Welcome to Artimus Art! We hope that you share our enthusiasm and love of our children's art and hope that you will enjoy our very special and innovative way to save, share, and admire that creativity. Before becoming a member and customer of Artimus Art, please read the term and conditions that apply to using our service. Since each of your child's art is unique, we hope to be clear and concise as to the exact parameters of what type of art we can accept. We will make every attempt to scan and reproduce all that is sent to us; however, sometimes we will not be able to completely accommodate our customers. We have tried to simplify the guidelines for you, but should you have any questions or require further explanation or additional details, please feel free to contact us at info@artimusart.com.

Prior to the creation of your account with Artimus Art (herein referred to as "we", "us", or "Artimus Art"), please read the following Terms and Conditions of Use ("Terms") carefully. These Terms govern your access to and use of the Artimus Art service ("Service"). If you ("you") agree to these Terms, and wish to use the Service, please click on the "Sign Up" button: this will constitute a binding agreement between you and Artimus Art. Your access to - and use of - the Service are expressly conditioned on your compliance with these Terms. To decline acceptance of these terms, you may click the "Cancel" button. Please note that any violation of these Terms may result in termination of our Service to you.

Artimus Art reserves the right to change these Terms from time to time. Please refer to this site periodically for any changes. By continuing to access or use the Service after Artimus Art makes any such changes, you agree to be bound by the revised Terms.

Art Submissions

You may submit certain material to Artimus Art including - and without limitation - children's artwork, children's artistic creations, or original art works created by children as part of your use of the Service offered by Artimus Art. ("Submissions").

Restrictions of Artwork:

Number of Art Pieces::

Each artbook packages includes a certain number of pages and only that number of art pieces should be submitted for the price posted. Customers will be required to document the number of pieces of artwork shipped to Artimus Art. This "Art Piece Documentation Form" is required to verify that the same number of artwork pieces is received by Artimus Art as is sent by the member. If more artwork is submitted than the purchased book package is allotted, then it is assumed that the customer will want extra pages added to the book and the customer will be responsible for any applicable charges. Customers should fill out the order form found in the art collection box and submit payment with the extra artwork, however, if payment is not made, the customer will be notified of the charges. Books will not be printed or artwork returned unless payment is made for any extra or oversized artwork above the allotment included in purchased book package. Customers may submit several small pieces of artwork that they want scanned together which will count as one scan as long as the combination does not exceed 11" x 17". These items must be clearly marked and / or clipped together and noted.

Medium:

Children's Artwork or Art Creations must be defined as being the original works of art of usual childhood art mediums or materials that are typically found in art classrooms of elementary schools. These mediums may include crayon, markers, pastels, colored pencils, acrylic or oil paints, watercolor paints, paper, small noodles, foam, felt, tissue paper, cotton balls, popsicle sticks, feathers, straws, yarn, leaves, corn kernels, seeds, candy, beans, or any other material normally used by art elementary art teachers. All submitted artwork must be based on paper, paper product, or a soft flat subsurface. Artwork may be two dimensional (2-D) but must be flat and soft enough for scanning. Any 2-D artwork submitted that, in the opinion of Artimus Art, may damage our equipment, will not be acceptable for obvious reasons. Any medium that is considered unusual or unacceptable may - at the discretion of any Artimus Art employee - be rejected at any time and these items will not be scanned or digitally reproduced. No three dimensional (3-D) items will be accepted without prior approval by Artimus Art. Three-dimentsional artwork is defined as being any artwork that has three dimensions; appearing to have depth or thickness in addition to height and width, or having lifelike quality. This includes any artwork constructed of clay, ceramic, plaster of Paris, wood, metal, or any material that gives the impression that a piece of artwork is 3-D.

Artwork Pre-Press

Preparation of submitted artwork for scanning and reproducing will involve removing objects that may hold together, attach, organize, fasten, join, connect, or affix artwork. It may be necessary to remove some items to enable Artimus Art employees to scan or reproduce the artwork in order to produce a professional image and prevent damage to equipment. The items which may be removed may include, tape, clips, staples, glue, nails, screws, yarn, string, chains, twist ties, or any fastener not herein listed. Some artwork may be detached from a background surface that is not part of the actual artwork (such as frames or background paper) at the discretion of Artimus Art. The reason of such extracting of artwork from any background is solely for enabling Artimus Art to offer the best image and reproduction possible.

Artimus Art will not reconnect or refasten any artwork that was necessary to disassemble. Artwork will not be stapled, glued, tied, clipped, taped, or refastened in any manner once prepared for reproduction and scanning.

Oversized Artwork

Artimus Art will accept oversized artwork for reproduction provided that the artwork fits into the Artimus Art Portfolio. Oversized art may be folded or rolled; again, provided that it fits into the Artimus Art Portfolio. Artimus Art will attempt to scan or reproduce oversized art; however this may sometimes not be possible. Every attempt will be made to reproduce oversized art but Artimus Art may reject any piece of art for scanning or reproduction for any reason.

Please note that the reproduction of any folded or rolled artwork may show creases, folds, rolls, pleats, tucks, lines, grooves, crinkles, wrinkles, scrunches, rumples, or crumples on the final reproduction.

Oversized art included in packages price:

Red Wagon - 4 Pieces of oversized art
Trolley - 7 Pieces of oversized art
Dump Truck - 11 Pieces of oversized art.

Any submitted oversized art exceeding these amounts will be scanned and the customer assumes responsibility for any applicable charges of $4.00 per piece. Books will not be printed, or artwork returned until all applicable charges are paid.

