ACCEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

Modification of Terms

Council of Asian Designers of America (CADA) reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.

Ownership and Use of the Website

All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of CADA, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. CADA or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in CADA’ sole discretion.

You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to CADA.

Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.

Member Account

In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. CADA reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify CADA of any unauthorized use of your Account.

After opening your Account, you may complete your profile page that includes your headshot image, personal statement, and other information. All of your member information including details of your Account, profile, artworks, CADA exhibitions, favorite artworks, and other information related to your use of the Website, such as orders and sales, will be available on the Website. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.

Privacy Policy

Your personal information provided by yourself during the registration process is subject to the CADA Privacy Policy. 

Terms and Conditions for Artists

Uploading Images of Original Artworks to the Website

You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to CADA a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to CADA a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of CADA and the Website.

You acknowledge and agree that the license rights are granted to CADA on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.

You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide CADA with all the information requested on the Website and you should comply with any other CADA requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. CADA reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.

Responsibility for Original Artworks

You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor CADA’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sales of Original Artworks

For sales of original artworks on the Website, you should set your own sale price for each of your original artworks. You may change the sale price for any of your original artworks, at any time, by logging in to your Account and making the change.

If you remove a listing for an original artwork from the Website, the license rights granted by you to CADA to reproduce, distribute and sell reproduced artworks with respect to such an original artwork will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for CADA to fulfill any in-progress orders for such reproduced artworks and any orders for such reproduced artworks accepted by CADA prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to CADA with respect to using such images of original artworks to promote CADA and the Website will remain in full force and effect for only as long as necessary for CADA to fulfill any current obligations that require using the images of original artworks for such promotional purposes.

Copyright Infringement Claims

You acknowledge and agree that CADA takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that CADA, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant CADA the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.

Terms and Conditions for All Members

Payments

All payments are processed in US Dollars. If you do not have a PayPal account, you cannot send or receive payments to or from CADA.

Feedback

We welcome and encourage you to provide feedback, comments or suggestions for improvements of the Website (hereafter “Feedback”) by contacting CADA. You acknowledge and agree that all your Feedback will be the exclusive property of CADA and you hereby agree to irrevocably assign to CADA all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

General Prohibitions

CADA grants you a personal, non-transferable and non-exclusive license to access and use the Website. You acknowledge and agree that CADA strictly prohibits any other use of any content available on the Website, including but not limited to the following:

• To upload or post any text, images, audio, video or other material that: (i) infringes or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) promotes discrimination, racism, harassment or violence against any individual or group; (iii) is fraudulent, false, misleading or deceptive; (iv) is obscene, pornographic, vulgar or offensive;

• To impersonate or misrepresent your affiliation with any person or entity;

• To download, copy, modify, distribute, transmit, transfer, perform, publish, broadcast or use any content available on the Website which you do not have a right to make available;

• To use the Website or any content available on the Website for any commercial purpose in any manner;

• To use, display, mirror or frame the Website, or any individual element within the Website including the layout and design of any page or form contained on a page, ARTRIS’ name, trademark, logo or other proprietary information;

• To upload, post or transmit any material that contains software viruses or computer codes designed to interrupt, destroy or limit the functionality of any computer;

• To attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide any content available on the Website;

• To bypass, remove, deactivate, impair or otherwise circumvent any measures implemented to protect the Website;

• To use any hardware or software intended to surreptitiously access, search, intercept or otherwise obtain any information from the Website; or

• To do any action that may damage or interfere with the proper working of the Website.

CADA will have the right to investigate and prosecute violations of any of the above and may cooperate with law enforcement authorities in prosecuting users who violate the TOS. You acknowledge that CADA has no obligation to monitor your access to or use of the Website or to remove any content, but has the right to do so for the proper operation of the Website. CADA reserves the right, at any time and without prior notice, to remove or disable access to any content that CADA, at its sole discretion, considers to be in violation of the TOS.

