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Terms of use

Welcome to ArtMyWay! We hope you enjoy your visit, and find that using our service is easy and fun.

Before you begin setting up your account with ZSCRAPBOOK, LLC (herein referred to as "we," "us," “ZScrapbook”, or “ArtMyWay "), please read the following Terms of Use ("Terms") carefully. These Terms govern your access to and use of the ArtMyWay.com service ("Service"). If you ("you") agree to these Terms, and wish to use the service, please click on the "Sign Up" button. This will constitute a binding agreement between you and Z SCRAPBOOK LLC. Your access to and use of the service are expressly conditioned on your compliance with these Terms. To decline acceptance, do not click on the "sign up" button. Note that any violation of these Terms may result in termination of our service to you. ArtMyWay reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the service after ArtMyWay makes any such changes, you agree to be bound by the revised Terms.

YOUR SUBMISSIONS

You may submit certain material to ArtMyWay, including without limitation, photographic images, as part of your use of the service ("Submissions"). Under these terms, you agree that you will NOT post, place or transmit any of the following material or obtain any such material using the service:

● Any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law.

● Any material that could infringe rights of privacy, publicity, copyrights or other intellectual property rights without the permission of the owner of these rights and the persons (or their parents or legal guardians, where applicable) who are shown in the material if applicable;

● Any material sent from an anonymous or false address;

● Any material that promotes bigotry, racism, hatred or harm against any individual or group.

While ArtMyWay is not responsible for, and does not review or comment on the content of Submissions provided by ArtMyWay users, ArtMyWay reserves the right in its discretion to (i) delete, move or edit submissions that it, in its sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws, or otherwise unacceptable, or (ii) take any other action that ArtMyWay deems necessary relating to use or misuse of the service. ArtMyWay may request confirmation of the copyright or trademark ownership from the submitter. If ArtMyWay does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain submissions, ArtMyWay reserves the right to (i) suspend the shipping of an order relating to the submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, ArtMyWay reserves the right to suspend the display, viewing or sharing of any submissions until the issue has been resolved. You hereby grant to ArtMyWay a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display and distribute your submissions for the sole purpose of delivering the service. In addition, you warrant that all moral rights in any submissions and uploaded materials have been waived and do hereby waiver any such moral rights. Your physical or electronic sharing of your images constitutes permission for reprinting by the recipient. ArtMyWay will not be liable for the content of any Submission and expressly disclaims all liability relating thereto.

COPYRIGHT NOTICE

ArtMyWay is committed to protecting photographers' copyrights and expects users of the service to do the same. Each image submitter is required by US law to own the right to, or to obtain permission to use, any image before the image is uploaded or printed at ArtMyWay. At ArtMyWay's discretion and in appropriate circumstances, ArtMyWay may terminate the accounts of users or prevent access to the service by users who infringe the intellectual property rights of others.

AGE REQUIREMENTS

You must be at least 13 years of age to use our service. If you or your parent or guardian, have any concerns please feel free to contact us.

ACCESS TO YOUR ACCOUNT

Your account with ArtMyWay is available for your personal, non-commercial use. You can allow other people to view selected images in your account through ArtMyWay's online share feature. The people you invite to view your images through online share will be able to see the images you have selected for them and will not have access to your entire account. Linking directly to images on ArtMyWay's servers from external sites is expressly prohibited.

We need to be able to access your account for the following reasons:

● We can remind you of your password in case you forget it; if this becomes necessary, we send an email upon your request to the address from which you opened your account;

● To maintain our service to you and develop new and useful features and services;

● To follow a court order, subpoena, complaint or a lawful request from governmental authorities;

● ArtMyWay reserves the right to close accounts set up for fraudulent purposes.

WEB ADDRESSES (URLS)

As part of ArtMyWay's sharing service, ArtMyWay may provide users with access to and use of pages on the ArtMyWay site and the corresponding online web addresses (URLs) that, in some cases, may be chosen by the user. ArtMyWay does not guarantee the availability of a particular web address. ArtMyWay also reserves the right, at any time and for any reason, to reclaim, suspend, terminate and/or transfer any web page or address provided by ArtMyWay to a user as it deems necessary in its sole discretion and, at ArtMyWay's option, to provide users with an alternative web page and address.

