Terms & Conditions

artAttendant LLC

TERMS AND CONDITIONS

These Terms of Use (“Terms”) are an agreement between you (“you” or “your”) and artAttendant LLC. d/b/a artAttendant (“artAttendant” or “we” or “our” or “us”) that governs your access to and use of our website, products, and services (collectively, “Services”). By accessing or using our Services in any way, you agree to these Terms. If you do not agree to these Terms, you are not permitted to access or use our Services. Please read these Terms carefully, and feel free to Contact us if you have any questions

In the case of inconsistencies between these Terms and information included in off-line materials (e.g., promotional materials and mailers), these Terms will always govern and take precedence.

PRIVACY

We respect your privacy. We never sell, share or trade your confidential information. Your email or personal information will not be provided to others.

COPYRIGHT

All copyrights of the artwork contained herein belong to the artists. The entire data and content included in this site, including but not limited to text, images, information, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of ARTATTENDANT LLC. or by others who have licensed their Content to us. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with ARTATTENDANT LLC or to use screenshots of the artwork made public in Discover, or distribution of artAttendant web pages through social media, for art artAttendant promotion and media purposes. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with ARTATTENDANT LLC. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by ARTATTENDANT LLC. in writing.  

You further agree not to change or delete any proprietary notices from materials downloaded from the site.

We respect the intellectual property rights of others and expect Users to do the same. In accordance with the Digital Millenium Copyright Act (“DMCA”), we will respond to notices of claimed copyright infringement that are provided to us.

We reserve the right to remove or disable access to any Content on our Services claimed to be infringing, at any time at our sole discretion, without notice or liability. In appropriate circumstances, we will also terminate Users and account holders who are repeat infringers.

CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of Users who are infringers of copyright. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to the Artwork Archive’s designated agent.

ArtAttendant LLC.
c/o Eric Sirotkin, Esq
820 2nd St NW
Albuquerque, NM 87102

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Site, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

1. Your physical or electronic signature;

2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

3. A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled and why you have the right to post; and

4. Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which artAttendant LLC. may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

TRADEMARKS

All trademarks, service marks and trade names of ArtAttendant LLC.  used in this site are trademarks or registered trademarks of artAttendant LLC. Neither these Terms nor your use of our Services grants you any license or permission under any copyright, trademark, or other intellectual property of artAttendant or any third party, whether by implication or otherwise.

WARRANTY DISCLAIMER

This site and the materials and products on this site are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, ARTATTENDANT LLC.  disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

artAttendant LLC. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. artAttendant LLC.  does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

LIMITATION OF LIABILITY

artAttendant LLC.  shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if art Attendant LLC.  has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

IF YOU ARE DISSATISFIED WITH THE SITE OR THE SERVICES OR WITH ANY OF THESE TERMS, OR FEEL ARTATTENDANT LLC HAS BREACHED THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES. THE TOTAL LIABILITY OF ARTATTENDANT TO YOU FOR ANY CLAIM ARISING FROM OR RELATING TO THESE TERMS OR USE OF THE SITE OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES.

IT IS THE INTENTION OF YOU AND ARTATTENDANT THAT THIS PROVISION BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

CONTENT

artAttendant reserves the right to remove any images or Content at any time in its sole discretion without liability. Please note that Content covers a wide range of art and subject matter, is generally uncensored, and may include nudity or other visual or written material that some people may consider offensive or inappropriate for children and minors. If you allow your child or anyone else to use your computer or other device, it is solely your responsibility to prevent them from accessing any Content that you think is or may be inappropriate for them.

When listing in Discover, you agree to present artwork images in a professional manner and that is visually descriptive.

TYPOGRAPHICAL ERRORS

In the event that an artAttendant LLC.  product is mistakenly listed at an incorrect price, AartAttendant LLC.  reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. artAttendant LLC.  reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, artAttendant LLC.  shall issue a credit to your credit card account in the amount originally billed.