Links

The Website may contain links to third-party websites or resources. These links are provided as a convenience to you and as an additional access to the information contained therein. You acknowledge and agree that CADA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or other materials on or available from such websites or resources. Inclusion of links to such websites or resources must not be viewed as an endorsement by CADA of such websites or resources or the content, products, or other materials available on or from such websites or resources. CADA is not responsible or liable, directly or indirectly, for any damage or loss caused in connection with your use of such websites or resources.

Termination

If you breach any of the TOS, CADA may terminate your Account or terminate the TOS, at its sole discretion, without prior notice to you. CADA reserves the right to revoke your access to and use of the Website at any time, for any reason. You agree that CADA shall not be liable to you or any third-party for any termination of your access to and use of the Website.

DISCLAIMERS

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS AND ARTRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

CADA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE OR DATA DUE TO YOUR ACCESS TO OR USE OFTHE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY LINKED WEBSITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTRIS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU.IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to defend, indemnify and hold CADA harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary designations of CADA used herein are trademarks or registered trademarks of CADA. Without prior written permission from CADA, you agree not to display or use in any manner, the CADA trademarks.

General Information

The TOS constitute the entire and exclusive understanding and agreement between CADA and you, govern your use of the Website, and supersede and replace any and all prior oral or written agreements between CADA and you. The failure of CADA to enforce any right or provision of the TOS will not constitute a waiver of future enforcement of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Contacting CADA

If you have any questions about the TOS, please contact CADA.

ACCEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

Modification of Terms 

CADA reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.

Ownership and Use of the Website 

All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of CADA, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. CADA or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in CADA’ sole discretion.

You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to CADA.

Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.

Member Account

In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. CADA reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify CADA of any unauthorized use of your Account.

After opening your Account, you may complete your profile page that includes your headshot image, personal statement, and other information. All of your member information including details of your Account, profile, artworks, CADA exhibitions, favorite artworks, and other information related to your use of the Website, such as orders and sales, will be available on the Website. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.

Privacy Policy

Your personal information provided by yourself during the registration process is subject to the CADA Privacy Policy. 

Terms and Conditions for Artists 

Uploading Images of Original Artworks to the Website 

You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to ARTRIS a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to CADA a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of CADA and the Website.

You acknowledge and agree that the license rights are granted to CADA on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.

You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide CADA with all the information requested on the Website and you should comply with any other ARTRIS requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. CADA reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.

Responsibility for Original Artworks 

You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor CADA’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Infringement Claims 

You acknowledge and agree that CADA takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that CADA, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant CADA the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU.IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification 

You agree to defend, indemnify and hold CADA harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary designations of CADA used herein are trademarks or registered trademarks of CADA. Without prior written permission from CADA, you agree not to display or use in any manner, the CADA trademarks.

Contacting ARTRIS

If you have any questions about the TOS, please contact CADA at This email address is being protected from spambots. You need JavaScript enabled to view it.

ACCEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

Modification of Terms

CADA reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.

Ownership and Use of the Website

All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of CADA, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. CADA or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in CADA’ sole discretion.

You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to CADA.

Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.

Member Account

In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. CADA reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify CADA of any unauthorized use of your Account.

After opening your Account, you may complete your profile page that includes your headshot image, personal statement, and other information. All of your member information including details of your Account, profile, artworks, CADA exhibitions, favorite artworks, and other information related to your use of the Website, such as orders and sales, will be available on the Website. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.

Privacy Policy

Your personal information provided by yourself during the registration process is subject to the CADA Privacy Policy. 

Terms and Conditions for Artists

Uploading Images of Original Artworks to the Website

You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to CADA a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to CADA a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of CADA and the Website.

You acknowledge and agree that the license rights are granted to CADA on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.

You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide CADA with all the information requested on the Website and you should comply with any other CADA requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. CADA reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.

Responsibility for Original Artworks

You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor CADA’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sales of Original Artworks

For sales of original artworks on the Website, you should set your own sale price for each of your original artworks. You may change the sale price for any of your original artworks, at any time, by logging in to your Account and making the change.

