Terms & Conditions

PatronArt.com website (“Site”) is owned and operated by PatronArt LLC (“Company”). You agree to follow and be bound by these terms of use (“Terms of Use” or “Agreement”) and to enter into agreement with Company. In these Terms of Use, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to PatronArt.com and PatronArt LLC, and “Services” refers to all services provided by Company.

GENERAL TERMS OF USE

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use this Site. If you have any questions about these Terms of Use, please contact us at support@patronart.com.

YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE, YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT AND AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF ALL APPLICABLE GOVERNING JURISDICTIONS.

  1. No Guarantee. Company through the Site provides an online marketplace that connects Customers [Patrons] and Artists to allow for the purchase and commissioning of custom artwork across the world (the “Service”). Company strives to maintain a streamline purchase and commission process between Customers and Artists. However, for a variety of reasons, Company cannot guarantee that all of the transactions conducted on or through the Site will be completely satisfactory. The services offered by Artists or requested by Customers of Artist are personal in nature and are subject to the satisfaction of each Artist and Customer. Company does not assist in the creation of any work displayed on the Site or any work commissioned on or through the Site between the artist and customer. Company does not guarantee the commission or sale of any Artist’s work by use of the Site by the Artist. Company is not the publisher or author of any of Artist’s material or any Customer’s or visitor’s posted content. It is a passive service for storage and dissemination of artistic content, ideas and opinions that Site users or visitors may choose to post and distribute. Company does not screen works before they are posted, and no prior approval is required for posting. Company disclaims all copyright and ownership in such works and all responsibility for them.
  2. Links to Third Party Sites. This Site may contain links to Web sites controlled by parties other than Company (each a “Third Party Site”). Company may work with a number of partners and affiliates whose sites are linked with Company. Company is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Website accessed from a Third Party Site, or any changes or updates to such sites. Company makes no guarantees about the content or quality of the products or services provided by such sites. Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Company is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
  3. Reviews, Comments, Communications, And Other Content. At various locations on the Site, Company may permit visitors or users to post reviews, comments, and other content (the “User Communication”). Further, at various locations on the Site, Company may permit live discussion between Customer and Artist, including but not limited to negotiating commentary or dialogue (the “Chat Content”). Contributions to, access to and use of the User Communication or Chat Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.
    1. Rights and Responsibilities of Company. Company respects the rights and intellectual property of others, and request Artist, Users, and visitors, to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Artist or Customers who may be repeat infringers or violators of the terms contained herein. If you believe your or a third party’s rights are being violated, including but not limited to harassment, libel, threats, please report such to Company support@patronart.com. Please include the following information:
      1. Your name, number, and e-mail and, if applicable, the name and contact of the party for which you are acting;
      2. The name of the violator;
  • The location on the Site of the violation;
  1. A description of the prohibited or violating act;
  2. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are who you portray yourself to be and/or have the authority act on behalf of a legally recognized entity.

Additionally, if you believe that your or a third party’s work has been used in a way that violates your or a third party’s intellectual property rights, please follow the procedure as set forth in your respective section below as Artist or Customer, or contact support@patronart.com with the details of the violation.

If Site’s technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other users, Company and Site reserves the right to delete those files or to stop those processes. If the Site technical staff suspects a user name is being used by someone who is not authorized by the proper user, Company and Site may disable that user’s access in order to preserve system security. In all such cases, Company will contact the member as soon as feasible.

Company and Site have the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any user content, (ii) re-categorize any user content to place it in a more appropriate location or (iii) pre-screen or delete any user content that is determined to be inappropriate or otherwise in violation of this Agreement or Terms of Use, including but not limited to user content containing offensive, illegal, criminal, or other obscene language. Company and Site reserves the right to refuse service to anyone and to cancel user access at any time.

