Terms of Use

  1. ACCEPTANCE OF TERMS
    Arts Berry welcomes you. Arts Berry provides its service to you subject to the following Terms of Use , which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time at: http://artsberry.com/termsofuse.php. In addition, when using particular Arts Berry services, you and Arts Berry shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Privacy Policy) are hereby incorporated by reference into the Terms of Use. Arts Berry may also offer other services that are governed by different Terms of Use.

  2. DESCRIPTION OF SERVICE
    Arts Berry provides users with personalized painting service and other painting products. You are responsible for all images upload onto Arts Berry online database for any personalize painting images. You must have the appropriate permission from the photo's copyright owner to upload the photo. The copyright owner of a photograph is usually the person who took the photograph, but it may be otherwise. In addition, you are liable for all images that might harm or offend individuals of other religions, races, etc. Arts Berry have right not to provide service for discriminating customers, who upload offensives images.

    You may sign up for a membership and an account with Arts Berry when you purchase any products from Arts Berry. You understand and agree that the membership service may include certain communications from Arts Berry, such as service announcements, administrative messages and the Arts Berry Newsletter, and that these communications are considered part of Arts Berry membership. Unless explicitly stated otherwise, any new features that augment or enhance the current membership service, including the release of new Arts Berry properties, shall be subject to the Terms of Use.

  3. PRIVACY POLICY
    Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy http://artsberry.com/privacy.html. You understand that through your use of our personalize painting service and the membership service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

  4. MEMBER ACCOUNT, PASSWORD AND SECURITY
    You will choose your own password and account username upon completing the account registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Arts Berry of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Arts Berry cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.

    You agree to not use the our personalized painting service and our membership service to:

    1. upload any images that is unlawful, harmful, threatening, abusive, harassing, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

    2. interfere with or disrupt the our service or servers or networks connected to our service, or disobey any requirements, procedures, policies or regulations of networks connected to our service;

    3. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated,

    4. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s).

    5. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs above.

    You acknowledge, consent and agree that Arts Berry may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Arts Berry, its users and the public.

    You understand that the technical processing and transmission of the personalize painting service and the membership service may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

    You understand that the personalized painting service, the membership service and software embodied within such service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Arts Berry and/or content providers who provide content to these services. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the personalize painting service and the membership service, in whole or in part, is strictly prohibited.

  5. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
    Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

  6. CONTENT SUBMITTED ON THE SERVICE
    Arts Berry does not claim ownership of Content you submit. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the personalize painting service and the membership service, you grant Arts Berry the following worldwide, royalty-free and non-exclusive license(s), as applicable:

  7. CONTRIBUTIONS TO Arts Berry
    By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Arts Berry through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Arts Berry is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Arts Berry shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Arts Berry may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Arts Berry without any obligation of Arts Berry to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Arts Berry under any circumstances.

  8. NO RESALE OF SERVICE
    You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Arts Berry web-pages (including your Arts Berry account), use of the membership service, or access to the membership service.

  9. NOTICE
    Arts Berry may provide you with notices, including those regarding changes to the Terms of Use, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Service, or other reasonable means now known or hereinafter developed.

  10. TRADEMARK INFORMATION
    The Arts Berry, Arts Berry logo and service marks and other Arts Berry logos and product and service names are trademarks of Arts Berry. Without Arts Berry's prior permission, you agree not to display or use in any manner the Arts Berry trademarks.

  11. GENERAL INFORMATION
    Entire Agreement. The Terms of Use constitutes the entire agreement between you and Arts Berry and governs your use of the personalize painting service and the membership service, superseding any prior agreements between you and Arts Berry with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Arts Berry services, affiliate services, third-party content or third-party software.

    No Right of Survivorship and Non-Transferability. You agree that your Arts Berry account is non-transferable and any rights to your Arts Berry ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.

    Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

    The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

  12. VIOLATIONS
    Please report any violations of the Terms of Use to our Customer Care group.