Terms of Service
Last Updated: Feb 18, 2022
In a Nutshell
- Our goal is to create a safe space for artists to publish their artwork.
- We do not allow any AI-generated content.
- We will not tolerate any content that is illegal, hateful, or otherwise harmful to others.
- We don't own your content, and you retain all ownership rights you have in the content you post to Artgram.
- We need a license for your content to display it and offer our services. We will not include your art in ads, or AI-models, or similar use-cases that are not part of our core business (protecting your art and helping you make money as an artist).
We (the folks at Artgram) are on a mission to create a safe space for artists to publish their artwork. We hope you love our products and services as much as we love creating them for you. These Terms of Service ("Terms") describe our commitments to you, and your rights and responsibilities when using our services. Please read them carefully and reach out to us if you have any questions. If you don't agree to these Terms, don't use our services. We want them to be aligned with your needs and expectations as a community of artists, so please reach out to us if you have any concerns that anything in this document does not contribute to that.
If you are a user in countries located in the European Economic Area, Switzerland, or the United Kingdom ("European User"), some special terms apply to you as mentioned below.
Terms of Service
These Terms govern your access to and use of the products and services on artgram.co, artgr.am, and their subdomains.
1. Who's Who
"You" means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you're authorized to accept the Agreement on that person's or entity's behalf, that by using our Services you're accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to us.
We refer to Artgram as "Artgram", "us," or "we" throughout these Terms.
We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we're free to use them without any restriction or compensation to you.
3. Your Account
Many things you would expect to be opt-in by default, are opt-out by default like sending marketing emails to you. We consider these non-essential and in conflict with our mission for a great experience on our platform. You are however free to opt-in to one of these features at any time.
4. Responsibility of Visitors and Users
We haven't reviewed, and can't review, all of the content (like images, comments or other uploads) posted to or made available through our Services by users or anyone else ("Content") or on websites that link to, or are linked from, our Services.
We are applying sophisticated methods for moderation to avoid misuse like posting AI-generated content.
We're not responsible for any use or effects of Content or third-party websites. So, for example:
- We don't have any control over third-party websites.
- A link to or from one of our Services does not represent or imply that we endorse any third-party website.
- We don't endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
- You're fully responsible for the Content available on your website, and any harm resulting from that Content. It's your responsibility to ensure that your website's Content abides by applicable laws and by the Agreement.
- We aren't responsible for any harm resulting from anyone's access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You're responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Any Content that's for sale through any of our Services is the seller's sole responsibility, so you must look solely to the seller for any damages that result from your purchase or use of Content.
- We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the provider of any Content.
Please note that additional third-party terms and conditions may apply to Content you download, copy, purchase, or use.
5. General Representation and Warranty
Our mission is to create a safe space for you to publish your artwork or hire an amazing artist. Our Services are designed to give you control and ownership over your artwork, while simultaneously providing layers of security to protect your artwork. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:
- Will be in strict accordance with the Agreement;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
- Will not be to distribute AI-generated content, if the AI contributed a significant amount to the artwork;
- Will not infringe or misappropriate the intellectual property rights of Artgram or any third party;
- Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
- Will not disclose the personal information of others;
- Will not be used to send spam or bulk unsolicited messages;
- Will not interfere with, disrupt, or attack any service or network;
- Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
- Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
- Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.
6. Specific Service Terms
a. artgram.co Websites and Accounts
artgram.co is a platform for professional artists and their artwork, and we would love for you to use it. An artgram.co account also allows you to sign into some of our other Services.
Our basic service is free, but we might offer plans that add advanced features in the future like legal insurance to protect your artwork. We don't own your content, and you retain all ownership rights you have in the content you post to your website. However, be responsible in what you publish. In particular, make sure that nothing prohibited (like spam, viruses, or serious threats of violence) appears on your portfolio or any other area of the site under your control.
If you find an artgram.co website that you believe violates these Terms, please let us know.
Your artgram.co Username. If you create a website on artgram.co, you get free use of your portfolio page, like artgram.co/dvolution. You must not engage in "username squatting," claim an unreasonable number of usernames (as determined by us), or sell access to any accounts.
License. By uploading or sharing Content, you grant us a worldwide, royalty-free, transferable, sub-licensable, and non-exclusive license to use, reproduce, modify, distribute, adapt, publicly display, and publish the Content solely for the purpose of providing and improving our products and Services and promoting your portfolio. Running Artgram without this license would be impossible.
However, we will not sell your Content to third parties without your permission or will use your art in a way that's harmful to you in execution of your profession. That means we won't include your art in ads, or AI-models, or similar use-cases without your consent.
AI Usage: AI can be used for good and we want to be a good example of that. The only AI we currently use is our AI-detection model. We constrain ourselves to never let anything this model "knows" manifest in any other way than a binary decision (whether an image was made by a human or not). The AI will never visually manifest any of it's knowledge, so we can't use it to generate images for example. Additionally, we constrain ourselves to never sell the model or services based directly on this AI to third parties. Removing Content. If you delete Content, we'll use reasonable efforts to remove it from public view (or in the case of a private portfolio, from view by the authorized visitors) on artgram.co, but you acknowledge that cached versions of the Content or references to the Content may not be immediately unavailable.
Web Traffic. We don't use third party services to measure audience and usage. By having your account and art on artgram.co, you agree to assign the traffic for your website to Artgram, and you authorize us to sign a Traffic Assignment Letter on your behalf. This means that your portfolio's traffic is considered traffic to Artgram, your website may not receive credit for traffic in the respective reports, and you must not assign your website's traffic to any other party.
