Please read the Terms carefully before you start using the Service. By using the Service or by clicking to accept or agree to the Terms when this option is made available to you, you accept or agree to be bound and abide by these Terms, our Privacy Policy, and any posted guidelines, policies or rules applicable to specific features of the Service, which may be posted from time to time (collectively "Guidelines"), incorporated herein by reference. If you do not want to agree to these Terms, the Privacy Policy, or the Guidelines, you must not access or use the Service. If you are Teacher (as defined below) and your School (as defined below) has signed a version of a Student Data Privacy Agreement ("DPA"), or if your School is from Illinois then an Illinois Student Data Privacy Agreement, or if your School is from New York then a New York Student Data Privacy Agreement, or if your School is from Texas then a Texas Student Data Privacy Agreement, you will also be subject to that DPA. If you are Teacher and participating in the Artsonia Fundraising Program, or using or redeeming any Artsonia Funds, you will be subject to the Artsonia School Fundraising Promotion Agreement. If you are purchasing any product (i.e. a piece of artwork customized on merchandise, a digital item, or a subscription) through the Service, you will be subject to the Artsonia Payment Terms. The DPA (if applicable), Payment Terms and School Fundraising Promotion Agreement are hereby incorporated by reference.

The Terms, including the Guidelines and future modifications (collectively, the "Agreement") govern your use of the Service and is a legal contract between you and Artsonia.

The Service is available all Users, including to individuals under the age of 18. Except as otherwise set forth in this Agreement, the Service’s content is in part directed to children under 13 as a primary audience.

Individuals under the age of 18 may not register for accounts, post User Content (as defined below) or other materials on the Service, without permission from parents, guardians, or other authorized Users who are legally authorized to act on behalf of parents under state or federal law (collectively “Parent”) as defined herein.

Individuals under the age of 18 may not subscribe to premium services, purchase items, agree to terms and conditions, including this Agreement.

If the User is a Parent, they may grant consent and permission for individuals under the age of 18 to access and use the Service on behalf of the minor. If so, then such individuals under the age of 18 may use the Service provided the Parent agrees to the Terms.

Younger visitors should always check with their Parent before entering information on any website or mobile application, and we encourage families to discuss their household guidelines regarding the online sharing of information.

The Service and the Artsonia Technology are intended solely for the personal, non-commercial use of our Users and may only be used in accordance with this Agreement.

"Artsonia Technology" means all past, present and future content of the Service, including, all the software, hardware and technology used to provide the Service (including Artsonia proprietary code and third-party software), user interfaces, materials displayed or performed on the Service, such as text, graphics, articles, photographs, images, illustrations and the design, structure, sequence and "look and feel" of the Service, and all other intellectual property, including all Artsonia Marks.

"Artsonia Marks" means the trademarks, service marks, service names, logos, or any other trade name, other distinctive or proprietary brand features of Artsonia, Artsonia’s name, the terms and all related names, logos, product and designs, and slogans.

All other names, logos, product and service names, designs, and slogans on this Service are the trademarks of their respective owners.

Artsonia Technology is protected by copyright and other intellectual property laws. Using our Service does not give you ownership of any intellectual property rights in our Service or the Artsonia Technology. You agree that, as between you and Artsonia, all the intellectual property rights in the Service and Artsonia Technology, which does not include User Content (as defined below), are owned by Artsonia or its licensors. These terms do not grant you the right to use any Artsonia Marks.

You will not, nor will you allow any third party (whether or not for your benefit) to:

• Run, license, rent, lease, loan, distribute or sell access to the Service or the Artsonia Technology.
• Build or support (and/or assist a third-party in building or supporting) products or services in competition with Artsonia, or access the Service to build a product using similar ideas, features, functions, interface or graphics of the Service.
• Use, store, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, create derivative works from, display, license, sell or otherwise exploit the Artsonia Technology for any purposes other than as expressly permitted under this Agreement.
• Decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any Artsonia Technology.
• Access (or attempt to access) any service on the Service by any means other than as permitted in this Agreement.
• Circumvent, disable or otherwise interfere with security related features or features that prevent or restrict use or copying of any User Content (as defined below) or Artsonia Technology or enforce limitations on use of the Artsonia Service or the User Content and Artsonia Technology.
• Remove, obscure, or alter any copyright, logo, trademark, or other legal notices displayed in or along with our Services or any Artsonia custom products or merchandise, or otherwise use any Artsonia Technology in a manner that creates the impression that the Artsonia Technology belongs to you.
• Use Artsonia Marks without the prior written permission of Artsonia.

Artsonia enables Users, including students utilizing Class Portal, Parents and Teachers, to submit comments for artists in furtherance of its mission to help boost children's pride and self-esteem and to encourage their creativity ("Comments"). Additionally, Artsonia enables Users, including Parents and Teachers, to send compliments ("Compliments") to Teachers. Users are solely responsible for Compliments they send to Teachers or Comments they send to artists (including the inclusion of any personal information contained therein), and for ensuring that such Compliments and Comments meet all applicable conditions and restrictions set forth in this Agreement. Artsonia is not responsible for the content of Compliments or Comments submitted by Users, and Artsonia makes no warranties, express or implied, that every Compliment or Comment will be to the liking of Teachers, Parents, artists or other Users. Artsonia is not liable or responsible for any content in the Compliments or Comments or for any damages, direct or indirect, compensatory, consequential, punitive, or otherwise arising therefrom.