If you remove a listing for an original artwork from the Website, the license rights granted by you to CADA to reproduce, distribute and sell reproduced artworks with respect to such an original artwork will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for CADA to fulfill any in-progress orders for such reproduced artworks and any orders for such reproduced artworks accepted by CADA prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to CADA with respect to using such images of original artworks to promote CADA and the Website will remain in full force and effect for only as long as necessary for CADA to fulfill any current obligations that require using the images of original artworks for such promotional purposes.

Copyright Infringement Claims

You acknowledge and agree that CADA takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that CADA, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant CADA the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.

Terms and Conditions for All Members

Payments

All payments are processed in US Dollars. If you do not have a PayPal account, you cannot send or receive payments to or from CADA.

Feedback

We welcome and encourage you to provide feedback, comments or suggestions for improvements of the Website (hereafter “Feedback”) by contacting CADA. You acknowledge and agree that all your Feedback will be the exclusive property of CADA and you hereby agree to irrevocably assign to CADA all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

General Prohibitions

CADA grants you a personal, non-transferable and non-exclusive license to access and use the Website. You acknowledge and agree that CADA strictly prohibits any other use of any content available on the Website, including but not limited to the following:

• To upload or post any text, images, audio, video or other material that: (i) infringes or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) promotes discrimination, racism, harassment or violence against any individual or group; (iii) is fraudulent, false, misleading or deceptive; (iv) is obscene, pornographic, vulgar or offensive;

• To impersonate or misrepresent your affiliation with any person or entity;

• To download, copy, modify, distribute, transmit, transfer, perform, publish, broadcast or use any content available on the Website which you do not have a right to make available;

• To use the Website or any content available on the Website for any commercial purpose in any manner;

• To use, display, mirror or frame the Website, or any individual element within the Website including the layout and design of any page or form contained on a page, ARTRIS’ name, trademark, logo or other proprietary information;

• To upload, post or transmit any material that contains software viruses or computer codes designed to interrupt, destroy or limit the functionality of any computer;

• To attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide any content available on the Website;

• To bypass, remove, deactivate, impair or otherwise circumvent any measures implemented to protect the Website;

• To use any hardware or software intended to surreptitiously access, search, intercept or otherwise obtain any information from the Website; or

• To do any action that may damage or interfere with the proper working of the Website.

CADA will have the right to investigate and prosecute violations of any of the above and may cooperate with law enforcement authorities in prosecuting users who violate the TOS. You acknowledge that CADA has no obligation to monitor your access to or use of the Website or to remove any content, but has the right to do so for the proper operation of the Website. CADA reserves the right, at any time and without prior notice, to remove or disable access to any content that CADA, at its sole discretion, considers to be in violation of the TOS.

Links

The Website may contain links to third-party websites or resources. These links are provided as a convenience to you and as an additional access to the information contained therein. You acknowledge and agree that CADA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or other materials on or available from such websites or resources. Inclusion of links to such websites or resources must not be viewed as an endorsement by CADA of such websites or resources or the content, products, or other materials available on or from such websites or resources. CADA is not responsible or liable, directly or indirectly, for any damage or loss caused in connection with your use of such websites or resources.

Termination

If you breach any of the TOS, CADA may terminate your Account or terminate the TOS, at its sole discretion, without prior notice to you. CADA reserves the right to revoke your access to and use of the Website at any time, for any reason. You agree that CADA shall not be liable to you or any third-party for any termination of your access to and use of the Website.

DISCLAIMERS

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS AND ARTRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

CADA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE OR DATA DUE TO YOUR ACCESS TO OR USE OFTHE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY LINKED WEBSITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTRIS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU.IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEACCEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

Modification of Terms

CADA reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.

Ownership and Use of the Website

All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of CADA, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. CADA or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in CADA’ sole discretion.

You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to CADA.

Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.

Member Account

In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. CADA reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify CADA of any unauthorized use of your Account.

After opening your Account, you may complete your profile page that includes your headshot image, personal statement, and other information. All of your member information including details of your Account, profile, artworks, CADA exhibitions, favorite artworks, and other information related to your use of the Website, such as orders and sales, will be available on the Website. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.

