User Responsibility: You, the user, are solely responsible for any art or content you upload to Artelo. This includes ensuring you have the rights and permissions for any copyrighted or trademarked material. Artelo is not responsible for infringing copyright or trademark laws related to your uploaded content.
No Liability for Artelo: Using our service, you agree not to hold Artelo liable for any infringement claims related to the art or content you upload.
Restrictions: You are prohibited from uploading any art or content that violates copyright or trademark laws, contains pornographic material, or is in any way illegal.
Artelo’s Rights: Artelo reserves the right to review and reject any content you upload. At our sole discretion, we may refuse to print any content we deem inappropriate or illegal.
No Responsibility for Damages: Artelo is not responsible for any damages, losses, or adverse effects that may result from using our products. This includes but is not limited to, damages or losses related to damaged or lost products.
User Acknowledgment: By using our service, you acknowledge that Artelo shall not be liable for any claims, damages, or liabilities arising from using our products.
Right to Refuse Service: Artelo reserves the right to refuse service to anyone at any time for any reason. This includes the right to remove users from our platform.
Account Termination: Artelo may, at its discretion, terminate or suspend your account for any breach of these terms, illegal activities, or actions that violate our content policies.
Changes to Terms: Artelo reserves the right to modify these terms at any time. We will notify users of significant changes and post the revised terms on our website.
Continued Use: Your continued use of our services after any changes signifies your acceptance of these changes.
Jurisdiction: These terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Artelo operates, without regard to its conflict of law provisions. That Jurisdiction is Florida, United States.
No agency, partnership, joint venture, or franchise relationship is implied, intended or created by these Terms.
The Customer is solely responsible for (i) handling any third-party claims alleging that the use of User Content infringes a third party's right and (ii) any claims or investigations from government or authorities alleging that the User Content violates applicable law. The Customer shall indemnify and defend Artelo and its officers, shareholders, employees, agents, directors, Affiliates, assignees, sub-contractors, and licensors against any reasonable costs or losses (including but not limited to damages, fines, and legal costs) incurred in connection with any claim or investigation of any kind made by any third party arising from or related to (a) an allegation that the use of the User Content infringes a third party's rights or violates applicable law, (b) Customer’s or its Affiliates’ use of the Platform in a manner not authorized by this Agreement, or (c) any other breach by this Agreement by Customer or its Affiliates. Artelo is solely responsible for handling any third-party claims alleging that the use of the Platform or the Services in accordance with the Agreement infringes a third party's right. Artelo shall indemnify and defend the Customer against any reasonable costs or losses (including but not limited to damages, fines, and legal costs).
Incurred by the Customer in connection with any claim or investigation made by any third party arising from or related to (a) any claim that the use of the Platform or the Services in accordance with the Agreement infringes a third party's rights. If any third party asserts a claim concerning any matter for which a Party ("Indemnified Party").
Is entitled to indemnification pursuant to the Agreement, such Indemnified Party shall (i) promptly notify the other party (the "Indemnifying Party") in writing of the claim, (ii) allow the Indemnifying Party to control, and cooperate with the Indemnifying Party in the defense, (iii) not enter into a settlement without the Indemnifying Party's prior written consent, and (iv) use reasonable efforts to limit the costs and losses. In each case, the Indemnifying Party shall notify the relevant third party that the relevant claims or investigations solely are the Indemnifying Party's responsibility and not the responsibility of the Indemnified Party.
Handling Third-Party Claims: Addressing any claims by third parties that allege the content you upload and use via our service infringes upon their rights.
Compliance with Laws: Managing any assertions or inquiries from government or regulatory bodies that your content violates applicable laws.
In such events, you are obligated to indemnify and defend Artelo, including its staff, shareholders, agents, directors, affiliates, assignees, subcontractors, and licensors, against any reasonable expenses or losses. These may include, but are not limited to, damages, fines, and legal fees incurred due to:
Claims or investigations suggesting that your content infringes third-party rights or violates laws.
Your use of Artelo’s platform in a manner inconsistent with this Agreement.
Any breaches of this Agreement by you or your affiliates.
Conversely, Artelo will handle and take responsibility for any third-party claims alleging that the use of our platform or services, per the Agreement, infringes on a third party's rights. Artelo will indemnify and defend you against costs or losses incurred due to such claims, including damages, fines, and legal fees.
In case of any third-party claims relevant to matters where indemnification is warranted under this Agreement, the party entitled to indemnification ("Indemnified Party") must:
Promptly inform the other party ("Indemnifying Party") in writing about the claim.
Allow the Indemnifying Party to control the defense and cooperate with them.
Not settle any claim without the prior written consent of the Indemnifying Party.
Endeavor to mitigate costs and losses reasonably.
In each instance, the Indemnifying Party will communicate to the concerned third party that the claims or investigations are solely the responsibility of the Indemnifying Party and not the Indemnified Party.
Artelo provides you, the customer, with a limited right to access and use our platform solely to use our services. This platform contains intellectual property and materials such as software, trademarks, and graphics, which are the property of Artelo, its affiliates, or its licensors. You are granted no rights to this property or material beyond what is explicitly outlined in this Agreement.
As a customer, you agree not to use the platform for purposes other than those permitted by the Agreement. You will refrain from copying, renting, leasing, selling, distributing, reverse engineering, creating derivative works, or tampering with such property or materials' security measures or operations.
The platform may include open-source software, which is licensed under the terms of the applicable open-source license. Artelo may also provide plug-ins that facilitate the transfer of files or content from certain third-party software programs on your equipment to our platform. However, Artelo does not license or authorize your use of such third-party software, and you must have a separate agreement with the licensor of such software for its use.
You represent and warrant that you own or have all necessary rights to upload, reproduce, create derivative works from, print, distribute, and otherwise use your uploaded content as required for our services. You grant Artelo a royalty-free, revocable, worldwide, non-exclusive, and sublicensable right to store, reproduce, create derivative works from, print, distribute, and otherwise use your uploaded content solely to provide services in accordance with this Agreement.
Copyright Retention by Artist: Notwithstanding any other provision of these Terms of Service, the artist (hereinafter referred to as "Artist") retains all copyright ownership and intellectual property rights in and to the art that the Artist uploads to the Artelo platform. Nothing in this Agreement shall be construed as transferring or assigning any such intellectual property rights from the Artist to Artelo.
Limited License to Artelo: The Artist grants to Artelo a limited, non-exclusive, non-transferable, and revocable license to print, fulfill orders, and otherwise utilize the uploaded art solely for the purpose of providing the services offered by Artelo in accordance with the Artist's instructions and as outlined in this Agreement. This license is restricted to the operational scope necessary for Artelo to perform these services and does not extend beyond such use.
Prohibition on Unauthorized Use: Artelo shall not, under any circumstances, resell, reproduce, sublicense, distribute, or otherwise commercially exploit the Artist's art for its own benefit or for the benefit of any third party, including but not limited to under any private label brand, separate entity, or any other means not explicitly associated with the Artist's Artelo account. Artelo acknowledges that such unauthorized use would constitute a material breach of these Terms of Service and would infringe upon the Artist's copyright.
Questions or Concerns: If you have any questions or concerns about these terms, please contact us at info@artelo.io.