Because the Parent (or, if applicable, the Teacher) must review and authorize each Comment before it is posted to the Service, the Parent (or, if applicable, the Teacher) is solely responsible for all Comment content approved for posting on the Service, including any personal information contained in such Comments. Artsonia is not liable or responsible for any Comment content posted to the Service, or for any damages, direct or indirect, arising therefrom.

The Teacher or a Parent can remove a Comment or Compliment, or disable the ability to receive and approve Comments, by contacting us as described in the Contacting Artsonia section below.

Your privacy is extremely important to us, and we take great care to limit what we collect and how we use it, and to enable you to understand our policies. Please read our Privacy Policy which explains how we treat your personal information, protect your privacy when you use our Service, and for more information on the administrative, technical and physical safeguards we maintain to protect against unauthorized use, disclosure of or access to personal information. Please see our Privacy Policy for a description of the procedures 1) by which a Teacher, child, or Parent may review, access or delete the personal information of a child; and 2) by which a Teacher or School may access and delete Education Records.

For additional information on our privacy security practices, please visit the Artsonia Privacy Center.

To access the Service, you may be asked to provide certain registration details or other information. It is a condition of your use of the Service that all the information you provide on the Service is correct, current, and complete. You agree that all information you provide to register with this Service, including, but not limited to, through the use of any interactive features on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

As a condition to using the Service, you may be required to register with Artsonia and select a username and password or provide additional contact information (collectively, "User ID"). You must provide Artsonia with true, accurate, complete, and current User ID information. You agree to promptly update all information to keep your account on Artsonia current, complete and accurate. You may not select or use as a User ID the name of another person with the intent to impersonate that person. You will not provide any false information or create an account for anyone other than yourself without permission. Artsonia reserves the right to refuse registration of or cancel a User ID in its discretion.

You shall be responsible for maintaining the confidentiality of your User ID, and, if you are a Parent, the User ID of your child and will not share with anyone or let anyone else access your account. You may not transfer your account to anyone without express prior written consent of Artsonia. Additionally, as a Parent, the email address that you submit must not be shared by anyone else, especially your child or any other minor. Artsonia will not be liable for any direct or indirect loss that you may incur as a result of someone else using your User ID, either with or without your knowledge or for a failure to comply with this section. However, you may be held liable for losses incurred by Artsonia or another party due to someone else using your User ID. In other words, please be careful with your identity and passwords.

You expressly agree to (a) immediately notify Artsonia of any unauthorized use or any other breach of security of your account or, if a Parent, of your child’s account, and (b) ensure that you properly log out from your account at the end of each session, and if a Parent, ensure that your child properly logs out from their account at the end of each session.

These Terms contain general terms that apply to you as a User of the Service, along with additional terms that may apply to you as a User registered as a teacher, school leader, aide, or other similar personnel ("Teacher"), a Parent or Fan Club Member (as defined below).

A. Teacher: If you are Teacher accessing the Service on behalf of a school, school district, or other similar educational institution ("School"), the following terms apply to you:

1. Permissions and Authority. You agree that you are acting on behalf of (or have received all necessary permission from) your School to enter into this Agreement and to register and use the Service as part of your curriculum. Only Teachers who are current employees of the School may use the Service on the School's behalf. The Teacher is responsible for obtaining any necessary approvals from their school's authorities and administrators before using the Service. Upon termination of a Teacher or other staff member's employment with the School, such individual must return and cease using all login details and student access they have in their possession. If at any time you learn a User of the Service claims to be affiliated with your School who is not, in fact, affiliated with your School, you will notify Artsonia immediately.
2. Students under 13. You further understand and acknowledge that the Children's Online Privacy Protection Act ("COPPA") prohibits online service providers from knowingly collecting personal information from children under 13 years of age without consent and you understand that we will not let children under the age of 13 use certain features of the Service unless: You agree to school consent to allow the child to access certain features of Artsonia which may result in the collection of personal information from the child, such as through the Class Portal feature, and have opted to obtain permission by either a) choosing to act as an agent of the Parent and consent on the Parent’s behalf using school consent or b) collecting the appropriate parental consent prior to allowing the students access to the Class Portal. Additionally, regardless of whether you obtain school consent, or elect to have Artsonia obtain parental consent in order for a child to use the Service, no child’s Artwork (and associated title and statement) or other content will be shown on the Public Website (as defined below) until Artsonia has also obtained parental consent. You agree that you will not knowingly allow a child to use the Class Portal feature or the Service until either Artsonia has obtained parental consent (or you have agreed to school consent).
3. School Consent. You acknowledge and agree that when school consent must be utilized to allow children under 13 to use the Service, you and/or the School will be solely responsible (and hereby agree that Artsonia is not responsible) for 1) obtaining parental consent (or if allowed by your School’s policy, acting as the agent of the Parent and consenting on their behalf) under COPPA and 2) providing all required notices to Parents, including under COPPA. If you and/or the School opt to obtain parental consent independent of Artsonia’s parental consent method (rather than utilize school consent), you and/or the School are responsible for disseminating any required parental consent forms to the Parents of potential student Users, for confirming receipt of valid consent forms for each child before granting the student access to the Service, and for retaining such consent forms on file. If a Parent does not consent or rescinds such school consent, you and/or the School shall notify Artsonia to discontinue that student’s access to the Service and ensure that such student’s information is no longer accessible through the Services. Under no circumstances will Artsonia be liable for your failure to consult their school's authorities and administrators or for failing to obtain school consent when required.
4. Parent Code. Each student within the school roster is assigned a unique parent code. This parent code is required for Parents to register and connect with their child’s account on Artsonia and to give consent for their child to use certain features of Artsonia, including to display their child's Artwork on the Public Website (as defined below) and participate in Class Portal. It is your responsibility to ensure that each student only shares their parent code with their Parents. If the Teacher has access to the students' Parent contact information and has permission to do so, the Teacher may provide Artsonia a list of Parent email addresses for Artsonia to send the parent code embedded in a link to Parent to click through in order to give consent and additionally create a Parent account. Alternatively, you may also use school-level parent code to use within one of your school communication tools. If you use this method, after a parent registers and gives permission, you will then be required to verify and approve the parent connection by confirming the parent email address compared to school records. After the teacher approves the connection, the parent is then registered and connected to their child.
5. Class Portal. If you choose to use the Class Portal feature, the following conditions and limitations apply:
   • Using the Class Portal feature, you may elect to allow students to directly contribute their Artwork and/or artist titles and statements to current projects and also allow students to submit Comments to other students.
   • It is your responsibility to decide whether to grant permission to students to submit Artwork, artist titles, statements and/or Comments using the Class Portal feature. If you choose to enable students to submit their own Artwork, artist titles, statements and/or Comments using the Class Portal feature, such students can photograph and upload their own Artwork and perform simple editing of the image as well as adding their own title and artist statement and enter in Comments on other student Artwork. Artsonia is not responsible for the selection of students who are given access to the Class Portal feature.
   • It is your responsibility to ensure that only the applicable students know the School access code. In addition, you agree that you will not knowingly allow a student to use the Class Portal feature or the Service until either you have obtained school consent (if you elect to do so) or Artsonia has obtained consent (if required) from the student’s Parent.
   • All Artwork, titles, artist statements, and other materials submitted for display on the Service directly by you or by students via the Class Portal feature must be reviewed by you in accordance with, and are subject to, this Agreement, including those terms and conditions set forth in Section A(vi) below and Section 4 (Your Information and Content).
6. Artwork and Other Submitted Content. If you choose to submit (or allow students to submit) student Artwork, Artwork titles, artist statements, your own Artwork, student feedback (“Student Feedback”), lesson plans (“Lesson Plans”), Paid Teacher Content (as defined below), newsletters such as Art Room News (“Art Room News”), and other User Content to the Service, the following conditions and restrictions apply:
   • You must comply at all times with the Content Submission Guidelines.
   • To organize Artwork, Teacher inputs the first and (optionally) last names of students in a secured School roster. The first and last names are entered in separate fields, and unique screennames are then generated for each student, based on the information entered in the first name field. It is your responsibility to ensure that only the first name is added in the first name field.
   • You are solely responsible for reviewing all Artwork and other material prior to submission, including those submitted by students via the Class Portal feature. You are also solely responsible for all submitted content and for determining whether or not the submitted content contains personal information. If the submitted content contains personal information, you may either remove or mask the content, or designate that it contains personal information and will therefore only be available to Parents and verified Fan Club Members. You further acknowledge that any content submitted, including through the Class Portal feature, is subject to any other disclaimers and rights of Artsonia with respect to such content contained in this Agreement, including, but not limited to Section 4 (Your Information and Content).
   • You grant to Artsonia a non-exclusive, royalty-free, transferable, sublicensable, irrevocable, world-wide license to use your User Content in connection with Artsonia’s, or any of its successors’ in interests, provision of the Services to (a) make, use, offer to sell, sell, import, advertise, market, and distribute your User Content, and to (b) reproduce, publicly perform, transmit, publicly display, distribute, and create derivative works including advertising for Artsonia and its successors services based on the User Content.
   • You represent and warrant that you exclusively own and hold title to your User Content. You agree you will indemnify, defend, and hold harmless Artsonia, and its respective officers, directors, employees, agents, affiliates, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys' fees and disbursements, arising from or relating to any breach by you of your representations, warranties, or other obligations hereunder.
   • When you submit User Content to the Service, often times you can create links to external websites. If you elect to create links to external websites, you must verify the quality and substance of each external link. You are solely responsible for any links you create to external websites. Artsonia is not liable or responsible for any links created by you, or for any damages, direct or indirect, arising therefrom.
   • You should use the Art Room News feature for educational subject matter only. You must comply at all times with the Art Room News Guidelines.
7. Paid Additional Content. If you are Teacher, Artsonia may offer to pay you for the rights to use videos, sound clips, images, writings and other creative works developed by you (collectively “Paid Teacher Content”). In addition to the other terms and conditions of this Agreement, your submission of Paid Teacher Content shall be governed by terms and conditions of this Section 4(A)(vii). At the time Artsonia agrees to purchase rights for the Paid Teacher Content pursuant to this Section 4(A)(vii), Artsonia will specifically identify the Paid Teacher Content (“Specific Licensed Content”) being purchased from you and the price Artsonia is offering (“Offered Price”) in exchange for your granting of the rights in Paid Teacher Content. In the event of any conflict between this Section 4(A)(vii) and any other term of this Agreement, this Section 4(A)(vii) shall control.

