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Art While Apart

Terms of Service

Please take a few moments to read our Terms of Service before you access or use the services.

INTRODUCTION

These Terms of Service (ToS) contain legal terms and conditions that govern the use of services provided to you by Art While Apart, also referred to in these ToS as "we,”, “our,”, and "us.”.

By using our services, you agree to be bound by Section I: General Terms, which contains provisions applicable to all users requesting art, including visitors to the Art While Apart website and social media.

If you choose to apply as a team member of Art While Apart, you agree to be bound by additional terms set out in Section II of the ToS.


Section I: General Terms


  1. Project Overview

Art While Apart is a collaborative effort between digital artists. We connect pet owners with digital artists to deliver a pet portrait. Moreover, we collaborate with animal rescue services to promote their animals for adoption through pet portraits. The service provided by Art While Apart is on an “as available” basis. We reserve the right to modify, suspend, or discontinue the service at any time and without notice. Furthermore, every submission  gets reviewed and we reserve the right to refuse requests based on our discretion.You agree that Art While Apart is and will not be liable for any modification, suspension, or discontinuance of the service.


  1. Creative Visions

Art While Apart consists of intermediate level artists with varying digital art styles. Artists are free in their creative expression. You agree to accept the artist’s creative vision. We ensure that animals from rescue organizations are portrayed in a positive light.


  1. Delivery, Distribution, and Use

The artworks are made free of charge for personal use only. The artists themselves own the rights to their artwork, Art While Apart does not claim any legal nor unique right to the artist and their art. The works are provided digitally by e-mail only.

You may not reproduce, distribute, publicly display, or prepare derivative works based on any of the artwork without accordingly crediting the appropriate owner and/or the express written consent of the appropriate owner.


  1. Timeline

Art While Apart works on a voluntary basis and does not hold strict deadlines on artwork. There is a queue in place with priority given to team members of Art While Apart.


  1. Donations

Art While Apart maintains equal opportunities for artists and does their best effort to provide a donation link for the artist responsible for a given artwork. Art While Apart will display our own donation link only after agreement of the artist. Donations to Art While Apart are used directly for the maintenance of the services.


  1. Copyright and Grant of Rights

The artist is the owner of their copyright and holds the rights of authorship on their intellectual property. You are allowed to use the artwork for private personal use, which can include printing the artwork to display in your home.

The artist holds the right to use their artwork in their portfolio and other self-promotion. You cannot claim different authorship of their intellectual property.

When submitting the Digital Pet Portrait Request form, you agree and warrant that you will have sufficient rights to upload the materials, and that you will not upload any material protected by copyright or other intellectual property rights without the express permission of the rights holder. You are solely liable for any damages resulted from uploading materials in the Digital Pet Portrait Request form of which you have not acquired express permission from the respective rights holder. You will indemnify Art While Apart when third parties assert legally binding claims against us due to violation of their intellectual property rights on the uploaded materials.

By uploading the materials you expressly grant, or warrant that Art While Apart and our artists have been expressly granted, a non-exclusive,  royalty-free, irrevocable worldwide license to use, reproduce, display online in any present or future media, to make derivative works out of the materials and to reproduce and display online the derivative works on websites, communications and other (future) media.


  1. Conditions

You accept the artist’s creative vision. Art While Apart does not provide any revisions or resubmissions of the same pet. Any request of modifications to the artwork has to be agreed upon by the artist, only by them, and is done purely out of their own goodwill. You are not allowed to modify their intellectual property without the express written consent of the artist.


  1. Disclaimer

Art While Apart is not liable for any damages that arise from the use of our services, including, but not limited, to waiting time incurred by long queues. Art While Apart makes no representations or warranties of any kind to the operation of the services.


  1. Privacy

Art While Apart makes their best efforts to safeguard your privacy. Our Privacy Policy.


  1. Trademarks

All brand, product, and service names used in these services associated with Art While Apart, or third parties and their products and services, are proprietary marks of Art While Apart and/or the relevant third parties.


  1. External Links

Art While Apart may provide links to third-party websites or resources. You acknowledge and agree that Art While Apart is not responsible or liable for the availability and accuracy of these websites or resources. Links to third-parties do not imply any endorsement by Art While Apart. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


  1. Third Party Software

As a convenience, Art While apart may make use of third-party software. When using such third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an “as available” basis, without warranty of any kind. In no event shall Art While Apart be liable for claims or damages of any nature, direct or indirect, arising from or related to any third-party software used by Art While Apart.


  1. Conduct

You agree not to interfere with or disrupt the services, or to disobey any policies, requirements, procedures, and regulations connected to the services provided by Art While Apart.


  1. Amendment of the ToS

Art While Apart reserves the right to amend the ToS from time to time in our sole discretion. We shall do our best efforts to notify members of any material changes to the ToS within our internal announcements. For all other users, the revised ToS is posted on the website. You will be deemed to have accepted changes to the ToS if you continue using the services after revisions of the ToS. If you do not agree with the revised ToS, you will have to discontinue using the services.


Section II: Additional Terms


  1. Art While Apart Team

Art While Apart manages a community of digital artists, providing a platform to interact, share, and grow. Art While Apart makes use of third party software, websites, and resources to maintain our community.


  1. Application

Art While Apart has requirements for prospective applicants and reserves the right to modify or suspend these requirements, at any time and without notice. When applying it is required that you acknowledge and agree to the requirements of Art While Apart. Art While Apart has introduced a learning program - Bean program - for applicants who were close to meeting these requirements. We reserve the right to reject any application at our discretion.


  1. Submitting Content

As a member, you will have access to participate in the community’s chat rooms as part of the services. Furthermore, you will have the option to participate in the consultation of Art While Apart and provide pet portraits. There is no required activity as a member; all is on a free and voluntary basis. Pet portraits can range from headshots to full body pieces with background; there is no limit or minimum placed upon the pet portraits. However, the art has to resemble the pet and has to be the same animal / species. Furthermore, copyrights and intellectual properties have to be respected and the content has to be original.


  1. Copyright

Art While Apart does not claim ownership rights on your content. For the sole purpose of enabling us to share your content through our services, you grant Art While Apart a non-exclusive, royalty-free, worldwide license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display your content on our websites, communications and other (future) media.

Although Art While Apart uses their best efforts to respect and teach copyrights, we do not claim liability for members. The ultimate sole responsibility for any copyright claims arising from works lies within the appropriate owner. As a member you represent and warrant Art While Apart that any work you make for our services does not violate or infringe anyone else’s (intellectual property) rights.The determination of  any used materials such as references that are not protected by intellectual property rights, rests with the member.


  1. Monitoring and Conduct

Art While apart uses their best efforts to monitor their brand, services, and third party products and services. You agree to be subject to and conduct yourself in accordance with the house rules. You are responsible for all of the content and material you transmit through our services. Art While Apart reserves the right to modify and delete content.


  1. Privacy and Storage

Art While Apart provides data from pet owners and rescue organizations to their members. As a member, you acknowledge and agree to handling data in accordance with the privacy policy. You are not allowed to save or distribute data outside its intended purpose without express written consent from the data subject.


  1. Suspension and termination of access and participation

You agree that Art While Apart may at any time, and without notice, suspend or terminate any and all parts of our services, or refuse to fulfill any part of a submission or application, or terminate your membership and delete any content, in our sole discretion, if you fail to comply with the ToS or applicable law.