Policies

Terms and Conditions

License to Use the Site and Services; Restrictions
ArtLA grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and Services and the materials thereon for your personal informational use only, provided that you comply fully with these Terms. You may not modify, create derivative works from, participate in the transfer or sale of, post on the World Wide Web, or in any way exploit the Site or Services or any portion thereof for any public or commercial use without the express written permission of ArtLA. You may not distribute, transmit, reproduce, publish, license, rewrite, create derivative works from, transfer, or sell any material contained on this Site or Services without the express prior consent of the copyright owner. None of the material contained on the Site or Services may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means, including without limitation, electronic, mechanical, photoreproduction, recordation or otherwise, without the prior written consent of ArtLA. Any images of artworks included in the Site or Services are provided for use only in the context of the Site or Services and subject to all of the limitations set forth herein. All rights not expressly granted herein are reserved to ArtLA.

You shall not interfere or attempt to interfere with the operation of the Site or Services in any way through any means, software, routine or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these terms and conditions of use. You may not use any robot, spider, other automatic device, or manual process to monitor or copy our Site or Services or any content contained thereon or for any other purpose without our prior express written permission. You may not take any action that imposes an unreasonable or disproportionately large load on ArtLA’s infrastructure.


Ownership
ArtLA owns, controls, licenses or has the right to use and provide the Site and Services and all material on the Site and Services, including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site and Services are also protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws.  You agree to abide by any and all copyright notices, information or restrictions displayed on the Site and Services.

You acknowledge that you do not acquire any ownership rights by your permitted use of the Site, its content or any Services. You are responsible for complying with all applicable laws, rules and regulations regarding your use of any content. In the event of any permitted copying, redistribution or publication of material from the Site and Services, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.


Change to Site or Services; Termination
ArtLA shall have the right for any reason, in its sole discretion, to terminate, change, suspend or discontinue, temporarily or permanently, any aspect of the Site or Services, including but not limited to content, features, or hours of availability, without notice to you. ArtLA may also impose limits on certain features and services or restrict your access to parts or all of the Site or Services with or without notice or liability. You agree that ArtLA may terminate your use of this Site and the Services, cancel your user registration, remove your Communications and Contributions (as defined below), and/or exercise any other remedy available to it, if ArtLA reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms, or violated the rights of ArtLA or any third party, or for any reason with or without notice to you. You agree that ArtLA will not be held liable to you or any third party as a result thereof.

 
Links to Other Web Site
The Site and some Services contain links and pointers to third party web sites, resources and sponsors. Links to and from the Site or Services to third party sites do not constitute an endorsement by ArtLA or any of its subsidiaries and affiliates of any third party, its site, resources or contents. ArtLA cannot guarantee, represent or warrant that the content contained in these sites is true, accurate, lawful and/or inoffensive. ArtLA has no control over these sites or the content within them. ArtLA doe not warrant that any third party site will be free of viruses or will not adversely impact your computer. You should direct any concerns regarding any external link to its site administrator or webmaster.
 
 
ArtLA's Rights to Materials Provided by Users
ArtLA welcomes your comments regarding our merchandise and Services, including the Site. By posting messages, uploading files, inputting data, providing information, content or materials to ArtLA or engaging in any other form of communication (individually or collectively "Communications") to or within the Site or Services, you grant to ArtLA a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit, create derivative works and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, patent or other laws under any relevant jurisdiction. You waive all rights you may have to inspect and/or approve of any use by ArtLA of any material or idea submitted by you in any Communications or to receive any compensation for such use. You waive all rights to any claim against ArtLA for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that ArtLA is under no obligations to use any material or ideas submitted by you in any Communications in any way whatsoever.

Any or all Communications provided by you to the Site or Services may be included in a database owned by ArtLA and its subsidiaries and affiliates in which we have rights and interest, including but not limited to, copyright in the compilation or collection. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site or Services to the fullest extent permitted by law.
 

