Terms and Conditions 

Last Updated: July 2023

These Terms and Conditions (“Terms” or “this Agreement”) govern Your (as herein defined) interaction with ArtVid Shop (“Company”), including Company’s Website and/or App. 

Please read these Terms carefully prior to interacting with Company or using Company’s Website or App. Continued interaction with Company, including use and viewing of Website or App or placing an order, constitutes Your acceptance of the Terms and Privacy Policy and creates a legally binding agreement between You and Company, and if you represent an entity or other organization, that entity or organization. If you are entering into this Agreement on behalf of an entity, such as the company you work for, you represent to us that you have the legal authority to bind that entity.

Except as explicitly stated, nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise, any license or right, including those relating to any patent, trademark, copyright, or other intellectual property, proprietary, or other rights of Company or any of its affiliates, or any licensors.

Company Information

Company is ArtVid Shop. 

Select Definitions

“ArtVid Shop,” “Company,” “We,” “Us,” and “Our” refers to ArtVid Shop. 

“Company Parties” refers to Company and its respective past, present and future employees, officers, directors, equity holders, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns. "Company Party" means one of the foregoing, as the case may be.

“Website” refers to ArtVidShop.com and any subdomains.

“App” refers to the ArtVid Shop web or mobile application(s) to the extent available. 

“Services” refers to Company’s photo, video, audio, and other media editing services.

“User,” “You,” and “Your” refer to those visiting and accessing Company Website or App or otherwise interacting with Company, such as by inquiring about the Services or placing an order. If You represent an entity or other organization, “User,” “You,” and “Your” may also refer to that entity or organization. 

1. THIS AGREEMENT. 

1.1 Acceptance. In order to use the Website or App, you must first agree to abide by the terms and conditions set forth in this Agreement.  By clicking a button or checkbox to accept or agree to these Terms where that option is made available or by just accessing the Website or App, Users indicate that they have read and agree to be bound by the terms and conditions set forth in this Agreement. If You do not agree to be bound by this Agreement, do not use Company Website or App or otherwise interact with Company. Furthermore, You do not use the Website or App or otherwise interact with Company if (a) You are not at least eighteen years old or (b) You are barred from using the Website or App or otherwise interacting with Company due to prior violations of this Agreement.

1.2 Modifications. We reserve the right to modify this Agreement at any time. You agree to review this Agreement periodically to be aware of such modifications. You further agree that Your continued use of the Website or App or otherwise interacting with Company after any such modifications have been made shall be deemed to be Your conclusive acceptance of any modified version of this Agreement. We will indicate that changes to this Agreement have been made by updating the date indicated after “Last Updated” at the beginning of this Agreement.  If You do not agree to abide by the initial version or any modified version of this Agreement, then You are not authorized to use the Website or App or otherwise interact with Company.  The current version of this Agreement is accessible via the footer of the Website, App homepage, among other pages. 

2. NATURE OF SERVICES.  

2.1 What Company Provides. Company provides a variety of photo, video, audio, and other media editing services.

3. REGISTRATION AND ORDERING SERVICES. 

3.1 Registrant Profile; Password.  You will only be able to use certain functionality of the Website or App, such as access to an account for the management of a project, if You register with Us.  If You decide to register with Us, You will receive a user ID and password (“Profile”) to access Your registered account (“Account”).  You shall not allow any individual or entity to use Your Profile to access the Website or App, and You shall safeguard the information that would allow any individual or entity to access the Website or App by using Your Profile.  You are responsible for Your failure to safeguard such information and/or to allow any other individual or entity to access or use the Website or App by using Your Profile or Account.  You may not sell or otherwise transfer Your Profile or Account or any portion thereof.  You shall notify Company immediately of any unauthorized use of Your Profile, Account, or any portion of the Website or App.  Company shall not be liable for any loss that results from the unauthorized use of Your Profile or Account, either with or without Your knowledge.