B. Parents: If you are a Parent of a child that is participating in the Service, then the following terms and limitations apply to you:

1. Your Consent. If your child is under the age of 13, consent must be given in order for your child to use certain features of the Service. This consent may be obtained either from: 1) your child’s Teacher (through school consent) if the Teacher is allowing the child to upload Artwork and other information by turning on the Class Portal feature; or 2) you directly, if the child’s Teacher has elected to have Artsonia obtain parental consent.

   Regardless of what consent method your child's Teacher has elected, no child's Artwork will be shown publicly (even if Teacher has obtained school consent), until Artsonia has additionally obtained parental consent from you directly. If you are the Parent of a child who is using the service and your child's school is not utilizing school consent and you did not give parental consent, you can contact us as described in the Contacting Artsonia section below to have that child's use terminated and any associated personal information deleted.

   Information collected from children (including personal information and information collected automatically) is never used or disclosed for third-party advertising. Additionally, personal information collected from children is never used for behaviorally-targeted advertising to children (first or third party). Lastly, children’s personal information is never sold or rented to anyone, including marketers or advertisers. See our Privacy Policy for more details.

2. Viewing and Accessing Your Child's Artwork. As a Parent, if you have given consent and created an account, you can login to view all of your child's artwork. This portfolio of Artwork would include all Artwork, both containing and not containing personal information. In addition, all artwork that does NOT contain personal information (as designated by the Teacher or by the Parent) will also be available on the anyone visiting the Service (“Public Website”). The Artwork that DOES contain personal information will not be displayed on the Public Website and will only be available to Teacher, Parents and verified Fan Club Members when they are logged with a username and password. Additionally, if you do not have an account, you may request that any or all of your child's Artwork be removed from the Service by contacting your child's school as further described in the Parental Choices section of the Privacy Policy. Additionally, please see the How Long Does Artsonia Keep Children's Information section in the Privacy Policy for more information on data retention.
3. Artwork and Other Submitted Content by Parents. If a Parent chooses to submit their child's Artwork or other information to the Service, the following conditions and restrictions apply:
   • You must follow the Content Submission Guidelines.
   • You are solely responsible for reviewing all Artwork and other material prior to submission, (including deciding whether or not the Artwork contains personal information). You are also solely responsible for all submitted User Content (including for any personal information contained therein if not removed or masked by you) and for ensuring that such submissions meet all applicable conditions and restrictions set forth in this Agreement, including, but not limited to, those in Section 4 (Your Information and Content) and the Content Submission Guidelines. You further acknowledge that any content submitted is subject to any other disclaimers and rights of Artsonia with respect to the content contained in this Agreement, including, but not limited to Section 4.
   • You acknowledge that if you ever wish to remove Artwork or other submitted content about your child, you can do so by either logging into your account and deleting the content or by contacting us as described in the Contacting Artsonia section below.
4. Artwork and Other Submitted Content by Children. If a Parent chooses to setup account access for their Child, the Child will be able to submit Artwork, their likeness, and other information to the Service (collectively “Child Submissions”). Child Submissions shall not be publicly posted on the Service until such postings are approved by the Parent. Approved Child Submissions shall be subject to the terms set forth in Section 8(B)(iii) above as well as the “License” terms and conditions set forth in Section 4 herein.
5. Fan Club Members Approved and Verified. If a Parent chooses to add Users to a Child’s fan club, they can do so by entering in a User’s first name, relationship and email address. Additionally, if a Fan Club Member signs up on the Service, the Parent is alerted to verify and approve that Fan Club Member signup for their Child. Parent agrees and acknowledges to confirm the accuracy of the email of the Fan Club Member.

C. Fan Club Members: Artsonia enables Users to register as a member of an artist's fan club ("Fan Club Member"). Upon registration, the Fan Club Member will be asked to provide their first and last name, relationship to the artist, and email address ("Fan Club Registration Information"). Please note that your Fan Club Registration Information (including first and last name, email and relationship to the artist) will be accessible and viewable to Parent(s) of the artist. As a Fan Club Member, you hereby agree and acknowledge that the artist's Parent(s): (i) have access to your Fan Club Registration Information; (ii) may edit your Fan Club Registration Information; and (iii) may remove you as a Fan Club Member. You further agree that certain Fan Club Registration Information will be posted publicly on the Service next to the artist that you become a Fan Club Member of.

In addition to any Services provided free of charge under this Agreement, and the purchase of Custom Merchandise, Users may obtain access to additional User-provided videos, Artwork, other User Content, and other content on the Service, collectively called “Artsonia Plus Related Services”.

