Overview and Acceptance of Terms

Welcome to AR/VR Dreams, doing business as AR Teez. We operate the website https://arteezart.com (the "Site") and the mobile application AR Teez (the "App"). Our Services include offering augmented reality (AR) art canvases, both pre-made and custom designs, where users can upload their own images and videos to create personalized AR experiences.

By accessing or using our Site or App, you agree to comply with and be bound by these Terms and Conditions (the "Terms"). These Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity, and AR/VR Dreams, doing business as AR Teez.

To use our Services, you must be at least 18 years old. By agreeing to these Terms, you represent that you meet this age requirement or have obtained the necessary consent from a parent or guardian if you are a minor.

If you do not agree to these Terms, you are prohibited from using our Services and must discontinue use immediately.

We reserve the right to update, change, or replace any part of these Terms at our sole discretion. Changes will be effective immediately upon posting the updated Terms on our Site. It is your responsibility to review these Terms periodically to stay informed of any updates. Your continued use of the Services after any changes signifies your acceptance of the revised Terms.

For any questions or concerns, you can contact us at support@arteezart.com.

Jurisdiction and Compliance

The information provided through our Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or would subject us to any registration requirement within such jurisdiction or country. If you choose to access the Services from locations outside the United States, you do so on your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are
applicable.

Our Services are not tailored to comply with industry-specific regulations, such as the Health Insurance Portability and Accountability Act (HIPAA), the Federal Information Security Management Act (FISMA), or the Gramm-Leach-Bliley Act (GLBA). If your interactions with our Services would be subject to such laws, you may not use our Services.

User Responsibilities

By using our Site or App, you agree to the following responsibilities:

  • Accurate Information: You agree to provide accurate, current, and complete information when required, such as during account creation or when submitting content. Providing false or misleading information may result in the suspension or termination of your account.
  • Legal Use of Services: You agree to use our Services only for lawful purposes. You may not use our Services for any illegal or unauthorized activities, including but not limited to violating copyright laws, transmitting harmful code, or engaging in fraudulent activities.
  • Prohibited Access Methods: You may not access our Services through automated or non-human means, such as bots or scripts, unless expressly authorized by us.
  • Monitoring Minors: If you allow minors to use your account, you are responsible for ensuring that they adhere to these Terms and any applicable laws.

Failure to adhere to these responsibilities may result in the suspension or termination of your account, at our sole discretion.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Unauthorized Access

  • Trick, defraud, mislead us, or impersonate other users, or attempt to gain unauthorized access to sensitive account information, such as user passwords.
  • Engage in unauthorized data collection or retrieval, whether commercial or otherwise, including the collection of user data for unsolicited communications, creation of accounts under false pretenses, unauthorized access to other users’ content, or using purchasing agents without permission.
  • Engage in unauthorized data collection, framing, or linking to create databases or directories without our explicit permission.
  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

Content and Intellectual Property Violations

  • Download, redistribute, resell, or use AR packages or user-submitted content for commercial purposes without explicit permission, particularly in ways that violate privacy or intellectual property rights.
  • Upload or submit content (images, videos) without owning the rights or having explicit permission to use it, including copyrighted material, trademarks, or other proprietary content.
  • Misuse AI tools or augmented reality features to create deceptive, misleading, or fraudulent content that violates laws or harms others.
  • Upload or submit content that is illegal, obscene, defamatory, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate or harmful.
  • Use the app or website to create or distribute augmented reality experiences that promote violence, illegal activities, discrimination, or other harmful behavior.
  • Create or distribute augmented reality packages for sale or commercial use outside our platform without explicit permission.
  • Delete the copyright or other proprietary rights notice from any Content.

Malicious Activities and Service Disruption

  • Upload, transmit, or conduct activities that interfere with, disrupt, or create an undue burden on the Services or connected networks, including the use of malicious software or spam.
  • Use, launch, develop, or distribute unauthorized automated tools like scripts, spiders, robots, cheat utilities, scrapers, or other data gathering and extraction tools to access the Services, except for standard search engine or Internet browser usage.
  • Upload, transmit, or attempt to use any material that acts as an information collection or transmission mechanism, including gifs, 1×1 pixels, web bugs, cookies, spyware, or similar devices.

