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Terms of Service

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Crated, a marketplace for artists by artists, allows artists to earn money from their artwork by making it publicly available for purchase on a variety of products and through various Crated services.  Crated enables artists to sell, promote, comment on and purchase artwork without giving up control of the rights to their artwork. It is the responsibility of all users to ensure that they are upholding their legal responsibilities and are not violating anyone’s rights or breaking any laws by publishing or offering content through Crated. 

Creating a Crated account or purchasing artwork through Crated services, indicates that you agree to all of the Terms of Service and the Privacy Policy.

“You” means you individually, and if you are accepting these Terms of Service and the Privacy Policy on behalf of a legal entity, that legal entity. You represent that you are at least 18 years of age and you have the authority to bind a legal entity, if you represent one. 

Services

Crated offers artists a place to publish, promote, sell, comment on and purchase artwork. Services include, but are not limited to, publishing of artwork, payment processing, transaction handling, order fulfillment and customer support.

Content

You keep the copyright to any content submitted to Crated. Crated respects all copyright laws and will only use your images with your permission. By uploading and submitting content, you give Crated permission to use the content in accordance to this agreement.

When you submit or upload content to the site, you represent and warrant that:

  • You own all copyrights to the content and/or you have the authority to use the content and the rights to display, reproduce and sell the content.
  • Your content does not infringe on the rights of any other person or entity; including trademarks, intellectual property and patents.
  • Your content is not harmful, obscene, pornographic, indecent, unlawful, inflammatory, hateful, or racially, ethically or otherwise objectionable.

Crated reserves the right to review and in its sole discretion, remove any content from your account that breaches this agreement and/or any applicable laws. You agree to indemnify Crated with respect of any direct or indirect damage caused due to your breach of this agreement.

 

User account, Password and Security

Upon creating a user account, you agree to provide Crated with a current email address and to update such information immediately upon any changes. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You are responsible for all activities that occur under your password or account.

Crated cannot and will not be liable for any loss or damage arising from your failure to comply with this Section

 

Privacy Policy

Your privacy is very important to us. All users of our site should refer to our Privacy Policy.

 

Linked Websites

The site may provide, or third parties may provide, links to other websites or resources. Because Crated has no control of such sites and resources, you acknowledge and agree that Crated is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Crated shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

 

Disclaimer

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS SITE AND THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Crated AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Crated DOES NOT MAKE ANY WARRANTY THAT (A) THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THAT THE SITE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR (C) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, OR (D) THAT DEFECTS, IF ANY, WILL BE CORRECTED. YOU AGREE THAT Crated SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE SITE OR ANY CONTENT CONTAINED THEREIN INCLUDING BUT NOT LIMITED TO LOSS OF DATA FROM DELAYS, NONDELIVERIES OF CONTENT OR EMAIL, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OF CONTENT OR EMAIL, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS CAUSED BY THE NEGLIGENCE OF CanvasPop, ITS AFFILIATES, ITS LICENSORS, OR A USER'S OWN ERRORS AND/OR OMISSIONS. 

YOU EXPRESSLY AGREE THAT USE OF THIS SERVICE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR BUSINESS, YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, DATA AND/OR SOFTWARE.

YOU ACKNOWLEDGE THAT Crated DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, Crated AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS SITE.

YOU ACKNOWLEDGE THAT Crated MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS SITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Crated OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

 

Indemnity

You agree to defend, indemnify and hold Crated and Crated’s officers, directors, employees, agents and licensors harmless from all judgments, awards, losses, liabilities, costs and expenses, including but not limited to reasonable attorney's fees, expert witness fees, and costs of litigation arising out of or based on (a) content you submit, post to or transmit through the site, (b) your use of the Site, (c) your connection to the Site, (d) your violation of these Terms or (e) your violation of any rights of a third party.

 

Termination

You agree that Crated, in its sole discretion, may terminate your password, account (or any part thereof) or use of the site, and remove and discard any content you may have contributed to the site, at any time for any reason or no reason. Crated may also in its sole discretion and at any time discontinue providing the site, or any part thereof, with or without notice. You agree that any termination of your access to the site under any provision of these Terms of Service may be effected without prior notice, and acknowledge and agree that Crated may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the site. Further, you agree that Crated shall not be liable to you or any third-party for any termination of your access to the site. Should you object to any terms or conditions or become dissatisfied with the site in any way, your only recourse is to immediately discontinue your use of the site and/or terminate your account.

 

Arbitration

These Terms shall be governed by and construed in accordance with the laws of the province of Ontario, without resort to its conflict of law provisions. Any dispute with regard to this Agreement shall be submitted to one arbitrator for arbitration in Ottawa, Canada. The award rendered by the arbitrator shall be binding as between the parties and judgment on such award shall be entered in any court having jurisdiction thereof. The Arbitrator may award attorney's fees and costs to the prevailing party.

 

General

No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Crated may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of these Terms will not constitute a waiver of the right or provision. Crated's failure to act with respect to a breach by you or others does not waive Crated's right to act with respect to subsequent or similar breaches. If any provision of these Terms is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of these Terms shall in no way be affected or impaired. These Terms constitutes the entire agreement between you and Crated, and supersedes all other communications, written or oral, with regard to the services provided by Crated.

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