Users are advised to read these Terms of Service (referred to as “Terms of Service” or “Terms”) carefully before using the website and services operated by Arts & Co. and all associated trademarks or service marks.
These terms of service shall manage your use of our website and services.
By accessing the Arts & Co. website or utilizing its services, users acknowledge that they have read, understood, and agreed to be bound by the terms of this agreement. Users who do not agree to these terms are advised to discontinue use of the website and its services immediately. Arts & Co. grants access to its website, products, and services exclusively to individuals who accept and comply with the terms outlined in this agreement. Use of the website or any of its applications is strictly prohibited for those who disagree with any part of the Terms of Service. Users are responsible for reviewing these terms periodically, as Arts & Co. reserves the right to modify, update, or amend this agreement at any time without prior notice. This agreement constitutes the entire understanding between the user and Arts & Co., superseding all prior agreements related to the use of this website and its services. For any questions or concerns regarding these Terms of Service, users are encouraged to contact the Arts & Co. Administration.
Prior to continued use of the Arts & Co. website, users are strongly encouraged to review the company's Privacy Policy, which outlines practices regarding the collection and use of user data. Understanding this policy is essential for informed use of the website and its services. Access to certain areas of the website is restricted. Arts & Co. reserves the right, at its sole discretion, to further restrict or revoke access to any part of the website at any time, without prior notice. Any usernames, passwords, or other login credentials created or used by the user in connection with this website are considered confidential. Users are solely responsible for maintaining the confidentiality and security of their login information.
By accessing the Arts & Co. website or using its services, users acknowledge and agree that all materials, products, and services provided on the website are the exclusive property of Arts & Co., its affiliates, directors, officers, employees, agents, suppliers, or licensors. This includes, but is not limited to, all copyrights, trade secrets, trademarks, service marks, patents, and other forms of intellectual property. Users agree not to reproduce, redistribute, or exploit any of Arts & Co.’s intellectual property in any form, whether electronic, digital, or through new trademark registrations.
All rights related to the Arts & Co. service mark and its digital artworks not expressly granted in these Terms are hereby reserved by Arts & Co. All downloadable digital artworks made available by Arts & Co. are licensed to the user, not sold. Arts & Co. retains full ownership, title, and all associated intellectual property rights in and to the Arts & Co. service mark, as well as all digital downloads. The Arts & Co. logo is a registered service mark within the United States. Unless expressly authorized in writing by Arts & Co., users shall not, and shall not permit any third party to: a) Modify the digital artworks; b) Use the digital artworks to advertise, market, or promote any product or service; c) Use the digital artworks in connection with media that depicts or promotes hatred, intolerance, violence, cruelty, or any content that may negatively impact the Arts & Co. brand; d) Use the digital artworks in any media, except for personal, non-commercial purposes, and only for as long as the user owns the digital artwork; e) Sell, distribute for commercial gain, or otherwise commercialize any merchandise containing or consisting of the digital artworks, including offering such merchandise for free with the intent of future commercial benefit; f) Attempt to register any trademark, copyright, or acquire any additional intellectual property rights in or to the digital artworks; or g) Use the digital artworks for any commercial purpose or for the commercial benefit of any third party.
When a user purchases and acquires a digital download from Arts & Co., they obtain ownership of the digital file as personal property. However, such ownership does not extend to the underlying intellectual property rights in the digital artwork, which remain the sole property of Arts & Co.. Arts & Co. grants the user a non-exclusive, non-sublicensable, royalty-free license to use, copy, and display the digital download associated with the user’s purchase, for as long as the user retains ownership of the digital artwork. Ownership is determined by the records maintained in the user’s Arts & Co. account and the official Arts & Co. platform. This license permits use of the digital download solely for the following purposes: a) For the user's own personal, non-commercial use, including the creation of one (1) backup copy of the digital artwork and one (1) physical print of the digital artwork, both of which must be retained only while the user owns the associated digital file; and b) In connection with the effort to sell or otherwise transfer ownership of the digital artwork, in accordance with the applicable ownership rights. The license described above is non-transferable, except in the event of a lawful transfer of the digital artwork itself, in which case the license will automatically transfer to the new owner. This license does not grant any rights to use Arts & Co. service marks, trademarks, or any other intellectual property rights relating to the designation of source or origin. Users may not use, register, or attempt to register any assets, including, but not limited to, domain names, social media accounts, or related addresses, that contain or incorporate any artwork, representation, name, or mark that is identical or confusingly similar to Arts & Co. trademarks or branding.