3.2 Accurate Information. You shall provide Us with accurate, complete, and current information during registration, and You shall update all information provided to Us or otherwise requested by Us if and as soon as such information changes. Further, We expect You to provide us with accurate and comprehensive information about the purposes, use, and affiliation of the project We provide Our Services for. 

3.3 Disabling or Revocation of Account. We have the right to cancel Your registration and Account for any reason (without having to specify the reason) or for no reason at any time, as determined by Us in Our sole discretion, including without limitation, if We believe User has violated this Agreement.  If We disable access to Your Account, You may be prevented from accessing the Website or App, Your Account details and/or any files or other Website or App materials, including, without limitation, all photographs, audio, video, and other content appearing on the Website or App (collectively, “Content”) which are contained in or accessible through Your Account, all of which may be deleted by Us.  Such termination will mean that You will also lose access to all of Your Submitted Content (as hereinafter defined) and Final Content (as hereinafter defined).

3.4 Cessation or Modification of Services.  The form and nature of the Services and features offered, including but not limited to, via the Website or App, may change from time to time without prior notice to You, and all content, including Submitted Content and Final Content, may be permanently deleted.  We may stop (permanently or temporarily) providing all the Services or certain features to You at Our sole discretion without prior notice to You. 

3.5 Ordering the Services. Company reserves the right to decide if it will work on any project at its sole discretion. Further, You may not place an order for the Services and Company will not work on projects with content or affiliation that is political, cruel, violent (other than duly licensed contact sports), hateful, sexually explicit, obscene, or that otherwise may harm, hurt, defame, or humiliate anyone in any way.

4. CONDUCT.

4.1 Conduct of Users.  Users agree to submit to Company, including via the Website or App, only content that complies with the provisions of this Agreement. Users further agree to pay and not contest the Company Fees described in Section 5.1 below.

5. FEES.   

5.1 Our Fees.   Users may place an order with Us and will be obligated to pay Us the applicable fees for any purchased Services as described on the Website or App and agreed upon in writing (collectively, "Fees"). Unless otherwise stated, all Fees are quoted in U.S. Dollars. We reserve Our right to modify the Fees at any time. 

5.2 Processing Fees; Information.  In order to process the Fees paid by You, You will be asked by Us to supply certain payment information, including, without limitation, Your full name, address, credit card, or other banking information.  You shall provide Us with accurate, complete, and current information at all times and comply with the terms and conditions of this Agreement and any ancillary agreement by Our payment provider(s) or otherwise in connection with Your payment of Fees. Company and/or such a provider may store and use Your payment information for processing payments and related reasons and otherwise in connection with Your requests. If Your payment method fails or Your account is past due, We reserve the right to collect Fees owed using other collection mechanisms (including, without limitation, deducting the amount owed from Your payment method(s) and for accounts over a certain number of days past due, retaining collection agencies and/or legal counsel). 

5.3 Charges of Fees.  If any payment of Fees cannot be charged to Your chosen payment method or if a charge is returned or rejected for any reason, including without limitation, by means of a chargeback, We reserve the right to suspend or terminate Your Account, which may involve the deletion of all content, including Your Submitted Content and Final Content.  You are fully responsible for all charges made under Your Account. 

5.4 Refund of Fees.  Refunds are processed in line with our Pricing Policy which can also be viewed on the homepage of the Website or App. In the event that We charge You any Fees in error, You shall be refunded to the original method of payment for such mistakenly charged Fees upon either (i) Our receipt of written notice by You regarding Your claim that such an error has been made, and the independent verification by Us after We have undertaken a good faith review to investigate said claim or (ii) Company independently learning of and verifying that such an error has occurred. Any refund provided by Us shall be Your sole remedy for any erroneous charge of Fees by Us or any person working on Our behalf. 

5.5 Fee Increases.  At any time, at Our sole discretion, We may decide to increase the Fees for Our Services.  In such an event, the list of Our Fees shall be updated by Us.

5.6 Taxes. You and Company are each responsible, as required under applicable law, for identifying and paying all respective taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed with respect to the transactions and payments under this Agreement. 

