Terms of Use

WEBSITE TERMS OF USE

Welcome to the Artwrld website, located at: www.artwrld.com (the “Site”), and operated by Artwrld, LLC (“Artwrld”, “we” or “us”). These Website Terms of Use (the “Terms”) govern your access to, and use of, all or part of this Site.

By accessing, viewing, or otherwise using the content, materials, products, or services available on or through the Site, you certify that you have read, understand, and agree to be legally bound, both on your behalf and on behalf of the company you represent (collectively, “you” or the “User”), by these Terms and Artwrld’s Privacy Policy. You represent and warrant that you have all the proper authority needed to bind the company you represent to these Terms. You further agree that your use of the Site or any products or services made available on or through the Site signifies that you fully accept and agree to these Terms. If you do not agree to these Terms, you are not granted permission to use the Site and must exit and discontinue your use of it immediately.

We require all users to be at least 18 years old. If you are under 18 years old you may not use the Site.

THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER CLAUSE. BY USING THE SITE, YOU ARE ACCEPTING THIS AGREEMENT AND, WHILE YOU MAY STILL PURSUE CLAIMS AGAINST ARTWRLD, YOU ARE AGREEING THAT YOU MUST PURSUE YOUR CLAIMS IN A BINDING ARBITRATION PROCEEDING (AND NOT IN A COURT) AND ONLY ON AN INDIVIDUAL (AND NOT A CLASS ACTION) BASIS. PLEASE READ THESE TERMS CAREFULLY TO UNDERSTAND YOUR RIGHTS AND RESPONSIBILITIES.

If you have any questions concerning these Terms or wish to exercise your rights as described below, please contact Artwrld at [info@artwrld.com].

1. The Site

Artwrld is an artist-driven digital art marketplace. The Site uses smart contracts that enable Users of the Site to purchase unique digital creations that have been commissioned by Artwrld from collaborating artists (each, an “Artist”). All artwork on the Site is represented by a unique cryptographic token called a non-fungible token or “NFT,” that is exclusively minted by Artwrld or the Artist on the Site. Purchases of NFTs through Artwrld benefit one or more nonprofit organizations chosen by the Artist.

Minting and purchasing through the Site is managed and confirmed via the Ethereum blockchain, or such other public blockchains as approved by the Site from time to time. Users may only participate in purchasing NFTs on the Site by linking an electronic wallet that allows you to purchase, store, and engage in transactions on supported bridge extensions using the Ethereum cryptocurrency (ETH) or such other cryptocurrency as approved by the Site from time to time. Before purchasing an NFT, you must download a supported digital wallet bridge extension, such as Metamask, and use such extension to connect and unlock your digital wallet through the Site. Once you submit an order to purchase an NFT, your order is passed on to the applicable extension, which completes the transaction on your behalf.

All transactions initiated through the Site are accomplished by supported third-party digital wallet extensions, such as Metamask. By using our Site, you agree that such transactions are governed by the terms of use and privacy policy for that extension. Accordingly, you should review the terms of use and privacy policy made available through the digital wallet extension carefully.

Artwrld does not own or control Metamask, Coinbase, the Ethereum network, or any other third-party site, product, or service you may access, visit or use for the purpose of enabling you to engage in transactions to purchase NFTs on the Site. Artwrld will not be liable for any damage that you may suffer as a result of your transactions or interactions with such third parties.

2. Purchasing NFTs

Each NFT is minted by Artwrld and/or the Artist using a smart contract. Artwrld transactions use smart contract and blockchain technology, including NFTs, cryptocurrencies, and decentralized systems. By using the Site, you acknowledge and agree that such technologies are inherently risky. Users acknowledge and agree that the Artwrld smart contracts may be subject to bugs, malfunctions, timing errors, hacking and theft, or changes to the protocol rules of the applicable blockchain, which can adversely affect the smart contracts and may expose you to a risk of total loss, forfeiture of your digital currency or NFTs, or lost opportunities to buy NFTs. Artwrld assumes no liability or responsibility for any such failures, risks, or uncertainties.

