ARTCITE.ORG
TERMS OF USE AND END USER LICENSE AGREEMENT
AND
PRIVACY POLICY
Please read this TERMS OF USE AND END USER LICENSE AGREEMENT AND PRIVACY POLICY carefully before using this website or the ArtCite Workshop application. In return for receiving the Services through the ArtCite application OR by using this website, you ("User") confirm your agreement with the TERMS OF USE AND END USER LICENSE AGREEMENT AND PRIVACY POLICY and agree that you are responsible for compliance with any laws applicable to such use.
ARTCITE.ORG. reserves the right to modify the TERMS OF USE AND END USER LICENSE AGREEMENT AND PRIVACY POLICY or to change, suspend, or discontinue its services (including without limitation, the availability of any feature, database, fees, or content) or to close any USER ACCOUNT, at any time, without notice and without updating the content of this website or the ArtCite application.
By continuing to use this website or the ArtCite application after such updates are posted, you convey your acceptance of such changes.
If you do not agree with the TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY in whole or in part, do not use this website or the ArtCite Workshop application.
This TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY is made by and between ArtCite, Org. ("ArtCite"), a Canadian Organisation with its principal place of business at 322 Villeray, Montreal, Quebec, H2R 1G7 Canada and User, an individual or corporation. If User has a ArtCite User Account ("Account"), User shall be identifiable by User's Account details.
You agree to provide accurate and complete information when registering with and when using the website and the ArtCite Workshop. You agree to update your Account details to keep them accurate and complete and agree that ArtCite may store and use the Account details you provide to maintain and purchase fees or any other fees related to ArtCite's Services, if applicable, to your Account. In the event that you close your Account, or your Account is closed by ArtCite under the terms of this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY, you will remain liable for all amounts due under your Account.
1. Licenses.
A. Website
(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.
The content of this website and the ArtCite Workshop are protected by applicable copyright, trademark and other intellectual property laws. All material published in this website and in the ArtCite Workshop (including but not limited to images, illustrations, information, documents and related graphics) are the sole property of ArtCite or its licensors and may not be reproduced, modified, uploaded, downloaded, posted, transmitted, republished or distributed without ArtCite's written permission, except as expressly set forth in this TERMS OF USE AND END USER LICENSE AGREEMENT. Modification of the content or use of the content for any other purpose is a violation of the copyrights and other proprietary rights of ArtCite. ArtCite reserves all rights not expressly granted to User in this TERMS OF USE AND END USER LICENSE AGREEMENT.
Neither this TERMS OF USE AND END USER LICENSE AGREEMENT nor any activity conducted pursuant to this TERMS OF USE AND END USER LICENSE AGREEMENT shall be construed by implication or otherwise as an agency or partnership relationship, an obligation to disclose any particular item of Confidential Information, an obligation to negotiate or enter into any further agreement, or as the granting to the Recipient of any right, express or implied, including any rights under any patent, patent application, registered or unregistered intellectual property, trade secret, or a license to the Recipient to use the Confidential Information.
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.
(ii) USER'S EXCLUSIVE REMEDY FOR ANY BREACH OF THIS TERMS OF USE AND END USER LICENSE AGREEMENT AND PRIVACY POLICY SHALL BE, AT THE OPTION OF ARTCITE (a) A REFUND OF THE AMOUNT PAID BY USER FOR THE DATA IN DISPUTE; OR (b) REPAIR OR REPLACEMENT OF THE DATA IN DISPUTE.
5. Injunctive Relief.
User acknowledges that, in the event of the breach of this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY, irreparable harm may occur to ArtCite and money damages may not be a sufficient remedy for such a breach. Accordingly, in the event of such a breach or threatened breach, ArtCite, in addition to any other remedies at law or in equity that it may have, shall be entitled, without the requirement of posting a bond or other security, to seek equitable relief, including injunctive relief or specific performance or both, as a court of competent jurisdiction may allow.
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.
7. Confidentiality.
This website and the ArtCite Workshop contain confidential information and proprietary information valuable to ArtCite and its licensors. User may use or disclose that confidential or proprietary information solely as permitted under this Terms of Use and End User License Agreement.
