1706 North Park Drive #3
Wilmington DE 19806
This web page represents a legal document and is the Terms and Conditions for our Website. By using our Website, you agree to fully comply with and be bound by the following Terms and Conditions each time you use our Website.
Minors (children under 18 years old) are allowed to use our website and services solely through an account which is setup, managed, and supervised by a parent or legal guardian. As the parent or legal guardian of your child, you agree you are of legal age to enter into a contract. You also agree to be the legal account holder and bound by these terms and conditions and responsible for all account activity of your child. Parents or legal guardians are responsible to review all content submitted by minors to our website, including images and videos.
Use of any term such as, “We”, “Our”, “Us” etc., in this “Terms and Conditions” will be deemed to be representation of “PIQART” owned and operated by “PIQART”.
Also any use of “You”, “Your”, “their”, “them”, “etc. is deemed to be representation of the “Artist” and Buyer.
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice accessible by clicking this link. If you do not accept and agree to be bound by all the terms of this Agreement, including the PIQART.com Privacy Notice, do not use this Website or our Services.
Use of the Services:
The “PIQART” platform is designed for Young Artists to submit and sell the digital images of their artwork as various forms of prints and for the public who wish to buy such artwork.
PIQART site users who submit their artwork for sale must be less than 18 years of age. Minors may only use ““PIQART” with the supervision and consent of their parent or legal guardian. No minor may use “PIQART”,provide any Personal Data to “PIQART”, or otherwise submit Personal Data through the Services (e.g., a name, address, telephone number, or email address) without parental consent.
Customers may be of any age to purchase products offered on our website, though minors may not make purchases unless they have appropriate permission and are under the direct supervision of their parent or legal guardian who owns the account.
Both Artists and Buyers may need to register for an account to access “PIQART”’s Services or submit any Artwork. It is important that the information associated with your account is accurate and up-to-date, including, but not limited to valid email account, payment method, valid address and phone number. Artists’ accounts must be setup, managed, and supervised by a parent or legal guardian. All financial information on the Artist’s account, such as a PayPal account for receiving payment, must be that of the parent or legal guardian.
When creating a user account, you must provide accurate, complete and updated registration information. You may not select a username that is vulgar, offensive, and obscene or attempts to impersonate another person. You may never use another person’s “PIQART” account without permission from that user. You are solely responsible for all activity that occurs through your account, including the activities of others, regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify “PIQART” immediately of any breach of security or unauthorized use of your account. Although “PIQART” will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of “PIQART” or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. If you create an account, you are responsible for maintaining the confidentiality of any and all actions that take place while using your account and you must notify our Support Center right away of any actual or suspected scam, loss, theft, or unauthorized use of your account or account password. We are not responsible for any loss that results from unauthorized use of your username and password, with or without your knowledge.
You acknowledge and agree that “PIQART” may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of “PIQART”, its users or the public.
“PIQART”.com uses a profit-sharing model. When any Artwork is sold through “PIQART”, you will receive 40% of the profit generated from ecommerce sales and/or publishing and licensing royalties. In the case of ecommerce, profit is sale price minus production cost. Shipping costs are calculated separately and are not part of the profit sharing model. In the event that We choose to offer free shipping, net shipping costs will be deducted before profit sharing. “PIQART” retains the right to change the profit percentage at any given time and will provide 90 days’ notice before implementing such change. All fees payable under these Terms shall be paid within 90 days after the end of each quarter using the PayPal account information provided by the parent or guardian of the artist upon registration.
Unless otherwise stated, all prices are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes, including any sales taxes, associated with your use of the “PIQART” Services and sale of Artworks.
“PIQART” may suspend or terminate your access to all or any part of the “PIQART” Services or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, “PIQART” may terminate your access to the “PIQART” Services if you are determined to be, in “PIQART”’s sole discretion, a repeat infringer of these Terms. “PIQART” may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.
Any user may terminate these Terms at any time by terminating their use of the “PIQART” Services.
On termination of these Terms for any reason, the rights and licenses granted to you here under will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination shall survive, including, without limitation, the following provisions: Content, Copyright & Intellectual Property Policies, Account Information, Disclaimer of Warranties and Liability, Release, Linked Websites, Access and Interference, Privacy, Indemnity, No Agency, Ability to Accept Terms, Notices, Resolution of Disputes, and General. “PIQART” shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the “PIQART” Services or your account.