  1. Rights and Responsibilities of Customers, Artists, or Other Posters of Content. You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using the Site or any feature of the Site that allows interaction or dissemination of information. Where applicable, when providing identifying information for an account or to contribute content, you shall provide true information to identify your true self to Company. Subject to and without waiving the foregoing, when posting User Communication, you may utilize any alias that is not discriminatory, inflammatory, abusive, or any other way disparaging to any third party. In posting User Content, you are responsible for honoring the rights of others, including but not limited to, intellectual-property rights, the right to privacy and publicity, and the right not to be libeled, slandered, bullied, harassed, threatened, coerced, or deceived. By posting User Communication, you grant a license to Company to use, reprint, distribute, modify, and create derivative works, which will be owned by Company and used for the providing and promotion of the Services. In posting a work as User Communication, you give permission other users or visitors who have access to that content to use the content, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You have the right to remove any of your content at any time. Chat Content shall remain private and confidential at all times. You may not grant permission to any party to share, disseminate, or otherwise use Chat Content beyond those necessary for the completion of the purchase or commission of Artist and Customer agreed upon transaction. You authorize Company to copy your User Communication and Chat Content as part of the normal backup process and for any other legal purpose. Your access to User Communication that has been posted is for your personal use only. If you want to redistribute postings you find as User Communication, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

The use of your Site user account or posting User Communication or posting Chat Content for any illegal activity under the laws of the State of Ohio, and the United States, and applicable jurisdiction(s) is a violation of these Terms of Use. You agree not use the Site in any way that could damage, disable, or impair any Services provided by Company (or the network(s) connected to the Site or Company), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

  1. Payment. [Upon payment by ]
  2. Compliance with Export Restrictions. You may not access, download, use or export the Site or the materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
  3. Delivery. Company does not encourage nor endorse the personal delivery of any material created by Artist to any Customer. Company disparages the sharing of any personal or residential address between Customer and Artist. Further, TO THE FULLEST EXTENT PERMITTED BY, COMPANY EXPRESSLY WAIVES LIABILITY ASSOCIATED WITH THE PERSONAL ENCOUNTER BETWEEN CUSTOMER AND ARTIST.
  4. No Warranty. THE SITE AND ALL MATERIALS, COMMUNICATION, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS OR THE COMMUNICATIONS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE OR WITHOUT DEFECT; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS OR ARE SUITABLE FOR YOUR USE OR CIRCUMSTANCES.

OBTAINING ANY MATERIALS OR COMMUNICATIONS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

  1. Limitation of Liability. IN NO EVENT SHALL COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, OR LICENSEES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR MATERIALS OR COMMUNICATIONS AVAILABLE FROM THIS SITE, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF MATERIALS OR COMMUNICATIONS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. IN THE INSTANCE AN APPLICABLE STATE AND JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE MAXIMUM LIABILITY OF COMPANY TO YOU IS THE LOWEST AMOUNT ALLOWABLE UNDER THE APPLICABLE LAWS.
  2. Indemnification. You agree to defend, indemnify and hold harmless Company, our officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Site.
  3. Unsolicited Submissions. Except as may be required in connection with your use of the Site or Services, Company does not want you to submit confidential or proprietary information to us through public portals [DEFINE] on Site. All comments, feedback, information or material submitted to Company through or in association with the public portals on this Site shall be considered non-confidential. By providing such submissions to Company you hereby grant Company a license to use, reprint, distribute, modify and create derivative works which will be owned by Company. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
  4. Minors. Minors [DEFINE: an individual not of the physical age of 18] are not eligible to use the Site and we ask that they do not submit any personal information to us.
  5. Governing Law; Venue. By using this Site, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Ohio, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of Ohio situated in Franklin, County. You agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.
  6. Severability. The invalidity or enforceability of any term, provision or clause of this Agreement or Terms of Use (or any portion thereof) shall in no way impair or affect the validity or enforceability of any other term, provision or clause of this Agreement, all of which shall remain in full force and effect.
  7. Waiver. No waiver by the Company of any breach of this Agreement or Terms of Use shall be a waiver of any preceding or succeeding breach. No waiver by the Company of any right under this Agreement or Terms of Use shall be construed as a waiver of any other right.
  8. Copyright. All Site design, text, graphics, the selection and arrangement thereof, Copyright © 2016, PATRONART LLC ALL RIGHTS RESERVED.
  9. Trademarks. All images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of PatronArt.com. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
  10. Acknowledgement. BY USING PATRONART.COM’S SERVICES OR ACCESSING THE PATRONART.COM SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
  11. Electronic Communication. When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  12. Contact. If you have any questions about these Terms of Use, the practices of this website, or your dealings with this website, you can contact us at support@patronart.com.

