registered User who we deem to be a repeat infringer.

 

SUBSCRIPTION SERVICES

Artonomo offers its Artonomo Portfolio Services to Registered Users at no charge.  We also provide additional Services like Artonomo Pro and Artonomo Enterprise under a paid subscription model.  If you elect to subscribe to paid Services, you are agreeing to the posted price and payment terms, which may be updated from time to time.

 

Cancellation of your subscription by us. While we will do our best to work with you, we may cancel subscriptions without prior notice if we are unable to process payments through your provided method of payment.  If we cancel your subscription for such a reason, you will be able to restore your account as you last left it provided that you correct the issue within thirty (30) days.  In the event that we suspend or terminate your account for any reason, you understand and agree that you shall receive no refund for any subscription fees. You agree that all refunds are at the sole discretion of Artonomo.

 

Cancellation of your subscription by you.  You may also cancel your subscription at any time; however, you will not be granted a refund for any unused time for which you have already paid.  Your access to your account on the Website will remain active until the subscription term for which you paid expires, regardless of when you actually cancel your subscription.

 

PROHIBITED USES

We want to make sure that Artonomo remains a safe place for artists and art professionals.  Therefore, we require that you only use the Website for lawful purposes and in accordance with these Terms of Use.  We know you will, but we include this section to cover bad apples like hackers and other nefarious creatures that roam the internet.  That said, even if you are one of the good guys, please give this section a quick read and take a little pride in how you would never do any of these horrible things.

 

You agree not to use the Website:

  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out below in these Terms of Use below;
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring, copying or “scraping” any of the material on the Website;
  • Use any manual process to monitor, copy or “scrape” any of the material on the Website or its underlying code, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent, including, but not limited to for purposes of competing with the Company in any manner;
  • Use any Artwork taken from the Website in any way without an express written license from the copyright owner of the Artwork;
  • Use any device, software, or routine that interferes with the proper working of the Website;
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
  • Otherwise attempt to interfere with the proper working of the Website.

 

CONTENT STANDARDS

This section is a close relative of the section above.  While that section deals more with prohibited actions, this section deals with prohibited content that you are not allowed to upload or create on the Website.  As such, your Artwork, Personal Content and User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
  • Be likely to deceive any person;
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act;
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

MONITORING AND ENFORCEMENT; TERMINATION

In keeping with our desire to make Artonomo a great place for our Users, we have to serve as the sheriff at times.  As such, we have the right, within our sole discretion, to:

  • Take any action with respect to any User Contribution or publicly viewable Artwork as we deem necessary or appropriate in our sole discretion, including if we believe that such material violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company;
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy in accordance with applicable law;
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
  • Terminate or suspend User access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Moreover, and without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

 

With all that said, despite our best efforts it may happen that we are delayed in addressing and removing objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We assume no liability or responsibility to anyone for our performance or nonperformance of the actions described in this section.

 

DO NOT RELY ON INFORMATION POSTED ON OR LINKED FROM THE WEBSITE

We will do our best to keep you informed and educated about the art licensing world.  This may include seminars on sales, marketing, financial, legal or other aspects of your business.  We provide this information to educate, but please understand that any information presented on or through our Website is made available solely for general information purposes.  Even if we post content from experts, or professionals (like attorneys and accountants), it is still only provided for general educational purposes.  We do not warrant the accuracy, completeness, or usefulness of this information.  Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.  In other words, we are not your business advisor, accountant or attorney because every situation is different and may require personalized guidance.  You truly need to hire your own professionals in order to obtain personalized advice.

