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Terms & Conditions

Artebula (The Company) Terms and Conditions (Individual Users only)

 

Please read the following Artebula Inc. (“ARTEBULA INC.”) terms and conditions (the “Terms and Conditions”) carefully and in their entirety before you use the ARTEBULA INC. website (the “Site”) and/or the app (the “App”). Please be advised that your use of the Site and/or the App signifies that you agree to the Terms and Conditions including the Privacy Policy  PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY and IF you do not agree with the Terms and Conditions, please do not use the Site or the App.

 

The ARTEBULA INC. software is an application that permits users to capture store and print artwork. The application uses the native camera within the device (defined as an IOS or Android mobile device that obtains the software from the Apple App Store or the Google Play Marketplace)   to allow users to capture and upload artwork. Within the app users can organize the artwork as well as print books and posters.

The following general terms and conditions permit you to:

  1. Download and install the application

  2. Register and sign into the application

  3. Use the accompanying documentation for using and accessing the service

  4. Create a Book for printing

  5. Order a Book / Poster or other product to be delivered to you

​Acceptance

By using the Site and/or the App, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms and Conditions including the privacy policy, and further acknowledge that any information that you provide is truthful and that the disclosure of such information does not violate the legal rights of others.

Eligibility

By accessing this Site and/or the App, you represent that you are (1) at least 18 years of age or that you are (2) the parent or legal guardian of a minor who will be using the Site and/or App and  you have the legal authority to bind the minor to these Terms and Conditions. (3) That all information you submit is truthful and accurate (4) You will maintain the accuracy of the information.  (5) Your use of the app or site does not violate any applicable law or regulation.

 

User Accounts

To use the App and or services you may be required to create a User Account (Account).  If you create an Account, you agree to provide the Company with current, complete and true information and to update that information as necessary.  Company may terminate your account with or without notice, at any time for any reason or for no reason, including but not limited to violation of these Terms of Service.

Each account is personal to the individual user. You may not transfer your account to any other individual user or entity.

Some services may require payment to the Company. If you purchase any goods or services you agree to comply with the purchasing terms and conditions of our Third party vendors. 

If you create an account you may be asked to choose a password and a user name.  You agree, in the sole discretion of the company, that your user name will not (i) substantially infringe the legal rights of others, (ii) be offensive, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable (iii) in any way infringe these Terms of Service (iv) be otherwise inappropriate  regardless of the Company’s ability to disallow such user names.

You agree that you will not take actions for the purpose of circumventing the foregoing restrictions.  You understand that the Company reserves the right to change or alter or delete any user name at any time and for any reason at the Company’s sole discretion.

 

YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND ALL AND ANY ACTIVITIES THAT OCCUR WITH YOUR ACCOUNT. WHETHER OR NOT AUTHORISED BY YOU.

 

We use commercially reasonable measures to protect your account and user content (see Privacy Policy). We cannot however guarantee absolute security of your account and User Content or the registration data we collect and we cannot guarantee that our security measures will prevent third party “Hackers” from illegally accessing the contents. Artebula Inc. is not responsible or liable for any third party access to the app or of the User Content you post or your Registration Data.  You agree to notify the Company immediately of any unauthorized use of your account or any breach of security and to provide as much documentation evidence as requested by the company.  You may not use anyone else’s Account at any time. You agree that the Company will not be liable for any loss you may incur as a result of someone else using your password or Account, either with or without your knowledge, and you further agree that You will not be liable for losses incurred by the Company or another party due to someone else using your Account or password. 

Products and Services

The Site and the App contain information on the products and services offered by ARTEBULA INC. (the “Products and Services”), and they act as a means of communicating with ARTEBULA INC.. Neither the use nor the sale of the Products and Services is intended where prohibited by law. Only Canadian laws apply to the Site and the App and to the use of the Site and the App by any users, notwithstanding the place of residence and physical location of such users.

