Terms of Service
Last updated: April, 2020
THESE TERMS CONTAIN A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. USE OF SERVICE
A. Eligibility.You may use the Service only if you can form a binding contract with Artifact Uprising, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by Artifact Uprising.
B. Artifact Uprising Service.Subject to these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. Artifact Uprising reserves all rights not expressly granted herein in the Service and the Artifact Uprising Content (as defined below). Artifact Uprising may terminate this license at any time for any reason or no reason.
D.Service Rules.You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Artifact Uprising servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any Personal information, including account names, from the Service; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
We reserve the right, but have no obligation, to monitor disputes between you and other Users. Artifact Uprising shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. USER CONTENT
Some areas of the Service allow Users to post content such as materials, text, photos, videos, profile information, comments, questions, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). You retain ownership of your User Content.
You agree not to post, or incorporate into any products you create on the Website and/or using the Service (including all Custom Designed Products, a “Product” or the “Products”), User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children in any way including by exposing them to inappropriate content, asking for Personal Information or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, plagiarized, threatening, profane, or otherwise objectionable, including sexually explicit images; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets or a breach of any confidentiality obligation you may have); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. To the extent that your User Content contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Content and have the power to grant the license granted below. Artifact Uprising reserves the right, but is not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization.
For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
A. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name, likeness, or other Personal Information in the manner contemplated by the Service and these Terms, and each such person has released you from any liability that may arise in relation to such use.
B. Your User Content and Artifact Uprising’s use thereof as contemplated by these Terms and the Service will not violate any law or regulation or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
C. Artifact Uprising may exercise the rights to your User Content granted under these Terms without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
D. Your User Content and Artifact Uprising’s use thereof as permitted by these Terms and the Service will not slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person.
Artifact Uprising takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Artifact Uprising shall not be liable for any damages you allege to incur as a result of User Content.
Artifact Uprising reserves the right to refuse to print any Product that contains User Content that it determines, in its sole discretion, is in violation of these Terms, and you agree to indemnify and hold Artifact Uprising harmless for any claims, losses, liabilities and expenses arising out of or relating to any breach of such section. Artifact Uprising will fully co-operate with any law enforcement authorities or court order requesting or directing the Artifact Uprising to disclose the identity and/or location of anyone posting any material in breach of these Terms.
3. USER CONTENT LICENSE GRANT
User Content. In order for Artifact Uprising to provide you with your ordered Products and to provide the Service, we need certain rights to do so. As such, by posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Artifact Uprising, solely for providing or improving the Service (for example, so we can have your images formatted and printed, or so we can provide you with support) a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Public User Content. If you publicly share your User Content on the Service, including providing any comments, feedback, reviews, and/or suggestions for improvements to the Services and Products (collectively, “Public User Content”) you hereby grant Artifact Uprising, and each User of the Service a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all Intellectual Property Rights that you own or control to use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, directly or through third parties, create derivative works based upon, and otherwise use and exploit the Public User Content for any purpose in any media formats.
SNS User Content. You may also generate Public User Content by explicitly referring to Artifact Uprising, the Products, or the Services using a third-party website or platform, including but not limited to social networking services, including posting reviews of the Products and/or Artifact Uprising (“SNS User Content”). You hereby grant to Artifact Uprising a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, directly or through third parties, create derivative works based upon, and otherwise use and exploit your SNS User Content for any purpose in any media formats, subject to the terms and conditions of the third party website or platform to which the SNS User Content was submitted.
4. CUSTOM DESIGN SERVICES
You may engage with one of our designers to create a custom design for a specific product (each, a “Custom Designed Product”) (collectively, the “Custom Design Services”). By using the Custom Design Services, you agree you are solely responsible (pursuant to Section 2 (User Content) of these Terms) for the images you submit to us for the Custom Designed Product. You grant us a fully paid, worldwide, non-exclusive right and license to use your owned or licensed copyrights, logos, insignia, trademarks, and other artistic designs contained in the images submitted to us for the purpose of providing the Custom Design Services and the Custom Designed Product. Artifact Uprising may use third-party software to assist with the collection and curation of your images and reserves the right to keep your images and any revisions and/or the final version of your Custom Designed Product as a record of work completed.
