By signing up for the Artkive Box service and sending in your art, you agree to the following terms as stated below. To summarize the most important items:
- “Complimentary Services:”
- The “Website,” located at "www.artkiveapp.com", provides Users with information about the Company's offerings.
- The “App,” when downloaded to a User's mobile devise provides Users with limited free storage of images, the ability to share and receive images, and the ability to purchase certain products and services.
- Company “Newsletters” provide Users with additional information about the Company's offerings and other promotional material.
- “Paid Services:”
- A “Membership” provides some or all of the following, depending on the specific Membership chosen: access to additional storage, discounts on books or boxes, additional savings, book credits, and expedited order processing through the Company's Website or App conditioned on a Subscriber's payment of the applicable monthly or annual fee (“Fee”).
- An “Artkive Box” provides Users (as defined below) the ability to ship art to the Company and receive the additional products and services described in subsections (iii)-(vi) below. It is available through the Website and App conditioned on a payment of applicable fees: the first payment to receive the box (“Initial Fee”) and subsequent payment for the balance based on the quantity of images and products and/or services elected (“Final Fee”).
- An “Artkive Book” is a printed book from images uploaded to the App or digitized through using the Artkive Box and/or Other Artkive Services conditioned on a User's payment of the applicable fee.
- A “Mosaic” is a print or framed print of multiple images uploaded to the App or digitized through using the Artkive Box conditioned on a User's payment of the applicable fee.
- “Digitization” is the process whereby the Company photographs the art provided to Company in an Artkive Box. This services is only available to Artkive Customers that have purchased an Artkive Box.
- A “USB Drive” is a USB drive containing the artwork that has been digitized by the Company. This product is only available to Artkive Customers that have purchased an Artkive Box and Digitization.
- “Gift Cards” are certificates entitling the Artkive Customer or an Artkive Customer recipient to apply certain credits or funds to a future order. “Gift Cards” may be used for a specific product or service as noted on the physical or electronic gift card and as offered by the Company.
- “Other Artkive Services” are a collection of other services offered to customers that include, but are not limited to, Artkive Exchange and Discounted Packages associated with the Artkive Box Services. The payment for such services will be presented at the Company’s Website, and any fees associated with Other Artkive Services that are not initially collected will be published at the Company’s Website and in email or printed information provided to the Customer following their purchase.
- Users. The users consist of the following roles (collectively the “Users,” and each individually a “User”):
- A “Viewer” may view publicly available content on the Website general information about Kive and its Services and may receive and view shared images from other Users through the App's sharing capabilities.
- A “Reader” is an individual that has opted-in to receive the Newsletters from Company via email or other means of communication.
- An “Artkive Customer” is an individual that purchases an Artkive Box, Artkive Book, Mosaic, Book Credit, Gift Card, or Other Artkive Services.
- A “Member” is an individual that purchases a monthly or annual Kive Membership.
- Refer A Friend Program.
By participating in the Artkive Refer a Friend program, you represent that you agree to these terms and conditions. To qualify for a qualifying discount on an Artkive Box purchase, the referred person must (i) be a new customer, and (ii) use a referral link (or referrer's email address) to obtain the promotional code. Referring customers will receive a referral credit redeemable at"www.artkiveapp.com"after the referred friend makes a purchase. Refer a Friend credits can be applied to book purchases, the second payment of Artkive boxes, and Framed Mosaics.
- Referral credits expire one year after issue. Your credit balance can be found in the Artkive app or by logging into your account on a non-mobile device. Your current balance can be found at My Artkive/Account/Book Credits.
- In the event the referred friend cancels their order, the referral credit awarded to the referring customer will be rescinded. You may not earn credit for referring yourself with your referral code. Referral credit cannot be applied to previous purchases, is not redeemable for cash and is non-transferable. Artkive Refer a Friend credits may not be redeemed on the following: memberships, gift cards, or Artkive Box shipping kits (initial purchase). Other exclusions may apply.
- Artkive is not responsible for communication errors, including distribution of Refer a Friend Credits, due to a change of email address or other changes in contact information. Artkive reserves the right, at its sole discretion and without prior notice, to suspend, change or terminate the program; to modify, limit or suspend the use of referral credits; or to modify or change redemption procedures.
- To Contact the Artkive Refer a Friend Program: Please send an email to firstname.lastname@example.org
- You must be at least eighteen (18) years old to access the Services. If you are not at least eighteen years old, you are not permitted to access the Services for any reason. User may not circumvent any technological measures or features of the Services that are intended to or effectively control access to the Services, or any other protected content or information included in the Services.
- The Website may contain robot exclusion headers. User agrees to not use any robot, spider, crawler, scraper or other automated means to access the Website for any purpose without the Company's express prior written consent.
- User further agrees to not interfere or attempt to interfere with the proper working of the Website or App or any activities conducted on the Website or App.
- The Company reserves the right to refuse the use of or access to any Company Services for any User for any reason in the Company's sole discretion.