Fraud and Harassment

  • Disrupt or interfere with print-on-demand services through fraudulent orders, production tampering, submitting false information, or misrepresenting your relationship with AR Teez Art.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
  • Disparage, tarnish, or otherwise harm our reputation or the Services.
  • Misuse our support services or submit false abuse or misconduct reports.
  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

Legal Compliance and Unauthorized Use

  • Use the Services in a manner inconsistent with any applicable laws or regulations.
  • Copy, adapt, decipher, decompile, disassemble, or reverse engineer the Services' software or code, except as permitted by applicable law.
  • Use the Services or Content for competitive, commercial, or revenue-generating purposes without permission.
  • Engage in any unauthorized use of the Services.

Product Representation

We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available through our Services. However, we do not guarantee that the colors, features, specifications, or details of the products will be accurate, complete, reliable, current, or free of other errors. Your electronic display may not accurately reflect the actual colors and details of the products.

All products are subject to availability, and we cannot guarantee that items will be in stock at the time of your order. We reserve the right to discontinue any products at any time for any reason without notice. Prices for all products are subject to change at our sole discretion, without prior notice.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Additionally, we reserve the right to limit the quantities of any products or Services that we offer.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected.

Corrections

Occasionally, there may be information on our Site or in the Services that contains typographical errors, inaccuracies, or omissions, including but not limited to descriptions, pricing, availability, and other product details. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services or on any related website is inaccurate at any time without prior notice, including after you have submitted your order.

Purchases and Payment

We accept the following forms of payment:

  • Visa
  • MasterCard
  • American Express
  • Discover
  • PayPal
  • Venmo

When making a purchase, you agree to provide accurate, current, and complete purchase and account information. This includes promptly updating your account details such as email address, payment method, and payment card expiration date, to ensure we can process your transactions and communicate with you as needed. All payments must be made in US dollars.

Sales tax will be added to the price of purchases where required. We reserve the right to change prices at any time without notice. You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees. By placing an order, you authorize us to charge your chosen payment provider for the total amount due.

We take your security seriously. All credit card information is encrypted during transfer over networks to ensure your payment details are secure.

We reserve the right to correct any pricing errors or mistakes, even if we have already requested or received payment.

We reserve the right to refuse or cancel any order at our discretion. This includes, but is not limited to, cases where:

  • Orders are placed by or under the same customer account, using the same payment method, and/or the same billing or shipping address.
  • Orders appear to be placed by dealers, resellers, or distributors.

In the event of a change to or cancellation of your order, we will make reasonable attempts to notify you using the contact information provided at the time the order was made.

Returns/Refund Policy

Our return and refund policy outlines the circumstances under which returns or refunds may be granted. The specific details, including eligibility criteria, timelines, and procedures, are available in our full Return Policy document.

Please review the complete Return Policy at the following link: Return Policy.

By completing a purchase through our Services, you agree to the terms outlined in our Return Policy. We encourage you to review this policy before making a purchase to understand your rights and obligations.

Content Submission Guidelines

User-Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionalities. You may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This includes, but is not limited to, text, writings, video, audio, photographs, graphics, comments, suggestions, or other materials (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

By making any Contributions, you represent and warrant that:

  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions as necessary to exercise the licenses granted by you under these Legal Terms.
  • Your Contributions do not and will not infringe any third-party's proprietary rights, including but not limited to copyright, patent, trademark, trade secret, or moral rights.
  • Your Contributions do not contain material that is false, misleading, or inaccurate.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions do not contain any defamatory, libelous, offensive, or otherwise objectionable content.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate the privacy or publicity rights of any third party.
  • Your Contributions do not contain any content that may be considered illegal, obscene, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate or harmful.

Media Submissions for Custom Canvas Creation

In addition to the general responsibilities outlined in the User-Generated Contributions section, when you upload images or videos for the purpose of creating a custom canvas, you specifically represent and warrant that:

  • You have full ownership of the images or videos, or you have obtained all necessary rights, licenses, permissions, and releases to use and upload the media.
  • The media you upload does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
  • The media is not illegal, obscene, defamatory, libelous, harassing, hateful, racially or ethnically offensive, or otherwise inappropriate or harmful.
  • The media does not promote violence, illegal activities, discrimination, or other harmful behaviors.