All subscription payments made for Artsonia Plus Related Services are subject to our Artsonia Payment Terms. In addition to the Payment Terms, the following terms and conditions and also apply to specific fee-for-use portions, services, or features of the Service, including User subscriptions to Artsonia Plus Related Services.

Artsonia understands that it is important that our partner Schools comply with the Family Education Rights and Privacy Act ("FERPA") and related regulations. Certain information that may be provided to Artsonia by Teacher that is directly related to a student and maintained by an School, may be considered an education record under FERPA ("Education Record"). Additionally, certain information, provided to Artsonia by Teacher about a student, such as student name and grade level, may be considered directory information under FERPA ("Directory Information") and thus not an Education Record. Please see our Privacy Policy for more information regarding FERPA, Artsonia's commitments to help Schools comply with FERPA, and Schools' obligations with respect to FERPA.

Artsonia is not in a position to provide legal advice regarding whether the School's existing FERPA disclosures are sufficient. To the extent that Teacher have questions regarding these issues, they should consult the School's own legal counsel for more information.

We may modify this Agreement or Guidelines to, for example, reflect changes to the law or changes to our Service. You should look at the Agreement regularly. We last modified this Agreement on the date stated above. We'll post notice of modifications to this Agreement on this page or elsewhere on the Service and/or as required by law. Changes will not apply retroactively and will only become effective when (a) you use the Service after you know about the change, or (b) thirty days after they are posted (whichever is sooner). However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. Your continued use of the Service, following notice of the changes to the Agreement or Guidelines, constitutes your acceptance of our amended terms, policies or guidelines. If you do not agree to the modified Agreement, you should discontinue your use of the Service.

Artsonia will not materially change how PII contained in Education Records is used or shared under these Terms without advance notice, including prominent notice to affected Users. If a change with respect to how PII contained in Education Records is used or shared under these Terms has a material adverse impact on the Teacher or School and the Teacher or School does not agree to the change, the Teacher or School must notify Artsonia within thirty days of receiving the notice of change as described in the Contacting Artsonia section below. If the Teacher or School notifies Artsonia as required, then the Teacher or School will remain governed by the Terms in effect immediately prior to the change until the end of the then current Term. If the Service is renewed, they will be renewed under Artsonia's then current Terms.

You represent and warrant that you (i) possess all rights necessary to provide your User Content and grant Artsonia the rights in this Agreement; (ii) you will comply with the Laws in connection with your use of the Service; and (iii) you are solely responsible for providing notices and obtaining any consents required by applicable Laws for students to use the Service or to provide the User Content, including compliance with the applicable provisions of COPPA as set forth in this Agreement when obtaining school consent.

You covenant and promise that you will not provide any User Content or otherwise use the Service in a manner that (i) infringes, violates or misappropriates another's intellectual property (including, without limitation, copyright, trademark, patent or trade secret) rights, rights of publicity or privacy, or other rights; (ii) violates any applicable national or international, federal, state or local law, statute, ordinance or regulation or which would render Artsonia in violation of any applicable laws or regulations, including without limitation COPPA, CCPA, EU General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR), state student privacy laws, and FERPA (collectively the "Laws'); (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, slanderous, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of your account or the Service in any way, such as allowing someone else access to your account or password or submitting User Content that contain viruses.

We do our best to keep Artsonia safe, but we cannot guarantee it. We need your help to keep Artsonia safe, which includes the following commitments by you when using our Service:

1. You will only use the Service as permitted by Law, including applicable export or re-export control laws and regulations.
2. You will not copy, modify or distribute any text, graphics, or other material or content available through the Service without our prior written permission, or if such content is a User Content, the prior written consent of such User.
3. You will not post any User Content or use the Service in a manner that infringes, violates or misappropriates any third party's intellectual property rights or other proprietary rights, or contractual rights.
4. You will not use the Service to violate a person’s right to privacy or publicity or otherwise collect, use or disclose data, including personal information, about other Users without consent or for unlawful purposes in violation of any Law.
5. You will not post, or otherwise transmit, any unauthorized commercial communications (such as spam, promotional emails, or advertisements) on or through the Service.
6. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on the Service.
7. You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, including any Users' content or information, or otherwise access the Service, - except for Internet search engines (e.g. Google) and non-commercial public archives (e.g. archive.org) that comply with our robots.txt file, or "well-behaved" web services/RSS/Atom clients. We reserve the right to define what we mean by "well-behaved".
8. You will not employ misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin on any content transmitted to or through the Service.
9. You will not upload viruses or other malicious code, files or programs.
10. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Service or prevent other Users from using the Service, such as a denial of service attack or interference with page rendering or other Service functionality.
11. You will not access (or attempt to gain unauthorized access) to the Service or to Artsonia's computer systems by any means other than those permitted by this Agreement or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service.
12. You will not collect, solicit or otherwise obtain login information or access an account belonging to someone else.
13. You will not bully, intimidate, or harass any User or use the Service in any manner that is threatening, abusive, violent, malicious, or harmful to any person or entity, or invasive of another's privacy.
14. You will not use this Service in any way to upload, post, transmit, email or otherwise distribute any material that: is hate speech, discriminating, defamatory, threatening, pornographic or obscene; incites violence; contains nudity or graphic or gratuitous violence; or is otherwise objectionable as reasonably determined by Artsonia.
15. You will not use the Service to do anything unlawful, deceptive, misleading, illegal, unethical, malicious, or discriminatory (including based on race, sex, color, religion, national origin, marital status or disability).
16. You will not use the Service in any manner that is harmful to minors. Without limiting the foregoing, you will not transmit or post any content anywhere on the Service, including any User Content, that violate child pornography laws or that otherwise violates any child sexual exploitation laws. Artsonia absolutely does not tolerate this and will report any suspected instances of child pornography, including reporting any of your User registration information, to law enforcement, including the National Center for Missing and Exploited Children.
17. You will not use the Service in any commercially unreasonable manner or in any manner that would disparage Artsonia.
18. You will not impersonate an Artsonia employee, or any other person, or falsely state or otherwise misrepresent your affiliation with any person or entity.
19. You will not facilitate or encourage any violations of this Agreement or our policies, including, without limitation, to facilitate the unlawful distribution of copyrighted content.