Privacy Policy

Your personal information provided by yourself during the registration process is subject to the CADA Privacy Policy. 

Terms and Conditions for Artists

Uploading Images of Original Artworks to the Website

You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to CADA a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to CADA a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of CADA and the Website.

You acknowledge and agree that the license rights are granted to CADA on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.

You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide CADA with all the information requested on the Website and you should comply with any other CADA requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. CADA reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.

Responsibility for Original Artworks

You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor CADA’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Sales of Original Artworks

For sales of original artworks on the Website, you should set your own sale price for each of your original artworks. You may change the sale price for any of your original artworks, at any time, by logging in to your Account and making the change.

If you remove a listing for an original artwork from the Website, the license rights granted by you to CADA to reproduce, distribute and sell reproduced artworks with respect to such an original artwork will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for CADA to fulfill any in-progress orders for such reproduced artworks and any orders for such reproduced artworks accepted by CADA prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to CADA with respect to using such images of original artworks to promote CADA and the Website will remain in full force and effect for only as long as necessary for CADA to fulfill any current obligations that require using the images of original artworks for such promotional purposes.

Copyright Infringement Claims

You acknowledge and agree that CADA takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that CADA, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant CADA the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.

Terms and Conditions for All Members

Payments

All payments are processed in US Dollars. If you do not have a PayPal account, you cannot send or receive payments to or from CADA.

Feedback

We welcome and encourage you to provide feedback, comments or suggestions for improvements of the Website (hereafter “Feedback”) by contacting CADA. You acknowledge and agree that all your Feedback will be the exclusive property of CADA and you hereby agree to irrevocably assign to CADA all of your right, title and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.

General Prohibitions

CADA grants you a personal, non-transferable and non-exclusive license to access and use the Website. You acknowledge and agree that CADA strictly prohibits any other use of any content available on the Website, including but not limited to the following:

• To upload or post any text, images, audio, video or other material that: (i) infringes or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) promotes discrimination, racism, harassment or violence against any individual or group; (iii) is fraudulent, false, misleading or deceptive; (iv) is obscene, pornographic, vulgar or offensive;

• To impersonate or misrepresent your affiliation with any person or entity;

• To download, copy, modify, distribute, transmit, transfer, perform, publish, broadcast or use any content available on the Website which you do not have a right to make available;

• To use the Website or any content available on the Website for any commercial purpose in any manner;

• To use, display, mirror or frame the Website, or any individual element within the Website including the layout and design of any page or form contained on a page, ARTRIS’ name, trademark, logo or other proprietary information;

• To upload, post or transmit any material that contains software viruses or computer codes designed to interrupt, destroy or limit the functionality of any computer;

• To attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide any content available on the Website;

• To bypass, remove, deactivate, impair or otherwise circumvent any measures implemented to protect the Website;

• To use any hardware or software intended to surreptitiously access, search, intercept or otherwise obtain any information from the Website; or

• To do any action that may damage or interfere with the proper working of the Website.

CADA will have the right to investigate and prosecute violations of any of the above and may cooperate with law enforcement authorities in prosecuting users who violate the TOS. You acknowledge that CADA has no obligation to monitor your access to or use of the Website or to remove any content, but has the right to do so for the proper operation of the Website. CADA reserves the right, at any time and without prior notice, to remove or disable access to any content that CADA, at its sole discretion, considers to be in violation of the TOS.

Links

The Website may contain links to third-party websites or resources. These links are provided as a convenience to you and as an additional access to the information contained therein. You acknowledge and agree that CADA is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or other materials on or available from such websites or resources. Inclusion of links to such websites or resources must not be viewed as an endorsement by CADA of such websites or resources or the content, products, or other materials available on or from such websites or resources. CADA is not responsible or liable, directly or indirectly, for any damage or loss caused in connection with your use of such websites or resources.

Termination

If you breach any of the TOS, CADA may terminate your Account or terminate the TOS, at its sole discretion, without prior notice to you. CADA reserves the right to revoke your access to and use of the Website at any time, for any reason. You agree that CADA shall not be liable to you or any third-party for any termination of your access to and use of the Website.

