TERMS AND CONDITIONS

TERMS OF USE 

Last updated: November 12, 2024

 

AGREEMENT TO OUR LEGAL TERMS

 We, Elliston Fine Art (“Company”, “we”, “us”, “our”), operate the Fine Art Foundry app, along with related products and services that refer or link to these legal terms (collectively, the “Services”). You can contact us at info@fineartfoundry.app or by mail at PO Box 250043, Atlanta, GA 30325.

 

These Legal Terms form a binding agreement between you, either as an individual or on behalf of an entity (“you”), and Elliston Fine Art regarding your access to and use of the Services. By accessing the Services, you confirm that you have read, understood, and agree to comply with these Legal Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE USING THE SERVICES.

 

Additional terms or documents may be posted on the Services and are incorporated herein by reference. We may revise these Legal Terms at any time, and any updates will be reflected by the “Last updated” date. You waive the right to specific notice of these changes, and it is your responsibility to review these terms periodically. Continued use of the Services indicates your acceptance of the revised terms.

 

It is advisable to keep a copy of these Legal Terms for future reference.

 

OUR SERVICES

The information provided through the Services is not intended for use by individuals or entities in jurisdictions where such distribution would be illegal or require registration. Accessing the Services from other locations is at your own risk, and you are responsible for complying with local laws.

 

SUBSCRIPTION

The Services include an auto-renewable subscription that provides users with an ad-free experience at an annual fee of $19.95. Users may initiate the subscription by confirming their purchase through their iTunes Account.

 

Upon confirmation of the purchase, payment will be charged to the user’s iTunes Account. The subscription will automatically renew unless the user disables the auto-renewal feature at least 24 hours prior to the conclusion of the current subscription period. The user’s account will be charged for renewal within 24 hours prior to the end of the current period, and notification of the renewal cost will be provided at that time.

Users may manage their subscriptions, and the auto-renewal option may be disabled by accessing the Order History from the Manage Subscription link in the Subscriptions screen.

By subscribing to the Services, users acknowledge and agree to the terms set forth herein. Users who do not agree to these terms may refrain from subscribing.

 

INTELLECTUAL PROPERTY RIGHTS

We own or license all intellectual property associated with the Services, including code, databases, functionality, software, design, audio, video, text, photos, and graphics (“Content”), as well as trademarks, service marks, and logos (“Marks”). These are protected by intellectual property laws worldwide.

 

You are granted a limited, non-transferable, revocable license to access and use the Services and Content solely for personal, non-commercial use or internal business purposes. Reproducing or exploiting the Content and Marks for commercial purposes is prohibited without our explicit permission. If you wish to use the Content or Marks in ways not permitted, contact us at info@fineartfoundry.app.

 

We retain all rights not explicitly granted in these Legal Terms, and any breach of these rights may result in immediate termination of your access to the Services.

 

USER REPRESENTATIONS

By using the Services, you confirm that you have the legal capacity to agree to these terms, are not a minor, and will not access the Services through automated means. You also agree that your use of the Services will be lawful and compliant with all applicable regulations.

 

If you provide inaccurate or incomplete information, we may suspend or terminate your account.

 

PROHIBITED ACTIVITIES 

You agree not to engage in activities such as unauthorized data retrieval, misleading others, bypassing security features, or using the Services for illegal purposes. These include actions like uploading harmful material, impersonating others, or engaging in unauthorized commercial use. We reserve the right to take legal action for violations of these rules.

 

USER-GENERATED CONTRIBUTIONS

The Services do not allow users to post content publicly, but you may be given the opportunity to submit materials, including text, images, and feedback (“Contributions”). You represent that your Contributions are your original work, and you retain ownership of them. However, by submitting Contributions, you grant us the right to use them for any lawful purpose. You are responsible for your Contributions, and we disclaim liability for any statements made within them.

 

SERVICES MANAGEMENT

We reserve the right to monitor, restrict, or remove content that violates these terms. We may also limit access to the Services or take legal action if necessary.

 

TERM AND TERMINATION

These terms remain in effect while you use the Services. We reserve the right to deny access to the Services at our discretion for violations of these terms or applicable laws. Terminated users are prohibited from creating new accounts.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify or discontinue the Services at any time without notice. We are not liable for any issues related to accessing the Services, including downtime or service interruptions.

 

GOVERNING LAW

These Legal Terms are governed by the laws of the State of Georgia, with Fulton County courts having exclusive jurisdiction over disputes.

 

DISPUTE RESOLUTION

If a dispute arises, the parties agree to first attempt to resolve it informally. If unresolved, disputes will be referred to binding arbitration with the American Arbitration Association, except in cases involving intellectual property or claims for injunctive relief.

 

CORRECTIONS

We reserve the right to correct errors, inaccuracies, or omissions in the Services without prior notice.

 

DISCLAIMER

The Services are provided “as is,” and we disclaim all warranties. We do not guarantee the accuracy or completeness of the Services’ content and are not liable for damages resulting from your use of the Services.

 

LIMITATIONS OF LIABILITY

We will not be liable for any damages resulting from the use of the Services, even if advised of the possibility of such damages.

 

INDEMNIFICATION

You agree to indemnify us against any losses or liabilities arising from your use of the Services, breach of these terms, or violation of third-party rights.

 

USER DATA

We maintain certain data related to your use of the Services, but we are not liable for any loss or corruption of data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

By using the Services, you consent to receiving electronic communications and agree that electronic signatures are valid.

 

MISCELLANEOUS

These terms constitute the entire agreement between you and us. We reserve the right to assign our rights and obligations to others. If any provision of these terms is deemed unenforceable, the remaining provisions remain in effect.

 

CONTACT US

For complaints or further information, please contact us at info@fineartfoundry.app.