8. Security.
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.
USER IS SOLELY RESPONSIBLE FOR ANY ACTIVITY THAT OCCURS THAT IS ATTRIBUTABLE TO USER'S ACCOUNT. USER MUST, THEREFORE, KEEP ACCOUNT DETAILS CONFIDENTIAL AND MUST ENSURE THAT ANY THIRD PARTY ACCESSING OR USING USER'S ACCOUNT, INCLUDING BUT NOT LIMITED TO USER'S EMPLOYEES, AGENTS OR REPRESENTATIVES, ARE AWARE OF AND COMPLY WITH THE TERMS OF THIS TERMS OF USE AND END USER LICENSE AGREEMENT AND PRIVACY POLICY. USER WILL BE FULLY RESPONSIBLE FOR ANY AUTHORIZED OR UNAUTHORIZED ACTIONS BY THIRD PARTIES ATTRIBUTABLE TO USER'S ACCOUNT AND FOR ANY BREACH OF THIS TERMS OF USE AND END USER LICENSE AGREEMENT AND PRIVACY POLICY BY THIRD PARTIES ACCESSING OR USING USER'S ACCOUNT. ALTHOUGH ARTCITE WILL NOT BE LIABLE FOR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF USER'S ACCOUNT, USER MAY BE LIABLE FOR THE LOSSES OF ARTCITE OR OTHERS DUE TO SUCH UNAUTHORIZED USE. USER MUST NOTIFY ARTCITE IMMEDIATELY OF ANY BREACH OF SECURITY OR UNAUTHORIZED USE OF USER'S ACCOUNT, BY CONTACTING support@artcite.org.
9. General Provisions.
This TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY shall be governed in accordance with the laws of Quebec, Canada, and shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. The parties agree to submit to the exclusive jurisdiction of the courts of Quebec, district of Montreal for the resolution of any disputes relating to this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY and expressly consent to the exclusive jurisdiction of said courts, without regard to conflict of law principles.
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.
ArtCite shall not be responsible for any failure or delay in its performance under this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY due to causes beyond its reasonable control, including, but not limited to, labour disputes, strikes, lockouts, shortages of or inability to obtain labour, energy or supplies, war, terrorism, riot, acts of God, or mechanical, electronic or communications failure or degradation.
Failure by a party to enforce any provision of this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY will not constitute a waiver of future enforcement of that or any other provision.
If for any reason a court of competent jurisdiction finds a provision of this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of this TERMS OF USE AND END USER LICENSE AGREEMENT and PRIVACY POLICY will remain in full force and effect.
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.
PRIVACY POLICY
ArtCite is committed to protecting the privacy of the personal information it receives from its customers and online users. This privacy policy explains what type of personally identifiable information is collected and how this information is or will be used. In order to use this website, to use the ArtCite Workshop or to purchase Services it may be necessary for you to provide certain personally identifiable information, including your name, address, email address, phone number, payment information and other similar personal information. Please do not provide any personally identifiable information if you do not want it to be collected; however, please be advised that failure to provide certain information may limit your ability to use this website, to use the ArtCite Workshop or to purchase Services.
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 support@artcite.org.
ArtCite may share your personally identifiable information with third parties where (i) you consent to such disclosure; (ii) to comply with legal requirements including a court order, subpoena, government request or search warrant; (iii) to enforce the TERMS OF USE AND END USER LICENSE AGREEMENT, including the investigation and prosecution of any violations thereof or (iv) to protect the safety of you, other users of the website and the ArtCite Workshop or members of the public. ArtCite may also share any information in aggregate form.
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.
This website and the ArtCite Workshop may provide links to other websites maintained by third parties. This policy does not apply to those websites. ArtCite is not responsible for the content or administration of those third parties websites and links to such other sites are provided only as a convenience to users of this website and you should review their privacy policy to understand how they deal with personally identifiable information.
If you wish to have your personally identifiable information removed from the records of ArtCite, please contact support@artcite.org.
Last updated June 16th, 2023