DISCLAIMERS

THE WEBSITE AND ITS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" BASIS AND ARTRIS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ACCURACY.

CADA ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY VIRUSES OR OTHER FORMS OF CONTAMINATION OR DESTRUCTIVE FEATURES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE OR DATA DUE TO YOUR ACCESS TO OR USE OFTHE WEBSITE OR YOUR DOWNLOADING OF ANY CONTENT FROM THE WEBSITE OR ANY LINKED WEBSITES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ARTRIS OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU.IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to defend, indemnify and hold CADA harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary designations of CADA used herein are trademarks or registered trademarks of CADA. Without prior written permission from CADA, you agree not to display or use in any manner, the CADA trademarks.

General Information

The TOS constitute the entire and exclusive understanding and agreement between CADA and you, govern your use of the Website, and supersede and replace any and all prior oral or written agreements between CADA and you. The failure of CADA to enforce any right or provision of the TOS will not constitute a waiver of future enforcement of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Contacting CADA

If you have any questions about the TOS, please contact CADA.

CEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

Modification of Terms 

CADA reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.

Ownership and Use of the Website 

All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of CADA, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. CADA or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in CADA’ sole discretion.

You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to CADA.

Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.

Member Account

In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. CADA reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify CADA of any unauthorized use of your Account.

After opening your Account, you may complete your profile page that includes your headshot image, personal statement, and other information. All of your member information including details of your Account, profile, artworks, CADA exhibitions, favorite artworks, and other information related to your use of the Website, such as orders and sales, will be available on the Website. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.

Privacy Policy

Your personal information provided by yourself during the registration process is subject to the CADA Privacy Policy. 

Terms and Conditions for Artists 

Uploading Images of Original Artworks to the Website 

You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to ARTRIS a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to CADA a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of CADA and the Website.

You acknowledge and agree that the license rights are granted to CADA on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.

You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide CADA with all the information requested on the Website and you should comply with any other ARTRIS requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. CADA reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.

Responsibility for Original Artworks 

You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor CADA’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Infringement Claims 

You acknowledge and agree that CADA takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that CADA, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant CADA the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU.IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification 

You agree to defend, indemnify and hold CADA harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary designations of CADA used herein are trademarks or registered trademarks of CADA. Without prior written permission from CADA, you agree not to display or use in any manner, the CADA trademarks.

Contacting ARTRIS

If you have any questions about the TOS, please contact CADA at This email address is being protected from spambots. You need JavaScript enabled to view it.

ETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification

You agree to defend, indemnify and hold CADA harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary designations of CADA used herein are trademarks or registered trademarks of CADA. Without prior written permission from CADA, you agree not to display or use in any manner, the CADA trademarks.

General Information

The TOS constitute the entire and exclusive understanding and agreement between CADA and you, govern your use of the Website, and supersede and replace any and all prior oral or written agreements between CADA and you. The failure of CADA to enforce any right or provision of the TOS will not constitute a waiver of future enforcement of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOS must be filed within one year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

Contacting CADA

If you have any questions about the TOS, please contact CADA.

CEPTANCE OF TERMS

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE WEBSITE.

Modification of Terms 

CADA reserves the right to modify or update the TOS at any time and without prior notice to you. It is your responsibility to review the TOS periodically for updates. By continuing to access or use the Website after we have posted a modification on the Website, you are indicating that you agree to be bound by the modified TOS.

Ownership and Use of the Website 

All content available on the Website (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of CADA, its licensors or content providers, and is protected by copyright, trademark and other applicable laws. CADA or its licensors or content providers exclusively own full and complete title to the content available on the Website, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in CADA’ sole discretion.

You may use the Website to sell, purchase, or curate artworks online, or just for your information. However, you may not copy (electronic or hardcopy) any content of the Website otherwise you may breach intellectual property laws and other laws. Commercial use of all or part of the Website is prohibited. All rights not expressed here are reserved to CADA.