Artwrld or the Artist may set limits or other terms regarding the sale of NFTs, including any royalty payable in connection with any subsequent sale of an NFT, whether or not such sale takes place through the Site. Such terms may be included in the smart contract and/or may be displayed with the NFT on the Site. By purchasing an NFT through the Site, you agree to comply with any terms, including licenses or payment obligations, that are embedded within or otherwise included with any item that you purchase.

Users can obtain NFTs through Artwrld by making an offer, purchasing at the established list price, or bidding on items available through one of our smart contract-enabled auctions. If a User makes an offer to purchase an NFT, the offer is a legally binding agreement to purchase the NFT which is revocable by the User until it is accepted by Artwrld. Once the offer is accepted it can no longer be revoked. Artwrld has sole authority to accept an offer or bid, or not. Additional rules for auctions will be made available on the Site in connection with the specific auction. If you participate in an auction on the Site, you will be responsible for complying with the applicable auction rules in addition to these Terms. Additional fees and “Gas” may be charged in addition to the list price or offered price. No fluctuation in the value of Ethereum or other applicable cryptocurrency shall impact or excuse your obligations with respect to any purchase on the Site. All fees are collected at the time of purchase of an NFT by operation of the smart contract. You are responsible for paying any and all sales, use, value-added, and other taxes imposed by any governmental authority associated with your purchases on the Site. All purchases are final and there are no refunds.

Public blockchain networks require the payment of transaction fees, such as the “Gas Fee” that is charged on the Ethereum network. Such fees are charged for every transaction that occurs on the blockchain network, and thus every transaction occurring on the Site. The value of these transaction fees may change, often unpredictably, and is entirely outside of the control of Artwrld. The User acknowledges that under no circumstances will a contract, agreement, offer, sale, bid, or other transaction on the Site be invalidated, revocable, retractable, or otherwise unenforceable on the basis that such transaction fees for the given transaction were unknown, too high, or otherwise unacceptable to a User. Users also acknowledge and agree that such transaction fees are non-refundable under all circumstances.

3. NFT License / Ownership

When you purchase an NFT through the Site, you agree to be legally bound by the terms of the Artwrld NFT License, which can be found here.

4. Site Content Ownership

As between you and Artwrld, Artwrld or its licensors own all patent, copyright, trademark, trade secret, ideas, concepts, know-how, documentation or techniques or other intellectual property rights that may exist in the Site or any NFTs, photographs, graphics, text, icons, sound files, other files, buttons, data and information included in the Site and the selection and arrangement thereof (collectively, “Site Content”). All Site Content is protected pursuant to copyright, trademark, patent, and other applicable laws. You shall not remove or alter any copyright notice or any other proprietary notice on the Site or on any Site Content. All names, trademarks, symbols, slogans, or logos appearing on the Site are proprietary to Artwrld or its licensors, clients, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. In addition, the “look and feel” of the Site constitutes the service mark, trademark or trade dress of Artwrld and may not be copied, imitated or used, in whole or in part, without our prior written permission. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these Terms. Unless you purchase an NFT, no right, title or interest in or to the Site or any of the Site Content is transferred to you, and all rights not expressly granted herein, or in a Smart Contract to which you are a party, are reserved by Artwrld. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate patent, copyright, trademark and other laws.

5. License to Use the Site

Subject to these Terms, Artwrld hereby grants you a personal, limited, terminable, revocable, non-exclusive, nontransferable, nonsublicenseable license to access and use the Site solely for use in accordance with these Terms. Any rights not explicitly granted in these Terms are strictly withheld and reserved by us. You shall be responsible, at your sole expense, for procuring, operating, and maintaining the computer system, mobile device, hardware, software, and other items necessary or appropriate to enable you to exercise your rights and licenses hereunder. Without limiting any other provisions of these Terms, all content, photographs, and other materials, including the Site, made available to you are the copyrighted work of Artwrld or its licensors. COPYING OR DISTRIBUTING THE SITE OR THE SITE CONTENT IS EXPRESSLY PROHIBITED.