By submitting your media for custom canvas creation, you grant us a license to use, reproduce, and
distribute the media as necessary to fulfill your order and provide the Services. This license is non-exclusive, transferable, royalty-free, and worldwide, but is limited to the scope necessary for us to perform the requested service.

AI-Based Image Enhancement

To ensure the highest quality of your printed canvases, we may process your submitted images using an AI-based tool that upscales the resolution while preserving the original detail and integrity of your content. This process is solely for enhancing the final product and does not involve adding new features or altering the essence of your media.

Media Submission Storage and Retention

When you submit media (e.g., images, videos) for custom canvas creation, you agree that we may store and process these files on secure cloud storage to fulfill your order. The media will be retained for as long as necessary to complete your order and provide any related customer services,
such as reprints or inquiries.

We take the security of your submitted media seriously, ensuring that it is stored with the same level of protection as your personal information. However, you acknowledge and agree that the storage and processing of your media files are provided "AS IS" and "AS AVAILABLE," and we make no guarantees regarding the continued availability or integrity of these files. You are solely responsible for maintaining backup copies of your media files. We are not liable for any loss or corruption of your media files, or any damages resulting from such loss or corruption.

If you wish to request the deletion of your media after your order has been fulfilled, please contact us, and we will accommodate your request where possible, subject to our legal obligations and operational needs.

Contribution License

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions. The use and distribution may occur in any media formats and through any media channels.

You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services.

Guidelines for Reviews

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria:

  • You should have firsthand experience with the person/entity being reviewed.
  • Your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language.
  • Your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability.
  • Your reviews should not contain references to illegal activity.
  • You should not be affiliated with competitors if posting negative reviews.
  • You should not make any conclusions as to the legality of conduct.
  • You may not post any false or misleading statements.
  • You may not organize a campaign encouraging others to post reviews, whether positive or negative.

We reserve the right to accept, reject, or remove reviews at our sole discretion. We are not obligated to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate.

Monitoring and Editing Contributions

We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more appropriate locations on the Services; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

Intellectual Property Rights

Our Intellectual Property

We own or are the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, graphics, and other materials (collectively, the "Content") available through the Services. We also own or are the licensee of all trademarks, service marks, and logos (collectively, the "Marks") used in connection with the Services.

The Content and Marks are protected by copyright, trademark, and other intellectual property laws in the United States and internationally. The Content and Marks are provided "AS IS" for your personal, non-commercial use only.

Your Use of Our Intellectual Property

Subject to your compliance with these Terms and Conditions, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

You agree not to:

  • Copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any portion of the Services, Content, or Marks for any commercial purpose without our express prior written permission.
  • Use our intellectual property in any manner that infringes upon our rights or the rights of any third party.

If you wish to make any use of the Services, Content, or Marks other than as permitted, you must request permission by contacting us at support@arteezart.com. If we grant you permission, you must identify us as the owners or licensors and ensure that any copyright or proprietary notice appears on all copies or displays.

We reserve all rights not expressly granted to you in these Terms and Conditions.

User Submissions and Contributions

When you submit any content to us or through the Services, including but not limited to text, images, videos, audio, photographs, graphics, or any other material (collectively, "Contributions"), you
grant us a non-exclusive, transferable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Contributions in connection with the Services.

By submitting Contributions, you represent and warrant that:

  • You are the creator or have the necessary licenses, rights, consents, releases, and permissions to use and authorize us to use the Contributions as outlined in these Terms.
  • Your Contributions do not infringe any third party’s intellectual property rights or any other rights.
  • Your Contributions do not contain any material that is illegal, defamatory, obscene, or otherwise violates any law.

We reserve the right to remove or edit any Contributions at our discretion and without notice.

Copyright Infringement

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please refer to the Digital
Millennium Copyright Act (DMCA) Notice and Policy section below for information on how to file a claim.

