Terms of Use

By accessing or using our web site at www.artmadedaily.com, a service of ArtMadeDaily.com, LLC you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use (the “Terms” or the "Agreement"), whether or not you are a registered member of ArtMadeDaily.com.

Users are required to read and accept all the terms and conditions outlined here in order to become a member of Art Made Daily.

Changes to Terms of Use

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms at any time without notice, and you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement, you may not use the ArtMadeDaily.com service. If we modify these Terms, we will indicate that we have done so on the Site. Use of the Site constitutes your acceptance of any modified Terms. If you do not wish to accept the modified Terms, you may cancel your account at any time by submitting your request in writing to register@artmadedaily.com.

Description of Service

ArtMadeDaily.com is an online venue, web publishing service, and a hosting service, that allows it's users to buy and sell handmade works of art (products) and share works of art through virtual galleries, stores and blogs. We support independently-owned artist entrepreneurs (The Artist) by providing web-enabled software that allow them to create STUDIOS (Gallery, Store, Blog) and subsequently publish the STUDIO to a personal website hosted by ArtMadeDaily.com (WEBSITE). The Artist may administer their STUDIO or WEBSITE on their own. Users of ArtMadeDaily.com can leave comments on artworks, participate in forums, post or comment on blog entires, create and edit their profiles, and gather followers through the ArtMadeDaily.com community.

Proprietary Services

You acknowledge and agree that ArtMadeDaily.com LLC owns all legal right, title and interest in and to the Service. You further acknowledge that software used in connection with the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You acknowledge and agree that Content or other information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ArtMadeDaily.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any unlicensed Content, whether in whole or in part.

ArtMadeDaily.com, the Art Made Daily logo, “Buy, Sell, Share – Your Art Daily”, and any other trademarks, service marks, logos, product and service names used by ArtMadeDaily.com to promote its Services are trademarks of ArtMadeDaily.com, LLC. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. You may not use any ArtMadeDaily.com trade names, trademarks, service marks, logos, domain names, or other distinctive brand features without prior written permission from ArtMadeDaily.com.

Indemnity

You agree to indemnify and hold harmless ArtMadeDaily.com, LLC from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to ArtMadeDaily.com or (c) any activity in which you engage on or through the ArtMadeDaily.com Service.

Membership Eligibility

ArtMadeDaily.com services are available only to those individuals 18 years and older who can form legally binding contracts applicable under the law. Individuals under the age of 18 may use this service with the supervision of a parent or legal guardian and in conjunction with that parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities. Children 13 years of age or younger are not allowed to use this service.

By using the ArtMadeDaily.com service you agree to comply with all local laws regarding online conduct and acceptable content. You must abide by all ArtMadeDaily.com policies as stated in this agreement. You also warrant that you have not previously had your account suspended or removed from ArtMadeDaily.com, that you are not a direct competitor to ArtMadeDaily.com and that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party.

You are required to keep your password safe and secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to notify Art Made Daily immediately if you feel your password has been compromised and your security breached. Art Made Daily is not liable nor responsible for any loss or damage arising from your failure to keep your account secure.

Please keep your account information up to date and accurate at all times. Art Made Daily uses your account information to contact you regarding its service and to process invoices due to you for use of this service. Failure to keep your account information up to date will result in a delinquent account and your use of ArtMadeDaily.com will be suspended.

Art Made Daily reserves the right to refuse service to anyone, for any reason, at anytime. Art Made Daily reserves the right cancel suspended or unconfirmed accounts at anytime.

Fees and Services

Inovices for transaction fees and any applicable service fees will be issued monthly. Payment is due within 15 days of issuance of the invoice. Accounts for which payment is more than 30 days overdue are considered delinquent and may be suspended. Suspended accounts will be re-activated once the balance due has been paid in full. Accounts that have been suspended due to non-payment for 6 months will be permanently deleted.

ArtMadeDaily.com does not calculate sales tax on purchases. You are responsible for paying any sales tax applicable to your state. You can configure your PayPal account with the appropriate sales tax information.

Listing & Selling Products

You can sell works of art and products created by you. This includes hand made items like paintings, drawings, prints, t-shirts, sculpture, artisan jewelry, toys, clothing, photography, digital content, etc. ArtMadeDaily.com is for independent artist entrepreneurs who create one-of-a-kind works or produce small limited edition product runs. Art Made Daily is NOT for mass retailers, commercial art dealers, or art re-sellers. You cannot sell other people's artwork unless it is a collaboration between yourself and another individual and you must have their permission to sell the work. You CANNOT sell the following items: mass produced items, commercially produced items, anything toxic or highly flammable, electronic items, sexually explicit work, illegal or prohibited items.

When you sell a product, you will obtain personal information, including email address and shipping information, from another ArtMadeDaily.com user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for ArtMadeDaily.com-related communications. ArtMadeDaily.com has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any ArtMadeDaily.com user to your email or physical mail list.

If you sell digital artwork or other Content through ArtMadeDaily.com, you grant the buyer a non-commercial perpetual license to use that Content. Additional terms with respect to digital artwork may appear as part of the product listing and are between you and the purchaser.

Content Policy

You use the this site at your own risk. ArtMadeDaily.com is not responsible for any text, photographs, graphics, video, messages, tags, or other material (collectively referred to as “Content”) posted by Users of the Site. ArtMadeDaily.com makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via ArtMadeDaily.com.

