Terms of Service
Please read this Agreement carefully before accessing or using the App. By accessing or using any part of the App, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the App or use any services. If these terms and conditions are considered an offer by Artistry.io, acceptance is expressly limited to these terms. The App is available only to individuals who are at least 18 years old.
Your Artistry.io account. By creating an account with Artistry.io you certify that you are at least 18 years old or older. If you create an account with Artistry.io, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the App. You must not describe or assign keywords to your photos and gifts in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Artistry.io may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Artistry.io liability. You must immediately notify Artistry.io of any unauthorized uses of your account or any other breaches of security. Artistry.io will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Contributors. If you add App to one of Facebook Pages, add material to the App, or otherwise make (or allow any third party to make) material available by means of the App (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
By submitting Content to Artistry.io for inclusion on your Facebook Page, you grant Artistry.io a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your Facebook Page.
Without limiting any of those representations or warranties, Artistry.io has the right (though not the obligation) to, in Artistry.io’s sole discretion (i) refuse or remove any content that, in Artistry.io’s reasonable opinion, violates any Artistry.io policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the App to any individual or entity for any reason, in Artistry.io’s sole discretion. Artistry.io will have no obligation to provide a refund of any amounts previously paid.
Payment and Renewal.
Fees; Payment. You can use Artistry.io's Products Customizer for free for 30 days. After 30 days we will charge a Minimum Monthly Subscription ("Minimum Monthly Subscription") plus a percent of the total sales from all checked out and paid order items that are customized using our Products Customizer App (the "Application Fees"). We offer different subscription plans that will dictate the amount of the Minimum Monthly Subscription and the percent of the Application Fees. The Minimum Monthly Subscription and the Application Fee that you pay depend on the Subscription Plan that you select when you start using the App. Artistry.io will calculate the Appplication Fees starting on the 1st day of each month and ending on the last day of that month (the "Application Fees Calculation Cycle"), and the total calculated Application Fee will be invoiced on the last day of that month and you will have 7 days. Artistry.io reserves the right to cancel all services by Artistry.io if you fail to pay the monthly total balance by the due date.
Artistry.io reserves the right to setup a fee for one of its online services. Artistry.io reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. App Services can be canceled by you at anytime on 30 days written notice to Artistry.io.
Support. App Services Account include access to priority email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Artistry.io to respond within one business day) concerning the use of the App Services. “Priority” means that support for App Services Pro Account customers takes priority over support for users of other Artistry.io services. All App Services Pro Account support will be provided in accordance with Artistry.io standard App Services practices, procedures and policies.
Responsibility of App Visitors. Artistry.io has not reviewed, and cannot review, all of the material, including computer software, posted to the App, and cannot therefore be responsible for that material’s content, use or effects. By operating the App, Artistry.io does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The App may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The App may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Artistry.io disclaims any responsibility for any harm resulting from the use by visitors of the App, or from any downloading by those visitors of content there posted.
Content Posted on Other Apps. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which the App links, and that link to App. Artistry.io does not have any control over those non-Artistry.io websites and webpages, and is not responsible for their contents or their use. By linking to a non-Artistry.io website or webpage, Artistry.io does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Artistry.io disclaims any responsibility for any harm resulting from your use of non-Artistry.io websites and webpages.
Copyright Infringement and DMCA Policy. As Artistry.io asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by the Artistry.io violates your copyright, you are encouraged to notify Artistry.io in accordance with Artistry.io’s Digital Millennium Copyright Act (“DMCA”) Policy. Artistry.io will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Artistry.io will terminate a visitor’s access to and use of the App if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Artistry.io or others. In the case of such termination, Artistry.io will have no obligation to provide a refund of any amounts previously paid to Artistry.io.
Intellectual Property. This Agreement does not transfer from Artistry.io to you any Artistry.io or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Artistry.io. Artistry.io, yarani.com, the Artistry.io logo, and all other trademarks, service marks, graphics and logos used in connection with Artistry.io, or the App are trademarks or registered trademarks of Artistry.io or Artistry.io’s licensors. Other trademarks, service marks, graphics and logos used in connection with the App may be the trademarks of other third parties. Your use of the App grants you no right or license to reproduce or otherwise use any Artistry.io or third-party trademarks.
Changes. Artistry.io reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the App following the posting of any changes to this Agreement constitutes acceptance of those changes. Artistry.io may also, in the future, offer new services and/or features through the App (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. Artistry.io may terminate your access to all or any part of the App at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Artistry.io account (if you have one), you may simply discontinue using the App. Notwithstanding the foregoing, if you have a Page Tab Services account, such account can only be terminated by Artistry.io if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Artistry.io’s notice to you thereof; provided that, Artistry.io can terminate the App immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties. The App is provided “as is”. Artistry.io and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Artistry.io nor its suppliers and licensors, makes any warranty that the App 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, the App at your own discretion and risk.
Limitation of Liability. In no event will Artistry.io, or its suppliers or licensors, be liable with respect to any subject matter of this 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 the fees paid by you to Artistry.io under this agreement during the twelve (12) month period prior to the cause of action. Artistry.io shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
Indemnification. You agree to indemnify and hold harmless Artistry.io, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the App, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Artistry.io and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Artistry.io, or by the posting by Artistry.io of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the App will be governed by the laws of the state of Kentucky, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, Kentucky. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Louisville, Kentucky, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Artistry.io may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Artistry.io takes your privacy very seriously. We adopt Automattic's fundamental privacy principles, which are:
We don’t ask you for personal information unless we truly need it.
We don’t share your personal information with anyone except to comply with the law, develop our products, or protect our rights.
We don’t store personal information on our servers unless required for the on-going operation of one of our services.
If you have questions about deleting or correcting your personal data please contact our support team.
Artistry.io , LLC (“Artistry.io”) operates several websites and Facebook Apps including yarani.com, and the Artistry.io. It is Artistry.io’s policy to respect your privacy regarding any information we may collect while operating our websites.
App Visitors and App Users
Like most online operators, Artistry.io collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Artistry.io’s purpose in collecting non-personally identifying information is to better understand how Artistry.io’s visitors use its website. From time to time, Artistry.io may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Artistry.io also collects potentially personally-identifying information like Internet Protocol (IP) addresses for users logged into Facebook. Artistry.io only discloses logged in user IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors or users of Artistry.io’s websites choose to interact with Artistry.io in ways that require Artistry.io to gather personally-identifying information. The amount and type of information that Artistry.io gathers depends on the nature of the interaction and the use policies established by Facebook. Those who engage in transactions with Artistry.io – by purchasing a subscription to one of our online services, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Artistry.io collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Artistry.io. Artistry.io does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website/app-related activities.
Artistry.io may collect statistics about the behavior of visitors to its websites or apps. Artistry.io does not disclose personally-identifying information other than as described below.
Protection of Certain Personally-Identifying Information
Artistry.io discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Artistry.io’s behalf or to provide services available at Artistry.io’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Artistry.io’s websites, you consent to the transfer of such information to them. Artistry.io will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Artistry.io discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Artistry.io believes in good faith that disclosure is reasonably necessary to protect the property or rights of Artistry.io, third parties or the public at large. If you are a registered user of an Artistry.io website or app and have supplied your email address, Artistry.io may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Artistry.io and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Artistry.io takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
If Artistry.io, or substantially all of its assets were acquired, or in the unlikely event that Artistry.io goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Artistry.io may continue to use your personal information as set forth in this policy.