TERM AND TERMINATION

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration, listing or making an offer process. These terms and conditions, or any part of them, may be terminated or amended by artAttendant LLC.  without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

NOTICE

artAttendant LLC.  may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to artAttendant LLC.  Please add us to your inbox especially if you are listing your art with us.

artAttendant LLC.  may assign its rights and duties under this Agreement to any party at any time without notice to you.

JURISDICTION AND CLAIMS

Your use of this site shall be governed in all respects by the laws of the state of New Mexico, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of artAttendant LLC.  products) shall be in the state or federal courts located in Bernalillo County, New Mexico. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of artAttendant LLC products) must be commenced within one (1) year after the claim or cause of action arises. artAttendant LLC. ’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions.

USE OF SITE

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an artAttendant LLC.  or other staff member, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

EXTERNAL LINKS

From time to time artAttendant LLC. may provide links that will take you to third party website. These links are provided for your convenience only. If you decide to access linked website you do so at your own risk. artAttendant LLC. does not endorse or take responsibility for the content on other website or the availability of other website and you agree that artAttendant LLC. is not liable for any loss or damage that you may suffer by using other websites.

SITE LICENSE

artAttendant LLC. grants you a personal, limited, revocable, non-exclusive and non-transferable license to use the Site and Services. This license is exclusive to you and you may not sublicense the use of the Site.  You may not modify the Site, create derivative works of the Site, or reverse engineer, reverse compile, reverse assemble or do any other operation with the Site that would reveal any source code, trade secrets, know-how or other proprietary information. This license shall not be construed or interpreted as granting or providing rights to you to use, reproduce, modify, distribute, perform, display, possess or control the source code or any other aspect of the Site. You may not remove or modify any notice of confidentiality, trade secret, trademark or copyright encoded or embodied in the Site or displayed by, on, or in the Site. You may use the Site only while these Terms remain in effect. Under no circumstances shall you have any rights of any kind in or to the Site after any termination or expiration of your agreement to these Terms for any reason.

PASSWORD

You will create a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify artAttendant, LLC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. artAttendant, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

PUBLIC INFORMATION

If you as a user choose to make your profile or artwork public then artAttendant, LLC has the right to display said profile and its contents (including all public information and images) on artAttendant.com and on social media our other media outlets for promotional purposes. This serves to expand your outreach.

CHANGES TO OUR SERVICES

Our Services are updated frequently, and their form and functionality may change without notice. We reserve the right to change, modify, add, remove or discontinue any and all of our Services (and/or the appearance, design, functionality, and all other aspects of any and all of our Services), in whole or part, temporarily or permanently, with or without notice, for any reason or no reason, at any time at our sole discretion.

We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to our Services, including any loss of business or the ability to use any product, service or Content.

CHANGES TO THESE TERMS

Our business changes with time, and these Terms will change also. We reserve the right to change these Terms, including the right to change, modify, add or remove any part of these Terms, without prior notice, at any time at our sole discretion.

All changes to these Terms will be effective when posted on our Services, or at such later date as may be specified in the updated Terms.

By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.

You agree that we may notify you of any changes to these Terms by posting the updated Terms on our Services, and you agree to review these Terms regularly and inform yourself of all applicable changes.

If you do not agree to any changes made by us to these Terms, you will no longer be permitted to use our Services and no claim for return of any funds paid may be made.

Changes to these Terms will not apply to any claim or dispute that arose before such changes became effective, all of which will remain subject to the version of these Terms in effect at the time that such claim or dispute arose.

We will not be liable to you or any third party for any damages or losses of any kind resulting directly or indirectly from any changes made by us to these Terms, including any loss of business or the ability to use any product, service or content.

TERMINATION

You may stop using our Services at any time, subject to any other agreements between you and us.

Regardless of any other statement in these Terms, we reserve the right to terminate these Terms, to terminate your account (if you have an account), and/or to limit, terminate or suspend your access to or use of any or all of our Services, at any time at our sole discretion, without notice or liability, for any reason or no reason, including if you violate the letter or spirit of these Terms.

