Terms of Service
1. Acceptance of Terms
Welcome to Art Schema’s (“Art Schema”) Terms of Service. Your use and access to our website building services (“Services”) is subject to these Terms of Service (“Terms”). These Terms are also applicable to your use of the Services on a trial basis. They explain what is allowed when using our Services, the rights you have as a user of our Services and the rights we have if you do something which is not allowed when using our Services.
In conjunction with your access or use of the Services, you may by subject to additional terms, policies and conditions posted on the Website, including terms and conditions for our referral program, which are hereby incorporated by reference into these Terms.
If you’re using the Services for an organization, you’re agreeing to this Agreement on behalf of that organization.
If you disagree with these terms and conditions, you may not use or access the services.
These Terms are the entire agreement between you and Art Schema.
Please read this Agreement carefully! If you have any questions about this Agreement, please contact us at email@example.com.
In order to use the Services, you must first register and create an account (“Account”). You agree to provide us with accurate, complete and updated information when you register for the Services.
You are solely responsible for your Account and any activity on it, whether or not specifically authorized by you, as well as maintaining the confidentiality of your username and password, and for any damages, expenses or losses that may result from such activities. You agree to immediately report to us of any unauthorized use of your Account or any other breach of security.
By registering for or using the Services, you represent that you are at least the age of majority in your state or province of residence and are over the age of majority in your country of residence.
If you are registering for and using the Services on behalf of another party, entity or organization, you warrant that you are authorized to bind that party, entity or organization to this Agreement and to act on behalf of that party, entity or organization while using the Services.
If someone else is paying for your Services, you are authorizing Art Schema to give that person access to your Account, including in the event of your death or incapacity.
In case the ownership of an Account is disputed between one or more parties, we reserve the right, in our sole discretion, to determine ownership to an Account. However, if we can’t reasonably determine the rightful owner of the Account, we reserve the right to avoid doing it, to suspend an Account or website until a resolution is reached by the disputing parties, without liability to any party.
3. Your Content
You own all rights to any content uploaded by you or by users of any of your websites (“Content”), including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials. Art Schema does not claim any ownership of your Content.
For the purpose of granting you the service you agree to give us your permission to host your Content on the Services, as well as make archival or back-up copies of your Content and your websites hosted through the Services (“Websites”). This permission exists only as long as you continue to use the Services or remain an account holder.
Your grant to Art Schema a non-exclusive, royalty-free, worldwide right and license to use your Websites or any portion thereof for the limited purpose of Art Schema’s marketing and promotional activities, online and offline. For example, we may feature your Websites on artschema.net (“Site”), or on our social media accounts. You waive any claims against Art
Schema relating to any moral rights, artists’ rights or any other similar rights worldwide that you may have to your Websites and Content with respect to such limited permitted uses, and any right of inspection or approval of any such use of your Websites. If you don’t want your Websites to be featured, you can opt out at anytime by contacting us at firstname.lastname@example.org.
You understand and agree that the technical processing of the Content may involve transmissions over various networks, as well as changes to conform to technical requirements of those networks and devices.
4. Content and Obligations
You are solely responsible for your Content and any transactions or other activities conducted through your Websites.
You represent and warrant to Art Schema that you have all the necessary rights to post, publish, display, transmit, distribute or otherwise make available your Content and your posting or distribution of such Content does not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.
Your Websites may have their own visitors and users (“End Users”). You understand and agree that your Websites and your End Users are your responsibility, and you’re solely responsible for compliance with any laws or regulations related to your Websites and your End Users.
You represent that your use of the Services is not contrary to all applicable laws and any other contractual terms with respect to your use of the Services, including the specific laws applicable to you or your End Users in any of your geographical locations.
You agree to regularly save and backup any of your Content regarding your Websites.
5. Use of the Services
5.1 You are granted with a limited, non-exclusive, non-transferable license to the Art Schema’s technology and services only in accordance with this Agreement. You agree and undertake not to directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to access things such as source code or algorithms from any of the Services.
