Terms of Service

These Terms and Conditions of Service (“Terms of Service”) govern your relationship with ARTTIC/Trove Gallery. Trove Gallery is operated by ARTTIC.

Throughout the Site, the terms “we,” “us” and “our” refer to ARTTIC. All information, tools and services available on this Site are contingent upon your acceptance of these Terms of Use. Your continued use of this Site constitutes your agreement to these Terms of Use. If you do not wish to be bound by these Terms of Use, please do not use this Site.

GENERAL

These Terms of Service represent a valid and binding agreement between you and ARTTIC.

You hereby represent that you are:

at least 18 years of age
of legal age to form a binding contract, and
not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

Your agreement with these terms hereby establishes your use, membership, and purchase of the products and services available through the ARTTIC/Trove Gallery Sites, in strict compliance with these Terms of Service and all applicable laws, rules and regulations (collectively, “Laws”). All calls, emails and other communications between you and ARTTIC are subject to being recorded.

LICENSES AND SITE ACCESS

All content available through this Site (including, but not limited to: copy, graphics, logos, images, downloads, interfaces, code and software) is the exclusive property of and owned by ARTTIC, its licensors or its content providers, and is protected by copyright, trademark and any other applicable U.S. and foreign laws.

ARTTIC grants limited license to access and make personal use of this Site. Unless indicated to the contrary, you may access, copy, download and print the content available on this Site for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark or other proprietary notices that appear in the content (NOT SURE IF DAVID WANTS THIS SECTION).

ARTTIC, its licensors or content providers, retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time at ARTTIC’s sole discretion. ARTTIC prohibits any other use of any content available through the Site, including but not limited to:

– Downloading, duplicating, or other use of the content or the Site for any potentially competing purposes or for the benefit of another vendor or any third party;

– Caching or framing of any content available on the Site;

– Modification, distribution, transmission, performance, broadcast, publication, uploading, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any content, products or services obtained from the Site that you do not have a right to make available (such as the intellectual property of another party);

– Uploading, posting or transmitting of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer;

– Use of any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from the Site (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools); or

– Any type of action that imposes or may impose (at the sole discretion of ARTTIC) an unreasonable or disproportionately large load on ARTTIC’s infrastructure, or damage or interfere with the proper working of our infrastructure.

You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site. You may not bypass any measures that have been implemented to prevent or restrict access to this Site. Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by ARTTIC.

ARTTIC reserves the right to refuse or cancel any person’s registration or membership for this Site, as well as removal of any person from this Site and prohibition of any person from using this Site for any reason whatsoever, and to limit or terminate access to or use of the Site at any time without notice. ARTTIC neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with ARTTIC. Termination of your access or use will not waive or affect any other right or relief to which ARTTIC may be entitled, at law or in equity.

LINKS

This Site may contain links to other websites or resources that are operated by third parties not affiliated with ARTTIC or Trove Gallery. Such links are provided as a convenience to you and as an additional avenue of access to the information contained therein. ARTTIC is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. Inclusion of links to other sites or resources should not be viewed as an endorsement of the content of linked sites or resources. ARTTIC accepts no responsibility or liability, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with any use of or reliance on any such content, products or services available on or through any such linked site or resource.

ACCESS TO PASSWORD PROTECTED SITE FEATURES

Access to and use of specific password-protected areas of the Site are restricted to authorized users only. Users and Artists are responsible for protecting login credentials, including any password. You agree that you will be responsible for any and all statements made, and acts or omissions that occur, through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your login credentials, ARTTIC must be notified immediately. We will assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive notice indicating otherwise.

ELECTRONIC COMMUNICATIONS

Use of this site or when sending us emails constitutes electronic communication with ARTTIC/Trove Gallery. You therefore consent to electronically receive any communications related to your use of this Site. ARTTIC will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from ARTTIC intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the ARTTIC Sites.

INDEMNITIES

You hereby indemnify and hold harmless ARTTIC from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by ARTTIC and such parties, and shall defend ARTTIC and such parties against any and all claims arising out of:
(1) your breach of these Terms and Use;

(2) your breach of the Terms of Service;

(3) fraud you commit, or your intentional misconduct or gross negligence; or

(4) your violation of any applicable U.S. of foreign law or the rights of a third party.

ARTTIC controls the defense of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without our prior written approval.