CUSTOMER TERMS OF USE

  1. Ownership. This Site is owned and operated by Company. All right, title and interest in and to the materials provided on this Site, excluding art and material provided by Artist, including but not limited to information, logos, graphics, sounds, and images (the “Company Materials”) are owned or licensed by Company or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the Company Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Company’s intellectual property rights, whether by estoppel, implication or otherwise. Any material submitted by Artist is owned exclusively by Artist. Without express permission from Artist to Customer, no material submitted by Artist may be copies, downloaded, reproduced, distributed, or any way used in a manner that would violate the Artist’s intellectual property rights in Artist’s submitted material. You own all of the content and information you post on the Site.
  2. Customer Guarantees and Warranties. Customer guarantees and warrants to Company that in creating a User Profile [Patron/Artist account] all personal information provided is honest and true and accurately reflects the Customer’s identification and contact information. Customer guarantees and warrants that Customer is not a minor under the age of 18. Customer guarantees and warrants that Customer is of sound mind within the meaning of any applicable governing jurisdiction to enter this Agreement or Terms of Use and transact business with Artist. Customer guarantees and warrants any User Generated Content [Patron/Artist content] uploaded to the Site is rightfully owned by Customer. Customer further guarantees and warrants to Company that any User Generated Content uploaded to the Site does not a violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s trademark, patent, copyright, trade secret, or any other intellectual property right that may arise from the third party’s creation of content arising under the laws of any applicable jurisdiction. Customer further guarantees and warrants that it has the authority to enter into this Agreement on behalf of self or a legally existing entity.
  3. Digital Millennium Copyright Act. It is the policy of Company to comply with the Digital Millennium Copyright Act, Title 17, United Stated Code, Section 512 (“DMCA”). As such, the following procedures have been enacted to comply with the DMCA. If you become aware that your rights being infringed or a third party’s intellectual property rights being infringed upon by the posting of material on the Site, [please complete the following/please e-mail us directly at our email support@patronart.com, or call us at 614-725-1011 and include the Artist profile and specific item with description and the proper owner whose rights are being violated].[Additionally, if your copyright is being violated you may file a complaint with the U.S. Copyright Office on their website http://www.copyright.gov/help/index.html. And, if your trademark rights are being violated you may file a complaint with the United States Patent and Trademark Office https://www.uspto.gov/.
    1. Your name, number, and e-mail and, if applicable, the name and contact of the party for which you are acting;
    2. The name of the violator;
    3. The location on the Site of the violation;
    4. A description of the copyrighted work or other intellectual property that your claim has been infringed;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property right owner, its agent, or the law
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are who you portray yourself to be and/or have the authority act on behalf of a legally recognized entity.
  4. Content Restrictions. No submitted User Generated Content shall violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s statutory, proprietary, privacy, publicity, or contractual rights, or any other rights arising under the laws of any applicable jurisdiction. No submitted User Generated Content shall be unlawful, harmful, disparaging, inflammatory, threatening, libelous, or defamatory of any person or entity. No submitted User Generated Content shall advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation. Any and all submitted User Generated Content, including any information concerning another person or entity, shall be true and accurate to the best of your knowledge. No submitted User Generated Content shall not contain any of the following explicit content: sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); hateful, defamatory, or discriminatory content or incites hatred against any individual or group; exploitation of children; or violates any law.
  5. Ability to Terminate. Company reserves the right to terminate this Agreement immediately upon violations of any terms herein, including but not limited to, Section 4. Content Restrictions. Further, Company reserves the right to terminate this Agreement immediately upon violation of any third party’s intellectual property, including but not limited to, those rights articulated in Section 2. Customer Guarantees and Warranties. Further, Company reserves the right to terminate this Agreement upon notice that any violation of this Agreement is pending or attempted by Customer whether in this section or throughout the entire Agreement or Terms of Use. Upon termination of this Agreement, Company shall not owe any monies, goods, or services, to Customer, nor shall Company be obligated by any promises made by Customer to any third party or by Artist to Customer.