6. SUBMITTED CONTENT; REVIEW OF SUBMITTED CONTENT; USAGE RESTRICTIONS; FINAL CONTENT. 

6.1 Submitted Content.  In connection with the provision of Company’s Services, Company provides You the ability to submit certain content, such as via the Website or App, including, without limitation: text, photos, videos, audio, and other media (“Submitted Content”). You acknowledge and agree that (i) Company has no obligation to use or respond to any Submitted Content; (ii) the provision of Submitted Content in no way imposes any other obligation on Company; (iii) all Submitted Content shall not violate the copyright, trademark, patent, trade secret, right of publicity or any other intellectual property or other right of any individual or entity, including in relation to the proposed use of the Submitted Content in the agreed upon Services; (iv) You will not provide any Submitted Content which contains Trademarks (as hereinafter defined) or other materials prohibited under this Agreement or otherwise by applicable law or regulation, (v) You hereby waive any and all claims (including, without limitation, claims based upon invasion of privacy, defamation, false light, or right of publicity) arising out of any alteration, distortion or other use of Your name, image or likeness or that of any third party which is included in any Submitted Content (including without limitation, Your photograph or the photograph of a third party), (vi) You shall pay all royalties, fees and any other monies owing or owed to any individual or entity by reason of any Submitted Content that You provide to Company for use in the agreed upon Services, (vii) Submitted Content may be subject to size limitations, and You are responsible for adhering to such limitations, and (viii) all Submitted Content shall comply with the provisions of Section 6.3 hereof specifically and all other applicable sections of this Agreement and any applicable law or regulation.  Without limiting any other provisions of this Agreement, if any of Your Submitted Content includes the name, image, or likeness of any person, You represent and warrant that You have the exclusive and irrevocable right to exploit and to permit others to exploit the name, image, and likeness of such person, and to use any photograph and/or other image or video of such person however reproduced or depicted, in Your sole discretion, and that such use is free and clear of any obligation of compensation to You or anyone else, and You hereby transfer any such rights to Company to the extent necessary for such Submitted Content to be used in the agreed upon Services without Company incurring any liability whatsoever. 

6.2 Quality and Review of Submitted Content.  Company shall not have any obligation to review Submitted Content. We do not guarantee the accuracy, integrity, or quality of any Submitted Content, and We do not assure that harmful, inaccurate, misleading, deceptive, offensive, threatening, defamatory, unlawful, or otherwise objectionable material will not be present in Submitted Content.  Notwithstanding the foregoing or anything to the contrary in this Agreement, Company has the absolute right (but not the obligation) to screen, review, flag, filter, and monitor all Submitted Content as determined by Us in Our sole discretion and that Company reserves the right to alter, edit, refuse to provide Services or remove any Submitted Content, in whole or in part, for any reason or for no reason, and to disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process or governmental request and to protect ourselves, Users, or Our service providers, all as determined by Us in Our sole discretion. Further, You agree not to represent or suggest, directly or indirectly, Company's endorsement of Submitted Content. 

6.3 Grant of License to Submitted Content.  By providing Submitted Content to Company, You represent and warrant that You have the right to, and unconditionally and automatically grant to Company a non-exclusive, perpetual, irrevocable, worldwide, fully-paid, transferable right and license, with the right to sublicense through multiple tiers, under all of Your intellectual property rights and other relevant rights in the Submitted Content, to reproduce, modify, create derivative works of, distribute, publicly perform, publicly display, digitally transmit, and otherwise use the Submitted Content in connection with providing the agreed upon Services. 