After any termination of these Terms and/or any termination of your access to or use of our Services, the following will survive and remain in full force and effect: (i) all outstanding obligations you may have to us under these Terms or otherwise; (ii) all remedies for breach of these Terms; and  including but not limited to all provisions related to ownership, disclaimer of warranties, general release, limitation of liability, indemnification, termination and changes to our services

EDUCATION

If you are a teacher, you may display Content on our Services to your students at a non-commercial indoor lecture or seminar conducted by you, provided you do not reproduce or distribute Content outside our Services in any way that is not specifically otherwise permitted by these Terms. Also, if any of your students access or use our Services, these Terms will apply to each of those students individually.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless artAttendant LLC., its officers, directors, staff members, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account; any misrepresentation made by you; or your violation of any law or the rights of any third party, including any intellectual property right, privacy right, or publicity right.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate as fully as reasonably required by us in conducting such defense. In any case, you agree not to settle any such matter without our prior written consent. Your indemnification and defense obligations provided in these Terms will survive these Terms and your use of our Services.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE THE ARTATTENDANT PARTIES FROM ALL CLAIMS, DEMANDS, SUITS, DAMAGES (ACTUAL AND CONSEQUENTIAL), LOSSES, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS’ FEES), OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN CONNECTION WITH: (i) ANY DISPUTES BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES; (ii) ANY USER CONTENT OR CONDUCT, PERFORMANCE OR NON-PERFORMANCE (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER OR OTHER THIRD PARTY IN ANY WAY CONNECTED WITH OUR SERVICES, INCLUDING ANY DEFAMATORY, MISLEADING, OFFENSIVE OR UNLAWFUL CONDUCT OR USER CONTENT, OR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVICES, YOUR ACCOUNT OR YOUR USER CONTENT AND/OR INFORMATION; (iii) ANY ARTWORK OR OTHER PROPERTY EXHIBITED, LISTED, MARKETED, OFFERED FOR SALE, OR SOLD (WHETHER ONLINE OR OFFLINE) BY ANY OTHER USER OR OTHER THIRD PARTY ON, THROUGH, OR IN ANY WAY CONNECTED WITH OUR SERVICES; OR (iv) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS (WHETHER IN PERSON, ONLINE OR OTHERWISE) BETWEEN YOU AND ONE (1) OR MORE OTHER USERS OR OTHER THIRD PARTIES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF OUR SERVICES. YOU EXPRESSLY WAIVE ANY BENEFITS OR PROTECTIONS, WHETHER STATUTORY OR OTHERWISE, THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE ONLY THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF ENTERING INTO THIS RELEASE.

BUYERS

We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer, or seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective buyer, or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).

REPRESENTATIONS

We do not endorse or make any representations or warranties of any kind, express or implied, with respect to: (i) Users’ listings on our Services or related User Content, whether as to accuracy, completeness, truthfulness, reliability or otherwise; or (ii) any property listed, marketed, offered or sold (whether online or offline) by any User and/or third party, whether as to quality, size, condition, description, provenance, attribution, authenticity, legality, merchantability, fitness for a particular purpose, or otherwise.

No statement made by any seller about any property (whether orally, in writing, on our Services or otherwise) will be considered a representation, warranty, or assumption of liability of any kind by us.

We reserve the right, at any time at our sole discretion, to refuse to list, de-list, or delay or suspend listing of any property on our Services. We will not be liable to any User for doing so.

COMMISSIONS

We may receive a commission from some sellers on some sales, subject to separate agreements between us and those sellers.

GENERAL RESTRICTIONS

You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):

• submit, post, publish or otherwise provide any User Content on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;

• create a false or misleading artAttendant account or User profile with inaccurate or untrue information;

• use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;

• use our Services or any Content in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;

• collect information about Users (including email addresses) or send marketing email or other promotional communications to Users without their consent;

• access our Services by any means other than the interface and instructions that we provide;

• access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;

• breach, disable or circumvent any security or authentication measures on or in connection with our Services;

• interfere with the normal operation of our Services or the access of any User, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems;

• decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;

• adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;

• use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);

• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Content to send altered, deceptive, or false source-identifying information;

• mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;

• use any meta-tags or other hidden text or metadata containing any artAttendant trademark, service mark, product name, or URL without our express prior written permission unless used on social media to advertise your account or share with others the existence of artAttendant LLC.;

• use any artAttendant trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;

• use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any artAttendant trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or

• remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content.

