THESE “TERMS OF USE” APPLY TO YOU, AN INDIVIDUAL USER ACCESSING ARTKIVEAPP.COM, CARDSBYARTKIVE.COM, INTERNATIONAL.ARTKIVEBOX.COM, PHOTOSBYARTKIVE.COM, OR ANY OTHER WEBSITE OPERATED BY THE KIVE COMPANY ON WHICH YOU FIND THESE TERMS OF USE (TOGETHER, THE “WEBSITE”) OR THE ARTKIVE APPLICATION AVAILABLE ON THE APPLE APP STORE (“APP”), AND THE KIVE COMPANY (“COMPANY”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE OR APP.
THIS SUMMARIZES YOUR FINANCIAL OBLIGATIONS WHEN YOU USE OUR ARTKIVE BOX SERVICE. (PLEASE SCROLL DOWN FOR THE FULL TERMS.)
The Company’s services are only intended for art, cards, and photographs. The Company will not accept potentially hazardous items including but not limited to glass, health/medical related items, teeth, hair, and items with mold or bugs. Further, the Company reserves the right to refuse items it deems offensive, including but not limited to, items that the Company deems racist, prejudiced, violent, or pornographic.
If you order a domestic mosaic for not-yet-digitized art/cards/photos without ordering a book, you will be charged the applicable mosaic fee, based on 9 or 25 image mosaic, and $1.25 for the digitization of each art/card/photo item that was not included in the mosaic. Please note that the digitization process may result in more images than items if you provide double-sided or large items.
If you order (a) a mosaic as an add-on to your book order or for images that have already been digitized, or (b) a Do-It-Yourself (DIY) book for images that have already been digitized, you will be charged the applicable add-on or DIY fee, which is less than the standard pricing that includes digitization.
The Company offers certain domestic pre-paid book options and international card and photo book service that digitizes a set number of items and creates a book of all such items shipped to the Company in your own packaging. The service does not include a box or shipping label for the shipment of your items to the Company, but does include the cost of shipping the book to you. If you send more than the set number, you will be charged for an additional book service for each additional increment of the set number of items covered by the service. For example, if you order a 60-page book but send items that are digitized into 100 images, you will be invoiced for one additional book (two books total). If you include envelopes, the envelopes will not be digitized unless you and the Company have otherwise agreed in writing. Please note that the digitization process may result in more images than items if you provide double-sided or large items. If a service is labeled for Cards or Photos, and you include art in your shipment or non-permitted items, you will be charged a digitization fee of $1.25 per photograph and such art and/or non-permitted items will not be included in the book.
The Company does not return your art, cards or photos unless you purchase a return service. If you did not explicitly purchase the Company’s return service during your initial purchase, the Company will provide you with fifteen (15) days’ notice, to the email address you provided on your order, before your art/cards/photos are destroyed. You must place an order for the return of your art/cards/photos prior to expiration of the notice period.
Additional fees may be assessed for non-standard handling, such as restoration and/or manipulation efforts. For example, if your art/cards/photos are compromised with tape, glue, or another material, the Company may need to restore or manipulate the items in order to digitize them. In such cases, the Company reserves the right to assess, and invoice you for, reasonable additional fees.
If you have purchased a membership that is charged annually, after your initial payment, you will be automatically charged on each anniversary of your membership. Likewise, if you have purchased a membership that is charged monthly, after your initial payment, you will be automatically charged on each monthly anniversary. You will receive 30 days’ notice of any membership rate changes that apply to you. Except for a pro-rata refund that will be provided to you in the event Company terminates your membership for convenience, Membership fees are non-refundable. Please contact us at help@artkiveapp.com.com regarding membership termination, which we will work in good faith to process before your next automatic billing date.
If we are unable to collect payment for an unpaid invoice, the amount due shall accrue interest in the amount of ten percent (10%) per annum (or the maximum non-usurious interest rate, if lesser) from the date due until the date paid in full and you shall be responsible for all attorneys’ and collections’ fees incurred by Company allowed by law. Please note that collections’ fees are typically thirty percent (30%) of the unpaid amount.
Once your art has been digitized and the Company has received payment in full, you will receive access to the digitized photographs in your account. Access to the digitized photographs expires (i) three (3) months from the date you received access, or (ii) three (3) months from the date your book or mosaic is printed, if applicable. To preserve your access to the digitized items longer, you may order a USB drive of your items from the Company, purchase a bulk download, or a Membership. Subject to its right to revoke access and/or delete the photographs in its sole discretion with thirty (30) days’ notice, the Company provides access to up to 39 pieces of art on a complimentary basis.
If you choose to use your own digital images rather than the Company’s digitization service for a book or mosaic, please note that the examples on the Company’s website are representative of books and mosaics created with professionally photographed and edited images and that your book and/or mosaic may not result in the same level of quality.
So long as the Company has not processed your order, you may cancel your Artkive Box, flat fee book, USB purchase and/or art return purchase within one (1) business day. Please contact help@artkiveapp.com to inquire about cancelation. Upon cancelation, you will be refunded the amount you paid less a $5 cancelation fee.
Once you approve your proof, your book and/or mosaic can no longer be cancelled and is non refundable. Prior to proof approval, you may cancel your book or mosaic subject to (A) payment of the digitization fee for any artwork provided to the Company that were not previously digitized, and (B) a $25/proof processing fee if a proof was already provided. Please contact us at help@artkiveapp.com to process your cancelation request.