ARTIST TERMS OF USE

  1. Ownership. This Site is owned and operated by Company. All right, title and interest in and to the materials provided on this Site, excluding art and material provided by Artist, including but not limited to information, logos, graphics, sounds, and images (the “Company Materials”) are owned or licensed by Company or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the Company Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license of or under any of Company’s intellectual property rights, whether by estoppel, implication or otherwise.
  2. Limited License. Content submitted by Artist remains the sole property of Artist. Such content to remain the sole property of the Artist shall include but not be limited to artwork, videos, photography, written content, logos, graphics, and sounds (the “Artist Material”). To the extent that such rights arise by state law, federal law, and/or common law, such rights and title shall remain with the Artist. Subject to and without violating the foregoing, Artist hereby grants Company an irrevocable, non-exclusive, transferable, fully paid worldwide license, for the life of Artist’s relationship with Company and use of the Site and some reasonable time thereafter, in the Artist Material for the right to use, modify, adapt, reproduce, distribute, display, store, and transmit, Artist Material posted on the Site throughout the Universe [DEFINE Universe] to the extent necessary to provide and promote the Service.
  3. Artist Guarantees and Warranties. Artist guarantees and warrants to Company that any Artist Material uploaded to the Site is rightfully owned by Artist. Artist further guarantees and warrants to Company that any Artist Material uploaded to the Site does not a violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s trademark, patent, copyright, trade secret, or any other intellectual property right that may arise from the third party’s creation of content arising under the laws of any applicable jurisdiction. Artist further guarantees and warrants that it has the authority to grant the limited license in Artist Material. Artist further guarantees and warrants that Artist is of legal age and sound mind within the meaning given in Artist’s jurisdiction to enter into this Agreement or Terms of Use and transact business with Customer.
  4. Digital Millennium Copyright Act. It is the policy of Company to comply with the Digital Millennium Copyright Act, Title 17, United Stated Code, Section 512 (“DMCA”). As such, the following procedures have been enacted to comply with the DMCA. If you become aware that your rights in your Artist Material is being infringed or a third party’s intellectual property rights are being infringed upon by the posting of material on the Site, [please complete the following/please e-mail us directly at our email support@patronart.com or call 614-725-1011 and include the Artist profile and specific item with description and the proper owner whose rights are being violated].[Additionally, if your copyright is being violated you may file a complaint with the U.S. Copyright Office @ http://www.copyright.gov/help/index.html. And, if your trademark rights are being violated you may file a complaint with the United States Patent and Trademark Office @ https://www.uspto.gov/.
    1. Your name, number, and e-mail and, if applicable, the name and contact of the party for which you are acting;
    2. The name of the violator;
    3. The location on the Site of the violation;
    4. A description of the copyrighted work or other intellectual property that you claim has been infringed;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property right owner, its agent, or the law
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are who you portray yourself to be and/or have the authority act on behalf of a legally recognized entity.
  5. Content Restrictions. No submitted Artist Material or User Generated Content shall violate, misappropriate, or infringe the rights of any person or entity, including without limitation, any person or entity’s statutory, proprietary, privacy, publicity, or contractual rights, or any other rights arising under the laws of any applicable jurisdiction. No submitted Artist Material or User Generated Content shall be unlawful, harmful, disparaging, inflammatory, threatening, libelous, or defamatory of any person or entity. No submitted Artist Material or User Generated Content shall advocate or encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or foreign law or regulation. Any and all submitted Artist Material or User Generated Content, including any information concerning another person or entity, shall be true and accurate to the best of Artist’s knowledge. No submitted Artist Material or User Generated Content shall not contain any of the following explicit content: sexually explicit content or pornography (provided, however, that non-sexual nudity is permitted); hateful, defamatory, or discriminatory content or incites hatred against any individual or group; exploitation of children; or violates any law.
  6. Ability to Terminate. Company reserves the right to terminate this Agreement immediately upon violations of any terms herein, including but not limited to, Section 5. Content Restrictions. Further, Company reserves the right to terminate this Agreement immediately upon violation of any third party’s intellectual property, including but not limited to, those rights articulated in Section 3. Artist Guarantees and Warranties. Further, Company reserves the right to terminate this Agreement upon notice that any violation of this Agreement is pending or attempted by Artist whether in this section or throughout the entire Agreement or Terms of Use. Upon termination of this Agreement, Company shall not owe any monies, goods, or services, to Artist, nor shall Company be obligated by any promises made by Artist to any third party.
  7. Limited Permission to Download. Company hereby grants you permission to download, view, copy and print the materials generated by Company found on the Site on any single, stand-alone computer solely for your personal, informational, and internal business use provided that (i) the materials are not used on any other Web site nor in a networked computer environment, (ii) the materials are not modified in any way, and (iii) the materials are not presented as work of any person or entity other than the Company. This permission terminates automatically without notice if you breach any of the terms or conditions of this Agreement or Terms of Use. On any such termination, you agree to immediately destroy any downloaded or printed Materials. Any unauthorized use of any materials contained on this Site may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.
  8. No Business or Agency. Artist understands and agrees that it shall have no right or authority, expressed or implied, to commit or otherwise obligate Company to any third party in any manner or to bind Company in any manner whatsoever, Artist shall not have, nor shall it represent herself as having, any authority to make or negotiate contracts in the name of or on behalf of or binding on Company. Artist acknowledges that no decision making authority is provided to the Artist in regard to the activities and services are provided by the Artist as an independent contractor under a separate agreement between the Artist and Customer or other third party that may be negotiated through the Site.  Artist is prohibited from accepting service of process or notices on Company’s behalf in Territory. Artist understands and agrees that this Agreement or Terms of Use in no way creates an employee, agent, partner, or independent contractor business relationship between Artist and Company and Site.