Without limiting other rights or remedies, we reserve the right to limit, terminate or suspend any User’s account and/or access to or use of any or all of our Services, at any time at our sole discretion, if we believe that such User is violating the rights of any third party, that such User’s conduct may be exposing us or others to legal or financial liability, or that such User is acting inconsistently with the letter or spirit of these Terms, and we will have no liability to such User for doing so. In any case, we reserve the right to investigate and prosecute violations of these Terms to the fullest extent permitted by applicable law.

BACK-UPS

Client agrees that it is responsible for maintaining and protecting backups of all Client Data directly or indirectly processed using the Software and that artAttendant is not responsible for the failure to store, the loss, or the corruption of Client Data. Although there is no charge to store the records of your archive, artAttendant recommends that clients periodically purchase a back up file of their data from artAttendant.

FEEDBACK

artAttendant is hereby granted a royalty-free, fully-paid, worldwide, exclusive, transferable, sub-licensable, irrevocable and perpetual license to use or incorporate into its products and services any information, data, suggestions, enhancement requests, recommendations or other feedback provided by Client or its Authorized Users relating to the Software Services. All rights not expressly granted under this Agreement are reserved by artAttendant.. 

MARKETPLACE

Our Services includes an online marketplace where Users may browse, purchase, list, market, offer for sale, and sell artwork and other property. Our Services also include features that enable Users to contact and communicate with us or other Users about the property listed on our Services or otherwise.

Minors are not allowed to use our Services as buyers, bidders or sellers. Any person that uses our Services to buy, bid on, list, market, offer or sell property represents and warrants that she or he is at least eighteen (18) years old and is otherwise able to enter into and form binding contracts under applicable law.

Users must receive our express written permission and may be required (at our sole discretion) to provide additional information and/or to meet additional eligibility requirements before they are allowed to list, market, offer or sell property on or through our Services. For example, sellers may need to complete an additional registration process. These Terms apply to sellers, but these Terms alone do not give you permission to use our Services as a seller.

We may develop conditions of sale from time to time and provide them to buyers and sellers or include them on our site that contain important information and additional terms and conditions that apply to our marketplace. It is your responsibility to read them carefully before purchasing, bidding on, inquiring about, listing, marketing, offering or selling any property on or through our Services. Such conditions of sale are incorporated into and considered part of these Terms.

As a marketplace, we do not own, take title to, have possession of, or sell the property listed, marketed, offered or sold on or in connection with our Services (whether online or offline). We do not sell property on behalf of the seller. All property is offered for sale and sold directly from the seller to the buyer, and we are not a party to any sale. We do not transfer, and are not responsible for transferring, legal ownership or physical possession of property from the seller to the buyer.

We may facilitate communication or payment between buyers, prospective buyers, and sellers in connection with some property. However, such Services are offered for convenience only. We have no agency authority and are not the agent of any buyer, prospective buyer, or seller for any purpose. Our involvement in any sale transaction is limited to accepting payment from the buyer on behalf

We do not endorse or control and are not responsible for the conduct (whether online or offline) of any buyer, prospective buyer,  or seller. We make no representations or warranties as to the character, reputation, policies or practices of any buyer, prospective buyer, bidder or seller. We make no representations or warranties that any buyer, prospective buyer, or seller will complete any transaction or otherwise perform as promised (whether or not we collect or agree to collect payment from any buyer on behalf of any seller).

FEES AND PAYMENTS

All orders placed will be considered final. Fees will be due and payable as set forth on the web site or otherwise conveyed to you during the order process. Fees for any Renewal Term shall be at artAttendant’s then standard rates, currently in effect, or if applicable, as otherwise set forth on the web site or otherwise conveyed to you by artAttendant. If yout fail to pay in accordance with the payment terms, artAttendamt shall be entitled, at its sole discretion, (i) to suspend provision of the Software Services temporarily until you fulfill your pending obligations or (ii) to terminate this Agreement for breach. Unless otherwise stated, all payments made under this Agreement shall be in United States dollars. Except as otherwise expressly provided herein, fees are non-refundable. 