Without limitation of the foregoing, “PIQART” shall have the right to retain copies of your Content in its archives for its internal business purposes and legal purposes.
Content, Copyright & Intellectual Property Policies:
You, Artist and/or Buyer, agree that the Service contains Content specifically provided by “PIQART” or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You agree to also abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the service.
“PIQART” grants all users of the site and/or service a worldwide, non-exclusive, non-sub licensable and non-transferable license to use, modify and reproduce the Content, solely for personal, non-commercial use. Use, Production, modification, distribution or storage of any content for other than personal, non-commercial use is expressly and legally prohibited without prior written permission from “PIQART”, or from the copyright holder identified in such content copyright notice. You shall not sell, license, rent, or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
All users of “PIQART” must understand that all information including but not limited to images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, by the “PIQART” Services (“Content“), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.
As a Buyer, you understand that you will be exposed to Content and may purchase Artworks from a variety of Artist users and that you rely on the Content and purchase Artworks at your own risk. “PIQART” does not pre-screen Content or Artworks and is not responsible for examining or evaluating any Content or Artworks offered through the “PIQART” Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Artworks for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that, while PIQART does our very best to assure a safe site with age-appropriate content, you may inadvertently be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person.
You, both the Artist and Buyer, hereby waive any legal or equitable rights or remedies you have or may have against “PIQART” with respect to any activities, content, artworks, actions or inactions of any third party in connection with the “PIQART” services, including without limitation, any illegal, defamatory, offensive, or unauthorized conduct by any of the “PIQART” services’ users.
As an Artist, by submitting your Artwork to “PIQART”.com, you agree to grant to “PIQART”.com, along with its affiliates and partners, a non-exclusive, irrevocable, non-transferable, except as explicitly set out herein, worldwide license to use, promote, display, reproduce, and distribute your Artwork for commercial and non-commercial purposes, including, without limiting the foregoing, to reproducing the Artwork on the Website, manufacturing and selling paper and digital prints and other Artworks incorporating your Artwork (including derivative Artworks) through the Website, and use in all “PIQART” promotional materials.
Except as and to the extent expressly permitted, or as reasonably necessary to make any use of the Artwork permitted by these Terms, “PIQART” shall not, and shall not permit others to modify, correct, adapt, or prepare derivative works or improvements of the Artwork without proper attribution and in accordance with this agreement.
Artwork submitted by you as an Artist and the rights relating to them, including copyright and ownership rights in the Artwork remains the sole and exclusive property of the Artist. No other use of the Artwork is granted without your express written consent.
By uploading your works to the site, you grant the following licenses to Piqart: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the work in or on products and in advertising, marketing, samples, and promotional materials for the purpose of promoting Piqart and its products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your work; and (ii) the sale of products available on the site through third party product feeds. You also grant us the license and the right to make modifications to your work as necessary to prepare your work for use in a particular product category or for other manufacturing purposes, if you agree that your work may be used in such category. Further, by uploading your works to the site, you certify and attest that you have the right to those works and are authorized to do so. If your authorization is ever revoked or expires, including but not limited to when the designing artist reaches the age of majority, you agree that you will contact us at info@PIQART.COM and request we remove your works. Notwithstanding our removal you agree to continue to indemnify us against all claims stemming from the copyright work.
You will defend, hold harmless, and indemnify Piqart and related parties from and against any third-party claims and liabilities, including, without limitation, reasonable attorney fees and costs, regardless of the form of action or claim that arises out of or is in connection to the uploaded copyrighted work or works. You further agree to defend against claims of misappropriation, infringement, and invalid licensing of the copyrighted work provided that you received prompt notice of the action in writing and in English.
As an artist, you represent and warrant that
III. The content of the Artwork does not violate the privacy or publicity rights of any third party.
“PIQART” reserves the right to pre-screen your Artwork (but has no obligation to do so), to review and remove your Artwork from the Site, to suspend or cancel your account, and to cancel the “PIQART” Services provided to you at any time in its sole discretion. “PIQART” has a zero-tolerance policy for intellectual property infringement. If you submit Content or offer Artworks for sale that “PIQART”, in its sole discretion, believes may infringe another party’s intellectual property rights, “PIQART” may immediately terminate your account, in addition to any other remedies it may have.
