Members shall include parties (each an “Artist”) who upload images of artwork on the Site (“Images”) for sale as prints (the "Prints") or purchasers of the Prints listed for sale on the Site (each a “Customer”).
- Description of Service. The Company is providing Member with access to buy and/or sell Prints of the Images. Each Member must provide (a) all equipment necessary for his or her own Internet connection and (b) provide for Member’s access to the Internet, and (c) pay any fees related to such connection.
- Member Eligibility. The Site is available for use only by individuals at least 18 years of age and able to form legally binding contracts under applicable law. Without limiting the foregoing, minors are not eligible to use our Site or its services. If you are not eligible, please do not use the Site. At our sole discretion, we may restrict or terminate your eligibility to use the Site at any time. Parents who wish to allow their children access to and use of the Site should supervise such access and use. By allowing your child access to the Site you are allowing your child access to all of the Images posted on the Site. It is therefore your responsibility to determine which Images are appropriate for your child.
- Member Account, Password and Security. If the Site requires the Member to open an account, the Member will be required to complete the registration process by providing certain information and may be required to register a username and password for use on the Site. The Member is responsible for maintaining the confidentiality of any username and password and also for all activities which take place under the Member’s account. The Member agrees to immediately notify the Company of any unauthorized use the Member’s password or account, if any, or any other breach of security. In no event will the Company or its affiliates be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of the Member’s username and/or password. The Member may not use another person’s account at any time, without the express permission of the account holder. The Member must keep its account information up-to-date and accurate at all times, including a valid email address. The Member may not transfer or sell its account and User ID to another party. If the Member is registering as a business entity, the person registering the account personally guarantees that he or she has the authority to bind the entity to this Agreement.
- Restrictions on use of the Site. No part of the Site may be reproduced or transmitted in any form by a Member, by any means, electronic or mechanical, including photocopying and recording. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any content displayed on the Site for any other purpose except as stated on the Site or permission to download or copy the Images posted on the Site. You may not use the Site to transmit, promote or sell via or through the Site any information, data, text, images, files, links, software, chat, communication or other materials that is, or which the Company considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, or otherwise objectionable, including without limitation blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, excessively violent, harassing or otherwise objectionable content. The Company makes no representation and warranty that Images posted on the Site will not be unlawfully copied without Artist’s consent.
- No Company liability for illegal or offensive materials. The Company does not control the content provided by Members that is made available on the Site. The Company is not responsible for and does not have control over content that is offensive, harmful, inaccurate, or deceptive. Additionally, you acknowledge that there may be risks dealing with international trade and transactions across international borders. By using the Company, you agree to accept such risks and that the Company (and the Company's officers, directors, agents, subsidiaries, joint ventures and employees) are not responsible for any and all acts or omissions of users on the Site.
- Disclaimer of Warranties. The Site is provided the Company on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, the Company makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. The Company shall have no liability for any interruptions in the use of the Site. The Company disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. To the extent any jurisdiction does not allow the exclusion of implied warranties; the above referenced exclusion may be inapplicable.
- Limitation of Liability. THE COMPANY AND ITS OFFICERS, DIRECTORS AND OWNERS SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR THE COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT A JURISDICTION DOES NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE. THE LIABILITY OF THE COMPANY AND A ARTIST TO ANY CUSTOMER OR THIRD PARTIES SHALL NOT EXCEED THE PURCHASE PRICE PAID BY THE CUSTOMER IN ANY TRANSACTION GIVING RISE TO THE CLAIM. THE COMPANY’S LIABILITY TO ANY ARTIST SHALL NOT EXCEED THE AMOUNT OF THE COMMISSION (AS DEFINED BELOW) OWED BY THE COMPANY TO THE ARTIST FROM ANY TRANSACTION GIVING RISE TO THE CLAIM.
- Indemnification. Member agrees to indemnify and hold the Company, its parents, subsidiaries, affiliates, owners, directors, officers and employees, harmless for all losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by the Company from any claims, actions, proceedings or demand, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement by the Member, or violation of any law by Member.
- Modifications and Interruption to Site. The Company reserves the right to modify or discontinue the Site with or without notice to the Member. The Company shall not be liable to Member or any third party should the Company exercise its right to modify or discontinue the Site. Member acknowledges and accepts that the Company does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of the Company’s control.
- Disclaimer Regarding Accuracy of Artist Information. Specifications about and other information regarding artwork for sale on the Site have been provided by individual sellers and is not verified by the Company. While the Company makes every effort to ensure that the information on the Site is accurate, the Company can make no representations or warranties as to the accuracy or reliability of any information provided on the Site. The Company makes no warranties or representations whatsoever with regard to any product provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any Artist shall be at your own risk.
