1. About these Terms

 

These Terms of Use (“Terms”) govern how you access and use the Artpic websites and applications (“Artpic” or “Service”) and how we provide our Service to you. When you create an account with us, access or use Artpic in any other way, you agree to these Terms. Please read these Terms carefully and contact us if you have any questions. 

 

Artpic is operated by 

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artpic s.r.o 

Zbraslavská 12/11, Malá Chuchle 

159 00 Prague 5

Czech Republic 

 

and is also referred to in these Terms as "we", "our", and "us". 

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Artpic Data Policy, Artpic Cookies Policy, and Artpic Community Guidelines (“Policies”) form part of these Terms. By agreeing to these Terms, you also agree to the provision of these documents. Please read them.

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2. Our Service 

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Artpic helps you share your art and discover the art you love shared by other users. Our Service is free, but we may offer some paid features. You also agree that we may show you ads. 

 

Using Artpic may include downloading software to your computer, phone, tablet, or other devices. You agree that we may automatically update that software, and these Terms will apply to any updates.

 

Subject to these Terms and our Policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Service.

 

3. Who can use Artpic  

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• You must be at least 13 years old.

• You may use Artpic only if you can legally form a binding contract with us, and only in compliance with these Terms and all applicable laws. You may only use Artpic if you are over the age at which you can provide consent to data processing under the laws of your country. 

• When you create your account, you must provide us with accurate and complete information. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address since that is the primary way in which we will communicate with you.

• You must register as a natural person. Artpic is meant for artists and art lovers, not businesses. However, you do not have to provide your full name. You can use your nickname, artist name, or business name as a name when registering with us. 

• We must not have previously disabled your account for violation of law or any of our Policies.

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You agree not to use Artpic:

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• for any unlawful purposes;

• to upload, post, or otherwise transmit any material that is obscene, offensive, blasphemous, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy rights, defamatory, vulgar, illegal, or otherwise objectionable;

• to upload, post, or otherwise transmit any material that infringes any copyright, trademark, patent, or other intellectual property right or any moral right or artist's right or to facilitate the unlawful distribution of copyrighted content or illegal content;

• to harm minors in any way, including submitting any personally identifiable information about any child under the age of 13;

• to upload, post, or otherwise transmit any material or act in any way which is likely to cause harm to Artpic or anyone else's computer systems, including any virus, code, data, or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service;

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4. Your content 

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Posting content 

 

Artpic allows you to post content, including photos, comments, and other materials. Anything that you post or otherwise make available on Artpic is referred to as "User Content" or “Content”. You retain all rights in and are solely responsible for, the User Content you post to Artpic. 

 

Artpic is about Art. You agree to post only relevant content related to art. 

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How Artpic and other users can use your content 

 

You grant Artpic and our users a non-exclusive, royalty-free, transferable worldwide license to use, store, display, reproduce, copy, save, modify, create derivative works, perform or display, and distribute your User Content on Artpic for purposes of operating, developing, providing, presenting, and using Artpic. This license will end when your content is deleted from our systems.

 

Nothing in these Terms restricts other legal rights Artpic may have to User Content, for example under other licenses. We reserve the right to remove or modify any User Content or change the way it’s used on Artpic, for any reason. This includes User Content that we believe violates these Terms, our Community Guidelines, or any other policies.

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Storage policy

 

You agree that Artpic may, at its discretion, establish limits concerning your use of the Service, including the maximum size of any Content files that may be stored on the Service or the maximum disk space that will be allotted to you for the storage. Artpic reserves the right to modify its storage policies from time to time, with or without notice to you. 

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Feedback you provide 

 

We value hearing from our users and are always interested in learning about ways we can make Artpic better. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. 

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Third-party links, sites, and services 

 

Artpic may contain links to third-party websites that are not owned or controlled by Artpic. We don’t endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content from Artpic, you do so at your own risk and you agree that Artpic has no liability arising from your use of or access to any third-party website, service, or content.

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5. Security 

 

We care about the security of our users. While we work to protect the security of your Content and account, Artpic can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. We ask that you keep your password secure. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. Please notify us immediately of any compromise or unauthorized use of your account.

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6. Termination 

 

Artpic may terminate or suspend your right to access or use our Service for any reason. We may terminate or suspend your access immediately and without notice, if we have a good reason for doing so, specifically if you violate these Terms, Community Guidelines, third-party rights, or any laws. Upon termination, you continue to be bound by these Terms where appropriate. 

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You may terminate your account at any time. Following termination or deactivation of your account, or if you remove any User Content from Artpic, we may keep your User Content for a reasonable period of time for backup, archival, to meet our legal obligations, authority requests, for security reasons, or illegal activity investigation. Upon deletion, the account and user information will be anonymized and posts will be deleted. Other content, like comments under the posts of other users, may be anonymized. Artpic and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Artpic. 

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You also acknowledge that Artpic reserves the right to terminate or suspend accounts that are inactive, at our sole discretion, for an extended period of time (thus deleting or suspending access to your Content). 

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7. Disclaimers 

 

Our Service and all content on Artpic is provided on an "as is" basis without warranty of any kind, whether express or implied. Artpic takes no responsibility and assumes no liability for any losses or damages resulting from your access or use of Artpic or your inability to access or use Artpic.  

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We reserve the right to modify, suspend or discontinue the Service at any time and without notice. You agree that Artpic is and will not be liable to you for any modification, suspension, or discontinuance of the Service.

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Artpic takes no responsibility and assumes no liability for any Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. We do our best to delete inappropriate content as soon as possible. If you see inappropriate User Content, please report it to us. 

 

Artpic takes no responsibility and assumes no liability for the conduct of other users or third parties on the Service.

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8. Governing law and jurisdiction 

 

For any dispute you have with Artpic, you agree to first contact us and try to resolve the dispute with us informally. If we need to contact you, we will do so at the email address on your Artpic account.  

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These Terms shall be governed by the laws of the Czech Republic. The exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is the Czech Republic and our dispute will be determined under Czech law. 

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9. Final provisions 

 

Changes to these Terms 

 

We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, at our discretion, is material, we’ll notify you. We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically. By continuing to access or use Artpic after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new Terms, please stop using Artpic.

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Entire agreement/severability 

 

These Terms, together with the Data Policy, Cookies Policy, and Community Guidelines and any amendments and any additional agreements you may enter into with Artpic shall constitute the entire agreement between you and Artpic concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms and Policies will remain in full force and effect.

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Effective September 20, 2022

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