Terms of Service for Customers

Introduction

Welcome to Artpix! These Terms of Service ("Terms") govern your access to and use of the Artpix platform ("Platform"), which is operated by Artpix, Inc. ("Artpix," "we," "us," or "our"). By accessing or using our Platform, you agree to be bound by these Terms, as well as our Privacy Policy and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Platform. Please read these Terms carefully before using our services.

Acceptance of Terms

By accessing or using the Platform, you affirm that you have read, understood, and agree to these Terms. If you do not agree with any part of these Terms, you must not access or use the Platform. Your continued use of the Platform signifies your acceptance of these Terms and any future changes.

Modifications to Terms

Artpix reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform and updating the "Last Updated" date at the top of the Terms. It is your responsibility to review these Terms periodically. Your continued use of the Platform after any such changes constitutes your acceptance of the new Terms.

Scope of Service

Platform Services

Artpix provides an online Platform that facilitates transactions between customers and independent operators ("Operators") who offer events, activities, experiences, and other related products or services ("Operator Services"). The Platform allows you to discover, book, and pay for these Operator Services. Artpix acts solely as a technology provider and intermediary, connecting Users with Operators. We do not provide, own, or control any of the Operator Services listed on our Platform.

Limitations and Restrictions

Artpix does not endorse, guarantee, or assume responsibility for any Operator or Operator Services. We do not act as an agent for either party, except to facilitate payments as described in these Terms. Operators are independent contractors and are not employees or agents of Artpix. Any issues, concerns, or disputes arising from Operator Services must be addressed directly with the relevant Operator.

Third-Party Links and Content

The Platform may integrate with or provide links to third-party services, including payment processors, analytics providers, and social media platforms. Your interactions with these third-party services are governed by their respective terms of use and privacy policies. Artpix is not responsible for the availability, accuracy, or content of such third-party services and does not endorse them. You acknowledge and agree that Artpix is not responsible or liable for any damages or losses caused or alleged to be caused by or in connection with your use of or reliance on any such third-party services. It is your responsibility to review and comply with the applicable terms and policies of any third-party services.

Requirements and Responsibilities

Account Creation and Security

To access certain features of the Platform, such as making a booking, you may be required to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information about yourself as prompted by the registration process.
  • Maintain and promptly update your account information to keep it accurate, current, and complete.
  • Maintain the security and confidentiality of your login credentials and restrict access to your account.
  • Accept responsibility for all activities that occur under your account.

You agree to notify Artpix immediately of any unauthorized use of your account or any other breach of security. Artpix will not be liable for any loss or damage arising from your failure to comply with this obligation.

Eligibility Requirements

By using the Platform, you represent and warrant that you:

  • Are at least 18 years old or of legal age in your jurisdiction.
  • Have the legal capacity and authority to enter into a binding contract.
  • Will use the Platform in accordance with these Terms and all applicable laws.

Artpix reserves the right to suspend or terminate your account and your access to the Platform if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.

User Conduct

You agree to use the Platform only for lawful purposes and in a manner consistent with these Terms and any applicable laws and regulations. You shall not:

  • Use the Platform for any fraudulent or illegal activities.
  • Interfere with or disrupt the integrity or performance of the Platform or any related systems or networks.
  • Attempt to gain unauthorized access to the Platform or its related systems or networks.
  • Use any automated means, including robots, spiders, or data mining tools, to access, monitor, or copy any part of the Platform.
  • Post, upload, or transmit any content that is unlawful, harmful, defamatory, obscene, infringing, or otherwise objectionable.

Booking, Payment, and Fees

Payment Processing

All payments for Operator Services are processed through Artpix's Platform at the time of booking. By providing a payment method, you represent and warrant that you are authorized to use the designated payment method and authorize Artpix or its third-party payment processors to charge your payment method for the total amount of your booking, including any applicable taxes and fees.

Pricing and Availability

Prices for Operator Services are set by Operators and may vary depending on various factors such as date, time, demand, or special events. Artpix does not control or guarantee the availability or pricing of any Operator Services. All bookings are subject to availability, and Operators reserve the right to refuse or cancel any booking at their discretion.

Non-Refundable Booking Fee

A non-refundable booking fee is applied to each transaction processed through the Platform. This fee covers the use of Artpix's Platform and payment processing services. The booking fee is separate from any fees charged by Operators and is not refundable under any circumstances, including cancellations, modifications, or disputes with Operators.