As a user of Artifact Uprising’s Custom Design Services program, you agree to the following program policies:
A. Custom Design Fee Deposit.Artifact Uprising will refund design fees paid in advance if, and only if, no design work has started. Once an Artifact Uprising employee, contractor or sub-contractor view any customers images and/or image gallery, work is defined as having started and any corresponding design fees are non-refundable.
B. Custom Designed Product Deposits and Fees.Any fees or deposits collected by Artifact Uprising related to sales of any Custom Designed Product are non-refundable. If a Custom Design Services customer chooses to abandon their Custom Design Service project after Artifact Uprising has collected product payment, these fees will be converted to an Artifact Uprising gift card governed by these Terms.
C. Revisions Policy.Two rounds of revisions are included in any Customer Design Services pricing. Each additional round of revisions will incur an additional $50 revision fee, to be paid in full by the Custom Design Services customer before final delivery of the Custom Designed Product.
D. Pricing.Final pricing for your Custom Designed Product will be determined based on final product dimensions, including but not limited to page count, size and cover and paper options, as discussed and agreed to with your Artifact Uprising designer. By enrolling in the Custom Design Services program, you agree to purchase the Custom Designed Product (less any deposit fees) within two weeks of completion of the Custom Designed Product. Custom Designed Products are excluded from any on-site offers and promotions.
E.Custom Designed Product Errors and Replacements.Upon receipt of your final Custom Designed Product, you are responsible for the final checkout and review of the Custom Designed Product within the Artifact Uprising online shopping cart. It is your responsibility to perform a final proof of your Custom Designed Product for any spelling, date, alignment, or other related issues before the Custom Designed Product order is completed and sent for printing. Custom Designed Products will only be considered for replacement if there are printer-generated physical defects in the final, delivered Custom Designed Product. For avoidance of doubt, Artifact Uprising’s sole liability for a Custom Designed Product is replacement of a Custom Designed Product in the event of a printer-generated physical defect in the final, delivered Custom Designed Product.
F. Additional Custom Designed Products.Artifact Uprising will design ancillary products resulting from the original Custom Designed Products for an additional $50 design fee (which does not include any printing, delivery, tax, or other fees due when the ancillary product is ordered).
G. Changes to Custom Design Services.Pricing and level of services included in the Custom Design Services is at the sole discretion of the Artifact Uprising team and is subject to change at any time. Changes to the Custom Design Services program will be updated in these Terms. You agree to be bound by the version of the Custom Design Services policies in place on the date on which your Custom Design Services began.
H. Promotions.Artifact Uprising may offer Custom Design Services promotions, including free or reduced rate Custom Design Services fees. Services provided during these promotions are at the sole discretion of the Artifact Uprising team and at no point can any free or discounted Custom Design Service rates be applied to other Artifact Uprising products or services. By enrolling in a free or reduced rate Custom Design Services program, you are subject to these Terms.
5. MOBILE SOFTWARE
A. Mobile Software. We make available software to access the Service via a mobile device (“AU Mobile”). To use AU Mobile you must have a mobile device that is compatible with the Mobile Service. Artifact Uprising does not warrant that AU Mobile will be compatible with your mobile device. Artifact Uprising hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of AU Mobile for one Artifact Uprising account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer AU Mobile, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer AU Mobile to any third party or use AU Mobile to provide time sharing or similar services for any third party; (iii) make any copies of AU Mobile; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of AU Mobile, features that prevent or restrict use or copying of any content accessible through AU Mobile, or features that enforce limitations on use of AU Mobile; or (v) delete the copyright and other proprietary rights notices on AU Mobile. You acknowledge that Artifact Uprising may from time to time issue upgraded versions of AU Mobile, and may automatically electronically upgrade the version of AU Mobile that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. Any third-party code that may be incorporated in AU Mobile is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of AU Mobile or any copy thereof, and Artifact Uprising or its third-party partners or suppliers retain all right, title, and interest in AU Mobile (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void. Artifact Uprising reserves all rights not expressly granted under these Terms. If AU Mobile is being acquired on behalf of the United States Government, then the following provision applies: AU Mobile will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. AU Mobile originates in the United States, and is subject to United States export laws and regulations. AU Mobile may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, AU Mobile may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of AU Mobile and the Artifact Uprising Service.
