Terms of Service

Welcome to the Artempire.com website (the “Website”), which is accessed through www.Artempire.com. Artempire.com is a website operated by a Nashville, TN corporation; Cumberland Graphics, Inc. (“Artempire”).  The following Terms of Use (the “Terms”) contain the terms and conditions of your use of the Artempire website and Artempire’s Printing Services (the “Services”).

USE OF THE WEBSITE AND THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF AND AGREEMENT TO THESE TERMS

1. Modification of Terms

Artempire may update these Terms by addition, deletion and/or modification to any of the terms and conditions of use at anytime by posting a notice of change on the website. In the case of substantial change to the terms, notice will be emailed to members. Additionally, Artempire encourages you to periodically refer to the terms for changes or modifications to the terms. In the event any change in terms is unacceptable to you, your only course of action is to discontinue your use of the Website and Services. Continued use of the Website and or Services will constitute your acceptance to any modification to the Terms. These Terms will be effective upon the completion of your account registration or August 30, 2008. If at anytime you have questions regarding these terms or modifications to these terms, please feel free to email the Artempire team at termsofuse@Artempire

2. The Artempire Service

The Artempire website provides a marketplace that enables sellers to offer and/or sale their products to potential purchasers. Artempire provides the marketplace in conjunction with printing services to for its users. Artempire, however, is not a retailer. Artempire provides only a venue for its users and printing services. The Service enables users to offer, sell, and buy products that comply with the Terms and are within a very specific format, but Artempire does not at anytime acquire ownership or interest in the products being marketed.

3. User Age

Artempire is intended for users 18 years old or older. Minors 13 years or older may use this website under the supervision of a parent or legal guardian who agrees to be bound by the Terms. The Website and Services are not intended for minors under 13 years of age. You are responsible for all activity conducted under your username.

4. User Accounts and Password

Upon completion of the registration process, you will receive a username and password. You will be responsible for maintaining the confidentiality of your password and account information as well as for any activity that occurs under your password. In case of a breach of the confidentiality of your account, you are required to notify Artempire at help@artempire.com and/or change your password. You are responsible for fully logging out of your account at the end of each session and for preventing access to you account through public computers. Artempire is not responsible for any losses or damages resulting from your failure to secure your password and account information.

5. User Conduct

You must comply with all the terms and conditions of these Terms, applicable agreements, all referred to policies, all applicable laws, regulations and rules when using the Website and Services.

6. Restricted Activities

In using the Service and this Website, you agree not to do any of the following activities (“activities” refers to action in conjunction with registering, using the Artempire website, or listing, uploading, downloading or emailing any material including, but not limited to, photos, drawings, digital images, graphics, sketches, text or data):

(a) transmitting any that are unlawful, vulgar, harmful, threatening, libelous, abusive, harassing, defamatory, obscene, pornographic, indecent, inflammatory, tortious, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
(b) impersonating any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) transmitting any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading or downloading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances;
(d) transmitting any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
(e) transmitting any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
(f) transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) transmitting false, fraudulent or misleading information;
(h) disrupting or interfering with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers, or networks connected to or accessible through the Site or affiliated or linked websites.
(i) accessing, tampering with or using non-public areas of the Site. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution;
(j) disrupting or interfering with any other user's enjoyment of the Site or affiliated or linked websites.
(k) framing or linking to the Site except as permitted in writing by Buypostersonline.com;
(l) listing any item on Artempire (or consummate any transaction that was initiated using our service) that, by paying to us the Service fee, could cause us to violate any applicable law, statute, ordinance, or regulation, or that violates these Terms.

Upon uploading Content, you acknowledge that Artempire may review your Content for adherence to our guidelines and compliance with the Terms set forth in this agreement. Without limiting the foregoing, Artempire and its designees shall have the right to remove any Content that Artempire determines, in its sole discretion, is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or in violation of another party’s intellectual property rights, the Terms of Use, the Privacy Policy, or any other policy documents and/or guidelines posted on the Artempire website. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, Artempire. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither Artempire nor any other party involved with the production of any product incorporating such Content, assumes that responsibility. Artempire's production of any product depicting your Content does not indicate that Artempire approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content.

You acknowledge and agree that Artempire may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of Artempire, its users and the public.

You understand that the technical processing and operation of the Site, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

No earnings will be owed or paid on the sale of any items containing an image which is in violation of any of the provisions of these Terms, including but not limited to no earnings on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity.

You acknowledge and agree that you will use this Site and any products ordered on this Site at all times in accordance with all applicable United States federal, state and local laws, statutes, regulations and ordinances and will not take any action that harms or violates the rights of any person or entity.

7. Pricing

Artempire offers the use of its website for free. Sellers pay for printing services and shipping. Prices for printing services are described on our website and are incorporated here by reference. All prices are in US Dollars. Artempire reserves the right to lower service fees for promotional purposes without notice or to change pricing with notice to users.

8. Shipping

All posters purchased through the Artempire website are made pursuant to a shipping contract. Title and risk of loss for all purchased items passes to you, the Buyer, on Artempire’s shipment to the transfer carrier. Artempire reserves the right to fulfill your order in partial shipments.