 

In addition, our Website may include content from third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

 

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

 

EMAIL AND EMAIL NOTIFICATIONS

We may request your email address on certain forms published on the Website, including as part of registration on the Website.  By providing your email, you consent to Artonomo using the email address to send you notices related to the Website, including any notices required by law, in lieu of communication by postal mail.  We may also use your email address to send you other messages, such as changes to features of the Website, changes to these Terms or other policies, and special offers.  Artonomo may provide other notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, or through posting of such notice on our website, as determined by Artonomo in our sole discretion (in accordance with applicable law and our Privacy Policy).  Artonomo is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us.  Registered Users can manage email and notifications preferences on the account settings page in the event that there are certain types of emails that you do not want receive.  However, there may be certain emails that you cannot opt out if we deem them important for all Registered Users.

 

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

At one time or another this Website may provide certain social media features that enable you to perform certain activities such as:

  • Linking from your own or certain third-party websites to certain content on this Website.
  • Sending emails or other communications with certain content, or links to certain content, on this Website.
  • Causing limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

 

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop.  We reserve the right to withdraw linking permission without notice.

 

We may disable all or any social media features and any links at any time without notice in our discretion.

You may also link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

 

ARTONOMO FULFILLMENT POLICY

 

1. Product Descriptions
We provide clear and detailed descriptions of all software and webinar products available on our website. Each product listing includes information about features, system requirements, and usage terms to help you make an informed purchasing decision.

 

2. Purchase Currency
All prices on our website are displayed in US Dollars, unless explicitly stated otherwise.

 

3. Customer Service Contact Information
Our team is here to assist you. You can reach us through the following methods:

  • Email: help@artonomo.com
  • Phone: +1 404-387-9190

4. Fulfillment Policies

  • Refund Policy: Refunds for software purchases are offered under the following conditions: Refunds are available for purchases made in error, provided the software has not been activated. Please contact us within 15 days of your purchase to request a refund.
  • Delivery Policy: All software products are delivered digitally. Upon successful payment, you will receive an email with a download link or access instructions (if applicable). Please ensure the email address you provide is accurate.
  • Access and Activation Policy: Software access is granted upon payment confirmation, and access information is issued to the email address provided during checkout.
  • Cancellation Policy: Orders can be canceled prior to accessing or using the software. Once the software has been activated, cancellations are no longer possible.

5. Legal or Export Restrictions
Our software products may be subject to export restrictions. It is your responsibility to ensure compliance with local laws and regulations regarding software use and access.

 

6. Privacy Policy
We value your privacy and are committed to protecting your data. For details on how we handle your personal information, please refer to the Privacy Policy on our website.

 

7. Business Address
Artonomo
1117 Antioch Dr. NE; Brookhaven, GA 30319

 

8. Terms of Promotions
Promotions, discounts, and trials are subject to the terms outlined at the time of the offer. Please refer to specific promotional details before making a purchase.

 

9. Website and Payment Security
Our website uses HTTPS and complies with PCI standards to protect your payment information. Your payment details are processed securely, and we do not store sensitive card information.

 

10. Accepted Payment Methods
We accept the following payment methods: Visa, Mastercard, American Express, Discover

 

11. Compliance with Card Network Policies
Our policies align with the guidelines of Visa, Mastercard, American Express, and Discover. For further details on these policies, please contact the respective card networks.

 

DISCLAIMER OF WARRANTIES

With our apologies, we are now getting to the paragraphs that use ALL-CAPS.  You know when we start using ALL-CAPS things are going to start sounding serious and legal.  Unfortunately, we can’t really sugarcoat this stuff.

 

You may be able to download certain files from our Website.  While we do our best to prevent any malicious code from making its way onto our Website, we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR MATERIALS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $50 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE CONTENT OR SERVICE IN THE LAST 6 MONTHS OUT OF WHICH LIABILITY AROSE.

 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

 

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

 

INDEMNIFICATION

This section essentially says that if you do something that is against the rules or out of the ordinary and that thing gets Artonomo sued or otherwise in trouble with a third party, you agree to cover our costs to defend ourselves or otherwise resolve the problem.  You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website in any such manner that causes us to incur liability to a third party, including, but not limited to, your User Contributions, any use of the Website’s content and/or Services.

