By accessing or using 'ArtLabs', you agree to adhere to and be bound by the terms
and conditions in this Agreement. Please read this Agreement carefully before
accessing or using 'ArtLabs'. If you cannot accept this Agreement, you may not
access or use ArtLabs.
In this Agreement, ArtLabs, the ArtLabs Service, all services related to it,
including all text, images, photographs, user interface, look and feel, data and
other content (including the selection, coordination and arrangement of such
content) are referred to as the "App" or "Service."
ArtLabs reserves the right to change the Terms and Conditions of the Agreement and
such modifications shall be effective immediately. Users should visit this page
periodically to review the Terms and Conditions because they legally determine the
conditions under which they are allowed to use the Service. A User's continued
access of this App shall be deemed acceptance of the modified agreement.
1. Services Generally.
The Service is an
online offering where individuals or entities (“User" or collectively, "Users") can
design and/or create a quotes, poster, banner, photo, logo and/or business cards using
materials and tools provided by ArtLabs. Users agree that ArtLabs is responsible for
providing this service, and that ArtLabs is not responsible for providing any other
services or tasks not specifically outlined in these Terms.
Users must purchase in-app
items to use the all graphics, artworks, symbols and designs (and associated materials)
in our Service to create the quotes, poster or any designs. ArtLabs retains the
copyrights and all associated rights to the original symbols, but the non-exclusive
license allows Users to use and display that graphics & artworks in the customized
poster and banner. The artworks (and other materials) used in any preliminary design
that are not contained in the final version of the design remain the property of
ArtLabs. Under this license, Users cannot sell, assign, or transfer rights to the
graphics, but any trademark rights developed in the customized designs will be owned by
2. Responsibility for Content
ArtLabs shall not be
responsible for any use that is or is not made of the App. ArtLabs makes no
representations, warranties or guarantees regarding the truthfulness, accuracy, or
reliability of any information that is communicated to and from the App. does not
endorse any opinions expressed by any User. Each User agrees and acknowledges that he
creates a designs at his own risk and that he is responsible for taking any actions
necessary to determine whether its use will infringe any third party intellectual
property, privacy, or publicity right. User agrees to be solely responsible for the
accuracy of the content of any design created for User by ArtLabs.
3. Rights to Use.
information or media provided by User in connection with use of the Service
(collectively, the "User Information"), ArtLabs has all rights necessary to use the User
Information to provide the Service.
Upon submission of User
Information to the Service, User grants ArtLabs a royalty-free, perpetual, irrevocable,
sublicenseable, exclusive, worldwide license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, communicate to the public, moral
right, perform, display, and/or incorporate in other works, in any form, media, or
technology now known or later developed for the full term of any intellectual property
rights that may exist in such User Information to the extent necessary to provide the
Subject to Users
compliance with this Agreement, User shall own the customized design created by the
Service (there is no guarantee the graphic has not been used previously). User shall
not, however, own any materials, media or other content generated during the process of
creating that design or by using ArtLabs. User grants to ArtLabs the right to use any
such material (other than the customized) for internal and archival purposes. Users also
grant ArtLabs the right to utilize the customized design in connection with advertising,
marketing and promotional materials. ArtLabs shall retain sole title to and ownership of
all designs created or otherwise used in connection with the production of User's design
(poster,banner or quotes).
The contents of
this App, including the user interface, text, graphics, artworks, icons, free graphics,
images, data compilations, the selection and format thereof, as well as the underlying
software and databases are the property of ArtLabs and are protected by international
copyright and trademark laws.
owns all right, title and interest in and to all copyright, trademarks, service
mark, patent, trade secret or other intellectual property and proprietary rights
in and to the App to the fullest extent provided under international law. Users
shall not remove, conceal or alter any copyright notice, byline information,
disclaimer, restriction, or other notice. Users shall not use or permit any
third party to use the name, trademarks, trade names, or trade dress of ArtLabs
without the written consent of ArtLabs.
that no trade or service marks are being conveyed under this Agreement. User
acknowledges that ArtLabs has no obligation or duty to perform trade or service
mark searches to validate the propriety or legality of the customized design.
Accordingly, ArtLabs encourages Users to perform their own independent searches.
User acknowledges that ArtLabs shall have no responsibility to assist User in
seeking provinical or federal intellectual property protection (i.e., trademark
registration). ArtLabs shall not be responsible to assist User to perfect the
4. Disclaimers; Limitations of Liability.
serves as a venue for the creation of designs. ArtLabs does not screen or censor any
information or material posted to the Web. Although ArtLabs makes reasonable efforts to
determine the identity of Users, ArtLabs does not confirm the specific identity of any
User. Accordingly, if a User has a dispute with another User, Users release ArtLabs from
claims, demands, and damages of every kind and nature arising out of or in any way
connected with such disputes.
SERVICE IS PROVIDED "AS IS." ArtLabs MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR
IMPLIED OF ANY KIND RELATING IN ANY WAY TO THE APP, INCLUDING ANY USER IDENTITY OR
LINKED CONTENT. ArtLabs DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL
SUCH REPRESENTATIONS AND WARRANTIES. ArtLabs SPECIFICALLY DISCLAIMS TO THE MAXIMUM
EXTENT PERMITTED BY LAW ANY AND ALL (i) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, (ii) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL
PROPERTY OR PROPRIETARY RIGHTS, (iii) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS,
ERRORS, OR OMISSIONS IN THE APP, OR ANY PART THEREOF, (iv) WARRANTIES RELATING TO THE
TRANSMISSION OR DELIVERY OF THE APP, AND (v) WARRANTIES OTHERWISE RELATING TO
PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY ArtLabs OR ANY THIRD PARTY.
FURTHER, ArtLabs DOES NOT WARRANT THAT THE APP WILL MEET USERS NEEDS OR REQUIREMENTS OR
THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
The above disclaimer applies to any damages, liability or
injuries caused by any failure of performance, error, omission, interruption, deletion,
defect, delay in operation or transmission, computer virus, communication line failure,
theft or destruction of or unauthorized access to, alteration of, or use, whether for
breach of contract, tort, negligence or any other cause of action.
ArtLabs NOR ANY THIRD PARTY SHALL BE LIABLE TO USERS OR ANY OTHER PERSON FOR ANY REMEDY,
LIABILITY, DAMAGES, COSTS, OR LOSSES RELATING TO THE APP OR ANY OTHER CONTENT, WHETHER
ARISING UNDER THESE TERMS OR ANY APPLICABLE LAW.
IN NO EVENT SHALL ArtLabs OR ANY THIRD PARTY BE LIABLE TO USERS OR ANY OTHER PERSON FOR
CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES (INCLUDING
LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND
DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS
OF THE USE OF THE SERVICE) ARISING UNDER OR IN ANY WAY RELATED TO THE APP OR ANY OTHER
CONTENT, EVEN IF ArtLabs OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES OR LOSSES.
Users agree to defend, indemnify and hold harmless ArtLabs and its
subsidiaries, affiliates, officers, agents, partners and employees from all
liabilities or claims of any third party arising out of Users violation of this