No Responsibility for User Transmitted Material
You acknowledge that transmissions to and from this Site and any Services are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to ArtLA or the Site or Services, no confidential, fiduciary, contractually implied or other relationship is created between you and ArtLA or any ArtLA affiliate or subsidiary other than pursuant to these terms and conditions of use. ArtLA shall not be responsible for the payment of any monies to any party in connection with ArtLA's use of Communications submitted by you to the Site.
 

Monitoring, Editing and Disclosure of User Material
Any messages, files, data, information, content, materials or other contributions of third parties (“Contributions”) to the Site or Services do not necessarily represent the view or opinions of ArtLA. ArtLA does not assume any responsibility for the consequences of Contributions on or any communications or results arising from use of the Site or Services. ArtLA does not represent or guarantee the truthfulness, accuracy or reliability of any Contributions posted by users or endorse any opinions expressed by such users. ANY RELIANCE UPON CONTRIBUTIONS POSTED ON THE SITE OR SERVICES IS AT YOUR OWN RISK.

You agree that ArtLA has the right, but not the obligation, to monitor your Communications and all Contributions on the Site or Services at any time for any reason in its sole discretion to determine compliance with these Terms and any other rules, policies or guidelines that ArtLA may establish from time to time. Notwithstanding this right of ArtLA, ArtLA does not and cannot review all materials posted to the Site or Services by users, and ArtLA is not responsible for any such Communications or Contributions posted by users. ArtLA reserves the right at all times to edit, disclose, refuse to post, request removal of or remove any Communication or Contribution, in whole or in part, in its sole discretion, including without limitation, as may be necessary to comply with any law, regulation or government or agency request or if, in ArtLA's sole discretion, such materials are objectionable or in violation of these Terms. ARTLA HAS NO LIABILITY OR RESPONSIBILITY TO USERS OR ANY OTHER PERSON OR ENTITY FOR PERFORMANCE OR NONPERFORMANCE OF THE AFOREMENTIONED SCREENING ACTIVITIES.
 
 
User Conduct
Any of the following conditions constitutes a violation of these Terms and may result in the termination of your right to use the Site or Services without notice:
    Disrespecting the privacy or views of other users;
    Using ArtLA or the Site or Services for unlawful purposes or to promote any unlawful activities;
    Impersonating another person, allowing another person to use your identification to post or view comments or soliciting passwords or personal identifying information from other users;
    Transmitting "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; or
    Submitting a Communication or Contribution that infringes or contributes to the infringement of the copyright rights, intellectual property rights or privacy rights of others or that is obscene, defamatory, harmful, abusive, threatening or false.
 
 
Indemnification
You agree to indemnify, defend and hold harmless ArtLA, and all its officers, directors, owners, agents, employees, content providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all claims, actions, losses, damages, liabilities, and all fees, costs and expenses of any kind related thereto (including without limitation, attorneys' fees and settlement amounts) incurred or suffered by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from: (i) your use of, or inability to use, the Site or Services; (ii) any negligence, willful misconduct or any breach of this Agreement, including without limitation, breach of any warranty, covenant or obligation hereunder by you. You agree to use counsel reasonably satisfactory to the Indemnified Parties to defend each indemnified claim or action. ArtLA reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not in any event consent to the entry of any judgment or settle any claim, action or other matter without the prior written consent of ArtLA.
 
 
Disclaimer of Warranties
ArtLA does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site or Services. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. ArtLA reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site or Services.
THE SITE AND SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE BY INDIVIDUAL USERS AND USERS MUST EXERCISE THEIR DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITE.
NEITHER ARTLA NOR ITS CONTENT PROVIDERS WARRANT THAT THE FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY OTHER SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. If your use of this Site or Services results in the need for servicing or replacing property, material, equipment or data, ArtLA is not responsible for those costs.

NEITHER ARTLA NOR ITS CONTENT PROVIDERS MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF THE SITE OR SERVICES, THE CONTENT THEREOF, THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR SERVICES OR ANY LINKED SITE. NEITHER ARTLA NOR ITS CONTENT PROVIDERS WARRANT THAT the Site or Services will meet your requirements or that specific results will arise from use of the Site or Services, any Contributions, search, link or any other ArtLA products or services.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND/OR SERVICES.
 
