Terms of Service

1. Acceptance of Terms.

Welcome to Artamata, Inc. ("Artamata"). Artamata provides its service to you subject to the following Terms and Conditions of Use ("Terms"). By accessing this site on the Internet or World Wide Web and using this site, you are agreeing to comply with and be bound by the Terms. In addition, when using particular Artamata services, you are subject to any posted guidelines or rules applicable to such services. All such guidelines and rules applicable to such services are hereby incorporated by reference in the Terms. We may refuse any or all of our services to anyone at any time, in our sole discretion. You must be at least 18 years of age to use the Artamata service. If your parent or guardian has any concerns, please feel free to contact us via email at customerservice@artamata.

2. Use of Site.

2.1 Proprietary Rights.
The Artamata website ("Site") contains or may contain information, text, photographs, designs, graphics, images, sound and video recordings, animation and other materials and effects (including logos) that are protected by copyrights, trademarks, service marks, trade dress or other intellectual or proprietary rights owned by Artamata or other third parties (the "Content"). You acknowledge and agree that these rights belong to their respective owners and are protected in all forms, media and technologies existing now or hereinafter developed. Artamata and other Artamata logos and product and service names are trademarks of Artamata (the "Artamata Marks"). Without Artamata's written permission, you agree not to display or use in any manner, the Artamata Marks.

2.2 No Framing.
You agree not to "frame" or "mirror" any Content or third party content contained on or accessible from this site on any other server or Internet-based device without the advance written authorization of Artamata or its licensors or Licensees, respectively.

2.3 Online Conduct.
Your use of the Site is subject to applicable local, state, federal and International law. You agree not to use the Site or any of the Content for any illegal purpose, or to transmit to or through the Site any illegal, harmful, threatening, defamatory, obscene, hateful or other objectionable material of any kind, or to interfere with, abuse or otherwise violate the legal rights of any third party using the Site (including by using any merchandise or the Services offered on or in connection with the Site). By way of example only, and not as a limitation, you specifically agree not to:

(a) upload, post, e-mail, or otherwise transmit any material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) impersonate a

ny person or entity, including, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service;

(e) upload, post, e-mail or otherwise transmit any material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(f) upload, post, e-mail or otherwise transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

(g) upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

(i) intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.

2.4 Use of Content.
Artamata grants permission to access and view the Site and to electronically create products for the sole purpose of submitting an order. Any other use of the Site or the Content, in whole or in part, without permission of the applicable rights holder is strictly prohibited, including without limitation: modification, republication, deletion, transmission, public performance, distribution, proxy caching, uploading, posting, reproduction for purposes other than those noted above, or other similar unauthorized exploitation of the Site or the Content. Without limiting the foregoing, unauthorized use of the Content is illegal and could subject you to criminal prosecution as well as personal liability for damages in a civil suit.

3. Third Party Links, Products and Services.
Our products and services may be made available to you through the use of third party web sites. If you accessed the Artamata web \site through a link from a third-party site or if the Artamata web site provides links to any third-party sites, you agree that we have no control over the content on such sites AND YOU AGREE THAT WE ARE NOT LIABLE FOR THE PRODUCTS AND/OR SERVICES OFFERED ON SUCH SITES. WE ARE NOT RESPONSIBLE FOR AND DO NOT OFFER ANY WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, RELIABILITY OR ANY OTHER ASPECTS OF PRODUCTS OR SERVICES FROM THIRD PARTY COMPANIES. YOU RELEASE US FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US ARISING FROM YOUR USE OF PRODUCTS OR SERVICES FROM THIRD PARTY COMPANIES.

4. Scanned Data.

4.1 Copyright Policy, Representation and Indemnity.
It is illegal to reproduce or distribute copyrighted material without the permission of the copyright owner. The copyright owner in most cases is the author of a work. By uploading scanned data, whether pictures, art work, text or other data types, including audio, video and multimedia, to the Artamata web site and/or by submitting scanned data for integration into any product of Artamata or its licensees for processing, sharing, storage or fulfillment: (i) you grant us a limited, royalty free and non-exclusive license to use, adapt, transmit, transfer, store, copy and display the scanned data solely in connection with our providing products and/or services to you; and (ii) you represent and warrant to us that you have all right, title and interest in and to all copyrights in the scanned data, or the express permission to copy and use such scanned data for all purposes related to the Artamata, and that the scanned data do not violate or infringe upon the rights (including privacy, moral or publicity rights) of others. You agree to indemnify us and hold us (and our suppliers and fulfillers) harmless from and against any and all losses, damages, costs or expenses, including reasonable attorneys' fees, arising out of your breach of the foregoing representation and warranty or arising out of any claim by a third party that the scanned data (or the use thereof) constitutes an infringement or other violation of such third party's copyright, intellectual property rights or other rights. Your obligation to indemnify and hold us harmless shall survive any expiration and termination of these Terms.

4.2 Scanned Data Content Policy and Acknowledgement.
You may not upload to Artamata any material that is unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or offensive to the community or to any reasonable segment thereof. The content of the scanned data you submit is governed by applicable laws (including laws which prohibit copyright infringement, obscenity, pornography, child pornography, or child abuse). We have no obligation to monitor the scanned data. However, we (and our licensees, suppliers and fulfillers) reserve the right at all times to review the scanned data, to disclose the scanned data as necessary to satisfy any laws, regulations or government requests and to report any potential violations of law to law enforcement authorities, to refuse to post or transmit the scanned data, to remove the scanned data, and to refuse to perform any orders for processing or fulfillment for scanned data, that are, in our sole judgment and discretion, (or in the sole judgment and discretion of our suppliers or fulfillers), objectionable or in violation of these Terms.

