Terms + Conditions

Last updated: January 22, 2021

Please read these terms and conditions carefully before using this Site.

Acknowledgment

These are the Terms and Conditions governing the use of this Site and the agreement that operates between you, (the “User”), and the https://artucreate.com website, (the “Site”). These Terms and Conditions apply to all visitors, Users and others who access or use the Site.

By accessing or using the Site, you, the User, agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, please discontinue using the Site.

In addition, You represent that you are over the age of 18.

Your access to and use of the Site is also conditioned on acceptance of and compliance with the Privacy Policy of artUcreate. The Privacy Policy describes the policies and procedures on the collection, use and disclosure of Users’ personal information while using the Site and tells Users about privacy rights and how the law protects you. Please read the Privacy Policy carefully before using the Site.

Intellectual Property

The Site and its original content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of artUcreate and its licensors.

The Site is protected by copyright, trademark, and other laws of both the United States and foreign countries.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of artUcreate.

Links to Other Websites

This Site may contain links to third-party web sites or services that are not owned or controlled by artUcreate.

artUcreate has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the artUcreate shall not be responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise that Users read the terms and conditions and privacy policies of any third-party web sites or services that they visit.

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall artUcreate or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Site, third-party software and/or third-party hardware used with the Site, or otherwise in connection with any provision of this Terms), even if artUcreate or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

“AS IS” and “AS AVAILABLE” Disclaimer

The Site is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, artUcreate, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Site, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, artUcreate provides no warranty or undertaking, and makes no representation of any kind
that the Site will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither artUcreate nor any of the company’s providers makes any representation or warranty of any kind, express or implied:
(i) as to the operation or availability of the Site, or the information, content, and materials or products included thereon;

(ii) that the Site will be uninterrupted or error-free;

(iii) as to the accuracy, reliability, or currency of any information or content provided through the Site; or

(iv) that the Site, its servers, the content, or e-mails sent from or on behalf of artUcreate are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the United States, excluding its conflicts of law rules, shall govern this Terms and the Users use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Site, You agree to first try to resolve the dispute informally by contacting us.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any
subsequent breach.

Translation Interpretation

In the event that these Terms and Conditions may have been translated, You, the User, agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

artUcreate reserves the right, at Our sole discretion, to modify or replace these Terms
at any time.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please discontine using the Site.

Contact Us

If you have any questions about these Terms and Conditions, You can contact
us:

  • By email: hello@artucreate.com