- Payment, Expiration, and Refund of Fees.
- Artkive Box. Pricing for the Artkive Box and quantity of pictures shall be published on the Website. Upon purchase, Users shall be billed an Initial Fee. Upon Digitization, the Company shall invoice User for the balance remaining based on the quantity of images and the type of products and/or services ordered. Artkive Boxes order may be cancelled or changed as follows: (i) on the same day they are purchased, Artkive Box orders may be cancelled with a $5 cancellation fee, that shall be deducted from the refund, or (ii) prior to Digitization, Artkive Customers may update the Artkive Box order to cancel related Artkive Book, Mosaic and/or USB Drive orders, subject to payment in full of the Digitization Fee and any remaining products and services orders. A User's Artkive Box is valid for one (1) year from the date of purchase.
- Artkive Book. Users may purchase Artkive Books through the Artkive Box as described in subsection (a) above, through uploads through the App according to the rates published on the App and Website, and through Other Artkive Services. Purchases made through the App shall be billed in full upon purchase. Once ordered through the App, there are no refunds for Artkive Books.
- Mosaic. Users may purchase Mosaic through the Artkive Box as described in subsection (a) above or through uploads through the App according to the rates published on the App and Website. Purchases made through the App shall be billed in full upon purchase. Once ordered through the App, there are no refunds for Mosaics.
- Digitization and USB Drives. Artkive Customers may restrict their Artkive Box purchase to Digitization and USB drive purchases. The “Digitization Fee“ is $45 for up to 25 pieces of art and then an additional $1.25 per piece of art thereafter. USB Drives can be purchased according to the rates published on the App and Website (typically $25 each). Artkive Customers shall be billed for Digitization and USB Drives as set forth in subsection (a) above. Except for cancellations of the Artkive Box made on the same day of the order, there are no refunds for Digitization. USB drive orders can be cancelled prior to Digitization and such cancellation is entitled to a full refund for the cost of the USB Drive.
- Gift Cards. Upon purchase, Artkive Customers shall be billed in full for the applicable dollar value of the Gift Card. The dollar value of Gift Cards shall never expire. There are no refunds for Gift Cards.
- Other Artkive Services. Pricing for Other Artkive Services shall be published on the Website or affiliated sites. Upon purchase, Users shall be billed a Fee. Some services may have an Additional Fee based on quantity of art associated with the Services and/or type of Services provided. All purchases made through Other Artkive Services are non-refundable, unless otherwise explicitly noted.
- An “Exclusive Book Discount'' is a discounted book purchased by a User in advance of the Company receiving the Customer’s Artkive Box. This product is only available to Artkive Customers that have already purchased an Artkive Box (additional fees may apply if User sends Company more items than previously purchased).
- “Artkive Exchange” is a service that provides Users the ability to purchase a book upfront and then ship the art for their prepaid book to the Company using their own packaging and shipping label. Upon the Company receiving the User’s Artkive Exchange shipment, the Company will photograph, edit, and create a book based on the prepaid book size purchased by the User (additional fees may apply if User sends Company more items than previously purchased).
- “Artkive International” is a service that provides Users outside of the United States the ability to purchase a book upfront and then ship the art for their book to the Company using their own packaging and shipping label. Upon the Company receiving the User’s Artkive International shipment, the Company will photograph, edit, and create a book based on the prepaid book size purchased by the User (additional fees may apply if User sends Company more items than previously purchased).
- Memberships. Upon purchase, Members shall be billed a Fee consisting of either (i) the entire annual payment (“Annual Fee”) or (ii) the first monthly payment (“Monthly Fee”) according to the rates and Membership tiers published on the Website or App. Thereafter, the Members who choose to pay monthly shall be automatically billed the Monthly Fee on a monthly basis until \termination. Members who choose to pay annually shall be automatically billed the Annual Fee on an annual basis until termination. The Company may increase the Monthly Fee and Annual Fee due in connection with your Membership by providing thirty (30) days' notice. Monthly Fees and Annual Fees are non-refundable.
- If a Membership is selected that provides book credits, your book credits expire 12 months after signing up, but new credits are issued at the start of each annual billing period.
- If payment is not made within 30 days, we reserve the right to process the minimum balance due using the original method of payment. The minimum balance due is the cost of digitization.
- Shipping Protection Package
- The Company cannot and does not guarantee that your Art will not be accidentally damaged while in the possession of the shipping carrier, nor does the Company assume the risk of loss for your Art while it is in transit. Instead, the risk of loss remains with you during transit, and you bear all responsibility of loss or damage of your original content until it is received by the Company.
- If you have purchased the Shipping Protection Package, your shipment to Artkive is guaranteed with the $500 in additional protection, which offers limited protection for complete package loss or misdirection while in the possession of the shipping carrier. The return shipment from the Company to you is guaranteed with one year on-site digital backup as added safety protection in the unlikely event of complete package loss or misdirection while in the possession of the shipping carrier. You further acknowledge and agree that the safe handling guarantee is a reasonable approximation of the damages that would be suffered by you from the loss of your entire order and is not a penalty.
