Terms
of Use

ArtUP is an art and technology company that creates experiences and products connecting personal memories, photographs, experiences and communities with original artwork and other creative products.

Depending on the program or offering, the Services may allow users to:

• submit photographs, images, stories or other creative material;
• participate in community or campus art initiatives;
• view and vote on submitted content;
• commission or purchase original artwork;
• purchase reproductions, prints or other products;
• communicate with ArtUP regarding artwork creation;
• participate in promotions, competitions or special programs; and
• use other digital tools made available by ArtUP.

Certain programs may be governed by additional rules or terms. If additional terms conflict with these Terms, the program-specific terms will apply to that program.

You must have the legal capacity to enter into a binding agreement to use the Services.

If you have not reached the age of majority in your province, state or country of residence, you may use the Services only with the involvement and consent of a parent or legal guardian.

ArtUP may establish additional eligibility requirements for particular programs, promotions, competitions, university initiatives or other offerings.

Some features may require you to create an account.

You agree to provide accurate and current information and to keep your account credentials confidential. You are responsible for activity conducted through your account unless unauthorized access results from circumstances outside your reasonable control.

You must notify ArtUP promptly if you believe your account has been compromised.

We may suspend or terminate accounts that violate these Terms, interfere with the Services or are used for unlawful or fraudulent activity.

The Services may allow you to upload or submit photographs, images, text, stories, names, artwork, designs, comments or other material (“User Content”).

You retain ownership of any rights you already hold in your User Content.

By submitting User Content to ArtUP, you grant ArtUP a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, modify, crop, resize and otherwise use that User Content as reasonably necessary to provide the Services you have requested.

This may include using User Content to:

• administer an ArtUP program;
• display submissions for voting or selection;
• communicate with you;
• create concepts, mockups or artwork;
• produce an artwork or product ordered by you;
• fulfill and deliver purchases; and
• maintain reasonable administrative and archival records.

Public submissions

If you knowingly submit content to a public competition, voting gallery, university campaign or similar public-facing ArtUP program, you also authorize ArtUP to display and reproduce that content in connection with the administration and promotion of that specific program and related ArtUP communications.

ArtUP will not obtain ownership of your original photograph or other User Content merely because you submit it through the Services.

You represent that you have all rights and permissions necessary to submit the User Content and allow ArtUP to use it as described in these Terms.

You must not submit content that:

• infringes copyright, trademark, privacy, publicity or other rights;
• contains material you do not have permission to use;
• is defamatory, threatening or unlawful;
• contains malicious software or harmful code;
• is deliberately misleading or fraudulent;
• exploits or endangers another person;
• contains unlawful sexually explicit material; or
• otherwise violates applicable law.

If identifiable individuals appear in material you submit, you are responsible for obtaining any permissions reasonably necessary for the intended use of that material.

ArtUP may remove or refuse content that it reasonably believes violates these Terms or applicable law.

Some ArtUP programs may allow participants or members of a community to vote for submitted images, concepts or artwork.

Voting results may form only one component of the final selection process unless the applicable program rules expressly state otherwise.

ArtUP may take reasonable measures to detect duplicate, automated, manipulated or fraudulent voting and may remove votes or submissions that compromise the integrity of a program.

ArtUP does not guarantee that any submission will be selected, transformed into artwork or offered for sale.

Where ArtUP creates or commissions artwork based on photographs, experiences, stories or other source material, you acknowledge that the resulting work may involve artistic interpretation.

Concept images, digital previews, mockups and screen representations are illustrative. The appearance of a finished physical artwork may vary as a result of artistic technique, materials, production methods, texture, scale, lighting, photography and differences between computer displays.

Unless expressly agreed otherwise in writing, such reasonable artistic and production variations do not constitute defects.

Purchasing a physical artwork does not automatically transfer copyright or other intellectual-property rights associated with that artwork.

Unless ArtUP expressly agrees otherwise in writing, the artist, ArtUP or another applicable rights holder retains the intellectual-property rights associated with the artwork.

Ownership of the physical artwork and ownership of copyright are separate rights.

You may display and enjoy artwork you purchase for ordinary personal purposes, but you may not reproduce, commercially exploit, tokenize, manufacture copies of, license or create commercial derivative products from the artwork unless you have received the necessary permission from the applicable rights holder.

Where different intellectual-property rights are provided as part of a specific ArtUP product, those rights will be described in the applicable purchase agreement or product terms.

The ArtUP name, logos, trademarks, website design, graphics, software, interfaces, text, original promotional materials and other ArtUP-owned content are protected by applicable intellectual-property laws.

Except as permitted by law or expressly authorized by ArtUP, you may not copy, reproduce, distribute, modify, sell, license or commercially exploit ArtUP content.

Prices, product descriptions and availability may change from time to time.

When you place an order, you agree to provide accurate billing, payment and delivery information.

An order is not necessarily accepted merely because it has been submitted. ArtUP may decline or cancel an order where reasonably necessary, including because of:

• incorrect pricing;
• product unavailability;
• payment failure;
• suspected fraud;
• inability to complete a requested commission; or
• an error in the product description.