6.4 Usage Restrictions. You also agree not to use the Website or App or otherwise interact with Company in any manner that:

(a) is designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;

(b) interferes with or disrupts the Website or App, websites connected to the Website, or otherwise interferes with operations or the Services of Company in any way;

 
(c) copies, modifies, creates a derivative work of, reverse engineers, translates, adapts, decompiles (or attempts to translate, adapt or decompile), or otherwise attempts to extract any software underlying the Website or App;

(d) infringes any copyright, trademark, trade secret, patent, or other right of any party (including the promotion of an illegal or unauthorized copy of another person's copyrighted work), or defames or invades the publicity rights or the privacy rights of any person, living or deceased (or impersonates any such person);

(e) is false, misleading, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, all as determined by Us in Our sole discretion;

(f) causes Us to lose (in whole or part) the services of Our internet service providers or other suppliers;

(g) consists of any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

(h) links to or uses materials or other content, directly or indirectly, to which You do not have a right to link or use; or

(i) violates or encourages others to violate this Agreement or any ancillary agreement to this Agreement, or violates or encourages others to violate any applicable local, state, national, or international law.

6.5 Stock Photos, Stock Videos, Stock Audio, And Other Stock Media. Company may use stock photos, videos, and/or audio under specific licenses, which may only allow Company to make use of said photos, videos, or audio for specific purposes or specific projects or for a limited number of projects. Therefore, if You decide to utilize the stock photos, videos, or audio provided by Company for a different project or purpose than initially provided for in the Final Content, an additional license may be required, and You must inquire with Company to attain the relevant information for securing said additional license from the owner of the stock photos, videos, or audio. Company shall not be liable for Your infringing or otherwise unauthorized use of stock photos, videos, or audio provided by Company. 

6.6 Final Content. Upon full receipt of all applicable Fees and completion of the provision of the agreed-upon Services, Company agrees to assign, transfer, and convey to You all intellectual property and proprietary rights to the completed photo, video, and/or audio content (Final Content). Company shall further assist You, at Your expense, to further evidence, record, and perfect such assignments and to obtain, maintain, enforce, and defend any rights specified to be so owned or assigned. You hereby acknowledge and agree that You are solely responsible for the substance of such Final Content, including but not limited to: (a) providing any disclaimers, notices, or other content that may be required in the Final Content, including but not limited due to legal, licensing, laws or regulations, or any other requirements; and (b) substantiating any claims set forth in the Final Content. Company may request that You grant Company a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to use, copy, display, and distribute the Final Content for marketing and advertising purposes, but You have no obligation to grant said request. You agree not to represent or suggest, directly or indirectly, Company's endorsement or approval of Final Content. Company reserves the right to designate a project as complete with the status of Final Content where feedback or confirmation of completion has not been received within twenty-eight (28) calendar days from either partial or full delivery of the agreed-upon Services. 

7. INTELLECTUAL PROPERTY.

7.1 Proprietary Rights.  The Website or App contains various content which is protected by copyright, trademark, and other laws of the United States and/or other jurisdictions. Other than for Submitted Content, Final Content, and third-party Trademarks and/or other third-party intellectual property appearing on the Website or App, as between You and Company, all right, title, and interest (including without limitation all copyright, trademark, patent, trade secret, and other intellectual property rights) in and to Website or App (including without limitation all content appearing therein) belongs to Company, and Users have no rights in and to the Website or App other than as expressly set forth in this Agreement.  Except for that information which is in the public domain or for which You have been given express written permission by Company, no content may be sold, copied, reproduced, republished, uploaded, displayed, posted, transmitted, distributed, modified, publicly performed, used in any derivative works based thereon or otherwise used for any public or commercial purpose without the prior written consent of Company or, where applicable, Our licensors. However, You may print copies of materials on the Website or App for Your personal, noncommercial use only, provided that You must keep intact all copyright, trademark, and other proprietary notices appearing therein and that You use such materials solely in the manner permitted by this Agreement, and not in any manner which competes with Company.