 
Limitation of Liability; Exclusion of Damages
ArtLA is not liable for any lost data resulting from the operation of our Site, provision of Services and/or the enforcement of the Terms. We urge all users to maintain their own back up versions of any Communications or Contributions they provide for submission to the Site or Services.

ArtLA disclaims any and all liability for the acts, omissions and conduct of any users, advertisers and/or sponsors on the Site or Services or otherwise related to your use of the Site and/or Services. ArtLA is not responsible for the products, services, actions or failure to act of any other third party in connection with or referenced on the Site or Services

ARTLA AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF, OR INABILITY TO USE THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS

UNDER NO CIRCUMSTANCES SHALL ARTLA, ITS SUBSIDIARIES, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR ANY SERVICES, OR ANY CONTENT, MATERIALS AND FUNCTIONS INCLUDED THEREIN, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF ARTLA, ITS SUBSIDIARIES AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR ANY SERVICES EXCEED, IN THE AGGREGATE, $100.00.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 
 
Non-United States Residents
ArtLA makes no representation that materials in the Site or any Services, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations outside the United States. Those who choose to access this Site or Services from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
 
 
Changes to Terms and Conditions
ArtLA reserves the right, at its sole discretion, to change, modify, add or remove any portion of these terms and conditions of use, in whole or in part, at any time. Changes in these terms and conditions of use will be effective when posted. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these terms and conditions of use are posted constitutes acceptance of those changes.
 
 
Additional Remedies
You agree that monetary damages may not provide a sufficient remedy to ArtLA for your violation of these Terms, and, accordingly, you acknowledge and agree that ArtLA is entitled to immediate injunctive relief for any such violation without the necessity of posting a bond, in addition to any other remedy available to ArtLA under this Agreement, at law or in equity. ArtLA may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. ArtLA is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.
 
 
Survival
The provisions titled "Ownership" "Changes to Site or Services; Termination" "ArtLA's Rights to Materials Provided by Users," "No Responsibility for User Transmitted Material," "Monitoring, Editing and Disclosure of User Material ," "Indemnification", "Disclaimer of Warranties," "Limitation of Liability," "Additional Remedies," "Survival" and "General Provisions" will survive termination of this agreement, together with all other terms and conditions that by their nature or context are intended to survive termination.
 
 
General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of California, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in the City of Santa Monica in the State of California and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and ArtLA with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No term or condition of this Agreement shall be held to be waived, modified or deleted except by a written instrument signed by the parties hereto. No waiver by either you or ArtLA of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Any cause of action you may have with respect to ArtLA must be commenced within one year after the claim or cause of action arises or such claim or cause of action is barred.

Privacy Polices

ArtLA has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for our Web site.

If you have questions about ArtLA's privacy policy or if you feel that we are not abiding to the terms of this privacy policy, you should contact Customer Support via email

Information Collection and Use
ArtLA collects information from users at several different points on its site and it is the sole owner of the information collected on this site. We do not sell, share, or rent this information to others in ways different from what is disclosed in this statement. The ArtLA site contains links to other sites. ArtLA is not responsible for the privacy practices or the content of Web sites that link to or from ArtLA.


Registration and Order Forms
In order to use some of our services, users must become a registered user (a.k.a. "Member") by first completing the Member Services registration form. This registration form requires users to supply their contact information (e.g., name and address).

We use this customer contact information to send information to our registered users about the services for which they have subscribed.  It is optional for users to provide demographic information (such as income level and art interest), but we encourage users to provide this information so that we can provide a more personalized experience on our web site.


Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. ArtLA uses cookies in the Member Services area of our site to save users' passwords so that they don't have to re-enter it each time they visit the Member Services area of the site. Cookies on our site are in no way linked to any personally identifiable information. Some of our business partners use cookies on our site (for example, advertisers) and we have no access to or control over these cookies.


Log Files
We use your IP (Internet Provider) address to help diagnose problems with our server, and to administer our Web site. We use IP addresses to analyze trends and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


Data Sharing
We do not give out, sell or rent registered user address, credit or debit card information except where needed to deliver a product or service that a registered user has ordered or to comply with valid legal process or in special cases. We may occasionally share aggregated user demographic information with our partners and advertisers. This is not linked to any personal information that can identify an individual person.

We use a credit card processing company to bill users for goods and services. These companies do not retain, share, store or use personally identifiable information for any secondary purposes.


Links To Other Web Sites
This Web site contains links to other sites. Please be aware that ArtLA is not responsible for the privacy practices of sites which link to or from ArtLA. We encourage our users to read the privacy statements of every web site they visit that collects personally identifiable information.


Security
ArtLA has security measures in place to protect the loss, misuse and alteration of the information under our control. ArtLA takes every precaution to protect our users' information. When our registration/order form asks users to enter sensitive information (such as credit card numbers), that information is encrypted and is protected with SSL encryption software.

While we use SSL encryption to protect sensitive information online, we also take precautions to protect user-information off-line. All of our users' information, not just the sensitive information mentioned above, is restricted in our offices. Only authorized employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information.


Correspondence With Users
We send all registered users an email confirming their password, username and service selection each time they change their service selection or create/update their profiles. We also send site and service announcement updates that contain important information about the services on our Web site. In addition, our Customer Support Department may, as the individual situation warrants, communicate with users via telephone or email to provide them with services they have requested or to follow-up on issues relating to their account.

We do not sell, rent or otherwise provide our registered users email addresses to third parties. However we occasionally send postcards to our registered users informing them of our new products, services, or special auctions. Users who do not wish to receive this correspondence should send an email specifying their request along with their username, name, and address.


Correcting/Updating Personal Information:
Registered users can update their address or credit/debit card information at any time by logging into the Member Services area of the site (using their Username and Password) and then clicking on the "Update Personal Information" link. In addition, ArtLA Customer Support is available Monday-Friday (9-5pm) to assist Privacy Policy questions.     
 

Public Forums/Email Communication
This site makes free email and news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when disclosing personal information. ArtLA does not monitor the online communication (including emails) which take place on our site except to comply with valid legal process, to protect the rights or property of ArtLA, or for emergencies.


Note To Parents
At ArtLA we are aware that many children may want to visit us on the internet. Although we welcome browsing, we encourage children to receive permission from their parents before submitting any personal information over the internet. ArtLA believes parents should be responsible for supervising the online activities of their children and taking into account various tools that allow them to provide their children with a controlled, child-friendly internet. These tools are designed to preclude children from releasing personal information online without the permission of their parents.


Notification of Changes to This Privacy Policy
Our privacy policy is posted in the "About Us" section of our site. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will update our privacy policy and notify our registered users via email.


Contacting Us
If you have any questions about ArtLA's privacy statement or the practices of this site, please contact Customer Support via email.
        

Intellectual Property Rights Policy     

              
Intellectual Property Rights Policy for Posting on ArtLA's Web Site and Statutory Notice of Claimed Infringement     
      
ArtLA endeavors to protect intellectual property rights. Toward this end, ArtLA seeks to obtain assurances from artists displaying images on or providing information to ArtLA or on the ArtLA Site that the materials and information provided by such persons and entities do not infringe any third party’s rights. In addition, ArtLA has the right to terminate, in appropriate circumstances, the accounts or subscriptions of any users of the ArtLA Site who infringe any third party proprietary rights, whether on a single instance or repeatedly. If you have any questions or concerns related to the intellectual property or proprietary rights of any image(s) or item(s) of information found on the ArtLA site please contact:

Heidi Gray
Co-Founder and President
2525 Michigan Avenue, Bldg. D4
Santa Monica, CA  90404
P: 310.315.0282
F: 310.315.9182
Email: heidi@artla.com