Artrepreneur Knowledge Base - Terms of Service

I. INTRODUCTION

These Terms of Service (“TOS”) form a legally binding agreement between Orangenius, Inc. DBA Artrepreneur, a Delaware corporation (“Artrepreneur”), and all users and visitors (“you”). By accessing or using Artrepreneur’s websites and services (collectively, the “Services”), including those provided under the ATP.art domain, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept these Terms or are not eligible to use the Services, you are not permitted to access or use them.

All policies, guidelines, and additional documents found in the Policies and Guidelines section of our Help Center are incorporated herein by reference. These include rules on uploads, store usage, open calls, privacy, and other matters. Your continued use of the Services indicates your acceptance of these incorporated documents.

II. DEFINITIONS

The following terms are defined here for clarity and apply throughout these Terms of Service (“TOS”). If a term is fully explained upon its first use, or if it is primarily defined in the “Overview of Artrepreneur and ATP.art Services” document or another referenced policy, it may not appear here. Additional details can be found in the Policies and Guidelines section of the Help Center.

“Commercial Ready”: A designation indicating that certain Artworks meet criteria for commercial suitability, potentially granting them eligibility for special programs or visibility. Further details appear in the Commercial Ready Program Guidelines.
Readymade Store: a unique marketplace where businesses and commercial designers find exceptional, ready-to-hang art specifically designed to meet the needs of commercial spaces.
“Member”: An individual or entity who creates an Account, as opposed to a Visitor who accesses the Platform without registering. Different Member Types (e.g., Artists, Organizations) and subscription plans (e.g., Basic, Pro) may apply.
“Member Content”: Any content, including Artworks, text, images, or other materials, uploaded or posted by Members. Member Content is subject to the licenses, restrictions, and requirements set forth in these Terms and the applicable policies.
“Open Calls”: Opportunities hosted by Artrepreneur for Members to submit Artworks or proposals for consideration in various programs, competitions, or grants. Rules are outlined in the Open Call Rules.
“Platform”: The Artrepreneur and ATP.art websites, domains, subdomains, and all applications, services, and features made available by Artrepreneur.
“Pro Plan”: A paid subscription level that provides additional benefits, features, or fee waivers beyond those available in the Basic plan.
“Services”: All functionalities, offerings, and interactions made available through the Platform, including but not limited to marketplace features, portfolio tools, educational resources, and commercial solutions.
“Visitor”: A user who accesses or browses the Platform without creating an Account.
Third-Party Service: Any service, platform, software, or application provided by a party other than Artrepreneur, which may be used or integrated in connection with Artrepreneur’s Platform to facilitate platform functionality or user interactions. Users’ interactions with these services are subject to the third party’s terms and policies.
Additional Terms: Other defined terms may appear throughout these Terms. When used, they will have the meanings assigned to them within the respective sections of this TOS or within referenced policies.

III. ELIGIBILITY AND ACCOUNTS

A. Age Requirements and Restrictions

No part of the Platform is directed to or targets children younger than 13 years of age, and children younger than 13 years of age are not permitted to access the Platform or Services. Minors under the age of 18 and at least 13 years of age are only permitted to access the Platform or use the Services through an account owned by their parent or legal guardian with their direct supervision and permission. If the law applicable to your jurisdiction requires that you must be older than 18 for Artrepreneur to provide you access to the Platform without parental consent, then the minimum age under such applicable law will be the minimum age for purposes of these Terms. Accounts violating this policy will be removed.

Artrepreneur strongly urges all parents and legal guardians to monitor their children’s Internet use. Parents should be aware that parental control tools are available from other sources on the Internet that they can use to prevent their children from accessing or submitting information online without parental permission. If Artrepreneur learns that it has collected the personal information of a child younger than 13 years old, Artrepreneur will take steps to delete such information from Artrepreneur’s files as soon as commercially reasonably possible. Please see Artrepreneur’s Privacy Policy for further information and direct any inquiries related to the following to Artrepreneur’s Contact Page.

B. Members and Visitors

For the purposes of these Terms of Service: Members are individuals who register for an account or otherwise sign up to access and use the Services. Visitors are individuals who access or browse the platform and its services without signing up for an account.

Certain features of the Platform are available only to Members and not to Visitors.

C. Accounts and Member Terms

Users must create an account to access certain Platform features. By creating an account, you agree to provide accurate, complete, and up-to-date information. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You agree not to share your account with anyone, and you acknowledge that you are responsible for all activities that occur under your account, including unauthorized access. If you suspect any unauthorized use of your account, you must notify Artrepreneur immediately.

If you can no longer access your password, please use the “Forgot Password” link on the Account login screens. If you no longer have access to the email account/social media platform you used to sign up for your account, or if you know or suspect that anyone other than you knows your password, you must promptly notify Artrepreneur at Artrepreneur’s Contact Page.