7.2 Copyright Agent.  The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If You believe that Your work has been copied and posted to the Website or App in a way that constitutes copyright infringement, please provide Our copyright agent with the following information: (i) an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that You claim has been infringed; (iii) a description of where the material that You claim is infringing is located on the Website or App; (iv) Your address, telephone number, and e-mail address; (v) a written statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner's behalf. Any notification by a copyright owner or a person authorized to act on such owner's behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon Company actual knowledge of facts or circumstances from which infringing material or acts are evident.  Company's copyright agent for notice of claims of copyright infringement can be reached as follows:

Name: ArtVid Shop 

Address: 1750 Prairie City Road

Suite 130-1133

Folsom, CA 95630

Email: hello@artvidshop.com

We suggest that You consult with legal counsel before filing a notice with Company's copyright agent.  You should note that there can be penalties for false claims under the DMCA.  

Company will, in appropriate circumstances and to the extent plausible, terminate the right of Users who infringe the rights of copyright holders to interact with certain or all portions of the Website or App.   

If You receive a notification from Company concerning claimed infringement, You will have the right to provide Company with a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Company’s copyright agent through the method(s) identified above, and include substantially the following information: (a) Your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if You are residing outside of the United States, then for any judicial district in which Company may be found, and that You will accept service of process from the person or entity that claimed infringement or an agent of that person. A party submitting a Counter Notification should consult a lawyer and see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.

7.3 Trademarks.  ArtVid Shop is a Trademark (as hereinafter defined) of Company.  All other Trademarks appearing on the Website are the property of their respective owners.  Company is not affiliated with, or sponsored or endorsed by, any other third party Trademark owner whose Trademark appears on the Website or App, and Company does not sponsor or endorse any third party Trademark or its owner.  As used herein, the term “Trademarks” means, collectively, all trademarks, service names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, and trade dress appearing on the Website or App which indicate a source of goods or services.  Trademarks are protected by the trademark laws of the United States and/or other applicable jurisdictions.  You may not use, copy, reproduce, republish, distribute, or modify any Trademarks in any way, including, without limitation, the distribution of content on the Website or App as permitted by this Agreement, without Our prior written consent or the consent of such third party Trademark holder, as applicable.     

7.4 Removal of Notices.  You shall not remove, obscure, or alter any proprietary rights notices (including copyright and Trademark notices) which may be affixed to or contained within any content on the Website or App, and You shall abide by all such notices.

8. THIRD PARTIES.  Under no circumstances will Company be liable in any way for any content or materials of any third parties.

9. LINKS.  The Website or App may contain links to other websites or apps (collectively, “Linked Sites”). None of the Linked Sites are under the control of Company, and Company is not responsible for the content of any Linked Site, including without limitation, any link contained in a Linked Site, any changes or updates to a Linked Site, or the availability of Linked Site, and Company does not endorse and is not responsible or liable for any content, advertising, services, products, or other materials on or available through a Linked Site. Company is not responsible for any form of transmission received from or through any Linked Site whatsoever, including without limitation for any viruses.  The inclusion of any such Linked Sites does not imply an endorsement by Company of a Linked Site or any association with its operators or owners, nor is it an implication that Company is endorsed by the operators or owners of any Linked Site. Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, advertising, services, products, or other materials on or available from a Linked Site. All of Your activity on or in connection with any Linked Site shall be subject to the policies and procedures of the owner of such Linked Site and not subject to this Agreement. 

10. RELEASE.  You hereby release Company and each of the other Company Parties from all claims, liability, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with a dispute between You and any third party in connection with Your use of the Website or App, directly or indirectly. 

11. REPRESENTATIONS, WARRANTIES, AND COVENANTS.  You represent and warrant that (a) You have all rights, power and the full legal authority to enter into this Agreement on Your own behalf or on behalf of Your employer or other entity, as the case may be, (b) You have carefully read this Agreement and shall comply with all of Your obligations under this Agreement, including without limitation the disclaimers set forth in Sections 13 and 14 hereof, (c) You accept and will abide by the terms of this Agreement, the Privacy Policy, and any other ancillary terms and conditions posted on the Website or App, (d) the provision of Submitted Content by You does not and shall not violate any terms and conditions to which You are bound under this Agreement, any other applicable agreement, or any applicable laws or regulations, (e) You are solely responsible for (and Company has no responsibility to You or to any third party regarding) all Submitted Content and Final Content and for the consequences of Your actions, including without limitation any loss or damage which any of the Company Parties may suffer related to such Submitted Content, Final Content, or the enforcement of any rights by You in and to such Submitted Content or Final Content, and (f) this Agreement is enforceable against You in accordance with its terms and conditions. 