While we use reasonable efforts to ensure that all information contained on the Site and the App is accurate and current, your use of the Site and/or the App is at your own risk. The Site and the App are not the authoritative source of information about the Product or Services or about ARTEBULA INC., its advertisers, suppliers, business partners, sponsors or other third parties. Changes may be made at any time to the Products and Services (or any part thereof) that we provide on the Site and/or the App without prior notice to you. We will not be liable to you or to any third party for any changes, suspensions or discontinuances of the Products and Services

(or any part thereof) on the Site and/or the App.
 

Quality

We stand behind the quality of our “Creations”, you will have 14 days from date of receipt to raise any issues you may find.  Please head over to our RMA link  and submit a photo of the damage.

Unfortunately, we cannot replace a book that has issues related directly to image  capture  or shadows.  Please check out our “How To Section” where you will find lots of tips and tricks to help you create a great photo with your smartphone or email us at help@arterbula.com and we will be happy to answer your question.

Privacy

Any personal information you do provide is protected in Canada under the federal Privacy Act and Personal Information Protection and Electronic Documents Act. Our Privacy Policy is available for you to review on the Site and through the App, and is incorporated by reference into these terms and conditions. Link to Privacy Policy

.

Company Content

The Site/App  contains information, text files, images, computer code, works of authorship applications and other materials and content (collectively), “Content”) of Artebula or its licensors (“Company Content”). The Site/App (including the Company Content) is protected by copyright, trademark, trade secret and other laws and as between you and the Company.  Company owns and retains all rights in the Site/App.  Company hereby grants you a limited revocable non sublicensable license, during the terms of the agreement to access, display and perform the Company Content (excluding any computer code) solely for your personal, non- commercial use and solely as necessary to access and use the site. Except as expressly permitted by Company in this agreement or on the Site/App, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any Content. You may not either directly or through the use of any device, software, online resource or any other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the Content or any digital rights management mechanism, device or other content protection of access control measure associated with the Content

User Content

By uploading any information and other material on the Site or through the App, you waive all moral rights and grant (or warrant that the owner of such materials expressly grants) to ARTEBULA INC., its affiliates, its agents, its representatives, its third party service providers and other third parties who receive access to your information pursuant to these Terms and Conditions, a worldwide, perpetual, royalty-free, irrevocable and non-exclusive license and right to: (i) use, copy, adapt, transmit, communicate, publicly display, perform, and/or distribute such submitted materials; and (ii) create compilations and/or derivative works from such submitted materials. [KD25] [lh26] [GM27] [KD28] For greater certainty, subject to our Privacy Policy, anything you transmit or post may be used by ARTEBULA INC. or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, ARTEBULA INC. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.[KD29] 
[MM30] [MM31] 

 

Support

To facilitate the process of evaluating and testing the Software and Service, User may refer to ARTEBULA INC. frequently asked questions on our FAQ site). For additional Support a “User” may contact ARTEBULA INC. by email at help@artebula.com with additional questions and or clarification of functions and features in the Software.  ARTEBULA INC. will endeavour to contact all users within a reasonable frame of time following support or other requests but provides no guarantee on response time.

 

No Representations and Warranties

Use of the Site and/or the App is not intended, and shall not be deemed, to amend or change any existing legal relationship that you may have with ARTEBULA INC. or any third parties. The Products and Services are provided “as is” or “as available,” with all faults. While ARTEBULA INC. believes that the information on the Site and the App to be correct, neither ARTEBULA INC. nor its directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site or the App makes any representation or warranty, express or implied, (i) as to the accuracy, completeness, quality or adequacy of the information on the Site and/or the App; (ii) that access to the Site and/or the App will be uninterrupted or error-free; or (iii) that the Site and/or the Site will be secure.

Limitation of Liability

ARTEBULA INC. expressly disclaims any obligation, responsibility or liability for any loss or damage, whether direct or indirect, special or consequential, incurred by any user of the Site or the App. By accessing the Site and/or the App, each user releases ARTEBULA INC. and its respective directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site and/or the App from all claims and proceedings for all such losses, damages or consequences.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

No Endorsement of Third Parties

The Site and/or the App may contain links to third party websites or references to products, services or publications other than those of ARTEBULA INC.. These links and references are for convenience only and do not imply the endorsement or approval of such websites, products, services or publications by ARTEBULA INC..