In certain circumstances, you may create multiple Accounts. For example, you may want an Artist account for your photographic works and an Organization account highlighting your graphic design work. You shall not create excessive multiple or fake accounts to solicit or gain an unfair advantage over other Members. If you create multiple legitimate Accounts, please note that each account must be registered with a unique email address. You can create multiple accounts by using different email addresses for each account. You may also add multiple email addresses to any Account from your settings page.

You can delete your account directly from the Platform’s settings page. Please note that upon deletion, you will lose access to all content associated with your Account, including purchased Artwork, saved favorites, and participation in ongoing Open Calls. You may also lose the right to access or use certain parts of the Platform.

Without limiting anything contained herein, Artrepreneur reserves the right to disable, suspend, or terminate your Account at any time for any reason in Artrepreneur’s sole discretion, including, without limitation, if you fail to comply with any provision of these Terms.

D. Member Types and Commercial Ready Status

Currently, Artrepreneur offers Member Types for the following individuals and organizations: (1) individual artists (“Artists”), (2) businesses and organizations (each, an “Organization”), and (3) buyers or other non-visual artists (collectively, “Buyer /Browsers”). Additionally, both Artists and Organizations can upgrade to a paid Pro plan (“Pro Plan”). Each Member Type and Plan may have services, functions, or features unique to that Member Type, so please review these Terms and Artrepreneur’s Pricing page.

Certain members who meet specific criteria are recognized as Commercial Ready artists, enabling their works to be eligible for the Readymade Store and potentially presented by our curators to commercial companies through ATP.art for commercial projects. (For more on the Commercial Ready Program and the Readymade Store, please visit the Help Center.)

Curators retain the flexibility to present any artwork, both from the Platform and externally, according to project needs and client preferences. Curators are responsible for selecting these artworks, managing their presence in the Readymade Store, and periodically updating the selection based on curatorial discretion. This nuanced approach allows for a dynamic curation process, catering to both the creative diversity of our artists and the bespoke needs of our clients.

IV. FEES, PAYMENTS, AND SUBSCRIPTIONS

A. Plans and Fees

To access certain features of the Platform, you may be required to register for an Account. When you register to become a Member, you can choose between different membership types (“Member Types”). Currently, Artrepreneur offers the Member Types for the following individuals and organizations: (1) individual artists (“Artists”), (2) businesses and organizations (each, an “Organization”), and (3) buyers or other non-visual artists (collectively, “Buyer /Browsers”). Additionally, both Artists and Organizations can upgrade to a paid Pro plan (“Pro”). Each Member Type and Planmay have services, functions, or features unique to that Member Type, so please review these Terms and Artrepreneur’s Pricing page.

You may register for an Account on Artrepreneur’s Signup page by establishing a username and password or using single sign-on authentication (OAuth) via a Third-Party Service. The Signup/login pages on the Platform will inform you what authentication may be used to create an account and log into the Platform. Artrepreneur reserves the right to amend the authentication that can be used to access the Platform at any time. You agree that all information you submit during the account signup process or additional information you submit to your account profile at any time thereafter shall be accurate and truthful. You agree to keep it up to date. Please review Artrepreneur’s Privacy Policy to learn more about the information Artrepreneur collects during the Account sign-up or authentication process. As of the effective date of these Terms, Artrepreneur requires your name or professional pseudonym, email address, geographic location, and specialty when joining the Platform. However, if you are an Artist or Organization, Artrepreneur highly recommends that you upload Artwork and add relevant information to your resumé/profile, such as a personal or artistic statement, to help other Members, buyers, collectors, or potential clients and employers learn more about you and your creative process.

You acknowledge that your Account is unique and personal to you, and you are responsible for maintaining the security of and restricting access to your account and password. You agree to accept responsibility for all Artwork purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Platform via your Account are familiar with these Terms and that they will comply with them. Artrepreneur does not have access to your password. If you can no longer access your password, please use the “Forgot Password” link on the Account login screens. If you no longer have access to the email account/social media platform you used to sign up for your account, or if you know or suspect that anyone other than you knows your password, you must promptly notify Artrepreneur at Artrepreneur’s Contact Page.

B. Payment Methods and Billing

To upgrade to Pro, you will have to enter a credit or debit card into your Account, which can be multiple different cards (“Payment Method”). Please note that Artrepreneur does not store your credit card on Artrepreneur’s servers or properties in accordance with Artrepreneur’s Privacy Policy. Artrepreneur’s Third Party Service payment processor, Stripe, will store and house such information. In connection with the same, you hereby authorize Artrepreneur’s payment processors, including Stripe, to charge the Payment Method associated with your Account for the Fee. By using the Stripe payment processing services, you agree to the Stripe Terms of Service, which are available at https://stripe.com/legal. Artrepreneur has no access to your credit card despite signing up for or paying Fees. Artrepreneur only stores your name, email, and address in accordance with Artrepreneur’s Privacy Policy.