12. INDEMNIFICATION. You shall indemnify, defend and hold harmless Company and each of the other Company Parties from all claims, demands, actions, causes of action, and/or lawsuits (each, a "Claim" and collectively, "Claims") and all resulting costs, liabilities, losses, expenses, and damages, actual and consequential, direct and indirect, of every kind and nature, including without limitation reasonable attorneys' fees and disbursements (collectively, "Losses"), made by any third party due to or arising out of Your (a) breach of any of Your representations, warranties, covenants made or obligations undertaken in this Agreement, (b) negligence or misconduct, or (c) violation of any law or regulation. You shall immediately provide all applicable Company Parties with prompt written notice of any Claim or potential Claim of which You become aware. Upon the assertion or commencement of any Claim against one or more of the Company Parties by any third party that may give rise to liability of any of such Company Party hereunder, You shall assume the control of the defense of such Claim at Your sole expense with counsel reasonably acceptable to each such applicable Company Party; provided, however, that each such applicable Company Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion after You assume the control thereof.  You shall not enter into any settlement of any Claim which any of the Company Parties believes is adverse to its interests without receiving the prior written consent of each of the Company Parties affected by such Claim, and in no event shall any of the Company Parties be obligated to participate in any settlement which any such Company Party reasonably believes would have an adverse effect on such Company Party’s interests.     

13. DISCLAIMER OF WARRANTIES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN SECTIONS 13.1 AND 13.2 BELOW:

13.1 YOUR SOLE RISK.  YOUR USE OF THE WEBSITE OR APP IS AT YOUR SOLE RISK, AND THE WEBSITE AND APP ARE PROVIDED "AS IS."  NONE OF THE COMPANY PARTIES ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE WEBSITE OR APP, INCLUDING WITHOUT LIMITATION ALL CONTENT PROVIDED THROUGH THE WEBSITE AND APP, AND NONE OF THE COMPANY PARTIES MAKES ANY PROMISE OR GUARANTY, IN ENABLING YOU TO MAKE USE OF THE CONTENT OR OTHER WEBSITE OR APP FEATURES.  NOTHING IN THIS AGREEMENT SHALL CREATE ANY EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION BY COMPANY. IN PARTICULAR, EACH OF THE COMPANY PARTIES EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS THAT (A) YOUR USE OF THE WEBSITE OR APP WILL MEET YOUR EXPECTATIONS OR NEEDS, (B) YOUR USE OF THE WEBSITE OR APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS OR OMISSIONS, (C) DATA AND OTHER INFORMATION APPEARING ON WEBSITE OR APP WILL BE ACCURATE, RELIABLE, COMPLETE, CURRENT OR SUCCESSFUL, (D) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE WEBSITE OR APP WILL BE CORRECTED OR UPDATED, AND (E) WE ARE IN ANY WAY LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER THAT MAY DIRECTLY OR INDIRECTLY RESULT FROM ANY INFORMATION, GUIDANCE, SUGGESTION, ADVICE, OPINION, REPRESENTATION OR OMISSION, WHETHER ARISING FROM OUR NEGLIGENCE OR OTHERWISE, WHICH APPEARS ON THE WEBSITE OR APP. 

13.2 NOT RESPONSIBLE FOR SUBMITTED CONTENT. NONE OF THE COMPANY PARTIES ENDORSES OR IS RESPONSIBLE FOR ANY SUBMITTED CONTENT OR OTHER THIRD-PARTY CONTENT WHICH APPEARS ON THE WEBSITE OR APP.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT, AND NONE OF THE COMPANY PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION, OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE ALLEGED TO HAVE HAPPENED OR WHICH HAS HAPPENED DIRECTLY OR INDIRECTLY THROUGH YOUR USE OF THE WEBSITE OR APP.  SPECIFICALLY, EACH OF THE COMPANY PARTIES DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH YOUR USE OF THE WEBSITE OR APP.

