This Terms of Service Agreement for customers of the photographers of Artfully Giving LLC (the "Agreement") is applicable to purchasers of content from our sites and is by and among you ("Customer"), featured photographers, and its website Artfully Giving LLC (the "Site"), and any Artfully Giving´s member photographer whose digital image(s) and related product(s) you are purchasing (referred to as "Photographer(s)"). By clicking "I Agree", accessing the Site, ordering any images, or downloading any digital images to be used on a personal basis from our Site, you agree to be bound by the terms of this Agreement as well as the general terms of Use posted on the Site. If you do not agree, do not access or use the Site. Please check these Terms regularly for changes. Your continued use of the Site following the posting of changes will mean you accept these changes.

1. Ownership of Site. The Site is owned and operated by Artfully Giving LLC. All images, audio, video, and related informational materials in any medium made available by Artfully Giving LLC hereunder, including related text, captions, or information (collectively referred to as "Content"), is owned by Artfully Giving´s or our Photographers or licensors and is protected by U.S. and international copyright laws, trade dress, moral rights, and other intellectual property rights. Except as explicitly permitted under this Agreement, no portion or element of this Site or its Content may be copied or retransmitted via any means and all related rights shall remain the exclusive property of Artfully Giving´s and its Photographers and licensors.

 

2. Purpose of Site. Artfullygiving.com offers digital photography services ("Services(s)") that provide our customers with the ability to view, share, and order prints, canvas prints, accessories, phone cases, pillows, t-shirts, coffee mugs, and ARTLITS of digital images.

 

3. Availability of Site. The Site is generally available 24 hours a day, 7 days a week. However, Artfully Giving LLC retains the right to make the Site unavailable from time to time for any reason, including scheduled and unscheduled maintenance, as well as equipment or software failures. You agree that Artfully Giving LLC shall not be liable to you for any modification, suspension, or discontinuance of the Site or Services. You are responsible for providing all equipment necessary to access the internet and the Site. Access to the Site requires a web browser that meets the operational needs of the Site. Artfully Giving LLC does not guarantee that the Site will be compatible with your equipment or software, and you are responsible for assuring such compatibility.

 

4. Rights Management. FOR THE PROTECTION OF ARTFULLY GIVING LLC AND ITS PHOTOGRAPHERS AND OTHER LICENSORS, CONTENT MAY BE VISIBLY, INVISIBLY, OR ELECTRONICALLY WATERMARKED AND MAY INCLUDE THE USE OF DIGITAL RIGHTS MANAGEMENT SYSTEM TECHNOLOGY WITHIN CONTENT. SUCH TECHNOLOGY MAY PERMIT ONLINE CRAWLING OR TRACKING OF CONTENT OBTAINED FROM THE SITE AND/OR OTHER METHODS OF PROTECTING, MONITORING, OR TRACKING THE UNAUTHORIZED USE OF THE CONTENT ("RIGHTS MANAGEMENT SYSTEMS (RMS)"). If you do not consent to the use of RMS, do not use the Site or any Content found therein. You shall not knowingly disable any such technology or tool. You may not remove any copyright or other proprietary notices contained in the Content, caption information, or any other material on this Site.

 

5. Pricing and Provision of Services. Subject to the terms and conditions of this Agreement, and to any other terms and conditions applicable to Customer, Artfully Giving LLC agrees to fulfill your online orders such as print and reprint order processing and other services that may be amended by Artfully Giving LLC in accordance with its practices and procedures from time to time, at prices and subject to the other terms and conditions that are set forth on the Site. All prices are stated in U.S. dollars and are valid until altered by us. Prices do not include delivery charges or any import duties that may be added by the order destination country. Postage will be added to your order during the checkout process. Artfully Giving makes every effort to provide current and accurate information about products, services, and prices but we do not guarantee the accuracy of such information, and we specifically disclaim responsibility for product information provided to you by the Photographers. Information about products is subject to change without notice. Prices are subject to change prior to our acceptance of your order. In the event that you order products and the price published on the Service was incorrect, Artfully Giving will contact you to let you know the correct price and ask you whether you still wish Artfully Giving to fulfill your order at the correct price. Any dates specified for delivery of any products are intended to be an estimate only

 

6. Use of Content on Site. You may have access to Content comprised of low-resolution digital images. Photographer grants to you a non-exclusive, non-sublicensable right to download one copy of these images on your personal computer for purposes of determining which images to order from the Site. You may not utilize the images in any manner that is not expressly permitted in this agreement. Except as specifically provided in this Agreement, you may not share, copy, print, modify, alter, remove any watermarks or copyright notices, or otherwise make derivative works from all or any portion of the Content.