B.Mobile Software from iTunesThe following applies to any mobile software you acquire from the iTunes Store, including AU Mobile (“iTunes-Sourced Software”): You acknowledge and agree that these Terms are solely between you and Artifact Uprising, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Artifact Uprising as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Artifact Uprising as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, Artifact Uprising, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Artifact Uprising acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as relates to your license of the iTunes-Sourced Software, 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 as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
6. MOBILE MARKETING TERMS AND CONDITIONS
7. OUR PROPRIETARY RIGHTS
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Artifact Uprising Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Artifact Uprising and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Artifact Uprising Content. Use of the Artifact Uprising Content for any purpose not expressly permitted by these Terms is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our Products (each, an “Idea”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Artifact Uprising under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Artifact Uprising does not waive any rights to use similar or related ideas previously known to Artifact Uprising, or developed by its employees, or obtained from sources other than you.
10. DMCA NOTICE
Since we respect artist and content owner rights, it is Artifact Uprising’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Artifact Uprising’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: (a) an electronic or physical signature of a person authorized to act on behalf of the copyright owner; (b) identification of the copyrighted work that you claim has been infringed; (c) identification of the material that is claimed to be infringing and where it is located on the Service; (d) information reasonably sufficient to permit Artifact Uprising to contact you, such as your address, telephone number, and, e-mail address; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and (f) a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent at the following address: Attn: DMCA Notice, Artifact Uprising LLC, 4065 Pecos Street, Suite 250, Denver, Colorado 80211 email: copyright@ArtifactUprising.com.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Artifact Uprising and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Artifact Uprising’s rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Artifact Uprising has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Artifact Uprising may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. THIRD-PARTY LINKS & SOFTWARE
You agree to defend, indemnify and hold harmless Artifact Uprising and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (a) your use of and access to the Service, including any data or content transmitted or received by you; (b) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (f) negligent or willful misconduct; and/or (g) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. GIFT CARDS
These following addition terms apply specifically to the purchase and use of Artifact Uprising gift cards (“Gift Cards”):
(a)Purchasing and Using Gift Cards.Artifact Uprising offers Gift Cards (directly, and through certain third-party vendors) that can be purchased and redeemed through the Website. Purchasing or using Gift Cards establishes acceptance of these Terms. You may not purchase or redeem a Gift Card without having access to the Internet and creating an Artifact Uprising account. Gift Cards may be purchased in electronic or physical formats. Both formats provide a gift code containing a redeemable monetary value, credited to an order when entered during the checkout process.
(b)Gift Card Balances.The holder of the Gift Card can review the Gift Card’s balance by entering the respective Gift Card code into the designated inquiry location on the Artifact Uprising website, or by contacting our help center (www.artifactuprising.com/help).
(c)Limitations.Gift Cards may be redeemed through the Artifact Uprising website only. Gift Cards may not be used toward previous purchases. Every permitted purchase made with a Gift Card, plus applicable costs, such as shipping and handling and taxes, is deducted from the Gift Card balance. Gift Card balances will be applied against the total amount of the order placed. Any unused Gift Card balance will remain on the Gift Card. If any purchase exceeds the Gift Card balance, the excess amount must be paid with another payment method accepted on the Website. Gift cards balances cannot be used to purchase other gift cards or certain other items as specified on the Website. Gift Cards are valid only for residents of the United States.
(d)No Expiration Date or Fees.Gift Cards have no expiration date and Artifact Uprising does not charge any fees for Gift Cards.