 

GOVERNING LAW AND JURISDICTION

Artonomo is based out of Atlanta so we expect that most legal disputes will get resolved in Atlanta.  All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Georgia, in each case located in the City of Atlanta and Fulton County, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

 

NO CLASS OR REPRESENTATIVE PROCEEDINGS: CLASS ACTION WAIVER

YOU AND ARTONOMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Artonomo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

 

DISPUTE RESOLUTION; ARBITRATION AGREEMENT

Either you or we may start arbitration proceedings. Any arbitration between you and Artonomo will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”), as modified by this Arbitration Agreement. You and Artonomo agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. Artonomo can also help put you in touch with the AAA.

 

Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.

 

If you choose to file an arbitration proceeding and you are required to pay a filing fee, Artonomo will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. Artonomo will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

WAIVER AND SEVERABILITY

We may decide to waive certain terms or conditions set out in these Terms of Use from time to time.  Such decision or inaction should not be interpreted as requiring us to continue to waive such terms or conditions or any other terms or conditions in the future. If we fail to assert a right or provision under these Terms of Use that should not be interpreted as constituting a full waiver of such right or provision.  In other words, just because we decide to cut you some slack for a period of time, that doesn’t mean we have to keep cutting you slack indefinitely.  After a while, enough may be enough.

 

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy and any other policies posted on the Website constitute the sole and entire agreement between you and Artonomo regarding the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 

YOUR COMMENTS AND CONCERNS

This website is operated by ImagineTraxx LLC d/b/a Artonomo with offices at 1117 Antioch Dr NE, Atlanta, GA 30319.  For questions about these terms, please contact legal@Artonomo.com.

Reporting

There is a wealth of data to be found in the REPORTS section.  Access this page in by clicking “REPORTS” in the left navigation.  The Data Summaries panel includes reports that can be exported.  The Data Warnings panel warn you of duplicates in your system that need to be merged or addressed.  Security Reports allow you to see either Registrations or Log ins within a specified date range.  Search Reports allow you to view searches by Keyword or Theme for a specified date range.  Keep in mind that users that chose to stay logged in may not show up as individual log ins each time they open the site on their computer.  Daily Logs can be customized to view log-ins, registrations, search terms, or art opens on a specific date.

Got an idea for a report that we don’t have yet?  Email us at help@artonomo.com!  We are constantly looking for new ways to expand our reporting library.

Adding Contacts

The first step to adding a contact is creating the LICENSEE – this is the COMPANY or GROUP that an individual works for.  Create new Licensees by selecting the Licensee section (in the left hand navigation) and then clicking “CREATE LICENSEE” in the top right corner.   Here, you’ll enter the basic information about the licensee and click SAVE (in the ACTION bar). The only required fields at this point are the name of the Licensee and a Liaison (who, for most single artists, will just be the artist who owns the sight). Once you have set up the Licensee, you will have the opportunity to add Representatives.  These are the INDIVIDUAL PEOPLE who work for a Licensee or Company.  Click “New Representative” in the Representatives panel of the specific Licensee page to add individuals.  Once you have provided their contact information, you can choose to have log in credentials sent to them via email.  If you do not click this box, they will not receive credentials, and will just remain as contacts within your account.  If you do select to create login credentials, we recommend sending a separate email letting them to be on the lookout for credentials, as often these emails will be filtered to junk/spam by certain email clients.

You can also direct clients or visitors to register themselves to your site.  Provide clients and visitors with your personalized domain (i.e. Yourname.artonono.com).  Once there, they can input their log in information or click “Register Here” at the bottom of the page.  If they register, they will enter their contact information and credentials will be emailed to them.  You can view your recent registrations at any time in your REPORTS section.  If you would you like more carefully control access to your site, you can select “Approved Registration” in your Site Settings and all new registrations will require you to approve them before receiving log in credentials.  The default setting is “Open Registration”  Remember, you can always look to see who has registered and logged in in your REPORTS section and you can remove any user from your site at will.  You have the control over who sees and interacts with your art!