6. Registration

In order to access certain content, services, products, or benefits on the Site, you may be asked to register and create an account. As part of the registration process, you may be asked to click to agree to these Terms and may then be asked to select or submit a username and password. You are fully responsible for your account, including use of the account by any third party, and maintaining the confidentiality of your password. You may also be required to provide Artwrld with certain information about yourself including some types of personally identifiable information, including your phone number, address, email address, wallet address, gender, and age. Any personal information that you provide to Artwrld or which Artwrld collects via the Site is subject to our Privacy Policy, which is incorporated into these Terms by reference as if set forth fully herein.

7. General Restrictions on Use

You agree to use the Site only for purposes that are permitted by these Terms. You agree that you will not violate any applicable laws, regulations, or generally accepted practices and guidelines in the relevant jurisdictions in connection with your use of the Site. You may only use the Site Content for non-commercial use as provided in these Terms, including the restrictions below.

You agree that you will not (and will not attempt to or allow any third party to) do any of the following:

modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site;
interfere with or disrupt the operation of the Site, including restricting or inhibiting any other person from using the Site by means of hacking or defacing;
transmit to or make available in connection with the Site any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
attempt to probe, scan or test the vulnerability of the Site or to breach our security or authentication measures;
take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
harvest or collect the email addresses or other personally identifiable information of other users of the Site;
scrape or collect any content from the Site via automated means;
submit or post false, incomplete or misleading information to the Site, or otherwise provide such information to us;
create user accounts by automated means or under false or fraudulent pretenses;
use the Site in any way that violates, or assists in the violation of, any law, statute, ordinance, or regulation, sanctions program administered in any relevant country, including but not limited to the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or which would involve proceeds of any unlawful activity;
accepting, soliciting, offering, bidding, or otherwise transacting on or off of the Site with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the price of an NFT on the Site;
use the Site or data collected from our Site for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing); or
impersonate any other person, entity or business.

You agree that you are not licensed or permitted to access any portion of the Site that we have not made public or accessible to users (whether registered or not), and you may not attempt to override any security measures in place on the Site.

Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Site shall not be limited to violations of this General Restrictions on Use section. You acknowledge and agree that the unauthorized use of the Site or the Site Content could cause irreparable harm to Artwrld and that in the event of such unauthorized use, Artwrld shall be entitled to an injunction in addition to any other remedies available at law or in equity.

8. Errors, Inaccuracies, and Omissions

Artwrld is not responsible if any Site Content is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site and to seek clarification to extent that any information is ambiguous or lacking clarity.

9. Links to Third Party Websites and Services

For your convenience, the Site may contain links to the websites, applications, or services of third parties from which you may be able to obtain information or use services. For example, we may provide links to social media sites (e.g., Twitter). Except as otherwise noted, such third-party websites, and such information and services are provided by organizations that are independent of us. We do not make any representations or warranties concerning such websites, applications, or services. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites, applications, or services. In addition, we cannot censor or edit the content of any third-party site or application. Therefore, we make no representation as to the accuracy or any other aspect of the information contained in or on such websites, applications, sources or servers. Any linking to or from any such off-site pages or other websites or applications by you is at your own risk. By using the Site, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave our Site, and to read the agreements and privacy policy of each website or application that you visit.

10. Site Access

While Artwrld endeavors to ensure that the Site is normally available 24 hours a day, it will not be liable if for any reason it is unavailable at any time or for any period. Access to the Site may be suspended temporarily and without notice in case of a system failure, maintenance or repair or for reasons beyond our control. Artwrld has the right to terminate or suspend your access to all or part of the Site for any or no reason, including any violation or suspected violation of these Terms.

