Terms and Conditions of Use
The Terms and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes or claims) shall be governed by and construed in accordance with the Quebec law. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the French version shall prevail.
You should read these terms and conditions in full because they apply every time you visit Artblr. However, just in case you ever need a reminder of the main points, here’s a quick summary:
- If you are under the age of 17 then unfortunately you can’t use Artblr yet.
- We’re not responsible for anything that you post while you are on Artblr and we don’t monitor the content of the site, but if we do see or someone alerts us that you have posted something that we think is inappropriate then we are allowed at our discretion to remove it.
- If you post any content that actually belongs to someone else and they get annoyed (or even call in their lawyers), we are not in the firing line. You have to take responsibility for what you post.
Artblr is a visual art social media website and will be an app designed as a forum for meeting artists and art lovers, a place to have discussions and to share images of artworks, news, your preferences and information. It is intended to be a fun place to visit and it is important to us (and for you) that it remains a safe and friendly environment so you agree that you will only use Artblr in a manner consistent with its purpose and which is in accordance with these terms and conditions (the “Terms”).
The Terms constitute a binding legal agreement between you as user (“you”) and Application DFlunk inc., a canadian company whose registered office is at 707, Saint-Joseph, Blvd., Suite 200, Gatineau, Quebec, J8Y 4B5, and (“we” or “us”) of www.artblr.com (together with affiliated websites and applications, “Artblr”).
The Terms apply whenever you visit Artblr, whether or not you have chosen to register with us, so please read them carefully. By accessing, using, registering for or receiving services offered on Artblr (the “Services”) you are accepting and agreeing to be bound by the Terms.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE APP OR SITE.
1. Use of the app and site and rules relating to content
You may only use and become a registered member of Artblr if you are 17 years old or older .
You warrant that you have the right, authority and capacity to enter into and be bound by the Terms and that by using Artblr you will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.
You further warrant that you have not been convicted of, nor are subject to any court order relating to assault, violence, sexual misconduct or harassment.
What kind of content can I post on Artblr?
You are able to post all kinds of things on Artblr, including photographs, messages and other content (“Content”).
There are some rules about what is acceptable though, so when you are using Artblr you may not post or send any Content which:
- contains expletives or language which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person;
- is obscene, pornographic or otherwise may offend human dignity;
- is abusive, insulting or threatening, or which promotes or encourages racism, sexism, hatred or bigotry;
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”;
- contains any spy ware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Artblr or otherwise;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights); or
- shows another person which was created or distributed without that person’s consent.
Please use your common sense when picking the Content that you choose to post on or send via Artblr because you are solely responsible for, and bear all liability in relation to, such Content.
Are there any rules relating to personal information like my email address?
You may not display any personal contact or banking information on your individual profile page (“Profile”) whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
What about other people’s personal information, can I use it?
You may only use other Artblr user’s personal information to the extent that your use of it matches Artblr’s purpose of allowing people to meet one another. You may not use other users' information for commercial purposes, to spam, to harass, or to make unlawful threats. Artblr reserves the right to terminate your account if you misuse other users' information.
Some of my friends want to see my contacts. Can I tell them my login details and let them log on as me?
The short answer is no. Only you are authorised to access your account with Artblr. You must not share your login details with anyone or let anyone else access your account as this jeopardises the security of all of the Content and personal information that you have submitted to Artblr. You are responsible for keeping your login details secret and secure. If you don’t, Artblr is not liable for any unauthorised access to your account. If you suspect that someone has gained access to your account, you must let us know immediately and telling us of your suspicions or concerns. You must also immediately change your login details. Artblr reserves the right to terminate your account if you violate our rules on keeping your login details secure.
Who can see the Content that I put on Artblr?
When you upload Content to it can be accessed and viewed by the general public. If you do not want such Content to be viewed by others, then you should not upload it to Artblr. If you decide to share on other social networks, those social network users will be able to see what you shared. Remember to check those social networks’ terms and conditions to check you are happy with them. We reserve the right (without obligation) at our sole discretion and without giving you notice, to remove or edit, limit or block access to any Content that you upload or submit to Artblr without any incurring liability to you. We have no obligation to display any Content that you submit to Artblr, nor to check the accuracy or truthfulness of any Content submitted to Artblr, nor to monitor your use or the use of other users of Artblr.
2. Ownership of Content
Artblr respects the intellectual property rights of the artists and expects every user of the platform to do the same!
Once I have uploaded Content on Artblr, do I still own it?