UPGRADING OR DOWNGRADING YOUR ACCOUNT

You may, at any time during the Term, upgrade or downgrade to a different artAttendant LLC account type. The change in account type will take effect immediately. After an upgrade in account type, if there is a monthly fee for said upgrade, you will be billed immediately for the additional fees due under the upgraded account type for the remaining time of the applicable Term. The amount due and owing for the upgraded account type will be reduced by what the amount you have already paid, if any, for the applicable Term. In regard to a downgraded account type, you will be billed the fees due for the downgraded account type, if any,  at the commencement of the Renewal Term. 

MOBILE APPLICATIONS

As part of our Services, we may offer you the use of artAttendant LLC mobile applications, including applications that may be accessed through the iTunes App Store (“iTunes-Sourced Apps”) and applications that may be accessed by other means.

Your use of our mobile applications is subject to these Terms and any applicable Service Terms that we may post on our Services or otherwise make available to you in connection with our mobile applications.

We may update any of our mobile applications without notice, at any time at our sole discretion, and these Terms will apply to any updated versions.

The following terms and conditions in this section apply to iTunes-Sourced Apps:

• You agree to use iTunes-Sourced Apps only on an iPhone/iPad OS product that you own or control, and as permitted by the App Store Terms of Service.

• You acknowledge that these Terms are an agreement between you and us, and not with Apple, and artAttendant, not Apple, is solely responsible for iTunes-Sourced Apps and the content of iTunes-Sourced Apps.

• You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any iTunes-source App.

• If any iTunes-Sourced App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such iTunes-Sourced App to you. To the fullest extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to any iTunes-Sourced App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of any iTunes-Sourced App to conform to any warranty will be our sole responsibility. However, please note that we expressly disclaim all warranties to the fullest extent permitted by applicable law (as provided in these Terms).

• You and we acknowledge that Apple is not responsible for addressing any claims by you or any third party relating to any iTunes-Sourced App or your possession and use of any iTunes-Sourced App, including: (i) product liability claims; (ii) any claim that any iTunes-Sourced App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

• You and we acknowledge that, in the event of any claim by any third party that any iTunes-Sourced App or your possession and use of any iTunes-Sourced App infringes that party’s intellectual property rights, as between artAttendant and Apple, artAttendant, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of such claim to the extent required by these Terms.

• By downloading or using any iTunes-Sourced App, you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.

• You and we acknowledge that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms as relates to iTunes-Sourced Apps and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms as relates to iTunes-Sourced Apps.

OTHER WEBSITES AND SERVICES

Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services.

Such links and features are for convenience only and do not constitute or imply any endorsement, warranty, or assumption of liability of any kind by us with respect to any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

You are solely responsible for, and assume sole risk arising out of, any use of or reliance on any such websites or services, or any information, materials, goods or services on or available from any such websites or services.

You acknowledge and agree that the artAttendant is not responsible and will not be liable for: (i) the accuracy or availability of any such websites or services; or (ii) any information, materials, goods or services on or available from any such websites or services.

Our Services may use Google Maps/Earth mapping services, including Google Maps/Earth APIs. By using our Google Maps/Earth API implementation, you agree to Google’s terms of use and privacy policy as amended by Google from time to time.

INFORMATION

No advice or information (whether oral or written) obtained from the artAttendant LLC., or through our Services or any Content, will create any warranty by us not expressly stated in these Terms or in a separate written agreement between you and us.

INTERNATIONAL USE

Our Services are based in the United States and we do not represent or warrant that our Services will be appropriate or available for use outside the United States.

If you are located outside the United States, you agree to ensure that your access to and use of our Services complies with all applicable local, state, national, and international laws and regulations, including any laws and regulations governing the import or export of data, goods, services or software.

You must not access or use our Services if any applicable local, state, national, or international law or regulation prohibits you from receiving products or services originating from the United States.