Any violation of the above may be grounds for termination of your right to access or use the Service. You also agree to immediately notify Artsonia the event of an actual or threatened claim that you have violated any of the covenants and agreements contained in this Agreement.

We may provide experimental features for you to try. These experimental features are not guaranteed to work the first time or any time. These features may abruptly and unexpectedly cease functioning, or disappear altogether. Other features of Artsonia are not regularly tested for compatibility with experimental features. Experimental features will be added and old ones removed, possibly (probably) without notice.

Artsonia offers Users a service to imprint their children's Artwork on custom merchandise such as coffee mugs, t-shirts and other items ("Custom Merchandise"). If you purchase Custom Merchandise, we may disclose your personal information to the Parent of the child whose Artwork appears in the Custom Merchandise. In such case, the disclosed personal information can include your name, shipping address city and state, and if applicable relationship to artist.

If you make a payment on Artsonia, you agree to our Payment Terms unless it is stated that other terms apply.

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 ("Return Policy"):

• If a User receives a gift item that depicts the wrong piece of Artwork, or that is broken or otherwise defective, Artsonia will replace the item free of charge if notified of the problem within 14 days after delivery of the merchandise to the User. To provide notification, the User must email Artsonia at orders@artsonia.com and include the following information: the User's name and mailing address, the order number, the screenname of the artist, the correct art identification number (if applicable) and the reason for the requested product replacement.

• Although Artsonia takes the utmost care to achieve the best reproduction quality on all merchandise, Artwork submitted to Artsonia by the School or Parent of an artist may be of poor image quality (i.e., low resolution or poor lighting) and may not reproduce well on merchandise. Therefore, before making an order, the User must check the Artwork on the Service to ensure adequate image quality. Artsonia will not accept the return of any merchandise that is a faithful reproduction of the Artwork image in our archive and displayed on the Service. However, if the reproduction quality is poorer than the image on the Service, the User can return the item(s) to the address below, and Artsonia will replace the item within four weeks after the date that Artsonia receives the returned merchandise.

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

• The User is responsible for ensuring that the Artwork that they have ordered to be reproduced on the merchandise was created by the intended artist. Artsonia will not accept returns of merchandise if a User orders merchandise depicting Artwork from the wrong artist.
• The User must ensure that they have ordered the correct size t-shirt or other apparel prior to finalizing the merchandise order. Artsonia will not accept returns of t-shirts or other apparel due to incorrect sizing.

We provide our Service using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we don't promise about our Services.

YOUR USE OF THE SERVICE AND ANY PRODUCTS OR SERVICE OFFERED THROUGH THE SERVICE AND ANY USER CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS OR THIRD-PARTY CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE SERVICE (AND ANY ASSOCIATED CONTENT, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, ARTSONIA TECHNOLOGY OR USER CONTENT) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTSONIA AND ITS SUCCESSORS, AFFILIATES, SUBSIDIARIES, CONTRACTORS, EMPLOYEES, DIRECTORS, SUPPLIERS, LICENSORS, PARTNERS AND AGENTS ("COMPANY PARTIES") EXPRESSLY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE ARTSONIA TECHNOLOGY, SERVICES, PRODUCTS, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS AND USER CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF QUALITY, ACCURACY, PERFORMANCE, AVAILABILITY, MERCHANTABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ARTSONIA AND THE COMPANY PARTIES MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICE, ARTSONIA TECHNOLOGY, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, USER CONTENT OR ANY PRODUCTS PURCHASED THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE TO YOUR LIKING, BE ERROR FREE OR UNINTERRUPTED, THAT ALL ERRORS WILL BE CORRECTED OR THAT THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. SOME FEATURES ARE EXPERIMENTAL AND HAVE NOT BEEN TESTED IN ANY MANNER.

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.

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.

UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ARTSONIA OR COMPANY PARTIES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST OF COVER, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF ARTSONIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO (i) THIS AGREEMENT; (ii) YOUR USE OR THE INABILITY TO USE THE SERVICES, CONTENT, CUSTOM MERCHANDISE, THIRD-PARTY CONTENT, THIRD-PARTY WEBSITES, THIRD-PARTY APPLICATIONS, OR USER CONTENT; OR (iii) ANY INTERACTION WITH ANY THIRD PARTY THROUGH OR IN CONNECTION WITH THE SERVICE, INCLUDING OTHER USERS.