As the holder of personal property rights to a digital artwork or collection purchased from Arts & Co., the user represents and warrants that they will not engage in any secondary transaction involving the transfer of such digital artwork to any individual or entity that is: a) Located in a country subject to a United States Government embargo; b) Located in a country designated by the United States Government as a supporter of terrorism; or c) Listed on any United States Government list of prohibited or restricted parties. For the purposes of this agreement, a "secondary transaction" refers to any transaction in which the digital artwork is sold or otherwise transferred by a current owner to another party, outside of the original sale. A "primary transaction" refers to the initial sale of the digital artwork conducted through the official Arts & Co. marketplace.
The license granted to the user for the use of the digital artwork shall automatically and immediately terminate, without prior notice, and all rights shall revert to Arts & Co. if, at any time: a) The user breaches any provision of this agreement; b) The user engages in unlawful activity in connection with the digital artwork, including transferring it to a prohibited party; c) The user initiates any legal action (excluding arbitration, as specifically provided herein) against Arts & Co. or any of its subsidiaries, affiliates, or representatives, including but not limited to officers, directors, members, agents, attorneys, and employees (collectively referred to as the “Arts & Co. Parties”); or d) Arts & Co., in its sole discretion, determines that the user has made disparaging statements about any of the Arts & Co. Parties, their brand(s), or their products. Upon termination, discontinuation, or cancellation of the user’s license to the applicable digital artwork, Arts & Co. reserves the right to disable access to the digital artwork. The user must immediately delete, remove, or otherwise destroy any backup, digital copy, or physical reproduction of the digital artwork in their possession.
All services and/or products sold by Arts & Co. through this website are provided without any representations or warranties, whether legal, contractual, express, or implied. All sales are final and non-refundable. Payments for purchases made on the Arts & Co. website are processed securely through the platform. By completing a purchase, the buyer agrees to pay all applicable fees and authorizes Arts & Co. to deduct any associated charges, including transaction fees, directly from the payment.
All merchandise sold by Arts & Co. through this website is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, Arts & Co. expressly disclaims all warranties, including, but not limited to, implied warranties of non-infringement, merchantability, fitness for a particular purpose, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
The user agrees to indemnify, defend, and hold harmless Arts & Co. and its affiliates from and against any and all liabilities, legal claims, costs, demands, causes of action, damages, and expenses arising in any way from the user’s use or misuse of Arts & Co.’s services or from any breach of these Terms. This indemnification includes, without limitation, all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses, including attorneys’ fees, that directly or indirectly arise from or relate to any claim, suit, action, demand, or proceeding brought by any third party, including any individual who accesses or transacts through the Arts & Co. website. Arts & Co. reserves the right to assume exclusive defense and control of any such claims or losses, at its sole discretion.
To the fullest extent permitted by applicable law, Arts & Co. and its affiliates shall not be liable to the user or any third party for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, any loss of data, business opportunities, reputation, profits, or revenues arising from or related to the use of Arts & Co.’s services. Arts & Co. assumes no liability whatsoever, including liability for negligence, for any loss or damage, whether direct, indirect, consequential, or otherwise, suffered or incurred by any person in connection with the products, advice, recommendations, information, or services provided.
The parties agree to make a good faith effort to resolve all claims or disputes arising from or relating to this agreement initially through mediation. The mediator shall be selected jointly by the parties. If the dispute is not resolved through mediation, the parties agree to submit all claims or disputes to binding arbitration as outlined in this section. Any claim or controversy between the parties arising out of or relating to this agreement, or breach of the agreement, shall be settled in accordance with the dispute resolution procedure set forth below.
The disputing party must provide written notice to the other party promptly after the dispute arises. Within twenty (20) days of receiving the notice, the receiving party shall submit a written response. Both the notice and response must include a general statement of each party’s position and identify the name and title of the executive designated to represent that party. The designated executives shall meet at a mutually agreeable time and place within thirty (30) days of the disputing party’s notice, and thereafter as reasonably necessary, to exchange relevant information and attempt to resolve the dispute. At any time after the written response is submitted, either party may propose mediation. If both parties agree to mediation, the dispute shall be mediated in accordance with the Center for Public Resources Model Procedure for Mediation of Business Disputes. If either party refuses to participate in mediation, or if the dispute remains unresolved after sixty (60) days from the start of mediation (unless this period is extended in writing by mutual consent), and provided the parties are no longer engaged in mediation, the dispute shall be settled by arbitration. Arbitration shall be conducted pursuant to the Center for Public Resources Rules for Non-Administered Arbitration of Business Disputes by a sole arbitrator. The arbitrator shall be selected by mutual agreement of the parties in accordance with Rule 6.4 of those Rules. The arbitration will be governed by the United States Arbitration Act, 9 U.S.C. §§ 1-16. Judgment upon the arbitrator’s award may be entered in any court with jurisdiction. The place of arbitration shall be San Diego County, California.
