Terms & Conditions of Use

Artsonia LLC ("Artsonia") is registered as a Limited Liability Company under the laws of the State of Delaware in the United States. Artsonia owns and operates Artsonia.com, a website that provides educational and related commercial services via the Internet, as well as certain mobile applications that facilitate interaction with Artsonia.com (collectively referred to as the "Website").

Artsonia provides its services to you (the "User") subject to the following Terms and Conditions of Use and Artsonia's Privacy Policy (collectively, the "Terms").

In consideration of using the Website, the User is bound by Part A of these Terms, which contains provisions applicable to ALL Users, including casual visitors to the Website. If a User registers for a Teacher membership with Artsonia, that User is asked to check a box indicating that they have read and agree to these Terms including in Parts A and B. Similarly, if a User registers as a Parent of an Artist with Artsonia, that User is asked to check a box indicating that they have read and agree to these Terms including Parts A and C.

Part A: Provisions Applicable to All Users

The following provisions shall apply to all Users, including without limitation each registered Teacher (individually a "Teacher" and collectively, "Teachers") each child Artist (individually, an "Artist" and collectively, "Artists"), each Parent or legal guardian of an Artist (individually, a "Parent" and collectively, "Parents"), and all other visitors to the Website:

1. Permitted Uses

As an educational Website catering to schools, Teachers, kids and Parents, Artsonia provides a unique set of services for visitors to the Website. The following uses are explicitly permitted:

2. Prohibited Uses

Prohibited uses of the Website include without limitation the following:

3. Artsonia Privacy Policy

By using Artsonia's services and visiting the Website, Users acknowledge and agree that they are subject to and must comply with Artsonia's Privacy Policy, which is hereby incorporated into and made a part of these Terms. For more information, see the full Privacy Policy at http://www.artsonia.com/privacy

4. Links to Third-Party Websites

Users may obtain access to third-party websites through links on the Website. These links are provided as a convenience to the Users of our Website. While Artsonia attempts to ensure that the content available at such links is not offensive or objectionable, Artsonia is neither liable nor responsible for any content or information on third-party websites. Furthermore, because Artsonia has no control over the owners or content of the third-party websites to which its Website links, Artsonia does not guarantee, represent or warrant that the content or links provided on such third-party websites is accurate, legal or appropriate for all viewers. Any use of these third-party sites is also subject to their respective terms & conditions of use.

5. Special Admonitions for International Use

Recognizing the global nature of the Internet, Users agree to comply with all local rules and laws regarding online conduct and acceptable content. Specifically, and without limitation, users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.

6. Disclaimer of Warranty. USERS ACKNOWLEDGE AND EXPRESSLY AGREE THAT:

  1. USE OF ARTSONIA'S SERVICE (THE "SERVICE") IS AT THE USER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTSONIA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. ARTSONIA MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER'S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE ARTSONIA AND ITS WEBSITE WILL MEET THE USER'S EXPECTATIONS, OR THAT ANY ERRORS ON THE WEBSITE OR IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED FROM THE WEBSITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER'S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM ARTSONIA SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.

7. Limitation of Liability

NEITHER ARTSONIA NOR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VOLUNTEERS, AGENTS AND AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM OR RELATING DIRECTLY OR INDIRECTLY TO ARTSONIA AND/OR ANY USER'S USE OF THE WEBSITE.

8. Indemnity

By using this Website, the User agrees to indemnify, defend, and hold Artsonia and its directors, managers, officers, employees, subsidiaries, volunteers, agents, and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to the User's breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.

9. Geographic Coverage and Jurisdiction

Users of the Website located outside of the United States acknowledge and agree that they access the Website at their own risk, and that they are solely responsible for complying with all local laws in force in the jurisdiction where they are located. These Terms shall be construed and enforced in accordance with the laws of the State of Illinois in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of Illinois having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall remain in full force.

10. Artsonia's Custom Merchandise

Artsonia offers Users a service to inscribe their children's artwork on gift merchandise such as coffee mugs, t-shirts and other items. (Click here for a complete list of merchandise offerings.)