(e)Restrictions.Gift Cards cannot be reloaded or recharged, and balances on multiple Gift Cards cannot be combined into a combined balance on one or more new Gift Cards. Gift Cards cannot be used to purchase other gift cards. Except as required by law, Gift Cards may not be transferred, resold or redeemed for cash or checks, and Gift Card balances cannot be transferred to credit card accounts or accounts of other means of payment. Unused Gift Card balances in an Artifact Uprising account may not be transferred to another Artifact Uprising account or split among multiple accounts. If applicable law requires us to redeem Gift Cards for monetary value Artifact Uprising reserves the right to pay by any means we choose (e.g., cash, check).
(f)Fraud.If we believe that a Gift Card is used, redeemed or obtained fraudulently, Artifact Uprising reserves the right to reject the redemption or use of the Gift Card, bill alternative forms of payment, terminate the applicable account, and/or take available legal actions.
(g)Risk of Loss.The risk of loss and title for Gift Cards pass to the purchaser upon purchase. You can report misplaced Gift Cards by contacting our help center (www.artifactuprising.com/help), but we are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.
(h)Limitation of Liability.WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSES. IN THE EVENT A GIFT CARD DOES NOT FUNCTION PROPERLY, THE SOLE REMEDY, AND OUR SOLE LIABILITY, WILL BE THE REPLACEMENT OF THE GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
(i)Applicable Law.Gift Cards are issued by Artifact Uprising LLC, a Colorado limited liability company. When you purchase, receive or redeem a Gift Card, you agree that the laws of the State of Colorado, without regard to conflict of laws principles, apply to and govern our Gift Card terms and conditions. We reserve the right to change any of the terms and conditions applicable to Gift Cards at our discretion at any time, subject to applicable laws.
A.Limited Warranty and Returns.Artifact Uprising offers a limited warranty on our Products. Our Products are guaranteed to be free of material defects. In the event that your Product is not free of material defects, Artifact Uprising will replace such Product at no cost to you. To be eligible for a replacement Product, you must contact our customer service team to notify them of the alleged material defect within fourteen (14) days of receipt of your Product. Artifact Uprising reserves the right to request the return of the defective Product to verify that such Product is defective and eligible for a return under this limited warranty. There is no redeemable cash value for returned Products. Due to the custom and personalized nature of our Products, Artifact Uprising cannot make returns for User-driven mistakes or creative choices. It is important that the Users carefully proof the content and order details of their Products for the following: (a) poor image quality including low resolution images that may be insufficient for print; (b) text errors including mistakes in spelling, grammar, font choice or other text errors or omissions; (c) Product selection mistakes including Product type, size, style, color and design layout; and (d) accidental omissions including blank pages or empty photo boxes. Users should also note that image colors vary from computer monitor to computer monitor. Artifact Uprising relies on its professionally calibrated printing services and therefore cannot be responsible for color variations that might result from computer screen differences.
B.Specifications and Pricing.All features, content, specifications and prices of Products and services described or depicted on through the Service, are subject to change at any time without notice. Artifact Uprising makes all reasonable efforts to accurately display the attributes of our Products, however we cannot guarantee that your computer or the Service will accurately display the details of our Products. The inclusion of any Products or service through the Service at a particular time does not imply or warrant that these Products or services will be available at any time. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any Products purchased through the Service. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
C.Cancellations.Artifact Uprising reserves the right to cancel any order that it deems, in its sole discretion, includes objectionable content or that may violate any of the terms of these Terms, without any liability to you or any third party. In the event of such cancellation, you will be refunded for any amount actually received by Artifact Uprising for the cancelled order, less any applicable fees.
D. Risk of Loss.All Products purchased from or via the Service are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Artifact Uprising. Title to Products purchased on the Service, as well as the risk of loss for such Products, passes to you when Artifact Uprising or our supplier delivers these items to the carrier.
E.Payment Information; Taxes.All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. Certain of the Services may allow or require you to save a payment method to be used for future purchases. By signing up for these Services and providing payment details in connection therewith, you consent to Artifact Uprising storing this payment method and charging such account for future purchases that you approve. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions. You can edit or remove your saved payment methods at any time from your Artifact Uprising account settings.
