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Hello@artworkstack.com
Contact Number
631-983-0842 / 631-889-2884
1. Introduction
Welcome to ArtworkStack! These Terms and Conditions (“Terms”) govern your use of our mobile application (“ArtworkStack” or the “App”). By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
2. Use of the App
2.1 Eligibility You must be at least 13 years old to use the App. By using the App, you represent and warrant that you meet this age requirement.
2.2 License Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App for your personal, non-commercial use.
2.3 Restrictions You agree not to:
- Copy, modify, or distribute the App for any purpose.
- Attempt to reverse engineer, decompile, or disassemble any part of the App.
- Use the App for any unlawful purpose or in violation of any applicable laws.
- Use the App in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the App.
- Use the App to transmit any viruses, worms, or malicious content.
- Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
2.2 Usage Data We automatically collect certain information about your device and how you interact with the App, such as:
- Device type
- Operating system
- Crash data and Performance metrics
2.3 Cookies and Tracking Technologies We may use cookies and similar tracking technologies to track activity on our App and store certain information. You can instruct your device to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our App.
3. User Accounts
3.1 Account Creation To use certain features of the App, you may be required to create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
3.2 Account Security You are responsible for safeguarding your password and for any activities or actions under your account. You agree to notify us immediately of any unauthorized use of your account.
4. Intellectual Property
4.1 Ownership The App and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof, are owned by ArtworkStack, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 Trademarks The ArtworkStack name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ArtworkStack or its affiliates or licensors. You must not use such marks without the prior written permission of ArtworkStack.
5. User Content
5.1 Responsibility for Content You are responsible for any content you upload, post, or otherwise make available through the App (“User Content”). You represent and warrant that you own or have the necessary rights to use and authorize the use of the User Content.
5.2 License to User Content By making any User Content available through the App, you grant ArtworkStack a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the App and content to you and other users.
5.3 Prohibited Content You agree not to upload, post, or otherwise make available any User Content that:
- Is unlawful, harmful, defamatory, obscene, infringing, hateful, or otherwise objectionable.
- Contains any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
- Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity.
6. Purchases and Payments
6.1 In-App Purchases The App may offer products and services for purchase (“In-App Purchases”). If you choose to make an In-App Purchase, you will be prompted to enter details for your account with your mobile platform (e.g., Apple App Store, Google Play) (“IAP Account”) and your IAP Account will be charged for the In-App Purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for In-App Purchases that apply to your IAP Account.
6.2 Payment Information All payment information is processed by the respective mobile platform provider. We do not store any payment information.
6.3 Refunds All sales and In-App Purchases are final and non-refundable. If you have any issues with your purchase, please contact the respective mobile platform provider.
7. Termination
7.1 Termination by You You may terminate your account at any time by following the instructions within the App or by contacting us at [contact information].
7.2 Termination by Us We may terminate or suspend your account and access to the App at our sole discretion, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the App will immediately cease.
8. Disclaimer of Warranties
The App is provided on an “AS IS” and “AS AVAILABLE” basis. ArtworkStack makes no representations or warranties of any kind, express or implied, as to the operation of the App or the information, content, or materials included in the App. You expressly agree that your use of the App is at your sole risk. To the fullest extent permitted by law, ArtworkStack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
9. Limitation of Liability
To the fullest extent permitted by law, in no event shall ArtworkStack, its affiliates, directors, employees, agents, licensors, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the App;
- Any conduct or content of any third party on the App;
- Any content obtained from the App;
- Unauthorized access, use, or alteration of your transmissions or content.
In no event shall ArtworkStack’s aggregate liability for all claims related to the App exceed the amount you paid ArtworkStack, if any, in the past six months for the service giving rise to the claim.
These limitations apply whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, whether or not ArtworkStack has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Limitation of Liability section shall apply to the maximum extent permitted by applicable law.
These limitations apply whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, whether or not ArtworkStack has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This Limitation of Liability section shall apply to the maximum extent permitted by applicable law.
10. Indemnification
You agree to defend, indemnify, and hold harmless ArtworkStack, its affiliates, licensors, and service providers,
directors, employees, agents, licensors, and partners from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the App, including, but not limited to, your User Content, any use of the App’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the App.
11. Governing Law and Dispute Resolution
11.1 Governing Law These Terms shall be governed and construed in accordance with the laws of [Your Country/State], without regard to its conflict of law provisions.
11.2 Dispute Resolution Any disputes arising out of or relating to these Terms or the App will be resolved through binding arbitration conducted by [Arbitration Organization] under its rules and regulations. The arbitration will take place in [City, State/Country]. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
11.3 Waiver of Class Actions You and ArtworkStack agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
12. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms.
13. Miscellaneous
13.1 Entire Agreement These Terms and our Privacy Policy constitute the entire agreement between you and ArtworkStack regarding the App and supersede all prior agreements and understandings, whether written or oral, relating to the App.
13.2 Severability If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect.
13.3 Waiver No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
13.4 Assignment You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice to you.
13.5 Contact Information If you have any questions about these Terms, please contact us at:
Email: hello@artworkstack.com