Yes (provided you are the rightful owner in the first place — please see our other rules regarding posting Content that doesn’t belong to you).
Artblr does not claim ownership rights in Your Content. Please note though that by posting or sending Content on Artblr you represent and warrant to us that you have the right to do so. For the sole purpose of enabling us to make your Content available through the Service, you automatically grant to Artblr a non-exclusive, royalty free, perpetual, worldwide licence to use such Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future). We may assign or sub-licence the above licence to our affiliates and successors without any further approval by you.
By submitting Content to Artblr you are warranting that you are the exclusive author and owner of that Content.
We have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you to our app or site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
Who does the rest of the Content on Artblr belong to then?
It belongs to Artblr/Application DFlunk inc. All text, graphics, user interfaces, trademarks, logos, sounds and artwork on Artblr are owned, controlled or licensed by us and are protected by copyright, trademark and other intellectual property law rights.
Can I use any of the Content that doesn’t belong to me?
Other than in relation to Content submitted by you to Artblr, you do not have any rights in relation to the Content on Artblr and you agree that you will not use any Content in any manner which may infringe any third party’s rights. Without limitation to the foregoing, this means that you agree that you will not copy, modify, adapt, distribute, publish or sell all or any part of the Artblr site or the Content contained on it (other than the Content submitted by you) to anyone else.
3. Paid for Services
What can I buy on Artblr?
Artblr offers you the opportunity to pay for certain services offered on the site. Artblr’s Premium package allows you to post additional artworks, to customise your profile and to boost your profile so more people find you. The Premium package can be purchased after you register, and you may subscribe to the premium package for a period of 12 months. Once you have paid for the premium package, it is non-refundable.
The pricing may vary due to a number of factors, such as (but not limited to) promotional offers, loyalty bonuses and other discounts.
Artblr reserves the right to not share an artwork from a World Premium profile on the social media or in our newsletter. Justification will be given only if requested.
How do I renew my premium services with Artblr?
Once you have requested a Artblr premium service, you authorise Artblr to charge your chosen payment method. If you wish to add artworks after the end of your membership you will need to renew your Premium package.
Can I transfer any of my paid for services or credits to another Artblr user?
If you elect to partake in any of the premium features or range of services designed to improve your Artblr user experience, you agree to use these services for yourself and not to transfer (for free or as a sale) to or purchase, or sell such services from other Artblr users. Artblr reserves the right not to honour any paid for services where you have attempted to transfer those services to another use or you have attempted to buy those services from another user. Artblr will only provide paid for services to you if you are the person to whom it was issued.
4. Access to the app and site
Do you guarantee that Artblr will be up and running at all times?
Unfortunately we can’t guarantee that because sometimes we have to carry out maintenance to the app or site or they may be affected by a fault or circumstances which are outside our control, so Artblr is provided on an “as is” basis. No warranty is given about the quality, accuracy, functionality, availability or performance of Artblr and we reserve the right to suspend, withdraw, amend, modify or vary the service provided on Artblr without notice and without incurring any liability to you.
What about mobile access?
You are responsible for making all the necessary arrangements to ensure you can access Artblr (including, but not limited to Internet provider and mobile internet provider fees and, any other charges associated with such access). We shall not be held responsible for any reduced functionality you may encounter as result of or in connection with accessing Artblr through mobile services or any similar service currently known or developed in the future.
By accessing Artblr or agreeing to receive messages or notifications from Artblr through your mobile phone and/or any other connected media device, you accept that you may incur charges from your internet or mobile service provider. We shall not under any circumstances be liable for such charges.
I’m not registered and I can’t seem to access some Content on the app or site. Why is that?
Non-registered users are able to access only that portion of Artblr that is publicly available. They will not have a Profile or the ability to upload any Content. The extent of registered users’ access to Artblr will depend on certain criteria relating to their Profile being met. We may change or update the criteria from time to time without prior notice and at our discretion.
5. Termination of use by us
My Profile has disappeared and I can’t log in. What’s going on?
Sometimes people forget about the Terms and post Content or act in a way while on Artblr which is not consistent with the purpose of the app or site, including the creation of false profiles to like or comment your own artworks. If we think that you may be one of those people, then we reserve the right at our sole discretion, at any time and without liability or the need to give you prior notice or to refund any unused services to:
- suspend or revoke your registration (where applicable) and your right to access and/or use Artblr or submit any Content to Artblr; and
- make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses).
We will try (but we are not obliged) to notify you if your access to Artblr and/or your Profile is to be or has been suspended or terminated.