Sale of the Artwork:
“PIQART”.com agrees to make your Artwork available on our website for purchase. Placement and organization of the Artwork on the website shall be in the sole discretion of “PIQART”.com.
“PIQART”.com is not responsible for the success or failure of the Artwork to sell on the Website. We may take action to promote lower performing Artworks, but we make no representation or promise to do so. If your Artwork is not selling at a rate you would like, you may contact us to discuss your options or you may withdraw your Artwork from the Website.
As a buyer If you buy any Art Work submitted and offered by the any Artist then you acknowledge and agree that the following rules or term or condition will be applicable on you regarding your purchase such Art Work That.
III. Any other contractual provisions accepted by both the “Buyer” and “Artist”, to the extent that the provisions do not, and do not purport to, expand “PIQART” obligations or restrict ” PIQART” rights under this “Terms and Conditions”. You acknowledge and agree that “PIQART” is not a party to any Service Contracts and that the formation of a Service Contract between the “Buyer” and “Artist”, will not, under any circumstance, create a responsibility or other service relationship between ” PIQART” and the “Buyer” and “Artist”
Buyers can pay using their PayPal or credit card, or via Stripe payments gateway. Artists will be paid via PayPal to the email that their parents or legal guardians specify for PayPal payments. All fees payable under these Terms shall be paid within 90 days after the end of each quarter via PayPal.
If we are unable to successfully process any purchase through your selected payment method available on our website, then we may cancel your order. You are strictly prohibited to make any payment, or attempt to pay, for Artworks with any fraudulent intents or unlawful means.
As an Artist, You may terminate your relationship with “PIQART” and withdraw your Artwork at any time by contacting us. We will withdraw your Artwork within 10 days of receiving notice of your desire to withdraw your Artwork from the Website. “PIQART” may terminate your relationship with the company at any time and then immediately remove your Artwork from the Website.
Upon termination, your Artwork will be removed from the Website, “PIQART”.com will no longer sell, distribute, or use the Artwork, and Creative Action Network will no longer honor orders for the Artwork and the license granted herein will be terminated. You will receive the agreed-upon fees only as long as the Artwork is available on the website. Upon termination of these Terms, you shall no longer receive any fees from “PIQART”.
All services provided by “PIQART”.com are “as is” and no warranties are provided. We cannot guarantee continuous or secures access to or that the “PIQART” services will be error free or that all transactions will be completed, the operation of the “PIQART” services may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we disclaim all express and implied warranties, terms and conditions, including, but not limited to any implied warranties of merchant-ability, quality of information, quiet enjoyment, no infringement, title, or fitness for a particular purpose. You assume all risks associated with your use of the “PIQART” services.
In addition to the disclaimer in the website terms of service, PIQART makes no representations or warranties of any kind, express or implied, as to the operation of the website, the sale or distribution of your artwork, or the information, content, materials, Artworks (including software) or other services included on or otherwise made available through the website, unless otherwise specified in writing. You expressly agree that “PIQART” shall not be liable or responsible for the sale and performance of your artwork through the website.
You acknowledge that any agreement you make with another party through the “PIQART” Services is strictly between you and such party and “PIQART” is not a party to that agreement. If you have a dispute with another such party, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute. You agree that “PIQART” has no control over and does not guarantee the delivery of the advertised collaborations and that “PIQART” shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In such jurisdictions, the scope and duration of our warranties and the extent of our liability will be the minimum permitted under such applicable law.
So long as you comply with these Terms, “PIQART” hereby grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the “PIQART” Services solely for their intended purpose. “PIQART” is founded on respect for others, and we take this very, very seriously. While using the Services you agree to provide and maintain and update your account information and to keep it true, accurate, current, and complete at all times;
You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:
The Site is controlled and offered by “PIQART” from its facilities in the United States of America and data related to the “PIQART” Services is hosted in the United States. If you access or use the “PIQART” Services from other jurisdictions, you do so at your own risk. “PIQART” makes no representations that the “PIQART” Services are appropriate or available for use in other locations. You are responsible for knowing and complying with the laws of your jurisdiction. If such laws conflict with your use of the “PIQART” Services, you are not permitted to use them.