When a User orders custom merchandise from Artsonia featuring artwork for which the Parent has not registered and agreed to the licensing provisions as set forth in the Licensing section, the User is asked to certify that they are a Parent or that they have Parental permission to order merchandise depicting that Artist's artwork. Users are strictly prohibited from misrepresenting themselves as a Parent or claiming to have obtained Parental permission when the User has not done so. If a User orders merchandise by misrepresenting his or herself as a Parent or one with Parental permission, that User may be prohibited from further use of the Website and may also be subject to criminal prosecution as well as civil liability. Artsonia is not liable for the ordering of merchandise by any User who has not obtained the required permission from the applicable Artist's Parent, or for any damages, direct or indirect, arising therefrom.

Each item ordered by a User is custom produced. If, for any reason, the User is dissatisfied with a merchandise purchase, Artsonia will replace the item(s) free of charge, subject to the following conditions and restrictions:

11. Artist Fan Club Membership

Artsonia enables Users to register as a member of an Artist's "Fan Club" ("Fan Club Member"). The Fan Club Member agrees that the information provided to Artsonia upon registration is true, accurate, current and complete. The Fan Club Member also agrees to ensure that all information provided to Artsonia is kept accurate and up to date at all times, including without limitation, the Fan Club Member's email address, which is the primary method by which Artsonia will correspond with the Fan Club Member.

Upon registration, the Fan Club Member will be asked to provide their first name, relationship to the Artist, and their email address. Artsonia recommends that Users avoid submitting their last names in connection with Fan Club registrations. Artsonia is not liable or responsible for the submission of a User's last name in connection with a Fan Club registration, or for any damages, direct or indirect, arising therefrom.

Users acknowledge that Artsonia may remove any Fan Club Member(s) from the Website at any time and in its sole discretion and that Artsonia may permanently disable the Fan Club feature for an Artist at any time and in its sole discretion.

12. Comments Left for Artists

Artsonia enables its Users to submit Comments for Artists in furtherance of its mission to help boost children's pride and self-esteem and to encourage their creativity. Artsonia is not responsible for the content of Comments submitted by Users, and Artsonia makes no warranties, express or implied, that every Comment will be to the liking of any User, including Parents, Teachers or Artists. Whenever a Comment is submitted, the registered Parent is contacted via email in order to approve the Comment. The Comment is not posted unless and until the registered Parent visits the Website and approves the Comment. In the event the Artist has no registered Parent, the Comment remains hidden until the Parent registers, at which time the Parent receives notification to review any pending Comments. Once the Comment is approved by the registered Parent, the Comment and name, as approved or modified by the registered Parent, will be displayed within the Artist's gallery.

Artsonia recommends that Users avoid including last names, contact details or other personally identifiable information in any Comments. Because the registered Parent must review and authorize each Comment before it is posted to the Website, the Parent is solely responsible for all Comment content approved for posting on the Website, including any personally identifiable information contained in such Comments. Artsonia is not liable or responsible for any Comment content posted to the Website, or for any damages, direct or indirect, arising therefrom.

Users acknowledge that Artsonia may remove any Comment(s) from the Website at any time and in its sole discretion and that Artsonia may permanently disable the Comment feature for an Artist at any time and in its sole discretion.

13. Compliments Left for Teachers

Artsonia enables Users to send comments ("Compliments") to Artsonia Teachers. Users are solely responsible for Compliments they send to Teachers (including the inclusion of any personally-identifiable information contained therein), and for ensuring that such Compliments meet all applicable conditions and restrictions set forth in these Terms. Artsonia is not responsible for the content of Compliments submitted by Users, and Artsonia makes no warranties, express or implied, that every Compliment will be to the liking of Teachers or other Users. Artsonia is not liable or responsible for any content in the Compliments, or for any damages, direct or indirect, arising therefrom.