5.2 You agree that you will not breach and bypass security or authentication measures to access the Services.
5.3 Art Schema is not responsible for any loss or damage, as well as delay or failure in the Services due to a failure of computers, communication networks, software, access to the Internet required to use the Services outside our control. You are solely responsible for ensuring that all your Content and your Websites are compatible with the hardware and software used by Art Schema to provide the Services.
5.4 From time to time, Art Schema may make improvements, upgrades or modifications to the Services available to its customers.
5.5 You are required to provide all the necessary information while using our technical support services to aid our investigation into issues or problems with regard to your use of the Services. For the purpose of providing you support services you agree to grant Art Schema permission to access your account to resolve your issue.
5.6 Art Schema reserves the right to not provide technical support service if you breach this Agreement, refuse to implement changes recommended by Art Schema or are abusive toward our staff in any manner.
5.7 You agree not to upload, post, display any Content that is unlawful, harmful, defamatory, threatening, harassing, abusive, racist, obscene, or violates the rights of ArtSchema or any third party (including property rights, privacy or publicity rights).
5.8 You undertake not to use “robot”, “spider” or other automatic programs, scripts, algorithms or any other similar methods to access, copy, acquire our Services.
5.9 You agree not to act in a manner which might be perceived as damaging to our reputation and goodwill or which may bring harm to our Services.
5.10 You undertake not to impersonate any person, company or entity, falsely state and misrepresent your affiliation with any person or entity, or provide false information on the Services and/or your Websites.
5.11 You are not allowed to probe, scan, or test the vulnerability of the Services or any networks connected to our Services.
5.12 You are not allowed to upload to the Services and/or your Websites any program, computer code or files that may or is intended to damage, interrupt, limit or hijack the operation of any hardware, software or telecommunications equipment and the functionality of the Services.
5.13 You are not allowed to take any action that imposes an unreasonable load on our infrastructure or networks connected to our Services, or the servers or networks that host them.
5.14 You are not allowed to use any of our Services and your Websites in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “pyramid schemes” or similar activities, or otherwise engage in unethical marketing or advertising.
5.15 You are not allowed to use the Services on any network or system other than those provided by Art Schema unless previously authorized by Art Schema.
5.16 You are not allowed to sell, license or exploit for any commercial purposes any use of or access to the Websites and/or Services, except as expressly permitted by this Agreement.
5.17 You are not allowed to remove or alter any copyright notices, watermarks and signs indicating proprietary rights of any of our licensors, contained in or accompanying our Services.
5.18 You undertake not to use the Services in violation of any applicable laws and regulations, including without limitation all local laws regarding online conduct, data privacy and acceptable content.
You acknowledge and agree that violation of any of these polices may result in the termination of your Account and the Services provided to you - with or without further notice to you, and without any refund of amounts paid for the Services.
6. Our intellectual property
All trademarks, service marks, logos or other brand features utilized by the Services are the property of Art Schema or their respective owners. Art Schema grants you a non-exclusive, non-transferable, limited license to use the Services to generate and display you Websites solely in accordance with these Terms. These Terms do not grant you any right or interest in the Services and Art Schema’s intellectual property. You agree not to change, translate or otherwise create derivative works of the Services, sell or otherwise attempt to transfer any right in the Services, commercially exploit the Services and not to limit or interfere with Art Schema’s intellectual property rights.
If you provide us with any feedback, suggestions or other comments (“Feedback”) relating to our Services, you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. You hereby waive any moral rights, artists’ rights or any other similar rights worldwide to such Feedback.
7. Collection and Use of Personal Information
Art Schema respects intellectual property rights and responds to notices of alleged copyright infringement. You may notify us of such infringement as described in our Copyright Policy.
9. Third party services and websites
Art Schema reserves the right, at any time and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any damage you may experience as a result thereof.
You understand that by using Art Schema you may be exposed to third party content that is offensive, objectionable, inaccurate, harmful or violates right of third parties. Any such third party content accessed through the Services does not imply our affiliation or endorsement of such Content. We do not control such content, and you understand and agree that Art Schema is not responsible for any such content uploaded, published or otherwise made available via the Services.