If you decide to subscribe to Pro Plan, you agree to pay Artrepreneur the Fee and any applicable fees and taxes (including any foreign exchange fees or differences in prices based on location). Artrepreneur may calculate any taxes you pay based on the billing information you provide Artrepreneur at the time of purchase. All monthly or annual fee(s) are billed automatically to your payment method at the start of each applicable period (i.e., the date you first established a Pro Member Type) unless you terminate your Pro Member Type before starting the subsequent applicable period. Artrepreneur recommends that you cancel one (1) business day before the end of the applicable period to avoid being charged for the next cycle. You can access the Pro Member Type through the remainder of the applicable period upon cancellation. The Fee will not be reduced if you elect not to use or access the Platform during the remainder of the applicable period. Artrepreneur does not provide refunds on any Fees unless required under the local laws applicable to your jurisdiction. Failure to pay the Fee will terminate your Pro Plan, and you will be downgraded to the Basic Plan.

Notwithstanding anything contrary herein, all Fees are subject to change, subject to applicable law. Artrepreneur will notify Members thirty (30) days before any Fee changes.

Upon any failure to process payment for Fees, Artrepreneur reserves the right, at Artrepreneur’s sole discretion, to cease providing you with Pro Plan access, which will limit your access to certain features of the Platform. If a free trial for a Pro Account is offered and you elect not to subscribe to a Pro Plan after the trial period ends, you will not be eligible to sign up for another free trial for such Pro Member Types unless expressly agreed to by Artrepreneur.

C. Open Call Fees and Waivers for Pro Members

Some Open Calls may require an application fee. However, Pro members can apply to an unlimited number of Open Calls without payment. This system encourages active participation and provides a clear path for artists to engage with opportunities like the Commercial Ready Program and various art competitions facilitated by Artrepreneur.

D. Readymade Store Payment Structure.

Readymade Store Payment Structure: Artists participating in the Readymade Store will have their artworks sold under a specific payment structure. Net profits from sales are split between the artist and Artrepreneur, as detailed in the Readymade Store Artist Agreement. The exact distribution ratio is outlined therein, emphasizing transparency and fairness in compensating artists for their work.

E. Integration with Payment Processors:

For all transactions within the Readymade Store, Artrepreneur integrates with Stripe, a leading payment processor, to handle payments securely and efficiently. Artists should be aware that payment processing through Stripe may involve certain fees or processing times, which can differ from other sales channels on Artrepreneur. Detailed information regarding Stripe’s processing fees and payout timings is available on Stripe’s official website and within the Readymade Store Artist Agreement, enabling artists to manage their financial expectations accurately. Please note that the Readymade Store is hosted on Shopify, a third-party e-commerce platform.

V. CONTENT AND INTELLECTUAL PROPERTY

A. Member Content

Certain features of the Platform allow Members to upload and otherwise share information and other content on the Platform (“Member Content”), including, without limitation, Artwork that you upload to your Account, other submissions and statements you make on the Platform, and certain other account information, including your name, image, resume, and biographical materials. Visitors cannot add content, save or like artwork, contact other members, or purchase artwork. As further set out in Artrepreneur’s Privacy Policy, except for your email address, direct messages sent via the Platform, and other materials stored by Third Party Services, all Member Content will likely be publicly available on the Platform. Additional information and requirements for Member Content can be found in Artrepreneur’s Community and Image Guidelines in the Policies Section of this Help Center.

Artworks submitted for the Commercial Ready Program are considered Member Content and are subject to the terms outlined in this section. By submitting artwork to the Commercial Ready Program, you grant Artrepreneur the necessary licenses to display and promote your work as part of the program in accordance with these Terms.

As between Artrepreneur and each Member, Members retain all rights, title, and ownership interests in their uploaded content ("Member Content"). To upload content to Artrepreneur, Members must own the copyright or possess other valid ownership rights to that content. For details about what can be sold on the Platform or through ATP.art and the Readymade Store, please refer to the Store and Showroom Rules, or other related policies, in the Policies and Guidelines Section of this Help Center.

While Artrepreneur maintains certain licenses to Member Content as specified in this agreement, Artrepreneur will not be deemed the owner of any Member Content, including your Artwork.

Content without a valid copyright holder is prohibited on our platform. This includes, but is not limited to:

Public domain artwork
Artwork with expired copyrights
AI-generated images"

B. License Granted to Artrepreneur

In connection with the foregoing, you grant to Artrepreneur and its Affiliates a non-exclusive worldwide, royalty-free, fully paid-up, perpetual, sublicensable, transferable, and irrevocable, limited license to copy, distribute, display, transmit, store, and otherwise use your Member Content for the sole purposes of (1) Artrepreneur offering the Platform and/or providing the Services (this permits, for instance, Artrepreneur to allow Artrepreneur’s web-hosting company to host the Platform and for other users to view your Artwork and otherwise view, access, and engage on the Platform), (2) to promote your Artwork in any media (including displaying Member Content on the Platform, Artrepreneur’s social media channels, and including Member Content in Artrepreneur’s newsletters and email lists), and (3) for all other purposes specifically referenced within the Terms. Without limiting the foregoing, this includes granting other Members and Visitors to the Platform the right and license to view your Member Content on or through the Platform. All other uses of Member Content shall be subject to your approval (email and direct messages via the Platform are deemed sufficient for such purposes).