Please be aware that some areas of the Website may contain adult or mature content. You must be at least 18 years of age to access and view the Website.

Member Account

In order to become a "Member", you should first create a member account (hereafter "Account") by completing the registration process. During the registration process you will be required to provide certain information including your User-ID, email address, password, and nationality. Note that your User-ID must be unique on the Website and cannot be changed once you complete the registration process. You agree to provide true, accurate, current and complete information about yourself and to maintain and promptly update such information to keep it true, accurate, current and complete. CADA reserves the right to suspend or terminate your Account if you provide any information that is untrue, inaccurate, not current or incomplete. Whenever you sign in to the Website, you will be required to provide your User-ID and password that you set during the registration process. You are responsible for maintaining the confidentiality of your password and you are fully responsible for any activities that occur under your Account, whether or not you have authorized such activities. You must immediately notify CADA of any unauthorized use of your Account.

After opening your Account, you may complete your profile page that includes your headshot image, personal statement, and other information. All of your member information including details of your Account, profile, artworks, CADA exhibitions, favorite artworks, and other information related to your use of the Website, such as orders and sales, will be available on the Website. Details of your Account or other information related to your use of the Website however will not be disclosed to the public.

Privacy Policy

Your personal information provided by yourself during the registration process is subject to the CADA Privacy Policy. 

Terms and Conditions for Artists 

Uploading Images of Original Artworks to the Website 

You may upload images of original artworks that you have created and that you wish to sell on the Website. By uploading images of your original artworks to your portfolio on the Website, you grant to ARTRIS a worldwide, non-exclusive right to sell such original and/or reproduced artworks on the Website, and you also grant to CADA a worldwide, non-exclusive right and license to: (i) reproduce and distribute copies of the original artworks; and (ii) access, view, use, crop, resize, copy, distribute, publicly display, publicly perform, transmit and broadcast copies of the original artworks in any form, medium or technology for the purpose of marketing and promotional activities of CADA and the Website.

You acknowledge and agree that the license rights are granted to CADA on a royalty-free basis and that your sole compensation for the grant of such license rights is included in the sale price of your artworks, which will be payable only upon the sale of your original or reproduced artworks on the Website.

You may not upload images of artworks that you have not created yourself. In order for your listings to be accepted, you should provide CADA with all the information requested on the Website and you should comply with any other ARTRIS requirements. You should provide accurate information on weight, dimensions and origination of the original artworks for sales. Your listings should be accurate, complete and up to date. CADA reserves the right to edit or remove any listings in its sole discretion. You may remove some or all of your listings from the Website at any time.

Responsibility for Original Artworks 

You acknowledge and agree that you are solely responsible for all original artworks that you make available on the Website. Accordingly, you represent and warrant that: you are the creator of all original artworks that you make available on the Website and you are the sole and exclusive owner of all such original artworks; and neither the original artworks that you make available on the Website nor CADA’ use and exploitation thereof will infringe, violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Copyright Infringement Claims 

You acknowledge and agree that CADA takes commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website and that CADA, however, has no obligation to pursue any legal actions against any alleged infringer of your copyrights. You hereby grant CADA the right and authority to take such commercially reasonable steps to protect your copyrights in the images that you uploaded to the Website.

LIMITATION OF LIABILITY

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE WEBSITE REMAINS WITH YOU.IN NO EVENT SHALL ARTRIS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE AND THE CONTENT THEREIN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE WEBSITE, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER MEMBERS OR USERS OF THE WEBSITE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ARTRIS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

Indemnification 

You agree to defend, indemnify and hold CADA harmless from and against any claims, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising from or related to your use of the Website.

Trademarks

All trademarks, service marks, logos, trade names and any other proprietary designations of CADA used herein are trademarks or registered trademarks of CADA. Without prior written permission from CADA, you agree not to display or use in any manner, the CADA trademarks.

Contacting ARTRIS

If you have any questions about the TOS, please contact CADA at This email address is being protected from spambots. You need JavaScript enabled to view it.

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