Adding Artwork

To upload art, use the “UPLOAD ART” button. This button can be found in the top right of your Home Screen for new users. Users with art already in their portfolio can also access the upload screen by clicking “Upload Art” on the Portfolio Panel or “Add Art” in the ACTION bar while viewing their Portfolio.

Once you’ve navigated to the Uploading Art screen, follow the steps laid out on the screen. (1. Select Art from your computer, 2. Select tags to apply to ALL selected art in that upload (great for tagging entire collections at the same time), 3. Click “Upload Art)

Once your art is uploaded to your portfolio, you can find it in the Portfolio Panel, which appears in the Home screen as well as the “Art” Section (Sections can be navigated to by using the left hand menu).

Click “View Portfolio” to see your entire portfolio in grid layout. Images appear with the most recently uploaded images at the top by default. You may curate the order of your images by dragging and dropping images where you want them to go within a page. Or, click the “Arrange Art” link in the ACTION bar to select multiple images to move to the front or back of your portfolio, or to change the arrangement to alphabetical order.

You can use the drop down menus at the top of the portfolio grid to change the number of images per page and the size of the images. (Note that these selections are determined by the individual user – so your visitors will be able to change their own view preferences – you are only setting the view preferences for yourself). You can also select images that you would like HIDDEN from your mail portfolio by clicking “Show” or “Hide” Visibility in the top menu of the Portfolio.

To create new Themes (also commonly called “Collections” – this nomenclature can be customized in the Site Settings), select the art to start off that Theme, click the 3 dots next to ADD TO THEMES in the CURATE ART section to the left of the grid, add a new collection name, and click the +

You can arrange and edit your themes by clicking “Themes” in the ACTION bar and selecting a Theme from the grid. This is always where you can add a Theme Lookbook if you have one. Artists divide their work into various categories using our Themes feature. Some choose to sort images by “Collection” (i.e. Cozy Christmas, Picnic Time, Lake Living). Other sort their images into seasonal themes (i.e. Holiday, Patriotic, Back to School) or mediums or techniques (i.e. Watercolor, line art, abstracts). And many do a combination! It’s totally up to the artist how they want to sort and organize their art.

If you create a Theme, let’s say “Lake Living”, any art that is already tagged with a “Lake Living” tag will AUTOMATICALLY be pulled into that theme. You can always open the theme and remove any art that you do not want to include.

Copyright Policy

Reporting Claims of Copyright Infringement

At artonomo, we take claims of copyright infringement very seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the artonomo site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement that you have a good faith belief that useof the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the written notice is accurate.
  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

You can contact our designated copyright agent by sending DMCA Notices to:

legal@artonomo.com
ATTN: Jason Aquilino, artonomo Chief Legal Officer
1117 Antioch Dr NE #2303, Atlanta, GA 30319

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

 Counter Notification Procedures

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a “Counter Notice“) by submitting written notification to our copyright agent as designated above. Pursuant to the DMCA, the Counter Notice must include substantially the following:

  • Your physical or electronic signature.
  • An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  • Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  • A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  • A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Websitemay be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

Privacy Policy

Introduction

This Privacy Policy applies to artonomo.com (the “Website”), which is owned and operated by ImagineTraxx LLC d/b/a artonomo (“we,” “our” or “artonomo”).

At artonomo, we recognize and respect your privacy. This Privacy Policy explains how we collect, use, and disclose personally identifiable information (“Personal Information”) gathered through our Website. Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using the Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of the Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

When and to What This Policy Applies

This policy applies to information we collect:

  • On the Website.
  • In email, text, and other electronic messages between you and the Website.
  • Through mobile and desktop applications you download from the Website, which provide dedicated non-browser-based interaction between you and the Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by artonomo or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Note that artonomo is a business-to-business, not a consumer, website and that we may also collect information regarding businesses.

The Privacy Policy is subject to and incorporates by reference our Terms of Use, including its limitation on liability.