Indemnity

You agree to indemnify and hold ARTEBULA INC. and its directors, officers, employees, agents, consultants, service providers or any party involved in creating, producing, or developing this Site and/or the App harmless from any and all damages, costs, liabilities, and any claim or demand, including reasonable lawyers’ fees, made by any third party, due to or arising out of your use of the Site or the App, your connection to the Products and Services, or your violation of these Terms and Conditions in connection with your use of the Site or the App.

Changes in the Terms of Use

We reserve the right to change these Terms and Conditions at any time without prior notice. If we decide to change these Terms and Conditions, we will post those changes here and send a notification email to our users. Your continued access to the Site and/or the App, as the case may be, shall be deemed to be acceptance by you of the then current Terms and Conditions, including any changes to these Terms and Conditions. We encourage you to visit this area of the Site frequently to stay informed.

Termination/Cancellation

ARTEBULA INC. reserves the right to terminate access to the Site or the App, or to any information made available on the Site or the App, in our sole discretion at any time and without notice.  ARTEBULA INC. shall not be liable to you or to any third party for the termination of access to the Site or the App.

In the event of cancellation or termination of a customer’s subscription, whether by ARTEBULA INC. or the customer, the customer will continue to have access to any works uploaded by him or her for thirty (30) days from the date of cancellation or termination. The means by which such works are accessed upon cancellation or termination will be at the sole discretion of ARTEBULA INC.[KD36] [KD37] .

Your Use of the Site and/or the App

By using the Site and/or the App, you agree not to do any of the following while visiting or using the Site or the App or any services provided by or through this Site or the App:

- Disrupt or intercept our electronic information posted on the Site or the App or on any of our servers;
- Attempt to circumvent any security features of the Site or the App;
- Impersonate or misrepresent your affiliation with any person or entity;
- Post or transmit any unsolicited advertising, promotional materials, "junk mail", "spam", "chain letters" or any other form of solicitation;
- Post or transmit any material that is defamatory, offensive, profane, indecent, hateful, threatening, obscene, or unlawful;
- Intimidate, abuse, stalk, threaten, harass or violate the legal rights of any other user of the Site or the App;
- Post or transmit any software which contains a virus, spyware, trojan horse, worm or other harmful component;
- Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law;
- Access or use password protected, secure or non-public areas of the Site or the App without authorization;
- Frame, repackage, or otherwise re-distribute any portion of the Site or the App; or
- Upload, or otherwise make available, files that contain images, photographs, software or other material that is protected by intellectual property laws, including trademark and copyright laws unless you own or control the rights thereto or have obtained all necessary consents.


 

 

Governing Laws and Waiver

The laws of the Province of Ontario and federal laws of Canada will govern these Terms and Conditions. You and ARTEBULA INC. agree to submit to the jurisdiction of the courts located within the Province of Ontario in relation to claims arising under or related to these Terms and Conditions. ARTEBULA INC.’s failure to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. These Terms and Conditions constitute the entire agreement between you and ARTEBULA INC. with respect to the Site and the App, superseding any prior agreements between you and ARTEBULA INC. with respect to the Site and the App. You may also be subject to additional terms and conditions that may apply when you contract for products and services with ARTEBULA INC..

Copyrights and Trademarks

All Rights Reserved. Other than for noncommercial use, the material on the Site and the App may not be reproduced in any form, or by any means, without the prior written permission of ARTEBULA INC.. You are free to use the content for noncommercial purposes provided that you do not modify, disassemble or alter it in any way, and provided that you retain all copyrights and proprietary notices contained in the content and acknowledge the source.
Certain names, words, titles, phrases, logos, icons, graphics or designs on the Site and the App may constitute registered or unregistered trademarks, trade names, product names, service names, slogans, icons or logos of ARTEBULA INC. or third parties that are used under licence. Unless otherwise indicated, their use and reproduction are strictly prohibited. If you would like to use any information or materials on the Site or the App, please contact us at hello@artebula.com


 

How to Contact Us About Terms and Conditions

Should you have any questions or concerns about these Terms and Conditions, please contact our quality officer at quality@artebula.com