Terms of Use
Last Updated: July 16, 2025
Welcome to Artnativ, located at www.artnativ.com (the “Website”). These Terms of Use (“Terms”) govern your access to and use of the Website, including any content, services, or products offered through it. By accessing or using the Website, you agree to be bound by these Terms, which form a legally binding agreement between you (“User,” “you,” or “your”) and Artnativ (“we,” “us,” or “our”). If you do not agree with these Terms, please do not use the Website.
1. About Artnativ
Artnativ is an online platform that connects artists and art buyers, offering a marketplace for discovering, showcasing, and purchasing original artwork. The Website may include features such as browsing art collections, purchasing artwork, and interacting with artists or other users.
2. Eligibility
To use the Website, you must:
- Be at least 18 years of age or the legal age of majority in your jurisdiction.
- Have the legal authority to enter into these Terms.
- Not be prohibited from using the Website under any applicable laws or regulations.
3. Acceptance of Terms
By accessing or using the Website, including browsing, creating an account, or making a purchase, you confirm that you have read, understood, and agree to be bound by these Terms. We recommend using a clickwrap agreement (e.g., checking a box to agree) during account creation or checkout to ensure enforceability.
4. Permitted Use
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes, subject to these Terms. You may:
- Browse and view artwork for personal use.
- Purchase artwork as offered through the Website.
- Share content as permitted (e.g., for personal mood boards or non-commercial sharing with friends).
5. Prohibited Use
You agree not to:
- Use the Website for any illegal or unauthorized purpose, including violating copyright, trademark, or other intellectual property laws.
- Copy, reproduce, distribute, or create derivative works of any content (e.g., artwork, images, or text) without prior written permission from Artnativ or the respective artist.
- Attempt to reverse engineer, hack, or interfere with the Website’s functionality or security.
- Post or transmit any content that is unlawful, defamatory, harassing, or otherwise objectionable.
- Use the Website to solicit others for commercial purposes or to create a competing platform.
6. Intellectual Property
All content on the Website, including artwork, images, designs, logos, and text, is owned by Artnativ, its licensors, or the respective artists and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or use any content for commercial purposes without express written consent. Users may download or share content for personal, non-commercial use (e.g., saving images for personal reference), provided such use complies with these Terms.
7. E-Commerce Transactions
If you purchase artwork or other products through the Website:
- You agree to provide accurate payment and shipping information.
- Prices are listed on the Website and are subject to change without notice. Additional fees, such as taxes or shipping costs, will be disclosed at checkout.
- All purchases are subject to our return and refund policy, available on the Website.
- You enter a legally binding contract to purchase an item upon completing the checkout process.
- Artnativ reserves the right to refuse or cancel orders due to stock unavailability, pricing errors, or suspected fraud.
8. User-Generated Content
If the Website allows users to post reviews, comments, or other content:
- You grant Artnativ a non-exclusive, royalty-free, worldwide license to use, display, and reproduce such content for promotional or operational purposes.
- You are responsible for ensuring your content does not infringe on third-party rights or violate applicable laws.
- Artnativ reserves the right to remove or moderate content that violates these Terms.
9. Limitation of Liability
To the fullest extent permitted by law, Artnativ and its officers, employees, or agents will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Website, including but not limited to:
- Loss of data, profits, or business opportunities.
- Errors, inaccuracies, or interruptions in Website functionality.
- Issues arising from artwork purchased, such as defects or dissatisfaction (subject to our return policy). Artnativ is not responsible for third-party content or services linked from the Website. You use the Website at your own risk.
10. Disclaimer of Warranties
The Website and its content are provided “as is” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. Artnativ does not guarantee the accuracy, completeness, or availability of the Website or its services.
11. Service Disruptions
Artnativ may perform maintenance or experience unexpected disruptions. We will strive to notify users of planned disruptions but are not liable for any losses caused by Website unavailability.
12. Termination
Artnativ reserves the right to terminate or suspend your access to the Website at any time, without notice, for violating these Terms or for any other reason. Upon termination, your right to access the Website will cease, and you must destroy any downloaded materials in your possession.
13. Governing Law
These Terms are governed by the laws of Canada, without regard to its conflict of law principles. Any disputes arising from these Terms will be resolved through binding arbitration in Canada, in accordance with the rules of the American Arbitration Association.
14. Changes to Terms
Artnativ may update these Terms at any time. We will notify users of significant changes via the Website or email. Continued use of the Website after changes constitutes acceptance of the updated Terms.
15. Contact Information
For questions or concerns about these Terms, please contact us at:
- Email: legal@artnativ.com
- Address: Edmonton, AB, Canada
By using the Website, you acknowledge that you have read and agree to these Terms. For legal advice specific to your situation, consult a licensed attorney.
Email: privacy@artnativ.art
Website: www.artnativ.com