C. Consent to Modify Image Metadata

By uploading images to the Platform, you acknowledge and consent to Artrepreneur creating various sizes of those images to optimize for different pages and improve load times. In the process of resizing or optimizing, certain metadata, including EXIF data, may be stripped or altered from the original image. You grant Artrepreneur the right to make such modifications as part of its optimization process and understand that this is done to enhance the user experience and performance of the Platform.

D. Color Accuracy

You understand and agree that Artrepreneur uses commercially reasonable efforts to accurately display the colors of Member Content uploaded to the Platform. However, because individual computer monitors or other displays may have technical differences and/or display colors differently, you agree Artrepreneur is not responsible for any color inaccuracy of any Member Content displayed on the Platform. If you have questions regarding color accuracy, please contact Artrepreneur on Artrepreneur’s Contact Page.

E. Artrepreneur’s Intellectual Property

The Platform and all its contents are protected under various domestic and international copyright, trademark, and other applicable laws. As between you and Artrepreneur, all rights, title, and interests of any kind in and to the Platform, including, without limitation, all copyrights and intellectual property rights of any kind (excepting only Member Content, which remains exclusively your property, as defined below in Section VI (Member Content)) and Artrepreneur’s name, logos, and overall brand (including the trademarks and service marks for Artrepreneur™ and its logo, Art Journal, are entirely owned by Artrepreneur or Artrepreneur’s affiliates, licensors, vendors, and partners (collectively, “Affiliates”).

Subject to your full compliance with the Terms, Artrepreneur grants you a limited, non-exclusive, non-sublicensable, and non-transferable license and permission to access the Platform for the stated purposes herein. Notwithstanding the foregoing, nothing contained in these Terms should be construed as granting, by implication or otherwise, any license or right to use the Platform, Services, Artwork, or any other materials found on the Platform without the express written permission of Artrepreneur or the applicable Affiliate or Platform user, beyond the rights to access, use, and/or view the Platform for the expressly stated purposes herein. Artrepreneur explicitly reserves all rights not expressly contemplated herein that relate to the Platform.

VI. SELLING AND BUYING ARTWORK

Artrepreneur offers multiple avenues for artists to showcase and sell their work, catering to different needs and types of transactions. The Platform’s various channels are designed to facilitate interactions between artists and potential buyers, ensuring a smooth, fair, and legal exchange. Here are the specifics for each channel:

A. Selling Originals Direct from Artists

This platform provides artists with the opportunity to list original artworks and limited editions for potential sale. Artrepreneur serves solely as a facilitator, connecting artists with prospective buyers. Artrepreneur does not participate in the transaction, nor does it collect any commissions on sales.

All artworks submitted for listing are subject to an approval process to ensure compliance with Artrepreneur’s quality, content, and presentation standards. While submitted works may meet these standards, approval is not guaranteed. Our curators maintain discretion to reject or limit the number of artworks displayed, even if they technically comply with stated criteria. This is to maintain a thoughtfully curated collection that promotes diversity in style, medium, and presentation, and to prevent the platform from becoming oversaturated with a large volume of similar works from a single artist or within a specific genre.

B. Showrooms

Showrooms provide Pro Members with a personalized space to sell their work on a dedicated, artist-branded page with a unique design distinct from the main Artrepreneur platform. Artists can use their Showroom link as a standalone site to promote their work directly to customers.

Unlike the general platform, Showrooms allow artists to list works that may not have been approved for sale on the main platform as explained in the previous section “Selling Originals Direct from Artists,”, as long as they meet Artrepreneur’s broader content and sales compliance standards. This provides artists with more flexibility to showcase and sell their creative offerings

C. Readymade Store

The Readymade Store features a curated collection of artworks tailored for commercial spaces and discerning collectors, with all sales managed directly by Artrepreneur. Inclusion in the Readymade Store is selective and based on the “Commercial Ready” status of submitted works. To participate, artists must ensure their artworks meet the commercial viability criteria and agree to the terms of participation. The agreement can be reviewed and accepted through the corresponding menu item on the artist’s dashboard.

D. ATP.art Consultancy

Facilitates the sale of artworks to commercial clients through a consultancy model. This channel is designed for artists with works that have strong commercial appeal and are suitable for corporate, hospitality, and public spaces. Participation is based on selection through the Commercial Ready Program or direct invitation. Works sold through the ATP.art consultancy are subject to specific terms and agreements, focusing on commercial projects.

For more details on each sales platform, refer to the Policies and Guidelines section of the Help Center, which is incorporated into these Terms of Service.

E. Responsibilities of Sellers and Buyers

For Sellers:

Artists are required to submit their works for approval before listing for sale on the Artrepreneur.com. Once approved, artists set their own prices and handle all aspects of the transaction and shipping. Artrepreneur only provides the listing but does not directly involve itself in the transaction. Artrepreneur takes no commission on any sale.

For Buyers:

To initiate a purchase, buyers must be registered Artrepreneur members. Membership is free and serves as a measure to verify the legitimacy of users and prevent spam or unwarranted contact with artists.