- Sale Terms for Artists. The Artist shall be charged a commission of 20% (the “Commission”) plus a credit card transaction fee established by the Company for every Print sold. All Artist’s sales revenues (minus commission and fees) will be sent out at the end of each month through PayPal (International and Artists based in the United States) or check (for Artists based in the United States). The Company will notify the Artist when a Print of their Image has been purchased. Notices of purchase shall be sent to the Artist by electronic mail. The Artist agrees to create archival quality Prints of the Artist's Image and to ship the Print to the Customer no later than one week from the date the Company sent notice of purchase. The Artist shall insure the shipment to protect the Artist from any risk of loss. The Company has retained a Hahnemuhle Certiﬁed Printer in the United States, if the Artist elects to have the Company prepare the Print from the Artist's digital Image. Printing rates may vary and are available on request. If the Artist elects to have the Company prepare the Print, the cost of printing shall be charged to the Artist. If the Customer returns a Print, the Company shall pay the amount of the restocking fee to the Artist if the Artist prepared the Print. The Company shall retain the restocking fee if the Company prepared the Print. If the Artist ships the Print, the Company shall pay the Artist the amount of shipping fees collected from the Customer. The Company shall retain the shipping fees collected from the Customer if the Print is shipped by the Company. The Artist agrees that the Prints will not be listed for sale on any website (including the Artist’s website), catalog or other medium for a price less than that set on the Site. If the Company becomes aware of such lower sale price for the Print it shall be entitled to, in its own discretion after sending notice to Artist by electronic mail, either (a) remove the Print from sale on the Site; or (b) reduce the sale price for the Print on the Site to match such lower Price.
- Purchase Terms for Customers. Customers shall pay for the cost of the Print purchased, plus shipping, handling and taxes. Prints will be printed when ordered and could take upto two weeks to ship. The Customer should inform the Company if a custom size Prints is needed prior to ordering so that the Company may verify if the custom size is possible and the cost of such Print. Prints are not matted or framed. Prints shall not be printed until payment is received from the Customer. Prints shall be shipped insured. In the event of any damage or loss during shipping, Customer agrees to cooperate with the Company and the Artist in filing the insurance claim for such damaged or lost shipment. Risk of loss passes to Customer after the shipment is delivered to Customer by the common carrier. The Customer is not entitled to any refunds or returns on Prints lost or damaged after delivery by the common carrier to the Customer. All purchases are subject to a 7 day return policy from the date of receipt by Customer as noted by the common carrier. The Customer will be charged a 20% restocking fee and items must be shipped back to and received by the Artist before any refunds are issued. Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchasers of items from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, the Company may collect fees owed using other collection mechanisms.
- Governing Jurisdiction of the Courts of Illinois. The Site is operated and organized in the State of Illinois. As such, we are subject to the laws of the State of Illinois, and such law will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Illinois. The courts of general jurisdiction located within Cook County, Illinois, USA, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning this Agreement or the Site.
- Compliance with Laws. The Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
- Copyright and Trademark Information. By submitting to the Company any Images, you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to the Company the worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Images for sale on the Site. To the extent that you do not own all rights in and to the Images or that the Company’s use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold the Company harmless from any claims or demands, including attorneys’ fees and costs, incurred by the Company with respect thereto. All images on the Site are either owned or licensed by the Company and may not be reproduced or used in any manner without the express written permission of the Company and, if appropriate, the relevant Artist. Copyright © 2014 Piktle, LLC. All rights reserved. All physical artwork is owned solely by the individual Artists represented here and are subject to United States and International copyright laws.
PIKTLE, and the PIKTLE logo are trademarks owned by the Company and may not be used without prior written permission of the Company.
- Notification of Claimed Copyright Infringement. If you believe that any works on the Site infringe your copyright rights, please provide the Company with information as required by Section 512(c) of the U.S. Copyright Act at
Piktle, LLC firstname.lastname@example.org
- Botnets. The Company retains the right, at its sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, the Company reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at the Company’s discretion.
- Severability. If any provision of this Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
- Assignment. You agree that this Agreement and any other agreements referenced herein may be assigned by the Company in its sole discretion, including to a third party in the event of a merger, acquisition or reorganization. You may not transfer, assign or delegate your right and/or duties under this Agreement to anyone else and any attempted assignment or delegation is void. You acknowledge that the Company has the right hereunder to seek an injunction, if necessary, to stop or prevent a breach of your obligations hereunder.
- Entire Agreement. This Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member.
- No Waiver. Any delay or failure by the Company to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.
- Headings. The paragraph headings in this Agreement are included only to help make this Agreement easier to read and have no binding effect.
- Survival. Any indemnification obligations, disclaimers and limitations on liability explicitly set forth herein and our proprietary rights in and to the Site, the Company’s content, the Company’s marks and the Company’s services, will survive the expiration or termination of this Agreement for any reason.
- Conflicts. In the event of any conflicts between this Agreement and the language on any portion of the Site, the terms of this Agreement shall control and be binding on the parties.
- No Agency. The Company and the Member are independent contractors, and no agency, partnership, joint venture, employee-employer of franchiser-franchisee relationship is intended or created by this Agreement.