14. LIMITATION OF LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO EACH OF THE PROVISIONS SET FORTH IN SECTIONS 14.1, 14.2, AND 14.3 BELOW AND THAT IT IS THE INTENTION OF YOU AND COMPANY THAT THESE PROVISIONS BE CONSTRUED BY A COURT AS BEING THE BROADEST LIMITATION OF LIABILITY CONSISTENT WITH APPLICABLE LAW AND THAT YOU AGREE THAT THE LIMITATIONS OF DAMAGES SET FORTH BELOW ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU.

14.1 LIMITED LOSSES AND DAMAGES.  IN NO EVENT SHALL ANY OF THE COMPANY PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR APP, WHETHER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, OR ANY OTHER INTANGIBLE LOSS OR DAMAGE.  WITHOUT LIMITING THE FOREGOING, NONE OF THE COMPANY PARTIES SHALL BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) ANY SUBMITTED CONTENT, (B) ANY RELIANCE PLACED BY YOU ON ANY CONTENT POSTED BY COMPANY, INCLUDING WITHOUT LIMITATION ANY TECHNICAL, TYPOGRAPHICAL, PHOTOGRAPHIC OR OTHER ERRORS, (C) ANY CHANGES WHICH COMPANY MAY MAKE TO THE WEBSITE OR APP, (D) ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE WEBSITE OR APP BY COMPANY (OR ANY FEATURES CONTAINED ON THE WEBSITE OR APP), (E) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT, INCLUDING WITHOUT LIMITATION SUBMITTED CONTENT OR FINAL CONTENT, (F) YOUR FAILURE TO PROVIDE US WITH (I) IMMEDIATE NOTICE OF ANY BREACH OF THIS AGREEMENT BY YOU OR ANY USER OF WHICH YOU BECOME AWARE, OR, (II) YOUR FAILURE TO KEEP YOUR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL.

14.2 CAP ON LIABILITY.  IN NO EVENT SHALL ALL OF THE COMPANY PARTIES' AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR APP EXCEED THE LESSER OF (I) THE CUMULATIVE AMOUNT OF THE FEES PAID BY YOU TO COMPANY (IF APPLICABLE) IN THE SIX (6) MONTH PERIOD PRECEDING A CLAIM ARISING IN CONNECTION WITH SUCH LIABILITY, OR (II) ONE HUNDRED DOLLARS ($100).

14.3 EXCLUSIONS.  THE ABOVE LIMITATIONS OF LIABILITY OF THE COMPANY PARTIES TO YOU IN THIS SECTION 14 SHALL APPLY WHETHER OR NOT ANY COMPANY PARTY HAS BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF, THE POSSIBILITY OF ANY LIABILITIES, LOSSES OR DAMAGES ARISING IN CONNECTION WITH THE WEBSITE OR APP.  SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES.  ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN SECTIONS 13 OR 14 HEREOF MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

15. NO ENDORSEMENT.  The owners of any third-party Trademark or copyright appearing on the Website or App are not sponsors of Company or the Website or App and have not endorsed and are not affiliated with Company, or the Website or App, and Company is not a sponsor and does not endorse any such third parties.  

16. NO AGENCY.  No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created between You and Company by this Agreement or by Your use of the Website or App.

17. PRIVACY.  Company views the protection of Your privacy as an important responsibility.  The terms regulating the processing of personally identifiable information (“PII”) and other information submitted by You in connection with the Website, App, and other interaction with Company is described in Our Privacy Policy, which can be found at this link.  By using the Website or App, You consent to the processing of Your PII and other information by Company as described in the Privacy Policy.

