Last Modified: April 1, 2021
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.
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.