- The Shipping Protection Package is not insurance and the Company is not an insurer. You acknowledge that the Shipping Protection Package is optional, and if you choose the Shipping Protection Package, it only covers complete package loss or misdirection while in the possession of the shipping carrier. The Shipping Protection Package is not a substitute for improper packing and the plan will not cover damage to art that was not packed according to Artkive's instructions.
- Mobile Message Service Terms and Conditions.
- The Artkive mobile message service (the "Service") is operated by the Kive Co. (“The Kive Co.”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes. We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
- Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Service provides updates, alerts, and information (e.g., order updates, account alerts, etc.)], promotions, specials, and other marketing offers (e.g., cart reminders)] from The Kive Co. via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Text the single keyword command STOP to 657-888-0278 to cancel at any time. You'll receive a one-time opt-out confirmation text message. If you have subscribed to other Kive Co. mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 657-888-0278 or email email@example.com.
- We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
- The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. You agree to maintain accurate, complete, and up-to-date information with us related to your receipt of messages.
- To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
- Intellectual Property Ownership.
- We welcome your comments about the Services. However, it is against our policy to review or consider any unsolicited submissions or suggestions because we want to avoid the possibility of future misunderstandings in the event that ideas developed by the Company might seems similar to the ideas submitted to us. Accordingly, we request that you refrain from sending us any original creative ideas, suggestions or materials, particularly those that are confidential or personal to you. If you send us any ideas, suggestions of material, it shall become property of the Company, and we will not be subject to any obligation of confidence nor liable for any use or disclosure of any submission.
- Upon uploading or posting photographic images, videos or any descriptive text about a photograph or video within our App or on any Company Instagram, Facebook, or social media page (“User Content”), User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty free license to display the User Content in connection with Company's provision of the Services. Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party.
- In the event Company has requested permission from a User to publish and distribute any specific User Content, immediately upon User's confirmation that permission is granted, User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty-free license to use, copy, sublicense through multiple tiers, publish reproduce, prepare derivative works distribute and display such User Content and any derivative works thereof. Revocation of such license shall not apply to Company's use of the User Content to provide the User with use of the Company Services or to any Company uses of the User Content prior to the revocation.
- User represents and warrants to the Company with respect to the User Content that the User Content, and the license of rights in and to the User Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party, and that posting any User Content will not violate any applicable laws, rules, or regulations. User shall indemnify and hold harmless the Company, and its officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney's fees and costs, arising out of or connected with any claim that the User Content or any portion of the User Content infringes the rights of any third party or any other damages arising from any use of, or reliance upon, the User Content by a third party, including but not limited to other Users of these Services. User Content includes but it not limited to all data and content, including without limitation, all photographs, images, graphics, video recordings, drawings, written descriptions, remarks, and narratives submitted by Users to the Company.
- Artkive reserves the right to not photograph any art or object it deems offensive which may include, but is not limited to, items that are racist, prejudice, violent, pornographic, or otherwise deemed objectionable by the team at Artkive
- Links to Other Websites and Promotions.
- The Website and App may contain links to other websites (“Linked Websites”). The Linked Websites are provided for User's convenience and information and, as such, User accesses them at its own risk. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.
- In the event you elect to participate in any third party promotions or engage in third party services that may have been introduced or otherwise promoted on the Website, App or Newsletter, any correspondences or participation with such third parties, including the delivery of and the payment for products, services or content, are solely between you and each such third party.
- Interruptions to the Services.
- Notification of Potential Infringement.
If any User believes its copyright, trademark or other property rights have been infringed by any content included or posted within the Services, User should immediately send a notification to the Company's designated agent (“Designated Agent”), as identified below. To be effective, the notification must include: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iv) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit the Company to locate the material; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), the Company's Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be: Ruth McKee, Artkive, 15800 Arminta Street, Van Nuys, CA 91406.
- Representations, Warranties, and Covenants.
- Confidential Information.
- Company makes no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
- Company does not warrant that (i) the content is accurate, reliable or correct, (ii) the Services will be available at any particular time or location, (iii) any defects or errors will be corrected, or (iv) the content is free of viruses or other harmful components. Your use of these Services is solely at your own risk. Where any such exclusion of warranties are not permitted in your jurisdiction, such exclusion does not apply to you.
- Limitation of Liability.
- WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
- ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID data and internet interuptions, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
- Readers may terminate by selecting the option to unsubscribe in any email communication they receive or by providing the Company with written notice.
- Members may terminate (i) in the event Company fails to cure a material breach of its agreement to provide the license set forth in Sections 3(c) or 3(d) within ten (10) days' written notice.
- California Residents.
If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry: 3505 The Alameda, Santa Clara, CA 95050.
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
- Defamation; Communications Decency Act Notice.
This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.