Buyers are solely responsible for understanding and complying with any tax obligations related to their purchase. In the event of a dispute, buyers and sellers are encouraged to resolve the matter directly. If an agreement cannot be reached, buyers should seek assistance from their payment processor or credit card company. As Artrepreneur does not participate in the transaction, it does not mediate or intervene in disputes between buyers and sellers.

Readymade Store and ATP.art Consultancy Sales:

When artworks are sold through the Readymade Store or via ATP.art’s consultancy services, Artrepreneur takes a more active role in the fulfillment and transaction process. For certain sales, such as original or commissioned works, Artrepreneur’s curators may collaborate with artists to establish terms for pricing, production costs, shipping, and other related details.

The Readymade Store is primarily focused on volume sales. For each artwork sold, artists receive a fixed percentage of the retail price, providing a clear and transparent earnings structure. Promotional discounts, trade discounts, or coupons applied to a sale are absorbed entirely by Artrepreneur, not the artist. This ensures that artists receive the same fixed payment based on the original retail price, regardless of any promotions or discounts applied to the buyer.

For more details, please refer to the Readymade Store section of the Help Center.

VII. USE OF THIRD-PARTY SERVICES AND EXTERNAL LINKS

A. Relationship with Third-Party Services

The Platform roperates with several Third-Party Services, including, without limitation, Facebook, Google, Stripe, PayPal, and additional integrations related to operations such as the Readymade Store (e.g., Shopify, Gooten). Some of the Services provided depend on the availability and functionality of these Third-Party Services. If at any time any Third-Party Service ceases to be available to Artrepreneur, Artrepreneur may cease to provide such features without entitlement to any refund, credit, or other compensation.

To use certain features of the Services related to Third-Party Services, you may be required to register for an account with the applicable Third-Party Service. In the event that any terms or policies of a Third-Party Service conflict with these Terms, the terms or policies of the applicable Third-Party Service will apply solely to your use of that service.

B. Limitations and User Responsibilities

You acknowledge and agree that using some Third-Party Services is subject to your acceptance of their respective terms of use, privacy policies, and any other conditions they impose. Artrepreneur does not control the terms, conditions, or privacy policies offered by Third-Party Services, including but not limited to how they handle personal information, how they charge for their services, or how and when they update their own terms or policies.

This includes third-party integrations that facilitate operations specific to features such as the Readymade Store. You are encouraged to review all terms and policies offered by any Third-Party Service before using its services. Notwithstanding anything to the contrary, you acknowledge and agree that it is your sole responsibility to verify your ability to purchase, cancel, or obtain a refund for a Third-Party Service. Artrepreneur is not liable for your inability to obtain a refund from or through a Third-Party Service.

C. Disclaimer of Liability for Third-Party Services

Your use of all Third-Party Services is at your own risk. Artrepreneur is not responsible for any damages or other losses you may incur through the use of any Third-Party Service. Artrepreneur makes no representations or warranties regarding any Third-Party Service and disclaims any responsibility for the actions, content, or terms of such services.

D. External Links

The Platform may contain links to third-party content for users’ convenience, advertising purposes, or other functions related to Artrepreneur’s activities. These links may be posted by Artrepreneur or by other users of the Platform. The inclusion of any link or embedded third-party content does not imply an advertisement, endorsement, or recommendation by Artrepreneur of any goods, services, products, or information provided by that third party.

Artrepreneur is not responsible for any linked or embedded third-party content, nor the accuracy or quality of such information, products, or services. Accessing such links is at your own risk. Artrepreneur expressly disclaims any responsibility or liability for third-party content tha1. User Obligations

Users are required to maintain the integrity and security of their accounts at all times. You are solely responsible for all activity that occurs under your account, including any unauthorized access or activity. You must notify Artrepreneur immediately of any breach or unauthorized use of your account. You agree to provide accurate, complete, and up-to-date account information and to update this information as necessary. Users are also required to cooperate with any Artrepreneur investigation related to compliance with this Section. Users are prohibited from sharing their login credentials with others. Your account is personal to you, and any sharing, sublicensing, or transferring of access is a violation of these Terms. You are responsible for maintaining the security of your password and access credentials.

2. Prohibited Conduct

You further represent and warrant that you shall not, at any time, without Artrepreneur’s express written consent in each instance or otherwise explicitly and expressly provided by these Terms:

1. Transfer, rent, lease, lend, sell, resell, sublicense, or otherwise commercially exploit the Platform, in whole or in part.

2. Use, distribute, modify, create derivative works from, or copy the Platform, any Account profile, or any Artwork owned or controlled by another user, in whole or in part.

3. Decompile, reverse engineer, disassemble, or attempt to derive the source code or underlying algorithms of the Platform or any third-party services, in whole or in part.

4. Develop, support, or use any software, devices, scripts, bots, spiders, or other technology or processes to scrape the Platform or Third-Party Services or to harvest data from the Platform or Third-Party Services, in whole or in part.