 


Live Chat Policy


PatronArt.com website (“Site”) is owned and operated by PatronArt LLC (“Company”). You agree to follow and be bound by this live chat terms of use statement (“Live Chat Terms”) and to enter into agreement with Company. In these Live Chat Terms, the words “you” and “your” refer to each Site visitor or user, “we”, “us” and “our” refer to PatronArt.com and PatronArt LLC, and “Services” refers to all services provided by Company. This Privacy Policy is incorporated into the Terms of Use and Privacy Policy. This Live Chat Terms is effective as of your agreeing to the Live Chat Terms.

1. Live Chat Platform. The Site provides a live platform for discussion and negotiations directly between Customer and Artist (“Live Chat Platform”).

2. Reviews, Comments, Communications, And Other Content. At various locations on the Site, Company may permit visitors or users to post reviews, comments, and other content (the “User Communication”). Further, at various locations on the Site, Company may permit live discussion between Customer and Artist, including but not limited to negotiating commentary or dialogue (the “Chat Content”). Contributions to, access to and use of the User Communication or Chat Content is at your own risk and subject to the below terms and all other terms and conditions of these Terms of Use.

a. Rights and Responsibilities of Company. Company respects the rights and intellectual property of others, and request Artist, Users, and visitors, to do the same. Company may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Artist or Customers who may be repeat infringers or violators of the terms contained herein. If you believe your or a third party’s rights are being violated, including but not limited to harassment, libel, threats, please report such to Company via support@patronart.com. Please include the following information:

i. Your name, number, and e-mail and, if applicable, the name and contact of the party for which you are acting;

ii. The name of the violator;

iii. The location on the Site of the violation;

iv. A description of the prohibited or violating act;

v. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are who you portray yourself to be and/or have the authority act on behalf of a legally recognized entity.

Additionally, if you believe that your or a third party’s work has been used in a way that violates your or a third party’s intellectual property rights, please follow the procedure as set forth in your respective section below as Artist or Customer and contact support@patronart.com.

If Site’s technical staff finds that files or processes belonging to a user pose a threat to the proper technical operation of the system or to the security of other users, Company and Site reserves the right to delete those files or to stop those processes. If the Site technical staff suspects a user name is being used by someone who is not authorized by the proper user, Company and Site may disable that user’s access in order to preserve system security. In all such cases, Company will contact the member as soon as feasible.