Operator Policies on Cancellations and Refunds

Operators establish their own policies regarding cancellations, modifications, transfers, refunds, and other terms related to their services. These policies will be made available to you during the booking process or in the Operator's listing. It is your responsibility to review and understand an Operator's policies before completing a booking. Artpix is not responsible for enforcing or mediating disputes regarding Operator policies. All requests for cancellations, refunds, or modifications must be directed to the relevant Operator in accordance with their policies.

Currency and Exchange Rates

Transactions on the Platform may be conducted in various currencies, depending on the Operator's settings and your location. If your payment method is denominated in a different currency than the currency displayed during the booking process, your bank or payment provider may apply exchange rates or fees, which are beyond Artpix's control. Artpix is not responsible for any discrepancies arising from currency conversions or exchange rate fluctuations.

Taxes

You acknowledge and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Artpix cannot and does not offer tax-related advice to any Users of the Platform.

Ticketing Policies and Use

Ticket Transferability and Expiration

Operators may specify policies regarding the transferability, resale, expiration, or other use restrictions of tickets purchased on the Platform. It is your responsibility to review and comply with these policies. Artpix does not control or endorse any Operator's ticketing policies. Any disputes or issues related to ticket use, including denied entry, expired tickets, or non-transferable tickets, must be addressed directly with the relevant Operator.

E-Tickets and Vouchers

Upon completion of a booking, you may receive an electronic ticket, voucher, or confirmation ("E-Ticket") via email or through your account on the Platform. It is your responsibility to ensure that you have received the E-Ticket and to present it to the Operator as required. Artpix is not responsible for lost, stolen, or misplaced E-Tickets.

Compliance with Operator Requirements

You agree to comply with all applicable laws, regulations, and Operator requirements regarding your use of Operator Services. This may include age restrictions, dress codes, safety instructions, or other conditions set by the Operator. Failure to comply may result in denied access or additional charges, for which Artpix is not responsible.

Limitations of Artpix's Responsibility

Artpix is not liable for any limitations, restrictions, or conditions related to ticket use as determined by Operators. We do not guarantee the availability, suitability, or quality of any Operator Services. Artpix is not responsible for any injuries, damages, losses, or expenses arising from or related to your participation in any Operator Services.

Privacy and Data Collection

Customer Data Protection

Your privacy is important to us. We collect, use, and store your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference. We adhere to strict data protection standards and collect only the data necessary to provide and improve our Platform services. We will not sell, rent, or share your personal data with third parties for marketing purposes without your explicit consent.

Data Security

We implement appropriate technical and organizational measures to protect your personal data against unauthorized or unlawful processing and against accidental loss, destruction, or damage. However, we cannot guarantee the absolute security of your data transmitted to our Platform, and any transmission is at your own risk.

Cookies and Tracking Technologies

We may use cookies, web beacons, and similar tracking technologies to enhance your experience on the Platform. These technologies help us understand how you interact with the Platform, personalize content, and provide relevant advertising. By using the Platform, you consent to our use of cookies and tracking technologies as described in our Privacy Policy. You may adjust your browser settings to refuse cookies, but some features of the Platform may not function properly without them.

Third-Party Services

The Platform may integrate with or provide links to third-party services, including social media platforms, payment processors, and analytics providers. Your interactions with these third-party services are governed by their respective privacy policies and terms of use. Artpix is not responsible for the privacy practices or content of any third-party services. It is your responsibility to review and comply with the applicable terms and policies of any third-party services.

Intellectual Property Rights

Ownership of Content

Artpix owns and retains all rights, title, and interest in and to the Platform and all intellectual property rights therein, including but not limited to trademarks, service marks, logos, trade names, domain names, copyrights, design rights, and other proprietary rights ("Intellectual Property"). The Content on the Platform, including text, graphics, images, software, and other materials, is protected by copyright and other intellectual property laws.

Limited License

Subject to your compliance with these Terms, Artpix grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your personal, non-commercial use. You agree not to:

  • Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or Intellectual Property obtained from the Platform.
  • Use any meta tags or other hidden text utilizing Artpix's name or trademarks without our express written consent.
  • Use the Platform or any Content for any commercial purpose without our prior written authorization.

User-Generated Content

If you submit, post, or otherwise make available any content on the Platform ("User Content"), including reviews, comments, or feedback, you grant Artpix a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in any media. You represent and warrant that:

  • You own or have the necessary rights and permissions to use and authorize Artpix to use all intellectual property rights in and to your User Content.
  • Your User Content does not infringe upon, misappropriate, or violate any third-party rights, including intellectual property rights, privacy rights, or publicity rights.

Prohibited Content

You agree not to post, upload, or transmit any User Content that:

  • Is unlawful, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, abusive, inflammatory, fraudulent, or otherwise objectionable.
  • Contains viruses, malware, or other harmful code.
  • Violates any applicable laws or regulations.