5. Attempt to gain unauthorized access, or permit unauthorized access, to the Platform, Third-Party Services (including any Account) or any of Artrepreneur’s related systems or networks, or bypass any measures Artrepreneur takes to restrict access to the Platform or Third-Party Services.

6. Publish or link on the Platform to malicious content intended to damage or disrupt Artrepreneur or any other third party’s software or hardware.

7. Take any action that Artrepreneur, in its sole discretion, deems to impose or to potentially impose an unreasonable or disproportionately large load on Artrepreneur’s network or systems, including, without limitation, uploading the contents of your phone as Artwork to your Account.

8. Submit or post any information or content on the Platform or Third-Party Services that is abusive, harassing, threatening, obscene, defamatory, or racially, sexually, religiously, or otherwise objectionable and offensive, including, without limitation, contacting another user of the Platform with such information or content. Without limiting anything herein, Artrepreneur may remove any such Member Content (including Artwork) at any time.

9. Remove any copyright, trademark, or other intellectual property notices from the Platform or Third-Party Services, including, without limitation, any artwork copyright notices posted by any user of the site.

10. Use or attempt to use the Platform or Third-Party Services in any manner that violates any applicable law or infringes upon the rights of any other party, including copyright, publicity, privacy, or other intellectual property rights.

11. Use the copyrighted material, trademarks, service marks, and logos of affiliates or other third parties, including, without limitation, Third-Party Services, without the affiliate’s or licensee’s permission.

12. Artificially collect likes, followers, or shares on the Platform, or post repetitive likes, comments, or content, or repeatedly contact users for commercial purposes without their consent.

13. Misrepresent your identity or any biographical information in your Account.

14. Impersonate any person(s) or entities while using the Platform, whether directly or indirectly.

3. Prohibited Content and Activities

You agree not to upload, post, submit, transmit, or otherwise make available through the Services any content or engage in any activities that Artrepreneur deems, in its sole discretion, to be:

Hateful or discriminatory. This includes content that attacks a person or group on the basis of attributes such as race, religion, ethnic origin, national origin, sex, disability, sexual orientation, or gender identity. Violent or threatening. This includes content that graphically portrays violence or that is intended to incite violence against individuals or groups. Promoting illegal activity. This includes content that promotes or facilitates the sale or use of illegal drugs, weapons, or other restricted items. Harmful or inappropriate. This includes content that is sexually suggestive in nature, exploitative, harassing, threatening, defamatory, fraudulent, or that violates the privacy of others.

4. Representations and Warranties

By using the Platform, you represent and warrant that you have the capacity to enter into these Terms and that you are not barred from using the Platform under any applicable laws. You warrant that all information you provide to Artrepreneur is truthful, complete, and up to date. You further warrant that you have the rights, licenses, and permissions necessary to post, upload, and share the content that you submit to the Platform, including artwork, images, text, and other materials.

You affirm that all uploaded content is your original creation or that you have obtained the appropriate licenses or permissions from any third parties whose content you upload or share. You warrant that your content does not infringe the rights of any third party, including intellectual property rights, publicity rights, or privacy rights. You are solely responsible for the legality, accuracy, and quality of any content you upload to the Platform.

5. Enforcement and Remedies

If Artrepreneur determines that you have violated any provision of this Section, it may take any action it deems appropriate, including, but not limited to, the removal of content, suspension or termination of your account, and the limitation or restriction of your access to the Platform. Artrepreneur may investigate suspected violations of this Section and may cooperate with law enforcement or regulatory authorities in such investigations. By using the Platform, you acknowledge and agree that Artrepreneur has the right, but not the obligation, to monitor, review, and remove any content that violates these Terms or that Artrepreneur, in its sole discretion, deems objectionable. Artrepreneur may also remove or restrict access to content to comply with applicable laws, legal processes, or governmental requests.

IX. DISPUTES, WARRANTIES, AND LIMITATIONS OF LIABILITY

A. Disclaimer of Warranties

WHILE ARTREPRENEUR IS DEDICATED TO MAKING THE PLATFORM AND SERVICES THE BEST THEY CAN BE, YOU UNDERSTAND THAT THE PLATFORM AND SERVICES ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND WITHOUT ANY WARRANTY (EXPRESS OR IMPLIED). ARTREPRENEUR EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. ARTREPRENEUR DOES NOT GUARANTEE THAT: (I) THE PLATFORM AND SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM AND SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE RESULTS OF USING THE PLATFORM AND SERVICES WILL MEET YOUR EXPECTATIONS; (V) THAT YOUR DATA, INCLUDING YOUR MEMBER CONTENT (AND ARTWORK), WILL NOT BE LOST; AND/OR (VI) THAT THE PLATFORM WILL RESULT IN SALES OF ARTWORK FOR YOU OR RESULT IN SPECIFIC SUCCESS OR OTHER BENEFICIAL ACHIEVEMENT. YOUR USE OF THE PLATFORM AND SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU UNDERSTAND YOU MAY COME ACROSS MATERIAL THAT YOU FIND OFFENSIVE OR INAPPROPRIATE WHILE USING THE PLATFORM. ARTREPRENEUR MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT POSTED BY USERS THROUGH THE PLATFORM. ARTREPRENEUR IS NOT RESPONSIBLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF CONTENT POSTED BY USERS THAT YOU ACCESSED THROUGH THE PLATFORM, AND ARTREPRENEUR IS NOT UNDERTAKING ANY OBLIGATION OR LIABILITY TO YOU REGARDING ANY SUCH CONTENT.