DMCA and Copyright Agent

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any material available on or through our Services infringes upon your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Designated Copyright Agent with the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by the notification, a representative list of such works.
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.
  4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address.
  5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Please send your notification to our Designated Copyright Agent:

Joseph McGee
Attn: Copyright Agent
1509 Sheena Way
Lemon Grove, CA 91945
United States
Email: support@arteezart.com

Counter Notification

If you believe your material was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Designated Copyright Agent with the following information:

  1. Identification of the material that has been removed or disabled and the location where the material appeared before it was removed or disabled.
  2. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside the United States, for any judicial district in which we are located.
  3. A statement that you will accept service of process from the party that filed the original DMCA notification or an agent of that party.
  4. Your name, address, and telephone number.
  5. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification.
  6. Your physical or electronic signature.

Upon receiving a valid counter-notification, we will restore the material unless we receive notice from the original complaining party that they have filed a court action seeking to restrain you from engaging in infringing activity related to the material in question.

Please note that filing a false DMCA notification or counter-notification may result in liability for damages, including costs and attorney's fees.

Services Management

We reserve the right, but not the obligation, to:

  • Monitor the Services for violations of these Terms and Conditions.
  • Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms and Conditions, including, without limitation, reporting such users to law enforcement authorities.
  • In our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof.
  • In our sole discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems.
  • Otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Service Limitations, Interruptions, and Disclaimers

Service Nature and Availability

Our Services are provided on an "AS IS" and "AS AVAILABLE" basis. While we strive to offer
a reliable and consistent service, we do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. The availability of our Services may be subject to interruptions or delays due to maintenance, technical issues, or other unforeseen circumstances beyond our control.

Modifications and Discontinuation

We reserve the right to modify, suspend, or discontinue the Services (or any part or content thereof) at any time without notice. This includes the right to make changes, updates, or improvements as necessary. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services. Although we will make reasonable efforts to notify users of significant interruptions or changes whenever possible, we are not obligated to maintain or support the Services or to provide any corrections, updates, or releases.

User Responsibilities During Interruptions

To help minimize interruptions on your end, please ensure that your internet connection and device capabilities are suitable for using the Services. We are not responsible for any disruptions caused by your network, hardware, or software limitations.

Disclaimers of Warranties

To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy, completeness, or reliability of the Services' content or any content linked to from the Services. We assume no liability or responsibility for any:

  • Errors, mistakes, or inaccuracies of content and materials.
  • Personal injury or property damage resulting from your access to and use of the Services.
  • Unauthorized access to or use of our secure servers and/or any personal or financial information stored therein.
  • Interruption or cessation of transmission to or from the Services.
  • Bugs, viruses, Trojan horses, or other harmful elements that may be transmitted to or through the Services by any third party.
  • Errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.

AR Package Accessibility

An AR Package is a file that contains the media and necessary components required to enable the augmented reality experience on your canvas. These packages are stored in the cloud for download and are transferred to your device upon download. Once downloaded, the AR Package remains accessible on your device, allowing continued interaction with your canvas without the need for repeated downloads.

We are committed to ensuring that the AR Packages associated with your purchased canvases remain accessible for download via the cloud for as long as possible. This policy addresses the ongoing accessibility of AR packages stored in the cloud available for download.

Cloud Accessibility: The availability of AR Packages stored in the cloud and available for download may be subject to limitations or restrictions due to circumstances beyond our control. This could include, but is not limited to:

  • Legal Compliance: We may be required to remove or restrict access to AR Packages stored in the cloud due to copyright or DMCA claims, legal requests, illegal activities, or violations of our Terms of Use.
  • External Factors: Changes in cloud service provider policies, unforeseen circumstances, or significant changes in costs may impact the availability of AR Packages stored in the cloud.
  • Inactivity: We reserve the right to remove AR packages from cloud storage that have remained inactive for an extended period. Should this occur, we will make reasonable efforts to notify affected users in advance.
  • Business Continuity: In the unlikely event that our business operations are disrupted or cease due to factors beyond our control, the availability of AR packages stored in the cloud may be affected.

No Guarantees of Perpetual Cloud Access: While we will make every effort to maintain cloud access to AR packages, we cannot guarantee perpetual availability. We encourage users to download and securely store the AR package on their device to ensure continued access.