14. Copyright Claims

If you believe that your work has been copied in artwork, lesson plans, or any other material appearing on the Website in a manner that constitutes copyright infringement, you may submit a notification to Artsonia pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with information in accordance with the following instructions:

To notify Artsonia of an alleged copyright infringement, you will need to send a written communication that includes the following information (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) concerning these requirements):

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Artsonia LLC
Attn: Eric Meidel
1350 Tri-State Parkway, Ste 106
Gurnee, IL 60031
Fax: (847)-672-4398
Email: copyright@artsonia.com

If a User elects to send us a counter notice after having been notified of a copyright claim submitted to Artsonia in accordance with the DMCA complaint provisions above, to be effective, it must be a written communication provided to our designated agent that includes substantially the following (please consult your legal counsel or see 17 U.S.C. Section 512(g)(3) concerning these requirements):

Such written notice should be sent to our designated agent as follows:

DMCA Complaints
Artsonia LLC
Attn: Eric Meidel
1350 Tri-State Parkway, Ste 106
Gurnee, IL 60031
Fax: (847)-672-4398
Email: copyright@artsonia.com

Artsonia may remove artwork, lesson plans, or any other material from the Website at any time without notice, and Artsonia will terminate User privileges in appropriate circumstances, including without limitation by terminating the User privileges of Users who are the subject of repeated copyright claims.

15. Contact Information.

For additional information, contact us via email at info@artsonia.com or by mail at:

Artsonia LLC
1350 Tri-State Parkway, Ste 106
Gurnee, IL 60031

Part B: Additional Provisions Applicable to Teachers

In addition to the provisions in Part A of these Terms, the following provisions shall apply to all Teachers:

16. Registration

To register for a school membership with Artsonia, a Teacher must be 18 years or older. Teachers that register and login to use the Website acknowledge and agree that they have received all necessary permissions to take such action, including without limitation the permission of school and school district administrators.

The Teacher agrees that the information provided to Artsonia upon registration and at all times thereafter will be true, accurate, current and complete. The Teacher also agrees to ensure that all information provided to Artsonia is kept accurate and up to date at all times, including without limitation, the Teacher's email address, which is the primary method by which Artsonia will correspond with the Teacher.

17. Member Account, Password and Security

The Teacher receives a username and password in order to submit artwork to Artsonia. The Teacher is responsible for maintaining the confidentiality of the password and the account, and is solely responsible and liable for all activity that occurs by way of that password-protected account. The Teacher expressly agrees to (a) immediately notify Artsonia of any unauthorized use of their password or account, or any other breach of security relating to their account or to the personally identifiable information of any Artist, and (b) ensure that they properly logout of their account at the end of each session. Artsonia is not liable for any direct or indirect loss or damage resulting from the Teacher's failure to comply with this Section.

18. Content Submitted by Teachers

The Teacher is responsible for obtaining any necessary approvals from their school's authorities and administrators before showcasing their students' artwork on the Website. Under no circumstances will Artsonia be liable for the Teacher's failure to consult their school's authorities and administrators or for failing to obtain the necessary permission to post students' artwork, Artist statements, or others' lesson plans on the Website. The Teacher covenants and agrees that, prior to publicly posting any materials, they will obtain permission from the Parents of their students or others whose artwork, Artist statements, lesson plans, or any other additional data with regards to their online school gallery. Artsonia provides an online management tool for Teachers to track Parent permissions. Under no circumstances shall Artsonia be liable for any errors, omissions, or negligence of a Teacher while managing Parent permissions.

In addition, if a Teacher creates and links an Animoto™ video to their school website, it is the Teacher's responsibility to obtain any and all necessary permissions should the Teacher include any additional photos / videos / music not already part of the Artsonia student gallery.

When the Teacher includes artwork project titles and descriptions, they can create links to external websites. If the Teacher elects to create links to external websites, the Teacher must verify the quality and substance of each external link. The Teacher is solely responsible for any links he/she creates to external websites. Artsonia is not liable or responsible for any links created by a Teacher registered with Artsonia, or for any damages, direct or indirect, arising therefrom.

