Privacy and Terms

Privacy Policy

We at Artitude.io values your trust and respects your privacy. Please read the following to learn more about our Privacy Policy. By visiting or using the Artitude.io website, and any other linked pages, features, content, or any other services we offer from time to time by in connection therewith (collectively, the "Website"), you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we will collect, use, and share your information in the following ways.

I. What Does This Privacy Policy Cover?

This Privacy Policy covers our treatment of personally identifiable information ("Personal Information") that we gather when you are accessing or using our Website. This policy does not apply to the practices of companies that we do not own or control, or to individuals that we do not employ or manage. This policy also does not apply to your IP address, cookies, third party’s cookies, web beacons and web pages that have been viewed by you on the Website, information you choose to disclose publicly on the Website (i.e., information viewable to other Website users), which will not be considered Personal Information.

II. What Personal Information Do We Collect?

When ordering or registering on our site, you may be asked to enter your name, home or business address, email addresses, contact details, and payment details to help you with your experience.

III. Will We Share Any of the Personal Information We Receive?

We neither rent nor sell your Personal Information to anyone. We share your Personal Information in personally identifiable form only to Affiliated Businesses We Do Not Control or Agents, which provide products or services to you on our behalf. Unless we tell you differently, they do not have any right to use the Personal Information we share with them beyond what is necessary to assist us.

We may also disclose the Personal and Non-personal Information of our users in compliance with any applicable laws, court order or other judicial or quasi-judicial process or to successor-in-interest of the Company (whether by way of an asset sale, merger, acquisition or otherwise).

IV. Legal Basis for Processing Personal Information (EEA visitors / users only)

If you are a visitor or user from the European Economic Area, our legal reasoning for collecting and using the personal information described above depends on the personal information in question and the specific context in which it is collected.

However, we will normally collect personal information only where we have your consent to do so, where the personal information is necessary for us to perform a service, or where the processing is in our legitimate interests and is not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you. If we ask you for your personal information to comply with a legal requirement or to perform services, we will make that clear at the relevant time. We will also advise you whether the provision of your personal information is mandatory or not. Similarly, if we collect and use your personal information in reliance of our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

V. Is Personal Information About You Secure?

We endeavor to protect the privacy of your Personal Information that we hold in our records, but we cannot guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time. all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology. All transactions are processed through a gateway provider and are not stored or processed on our servers. The Website may contain links to other sites. We are not responsible for the privacy policies and/or practices on other sites. When linking to another site you should read that site’s privacy policy.

VI. Changes To This Privacy Policy

We may amend this Privacy Policy from time to time. If we make changes in the way we use Personal Information, we will notify you by posting an announcement on our Website or sending you an email. You are bound by any changes to the Privacy Policy when you use the Website after such changes have been first posted.

VII. Privacy of the Children

The services of Artitude are intended for users aged 18 and above. Accordingly, the Company will not knowingly collect or use any Personal Information from persons that it knows to be under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with Personal Information without their consent, he or she should contact us. We will delete any information in its database that comes to the knowledge of us has been provided by a child under the age of 13.

VIII. Questions

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to hi@artitude.io.

Terms of Use

Welcome to Artitude.io (the “Site”), a website operated by TD Branding, Inc., (“Artitude” or “we” or “us”). By accessing or using the Site, or purchasing Artwork(“Work”), you agree to be bound by all of the terms and conditions in this Terms of Use Agreement. Before you may use the Site, you must read and accept all these terms and conditions in the Terms of Use. We may modify these Conditions of Sale as well as any other terms, conditions or information on the Site by posting such changes on the Site.

Eligibility

You must be 18 years old or older to use the Site.

The Site

The Site is a platform for the exhibition and sale of artwork and other property. You are responsible for all charges incurred under your account. In order to make a purchase, Artitude may use the services of third parties. We reserve the right to withdraw the Work from the Site at any time without any liability whatsoever for the withdrawal. Unless agreed otherwise in writing between you and us, we are not responsible to the buyer in any way with respect to the exhibition or sale of any Work on the Site.

We have other policies, guidelines, FAQs and requirements that we post elsewhere on Artitude from time to time. We expect that you will, and you agree to, abide by any other requirements posted on Artitude. All of those policies, guidelines, FAQs and other requirements are incorporated into these Terms.

Descriptions of the Artwork

Artitude make available through the Site, the text, graphics and images of works of art. We attempts to describe the artworks offered on the Site as accurately as possible. However, we do not warrant that the artwork descriptions or other contents of the Site are 100% accurate, complete, reliable, current or error-free. Your sole recourse for any issue with the artwork received regarding to the description provided on the Site is to return the said artwork to us.

