Terms of Service

Last updated: February 2017

Hello and welcome to YourArtOnline.us’s Terms of Service

By using or accessing the Services, you’re agreeing to these Terms. If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization, and represent and warrant that you can do so. If you don’t agree to all the terms in this Agreement, you may not use or access the Services.

While we’re not your lawyers, we do want to say: Please read this Agreement carefully! It includes important information about your legal rights, and covers areas such as, limitations of liability, resolution of disputes by arbitration and a class action waiver.

We’ve tried to make this Agreement fair and straightforward, but feel free to contact us if you have any questions or suggestions.

Creating an Account

Make sure your account information is accurate, and you keep your account safe. You’re responsible for your account and any activity on it. Also, you need to be at least 18 years old to use our website design services.

Signing Up. To use the Services, you must first create an account (“Account”). You agree to provide us with accurate, complete and updated information for your Account. We may need to use this information to contact you.

Staying Safe. Please safeguard your Account and make sure others don’t have access to your Account or password. You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or password. You’re solely responsible for any activity on your Account. We’re not liable for any acts or omissions by you in connection with your Account.

Your Content

When you upload content to YourArtOnline.us, you still own it. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. We also may promote or feature your site, but you can opt out if you don’t want us to do that.

Your User Content Stays Yours. Users of the Services may provide us with content, including without limitation text, photos, images, audio, video, code and any other materials (“User Content”). Your User Content stays yours. These Terms don’t give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

Featuring Your Site. We may use in perpetuity, worldwide and free of charge, any version of Your Sites (as defined below), or any portion thereof, for the limited purpose of YourArtOnline.us marketing and promotional activities. For example, we may feature Your Sites on our Templates page, or on our social media accounts. This can result in improved traffic to Your Sites. You waive any claims against us relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have in or to Your Sites, and any right of inspection or approval of any such use of Your Sites. If you don’t want Your Sites featured, you can opt out at anytime via the Services or by contacting me.

Your Responsibilities

You’re responsible for the content you publish on your website, and you vouch to us that it’s all okay to use. We also ask that you follow our rules, and don’t do anything illegal on here. And keep in mind that some of what you upload can be viewed publicly, so share responsibly. Finally, while you can do amazing things on your website, remember that we can’t give you legal advice.

Only Use Content You’re Allowed to Use. You represent that you own all rights to your User Content or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services. If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights. Content on the Services may be protected by others’ intellectual property or other rights, so please don’t copy, upload, download or share content unless you have the right to do so.

Follow Our Rules. You’re responsible for your conduct and User Content, and you must comply with our Acceptable Use Policy. We may review your conduct and User Content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We’re not responsible for User Content.

Follow The Law. You represent that your use of the Services is not contrary to law, including without limitation applicable US export controls, regulations and sanctions.

Share Responsibly. The Services let you share User Content with others, including without limitation on social media and the open web, so please think carefully about what you share. We’re not responsible for what you share.

Your Sites And Your End Users Are Your Responsibility. You may use the Services to create or publish sites, online stores and other products or services (“Your Sites”), and Your Sites may have their own visitors and users (“End Users”). You understand and agree that Your Sites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to Your Sites and your End Users, including without limitation the posting of your own privacy policy. We’re not liable for, and won’t provide you with any legal advice regarding, Your Sites or your End Users.

Third Party Services and Sites, User Content and YourArtOnline.us

If you use another service on your website, or follow a link to another site, or work with someone you find what happens is between you and them. We’re not responsible for it. There will also be a lot of content uploaded by you or another service after your site is built by YourArtOnline.us. We’re not responsible for that either.

Third Party Services. We don’t control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.

Third Party Sites. Your site may contain links to third party sites. When you access third party sites, you do so at your own risk. We don’t control and aren’t liable for those sites.

User Content (your stuff). We haven’t reviewed and can’t review all of the User Content made available to construct your website. Your website may contain User Content: (a) that is offensive or objectionable; (b) that contains errors; (c) that violates intellectual property, privacy, publicity or other rights of third parties; (d) that is harmful to your computer or network; or (e) the downloading, copying or use of which is subject to additional terms and policies. By operating your website, we don’t represent or imply that we endorse User Content provided therein, or that we believe such User Content to be accurate, useful or non-harmful. We’re not a publisher of, and we’re not liable for, any User Content uploaded, posted, published or otherwise made available via your website. You’re responsible for taking precautions to protect yourself, and your computer or network, from User Content accessed via your website.

YourArtOnline.us. YourArtOnline.us does not employ, is not affiliated with and does not endorse any third party services, links, or connections within your website.

Our Intellectual Property

YourArtOnline.us is protected by various intellectual property laws. This section summarizes what we own and how we share.

YourArtOnline.uss is a sole proprietor. Your website is protected by copyright, trademark and other US and foreign laws. These Terms don’t grant you any right, title or interest in your website, our trademarks, logos or other brand features or intellectual property, or others’ content in your website. You agree not to change, translate or otherwise create derivative works of your website.

We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after your website is completed.

Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.

We Use Open Source Software. Open source software, such as WordPress, is important to us. Some of the software used in your website may be offered under an open source license that we may make available to you. There may be provisions in the open source license that override some of these Terms.

Our Rights

To operate effectively and protect the security and integrity of your website, we need to maintain control over what happens on our side.

Important Things We Can Do. We reserve these rights, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change your website and their functionality; (b) we may restrict access to or use of parts or all of your website; (c) we may suspend or discontinue parts or all of your website; (d) we may terminate, suspend or restrict your access to or use of parts or all of your website; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use your website (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use your website in that jurisdiction).

How We Handle Ownership Disputes. Sometimes, ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.

HTTPS Encryption. We may offer HTTPS encryption for your sites. By registering a custom domain via your website, or pointing a custom domain to your website, you authorize us to create and maintain a certificate for the limited purpose of providing HTTPS for your sites.

Privacy

Our Privacy Policy explains how we handle your and your site visitors’ information. Be sure to read it carefully, as it’s part of our agreement.

Our Privacy Policy explains how we collect, use and share your and your End Users’ information. By using your website, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

Copyright

We comply with copyright law, and respond to complaints about copyright infringement in accordance with our Copyright Policy.

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via the process described in our Copyright Policy, which is incorporated by reference into this Agreement. We reserve the right to delete or disable content alleged to be infringing, and to terminate Accounts of repeat infringers without any refunds.

Paid Services and Fees

Certain design services are paid services from YourArtOnline.us. This section explains how we handle payments for those services. For certain paid services, such as domain registrations and hosting subscriptions. Since YourArtOnline.us are built to be one-time payments, there will never be a subscription fee from YourArtOnline.us.