9. Payment of Earnings

(a) Payment Terms. Artempire will pay your Earnings on a monthly basis. Within 45 days following the end of each calendar month, Artempire will provide payment to your Paypal™ any Earnings that you have earned for the relevant month. However, if the Earnings payable to you for any month are less than $50.00, Artempire will hold your Earnings until the total amount due is at least $50.00 or until this Agreement is terminated. Paypal™ payments will be made to the email address provided to Artempire through the registration of your account, unless another email account has been affirmatively designated.

(b) Processing Fees. If Artempire owes you accrued Earnings that are less than $50.00 for at least 365 days, then Artempire may make payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Artempire's administrative costs and no payment will be made to you.

(c) Termination Fees. If you or Artempire terminate your Account, and you have less than $50 in accrued but unpaid Earnings then outstanding, Artempire may charge you a $5 processing fee when processing your final payment to cover its administrative costs.

(d) Tax Information. In order to provide payment, Artempire requires that you provide a valid tax identification number. If Artempire does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.

10. License to Use the Website and Artempire Services-

(a) Artempire solely and exclusively owns all intellectual property and other rights, title and interest in and to the Artempire Service and Website, excepts as expressly provided in these Terms. You will not acquire any right, title or interest therein under these Terms or otherwise to any intellectual property owned by Artempire
(b) Artempire grants you a limited revocable license to access and use the Website and Service for its intended purposes, subject to your compliance with its Terms. This license does not include the right to collect or use information contained on the Website for Purposes prohibited by Artempire; to compete with Artempire; to create derivative works based on the content of the Website; or to download or copy the Website (other than caching). If you use the Website in a manner that exceeds the scope of the License or you breach these Terms, Artempire may revoke the license granted to you.
(c) This Section does not pertain to your intellectual property rights. For information regarding your property rights, see the Section 9 below or the Intellectual Property Rights Policy

11. Privacy Policy

Your Privacy is important to Artempire. By accepting these Terms and entering into this Agreement, you expressly consent to Artempire’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.

12. Propriety Rights

Artempire holds the highest regard for the intellectual property rights of others. We ask that our users do the same. Violating other’s copyright or trademark rights is not allowed. Artempire may suspend or terminate the accounts of any users found to violate or suspected of violating other’s intellectual property rights. Furthermore, proceeds from sales of items deemed to violate others’ intellectual property rights may be withheld from the contributor.

You will retain ownership of the Content you upload to Artempire. You hereby grant to Artempire a royalty free, worldwide, transferable, nonexclusive, right and license to use such Content as Artempire deems necessary to enable you to use the Artempire service to create, produce, crop, publicly display, sell, distribute and purchase Products for so long as your Content remains uploaded to the site. Artempire may sublicense the rights that you grant it in this section to a third party subcontractor for the purposes of producing your Products and providing the Artempire service. Upon cancellation of your account and removal of your images, Artempire shall no longer maintain these rights. Our right to reproduce your images for sale to the public is completely contingent on your participation on our website. When you delete your account, which you may do for any reason and without penalty, we no longer have said rights to reproduce and sell artwork on your behalf.

If you believe that a Artempire user has violated your Intellectual Property Rights by offering content through the Artempire Website or through the Service, please see the Intellectual Property Rights Policy.

13. No Agency

You and Artempire are independent contractors, and no agency, partnership, joint venture, employee- employer, fiduciary duties or franchise relationship is intended or created by this agreement

14. Reservation of Rights.

(a) Monitoring. Artempire reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If Artempire determines, in its sole and absolute discretion, that you or another Artempire user will breach a term or condition of these Terms or that such transaction or communication is inappropriate, Artempire may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.
(b) Modification of the Service. Artempire reserves the right to modify the organization, structure or "look and feel" of the Artempire Service or the Website, and may change, suspend, or discontinue any aspect of the Artempire Service at any time without any liability to you or any third party. Artempire shall have complete discretion over the features, functions, prices and other terms and conditions on which the Artempire Service is offered to Artempire users.

15. Submissions.

When you submit questions, comments, suggestions, ideas, material submitted via web forms, communications or any other information ("Submissions"), you grant Artempire permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that Artempire will have no obligation to keep any Submissions confidential. You will not bring a claim against Artempire based on "moral rights" or the likes arising from Artempire's use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or Shopkeeper Service.