CANCELING THE SERVICE

If you violate any of these Terms, your permission to use the service will terminate automatically. ArtMyWay reserves the right to cancel the service or to discontinue accounts that have been inactive. We may do so at our discretion after sending an email warning to the address you used when you set up your account and waiting for a reasonable period for your response.

THIRD-PARTY SOFTWARE

We may make third party software available to you from time to time. To access such third party software, you must first agree to the third party software provider's terms and conditions governing use of such software which agreement will be between you and the third party software provider. ArtMyWay is not a party to any such arrangement between you and a third party software provider and disclaims any liability, and provides no warranties relating to such software.

THIRD-PARTY LINKS

We may provide links to third-party sites that might be of interest to you; however, we have no control over the content or availability of the contents of these sites. You acknowledge and agree that ArtMyWay is not responsible or liable for the availability or accuracy of such sites or the content, products or services on or available from such sites. Links to third-party sites do not imply any endorsement by ArtMyWay of such sites or the content, products or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for and assume all risk arising from your use of any such sites.

COPYRIGHTED MATERIAL AND SOFTWARE

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal, non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title and interest in and to the ArtMyWay site and service is and will remain the exclusive property of ArtMyWay and its licensors. The site and service are protected by copyright, trademark and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or service on, or in connection with, any other website, for any purpose.

COPYRIGHT

ArtMyWay LLC is, unless otherwise stated, the owner of all copyright and database rights in the service and its contents. You may not publish, distribute, extract, re-utilize or reproduce any such content in any material form (including photocopying or storing it in any medium by electronic means).

PRIVACY POLICY

When you create an account with ArtMyWay, you need to provide some personal information, such as your name, email address, and mailing address. We protect and use this information as set forth in our Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend and hold us, our officers, directors, employees, agents, licensors, suppliers and any third-party information providers to the service harmless from and against all claims, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from (i) any violation of these Terms, or any activity related to access to or use of your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account and/or (ii) a claim that a Submission infringes third party intellectual property rights.

DISCLAIMER OF WARRANTIES

The service, content and/or materials available through ArtMyWay's site are provided on an "as is" and "as available" basis and without warranties of any kind either express or implied.

To the fullest extent permitted by applicable law, ArtMyWay expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness of a particular purpose and non-infringement. ArtMyWay makes no warranty that its site or services will be uninterrupted, timely, secure, or error free, or that this site or its server is free of viruses or other harmful components. ArtMyWay makes no warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness or reliability of any software, goods or services, purchased, accessed or obtained through ArtMyWay's site or advertised through ArtMyWay's site. No advice or information, whether oral or written, obtained from ArtMyWay or through the site or services will create any warranty not expressly made herein.

CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

ArtMyWay does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content (including, but not limited to, photos, graphics, audio or video) you submit or make, you grant ArtMyWay the following world-wide, royalty free and non-exclusive license(s), as applicable: the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the service and to incorporate such Content into other works in any format or medium now known or later developed.

CUSTOMER POLICY FOR IDEA SUBMISSION

Many of our customers are interested in submitting ideas for products and services to be used at ArtMyWay, either independent of, or in conjunction with, our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:

● Unsolicited ideas submitted to ArtMyWay, Inc. or any of its employees automatically become the property of ArtMyWay, Inc.

● By submitting unsolicited ideas to ArtMyWay, Inc. you automatically forfeit your right to the intellectual property of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to ArtMyWay, Inc. or its employees. Instead: Send a message to

ideasubmission@artmyway.com and describe ONLY the general application. If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by ArtMyWay in order to evaluate your concept(s).

MISCELLANEOUS

We may assign our rights and responsibilities hereunder without notice to you. All items purchased through ArtMyWay are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier.

If any part of this Agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this service, and supersede all other communications, written or oral, with regard to the service. The failure of ArtMyWay to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision and shall not affect the validity and enforceability of any remaining condition.

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