If ArtUP cancels an order after payment has been collected, the applicable payment will be refunded.

Custom, commissioned or personalized artwork is created specifically for an individual customer and may not be suitable for resale.

Accordingly, customized products may be subject to different cancellation, refund and return conditions than standard products.

Where permitted by applicable law, customized or commissioned artwork may be designated as final sale once production has commenced.

Any specific cancellation or approval terms presented to you before purchase will form part of your agreement with ArtUP.

Nothing in these Terms limits consumer rights that cannot legally be waived.

You agree to pay all charges associated with your purchase.

Applicable taxes, shipping costs and other charges will be identified during the purchase process where reasonably practicable.

The currency in which a transaction is processed will be displayed during checkout or otherwise communicated before the purchase is completed.

Third-party payment processors may process payments on ArtUP’s behalf. Your use of their services may also be governed by their terms and privacy practices.

Delivery dates are estimates unless ArtUP expressly guarantees a specific delivery date in writing.

Shipping delays may occur because of carriers, customs processing, weather, production requirements, border procedures or other circumstances outside ArtUP’s reasonable control.

Customers are responsible for providing accurate delivery information.

Additional terms may apply to international deliveries, including customs requirements, duties, taxes and import charges.

Contests, giveaways, voting campaigns, student programs and other promotions may be governed by separate official rules.

Participation in such a program constitutes acceptance of those rules.

Where separate program rules are provided, they will govern matters specifically addressed by those rules.

You may not use the Services to:

• violate applicable law;
• infringe another person’s rights;
• gain unauthorized access to ArtUP systems;
• interfere with website security;
• introduce malware or malicious code;
• scrape or systematically extract content without authorization;
• manipulate voting or participation systems;
• impersonate another individual or organization;
• conduct fraudulent transactions;
• misuse another person’s account; or
• use ArtUP content or systems to create a competing commercial service through unauthorized copying.

The Services may contain links to or integrate with services operated by third parties, including payment providers, social-media platforms, shipping providers and other technology services.

ArtUP does not control third-party services and is not responsible for their independent content, availability, security or privacy practices.

Your use of a third-party service may be governed by separate terms between you and that provider.

ArtUP’s collection, use and handling of personal information is governed by the ArtUP Privacy Policy.

By using the Services, you acknowledge that personal information will be processed as described in that policy.

ArtUP may modify, suspend or discontinue portions of the Services from time to time.

We do not guarantee that the website or Services will operate without interruption or error at all times.

ArtUP may perform maintenance, update technology, change functionality or modify offerings where reasonably necessary.

To the extent permitted by applicable law, the Services are provided on an “as available” basis.

ArtUP does not guarantee that:

• every submission will be accepted;
• every user will be selected for a program;
• voting results will lead to production of artwork;
• artwork will increase in financial value;
• artwork will have any particular resale value;
• participation will produce any financial return; or
• the Services will always operate without interruption.

Nothing on the ArtUP website should be interpreted as financial, investment, tax or legal advice.

To the maximum extent permitted by applicable law, ArtUP and its directors, officers, employees, contractors, artists and service providers will not be liable for indirect, incidental, special, consequential or punitive damages arising from your use of the Services.

Where liability cannot legally be excluded, ArtUP’s liability will be limited only to the extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limits statutory consumer rights that cannot be waived.

To the extent permitted by law, you agree to indemnify and hold ArtUP harmless from claims, losses, liabilities and reasonable costs arising from:

• User Content you submit;
• your infringement of another person’s rights;
• your violation of these Terms; or
• your unlawful or fraudulent use of the Services.

This provision does not apply to the extent a claim results from ArtUP’s own unlawful conduct.

ArtUP may suspend or terminate access to the Services where a user materially violates these Terms, threatens the security or integrity of the Services, infringes another person’s rights or engages in unlawful or fraudulent conduct.

Termination does not affect rights or obligations that arose before termination.

Provisions that by their nature should continue after termination, including intellectual-property provisions and limitations of liability, will remain in effect.

ArtUP may update these Terms from time to time.

The updated version will be posted on the website with a revised “Last Updated” date.

Where a change materially affects existing users or transactions, ArtUP may provide additional notice where appropriate or required by law.

Your continued use of the Services following the effective date of updated Terms constitutes acceptance of the revised Terms, subject to applicable law.

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Subject to any mandatory consumer protections or other jurisdictional rights that apply to you, disputes relating to these Terms or the Services will be submitted to the courts of competent jurisdiction in Ontario, Canada.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in effect to the fullest extent permitted by law.

A failure by ArtUP to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

These Terms, together with the ArtUP Privacy Policy, applicable purchase terms and any program-specific rules, constitute the agreement between you and ArtUP regarding use of the Services.

Questions regarding these Terms may be directed to:

ArtUP

ArtUp Life Inc.

Ontario, Canada

Email: info@artup.life