Age Limitation

Our Website is meant for business-to-business applications and is not intended for anyone under 18 years of age. No one under age 18 may provide any information to or on the Website. We do not knowingly collect personal information from anyone under 18.  If you are under 18, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a person under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about an individual under 18, please contact us at legal@artonomo.com.

Information We Collect About You and How We Collect It

We may collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, e-mail address, state or country of origin, website addresses or any other identifier by which you may be contacted online or offline (“personal information”);
  • That is about you but individually does not identify you, such as your IP Address; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  1. Directly from you when you provide it to us.
  2. Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  3. From third parties, for example, our business partners.

Information You Provide to Us

Some information collected from you is required and some is optional.  Your information will remain private unless you authorize us to share it with third parties. Additional information may be gathered during your subsequent use of the Website, whenever you choose to provide it.  Certain Personal Information must be supplied to determine eligibility for our services, receive notices from us, to purchase a subscription to our services, participate in transactions through our website, and to verify and guard against potential fraud.

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to newsletters or notice alerts, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website. This payment information is kept securely by our payment processing service provider(s).
  • Your search queries on the Website, which may be used in an aggregated manner to create trend and other statistical reports.
  • Files of the images you choose to upload to the Website and any descriptions, tags, categorization or other information that you might choose to provide in connection with such images.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages and you may set certain privacy settings for such information by logging into your account profile once you become a registered user, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions or to whom you choose to share your portfolio of images. Therefore, we cannot and do not guarantee that your User Contributions or your portfolio of images will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is only statistical data and does not include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Web Beacons. Pages of the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit artonomo, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To provide you with notices about your account/subscription, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website, including this policy and our Terms of Use, or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe at the time that you provide the information.
  • For any other purpose with your prior consent, which consent may be given by changing settings within the privacy section of your account profile once you become a registered user.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, which in turn will be the purposes for which you disclosed it to us.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of artonomo’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by artonomo about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address in connection with inviting a new user to the Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us at the time you provide the information.
  • With your prior consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of artonomo, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Marketing Communications. We may send you emails from time-to-time about information that we (or third parties) believe may be of interest to you. We may also send you news and offers from us or other third parties, which may include our newsletter or information about special offers, products or offerings, or other items.  If, at any time, you would like to stop receiving these promotional e-mails, you may follow the opt-out instructions contained in any such e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. You may also opt-out to various marketing communications by logging into the Website and adjusting your user preferences in your account profile (once you are a registered user).  If you opt-out of receiving emails or promotions from us, we still may send you e-mails about your account, your application or any products or services you have requested or received from us, or for other customer service purposes

Miscellaneous

Accessing and Correcting Your Information

You can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at legal@artonomo.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, cause the information to be incorrect or may cause a situation where artonomo will become non-compliant with applicable laws or regulations.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users.  Proper access and use of information provided on the Website, including User Contributions, is governed by our Terms of Use.

Data Retention

We will retain your information for as long as your account is active or as needed to provide you with services. In addition, we are required to keep, retain your information as necessary to comply with our legal obligations, resolve disputes, and enforce agreements.

Testimonials

We may display personal testimonials of satisfied customers on our site in addition to other endorsements. With your consent we may post your testimonial along with your name. If you wish to update or delete your testimonial, you can contact us at legal@artonomo.com.

Third-party Links

At times, our Website may contain links to other, third-party websites. Any access to and use of such linked websites is not governed by this Privacy Policy but, instead, is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

International Users

The Website is hosted in the United States. If you are accessing the Website from outside the United States, by providing your information to the Website, you are consenting to and authorizing the transfer of your information to the United States for storage, use, processing, maintenance, and onward transfer of such information to other entities regardless of their location in accordance with this Privacy Policy and our Terms of Use. You are also consenting to the application of United States law in all matters concerning the Website.  Additional information for users protected by the General Data Protection Regulation (GDPR) can be found below.