10.1 Paid Services. The access and use of certain Services may be subject to payment of fees (“Paid Services” and “Fees”, respectively). For example, you will need to pay subscription fees to publish your Websites publicly. You will be notified of such Fees before being charged. If you wish to access and use these Paid Services, you are required to pay all applicable Fees. We reserve the right to suspend or cancel your access to those Paid Services if you don’t pay those Fees on time. Paid Services will remain in effect until cancelled or terminated in accordance with this Agreement.You may cancel Paid Services at any time via the Services or by contacting us at email@example.com.
We reserve the right to change our Fees at any time. New fees will not apply retroactively. You will be notified of these fee changes via the services if such changes may affect your existing subscription Fees. If you receive a discount or other promotional offer, Art Schema shall have the right to automatically renew your subscription at the then current non-discounted price listed on our pricing page.
10.2 Taxes. To the extent permitted by law, all Fees are exclusive of all federal, state, local or other taxes (“Taxes”), including value added tax, sales tax, etc., and you are responsible for all applicable Taxes relating to your use of the Services and any payments made by you. Taxes may be charged in addition to the Fees when required to do so.
10.3 Automatic Renewals. In order to ensure that you do not experience interruption of Services, the Paid Services operate with automatic renewal. You are billed automatically from your initial payment date and at the end of the subscription period for a period equal in time to your original subscription period until cancellation. You may cancel your subscription prior to the next billing date to avoid future charges. If you do not wish your subscription to auto-renew, you may uncheck the auto-renew box in your Account prior to the end of your current subscription term or contact us at firstname.lastname@example.org. You will be charged the applicable Fees with the payment method you have on file with us. We reserve the right to charge for the additional renewal period 14 days before the start of that renewal period. If you fail to pay your due Fees we may suspend or cancel your user Account and Websites, without further notice.
10.4 Refunds. While you may cancel Paid Services at any time, no refund is applicable, except if legally required. The refund amount may differ from the amount you were charged due to currency changes and third party fees.
10.5 Chargebacks. If you decline, chargeback or otherwise reverse the charge of your payable bills on your Account (“Chargeback”), Art Schema may automatically terminate your Account. If you have any billing problems regarding your payments to Art Schema, we encourage you to contact our Support Service before filing a Chargeback. We reserve the right to dispute any Chargeback and you may be liable for its applicable Fees, expenses incurred by Art Schema and Third Party Services for the Chargeback received and re-payment of all the Fees applicable to the Services purchased by you.
This Agreement shall remain in effect until your Account is terminated as set forth herein.
You may terminate this Agreement at any time by contacting us at email@example.com or by ceasing to use the Services.
After cancellation, you will not have any access to your Websites and we may delete all information on your Websites. We have no obligation to archive or back-up your Content and we accept no liability for such deleted information or content. You acknowledge the fact that even if your Content is deleted from your Websites, it may remain in our archives and we shall be under no obligation to preserve, delete or provide you a copy of such Content. If you terminate your Account, we will have no obligation to refund any Fees you may have paid for Paid Services. Your subscriptions to Paid Services will be discontinued upon the expiration of the respective period for which you have already made payment. If you wish to cancel the next automatic renewal of your Payment Services, you should make the cancellation request at least fourteen (15) days prior to the expiration of the then-current service period due to the time required for the cancellation process.
ArtSchema reserves the right to suspend your Account or terminate your access or use of the Services at any time at our sole discretion, with or without notice, and with no liability of any kind to you. We may suspend or terminate your use of the Services if you fail to comply with any of these Terms and/or to make any due payments.
All sections of this Agreement that by their nature should survive termination will remain in force, including without limitation intellectual property rights, warranty disclaimers, limitation of liability, indemnification, dispute resolution and the provisions appearing in the “General” section.