F.Account Credit.For promotional or other purposes, Artifact Uprising may from time to time add credit to your account (“Account Credit”), and the redemption of such Account Credit is governed by these Terms, including the following:
(i) Account Credit may be redeemed through the Artifact Uprising website only. Account Credit may not be used toward previous purchases. Every permitted purchase made with Account Credit, plus applicable costs, such as shipping and handling and taxes, is deducted from your Account Credit balance. Account Credit will be applied against the total amount of the order placed. Any unused Account Credit will remain in your account, subject to the remainder of these terms. If any purchase exceeds the Account Credit balance, the excess amount must be paid with another payment method accepted on the Artifact Uprising website. Account Credit balances cannot be used to purchase Gift Cards or certain other items as specified on the Artifact Uprising website.
(ii) Account Credit may not be purchased and has no cash value. Account Credit may not be transferred, resold or redeemed for cash or checks, and cannot be transferred to credit card accounts or accounts of other means of payment. Account Credit in an Artifact Uprising account may not be transferred to another Artifact Uprising account or split among multiple accounts.
(iii) Unless another expiration date is provided, Account Credit will expire one year from the date of issuance. Upon expiration, Account Credit will no longer be available and will not be refunded.
(iv) Artifact Uprising reserves the right to terminate Account Credit, impose or modify expiration dates, and modify conditions for Account Credit, in our sole discretion.
15. WARRANTY DISCLAIMER
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN, THE SERVICE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ARTIFACT UPRISING, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. ARTIFACT UPRISING DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ARTIFACT UPRISING SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ARTIFACT UPRISING WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTIFACT UPRISING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE OR PRODUCTS. UNDER NO CIRCUMSTANCES WILL ARTIFACT UPRISING BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTIFACT UPRISING ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR THE PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL ARTIFACT UPRISING, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ARTIFACT UPRISING HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARTIFACT UPRISING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. THIS LIMITATION OF LIABILITY DOES NOT APPLY TO GIFT CARDS; THE LIMITATION OF LIABILITY FOR GIFT CARDS IS SET FORTH IN SECTION 12(h). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THESE TERMS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. The Service is controlled and operated from facilities in the United States. Artifact Uprising makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
17. GOVERNING LAW AND ARBITATION.
A.Governing Law.You agree that: (i) the Service shall be deemed solely based in Colorado; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Artifact Uprising, either specific or general, in jurisdictions other than the State of Colorado. These Terms shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the City and County Denver, Colorado for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
B.Arbitration.READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ARTIFACT UPRISING. In the unlikely event that Artifact Uprising has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Artifact Uprising claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Denver County, Colorado, unless you and Artifact Uprising agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Artifact Uprising from seeking injunctive or other equitable relief from the courts as necessary to protect any of Artifact Uprising’s proprietary interests./p>
ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND ARTIFACT UPRISING ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
A. Assignment.These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Artifact Uprising without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
C. Changes to the Terms.We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, and use of, the Website and/or the Services thereafter. However, any changes to the arbitration, class action, and/or waiver of jury trial provisions set forth in Section 16(B) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.
Your continued use of the Website and/or the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. When we change the Terms in a material manner, we will update the ‘last modified’ date at the top of this page.
D. Entire Agreement / Severability.These Terms, together with any amendments and any additional agreements you may enter into with Artifact Uprising in connection with the Service, shall constitute the entire agreement between you and Artifact Uprising concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal class action and waiver of jury trial set forth in Section 16(B), the entire arbitration agreement shall be unenforceable.
E. No Waiver.No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Artifact Uprising’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
F. Government Use Rights.If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms and is prohibited except to the extent expressly permitted by these Terms.
G. Contact.Please contact us at firstname.lastname@example.org or by mail at Artifact Uprising LLC, 4045 Pecos Street, Suite 250, Denver, Colorado 80211 with any questions regarding these Terms.