6. Termination of use by you
Content that you have uploaded to Artblr, other than your Profile (such as comments or email messages), may still appear on Artblr following termination of your registration.
Someone is not obeying the Terms, who do I tell?
You can report any abuse or complain about Content on Artblr by contacting us, outlining the abuse and or complaint. We will always try our best to help resolve any issue that you may encounter with our service.
Do you have guidelines in place about what you can do with my personal data?
Are the links on the app or site anything to do with Artblr?
Please note that we have no control over the contents of any third party sites or resources, and we accept no responsibility for them, including (but not limited to) the third party site’s compliance with any applicable laws or regulations.
10. Disclaimer of warranties and limitation of liability
I forgot the rules about conduct on here and now someone is threatening to sue me. Will your lawyers sort it out?
No. If you act in a way that upsets other users then you have to be responsible for the consequences. We expressly disclaim any and all responsibility and liability for your conduct or the conduct of any other user of Artblr, and expressly disclaim any liability for Content uploaded by you or by any other user.
My friend is a lawyer and says that you can’t exclude liability for everything…
Nothing in the Terms limits or excludes our liability for:
- death or personal injury caused by our proven negligence; or
- any liability which cannot be limited or excluded by law.
To the fullest extent permitted by law, Artblr expressly excludes:
- all conditions, representations, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
- any liability incurred by you arising from use of Artblr, its services or these terms and conditions, including without limitation for any claims, charges, demands, damages, liabilities, losses or expenses of whatever nature and howsoever direct, indirect, incidental, special, exemplary, punitive or consequential damages (however arising including negligence), loss of use, loss of data, loss caused by a computer or electronic virus, loss of income or profit, loss of or damage to property, wasted management or office time, breach of contract or claims of third parties or other losses of any kind or character, even if Artblr has been advised of the possibility of such damages or losses, arising out of or in connection with the use of Artblr. This limitation on liability applies to, but is not limited to, the transmission of any disabling device or virus that may infect your equipment, failure or mechanical or electrical equipment or communication lines, telephone or other interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, bodily injury (other than caused by our negligence), property damage, operator errors, strikes or other labor problems or any act of god in connection with Artblr including, without limitation, any liability for loss of revenue or income, loss of profits or contracts, loss of business, loss of anticipated savings, loss of goodwill, loss of data, wasted management or office time and any other loss or damage of any kind, however arising and whether caused by tort (including, but not limited to, negligence), breach of contract or otherwise, even if foreseeable whether arising directly or indirectly.
I forgot the rules about conduct on here and now someone is threatening to sue YOU. What now?
If we are sued as a result of your use of Artblr then we have the right to defend or settle the relevant claim as we see fit. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.
You agree to hold harmless and indemnify us and our officers, directors, employees, agents, representatives and licensors from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable solicitor’s fees) suffered or reasonably incurred by us arising as a result of, or in connection with, your access to and use of Artblr, the uploading or submission of Content to Artblr by you or your conduct, other than in accordance with the Terms or any applicable law or regulation (“Claim”). Artblr retains the exclusive right to settle, compromise and pay any and all Claims or causes of action which are brought against us without your prior consent.
Artblr has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Artblr and provides that information on an "as is", "as available" basis. Artblr does not give or make any warranty or representation of any kind about the information contained on Artblr, whether express or implied. Use of Artblr and the materials available on it is at your sole risk. Artblr cannot be held responsible for any loss arising from the transmission, use of data, or inaccurate Content posted by users. You are responsible for taking all necessary precautions to ensure that any material you may obtain from Artblr is free of viruses or other harmful components. You accept that Artblr will not be provided uninterrupted or error free, that defects may not be corrected or that Artblr, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horses or any similar malicious software. Artblr is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
We reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the effective date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of any Change. You should regularly check this page to take notice of any Changes.
If you do not accept any Change to the Terms, you should stop using Artblr immediately. Your continued use of Artblr following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms.
If, for any reason, any of the Terms are declared to be illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
The Terms set out the entire agreement and understanding between us and you in relation to your use of Artblr and supersedes all previous agreements, representations and arrangements between us (either oral or written). Nothing in this clause shall limit or exclude any liability for fraudulent misrepresentation.
No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
www.artblr.com is owned and operated by Application DFlunk inc., registered in Canada. Our registered office is at 707, Saint-Joseph Blvd, Suite 200, Gatineau, Quebec, J8Y 4B5.
The Terms were last updated on: June 26, 2016.