11. Disclaimers

Artwrld, its subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Content, data, links, advertisements or other items contained within the Site. You bear full responsibility for appraisal and investigation of the risks of a given transaction on the Site and the underlying digital assets. You represent that you have sufficient knowledge and market sophistication to make your own evaluation of the merits and risks of any transaction conducted using the Site or any underlying digital asset. You should understand that the colors of the images that appear on this Site may depend upon your computer and device, so we cannot guarantee that the display of any color will be the same if the Site is accessed from a different computer or device. Artwrld reserves the right to immediately remove any Site Content for any reason, or for no reason. Artwrld cannot and does not review all communications, products, or services made available on or through the Site, but, although not obligated to, may review, verify, make changes to or remove any Site Content, or the Site, including information submitted in connection with the Site Contents or other features at any time, with or without notice in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of Site Content and that you may not rely on such Site Content. THE SITE, THE SITE CONTENT, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. ARTWRLD AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE COMMENTS, THE SITE CONTENT, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SITE OR SITE CONTENT WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR SITE CONTENT ARE FREE OF INACCURACIES, MISREPRESENTATIONS BY USERS, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL COMMENTS, THE SITE, THE SITE CONTENT, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.

You understand that the technical processing and transmission of any information sent to or from our Site may be transferred unencrypted and involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent to or from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to us via the Site or the Internet, including personal information such as your name or address. Artwrld reserves the right to interrupt or discontinue any or all of the functionalities of the Site. Artwrld assumes no responsibility for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; (b) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Site, including any injury or damage to you or to any person’s computer related to or resulting from use of the Site; and (c) any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, use of or browsing of the Site or your downloading of any materials, data, text, images, video or audio from the Site.

12. Assumption of Risk

You accept and acknowledge:

The value of an NFTs is subjective. Prices of NFTs are subject to volatility and fluctuations in the price of cryptocurrency can also materially and adversely affect NFT prices. You acknowledge that you fully understand this subjectivity and volatility and you represent and warrant that you have done sufficient research before making any decision to purchase an NFT.
Transactions carried out through the Site are final and irreversible and there are no refunds.
A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of those ecosystems and related applications and could therefore also negatively impact the potential utility of NFTs.
Regulations governing blockchain technologies, NFTs, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Site and the utility of NFTs.
There are risks associated with bugs and vulnerabilities in smart contracts and other codes. We cannot guarantee full security of a smart contract.
We do not control the public blockchains that you are interacting with or the protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Artwrld has no ability to reverse any transactions on the blockchain.
There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or account. You accept and acknowledge that Artwrld will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Site or any blockchain network, however caused.

13. Consent to Electronic Communications

By using the Site to purchase an NFT, you consent to receive electronic communications from Artwrld, for example by email or by posting notices on the Site. These communications may include notices about your use of the Site and your relationship with us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy all legal communication requirements, including that such communications be in writing. You should maintain copies of all electronic communications with us.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE RELATED TO (A) THE USE OF THE SITE, THE SITE CONTENT, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH THE SITE; (B) THE SITE OR SITE CONTENT OR COMMENTS IN ANY WAY; OR (C) THE USE, INABILITY TO USE OR THE RESULTS OF USE OF THE SITE, ANY WEBSITES LINKED TO THE SITE OR THE MATERIAL ON SUCH WEBSITES; ALL THE FOREGOING REGARDLESS OF LEGAL THEORY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND EXCEPT AS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL WE OR THE RELATED PARTIES BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE FOREGOING, EVEN IF WE AND/OR RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF ARTWRLD OR ITS RELATED PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCESS TO AND USE OF THE SITE, SITE CONTENT, OR ANY ITEMS MINTED, PURCHASED, OR SOLD THROUGH THE SITE EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT PAID TO ARTWRLD BY YOU IN THE TRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.

SOME JURISDICTIONS MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.

15. Indemnification

You agree to indemnify Artwrld and its owners, directors, officers, employees, interns, agents, contractors, and licensors ("Artwrld Indemnitees") against all claims, actions, suits, and other proceedings ("Claims") arising out of or incurred in connection with the Site and your use of the Site, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the Site Content, the services, products, information and other materials on, in and made available through the Site, (except to the extent attributable to Artwrld), or any breach by you of these Terms and shall indemnify and hold Artwrld Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of ArtWLRD. Artwrld or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If Artwrld or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to Artwrld, subject to the right of Artwrld to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.

16. Arbitration

You and ArtWLRD agree that any disputes arising from or relating to these Terms or your use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, which cannot be resolved informally, shall be submitted to final and binding arbitration before one (1) arbitrator; provided, however, in the event that the dispute involves an allegation of liability in excess of $250,000 USD, three (3) arbitrators shall be used. Any dispute arising out of these Terms shall be resolved exclusively through final and binding arbitration conducted by the American Arbitration Association (the “AAA”) pursuant to its Commercial Arbitration Rules. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. However, an arbitrator can award the same damages and relief on an individual basis that a court can award to an individual; and an arbitrator must also follow and enforce these Terms, as a court would. All issues are for the arbitrator to decide, except that issues relating to arbitrability and the scope or enforceability of this agreement to arbitrate shall be for a court of competent jurisdiction to decide. Arbitration shall take place in New York, NY unless Artwrld elects otherwise.

All matters relating to the Site and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to its choice or conflict of law provisions or rules. The arbitrator will decide the substance of all claims in accordance with the laws of State of New York. The arbitrator shall not be bound by rulings in prior arbitrations involving different ArtWLRD users, but is bound by rulings in prior arbitrations involving the same Artwrld user to the extent required by applicable law. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You acknowledge and agree that you and Artwrld are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Artwrld otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

In the event this Section 12 is held unenforceable, then the entirety of this Section 12 will be deemed void. Except as provided in the preceding sentence, this Section 12 will survive termination of the Terms and your use of the Site.

Notwithstanding the foregoing, each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

17. Operation of the Site and United States Law

The Site is controlled and operated from within the United States. Without limiting anything else, Artwrld makes no representation that the Site, Site Content, information, or other materials available on, in, or through the Site is appropriate or available for use outside the United States, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from outside the United States do so on their own will and are responsible for compliance with applicable laws.

18. Complaint Policy

If you believe that any content or posting on the Site violates your intellectual property or other rights, please notify Artwrld at the email address set forth above, providing a comprehensive, detailed message setting forth the following information: (a) your name and the name of your company, if any; (b) your contact information, including your email address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate, and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”

19. Miscellaneous

These Terms, and Artwrld’s Privacy Policy, constitute the entire legal agreement between you and Artwrld regarding the Site and govern your use of the Site and any transactions you may have with Artwrld through the Site. These Terms completely replace and supersede any prior agreement or understanding, arrangement, undertaking, or proposal, written or oral, between you and Artwrld regarding these matters. In the event any other rule, code of conduct, or other matter posted on the Site conflicts with these Terms, these Terms shall govern. No oral explanation or oral information given by any party shall alter the interpretation of these Terms.

When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”

You understand that Artwrld may make changes to these Terms from time to time. Your continued use of the Site following the posting of changes to these Terms will be considered your consent to those changes. When these changes are made, Artwrld will make a new copy of the Terms available on the Site. You agree that Artwrld is under no obligation to provide you with notices regarding changes to these Terms. You understand that it is your responsibility to check the Terms regularly for changes.

You agree that any failure or delay by Artwrld to exercise or enforce any legal right or remedy contained in or made available by these Terms (or that Artwrld has the benefit of under any applicable law) will not be taken to be a formal waiver of Artwrld’s rights and that those rights or remedies will still be available to Artwrld. If any court of law, having the jurisdiction to decide a matter arising out of these Terms, rules that any provision of these Terms is invalid, then that provision will be removed from these Terms without affecting the rest of the Terms and the remaining provisions will continue to be valid and enforceable.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

These Terms are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Last Updated: July 1, 2022