Security

artonomo takes reasonable steps to safeguard your personal and sensitive information through vigorous physical, electronic, and operational policies and practices. Data can only be read or written through defined service access points, the use of which is password-protected. The physical security of the data is achieved through a combination of network firewalls (there is no direct communication allowed between the database server and the Internet) and servers with operating systems, all housed in a secure facility. Access to the system is controlled.

Further, we also equip our servers with Secure Socket Layer (SSL) certificate technology to ensure that when you connect you are actually on our Website. SSL also ensures that all data entered into the web site is encrypted. To verify that SSL is being used, look for the key or padlock icon on your browser. For further encryption protection, we use a 256-bit secure browser for logins and transactions. Finally, we subject our systems to periodic security audits to ensure that your information is thoroughly protected and secure.

No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at legal@artonomo.com.

Secure, Off-Website Hosting

We do not handle financial data such as credit card data, but instead use a third-party provider.  For information on our provider’s privacy policy, please see https://stripe.com/privacy.

Session Time-Outs

We also employ session time-outs to protect your account. You will be logged out of the Website automatically after a specified period of inactivity. This time-out feature reduces the risk of others being able to access your account if you leave your computer unattended.

Passwords

Your password is not known to any employee or third party with whom we may partner, and we will never ask for your password as a means of identifying yourself. You should never share your password with anyone, and if you ever receive an email purporting to come from us that asks for your password, you should immediately report this development to us at legal@artonomo.com.

What You Can Do to Protect Your Privacy

In addition to our own substantial efforts, you can take several precautions to protect the security of your computer and Personal Information. For instance, you can start by using a complex/well-chosen password. You should avoid using any information that others can easily learn about you, such as a family member’s name or birthday; you can also use special characters in place of letters. We also recommend that you change your password frequently. You can also install and regularly update antivirus and firewall software to protect your computer or device from external attacks by malicious users. When you are finished with a session on our site, be sure that you log out and close the browser window.

If you use a computer that is accessed by other people, such as in a public library or Internet cafe, we recommend that you take special precautions to protect the security of your account and personal data. When you are finished using our site, you should log out completely, then close the browser window and clear the browser’s cache files.

You should also be aware of fraudulent attempts to gain access to your account information known as “phishing.” Phishing is a tactic used by scammers in which unsuspecting people are brought to a website by a genuine-looking email purporting to be from a legitimate company. The phony or “spoof” email takes the person to a website that looks legitimate but in fact is not. Either in the email itself or on this fake site, scammers will ask for login information to gain access to people’s accounts and withdraw their money. artonomo will never ask you for your login information in the context of any email. In general, you can protect yourself against phishing by never providing personal or login information via an email, instead, go the web site directly. You might also make it a habit to check the URL of a web site to be sure that it begins with the correct domain. You should always ensure the URL begins with https://artonomo.com.

Changes to This Policy

We may update this privacy policy to reflect changes to our information practices. If we make any material changes we will notify you by email and/or a notice on this Website prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us

Questions? You may contact us with any questions or concerns about this Privacy Policy at:

legal@artonomo.com
ATTN: Jason Aquilino, artonomo Chief Legal Officer
1117 Antioch Dr NE #2303, Atlanta, GA 30319

Nevada Residents

Nevada residents who wish to exercise their sale opt-out rights under Nevada Revised Statutes Chapter 603A may submit a request to this designated address: legal@artonomo.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

General Data Protection Regulation (GDPR) Privacty Notice

1. Purpose of this notice

This portion of our Privacy Policy provides mandatory information as required under Articles 13 and 14 of the European General Data Protection Regulation (GDPR) regarding the transparency of personal data processing in connection with individuals residing in countries that have adopted the GDPR. Definitions of certain terms within this notice are explained in the GDPR Appendix below.

