Artkive Terms of Use:

Please read these Terms of Use carefully (“Terms” or “ToU”). These Terms govern and apply to your access and use of Artkive via the Artkive site (www.artkiveapp.com) and the Artkive mobile apps (collectively, the “Artkive Service(s)”). BY USING THE ARTKIVE SERVICE, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS DESCRIBED WITHIN. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE ARTKIVE SERVICE.

1. You are responsible for any activity that occurs under your screen name.
2. You are solely responsible for your conduct and any data, text, information, screen names, graphics, photos, profiles, links ("Content") that you save on the Artkive service.
3. You must not modify, adapt or hack Artkive Services or modify another website so as to falsely imply that it is associated with Artkive Services.
4. You must not transmit any worms or viruses or any code of a destructive nature.
5. You must not, in the use of Artkive Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
6. Violation of any of these agreements will result in the termination of your Artkive account. While the Artkive Service prohibits offensive conduct and content on its site, you understand and agree that the Artkive Service cannot be responsible for the Content posted on its web site and you nonetheless may be exposed to such materials and that you use the Artkive service at your own risk.
7. You are allowed to access, view and share your child’s artwork through the Artkive Service. As long as you comply with these Terms, you have the right to download and install a copy of the Artkive Service to your mobile device, and to access and use the Artkive Service, for your own personal use. You may not: (i) copy, modify or distribute the Artkive Service for any purpose; (ii) transfer, sublicense, lease, lend, rent or otherwise distribute the Artkive Service to any third party; (iii) decompile, reverse-engineer, disassemble, or create derivative works of the Artkive Service; (iv) make the functionality of the Artkive Services available to multiple users through any means; or (v) use the Artkive Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. When you share your uploaded pictures to Artkive (either through the Artkive Services or via email), you are giving Artkive the right to display such content on the Service and its affiliated publications and to distribute such content and use such content for promotional and marketing purposes.
8. In the event of any failure of the Artkive Services to conform to any applicable warranty, you may notify The Kive Company and The Kive Company will refund the purchase price for the Artkive Service to you (if applicable) and to the maximum extent permitted by applicable law, The Kive Company will have no other warranty obligation whatsoever with respect to the Artkive Services.
9. The Kive Company is not responsible for addressing any claims you have or any claims of any third party relating to the Artkive Service or your possession and use of the Artkive Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Artkive Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar.
10. We reserve the right to modify or terminate the Artkive Service for any reason, without notice at any time.
11. We reserve the right to alter these ToU at any time. If the alterations constitute a material change to the ToU, we will notify you via the email used during registration. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
12. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property or these ToU.
13. At some point, The Kive Company may choose to create a public gallery where you can publish images that you’d like to share with other Artkive users. In this case, The Kive Company does NOT claim ANY ownership rights in the text, files, images, photos, or any other materials (collectively, "Content") that you post on or through the Artkive Services. By displaying or publishing ("posting") any Content on or through the Artkive Services, you hereby grant to The Kive Company a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Artkive Services.
14. While there are currently no plans to do so, at some point some of the Artkive Services may become supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Kive Company may place such advertising and promotions on the Artkive Services or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
15. You represent and warrant that: (i) you own the Content posted by you on or through the Artkive Services or otherwise have the right to grant the license set forth in this ToU, (ii) the posting and use of your Content on or through the Artkive Services does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person, and (iii) the posting of your Content on the Artkive Services does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of Content you post on or through the Artkive Services.
16. Our Service may change from time to time and/or we may stop (permanently or temporarily) providing the Service (or features within the Service), possibly without prior notice to you. In this case, you will be notified and have sufficient time to make any back-ups necessary of your content. In the event of a permanent shutdown of the Artkive Services, The Kive Company will make reasonable efforts to provide solutions for you to download and/or otherwise back up any desired content.
17. We reserve the right to refuse service to anyone for any reason at any time.
18. The Kive Company may assign this ToU, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the ToU without The Kive Company’s prior written consent, and any unauthorized assignment by you shall be null and void.
19. If any part of this ToU is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the ToU shall be given full force and effect.
20. In the event any litigation or arbitration is brought by either party in connection with this ToU, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorneys’ fees and other expenses incurred by such prevailing party in the litigation.
21. Our failure to enforce any provision of this ToU shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this ToU shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
22. The Kive Company strives to have all of its customers satisfied with products ordered. If you are not satisfied with your product(s), please contact us at customerservice@thekivecompany.com so we can address in a timely manner. In your email, please include your order number and the reason for your disappointment. If the problem was a result of an error in our printing process or damage incurred during shipping, we will replace the product(s) and re-ship to you free of charge.
23. Shipping charges will be assessed to each order depending on the quantity and size of the product(s) ordered. Applicable shipping charges will be identified and presented to you prior to the completion of your purchase. The Kive Company uses a variety of methods to deliver your order, including USPS and UPS. We provide both standard and expedited shipping options.
24. The Kive Company is committed to safeguarding customer information and combatting fraud. We leverage a technology infrastructure that adheres to both strict internal security policies and industry security initiatives. We utilize industry-leading technologies and protocols, such as 128-bit Secure Sockets Layer (SSL).
25. All notices given by you or required under this ToU shall be in writing and addressed to: The Kive Company, 16130 Ventura Blvd – Suite 400, Encino, CA 91436.
26. You hereby agree that The Kive Company would be irreparably damaged if the terms of this ToU were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this ToU, in addition to such other remedies as we may otherwise have available to us under applicable laws.
27. This ToU, including the documents expressly incorporated by reference, constitutes the entire agreement between you and us with respect to the Artkive Services and supersedes all prior or contemporaneous communications, whether electronic, oral or written, between you and us with respect to the Artkive Services.