ArtMadeDaily.com does not control the Content provided by users that is made available on ArtMadeDaily.com. By using ArtMadeDaily.com you may be exposed to Content that you may find inaccurate, offensive, indecent, deceptive or otherwise objectionable. ArtMadeDaily.com shall have the right, but not the obligation, to remove any Content that is violative of any law, regulation or guideline, or that it deems offensive, in its sole discretion. With respect to any Content that you have submitted, you have the right to request ArtMadeDaily.com remove such Content, thus revoking any rights ArtMadeDaily.com has with respect to such Content.

Your content belongs to you. ArtMadeDaily.com does not claim ownership rights to your Content. You grant ArtMadeDaily.com a license solely to enable use of any information or Content you supply to ArtMadeDaily.com, so that ArtMadeDaily.com is not violating any rights you may have in that Content. You agree to allow ArtMadeDaily.com to store or re-format your Content on ArtMadeDaily.com and display your Content on ArtMadeDaily.com in any way as ArtMadeDaily.com chooses. ArtMadeDaily.com will only use personal information in accordance with our Privacy Policy .

In accordance to the policy above, you may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.

You are solely responsible for any Content posted by you on your STUDIO or WEBSITE, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the ArtMadeDaily.com service. You represent that you have the right to post or transmit such Content, and, by posting or transmitting such Content, you give ArtMadeDaily.com a license to publish and distribute such Content and to incorporate such Content into other works in any format or medium now known or later developed. You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; ArtMadeDaily.com shall have no obligation to do so on your behalf.

Content presented to you as part of the ArtMadeDaily.com service, including but not limited to advertisements and sponsored Content may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content (or by other persons or companies on their behalf).

When you post Content on ArtMadeDaily.com, it is possible that an outside website or a third party may re-post that Content. You agree to hold ArtMadeDaily.com harmless for any dispute concerning this use. If you choose to display Content hosted on ArtMadeDaily on another website not hosted by ArtMadeDaily.com, you must provide a link back to ArtMadeDaily.com. You may not re-post Content that does not belong to you without the prior written consent of the Content owner.

ArtMadeDaily.com is not responsible for the availability of outside websites or resources linked to or referenced on the Site. ArtMadeDaily.com does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that ArtMadeDaily.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites.

Disclaimer of Warranty

By using the ArtMadeDaily.com service (“Service”), you expressly agree that use of ArtMadeDaily.com is at your sole risk. The Service is provided on an "AS IS" and "as available" basis. Neither ArtMadeDaily.com, LLC nor its parent company, affiliates, subsidiaries or designees nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Associates") warrant that use of the Service will be uninterrupted or error-free. Neither ArtMadeDaily.com LLC nor its Associates warrant the accuracy, integrity or completeness of the content provided on the ArtMadeDaily.com site or the products or services offered for sale on the site. Further, to the fullest extent permissible under applicable law, we disclaim any and all implied warranties and representations, including, without limitation, any warranties of, fitness for a particular purpose, title, and non-infringement. If you are dissatisfied or harmed by the Service or anything related to the Service, you may discontinue use of the Service and terminate the agreement and such termination shall be your sole and exclusive remedy.

ArtMadeDaily.com is not responsible, and makes no representations or warranties for the delivery of any messages sent through ArtMadeDaily.com to anyone. Additionally, we neither warrant nor represent that your use of the service will not infringe the rights of third parties. Any material, service, or technology described or used on the website may be subject to intellectual property rights owned by third parties who have licensed to us such material, service, or technology.

ArtMadeDaily.com does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, ArtMadeDaily.com declines all liability for theft or any other misuse of your identity or information.

Limitation of Liability

User shall defend, indemnify, save and hold ArtMadeDaily.com LLC (including, its agents, its clients, its servants, officers, directors and employees) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against them, that may arise or result from any service provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns.

Under no circumstances, including negligence, shall ArtMadeDaily.com (including, its agents, its clients, its servants, officers, directors and employees) or anyone else involved in creating or distributing ArtMadeDaily.com services be liable for any damages of any kind, including without limitation direct, indirect, incidental, punitive, and consequential damages, arising out of or in connection with these terms, the site, the services, the inability to use any service, or those resulting from any goods or services purchased or obtained or messages received or transactions entered into through the services.

The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of ArtMadeDaily.com has been advised of or should have knowledge of the possibility of such damages. User hereby acknowledges that this paragraph shall apply to all content, merchandise and services available through ArtMadeDaily.com. User's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to ArtMadeDaily.com, LLC during the current month.

Severability

If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Termination

You may terminate this Agreement, for any or no cause, at any time, with notice to ArtMadeDaily.com (via the feedback area within your Studio) which shall be effective upon ArtMadeDaily.com processing such notice. ArtMadeDaily.com may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Pro Services may be terminated only by ArtMadeDaily.com or the party paying for such services. Termination of your ArtMadeDaily.com studio or account includes disabling your access to ArtMadeDaily.com (including any content you submitted or others submitted) and may also bar you from any future use of ArtMadeDaily.com.

It is the policy of ArtMadeDaily.com to terminate, in appropriate circumstances and at the sole discretion of ArtMadeDaily.com, members who are deemed to be repeat infringers under the United States Copyright Act. ArtMadeDaily.com may also at its sole discretion limit access and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. ArtMadeDaily.com, LLC may also seek legal prosecution of any violations of law or this Agreement and the User agrees to personal jurisdiction by the Courts in the State of Minnesota.

Consequences of Termination

Upon termination of a User studio or account, ArtMadeDaily.com will permanently delete all data, files, photographs, and other data associated with the User’s account.

Return of Fees

Pro Account users who voluntarily terminate their account and have payed for a full year of service are eligible to receive a refund of the amount paid, minus the monthly cost of Pro Service for each month the account was active. Users who have their account involuntarily terminated due to repeated violations of this agreement are not eligible to receive a refund.