Last Modified: April 1, 2021
- 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.
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.
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.
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.
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.
ACCESSING THE WEBSITE AND ACCOUNT SECURITY
REGISTERED USERS ALSO HAVE ACCESS TO CERTAIN 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
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.
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.
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.
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.
You agree not to use the Website:
- 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 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.
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;
- 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:
- 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
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
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.
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.
GOVERNING LAW AND JURISDICTION
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
WAIVER AND SEVERABILITY
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.