As an Artist or Buyer, you agree NOT to use our website and services to do any of the following:
Upload, post, or otherwise transmit any content that:
Limitation of Liability:
“PIQART”.com will not be liable for any damages of any kind arising from the use of the website, or from any information, content, materials, Artworks (including software) or other services included on or otherwise made available through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
All direct or indirect risk related to use of this site is borne entirely by you.“PIQART” shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for lost profits, use, goodwill, data loss or other intangible losses, cost of procurement of substitute goods or services, or special, direct, indirect, incidental, punitive, or consequential damages of any kind resulting from the use or the inability to use “PIQART” services. Under no circumstances shall such liability exceed the amount paid to “PIQART”
Our liability for breach of these “Terms and Conditions” shall be limited to you, if such breach is related to the general use of our website and these “Terms and Conditions”.
In relation to the use of our website:
As some jurisdictions, 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 might have additional rights. In that event, the liability will be limited as far as legally possible under the applicable legislation. “PIQART” may plead these “Terms and Conditions” in a bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any complaint or otherwise in respect of this “Terms and Conditions”.
If any provision of these “Terms and Conditions” is held to be unlawful, invalid or unenforceable, that provision shall be deemed deleted from these Terms and Conditions and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.
No failure or delay by us in exercising any right under these “Terms and Conditions” will operate as a waiver of that right nor will any single or partial exercise by us of any right preclude any further exercise of any right.
You hereby agree to indemnify, defend and hold harmless “PIQART”.com and its affiliates and partners, and each of its and their respective officers, directors, employees, agents, successors and assigns from and against any and all losses incurred in connection with any claims, losses, expenses, damages, liabilities and costs, arising out of any claim, action, investigation or proceeding made or instituted by a third party due to, or relating to your use of the ““PIQART”” Website or arising out of or relating to your breach of these Terms.
These miscellaneous provisions are part of just about every online “Terms and Conditions” to ensure its enforce ability.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of your use of the Services. The Artwork buying and selling Terms constitute the entire agreement between you the all type of our Art Work or services users or “Buyer” and professional fitness coaching service provide or “Artist” and “PIQART” with respect to your use of our Art Work and Services.
You may not assign, delegate, or otherwise transfer your account or your obligations under these “Terms and Conditions “without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these “Terms and Conditions “or “Terms and Conditions” and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these “Terms and Conditions “and other “Terms and Conditions” in connection with the Services.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Wilmington, Delaware and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Wilmington, Delaware necessary to protect our or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction
This Agreement will be treated as if it were executed and performed in Wilmington Delaware and will be governed by and construed in accordance with the laws of the State of Delaware without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
If any dispute arises between you (either the Artist or Buyer) and “PIQART”, you and “PIQART” agree that the parties will resolve any such claim in accordance with this clause or as “PIQART” and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute. If matters progress to a legal stage then “PIQART”s legal team will arrange a time to talk to the customer. .You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms or your use of the “PIQART” Services must be filed within one (1) year after the claim or cause of action arose.
Notices: All notices and other communications here under shall be in writing and addressed to the parties at the most recent email provided by you. A Notice is effective only upon receipt by the receiving party.
Severability: If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceable shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement: These Terms constitute the sole and entire agreement of the parties to these Terms with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter.
Modification to the Website:
We are constantly looking for ways to improve our services and our Website. Therefore, “PIQART”.com reserves the right to modify, amend, alter, or otherwise make changes to the Website from time to time and without notice to you. It is obviously never our intention to disrupt the sale of the Artwork on our website, but we are not responsible if any changes to the Website affect the sale of your Artwork.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Third Party Link:
The “PIQART” Services may contain links to other websites that are not owned or controlled by us (“Linked Websites“). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the Artworks or services that may be offered or obtained through them. Further, We are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, Artworks or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the “PIQART” Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.
Access and Interference:
Much of the information available through the “PIQART” website is updated on a real-time basis and is proprietary or is licensed to “PIQART” by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the “PIQART” Services for any purpose without our express written permission.
Additionally, you agree that you will not: