By continuing to use this website or the ArtCite application after such updates are posted, you convey your acceptance of such changes.
(i) You must be aged at least 13 years old to use this site.
(ii) The applicable purchase fee is set at the time of purchase and is final and non-refundable. User is responsible for any applicable sales taxes.
(iii) The application data shall never be used, extracted or reverse engineered by User or any third party for any reason, including, but not limited to, for manipulation purposes, for resale or to compete with ArtCite's project. Any use, modification, copying, reproduction, sublicensing or resale of the Data is prohibited without the express prior written consent of ArtCite. USER REPRESENTS AND WARRANTS THAT IT WILL NOT USE DATA IN ANY WAY WHICH COMPETES WITH THE ARTCITE WORKSHOP APPLICATION, INCLUDING BUT NOT LIMITED TO USING THE DATA IN AN APPLICATION OR OTHER FORMAT SIMILAR TO THE ARTCITE APPLICATION.
(iv) ArtCite shall have no obligation to provide support to User, other than to correct any discrepancies of the Data purchased by User, which is determined by ArtCite.
B. Publication of Contributor's Art and Royalties
(i) Contributing Artists may submit artwork ("Art Data") to be made public by the ArtCite website in exchange for royalties. The Art Data will be published and available for purchase in the form of a public estore in accordance with Part A (Website) of this Section. The Art Data may be used by ArtCite for other promotional or publicity purposes. Once Art Data has become public, this decision may be revoked by the Artist in order to preserve the integrity of the ArtCite library.
(ii) The royalty shall be a fixed percentage of the purchase fee, paid out to the artist's or succession's banking information. ArtCite may modify the royalty rates at any time.
(iii) ArtCite reserves the right to determine, based on the originality, quality and content of the Art Data whether the Art Data will be made available to the public. ArtCite may also decide to remove the Art Data from its publicly available databases for any reason. Any content judged to be unsuited for distribution may be refused, blocked or deleted by ArtCite.
2. Proprietary Rights.
3. Disclaimer of Warranties.
THE SERVICES, THE ARTCITE WORKSHOP APPLICATION, AND THE DATA ARE PROVIDED TO USER ON AN "AS IS"/"AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. ARTCITE MAKES NO WARRANTY AS TO (A) THE COMPLETENESS, ACCURACY, TIMELINESS, QUALITY, LIKELY RESULTS OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEB SITE OR ANY WEB SITES LINKED TO THIS WEB SITE OR THE ARTCITE WORKSHOP APPLICATION; AND (B) THAT THE FUNCTIONS CONTAINED IN THIS WEB SITE OR THE ARTCITE WORKSHOP APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB SITE, THE ARTCITE WORKSHOP APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF MALWARE. IT IS USER'S RESPONSIBILITY TO VERIFY ANY INFORMATION CONTAINED IN THIS WEB SITE OR IN THE ARTCITE WORKSHOP APPLICATION BEFORE RELYING ON IT.
4. Limitation on Remedies.
(i) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, EXCEPT AS PROVIDED IN ACCORDANCE WITH PART (ii) OF THIS SECTION, SHALL ARTCITE BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT), PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OR USE OF THIS WEB SITE, THE USE OF THE ARTCITE WORKSHOP APPLICATION, AND/OR THE INFORMATION CONTAINED IN THIS WEB SITE, REGARDLESS OF WHETHER ARTCITE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.
5. Injunctive Relief.
6. Third Party websites and Products.
This website and the ArtCite Workshop may provide links to other websites maintained by third parties or may refer to third party software and other products. ArtCite is not responsible for the content or accuracy of such other websites and shall not be responsible for any damages or injury arising from users' access to such websites or use of their software and other products. Links to other websites are provided only as a convenience to users of this website and the ArtCite Workshop. The inclusion of any link or the reference to any third party software or other product does not imply endorsement by ArtCite of such website.
ArtCite uses industry-standard methods of securing its electronic databases and is committed to protecting the privacy and proprietary information of its Users. User however recognizes that no company can fully ensure the security of its electronic databases against unauthorized access by third parties or dishonesty by its employees or agents. ArtCite therefore cannot be held responsible for any misappropriation of the User's Data or other proprietary information or otherwise provided to ArtCite.
9. General Provisions.
With the exception of an action by ArtCite to enforce its rights for violation by the User of ArtCite's copyright or other intellectual property, User and ArtCite agree that any cause of action they have against the other arising out of or related to the Services, the ArtCite Workshop, or the Data must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Les parties ont convenu que cette entente soit rédigée dans la langue anglaise. The parties have agreed that this agreement be drawn in the English language.
Personally identifiable information is collected to allow provision of the Services including through the use of passwords, to process payments for Services you have purchased, to respond to your questions and requests; and to update and provide you information on ArtCite's products and services. Should you wish to opt-out of receiving information on ArtCite's products and services, please contact firstname.lastname@example.org.
ArtCite will limit access to personally identifiable information to those persons in ArtCite's organization who have a business need for such access. No company, however, can fully eliminate the security risks associated with personally identifiable information. We therefore cannot fully ensure that your personally identifiable information will not be disclosed to third parties. Third parties may intercept or access transmissions or private communications.
ArtCite may collect other non-personally identifiable information about users of our website and the ArtCite Workshop. This type of information will be treated by ArtCite as non-confidential information.
We may also collect information relating to the type of operating system you are using, the domain name of your internet service provider, your geographical location, your Internet Protocol (IP) address and other information that allow us to provide a better service to our users. This website and the ArtCite Workshop may use technology known as "cookies" to improve your user experience. This type of technology collects information about your use of the website and the ArtCite Workshop and transmits that information back to ArtCite to allow ArtCite to optimize your use of this website and the ArtCite Workshop. That information is used by ArtCite only in aggregated form.
If you wish to have your personally identifiable information removed from the records of ArtCite, please contact email@example.com.
Last updated June 16th, 2023