SUBMISSIONS

You acknowledge that you are responsible for any content you may submit through the Site, including the legality, reliability, appropriateness, originality and copyright of any such content. You may not upload to, distribute or otherwise publish through this Site any content that:

is confidential, proprietary, invasive of privacy or publicity rights, infringing on intellectual property rights, unlawful, harmful, threatening, false, fraudulent, libelous, defamatory, obscene, vulgar, profane, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, including, but not limited to any content that encourages conduct that would constitute a criminal offense, violates the rights of any party or otherwise gives rise to civil liability or otherwise violates any applicable U.S. of foreign laws; may contain software viruses or malware; contains advertisements or solicitations of any kind, or other commercial content;

Tax ID numbers, credit card numbers, or account numbers), except where we expressly ask you to provide such information; contains messages by non-spokesperson employees of ARTTIC purporting to speak on behalf of ARTTIC or containing confidential information or expressing opinions concerning ARTTIC; contains messages that offer unauthorized downloads of any copyrighted, confidential or private information; contains multiple messages placed within individual folders by the same user restating the same point; contains identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial message; this prohibition includes but is not limited to:

using the invitation functionality that may be available on the Site to send messages to people who do not know you or who are unlikely to recognize you as a known contact;
using the Site to connect to people who do not know you and then sending unsolicited promotional messages to those direct connections without their permission; or
sending messages to distribution lists, newsgroup aliases or group aliases.

Some features that may be available on this Site require registration. By registering, you agree to provide true, accurate, current and complete information about yourself. With respect to any content you submit or make available through the Site (other than personal information, you grant ARTTIC a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media. You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to ARTTIC.

DATA INTEGRITY

You hereby agree that all of the information, data and other materials you provide on this Site or to ARTTIC through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

ARTTIC MEMBERSHIP (not sure if we need this section)

You represent that all of the information, data and other materials you provide on this Site or to ARTTIC through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate.

ESTABLISHING A MEMBERSHIP

You may establish membership on the ARTTIC Sites. At a minimum, enrollment requires you to (1) indicate agreement to these Terms of Service,

(2) provide contact information and identification details, and

(3) submit any other form of authentication required as part of the enrollment process, in ARTTIC’s sole discretion. You hereby agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account.

USE OF MEMBERSHIP

You shall not use your ARTTIC membership for any purpose implied, intended, or perceived as competitive to ARTTIC. Notify ARTTIC Support immediately if any unauthorized use of your ARTTIC membership or the ARTTIC Sites known to you, whether by you or a third party.

MEMBERSHIP TERMINATION

You may cancel your ARTTIC membership at any time by contacting ARTTIC Support (do you want to drop a link in here?) ARTTIC reserves the right to terminate your membership and refuse any and all current or future use of the ARTTIC Sites or other services, or any portion thereof:

(1) in order to comply with applicable Law,
(2) if you provide any information that ARTTIC determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete),
(3) if ARTTIC determines, in its sole discretion, that you are using your ARTTIC membership in a manner not permitted by these Terms of Service or the Terms of Use, or (4) in other circumstances, as ARTTIC deems appropriate in its sole discretion.

PURCHASES

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement of between you and ARTTIC regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms of Service. In the event there is a conflict between these Terms of Service and the Terms of Use with respect to the matters herein, these Terms of Service will prevail.

SITE-PROVIDED EMAIL AND POSTINGS

The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. ARTTIC is under no obligation to review any content (including any messages) posted on or sent through the Site by users and assumes no responsibility or liability relating to any such content. ARTTIC, in its sole discretion, may monitor, not post or remove any such content.

SEVERABILITY

If any provision of these Terms of Service is deemed unenforceable, the enforceability of the remaining provisions shall not in any way be compromised or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

MODIFICATION OF TERMS OF SERVICE

You acknowledge and agree that ARTTIC may, in its sole discretion, modify, add or remove any portion of these Terms of Service at any time and in any manner, including the terms of ARTTIC membership, by posting revised Terms of Service on the Site. You may not amend or modify these Terms of Service under any circumstances. The current version of these Terms of Service is available at www.ARTTIC.com/terms. It is your responsibility to check periodically for any changes we make to the Terms of Service. Your continued use of this Site after any changes to the Terms of Service means you accept the changes.

EFFECT OF TERMINATION/SURVIVAL OF SELECTED PROVISIONS

Notwithstanding the expiration or earlier termination of your ARTTIC membership, or any general legal principles to the contrary, any provision of these Terms of Service that impose or contemplate continuing obligations or rights of a party will survive expiration or termination of these Terms of Service.

EFFECTIVE DATE: April 1, 2019