IN NO EVENT WILL ARTSONIA OR THE COMPANY PARTIES BE LIABLE TO YOU IN THE AGGREGATE (FOR ALL POTENTIAL CLAIMS BY YOU) FOR ANY DAMAGES INCURRED IN EXCESS OF THE GREATER OF ANY FEES YOU HAVE ACTUALLY PAID TO ARTSONIA FOR USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENTS GIVING RISE TO THE CLAIM, OR ONE HUNDRED DOLLARS ($100).

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, ARTSONIA'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

You agree, to the extent permitted by your state's laws, to indemnify, hold harmless, and defend Artsonia, and our successors, subsidiaries, affiliates, licensors, partners, co-branders, contractors, and subprocessors, and each of their respective employees, officers, directors, agents, successors and assigns from and against any and all damages, losses, demands, liabilities, settlements, costs and expenses of any kind (including reasonable attorneys' fees) from any claim or demand made by any third party relating to or arising out of (i) your access to, use, or misuse of the Service; (ii) your breach or alleged breach of this Agreement, including but not limited to, any representations and warranties, covenants and promises, (iii) your violation of any applicable Laws including, but not limited to, any failure to obtain or provide, maintain, or restrict any necessary consent, including but not limited to User Content, where such obligations arise under the Laws; (iv) any infringement by you or any third party using your account of any intellectual property, privacy or other right of any person or entity, including, without limitation, in connection with your User Content; or (v) your breach or alleged breach of any interaction, agreement or policy between you and other Users.

Artsonia reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Artsonia. Artsonia will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

It is Artsonia's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA"). For more information, please go to Artsonia's DMCA Notification Guidelines. Artsonia may remove any allegedly infringing content without any liability to you. Artsonia will promptly terminate without notice any User's access to the Service where the User is repeatedly infringing other people's intellectual property rights, including without limitation, copyright rights. Artsonia, however, reserves the right to identify and terminate Users under any circumstances it deems appropriate, including after only a single instance of allegedly infringing behavior by that User.

Artsonia may permit you to register for and sign on to the Service through, or otherwise associate your Artsonia account with, certain third party social networking or integrated services, such as Facebook Connect and Google ("Integrated Service"). By registering for or signing on the Service using (or otherwise granting access to) an Integrated Service, you agree that Artsonia may access your Integrated Service's account information, and may store and use certain information already associated with the Integrated Service consistent with our Privacy Policy. Please see our Privacy Policy for more details.

If you use any third-party applications, including, but not limited to, third-party applications that are integrated directly with our Service through application programming interfaces ("APIs") for your convenience ("Third-Party Applications"), you are solely responsible for your interactions with such Third-Party Applications. Additionally, if you elect to use any Third-Party Applications, you are solely responsible for the selection of and any transfer or downloading of any User Content, or any other data or content stored on the Service, to such Third-Party Applications, including through any Artsonia API’s. Artsonia shall not be responsible for any disclosure, modification or deletion of your data, or the use of your data by such Third-Party Applications, including, without limitation, any User Content, resulting from any such access by Third-Party Applications.

You acknowledge and agree that in connection with certain Third-Party Applications, you will be required to create accounts on other websites in your name ("User Third-Party Accounts") for such services to function. Such User Third-Party Accounts are required by the Third-Party Applications to be set up directly between you and the Third-Party Application. Use of the User Third-Party Accounts will be governed by the terms of use, agreements, policies, rules, guidelines and privacy policies of such websites ("Third-Party Application Terms"). You agree and acknowledge that you are solely responsible for compliance with such Third-Party Application Terms. If required to provide the Service, you hereby authorize and grant Artsonia a right to use any names, passwords, API keys or other keys ("Third-Party Application Account Keys") solely as necessary to provide the Service.

You represent and warrant, in connection with any use of Third-Party Applications, that you: (i) shall comply at all times with all applicable Third-Party Application Terms, including regarding the indirect or direct transfer of any User Content or other data to any third parties; (ii) shall comply with any and all process and guidelines set forth (or that may be set forth) by Artsonia regarding Third-Party Applications; and (iii) will comply with the Content Submission Guidelines for all content you link to or integrate with the Service through the use of any Third-Party Applications.

Content from other Users and third parties, including, information about third-party products and services, is made available to you through the Service ("Third-Party Content"). Additionally, the Service may contain links to third-party websites that are not owned or controlled by Artsonia, and includes features that allow you to interact and communicate with third parties ("Third-Party Websites"). The inclusion of Third-Party Content and links to Third-Party Websites on the Service does not imply our affiliation or endorsement of such Third-Party Content or Third-Party Websites. Because we do not control Third-Party Content or Third-Party Websites, you agree that we are not responsible for any such Third-Party Content or Third-Party Websites, including the accuracy, integrity, quality, legality, usefulness, safety or intellectual property rights of or relating to such Third-Party Content or Third-Party Websites (including privacy policies or opinions expressed on the Third-Party Websites), it is the sole responsibility of the person from which such Third-Party Content or Third-Party Websites originated, and Artsonia has no obligation to monitor such Third-Party Content or Third-Party Websites. Notwithstanding the foregoing, Artsonia or its designees reserves the right, but shall have no obligation, to pre-screen, filter, remove, refuse to accept, post, display or transmit any Third-Party Content or links to Third-Party Websites in whole or part at any time for any reason or no reason with or without notice and with no liability of any kind. You are solely responsible (and assume all liability and risk) for determining whether or not such Third-Party Content or Third-Party Websites are appropriate or acceptable to you. Your interaction with Third-Party Content and Third-Party Websites are subject to their respective terms and conditions and privacy policies. You understand that by using the Service you may be exposed to Third-Party Content or Third-Party Websites that are offensive, indecent or objectionable, and that you use the Service at your own risk.