19. If a Teacher chooses to submit class artwork to the Website, the following conditions and restrictions apply:

20. If a Teacher chooses to submit a lesson plan to the website, the following conditions and limitations apply:

21. If a Teacher chooses to submit an Artist statement to the website, the following conditions and limitations apply:

22. If a Teacher chooses to use the "Art Room News" Parent newsletter feature, the following conditions and limitations apply:

23. If a Teacher chooses to use the "Classroom Mode" feature, the following conditions and limitations apply:

24. If a Teacher chooses to use the "Student Feedback" feature, the following conditions and limitations apply:

25. Licensing

Artsonia Teachers retain ownership of their lesson plans. However, by submitting a lesson plan, the Teacher grants to Artsonia (on behalf of the Teacher and their school district) the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange submitted lesson plans on or in connection with any other media throughout the world, including without limitation the Website.

Teacher understands and agrees that Artsonia may partner with third parties to make the lesson plans provided to Artsonia by Teachers accessible to others including for example and without limitation other Artist and educator communities. During the lesson plan submission process, Teacher may "opt-out" of sharing individual lesson plans with third parties, and then Artsonia will not sub-license the applicable lesson plan to any third parties. In addition, Teachers may choose to "opt-out" with regard to a previously submitted lesson plan at any time. However, Teacher understands and agrees that "opting-out" with regard to a previously submitted lesson plan does not terminate any sub-licenses to the affected lesson plan(s) previously granted by Artsonia to any third parties, but Artsonia thereafter shall not grant any additional sub-licenses for the affected lesson plan.

26. Comments Submitted For Artists

All Comments submitted by Teachers are subject to the same requirements applicable to all User Comments, as described more fully in Section 12 above. In addition to the approvals and limitations described above in Section 12, Teacher also understands that if they ever need to remove a Comment, or permanently disable the ability to receive and approve Comments on a school wide basis, they can do so by contacting Artsonia.

The Teacher acknowledges that Artsonia may remove any Comment(s) in its sole discretion and may permanently disable this feature on a school-wide basis at any time and in its sole discretion.

27. Compliments Left For Teachers

All Compliments submitted by Teachers are subject to the same requirements applicable to all User Compliments, as described more fully in Section 13 above. In addition to the approvals and limitations described above in Section 13, the Teacher understands that if they ever need to permanently disable the ability to receive Compliments, they can do so by contacting Artsonia.

28. Lesson Plan Feedback

Artsonia enables its Teachers to leave publicly-viewable feedback on Lesson Plans ("Lesson Plan Feedback"). Artsonia recommends that Teachers avoid including any last names, contact details or other personally identifiable information in any Lesson Plan Feedback. Teachers are solely responsible for the content of all Lesson Plan Feedback that they post to the Website, including any personally-identifiable information contained therein. Artsonia is not responsible for the content of Lesson Plan Feedback submitted by Users, and Artsonia makes no warranties, express or implied, that every Lesson Plan Feedback will be to the liking of Teachers or other Users. Artsonia is not liable or responsible for any material posted in Lesson Plan Feedback, or for any damages, direct or indirect, arising therefrom.

The Teacher understands that if they ever need to remove a Lesson Plan Feedback, or permanently disable the ability to receive Lesson Plan Feedback, they can do so by contacting Artsonia.

The Teacher acknowledges that Artsonia may remove any Lesson Plan Feedback in its sole discretion and may permanently disable the Lesson Plan Feedback feature on a school-wide basis at any time and in its sole discretion.

29. FERPA:

Artsonia understands that it is important that our partner schools comply with the Family Education Rights and Privacy Act (FERPA) and related regulations. The types of student information that Artsonia requests from our partner schools are limited to basic identifying information (i.e. student name, grade, homerooms, and parent email address). As such, we understand that our partner schools usually treat the disclosure of information to Artsonia as a disclosure of "Directory Information" under FERPA. As a general matter, a school can disclose "Directory Information" as long as they have notified students and or parents that such information may be disclosed and the purposes for which it may be disclosed. Students and parents must have the opportunity to opt out of such disclosure. It is important that Teachers not provide information to Artsonia from any student or parent that has opted out of the disclosure of "Directory Information". In many cases, a "Directory Information" notice is included as part of a school's enrollment process. Artsonia is not in a position to provide legal advice regarding whether the school's existing FERPA disclosures are sufficient with respect to the types of information that Artsonia needs and the identified purposes in the existing disclosure. Artsonia depends on our school partners to ensure that the school is complying with the FERPA provisions regarding the disclosure of "Directory Information" for any student information that will be shared with Artsonia. To the extent that Teachers have questions regarding these issues, they should consult the school's own legal counsel for more information. The school legal counsel can assist Teachers in evaluating the sufficiency of the Teacher's existing disclosures, or help Teachers put together a supplemental disclosure notice before they share the relevant information with Artsonia.