The party seeking mediation must submit a written notice for mediation to the other party (the “notice”). The parties shall agree upon a mediator and set a mediation date within ten (10) business days from the date of the notice. If the parties fail to agree on a mediator and mediation date within ten (10) business days from the notice, the matter shall be referred to the American Arbitration Association (AAA) for final and binding arbitration within twenty (20) business days from the notice date. If the matter proceeds to mediation but remains unresolved, it shall be referred to the AAA for final and binding arbitration within ten (10) days after the last mediation session. Arbitration proceedings shall take place in San Diego County, California, and shall be governed by the California Arbitration Act and the commercial arbitration rules of the American Arbitration Association in effect at that time, except where this agreement’s provisions conflict with such rules, in which case this agreement shall prevail.
Both Arts & Co. and the user agree that any claims brought against each other must be pursued solely on an individual basis, and not as a plaintiff or class member in any purported class or representative action. Furthermore, if arbitration resolves the dispute, the arbitrator shall not consolidate the user’s claims with those of others, nor preside over any form of representative or class proceeding. All disputes will be arbitrated individually and will not be consolidated with other arbitrations or proceedings involving claims by other parties.
Except as required for arbitration or enforcement of an arbitration award, any legal action relating to disputes or excluded disputes may only be brought in state or federal court located in San Diego County, California. Both parties consent to the exclusive personal jurisdiction and venue of such courts.
If any provision of this agreement (including the class action waiver) is found to be invalid or unenforceable by an arbitrator or court of competent jurisdiction, the remaining provisions shall remain fully effective and enforceable.
Users of the website may be required to register and provide personal information. By submitting an email address in connection with their account, users consent to Arts & Co. using that email to communicate regarding products, services, and other administrative matters. Users are responsible for ensuring the accuracy of the information provided and for maintaining the confidentiality and security of their account credentials. Users are also liable for all activities conducted through their account or using their password. If a user suspects any security issues related to their account, they must notify Arts & Co. immediately to allow for appropriate measures to be taken. Arts & Co. reserves the right, at its sole discretion, to terminate accounts, edit or remove content, and cancel orders.
Clients and prospective clients may upload content provided that such content is not obscene, illegal, defamatory, threatening, infringing on intellectual property rights, invasive of privacy, or otherwise harmful to third parties. Content must also be free of software viruses, political campaign material, and commercial solicitations. Arts & Co. reserves the right to remove and/or edit any content that violates these standards. By uploading content, the user grants Arts & Co. a non-exclusive, royalty-free, irrevocable worldwide license to use, reproduce, publish, and modify the content in any media. Except for content owned by the user, all intellectual property rights and materials contained on the website are owned by Arts & Co. and/or its licensors. Arts & Co. grants users a limited license to access and make personal use of the website’s materials solely for viewing purposes. Users are not permitted to download, modify, or otherwise use the website’s content beyond this limited license. Users also grant Arts & Co. a royalty-free, non-exclusive license to display, use, copy, transmit, and broadcast the content they upload and publish. For any intellectual property claims or disputes, users should contact Arts & Co. Administration to seek resolution.
Arts & Co. reserves the exclusive right, at its sole and absolute discretion, to refuse service to any individual, restrict access to the website, temporarily suspend or deactivate accounts, permanently close accounts, and/or cancel user access at any time without prior notice.
While Arts & Co. strives to keep its services available at all times, there may be occasions when the website or services must be temporarily unavailable. Services may be modified, updated, interrupted, suspended, or discontinued at any time without prior notice or liability. Users acknowledge and agree that Arts & Co. shall not be liable for any unavailability of all or any part of the services, whether for a brief period or extended duration. Additionally, Arts & Co. may restrict access to certain parts or the entirety of the services for some or all users, including registered users. Arts & Co. does not make any representations or warranties regarding the compatibility or performance of the devices used to access or use its services.
By accessing this website, users agree that the laws of San Diego County, California, without regard to its conflict of law principles, shall govern these terms and conditions and any disputes arising between Arts & Co. and the user, or between Arts & Co. and its business partners and associates.
If any provision of this agreement is found to be invalid or unenforceable, in whole or in part, due to conflict with law, public policy, or any other reason, that provision shall be enforced to the fullest extent permitted. The validity and enforceability of the remaining provisions of the agreement shall remain unaffected.
By accessing the Arts & Co. website or using its services, the user acknowledges having read and accepted these terms of service and agrees to be bound by them.
The information contained on this website is subject to change without prior notice. This page was last updated by Arts & Co. Administration on July 5, 2025.