YOU ALSO UNDERSTAND THAT ARTREPRENEUR DOES NOT SCREEN USERS OF THE PLATFORM, AND ARTREPRENEUR SHALL NOT BE RESPONSIBLE IN CONNECTION WITH YOUR INTERACTIONS WITH OTHER INDIVIDUALS, EITHER ONLINE OR IN-PERSON, IN CONNECTION WITH THE PLATFORM. YOU RELEASE ARTREPRENEUR FROM ALL LIABILITY RELATING TO YOUR INTERACTIONS WITH OTHER USERS, ONLINE OR IN PERSON.

B. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ARTREPRENEUR NOR ITS AFFILIATES, CLIENTS, AND LICENSEES (INCLUDING THIRD-PARTY SERVICES), AND ALL OF THE FOREGOING’S RESPECTIVE PARENTS, AFFILIATED ENTITIES, AGENTS, OFFICERS, DIRECTORS, OWNERS, AND EMPLOYEES WILL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER CAUSED AND REGARDLESS OF LEGAL THEORY OR FORESEEABILITY. THIS INCLUDES WITHOUT LIMITATION CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGES, NEGLIGENCE, WARRANTY, OR STRICT LIABILITY, DIRECTLY OR INDIRECTLY ARISING UNDER THESE TERMS, INCLUDING YOUR USE OF THE PLATFORM OR THIRD-PARTY SERVICES, EVEN IF ARTREPRENEUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, IN NO EVENT SHALL ARTREPRENEUR’S AGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE) OR PENALTIES OR LOSS EXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOU PAID ARTREPRENEUR IN THE TWELVE MONTHS PRIOR TO THE DISPUTE ARISING. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

EXCEPT AS EXPRESSLY STATED ABOVE, YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOP USING THE PLATFORM.

C. No Agency Relationship

You acknowledge and agree that, as the provider of the services, Artrepreneur does not own, control, offer, or manage artist content. Artrepreneur is not a party to any transactions or agreements between users and does not act as an agent in any capacity for any user. any legal claim related to purchasing artwork must be brought directly against the applicable user and not Artrepreneur. The platform serves merely as a venue for users to connect and interact.

d. Disputes with other users and the platform’s role

As further described in other sections of these terms, Artrepreneur is not a party to the transactions between users. For transactions where Artrepreneur provides only the platform (e.g., originals store, showrooms), users are responsible for resolving any disputes directly with each other or through payment processors or credit card companies.

For artwork sold through the readymade store, and transactions facilitated by Artrepreneur’s consultancy services, Artrepreneur may be directly involved in fulfillment or payment. In such cases, disputes related to these transactions should be directed to Artrepreneur for resolution.

You acknowledge that Arttrepreneur makes no warranty about the condition, quality, or legality of artwork that you purchase directly from members. Any legal claim related to purchasing artwork not managed directly by Artrepreneur must be brought directly against the applicable user and not Artrepreneur.

by using the platform and services, you acknowledge and agree that Artrepreneur’s involvement in any dispute is limited, and you release Artrepreneur from any claims, demands, and damages arising out of or in any way connected to disputes with other users.

X. ARBITRATION AND GOVERNING LAW

A. Arbitration Agreement

You consent and agree that any dispute arising in connection with or relating in any way to these Terms or your relationship with Artrepreneur shall be exclusively resolved as provided in Artrepreneur’s Arbitration Policy, which is incorporated by reference. By using the Platform and Services, you acknowledge that disputes will be resolved by arbitration, not in court, and you waive any right to participate in a class action lawsuit or class-wide arbitration. If, for any reason, an authorized arbiter finds that applicable law precludes enforcement of the Arbitration Policy for a particular claim for relief, such claim (and only that claim) will be severed from the mandatory arbitration and may be brought in a court as set forth below.

IMPORTANT: By using Artrepreneur, you agree to this Arbitration Agreement. This means disputes will be resolved by arbitration, not in court, and you waive any right to participate in a class action lawsuit or class-wide arbitration.

B. Class Action Waiver

You hereby irrevocably waive any right you may have to a trial by jury or to bring or participate in a class or representative action, whether as a class representative, class member, or otherwise, in connection with any dispute arising out of or relating to these Terms, the Platform, or the Services. In the event you attempt to bring any class action claims, you agree to pay Artrepreneur’s attorneys’ fees and costs if such claims are dismissed or otherwise resolved in Artrepreneur’s favor.