Artpix reserves the right, but is not obligated, to monitor, edit, or remove any User Content at its sole discretion.

Disclaimers and Limitations of Liability

Limitation of Artpix's Liability

To the maximum extent permitted by applicable law, Artpix and its affiliates, officers, directors, employees, agents, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages, including but not limited to loss of profits, revenue, goodwill, data, or other intangible losses, arising out of or in connection with:

  • Your access to or use of, or inability to access or use, the Platform.
  • Any conduct or content of any third party, including Operators, other Users, or advertisers.
  • Any content obtained from the Platform.
  • Unauthorized access, use, or alteration of your transmissions or content.

To the fullest extent permitted by applicable law, in no event shall Artpix's total liability to you for all damages, losses, and causes of action exceed the amount of the booking fees you paid to Artpix in the twelve (12) months preceding the event giving rise to the claim.

Service Availability and Disclaimer of Warranties

The Platform and all Content are provided on an "as-is" and "as-available" basis without any warranties of any kind, express or implied. Artpix disclaims all warranties, including but not limited to:

  • Warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
  • Warranties arising from course of dealing or usage of trade.
  • Warranties regarding the accuracy, reliability, or completeness of any Content or information provided through the Platform.

Artpix does not warrant that the Platform will be uninterrupted, secure, or error-free, or that any defects will be corrected. We do not guarantee that the Platform or any Content will meet your expectations or requirements.

Indemnification

You agree to indemnify, defend, and hold harmless Artpix and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your use of or access to the Platform.
  • Your violation of these Terms or any applicable laws.
  • Your infringement or violation of any rights of another party, including intellectual property, privacy, or publicity rights.
  • Any User Content you submit, post, or transmit on the Platform.

Termination

We reserve the right, at our sole discretion, to suspend or terminate your account and your access to the Platform at any time, without notice or liability, for any reason, including but not limited to:

  • Your breach of these Terms.
  • Your violation of any applicable laws or regulations.
  • Your misuse of the Platform or interference with its operations.

Upon termination of your account:

  • Your right to access and use the Platform will immediately cease.
  • All licenses and rights granted to you under these Terms will terminate.
  • Any bookings confirmed prior to termination will be honored, subject to these Terms and the Operator's policies.
  • Artpix will have no obligation to retain or provide you with any of your User Content.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution provisions.

Governing Law and Dispute Resolution

Governing Law

These Terms and any disputes arising out of or relating to them or the Platform shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

Dispute Resolution

Any disputes arising from or relating to these Terms or your use of the Platform shall be resolved through binding arbitration conducted in Delaware, in accordance with the rules of the American Arbitration Association. Each party shall bear its own costs and expenses of arbitration, and shall equally share the fees and expenses of the arbitrator unless the arbitrator determines that a different allocation is required by law. The arbitration shall be conducted before a single arbitrator, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

You have the right to opt out of this arbitration agreement by sending a written notice of your decision to opt out to Artpix's address within thirty (30) days of first accepting these Terms. If you opt out of arbitration, all other parts of these Terms will continue to apply to you.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between Artpix and you individually. To the full extent permitted by law, no arbitration or proceeding shall be joined with any other, and there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures.

Severability

If any provision of this Dispute Resolution section is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

Miscellaneous

Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices or additional terms published by Artpix on the Platform, constitute the entire agreement between you and Artpix regarding your use of the Platform and supersede all prior agreements, understandings, or communications, whether written or oral.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Artpix.

Assignment

You may not assign or transfer these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without Artpix's prior written consent. Any attempted assignment or transfer without such consent will be null and void. Artpix may freely assign or transfer these Terms without restriction.

Force Majeure

Artpix shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused by, directly or indirectly, forces beyond its reasonable control, including but not limited to acts of God, natural disasters, wars, terrorism, civil unrest, labor disputes, government actions, failures of third-party service providers (including payment processors and internet service providers), internet failures, or technical failures.

Notices

All notices or other communications required or permitted under these Terms shall be in writing and delivered to Artpix at the contact information provided below. Notices to you may be made via posting on the Platform, by email to the email address associated with your account, or by regular mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Third-Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you and Artpix.

Contact Information

If you have any questions, concerns, or comments about these Terms or the Platform, please contact us by clicking on the Get in Touch button or by mailing us at:

Artpix, Inc.\n254 Chapman Rd Ste 208 #3644\nNewark, Delaware 19702\nUnited States of America

Last Updated: November 5, 2024