Artsonia is not responsible for the actions, content, information or data of other third parties, including other Users. You are solely responsible for your interactions with other Users of the Services, and any other parties with whom you interact on our Service. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline interaction with any other person. We reserve the right, but have no obligation, to become involved in any way with these disputes.

If you have a dispute with one or more Users, or third parties, you release us (and our officers, directors, agents, subsidiaries, successors, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, including damages for loss of profits, goodwill, use, privacy or data. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which if known by them must have materially affected his settlement with the debtor." And, if you are not a California resident, you waive any applicable state statutes of a similar effect.

We always appreciate your feedback or other suggestions about Artsonia, but you understand that we may use your feedback or suggestions without any obligation to compensate you for them.

This Agreement shall remain in full force and effect while you use the Service unless your account is terminated as provided in this Agreement ("Term"). Certain Users may terminate their use of the Service or your account at any time by contacting us as described in the Contacting Artsonia section below. Please note that even if your account is deleted, Artwork uploaded by students or teachers on behalf of students may be retained at the direction of the School (e.g. for legal compliance reasons such as maintenance of "education records" under FERPA or "student records" under various state student privacy laws). Please learn more about what happens when you terminate or delete your account here.

You acknowledge that, if you knowingly, intentionally or negligently violate this Agreement, Artsonia may suspend your license to the Services, in whole or in part, until the violation has stopped or terminate your license and use of the Services. In the event that you fail to correct the violation after reasonable notice from Artsonia, Artsonia may terminate your license and use of the Services and this Agreement. You agree and if such termination or suspension occurs, Artsonia shall bear no responsibility or liability for any damages or claims resulting from or in connection with such actions, including the loss of information associated with your account.

The following does not apply in the unforeseen circumstances in which Artsonia ceases operations or files for bankruptcy at which point Artsonia may terminate or suspend all User accounts and licenses with or without notice to you, and with no liability to you. We believe that you (or your School as applicable) own your data and preserving access to such data is important. If we discontinue the Service (such as if we went out of business), where reasonably possible, we will give you advance notice and a chance to get information out of the Service. Please visit our Privacy Policy section Transparency and Your Rights for more information of how to take information out of Artsonia.

All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to Users and non-Users who interact with Artsonia outside the United States:

1. You agree to comply with all applicable local Laws in force in the jurisdiction in which you are located regarding the transmission of technical data exported from the United States or the country in which the User resides.
2. You consent to the transfer of your personal information outside of your home jurisdiction, including to the United States, and to the storage or your personal information in the United States, for the purpose of hosting, using and processing the personal information in accordance with our Privacy Policy. You further acknowledge that these countries may not have the same data protection laws as the country from which you provided your personal information, and that Artsonia may be compelled to disclose your personal information to U.S. authorities. You have the right to withdraw your consent at any time by contacting us as described in the Contacting Artsonia section below.
3. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Artsonia (such as purchasing custom product). You will not use Artsonia if you are prohibited from receiving products, services, or software originating from the United States. You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations ("EAR") maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department's Office of Foreign Assets Control ("OFAC"), and the International Traffic in Arms Regulations ("ITAR") maintained by the Department of State. Specifically, you agree that you shall not -- directly or indirectly -- sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such software or technology) received from Artsonia under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. You agree to indemnify, to the fullest extent permitted by law, Artsonia from and against any fines or penalties that may arise as a result of your breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

1. Unless and solely to the extent that you or your School have a separate written agreement with Artsonia that governs your use of the Service (in which case such agreement will control), this Agreement makes up the entire agreement between the parties regarding our Services, and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
2. This Agreement and any subsequent versions of this Agreement posted to the Website will be deemed a writing signed by both parties.
3. If any portion of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the maximum extent necessary so that the remaining portions of the Agreement will remain in full force and effect and enforceable.
4. If we fail to enforce any of this Agreement, it will not be considered a waiver of any further rights hereunder.
5. Any amendment to or waiver of this Agreement must be made in writing and signed by us.
6. You will not transfer, sublicense or assign any of your rights or obligations under this Agreement to anyone else without our consent.
7. All of our rights and obligations under this Agreement, including the Agreement itself, are freely transferable or assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8. Nothing in this Agreement shall prevent us from complying with the law.
9. This Statement does not confer any third-party beneficiary rights.
10. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Artsonia in any respect whatsoever.
11. We reserve all rights not expressly granted to you.
12. Artsonia shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Artsonia's reasonable control.