C. Governing Law and Venue

You consent and agree that: (i) these Terms will be exclusively governed by the laws of the State of New York, United States of America, applicable to contracts entered into and performed within New York, without regard to conflict of law principles, subject only to any applicable and mandatory consumer protection provisions of your local jurisdiction; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive any jurisdictional or venue defenses otherwise available.

Except for any actions not subject to arbitration in accordance with the Arbitration Policy, all disputes subject to arbitration will be heard and resolved in New York County, New York. For any claim that is not subject to arbitration, such claim shall be litigated exclusively in the state or federal courts located in New York County, New York.

You may not pursue any action against Artrepreneur and its Affiliates in any way related to the Platform unless you bring such action within one (1) year following the event that gave rise to the cause of action (subject only to any applicable and mandatory consumer protection provisions of your local jurisdiction). After such time, such action shall be permanently barred.

XI. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Artrepreneur, along with its Affiliates and licensors, and all of the foregoing’s respective parents, affiliated entities, agents, officers, directors, owners, and employees, from and against any and all claims, expenses (including reasonable attorney’s fees), damages, suits, costs, demands, and/or judgments, arising out of or incurred in connection with: (i) your breach of these Terms; (ii) your use, whether directly or indirectly, of the Platform, including without limitation your acts or omissions in the sale or purchase of any Artwork, and any injuries or damages to personal property arising from such activities; and (iii) your violation of any law or the rights of any third party, including but not limited to intellectual property rights.

You shall provide Artrepreneur prompt and reasonable cooperation in any defense arising hereunder. Artrepreneur reserves the right to handle its legal defense however it sees fit, even if you are indemnifying Artrepreneur. In such cases, you agree to cooperate with Artrepreneur. Artrepreneur reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not settle any claim without the prior written consent of Artrepreneur.

XII. CHANGES TO TERMS AND MISCELLANEOUS PROVISIONS

A. Release

Without limiting anything herein, you release Artrepreneur from any claims, demands, and damages (actual or consequential), of every kind and nature, known and unknown, arising out of or in any way connected with: (i) disputes you may have with other users or parties you interact with in connection with the Platform; (ii) items sold through the Platform, including defective Artwork, misrepresentations by sellers, Giclée Prints, or items that caused physical injury; (iii) content posted by users of the Platform; and (iv) your use of the Platform.

If you are a resident of the State of California, you hereby acknowledge and agree that you fully understand and expressly waive and relinquish any and all rights and benefits you may have under California Civil Code Section 1542 to the fullest extent permitted by law. Such section states that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM, WOULD HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

B. Right to Modify Terms

Artrepreneur reserves the right to modify, alter, amend, or update these Terms at any time, in its sole discretion, without notice to you. Such new Terms will immediately take effect upon Artrepreneur posting them on the Platform and updating the “last updated” date. If Artrepreneur makes material changes to these Terms, Artrepreneur will use reasonable efforts to notify you in advance, for example by sending you an email or posting a message on the Platform. Your continued use of the Platform following any changes to the Terms shall be deemed your acceptance of all changes and your agreement to be bound by the most current Terms.

C. Notices and Communications

All notices permitted or required under these Terms must be in writing and delivered to Artrepreneur through its Contact Page, by email at support@artrepreneur.com, or by mail at Orangenius, Inc., DBA Artrepreneur, 511 Ave of the Americas, Suite #934, New York, NY 10011.

Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

D. Survival of Certain Clauses

All provisions of these Terms that by their nature should survive termination or expiration shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnities, and limitations of liability.

E. Entire Agreement

These Terms represent the entire understanding between Artrepreneur and you, superseding all prior agreements, whether oral or written, concerning your use of the Platform and Services. These Terms shall be binding upon and inure to the benefit of Artrepreneur and your respective assigns, successors, heirs, and legal representatives. The Terms cannot be modified or amended except as expressly provided herein. These Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Artrepreneur’s prior written consent. Artrepreneur may freely assign these Terms.

If any part of these Terms is deemed void, voidable, illegal, or unenforceable by a court of competent jurisdiction, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed, and it will be adjusted if possible to achieve the parties’ intent to the fullest extent possible.

A waiver by either party of a breach of any of the provisions of these Terms by the other party shall not be construed as a waiver of any subsequent breach. Headings are inserted for convenience only and are not intended to affect the meaning or interpretation of the Terms.

You agree that violating these Terms may cause Artrepreneur irreparable harm and that monetary damages may not be adequate. Artrepreneur may seek injunctive relief without the need to post any bond. You waive the right to seek injunctive relief against Artrepreneur, except as necessary to enjoin unauthorized use of your intellectual property.

You are responsible for all costs associated with accessing or using the Platform, as well as any system software or hardware requirements. If certain features do not function on older devices, browsers, or operating systems, please try another device or update your software before contacting support.

Artrepreneur explicitly reserves all rights not expressly contemplated herein that relate to the Platform.

Without limiting anything herein, you understand and agree that Artrepreneur is not liable for any failure of performance due to causes beyond its control, including acts of God, fire, terrorism, weather disturbances, national emergencies, riots, wars, labor difficulties, supplier failures, or requests by any government.