12. Warranty Disclaimer
You acknowledge and agree that your use of the Services is at your sole risk. The services are provided on an “as is” and “as available” basis, without any kind of warranties, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement – to the fullest extent permitted by law. Art Schema makes no warranty or representation that the services (a) will meet your requirement or expectations, (b) will be uninterrupted, timely, reliable, secure or error-free, (c) will be suitable for or compatible with any of your (or your End Users) devices, operating systems, software, browsers or tools, (d) will comply with any laws applicable to you or your End Users, (e) will be free of viruses or other harmful components.
The Services do not provide tax or legal advice. Any information, data, advice or content provided to you by Art Schema or made available via the Services will not create any warranty.
Certain Services and features can be offered in their Beta version and can be still under evaluation and testing regime. You understand and agree that those Services may still contain software bugs, may not operate as designated and not be as reliable as other Services.
13. Limitation of Liability
To the fullest extent permitted by law, ArtSchema will not be liable to you or any other party for:
(a) any loss of profits, revenue, goodwill, interruption of business or other intangible losses,
(b) any direct, indirect, incidental, special, consequential, punitive or exemplary damages,
(c) any personal injury or property damage related to your use of the Services,
(d) damages of any kind arising out of the use or the inability to use the Services, interruption or unavailability of the Services,
(e) any damages related to loss or corruption of any content or data, errors or inaccuracies in any content,
(f) any Content or other conduct or content of any user or third party using the Services,
(g) any Third Party Services or third party sites accessed via the Services,
(h) any damages resulting from unauthorized access to your Account or alteration of your data,
(i) any loss or damage incurred as a result of your use of any content posted, transmitted and made available through the Services,
(j) any other kind of loss or damages incurred as a result of, or related to the use of the Site and the Services.
You agree and acknowledge that these limitations will apply even if Art Schema has been advised of the possibility of such liabilities. Some jurisdictions do not allow certain limitations in this paragraph, so they may not apply to you.
The terms of this paragraph shall survive termination of this Agreement.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Art Schema from and against all claims, damages, losses, costs and expenses of any kind (including attorneys’ fees) arising from: (a) your breach of this Agreement; (b) your Content, your Websites, your use of the Service and the Websites; (c) any claims from your End Users and any other claims that your Website and your use of the Services caused damage to a third party; (d) your violation of any law, regulation or any third party right.
15. Governing Law and Dispute Resolution
15.1 These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of 11142 Fleetwood Str. Ste 5 San Valley, CA 91352, United States.
15.2 Before filing a claim against Art Schema, you agree to try to resolve the dispute informally by contacting us at firstname.lastname@example.org and describing your claim. We will try to resolve the dispute informally by email or phone. You or Art Schema may start a formal dispute resolution process if a dispute is not resolved within 30 days of your submission.
15.3 Any claim or cause of action related to the use of the Services or these Terms must be filed within one year after such claim or cause of action arose.
15.4 All disputes between you and Art Schema shall only be resolved on an individual basis and you will not bring a claim against Art Schema as a plaintiff or a member of a class, consolidated or representative actions (e.g. class actions, class arbitrations, private attorney general actions, consolidation with other arbitrations).
We may provide notices to you via the email address you have registered for your Account or via the Services by displaying notices or links to notices.
This Agreement constitutes the entire agreement between you and Art Schema regarding the Services, and supersedes all prior agreements (including, but not limited to, any prior versions of these Terms). Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable, (a) such provision shall be deemed as being capable of severance from these Terms and will not affect the validity and enforceability of the remaining provisions of this Agreement, (b) such provision will be reformed to render it valid and enforceable reflecting our original intent as closely as possible.
The failure of Art Schema to enforce any provision of these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer any of your rights under this Agreement without the prior written consent of Art Schema. Art Schema, in its sole discretion, may assign and transfer all or part of its rights and/or obligations under this Agreement to a third party.
Art Schema may modify this Agreement from time to time to reflect changes and updates to the Services. Art Schema will notify you if these changes meaningfully reduce your rights under this Agreement. Changes will not apply retrospectively and a reasonable period will be provided prior to the changes taking effect. By continuing to use or access the Services you agree to be bound by the modified Agreement. If you disagree with our modifications, you must stop using the Services.
Last update: October 3, 2017