18. GOVERNING LAW; JURISDICTION. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, excluding conflict of laws provisions thereof.  You hereby agree to the personal and exclusive jurisdiction by and venue in the courts located within the County of Sacramento, State of California, and to receive service of process through certified mail or by other means sanctioned by law, and the parties expressly waive any claim of improper venue and any claim that such courts are an inconvenient forum.

19.        TIMELY FILING OF CLAIMS.  YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR APP, INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE OR APP, MUST BE FILED BY YOU PURSUANT TO SECTION 18 ABOVE WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.  

20. NOTICES.  All notices hereunder to Us shall be given by certified mail, postage prepaid and return receipt requested, to:1750 Prairie City Road, Suite 130-1133, Folsom, CA 95630, with an electronic copy to: hello@artvidshop.com.  Notice shall be deemed given three (3) days after the date of such mailing, and in the case of electronic mail, upon the sending of such message. We may provide any notice to You using commercially reasonable means, including: (i) posting a notice on Website or App; (ii) sending a message to the email address then associated with your Account; or (iii) using public communication channels. Notices we provide by posting on Website or App or using public communication channels will be effective upon posting, and notices We provide via email will be effective when We send the email. It is Your responsibility to keep Your email address current to the extent You have an Account. You will be deemed to have received any email sent to the email address then associated with your Account when We send the email, whether or not You actually receive the email.

21. ASSIGNMENT. You shall not resell or assign Your rights, duties, or obligations under this Agreement, and any attempted assignment or delegation of such rights, duties, or obligations will be void and of no force or effect whatsoever.  This Agreement may be freely assigned by Company, at Our sole discretion, to a third party, and such an assignment will inure to the benefit of Our successors, assigns, and/or licensees. Without limitation of the foregoing, We may sell, transfer or otherwise share some or all of Our assets, including, without limitation, Your PII, with any parent company, subsidiary, or entity under Our common control, as well as with a potential acquirer, including without limitation, in connection with a merger, reorganization, or sale of assets, or in the event of a bankruptcy.  In each such event, the PII We have collected from You may be one of the assets transferred.

22. VALIDITY; SECTION HEADINGS.  If any provision of this Agreement is held to be invalid, illegal, void or unenforceable by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force, and effect, and the application of such provision to other persons or circumstances will be interpreted reasonably to effect the intent of the parties. Section headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section.

23. WAIVER.  Our failure to act with respect to a breach by You or others does not waive Our right to act with respect to a subsequent or similar breach or subsequent or similar breaches.  If Company does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which Company has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of Company’s rights, and all such rights or remedies shall still be available to Company.

24. FORCE MAJEURE. Company will not be liable for any default or delay in the performance of its obligations hereunder if and to the extent such default or delay is caused directly by fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, pandemic, epidemic, riots, civil disorders, rebellions or revolutions in any country, or any other similar cause beyond the reasonable control of Company.

25. SURVIVAL.  The provisions of this Agreement which by their nature should survive termination or expiration, shall survive termination or expiration, including, without limitation, provisions concerning intellectual property rights, rights to Fees, warranty disclaimers, and limitations of liability.

26. TERMINATION AND SURVIVAL.  These Terms will continue to apply until terminated by either You or Company. Company may terminate these Terms (including any additional terms and conditions incorporated herein) and/or suspend Your Account at any time if We believe you have breached any of these Terms, if We stop providing the Website, App, related offerings, or any material component thereof, or as We believe necessary to comply with applicable law. If You or Company terminate these Terms, or if Company suspends Your Account, You agree that Company shall have no liability or responsibility to You (except as expressly provided in these Terms). You may terminate these Terms at any time, in which case you may not continue accessing or using the Website or App or related offerings. To learn how to terminate Your Account, please contact Company via the information under “Contact Us.” The provisions of this Agreement which by their nature should survive termination or expiration, shall survive termination or expiration, including, without limitation, provisions concerning intellectual property rights, rights to Fees, warranty disclaimers, and limitations of liability.

27. RESIDENTS OF CALIFORNIA. Residents of California are entitled to the following specific consumer rights information: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov.