These Terms may be updated and/or revised from time to time without notice, and such updated Terms shall be effective when posted. It is the User’s responsibility to regularly review these Terms to stay informed of any changes or revisions, and continued use of the Website shall bind the User to such Terms. Furthermore, we reserve the right to alter or discontinue the Website, in whole or in part, at any time in our sole discretion without any liability to Users.
These Terms shall apply to all “Users” as applicable, including without limitation each registered School Coordinator (individually a “School Coordinator” and collectively, “School Coordinators”) each child artist (individually, an “Artist” and collectively, “Artists”), each parent or legal guardian of an Artist (individually, a “Parent” and collectively, “Parents”), and all friends, family members, other visitors to the Website.
The use of “we,” “us,” or “our” refers to A2R, Inc. d/b/a Art to Remember (“Art to Remember”), an Indiana corporation. Art to Remember owns and operates www.ArtToRemember.com, order.ArtToRemember.com, and certain mobile applications (collectively, the “Website”).
1. Authorized Uses. The Website is only authorized to be used as follows:
a. Except as otherwise limited by these Terms or in other communications from Art to Remember, Users may use the Website for lawful purposes.
b. Users may access, print, and download the materials posted on the Website, including both text and graphics, solely for User’s personal, private, non- commercial, and lawful use. For example, our Free Art Lesson Plans may be accessed, downloaded, and printed by School Coordinators, teachers, or others for use in classrooms or other educational settings, but may not be repurposed or sold.
2. Users’ Representations, Warranties, and Covenants. By using the Website, You represent and warrant that You will only use the Website in accordance with Section 1 above and specifically make the following representations and warranties:
a. You are 18 years of age or older or, if You are under the age of 18, You are using the Website with the permission and supervision of your Parent.
b. You are not impersonating any other person or entity on the Website and any information You provide to Art to Remember shall be true, complete, current, and accurate including, but not limited to e-mail addresses, names, addresses, payment information and any other information provided on the Website, and acknowledge that You are solely responsible for maintaining the such information as current.
c. Your use of any online login credentials or online order codes is done with permission of the person controlling such account or the rights of such artwork subject thereto.
d. You understand that Art to Remember is not liable or responsible for artwork submitted by a User that depicts the last name of the Artist or otherwise and Users are responsible for any redactions related thereto.
e. You acknowledge and agree that Art to Remember reserves the right to refuse any artwork that is submitted for display on the Website for any reason and in its sole discretion.
f. By providing your personal information to us when You set up your account or otherwise, You grant us permission to contact You at the email address associated with your account. To stop receiving certain emails, You may follow the opt-out procedures in such emails.
g. You will not copy, modify, publish, or distribute any text, graphics or other material or content from the Website without prior written permission from Art to Remember.
h. You will not upload, post, transmit, email, or otherwise distribute any material that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable. Without limiting the foregoing, You will not submit artwork that is unsuitable for viewing by children, including without limitation, artwork that is sexually explicit or that depicts nudity or violence.
i. You will not upload, post, transmit, email or otherwise distribute any material that invades another’s privacy or publicity rights, or that infringes on any party’s trademark, copyright, other intellectual property or moral rights, or any other third-party rights, and You will not take any actions in an effort to disguise the origin of any content transmitted to Art to Remember.
j. You will not use the Website or Art to Remember’s services in an effort or manner that may or will harm minors or other persons in any way. Without limiting the foregoing, each User specifically covenants and agrees that it will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.
k. You will not advertise or solicit on the pages of the Website without Art to Remember’s prior written permission.
l. You will not transmit any unsolicited or unauthorized advertising, emails, promotional materials, junk mail, spam, or any other form of solicitation or unauthorized communication to Art to Remember or to Users through the Website.
m. You will not submit artwork that depicts or contains the copyrighted materials or trademarks owned by others including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties.
n. You will not submit artwork that contains photographs or images of people, especially the Artist or any other child.
3. Third-Party Websites and Submissions. Users may obtain access to third-party websites through links on the Website. These links are provided as a convenience to the Users of our Website. Art to Remember is neither liable nor responsible for any content or information on third-party websites. Furthermore, Art to Remember does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate. Any use of these third-party sites is at the Users sole risk and shall be subject to such sites’ respective terms and conditions of use. Furthermore, some pages on the Website may provide Users with the ability to share or exchange information. Information posted on those pages does not necessarily reflect the views of Art to Remember.
4. Disclaimer of Warranty.
a. USE OF ART TO REMEMBER’S SERVICE (THE “SERVICE”) IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS”. ART TO REMEMBER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF.
b. ART TO REMEMBER MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH ART TO REMEMBER AND/OR ITS WEBSITE WILL MEET THE USER’S EXPECTATIONS, OR THAT ANY ERRORS ON THE WEBSITE OR IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ART TO REMEMBER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
5. Limitation of Liability. NEITHER ART TO REMEMBER NOR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VOLUNTEERS, AGENTS AND AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM OR RELATING DIRECTLY OR INDIRECTLY TO ART TO REMEMBER AND/OR ANY USER’S USE OF THE WEBSITE. A USER’S SOLE REMEDY SHALL BE TO TERMINATE ITS ACCOUNT OR DISCONTINUE USE OF THE WEBSITE. WITHOUT NEGATING OR LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL ART TO REMEMBER’S LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY A USER TO ART TO REMEMBER IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
6. Indemnification. By using this Website, the User agrees to indemnify, defend, and hold Art to Remember and its directors, managers, officers, employees, subsidiaries, volunteers, agents, and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to the User’s breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.
7. Governing Law and Venue; Special Provisions for International Users. Art to Remember maintains its principal place of business in the United States and controls the Website from within the United States. Users of the Website located outside of the United States acknowledge and agree that they access the Website at their own risk, and that they are solely responsible for complying with all local laws, rules, and regulations in force in the jurisdiction where they are located. These Terms shall be construed and enforced in accordance with the laws of the State of Indiana in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of Indiana having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts and hereby forever waive any defenses thereto including, but not limited to, forum non-conveniens. Specifically, and without limitation, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
8. Product Orders and Replacement Policy. Art to Remember offers Users a service to reproduce their Artist’s artwork on gift merchandise such as cell phone cases, travel mugs, t-shirts, calendars, ceramic tiles and many other keepsake products as shown on the Products Page.
Users hereby covenant and agree that when ordering merchandise that they shall not make any misrepresentations. We take the protection of our Artists very seriously and any User that makes a misrepresentation as to their identity or relationship with an Artist may be prohibited from further use of the Website and may also be subject to criminal prosecution as well as civil liability.
Each item ordered by a User is custom-produced. Once an order is submitted and confirmed online, an order may not be cancelled. If, for any reason, the User is dissatisfied with a merchandise purchase, Art to Remember will replace the item(s) free of charge, subject to the following conditions and restrictions:
- If a User receives a gift item that depicts the wrong piece of artwork based on the fault of Art to Remember, or that is broken or otherwise defective, excepting ordinary wear and tear, improper usage, or other causes not within Art to Remember’s control, we will replace the item free of charge if notified of the problem within 60 days after delivery of the merchandise to the User. To provide notification, the User must email us at email@example.com and include the following information: the User’s name and mailing address, the order number, and the reason for the requested product replacement.
- Sometimes artwork submitted to Art to Remember may not be compliant with Art to Remember’s Art Guidelines . If this occurs, the reproduction of such artwork may contain faults on merchandise. Therefore, before making an order, the User must ensure that such artwork is of adequate image quality as set forth in the Art Guidelines. We will not accept the return of any merchandise that is a faithful reproduction of the artwork image submitted.
- The User is responsible for ensuring that it properly identifies and selects its desired artwork. Art to Remember may refuse returns of merchandise if a User orders merchandise depicting wrong artwork.
- The User is also responsible for ensuring that it has selected its desired merchandise product. We may refuse returns due to an incorrect merchandise product selection.
- Orders placed during a school’s program are consolidated and shipped directly to the school address. Orders placed on an individual basis are required to pay additional shipping and handling to have products shipped directly to a desired shipping address.
9. INFRINGEMENT CLAIMS. We may remove artwork, lesson plans, or any other material from the Website at any time without notice, and Art to Remember will terminate User privileges in appropriate circumstances, including without limitation by terminating the User privileges of Users who are the subject of repeated copyright claims. If You have any reason to believe that your rights under any laws are being violated, please promptly let us know so that we can help identify any possible issues. To help us reach a quick resolution, please send us (a) a signature from the person who thinks their (or their Artist’s) rights are being violated, (b) a description of the claimed violation, (c) information that will direct us to evidence of such claimed violation, (d) contact information so that we can correspond with You on the matter, (e) a statement that such claims are being made in good faith, and (f) a statement that any information submitted is accurate and from an authorized person. Please send the above information to Art to Remember’s President at the address below.
10. Contact Information. For additional information, contact us via email at firstname.lastname@example.org or by mail at:
Art to Remember, 5535 Macy Drive, Indianapolis, IN 46235
11. School Registration. To register a school with Art to Remember, a School Coordinator must be 18 years or older and duly authorized to make such registration. Users that register acknowledge and agree that they have received all necessary permissions to take such action, including without limitation the permission of school and school district administrators.
Users that register agree that any information provided to Art to Remember will be true, accurate, current and complete. Such Users also agrees to ensure that all information provided to Art to Remember remains accurate and up to date at all times.
12. Viewing and Accessing Artwork. A Parent can view their Artist’s artwork on the Website using the unique online order code provided to such Parent. Parents will also have the ability to create galleries using their Artist’s or Artists’ artwork. Artists’ artwork may be maintained by Art to Remember for the future use by the Parent, Artist, or other approved Users, but a Parent or Artist may request that any or all of an Artist’s artwork be removed from the Website at any time. Notwithstanding the removal of a piece of art from the Website, Art to Remember reserves the right to continue to display the Artist’s artwork only in any personalized order form specific to such Artist.
13. Licensing. Parents and/or Artists retain ownership of an Artist’s artwork. By registering as a Parent of an Artist, the Parent, on behalf of both the Parent and the Artist, grants Art to Remember the royalty-free, right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange the Artist’s artwork solely in connection with:
- providing and promoting the Website and/or Art to Remember’s services through the distribution of personalized order forms or otherwise; and
- producing custom merchandise depicting the artwork
14. Ordering Merchandise. Art to Remember only provides online order codes to School Coordinators and Parents. School Coordinators and Parents are responsible for keeping online order codes private and may choose, in their sole discretion and at their sole risk, to share them those persons whom they authorize to view and purchase their Artist’s artwork. If a School Coordinator or Parent believes their online order code has been improperly accessed or disclosed, it may inform Art to Remember and request a new code and Art to Remember shall use its best efforts to meet such request. If we haven’t received any such notice, we presume that the Parent has granted such Users permission to order merchandise depicting their Artist’s artwork.
16. Survival of Terms. Any provisions or obligations contained in the Terms which by their nature or effect are required or intended to be observed, kept or performed after termination of the Terms shall survive the termination of the Terms and remain binding upon and for the benefit of the parties, their successors and permitted assignees.
17. Severability. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall remain in full force
Last Updated May 30, 2014