Notification of Changes: In the event of significant changes affecting the cloud accessibility of AR packages, we will make reasonable efforts to inform users ahead of time.

By using our services, you acknowledge and accept these conditions regarding the cloud accessibility of AR packages.

Termination of Access

These Terms and Conditions shall remain in full force and effect while you use our Services. We reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services, including blocking certain IP addresses, to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms and Conditions or any applicable law or regulation. We may terminate your use or participation in the Services or delete any content or information that you have posted at any time, without warning and in our sole discretion.

If we terminate or suspend your account

You are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.

We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Termination by You:

You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services or when you cease using our site and App.

Survival of Obligations:

Upon termination of this agreement, whether by you or by us, the obligations and liabilities incurred prior to the termination date shall survive the termination of this agreement for all purposes, including, but not limited to, payment obligations and intellectual property rights.

Limitation of Liability

General Liability Limitation

To the fullest extent permitted by law, AR Teez (AR/VR Dreams) and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, or licensors will not be liable for any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, or any similar damages arising from your use of, or inability to use, the Services or any products procured through the Services, whether based in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Maximum Liability

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of:

  • The amount paid, if any, by you to us for the Services during the twelve (12) months prior to the event giving rise to liability, or
  • $150.00 USD.

State and International Laws

Certain U.S. state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

Indemnification

You agree to protect, defend, and hold harmless AR/VR Dreams, along with our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) that arise from:

  • Your use of the Services;
  • Your Contributions;
  • Your breach of these Terms and Conditions;
  • Your violation of any law or third-party rights, including intellectual property rights;
  • Any false or misleading statements you make under these Terms and Conditions;
  • Any harmful actions you take against other users of the Services.

If we decide to take control of the defense in any case where you’re required to indemnify us, we’ll do so at your expense. You agree to cooperate with us, at your own cost, in defending such claims. We will make reasonable efforts to inform you if any claim, action, or proceeding arises.

Software License and Use

Use License

We grant you a revocable, non-exclusive, non-transferable, limited right to install and use our mobile application (“App”) on wireless electronic devices owned or controlled by you. You are permitted to use the App strictly in accordance with the terms of this Software License and Use section.

You agree not to:

  • Decompile, reverse engineer, disassemble, or attempt to derive the source code of, or decrypt the App.
  • Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App.
  • Violate any applicable laws, rules, or regulations in connection with your access or use of the App.
  • Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or our licensors.
  • Use the App for any revenue-generating endeavor, commercial enterprise, or any other purpose for which it is not designed or intended.
  • Make the App available over a network or other environment permitting access or use by multiple devices or users at the same time.
  • Use the App to create a product, service, or software that is competitive with or a substitute for the App.
  • Use the App to send automated queries to any website or to send any unsolicited commercial emails.
  • Use any proprietary information or any of our interfaces or other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

Apple and Android Devices

When you download the App from the Apple Store or Google Play (“App Distributors”), the following terms apply:

  • The license granted to you for our App is limited to a non-transferable license to use the App on a device that uses the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service.
  • We are responsible for providing any maintenance and support services with respect to the App as specified in this Software License and Use section or as required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor may refund the purchase price, if any, paid for the App. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the App.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.
  • You must comply with applicable third-party terms of agreement when using the App.
  • The App Distributors are third-party beneficiaries of this Software License and Use section, and they have the right to enforce these terms against you as a third-party beneficiary thereof.

Optional Third-Party Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control. These tools are provided “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of these optional third-party tools.

Any use by you of optional tools offered through the App or site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third-party provider(s).

In the future, we may offer new services and/or features through the App or site, including the release of new tools and resources. Such new features and/or services will also be subject to this Software License and Use section.

Governing Law and Dispute Resolution

Governing Law

These Terms and Conditions, along with any disputes that arise from them or your use of our Services, are governed by the laws of the State of California, United States. This means that California law will apply to any legal issues, regardless of where you are located.

Informal Negotiations

Before taking any legal action, you and we agree to try to resolve any disputes (we’ll call them "Disputes") informally. This means we’ll talk it out for at least 30 days before considering arbitration or other legal steps. To start this process, one of us must send written notice to the other.