Orders and Payments

You may purchase the artworks that are listed on the Site. You acknowledge that prices may not include shipping and handling charges or applicable taxes, if any, for which You are responsible and that will be separately identified on your receipt, when You place an order on the Site. Your sole recourse is cancellation of Your order in cases where You find that the prices stated to You are higher than You expected or listed on the Site. Subject to fulfillment of all applicable terms and conditions of this Agreement, when you makes a purchase on the Site you shall immediately pay the total amount due, comprised of the total purchase price of the Work and all applicable taxes and service fees. Any claims regarding purchases must be made directly to Artitude.

If the buyer fails to comply with any applicable term or condition of this Agreement, the buyer will be in default, and we will be entitled in our absolute discretion to exercise any or all of the following rights and remedies (in addition to any other rights or remedies available to us at law): (i) to hold the buyer liable for the total amount due, and for interest, commissions on the sale at our regular rates, and any and all legal fees and incidental damages; (ii) to cancel the sale or any other sale to the buyer, retaining as liquidated damages any amounts already paid by the buyer; and/or (iii) to resell the Work publicly or privately as permitted by applicable law, holding the buyer liable for any deficiency between the total amount originally due and the price realized on resale, as well as any costs, expenses, damages and legal fees associated with both sales. By failing to make any payment, the buyer will be deemed to have granted and assigned to us a continuing first priority security interest in any money or other property of or owing to the buyer in our possession, and we shall be entitled to retain and apply such money or other property as collateral security for the buyer’s obligations to us. 

Checkout, Shipping, Returns, Gift Certificates

We use a third party to process payments for purchases that you make on 20x200. They have separate Terms and Conditions that you will need to agree to as part of the checkout process. We are not responsible for their Terms and Conditions or for the security and privacy of any credit card or other personal information that you submit through them. We will ship orders in accordance with your requests at checkout. All orders will be subject to our Shipping Policies. Returns and refunds are governed by our Return Policy. You may purchase and redeem Gift Certificates as set out on our Gift Certificate page.

We are not responsible for any act or omission of any packer, shipper or common carrier in the packing or shipping of the Work.

Taxes

The buyer is responsible for paying all sales, use, GST, VAT or other taxes or charges imposed by law (e.g., a resale royalty) which may be imposed in connection with the sale of the Work that we are required to collect under applicable law and shall indemnify, defend and hold harmless (including reasonable attorneys’ fees) Artitude from costs associated with any failure to do so. We are required to collect sales tax for any Work delivered in the same State that the Work is currently located in.

Intellectual Property Rights

Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Site’s logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof are the proprietary property of Artitude or its licensors or users and are protected by U.S. and international copyright laws. The purchase of any artwork does not provide the User with any copyright interest or other intellectual property right in the artwork. Artitude’s trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Artitude that appear on the Site are the property of their respective owners and may or may not be used without their prior written consent.

Copyright Infringement

If you believe any material available via the Site infringes a copyright/trademark You own or control, You may file a notification of such infringement to hi@artitude.io.

Disclaimer of Warranties

WE PROVIDE ARTITUDE "AS IS, AS AVAILABLE", AND YOUR ACCESS OF ARTITUDE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT ARTITUDE OR OUR SERVICES WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY PARTICULAR OUTCOME, OR THAT THE OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE. OUR SERVICES AND ARTITUDE ARE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY). TO THE FULLEST EXTENT ALLOWED BY LAW, WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. 

Liability Limitation

WE SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES (EVEN IF YOU HAVE BEEN ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES). OUR CUMULATIVE LIABILITY RELATING TO YOUR USE OF ARTITUDE (REGARDLESS OF ITS BASIS), SHALL NOT EXCEED THE GREATER OF (A) AMOUNTS THAT YOU PAY IN CONNECTION WITH A PARTICULAR PURCHASE YOU MAKE FROM ARTITUDE AND (B) $100. 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.

Indemnification

You agree to defend, indemnify and hold harmless Artitude, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

NY Law

New York law governs these Terms regardless of conflict-of-law principles.

Other Terms

No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement. If any provision of these Terms is illegal, void or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary for the rest of the agreement to remain enforceable. Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Just because we might waive compliance once, does not mean we will do so again. For any waiver of compliance with these Terms to be binding on us, one of our authorized representatives must provide you with written notice of that waiver. The section and paragraph headings in these Terms are for your reading pleasure only and shall not affect the interpretation of these Terms.