Terms & Privacy

Terms of Use (“Terms”)

Last updated: May 19, 2016

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the artspring.co website and artspring system via myartspring.com (“Artspring”) operated by Kinetik Internet Systems Pty Ltd (“us”, “we”, or “our”).

Your access to and use of Artspring is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use Artspring. You warrant that you are at least 18-years-old and you are legally capable of entering into binding contracts. If you are under 18-years-old, you warrant that you have obtained consent from your parent or guardian and they agree to be bound by these Terms on your behalf.

By accessing or using Artspring you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access Artspring.

Subscriptions

Some parts of Artspring are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, you will be notified by email and your Subscription will automatically renew under the exact same conditions unless you cancel it or Kinetik Internet Systems Pty Ltd cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting Kinetik Internet Systems Pty Ltd customer support team.

A valid payment method, including credit card, is required to process the payment for your Subscription. You shall provide Kinetik Internet Systems Pty Ltd with accurate and complete billing information including full name, address, state, zip code and valid payment method information. By submitting such payment information, you automatically authorize Kinetik Internet Systems Pty Ltd to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Kinetik Internet Systems Pty Ltd will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Free Trial

Kinetik Internet Systems Pty Ltd may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).

You are not required to enter your billing information in order to sign up for the Free Trial..

At any time and without notice, Kinetik Internet Systems Pty Ltd reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

Fee Changes

Kinetik Internet Systems Pty Ltd, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Kinetik Internet Systems Pty Ltd will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate or downgrade your Subscription before such change becomes effective.

You will need to re-enter your credit card information to confirm your acceptance of the fee change. Should you fail to do so within a 14 day period after expiry of the old fee plan, your account will revert to the free Community Edition.

Refunds

Except when required by law, or in exceptional cases paid Subscription fees are non-refundable. If a refund should be given, any discount due to the annual subscription will be reverted to reflect the monthly fees.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to Artspring, including its legality, reliability, and appropriateness.

By posting Content to Artspring for inclusion on your website & mailing list, you grant us the right and non-exclusive, royalty-free, license to use, modify, publicly display, reproduce, and distribute such Content on your website & mailing list on your behalf through Artspring. You retain any and all of your rights to any Content you submit, post or display on or through Artspring and you are responsible for protecting those rights.

You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through Artspring does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. Further, you warrant that: (i) the Content will not cause you or us to breach any law, regulation, rule, code or other legal obligation; (ii) the Content will not or could not be reasonably considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, in breach of confidence or in breach of privacy; (iii) the Content will not be unsolicited, undisclosed or unauthorised advertising; (iv) the Content does not contain software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment; and (v): the Content does not bring us or Artspring into disrepute.

You agree to keep all records necessary to establish that your Content does not violate any of the requirements this clause and make such records available upon our reasonable request.

We are under no obligation to regularly monitor the accuracy or reliability of your Content incorporated into Artspring. We reserve the right to modify or remove any Content at any time.

You acknowledge and agree that all Content posted to your website or included in a mail out through Artspring will be publicly available information and you bear the risks involved with such public disclosures.

Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access Artspring and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You agree to be fully responsible for activities that relate to your account or your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on Artspring infringes the copyright or other intellectual property infringement (“Infringement”) of any person.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through Artspring, you must submit your notice in writing to the attention of “Copyright Infringement” of copyright@artspring.co and include in your notice a detailed description of the alleged Infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing your copyright.

Copyright Infringement Notice

In order to lodge a complaint with us, please contact using the details above with the following information:

  • Your name and address;
  • Details of the alleged breach of copyright; and
  • URL link to the alleged breach of copyright (if applicable).

Please allow us 30 days to investigate your complaint, after which we will contact you immediately to resolve the issue.

Intellectual Property

Artspring and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Kinetik Internet Systems Pty Ltd and its licensors. Artspring is protected by copyright, trademark, and other laws of both the Australia 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 Kinetik Internet Systems Pty Ltd. Nothing in these Terms constitutes a transfer of any Intellectual Property rights from us to you.

You are permitted to use Artspring only as authorised by us. As a user, you are granted a limited, non-exclusive, revocable, non-transferable right to use Artspring to create, display, use, play, and download Content subject to these Terms.

Our Intellectual Property must not be used in connection with a product or service that is not affiliated with us or in any way brings us in disrepute.

You must not modify the physical or digital copies of any Content you print off or download in any way, and you must not use any illustrations, photographs, video or audio, or any graphics separately from any accompanying text.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by any other users are those of the respective authors or distributors and not of us.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Kinetik Internet Systems Pty Ltd.

Kinetik Internet Systems Pty Ltd has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Kinetik Internet Systems Pty Ltd shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We only provide links to external websites as a convenience, and the inclusion of such a link to external websites do not imply our endorsement of those websites. You acknowledge and agree that when you access other websites on the Internet, you do so at your own risk.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use Artspring will immediately cease. If you wish to terminate your account, you may do so via the account section in your Artspring control panel.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

If applicable law requires us to provide notice of termination or cancellation, we may give prior or subsequent notice by posting it on Artspring or by sending a communication to any address (email or otherwise) that we have for you in our records.

Indemnification

As a condition of your access to and use of Artspring, you agree to indemnify us and our successors and assigns for all damages, costs, expenses and other liabilities, including but not limited to legal fees and expenses, relating to any claim arising out of or related to your access to and use of the Servuce or your breach of these Terms and any applicable law or the rights of another person or party.