From time to time, the Company many provide users the opportunity to purchase certain storage, warranty, and shipping protection packages. The terms of such packages will be communicated to you prior to your purchase. For all such warranty and protection packages, you acknowledge and agree that your failure to provide any photographic or other evidence reasonably required by the Company may result in the Company’s denial of your warranty or protection claim. If you have purchased a package that is charged monthly, after your initial payment, you will be automatically charged on each monthly anniversary. Likewise, if you have purchased a package that is charged annually, and automatically renews, after your initial payment, you will be automatically charged on each anniversary. You will receive 30 days’ notice of any rate changes that apply to you. Except for a pro-rata refund that will be provided to you in the event Company terminates your package for convenience, package fees are non-refundable. Please contact us at help@artkiveapp.com regarding termination, which we will work in good faith to process before your next automatic billing date.
Credits you receive through a referral program or memberships can typically be applied to book purchases, mosaics, and the second payment of Artkive boxes, but other restrictions may apply. Credits have no cash value and are non-transferrable. Please note that credits expire automatically on the one (1) year anniversary of your receipt of each credit.
From time to time, the Company may provide users the opportunity to participate in certain programs in exchange for certain perks, such as credits. These programs are only valid for so long as they are marketed on the website, or for thirty (30) days if they have been communicated to you via email. For referral programs, all referred persons must be new customers and use your referral link or code to qualify. If a referred customer cancels an order, your perk/credit will be rescinded. Benefits you receive expire automatically on the one (1) year anniversary of your receipt but may also be terminated by the Company with thirty (30) days’ notice.
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.THIS IS A BINDING LEGAL CONTRACT. EACH USER (AS DEFINED HEREIN) SHOULD CAREFULLY READ THESE TERMS OF USE ('TERMS OF USE') BEFORE USING, VIEWING OR ACCESSING THE COMPLIMENTARY SERVICES OR PAID SERVICES, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADABLE, TEXT MESSAGED, AND EMAILED CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THERWITH (collectively the “Services”). THE USER AGREES TO BE BOUND BY THESE TERMS OF USE, AND BE LIABLE TO THE KIVE COMPANY, A DELAWARE CORPORATION (THE “COMPANY”), FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF THE USER DOES NOT AGREE TO THESE TERMS OF USE, USER SHOULD CLOSE THE WINDOW OR TAB FOR ARTKIVEAPP.COM AND NOT USE THE WEBSITE OR APP.
IMPORTANT PAYMENT TERMS:
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:
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.
- To Contact the Artkive Refer a Friend Program: Please send an email to help@artkivebox.com
The Company reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting revised Terms of Use on the Website or App. By using the Website or App after the Company has posted any modifications, updates or revisions, User agrees to be bound by such revised Terms of Use. User shall have the right to immediately terminate use of the Services, if any modification, update, or other change to these Terms of Use is not acceptable to User. In addition to these Terms of Use, additional terms may govern use of certain materials and events associated with the Company and Services, and User agrees to be bound by such terms.
User acknowledges that the functionality of this Website and App, and links to join the Newsletter are supported by third parties, and that interruptions to and failure of these sites may occur from time-to-time. Access to the Services and their functions may from time-to-time be unavailable to User, whether because of technical failures or interruptions, intentional downtime for service or changes to the Services, or otherwise, all of which are outside of the control of the Company. User agrees that any modification of the Services, and any material interruption or unavailability of access to the Services caused by third parties shall not constitute a default of any obligations of the Company under these Terms of Use, and, the Company shall have no liability of any nature to User for any such modifications, interruptions, unavailability, or failure of access. In the event the User experiences a material interruption or is unable to access content, please contact Company at: help@artkiveapp.com
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.
User represents, warrants, and covenants the following: (a) User shall not use its account to breach the security or gain access to the account of any other User and (b) These Terms of Use, upon use of the Services, will be valid, binding and enforceable in accordance with its terms with respect to User.
User understands that the tools, processes, strategies, materials and information presented within the Services are copyrighted and proprietary, so User agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without express written permission. Any information provided by the Company to User, or information used by User to access the Services, including without limitation, any user identification or password to the Website or App, (collectively “Confidential Information”) shall be maintained by User as confidential and available exclusively for User as provided in these Terms of Use. User shall not disclose any Confidential Information to anyone, except as ordered by a court of competent jurisdiction or as otherwise required by law. User shall not disclose any Confidential Information pursuant to a court order or as required by law until User has given the Company ten (10) days prior written notice and an opportunity to oppose such disclosure. Notwithstanding the foregoing, User may disclose User Content originally submitted by User.
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.
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.
These Terms of Use shall be governed by and construed in accordance with the laws of the state of California and User voluntarily submits and consents to, and waive any defense to the jurisdiction of courts located in Los Angeles County, state of California, as to all matters relating to or arising from these Terms of Use. The Company and User agree that a breach or violation of Sections 3, 4, 7, 11 and 12 of these Terms of Use will result in immediate and irreparable injury and harm to the Company, where, in addition to any and all remedies of law and other consequences under these Terms of Use, Company shall have the right to an injunction, specific performance or other equitable relief to prevent the violation of the obligation under these Terms of Use. The waiver by either party of, or the failure of either party to take action with respect to, any breach of any term, covenant or condition contained in these Terms of Use shall not be deemed to be a waiver of such term, covenant or condition, or subsequent breach of the same, or any other term, covenant or condition contained in these Terms of Use. If any action is brought by either party against the other party regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney's fees, costs, and expenses of litigation. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate or make unenforceable any other provision of these Terms of Use. The provisions of Sections 4 and 7-18 of these Terms of Use shall survive the termination of these Terms of Use.
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