2. The Data Controller for personal data

artonomo will be a Data Controller when it collects personal data directly from you (in which cases you are the “Data Subject”). In these circumstances artonomo will be acting under a ‘Legitimate Interest’ to legally process the data for the provision of services to you and to fulfill the contractual requirements under our Terms of Use.

3. Your Rights

If you are a Data Subject located in a country that has adopted the GDPR, then you have certain rights under the GDPR. These rights can be seen below. artonomo will always fully respect your rights regarding the processing of your personal data, and has provided below the details of the person to contact if you have any concerns or questions regarding how we process your data, or if you wish to exercise any rights you have under the GDPR.

4. Contact Details

If you need contact artonomo regarding your rights under the GDPR, please direct your inquiries to:

Jason Aquilino, Chief Legal Officer of ImagineTraxx, LLC d/b/a artonomo
1117 Antioch Dr NE #2303, Atlanta, GA 30319
legal@artonomo.com

5. Data Protection Principles

artonomo has adopted the following principles to govern its collection and processing of Personal Data:

  • Personal Data shall be processed lawfully, fairly, and in a transparent manner.
  • The Personal Data collected from the Data Subject will only be those specifically required to provide the Data Subject with the service(s) he/she has actively chosen to obtain from artonomo, including the provision of notifications in connection with such services.  Data may be used for other purposes such as marketing additional products and services from artonomo and its partners, but you will always have the right to turn such other uses on and off within the privacy section of your user account settings. Such data will only be processed for these purpose.
  • Personal Data shall only be retained for as long as it is required to fulfil contractual requirements, comply with accounting and auditing requirements or to generate aggregated statistical information for our internal marketing purposes or the development of statistical reports such as user trend reports.
  • Personal Data shall be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and/or processed. Personal Data shall be accurate and, where necessary, kept up to date.
  • The Data Subject has the right to request from artonomo access to and rectification or erasure of their personal data, to object to or request restriction of processing concerning the data, or to the right to data portability. In each case such a request must be put in writing to the contact above.
  • The Data Subject has the right to make a complaint directly to a supervisory authority within their own country. artonomo’s Data Protection compliance is supervised by:
    • Jason Aquilino, Chief Legal Officer of ImagineTraxx, LLC d/b/a artonomo
      1117 Antioch Dr NE #2303, Atlanta, GA 30319
      legal@artonomo.com

Personal Data shall only be processed based on the legal basis explained above, except where such interests are overridden by the fundamental rights and freedoms of the Data Subject which will always take precedent. If the Data Subject has provided specific additional Consent to the processing, then such consent may be withdrawn at any time (but may then result in an inability to fulfil travel requirements).

artonomo will not use personal data for any monitoring or profiling activity or process, and will not adopt any automated decision-making processes.

6. Transfers to Third Parties

artonomo does not share or transfer Personal Data to third party companies.   When you provide payment information in order to purchase services or other financial transactions, artonomo does use a third-party payment processor. See https://stripe.com/privacy.

7. Transfers outside the EU

artonomo is located in the United States and all Personal Data that the Data Subject shares with artonomo will be processed and stored by artonomo in the United States.  When the Data Subject provides Personal Data, it will be transferred to artonomo and its servers within the United States.

GDPR Appendix – Definitions of certain terms referred to above:

Personal Data: (Article 4 of the GDPR): ‘personal data’ means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Processing: (Article 4 of the GDPR): means any operation or set of operations which is performed upon personal data or sets of personal data, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, erasure or destruction.

Legal Basis for Processing: (Article 6 of the GDPR): At least one of these must apply whenever personal data is processed:

  • Consent: the individual has given clear consent for the processing of their personal data for a specific purpose.
  • Contract: the processing is necessary for compliance with a contract.
  • Legal obligation: the processing is necessary to comply with the law (not including contractual obligations).
  • Vital interests: the processing is necessary to protect someone’s life.
  • Public task: the processing is necessary to perform a task in the public interest, and the task or function has a clear basis in law.
  • Legitimate interests: the processing is necessary for the legitimate interests of the Data Controller unless there is a good reason to protect the individual’s personal data which overrides those legitimate interests.