This indemnification section survives the expiration of your registration, and applies to claims arising both before and after the registration ends.

Limitation Of Liability

You agree that we shall not be liable for any damages suffered as a result of using Artspring, copying, distributing, or downloading Content from Artspring.

In no event shall we be liable for any indirect, punitive, special, incidental or consequential damage (including loss of business, revenue, profits, use, privacy, data, goodwill or other economic advantage) however it arises, whether for breach of contract or in tort, even if it has been previously advised of the possibility of such damage.

You have sole responsibility for adequate security protection and backup of data and/or equipment used in connection with your usage of Artspring and will not make a claim against for lost data, re-run time, inaccurate instruction, work delays or lost profits resulting from the use of Artspring. You must not assign or otherwise dispose of your account to any other person.
Without limiting the foregoing, in no event will our aggregate liability to you exceed, in total, the amounts paid by you to us.

Disclaimer

Your use of Artspring is at your sole risk. Artspring is provided on an “AS IS” and “AS AVAILABLE” basis. Artspring is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Kinetik Internet Systems Pty Ltd its subsidiaries, affiliates, and its licensors do not warrant that a) Artspring will function uninterrupted or be available at any particular time or location; b) any errors or defects will be corrected; c) Artspring is free of viruses or other harmful components; or d) the results of using Artspring will meet your requirements.

This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft, or destruction or unauthorized access or, alteration of or use of record in connection with the use or operation of Artspring, whether for breach of contract, tortious behaviour, negligence or any other cause of action.

We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content contained on Artspring for any purpose. Any reliance you place on such information is therefore strictly at your own risk. We disclaim any express or implied warranty representation or guarantee as to the effectiveness or profitability of Artspring or that the operation of our Service will be uninterrupted or error-free. We are not liable for the consequences of any interruptions or error in Artspring.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding Artspring.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect.

It is your sole responsibility to periodically check these Terms for any changes. If you do not agree with any of the changes to these Terms, it is your sole responsibility to stop using Artspring. Your continued use of Artspring will be deemed as your acceptance thereof.

Contact Us

If you have any questions about these Terms, please contact us.

 

Privacy Policy

Last updated: May 19, 2016

Kinetik Internet Systems Pty Ltd (“us”, “we”, or “our”) operates the artspring.co & myartspring.com websites ( “Artspring”).

This section informs you of our policies regarding the collection, use and disclosure of Personal Information when you use Artspring.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving Artspring. By using Artspring, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions above.

Information Collection And Use

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, postal address (“Personal Information”).

Log Data

We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

In addition, we may use third-party services, such as Google Analytics, Mixpanel, Kissmetrics, that collect, monitor and analyze this type of information in order to increase our Service’s functionality.

These third-parties may use cookies to help us analyze how our users are using Artspring and they have their own Privacy Policies addressing how they use such information.

  • Google AnalyticsGoogle Analytics service is provided by Google Inc.You can opt-out from Google Analytics service from using your information by installing the Google Analytics Opt-out Browser tool: https://tools.google.com/dlpage/gaoptoutFor more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/policies/privacy/
  • MixpanelMixpanel is provided by Mixpanel Inc.You can prevent Mixpanel from using your information for analytics purposes by opting-out. To opt-out of Mixpanel service, please visit this page: https://mixpanel.com/optout/For more information on what type of information Mixpanel collects, please visit the Terms of Use page of Mixpanel: https://mixpanel.com/terms/

Cookies

Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Behavioral Remarketing

Kinetik Internet Systems Pty Ltd uses remarketing services to advertise on third-party web sites to you after you visited our Service. We, and our third-party vendors, use cookies to inform, optimize and serve ads based on your past visits to our Service.

  • GoogleGoogle AdWords remarketing service is provided by Google Inc.You can opt-out of Google Analytics for Display Advertising and customize the Google Display Network ads by visiting the Google Ads Settings page: http://www.google.com/settings/adsGoogle also recommends installing the Google Analytics Opt-out Browser Add-on – https://tools.google.com/dlpage/gaoptout – for your web browser. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics.For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Service Providers

We may employ third-party companies and individuals to facilitate our Service, to provide Artspring on our behalf, to perform Artspring-related services or to assist us in analyzing how Artspring is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Communications

We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Compliance With Laws

We will disclose your Personal Information where required to do so by law or in accordance with an order of a court of competent jurisdiction, or if we believe that such action is necessary to comply with the law and the reasonable requests of law enforcement or to protect the security or integrity of our Service.

Business Transaction

If Kinetik Internet Systems Pty Ltd is involved in a merger, acquisition or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different Privacy Policy. In the event of such a transfer of information, your rights under the Data Protection Act 1998 are not affected.

Security

The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data.

International Transfer

Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Australia and choose to provide information to us, please note that we transfer the information, including Personal Information, to Australia and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

In the event that a dispute arises with regards to the international transfer of data, you agree that the courts of Australia shall have exclusive jurisdiction over the matter.

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third-party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third-party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 13 (“Children”).

We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.

Jurisdiction

This Policy shall be governed and construed in accordance with the laws of NSW Australia, without regard to its conflict of law provisions.

Contact Us

If you have any questions about this Privacy Policy, please contact us.