Company and Site have the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any user content, (ii) re-categorize any user content to place it in a more appropriate location or (iii) pre-screen or delete any user content that is determined to be inappropriate or otherwise in violation of this Agreement or Terms of Use, including but not limited to user content containing offensive, illegal, criminal, or other obscene language. Company and Site reserves the right to refuse service to anyone and to cancel user access at any time.

b. Rights and Responsibilities of Customers, Artists, or Other Posters of Content. You are legally and ethically responsible for any User Content - writings, files, pictures or any other work - that you post or transmit using the Site or any feature of the Site that allows interaction or dissemination of information. Where applicable, when providing identifying information for an account or to contribute content, you shall provide true information to identify your true self to Company. Subject to and without waiving the foregoing, when posting User Communication, you may utilize any alias that is not discriminatory, inflammatory, abusive, or any other way disparaging to any third party. In posting User Content, you are responsible for honoring the rights of others, including but not limited to, intellectual-property rights, the right to privacy and publicity, and the right not to be libeled, slandered, bullied, harassed, threatened, coerced, or deceived. By posting User Communication, you grant a license to Company to use, reprint, distribute, modify, and create derivative works, which will be owned by Company and used for the providing and promotion of the Services. In posting a work as User Communication, you give permission other users or visitors who have access to that content to use the content, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination. You have the right to remove any of your content at any time. Chat Content shall remain private and confidential at all times. You may not grant permission to any party to share, disseminate, or otherwise use Chat Content beyond those necessary for the completion of the purchase or commission of Artist and Customer agreed upon transaction. You authorize Company to copy your User Communication and Chat Content as part of the normal backup process and for any other legal purpose. Your access to User Communication that has been posted is for your personal use only. If you want to redistribute postings you find as User Communication, it is your responsibility to obtain permission from the poster (and any other person with rights in such work).

The use of your Site user account or posting User Communication or posting Chat Content for any illegal activity under the laws of the State of Ohio, and the United States, and applicable jurisdiction(s) is a violation of these Terms of Use. You agree not use the Site in any way that could damage, disable, or impair any Services provided by Company (or the network(s) connected to the Site or Company), violate the privacy and security of other users, or interfere with any user’s use and enjoyment of any of the Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

3. Delivery. Company does not encourage nor endorse the personal delivery of any material created by Artist to any Customer. Company disparages the sharing of any personal or residential address between Customer and Artist. Further, TO THE FULLEST EXTENT PERMITTED BY, COMPANY EXPRESSLY WAIVES LIABILITY ASSOCIATED WITH THE PERSONAL ENCOUNTER BETWEEN CUSTOMER AND ARTIST.

4. Guarantees and Warranties. We make no guarantees or warranties related to the purchased or commissioned work agreed to between Customer and Artist. Further, we make no guarantees or warranties to the satisfaction of the agreed to terms or work purchased or commissioned between Customer and Artist. Further, we make no guarantees and warranties to the fulfillment of obligations that may arise from the communication between Customer and Artist. Company and Site are not bound by any terms or conditions agreed to between Customer and Artist.

5. Delivery. Company does not encourage nor endorse the personal delivery of any material created by Artist to any Customer. Company disparages the sharing of any personal or residential address between Customer and Artist. Further, TO THE FULLEST EXTENT PERMITTED BY, COMPANY EXPRESSLY WAIVES LIABILITY ASSOCIATED WITH THE PERSONAL ENCOUNTER BETWEEN CUSTOMER AND ARTIST.

6. Unsolicited Submissions. Except as may be required in connection with your use of the Site or Services, Company does not want you to submit confidential or proprietary information to us through the Live Chat Platform. All comments, feedback, information or material submitted to Company, Artist, or Customer through or in association with the Live Chat Platform on this Site may be subject to public disclosure. By providing such submissions to Company you hereby grant Company a license to use, reprint, distribute, modify and create derivative works which will be owned by Company. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.

7. Governing Law; Venue. By using this Site and Live Chat Platform, you expressly agree that your rights and obligations shall be governed by and interpreted in accordance with the laws of the State of Ohio, excluding its choice of law rules. Any legal action or proceeding relating to your access to or use of the Site or Materials shall be instituted in a state or federal court in the State of Ohio situated in Franklin, County. You agree exclusively and irrevocably to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding. These Terms of Use expressly exclude and disclaim the terms of the U.N. Convention on Contracts for the International Sale of Goods, which shall not apply to any transaction conducted through or otherwise involving this Site.

8. Contact. If you have any questions about these Live Chat Terms, the practices of this Site, or your dealings with this Site, you can contact us at support@patronart.com. Further, if you notice a violation of any rights and responsibility of any party or are subject to any illicit or criminal behavior please follow the procedures as set out in the Terms of Use. Further, if you notice or become privy to any intellectual property rights violations, please follow the procedures as set out in the Terms of Use.