Part C: Additional Provisions Applicable to Parents

In addition to the provisions of Part A of these Terms, the following provisions shall apply to Parents:

30. Registration

The Parent covenants and agrees that the information provided upon registration and at all times thereafter will be true, accurate, current and complete. The Parent also agrees to ensure that this information is kept accurate and up to date at all times. This is especially important with respect to the Parent's email address, which is the primary method by which Artsonia will correspond with the Parent. In addition, by completing registration, Parent authorizes Teacher and other representatives at the Artist's school(s) to submit artwork and perform related activities on Artsonia on behalf of the Artist. (Please review Part B above for a description of the activities that Teachers can perform on behalf of Artists.)

31. Member Account, Password and Security

Upon registration, the Parent creates a password and supplies an email address for correspondence. The Parent must create a password that is personal to them, and cannot share this password with anyone. The email address supplied by the Parent must be an email address that only the Parent can access. The email account must not be shared with anyone else, especially the Artist or any other minor. The Parent is solely responsible for all activities that occur using their account. The Parent expressly agrees to (a) immediately notify Artsonia of any unauthorized use of their account or any other breach of security of their account or their child's personally identifiable information, and (b) ensure that they properly logout from their account at the end of each session. Artsonia is not be liable for any direct or indirect loss or damage resulting from the Parent's failure to comply with this section or any other aspect of these Terms.

32. Viewing and accessing artwork from a Parent's child

The Parent can view their child's artwork on the Website, and may request that any or all of their child's artwork be removed from the Website at any time. Artsonia will remove any artwork of the Parent's child within 3 business days after receiving the Parent's written request for removal. However, Artsonia reserves the right to continue to display the child's artwork in any brochures, articles or any other materials that Artsonia had prepared before the request was received.

33. Licensing

Artsonia Artists retain ownership of their artwork. However, by registering as a Parent of an Artist, the Parent, on behalf of both the Parent and the Artist, grants Artsonia the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange the Artist's artwork solely in connection with:

34. Ordering Merchandise

As a convenience, Artsonia also extends the opportunity to order merchandise to Users who have obtained permission from one of the Artist's Parents to order merchandise depicting that Artist's artwork. When a User orders merchandise depicting a particular piece of artwork, they must warrant and certify that they have obtained express Parental permission to place that order. Artsonia relies on that certification, and presumes that the Parent has granted such User(s) permission to order merchandise depicting the Artist's artwork.

However, if the Parent of the Artist has registered on the website and agreed to the terms and conditions, they have given explicit permissions for any website User to purchase merchandise featuring their Artist's artwork, according to the licensing provisions set forth in the Licensing section. In this case, the website User is not required to obtain explicit permission from the Artist's Parent before ordering merchandise depicting the Artist's artwork.

35. Content Submitted by Parents

36. Artist Fan Club Membership

Artist Fan Club Membership is subject to the requirements described more fully in Section 11 above. In addition to the approvals and limitations described above in Section 11, the Parent also acknowledges that if they ever wish to remove a Fan Club Member, or permanently prevent their child from receiving Fan Club Members, they can do so by contacting Artsonia.

37. Comments Submitted For Artists

All Comments submitted by the Parent are subject to the same requirements applicable to all User Comments, as described more fully in Section 12 above. In addition to the approvals and limitations described above in Section 12, the Parent also acknowledges that if they ever wish to remove a Comment, or permanently prevent their child from receiving Comments, they can do so by contacting Artsonia.

38. Artist Statements Submitted by Parents

The Parent acknowledges that Artsonia may remove any Artist statement(s) from the Website at any time and in its sole discretion and that Artsonia may permanently disable the Artist statement feature for an Artist at any time and in its sole discretion.

39. Student Feedbacks Submitted by Teachers for Parents