Data Controller: (Article 4 of the GDPR): this means the person or company that determines the purposes and the means of processing personal data.

Data Subject Rights: (Chapter 3 of the GDPR) each Data Subject has eight rights. These are:

  • The right to be informed; This means anyone processing your personal data must make clear what they are processing, why, and who else the data may be passed to.
  • The right of access; this is your right to see what data is held about you by a Data Controller.
  • The right to rectification; the right to have your data corrected or amended if what is held is incorrect in some way.
  • The right to erasure; under certain circumstances you can ask for your personal data to be deleted. This is also called ‘the Right to be Forgotten’. This would apply if the personal data is no longer required for the purposes it was collected for, or your consent for the processing of that data has been withdrawn, or the personal data has been unlawfully processed.
  • The right to restrict processing; this gives the Data Subject the right to ask for a temporary halt to processing of personal data, such as in the case where a dispute or legal case has to be concluded, or the data is being corrected.
  • The right to data portability; a Data Subject has the right to ask for any data supplied directly to the Data Controller by him or her, to be provided in a structured, commonly used, and machine-readable format.
  • The right to object; the Data Subject has the right to object to further processing of their data which is inconsistent with the primary purpose for which it was collected, including profiling, automation, and direct marketing.
  • Rights in relation to automated decision making and profiling; Data Subjects have the right not to be subject to a decision based solely on automated processing.
How does your system handle contract and contact management?

Artonomo assigns each contract a unique number that you can track throughout the contract lifecycle.  You can view contracts under its own tab or we also have a contract icon that appears on each piece of artwork under contract by a licensee.  You can also view contracts under licensees. If you are an enterprise account you can view contracts under each artist or client as well.  Our system was created to easily find everything you need to know in a few easy clicks.

You also have the ability to add all of your licensees to the system and each contact at the licensee.  You can input titles/functions for each contact and the system automatically logs when your contact enter the site and what they look at.

What is an art cms, and how can it benefit my business?

As artist, your largest asset is your artwork.  Your second largest asset is your network of contacts that you build throughout your licensing career.  Being able to manage all of your contacts and your artwork under one platform creates efficiencies in your business and allows you to spend less time managing your business and more time creating artwork.

How does Artonomo help me streamline my workflow?

Artonomo can help you streamline your workflow in a number of ways, including:

  • organize and store your digital assets, such as images, videos, and documents so you can easily find and access the assets and metadata you need
  • track your customer interactions, manage your leads, and stay organized so you can provide individualized and informed customer service
  • create and manage a professional online portfolio to showcase your work to potential clients and collaborators
  • communicate with your customers, collaborators, and team members
  • generate reports on your activities and performance to track your progress and make informed decisions about your business
Can I customize the system to fit my specific needs?

Yes!

Several customizations can be made to individual accounts in the Site Settings (by clicking your name in the upper right corner)

  • Select your Design Palette and customize your colors to reflect your brand identity
  • Customize your Art and Agreement options to determine default settings and nomenclature

Use the Modules options (by clicking your name in the upper right corner) to customize your

  • Product Categories
  • Currencies
  • Team Members
  • Notification Emails

Your Home Screen can also be customized to include the panels you use the most.  Simply find the panel, hover over it, and click the house in the upper right hand corner of the panel to add it to your Home Screen.

What kind of customer support and training do you provide?

We are happy to set up demo calls with new users to make sure you are comfortable setting up and using your account.  Reach out to us at help@artonomo.com to set up a call with our Customer Service team.  We also have a growing library of videos available on our YouTube channel: https://www.youtube.com/@Artonomo/videos

How do I create an account and get started using your application?

To create an account, sign up at pro.artonomo.com and follow the steps to set up your new account.  Your mew domain will open upon creation.  If you run into any problems, feel free to reach out to help@artonomo.com