Terms of service

 

Please read these terms and conditions carefully. By using artgurl.org you agree to these terms.

Use of the Site

These Terms of Use form an agreement between the user of this website and argurl.org. Access to this website including, without limitation, the Website Content is provided for your information and personal, non-commercial use only. When using the Website, you agree to comply with all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit Website Content for any purpose whatsoever without obtaining prior written consent from use or, in the case of third-party consent, its respective owner. In certain instances, we may permit you to purchase, download, or print (as applicable) one copy of Website Content for your personal, non-commercial use only. You acknowledge that you do not acquire any ownership rights by downloading or printing Website Content.

Lawful Purposes

You may use this Site for lawful purposes only, and you agree to be financially responsible for all purchases made by you or someone acting on your behalf through the site. You agree to only use the site for legitimate purposes. You are not permitted to remove, alter, distort, or cover any copyright, trademark, or other proprietary intellectual property on the Website or Website Content, or infringe on the intellectual property rights of others. You are not permitted to disable or interfere with security-related features on the Website, or collect any personally identifiable information from the Website, or interfere with the proper working of the Website, or engage in any conduct that restricts or inhibits any other user from using or enjoying the site, or encourage conduct that violates any local, state, or federal law.

Links to Other Sites

artgurl.org may contain links to third-party sites that are not owned or controlled by art gurl. The Company assumes no responsibility for the content, policies, or practices or any third party sites.

Refunds

By making a purchase through artgurl.org, you agree to pay for the goods listed and understand that no refund, replacement, return, or compensation can be claimed for the goods once the order has been placed. Tickets to events run by art gurl and products purchased online are nonrefundable. Event tickets may be transferred to another event of equal or lesser value if request is made more than 72 hours before the event.

Modification of Terms

art gurl reserves the right to change these terms from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.

Notification of Changes

If there are any changes to these Terms of Use, we will update the bottom of the page with the date last modified. It is your responsibility to review these terms often, as they are subject to change.

Disclaimer

The information on this web site is provided on an “as is” basis and on an “as available” basis without warranty of any kind, either express or implied. To the fullest extent permitted by law, art gurl excludes all representations and warranties relating to this website and its contents, including in relation to any inaccuracies or omissions in this website.

Limitation on Liability

To the fullest extent permitted by law, art gurl excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct losses, losses of business profits, damage to data or software, and any other direct or indirect, consequential and incidental damages. Your exclusive remedy for all the foregoing shall be limited to the amount actually paid by You to Us or $100 USD if You haven’t purchased anything through Us.

Indemnification

You agree to indemnify and hold harmless art gurl and its employees, agents, affiliates, subsidiaries, and their related companies from and against any and all claims, liabilities, damages arising out of your use of artgurl.org

Intellectual Property

artgurl.org and Website Content, including any derivative works, including but not limited to, all text, illustration, files, images, graphics, videos, photographs, information, content, materials, products, services, URL’s documentation, and interactive features (collectively, “Website Content”) and all intellectual property rights are owned by art gurl, doing business on artgurl.org. Additionally, all trademarks, services marks, trade names, and trade dress that may appear on artgurl.org are owned by Us. Except for the limited use rights granted to you in these Terms of Use, you shall not acquire any right, title, or interest in artgurl.org or any Website Content. Any rights not expressly granted in these Terms of Use are expressly reserved.

Assignment

These Terms of Use are not assignable, delegable, or transferable by you. Any such assignment by you is invalid.

Severability

If any term, provision, covenant, or condition of these Terms of Use are held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

Governing Law

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of New York. Both Parties agree to submit to the jurisdiction of and venue in the State of New York. Should any claim or controversy arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of New York.

Dispute Resolution

In the event of a dispute regarding your use of this website or arising under this Agreement, the Parties agree that after receipt of notice of such dispute, the Parties shall in good faith discuss the dispute and seek a resolution. If the matter has not been resolved within 30 business days after commencement of such good faith discussions, either Party may assert its rights to the fullest extent permitted under law.

Entire Agreement

These Terms of Use serve as the entire agreement between you and art gurl.

Waiver

No waiver of any provision of these Terms of Use by art gurl shall be deemed, or shall constitute, a waiver of any other provision, nor shall the failure of art gurl to enforce the provisions of these Terms of Use be construed as a present or future waiver of any of the provisions of these Terms of Use, nor in any way affect the validity of either art gurl right to enforce each and every such provision at any and all times thereafter.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms of Use are included for convenience and shall not affect the construction or interpretation of any of its provisions.

Notices

All notices, requests, demands and other communication under these Terms of Use shall be in writing and delivered to:

heygurl@artgurl.org

 

MEMBERSHIP TERMS AND CONDITIONS

Welcome to the art gurl membership program: a subscription-based membership for people to showcase their work, connect with community, and post reflections on our online up. By signing up for our membership, you agree to the following terms and conditions:

**1. Membership Subscription:**

- You must be at least 18 years old or have parental consent to subscribe to art gurl LLC.

- Membership is obtained through a recurring subscription fee charged at the agreed-upon rate.

- Your subscription will automatically renew at the end of each billing cycle unless canceled by you.

-members agree to a three month commitment when signing up.

- art gurl LLC reserves the right to change the subscription offering, including features, benefits, or pricing, with prior notice.

-art gurl LLC reserves the right to modify subscription fees with prior notice.

 

**2. Use of the Platform:**

- Members are granted access to the art gurl online portal run by Rex Engine to upload, showcase, and discuss their original artwork.

- You are responsible for the content you upload and must ensure it does not violate any copyright, privacy, or any other applicable laws.

- art gurl LLC does not claim ownership of any artwork uploaded by members. You retain all rights to your work.

**3. Modifications to Services:**

- art gurl LLC reserves the right to modify, suspend, or terminate any part of the membership service, including features, functionalities, or the app and online portal itself, at any time without prior notice.

- Members will be notified of substantial changes to the service when feasible.

**4. Use of Uploaded Artwork:**

- art gurl LLC may, at its discretion, use the uploaded artwork for promotional purposes on social media or other marketing channels without explicitly seeking permission from the artist.

- art gurl LLC will make reasonable efforts to credit the artist when using their work for promotional purposes but is not obligated to do so.

- Users understand and agree that they will not be compensated for any feedback provided or work uploaded to the platform, whether used for promotional purposes or not. Compensation is solely at the discretion of art gurl LLC.

Please ensure this aligns with your intended policies and legal advice is sought for the specifics of your business operations.

**5. Privacy and Data:**

- Your privacy is important to us. art gurl LLC will handle your personal information in accordance with our Privacy Policy, available on our website.

- By using our services, you consent to the collection, storage, and processing of your data as described in our Privacy Policy.

**6. Termination of Membership:**

- art gurl LLC reserves the right to terminate or suspend a member's account at its discretion, especially in cases of violating these terms or engaging in misconduct within the community.

**7. Limitation of Liability:**

• art gurll LLC shall not be held liable for any direct, indirect, incidental, or consequential damages arising from the use or inability to use our services.

 

**8. Governing Law:**

• These terms and conditions shall be governed by and construed in accordance with the laws of New York State.

By subscribing to art gurl LLC's membership at any level, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with any part of these terms, please refrain from using our services.

For any questions or concerns regarding these terms, please contact us at heygurl@artgurl.org

art gurl LLC reserves the right to update or modify these terms and conditions at any time. Members will be notified of significant changes via email or through online hub.

LAST UPDATED: June 13, 2024