5. Limitation and Disclaimer of Warranties; Limitation of Liability.

You agree that any damage to or loss of a card by us (or by our licensee, suppliers or fulfillers), even through negligence or other fault, will only entitle you to a refund or credit, at our option, of the purchase price for the card. You must submit a claim for refund or credit within thirty (30) days of the damage or loss. Except for such refund or credit, the products and/or services provided to you by us (or by our licensors, suppliers or fulfillers), are without any warranty or liability of any kind, whether express, implied, statutory or otherwise. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (I) ALL OTHER WARRANTIES (INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABLITY AND NON-INFRINGEMENT) ARE EXPRESSLY DISCLAIMED; (II) WE MAKE NO WARRANTY THAT THE Artamata WEB SITE OR THE PRODUCTS AND SERVICES AVAILABLE AT THE WEB SITE, WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, OR THAT THIS WEB SITE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) UNDER NO CIRCUMSTANCES SHALL WE (OR OUR LICENSEES, SUPPLIERS OR FULFILLERS) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF WE, OR OUR LICENSEES, SUPPLIERS OR FULFILLERS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF THE PROCESSING, STORAGE OR FULFILLMENT OF ANY MATERIAL , CARD OR SCANNED DATA, THE INABILITY TO USE THE Artamata WEB SITE, ANY CHANGES TO THE Artamata WEB SITE (OR ITS PRODUCTS AND/OR SERVICES), OR THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.

6. Termination of Membership.

We reserve the right to terminate your membership in Artamata if you violate any of these Terms or if your account has been inactive for more than one year. Upon termination of this Agreement or of your membership, we will remove your scanned or other data from the Artamata web site. We will have no obligation to return to you your scanned data. The disclaimers and limitations of liabilities set forth in these Terms shall survive any such termination.

7. Our Copyrights and Trademarks.

All of the information, content, software, trademarks and materials appearing, contained or offered on or through our Artamata web site are protected by trademark, copyright and other applicable laws. You may not use, copy, distribute or reproduce such information, content, software, trademarks or materials without our prior written consent.

8. Privacy and Security.

We will protect and use information provided by you as set forth in the Privacy Policy posted on this web site. You agree not to violate or attempt to violate the security of the Site, including without limitation, (a) accessing data that is not intended for your use; (b) logging on to a server or account that you are not authorized to access; (c) probing, scanning or testing the vulnerability of any system or network related in any way to the Site without proper authorization; (d) breaching security or authentication measures without proper authorization; (e) interfering with service to any host, network, other user, including without limitation, sending unsolicited e-mail, flooding, spamming, mail bombing, or crashing; (f) sending promotions and/or advertising products and/or services; or (g) attempting to do any of the preceding

9. Applicable Law.

This site is controlled by Artamata from its offices within the State of California, United States of America . Since it can be accessed from all 50 states, as well as from other countries around the world, and each of these places has laws that may differ from those of California, by accessing the Site both you and Artamata agree that the statutes and laws of the state of California, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of the site and its contents. Artamata makes no representation that the Contents are appropriate or will be available for use in other locations. If you use this Site from outside the United States of America , you are entirely responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries in relation to the Content and the third party content. Unless otherwise explicitly stated, all marketing or promotional materials found on this site are solely directed to individuals, companies or other entities located in the United States . You and Artamata further agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of Santa Barbara County and the United States District Court for the Southern District of California with respect to any matters relating to the Services, the use of the Site and its Contents, or any transactions arising there from. Any action brought by you hereunder must be brought, if at all, within one (1) year from the accrual of such cause of action.

10. Return Address and Costs.

Artamata(tm) will automatically print a return address on every greeting card that you print and mail using the Artamata(tm) website. The default return address is the address supplied to us by you for your profile. All costs and taxes are quoted in U.S. dollars. You must pay all applicable taxes on purchases made on our website. We may in our sole discretion add, delete or change some or all of the prices of our products and services at any time without notice.

11. Your Copyrights.

Artamata respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this site or our services, please contact our agent for notice of claims of copyright infringement, our CEO, who can be reached at bizdev@Artamata.com, or at Artamata, Inc., 447 S. Robertson Blvd., Beverly Hills, CA 90211. You must provide our agent with the following information, which Artamata may then forward to the alleged infringer:

  • Describe the copyrighted work that you believe has been infringed;
  • Identify the material on Artamata's site or other medium that you believe infringes your work, with enough detail so that we may locate it;
  • Provide your address, telephone number, and email address;
  • Provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Declare under penalty of perjury that the information you have provided to us is accurate, and you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner;
  • Provide your physical or electronic signature.

Upon receiving your complaint, Artamata may remove content that you believe infringes your copyright. In addition, Artamata may terminate the account of the member who appears to be infringing your intellectual property rights.

Miscellaneous.

For purposes of these Terms, "you" and "your" shall mean you and "we", "us," and "our" means Artamata Inc. and its affiliates and subsidiaries. Title and risk of loss for products purchased by you through the Artamata web site passes to you upon delivery of the products to our carrier or our licensees carrier for shipment to you. We may assign our rights and responsibilities hereunder without notice to you. If any part of these Terms are held invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect. We reserve the right to amend or modify these Terms or impose new conditions at any time. Such amendments and modifications will be effective immediately upon giving you notice by any means including, but not limited to, posting on Artamata web site. These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supercede all other communications, written or oral, with regard to the Service.
If any provision of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Artamata to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Artamata in writing. The Terms comprises the entire agreement between you and Artamata and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein. Your use of the Site, however, is subject to the additional disclaimers and caveats that may appear throughout the Site. If you violate these Terms, Artamata reserves the right to terminate Service to you without notice. Your sole recourse and remedy is to receive a refund for prepaid but unused Services, if applicable.


Web Master: webmaster@artamata.com