1. Acceptance of Terms
Art Fifty Two will only knowingly provide use to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use Art Fifty Two only under the consent and supervision of a parent or legal guardian who agrees to be bound by these Terms. Art Fifty Two is not intended for children under the age of 13. By using the Art Fifty Two Site, you represent that you are 18 years or older, or between 13 and 18 years old and your parents or legal guardian consent to the Terms.
3. Proprietary Rights
By submitting your images, artwork and personal information (collectively referred to as “Personal Info”) to Art Fifty Two, you acknowledge and agree that the content (“Content”) on the Site, including but not limited to text, data, photos, graphics, etc. or other material contained or distributed on or through the Site, by Art Fifty Two, their advertisers or other third parties, is protected by trademarks, service marks, patents, copyrights, or other proprietary rights and laws. By submitting any Personal Info to the site you warrant that you are the exclusive owner of such Personal Info free and clear of any claim of any nature including without limitation any claim of copyright/trademark infringement. You may not use or distribute any Content received through the Site without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, upload, download, post, email, sell, or otherwise use or distribute any Content available through the Site including code and software, in violation of applicable proprietary rights, and copyright and other intellectual property laws. You will retain ownership of your Personal Info that you upload to Art Fifty Two. You hereby grant to Art Fifty Two a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Personal Info as Art Fifty Two deem necessary to enable you to use their Sites or services to publicly display, sell, distribute and purchase products for so long as your Personal Info remains uploaded to the site. Art Fifty Two may sublicense the proprietary rights that you grant to Art Fifty Two to a third party subcontractor for the purposes of producing your products and providing services. Upon cancellation of your account and removal of your Personal Info, Art Fifty Two shall no longer maintain these rights. Our right to reproduce your artwork for sale to the public is completely contingent on your participation on our website. When you delete your account, which you may do for any reason and without penalty, we no longer have said rights to reproduce and sell artwork on your behalf. You acknowledge and agree that the Site and any software used in connection with the Site ("Software") contains proprietary and confidential information that is protected by applicable intellectual property laws and other laws. You agree not to modify, rent, lease, loan, sell, distribute, or otherwise use the Site and/or Software, in whole or in part. The intellectual property rights in or relating to the Personal Info of any postings to your account which you submit will automatically be deemed to be assigned and licensed by you to Art Fifty Two upon their submission to our Site, and Art Fifty Two shall be entitled to use, edit and publish the information which may include information about your gallery, your biography, comments or any other information which you have provided. Art Fifty Two reserves the right in its sole discretion to accept, decline, or cancel at any time any membership with Art Fifty Two. Such action includes the removal of your Personal Information, including without limitation, any artwork, text, comments and other imagery. In addition, Art Fifty Two reserves the right in its sole discretion to accept or reject any image(s) of an approved member submitted for inclusion in the eCommerce program of Art Fifty Two.
All Content included on the Site, such as, but not limited to, images, text, graphics, logos, and button icons, is the property of Art Fifty Two or their content suppliers and is protected by United States and international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All content on the Site that is not the property of Art Fifty Two is used with permission. The arrangement and compilation of all content on the Site are the exclusive property of Art Fifty Two and are protected by U.S. and international copyright laws. All software used on the Site is the property of Art Fifty Two or its software suppliers and is protected by United States and international copyright laws.
5. Copyright/Trademark Compliance & Complaints
We honor the intellectual property rights of others. If you believe that your work has been copied or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our Site, but rather we purchase or license products from third party suppliers that claim to have sufficient rights to allow us to display and sell the products on the Site. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing products from the Site pending our investigation.
Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on the Site in a way that constitutes copyright or trademark infringement, please notify us by writing us at: Art Fifty Two Attention: Legal Department 123 N Main St. Fairfield, Iowa 52556. Please note that this procedure is exclusively for notifying us of your belief that your copyrighted material or trademark has been infringed. When notifying us, please include detail of the manner and circumstances under which you believe that any infringement has occurred.
6. No Guaranty That Sales Of Artwork Will Be Made/Indemnification
7. Shipping Artwork to Art Fifty Two / Make the Works and Risk of Loss
The Art Fifty Two / Make the Works archiving and printing program requires that artists ship their artworks to Art Fifty Two’s digital capturing and archiving facility, Make the Works, in Fairfield, IA. The risk of loss to your artwork during shipping is the responsibility of the artist. However, Art Fifty Two will reimburse the artist for ANY DAMAGE, LOSS OR CASUALTY TO YOUR ARTWORK DURING SHIPPING up to a maximum of $250. THE RISK OF LOSS IN EXCESS OF $250 DURING SHIPPING SHALL BE BORNE BY THE ARTIST. As a result, in order to protect you and your artwork, Art Fifty Two recommends that IF THE VALUE OF YOUR ARTWORK EXCEEDS $250 THAT YOU ACQUIRE ADDITIONAL INSURANCE FROM FEDERAL EXPRESS TO insure your artwork during shipping so that should any damage occur during shipping, you are covered for any financial loss resulting from the damage. When shipping your artwork to Art Fifty Two you should insure it for the value you place on your work. We recommend that you check with your shipper to determine that your artwork is insured for its full value. It is your responsibility to obtain insurance coverage which adequately protects you. When your artwork is received at the Art Fifty Two facility, Make the Works in Fairfield, IA, it will be insured under Art Fifty Two’s insurance up to a maximum of $250 If you choose to have you artwork returned to you, Art Fifty Two will pay for insurance with the shipper UP TO $250 to cover any damage occurring during shipment back to you. HOWEVER, THE RISK OF LOSS TO YOUR ARTWORK DURING SHIPMENT BY Art Fifty Two TO YOU WILL BE BORNE BY YOU AND NOT BY Art Fifty Two.