16. Representations and Warranties.

(a) Mutual Representations and Warranties. You represent and warrant to Artempire and Artempire represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under these Terms, (ii) the execution and performance of your or its obligations under these Terms does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) these Terms are a legal, valid and binding obligation of the party entering into these Terms, enforceable in accordance with its terms and conditions.
(b) By You as a Seller. You represent and warrant to Artempire that, in your use of the Artempire Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to Artempire that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) Artempire will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that Artempire incurs in providing the Artempire Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

17. Disclaimers and Exclusions.

DISCLAIMER OF WARRANTIES. Artempire AND BYMYPOSTERSONLINE.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, PARENT, AGENTS AND EMPLOYEES PROVIDE THE WEBSITE AND Artempire PRINTING SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. Artempire DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, Artempire SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. Artempire MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE TERMS, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
BUYMYPOSTERONLINE.COM AND Artempire’S SUBSIDIARIES, PARENT, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERRED BY THIRD PARTIES ON OR THROUGH THE WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, BUYMYPOSTERSONLINE AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATIONS AS TO THE ACCURACY, CURRENCY OR COMPLETEMENTSS OF CONTENT HOSTED ON THE Artempire WEBSITE BY THIRD PARTIES.
BUYMYPOSTESONLINE.COM AND (AS APPLICABLE) Artempire’S SUBSIDIARIES, PARENT, OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED
NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, PROVIDED TO YOU BY Artempire OR ANY OF ITS AFFILIATES SHALL BE DEEMED TO CONSTITUTE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

18. Limitation of Liability.

LIMITATION OF LIABILITY. Artempire (AND AS APPLICABLE) BYMYPOSTERSONLINE.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, PARENT, AGENTS OR EMPLOYEES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE Artempire SERVICE OR THESE TERMS, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING NEGLIGENCE).
Artempire’S LIABILITY (AND AS APPLICABLE) BYMYPOSTERSONLINE.COM’S SUBSIDIARIES, OFFICERS, DIRECTORS, PARENT, AGENTS AND EMPLOYEES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO Artempire IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

19. Indemnification.

You agree to indemnify and hold Artempire and its employees, representatives, agents, parent, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) made by any third-party claim, demand or action ("Claim") brought against any of the Parties arising out of your breach of this Agreement or the documents or policies that it incorporates by reference, or your violation of any law or the right of a third party. If you have to indemnify Artempire under this Section, Artempire will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without Artempire's express written permission.

20. Termination.

(a) Termination. In its sole discretion, with or without notice to you, Artempire may: (i) suspend, limit your access to or terminate your use of the Website and/or the Artempire Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from Artempire's servers and directories and (iv) prohibit you from using the Artempire Service and/or the Website.
(b) Survival. Notwithstanding Section A above, these Terms will survive indefinitely unless and until Artempire chooses to terminate these Terms.
(c) Effect of Termination. If you or Artempire terminates your use of the Website or the Artempire Service, Artempire may delete any Content or other materials relating to your use of the Artempire Service on Artempire's servers or otherwise in its possession and Artempire will have no liability to you or any third party for doing so.

21. Severability

If any provision of this agreement is held enforceable, then such provision will be modified to reflect the parties intention, all remaining provisions of this agreement and all documents or policies that it incorporates by reference shall remain in full force and effect.

22. Notice.

All notices required or permitted to be given under these Terms will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to Artempire, you must use the following addresses: [insert address] termsofuse@Artempire. If Artempire provides notice to you, Artempire will use the contact information provided by you to Artempire. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

23. Dispute Resolution.

Artempire’s aims to have satisfied users. If you encounter a problem with the Artempire website or printing services, please email us at help@Artempire and we will toward resolving the problem.

All disputes arising out of, relating to or connected with these Terms or your use of any part of the Artempire Service will be exclusively resolved under confidential binding arbitration held in Nashville, Tennessee before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Tennessee law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Nashville, Tennessee. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Tennessee State courts in Davidson County. Notwithstanding anything to the contrary in this Section 13, Artempire may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

24. Intellectual Property Rights

Buymypostersonline.com provides an automated venue for users to market their items online.  As part of the Terms of Use Agreement, Buymyposteronline.com prohibits its users from using the Buymypostersonline.com Website and Buymypostersonline.com Services to sell or market any item that violates a third party’s intellectual property rights (such as trademark, copyright or rights of publicity or privacy).  At Buymyposteronline.com, we hold intellectual property owners’ rights in the highest regard.  We encourage you, as an intellectual property right owner, to contact us if you believe one of the users of our service has violated your rights.  Upon notification that one of our users is infringing your rights, we will (upon our discretion) see that the content or item is removed from the Website and/or suspend or terminate the user’s access to our Website and Services.

In the event that you suspect that one of our users has infringed upon your intellectual property rights, please submit the following to our Intellectual Property Rights Agent, [insert name]:

  1. The URL or some specific identifier of the item allegedly infringing the intellectual rights.
  2. Identification of the copyright, trademark or other intellectual rights that have allegedly been infringed.
  3. A physical or electric signature of a person authorized to act on behalf of the owner of the intellectual property that has been allegedly infringed.
  4. Your name, address, telephone number and email address.
  5. A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the rights owner, its agents or the law.
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright or other right that is allegedly infringed.

25. Miscellaneous.

These Terms will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Tennessee without reference to conflict of law principles. These Terms are not assignable or transferable by you without the prior written consent of Artempire. These Terms (including all of the policies and other Agreements described in the Terms, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and Artempire are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. The invalidity or unenforceability of any provision of these Terms will not affect the validity or enforceability of any other provision of these Terms, all of which will remain in full force and effect.