Advertisements. We do not display ads to visitors of your content, whether it's your portfolio or an individual artwork, unless we have your explicit consent.
Attribution. We may display attribution text or links in website footers or certain features, noting that your the site is powered by artgram.co as long as it's clear that we do not refer to your owned content.
7. Copyright Policy
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us a notice.
8. Intellectual Property
The Agreement doesn't transfer any Artgram or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Artgram and you) solely with Artgram. Artgram and all other trademarks, service marks, graphics, and logos used in connection with our websites or Services are trademarks or registered trademarks of Artgram (or Artgram's licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn't grant you any right or license to reproduce or otherwise use any Artgram or third-party trademarks.
9. Third-Party Services
While using the Services, you may enable, use, or purchase services, products, prints, provided or manufactured by a third party or yourself ("Third-Party Services").
If you use any Third-Party Services, you understand that:
- Third-Party Services aren't vetted, endorsed, or controlled by Artgram.
- Any use of a Third-Party Service is at your own risk, and we won't be responsible or liable to anyone for Third-Party Services.
- Your use is solely between you and the respective third party ("Third Party") and is governed by the Third Party's terms and policies.
- If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.
We may modify the Terms from time to time, for example, to reflect changes to our Services (e.g., adding new features or benefits to our Services or retiring certain features of certain Services) or for legal, regulatory, or security reasons. If we do this, we'll provide notice of the changes, such as by posting the amended Terms and updating the "Last Updated" date or, if the changes, in our sole discretion, are material, we may notify you through our Services or other communications. Any changes will apply on a going-forward basis, and, unless we say otherwise, the amended Terms will be effective immediately. By continuing to use our Services after we've notified you, you agree to be bound by the new Terms. You have the right to object to any changes at any time by ceasing your use of our Services and may cancel any subscription you have.
We may terminate your access to all or any part of our Services at any time, with or without cause or notice, effective immediately, including if we believe, in our sole discretion, that you have violated this Agreement, any service guidelines, or other applicable terms. We have the right (though not the obligation) to (i) reclaim your username due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any part of this Agreement or any Artgram policy, or is in any way harmful or objectionable, (iii) ask you to make adjustments, restrict the resources your website uses, or terminate your access to the Services, if we believe your website's storage or bandwidth usage burdens our systems (which is rare), or (iv) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.
You can stop using our Services at any time, or, if you use a Paid Service, you can cancel at any time, subject to the Fees, Payment, and Renewal section of these Terms.
Our Services are provided "as is." Artgram and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, to the maximum extent allowed by applicable law, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Artgram, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
14. Jurisdiction and Applicable Law.
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions and the application of the United Nations Convention of Contracts for the International Sale of Goods, and the proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California, U.S.A. Nothing in this Agreement affects your rights as a consumer to rely on mandatory provisions in your country of residence.
15. Limitation of Liability
In no event will Artgram, or its suppliers, partners, or licensors, be liable (including for any third-party products or services purchased or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Artgram under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Artgram shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
European Users: If we cause damage to you and you are a consumer in Europe, we limit our liability to the maximum amount permissible in your country of residence. Liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Artgram isn't liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability will not apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence, liability caused by our willful misconduct or gross negligence, or our responsibility for something we have specifically promised to you. You and we agree that we and our affiliates' total liability is limited to the greater of $50 or the amount paid by you to use our Services during the 12 months preceding the claim; To the extent that our liability is limited or excluded, the limitations or exclusions will also apply to the personal liability of our employees, legal representatives, and vicarious agents.
You agree to indemnify and hold harmless Artgram, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys' fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any ecommerce activities conducted through your or another user's website.
17. US and EU Economic Sanctions
You agree that our ability to provide our paid Services to you is subject to compliance with US and EU sanctions that restrict or prohibit who or from where our Services can be accessed. By using the Services, you represent and warrant that you (i) are not located or residing in any country or territory subject to comprehensive US sanctions (currently Cuba, Crimea, Iran, North Korea, Donetsk People's Republic, Luhansk People's Republic, and Syria); (ii) are not listed on any United States list of prohibited or restricted parties, such as OFAC's Specially Designated Nationals and Persons List, or otherwise subject to US sanctions that would prohibit your access to or use of our Services; and (iii) shall not use or allow access by any of your customers or potential customers (if applicable) to the Services in any manner that may cause Artgram to violate US export controls and sanctions. We reserve the right to restrict or block your access, or access by any of your customers or potential customers (if applicable), to the Services and/or to terminate the Agreement at any time without notice if we determine, at our sole discretion, that such access may cause a violation or create unacceptable risk to us under export controls or sanctions.
18. Data Processing Agreement
If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your website, please contact us at [[email protected]].
These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.
20. Minimum Age Requirements
Our Services are not directed to children. You're not allowed to access or use our Services if you're under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you're at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you're under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.
The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Artgram and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. Artgram may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.
- 2023-05-16: Removed occurences of Artgram UG.
- Updated sections to reflect our name and domain change and incorporation as Artgram UG.
- Deleted section about affiliation with Google Workspace
- 2022-12-29: Fixed typo
- 2022-12-29: Reduce our flexibility in use cases for the AI model and remove ambiguity in license
- 2022-12-25: Initial version