Binding Arbitration

If we can’t resolve a Dispute through informal talks, the matter will be resolved through binding arbitration. This means you waive your right to a jury trial or to bring the matter to court. In arbitration, a neutral third party (the arbitrator) will make a final decision. The arbitration will follow the rules of the American Arbitration Association (AAA) and can be conducted in person, by phone, online, or through document submissions. The arbitration will take place in San Diego County, California, unless the AAA rules or applicable law require a different location. The arbitrator’s decision will be binding, with limited rights to appeal under federal law.

Exceptions to Arbitration

Some Disputes won’t go to arbitration. These include cases about protecting intellectual property rights, theft, privacy violations, or unauthorized use. For these issues, we’ll handle them in court in San Diego County, California.

Class Action Waiver

We agree that all Disputes will be handled individually, not as part of a class action. This means you can’t join your case with others or represent a group of people in a single legal action.

Time Limit to File Claims

If you want to bring a Dispute, you must do it within one year from when the issue first arose. You will not be able to bring the Dispute if this deadline is missed.

California Users and Residents

If you are a California resident and have a complaint regarding the Services that is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs. You can reach them in writing at:

1625 North Market Blvd., Suite N 112
Sacramento, California 95834

Or by phone at:

(800) 952-5210 or (916) 445-1254

This information is provided in accordance with California Civil Code Section 1789.3.

Changes to the Terms and Conditions

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions at any time. Any modifications will be effective immediately upon posting the updated Terms and Conditions on our website. It is your responsibility to review these Terms and Conditions periodically to stay informed of any changes.

Your continued use of our website, app, or any of our Services following the posting of revised Terms and Conditions constitutes your acceptance of those changes. If you do not agree with any changes to these Terms and Conditions, you must discontinue use of the Services immediately.

Electronic Communications, Transactions, and
Signatures

By visiting our website, using our app, sending us emails, or completing online forms, you are engaging in electronic communications with us. You consent to receive electronic communications from us and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or through our website or app, satisfy any legal requirement that such communications be in writing.

You agree to the use of electronic signatures, electronic contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original signature or delivery or retention of non-electronic records.

Miscellaneous

These Terms and Conditions, along with any policies or operating rules we have posted on our Services, constitute the entire agreement and understanding between you and us concerning your use of the Services. This agreement supersedes any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us.

Third-Party Links

Our Services may contain links to third-party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. By using our Services, you acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services available on or through any such third-party websites or services. We encourage you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

Waiver

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

Assignment

We may assign any or all of our rights and obligations to others at any time without notice to you. You may not assign or transfer your rights or obligations under these Terms and Conditions without our prior written consent.

Force Majeure

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control, including but not limited to acts of God, war, terrorism, strikes, supply shortages, significant cyberattacks, regulatory changes, or other disruptions.

Severability

If any provision of these Terms and Conditions is determined to be unlawful, void, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the unenforceable portion shall be deemed severable from these Terms and Conditions. This determination shall not affect the validity and enforceability of any remaining provisions.

No Joint Venture or Partnership

Nothing in these Terms and Conditions shall be construed as creating a joint venture, partnership, employment, or agency relationship between you and us.

Agreement Interpretation

These Terms and Conditions shall not be construed against us by virtue of having drafted them. Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party. You hereby waive any and all defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Privacy Policy

We value your privacy and are committed to protecting your personal data. Please review our Privacy Policy, which details how we collect, use, and safeguard your information when you use our Services. By accessing or using our Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions by reference.

You can view our Privacy Policy at the following link: Privacy Policy.

Data Hosting and International Transfer

Our Services are hosted in the United States. If you are accessing our Services from a region outside the United States with laws or regulations governing personal data collection, use, or disclosure that differ from U.S. laws, please be aware that your personal data may be transferred to, stored, and processed in the United States. By continuing to use our Services, you consent to this transfer, storage, and processing of your data in the United States.

Contact Information

If you have any questions or concerns about these Terms and Conditions, or if you need to resolve a complaint regarding the Services, please contact us at support@arteezart.com.

We encourage you to reach out to us with any inquiries or issues related to your use of our Services. We are here to assist you.