Terms of Service

Effective Date: October 26, 2023

Welcome to artfully.top ("the Service"), operated by the artfully.top team ("we," "us," or "our"). Our registered address is 9996 Second Ave, Portland, Oregon 22183. By accessing or using our website and services, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and artfully.top. By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of material changes by posting the new Terms on the Service with an updated effective date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

2. Use of Service

artfully.top provides a platform for [briefly describe the core service, e.g., discovering, sharing, and/or purchasing digital art, AI-generated artwork, or related creative content and services].

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

Access to certain features may require account registration. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, images, graphics, or other materials ("Content") you submit, post, or display on or through the Service.

3.1 Acceptable Use

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or misappropriate the intellectual property rights, privacy rights, or other rights of any third party.
• Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Promote or facilitate illegal activities.

3.2 Content Responsibility

You retain all ownership rights to the Content you submit. However, by submitting Content, you grant artfully.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform that Content in connection with the Service and our business. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the Content you submit and to grant us the license above.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of artfully.top and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of artfully.top.

4.2 User Content

As stated above, you own the Content you create and submit. However, you understand that artfully.top cannot control how other users may use, share, or distribute Content you make publicly available on the Service. You are solely responsible for the consequences of sharing your Content.

4.3 Copyright Complaints (DMCA)

We respect the intellectual property rights of others. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent at [email protected]. Your notice must include the information required by the Digital Millennium Copyright Act (DMCA).

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL artfully.top, ITS TEAM MEMBERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

5.3 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LI