If you are located in a country embargoed by the United States, or you are on the U.S. Treasury Department’s list of Specially Designated Nationals (or any other U.S. Government list of commercially restricted parties), you must not perform any transaction or engage in any other commercial activity on or in connection with our Services.

ENTIRE AGREEMENT AND MISCELLANEOUS TERMS

These Terms, including our Privacy Policy, Conditions of Sale, and any other terms and conditions incorporated into these Terms by reference, together with any other written agreements that you may enter into with us regarding our Services, constitutes the entire agreement and understanding between you and us regarding our Services, and supersedes any other communications, representations or understandings.

If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable for any reason, that provision will be enforced to the maximum extent permitted, and these Terms will otherwise remain in full force and effect.

No delay or failure by us to exercise or enforce any right or provision of these Terms will be considered a waiver. No right or remedy under these Terms will be considered waived by us unless the waiver is in writing and signed by an ArtAttendant representative who intends and is duly authorized to agree to the waiver on our behalf. No single or partial exercise by us of any right or remedy under these Terms will prevent us from exercising any other right or remedy.

These Terms will be binding on your successors and assigns, but you are not allowed to assign, transfer or sublicense these Terms or any right or obligation under these Terms without our prior written consent. These Terms, and all rights granted to or reserved by us under these Terms, will benefit and be enforceable by our successors and assigns.

There are no third-party beneficiaries to these Terms except as expressly provided in these Terms.

You and we are independent contractors under these Terms. No agency, partnership, joint venture, employment, sales representative, or franchise relationship is created or implied by these Terms or your use of our Services. Nothing in this Agreement creates an exclusive relationship or in any way prevents artAttendant from entering into similar arrangements with or providing similar services to other entities, including, without limitation, other similar customers. Client understands and acknowledges that artAttendant  is free to use some or all of the data, information, techniques, methodologies, forms, layouts or results of any of the products or services provided by artAttendant hereunder in providing products or services to other customers and nothing in this Agreement shall be construed to limit artAttendant’s right to do so.

Nothing in these Terms will prevent us from complying with any applicable law or regulation.

These Terms were written in English (U.S.). If any translation conflicts with the English version, the English version controls.

The section titles in these Terms are for convenience only and have no legal or contractual effect.

HOW TO CONTACT US

If you have questions about these Terms or our Services, please email us at connect@artattendant.com   artAttendant is located at: 620 16th Street NW, Albuquerque, New Mexico, 87104, U.S.

EFFECTIVE DATE

These Terms are effective as of December 1, 2016.

Archive Services

About

FAQ

Terms & Conditions

Recommend adding this for other compliance:

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We use regular Malware Scanning.
Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the site’s or service provider’s systems to recognize your browser and capture and remember certain information. For instance, we use cookies to help us remember and process the items in your shopping cart. They are also used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services. We also use cookies to help us compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.

We use cookies to:
 Keep track of advertisements.
 Compile aggregate data about site traffic and site interactions in order to offer better site experiences and tools in the future. We may also use trusted third-party services that track this information on our behalf.

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since each browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.

If you turn cookies off, it won’t affect your experience.

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide you with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when its release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users.
https://support.google.com/adwordspolicy/answer/1316548?hl=en
We use Google AdSense Advertising on our website.

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We have implemented the following:
 Remarketing with Google AdSense
 Demographics and Interests Reporting
 DoubleClick Platform Integration

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.

You will be notified of any Privacy Policy changes on our Privacy Policy Page. You can change your personal information by emailing us or by calling us.

How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
We do not specifically market to children under the age of 13 years old.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email within 7 business days.

We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
 Send information, respond to inquiries, and/or other requests or questions
 Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.

To be in accordance with CANSPAM, we agree to the following:
 Not use false or misleading subjects or email addresses.
 Identify the message as an advertisement in some reasonable way.
 Include the physical address of our business or site headquarters.
 Monitor third-party email marketing services for compliance, if one is used.
 Honor opt-out/unsubscribe requests quickly.
 Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at

 Follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below:

Eric Sirotkin, Esq.  820 2nd St NW Albuquerque, NM 87102