Art Reproduction Variations

Artimus Art employs digital technology to reproduce submitted artwork. Often times, variations in colors and shades may make the reproduction look slightly different from the original; however, Artimus Art will attempt to retouch, restore, freshen, or refurbish electronic files of the scanned artwork with commonly used printing pre-press methods. Artimus Art will make every attempt to reproduce artwork for both virtual imaging and printed reproduction so that the reproduction is as close to the original as possible and of the highest possible quality.

Content: Art Submissions

Only those creations which are clearly the work of a child will be accepted. No adult content may be the subject matter of any piece of art and any threatening, defamatory, abusive, obscene, pornographic, inappropriate or profane material or any other material that could give rise to any civil or criminal liability under applicable law will be not be accepted. Any artwork that in any way violates the Trust-e Children's Seal guidelines for web content will be rejected. The decision to accept or reject artwork will be made by Artimus Art employees who will use the Trust-e Children's Seal guidelines.

Any material that could infringe upon the rights of privacy, publicity, copyrights, or other intellectual property rights without the express permission of the owner of these rights will not be accepted, nor will any material that promotes bigotry, racism, hatred, or harm against any individual or group.

While Artimus Art is not responsible for any artwork submitted, it reserves the right in its discretion to:

  1. Reject for scanning and posting of any piece of artwork on any customer's gallery.
  2. Delete, move or edit any submitted artwork that it in Artimus Art's sole discretion, deems abusive, defamatory, obscene, inappropriate, or in violation of copyright or trademark laws or otherwise unacceptable.
  3. Take any other action that deems necessary relating to use or misuse of the Artimus Art Service.

Copyrighted Material

Artmus Art may request confirmation of the copyright or trademark ownership from the submitter. If Artimus Art does not receive any such confirmation or if there are continued claims of copyright or trademark infringement relating to certain submissions, Artimus Art reserves the right to (i) suspend the shipment of an order relating to the submission in question, and/or (ii) share the submitter's account information with governmental organizations, law enforcement authorities, or other third parties. If you, as a submitter, dispute any copyright or trademark infringement claims, we will share with you the contact information of any party claiming any such infringement. In the event of any such dispute, Artimus Art reserves the right to suspend the display, viewing, or sharing of any of any Submissions until the issue has been resolved. You hereby grant to Artimus Art a non-exclusive, royalty-free license to use, publish, copy, modify, transmit, display, and distribute your submissions for the sole purpose of delivering the service.

Copyright Notice

Artimus Art is committed to protecting trademarks and copyrights and expects users of the Service to do the same. Each artwork submitter is required by United States law to own the right to or to obtain permission to, use any trademarked or copyrighted material before the artwork is submitted or printed at Artimus Art. At our discretion and in appropriate circumstances, Artimus Art may terminate the accounts of users or prevent access to the Service by users who infringe upon the intellectual property rights of others.

If you believe that your work has been copied in a way that infringes your copyrights, please contact us at the following address and provide all relevant details.

Artimus Art Corporate Offices

Customer Service Attn: Copyright Protection
P.O Box 1128
Gloucester, MA 01930
Fax: 617-446-1477
Email: Copyright@artimusart.com

File Backup

In addition to preserving your child's art through the printing of the art collection book, Artimus Art offers a high resolution file back-up for an additional fee. This DVD contains high resolution Tiff File images of your child's art after the images are scanned, color enhanced, cleaned and corrected, then are transferred to a DVD for true archival purposes. These high resolution Tiff files, preferred by graphic design professionals, can easily be read on any operating system.

Age Requirements

Your must be at least 13 years of age to use our service. If you, your parent, or guardian have any concerns or questions, please feel free to contact us.

Members' Account

Access to your account: You may allow other people to view your art image galleries in your account by sending individual art images or the entire gallery. By sending galleries, the customer assumes the responsibility of how those image are used by the recipient. Artimus Art assumes no liability if art images are used inappropriately by recipients.

Linking directly to images on Artimus Art's servers from external sites is expressly prohibited.

We may need to access your account for the following reasons:

  1. We can remind you of your password in case you forget it; if this becomes necessary, we will send a reminder email upon your request to the address from which you opened you account
  2. To maintain our service to you and to develop new and useful features and services
  3. To follow a court order, subpoena, complaint, or a lawful request from governmental authorities
  4. Artimus Art reserves the right to close accounts that may have been set up for fraudulent purposes

Third-Party Software

Artimus Art may make third-party software available to you from time to time. To access such third-party software, you much first agree to the third-party software provider's terms and conditions governing use of such software which agreement will be between you and the third-party software provider. Artimus Art is not a party to any such arrangement between you and a third-party software provider and disclaims any liability and provides no warranties relating to such software.

Third-Party Links

Artimus Art may provide links to third-party sites that may be of interest to you; however, we have no control over the content or availability of the contents of these sites. Links to third-party sites do not imply any endorsement by Artimus Art of such sites or the content, products, or services available from such sites. It is your responsibility to become familiar with each site's privacy and other policies and terms of service, and to contact that site's Webmaster or site administrator with any concerns. You acknowledge sole responsibility for - and assume all risk arising from - your use of any such sites.

Artimus Art complies with the rules and regulations set forth by the Trust-e Children's Privacy Seal Program which are compliant with the Children's Online Privacy Protection Act. For more information regarding Trust-e certification process, visit www.Truste.org.

Artimus Art has applied for the Trust-e Children's Privacy Seal.

Membership Fee

To become a member or open an account, a book package must be purchased. Once a book packages is purchased, the customer has the ability to share and send art images and entire art galleries to whomever they wish. Customers also have access to the public art gallery where any image in a private art gallery can be posted on the public one. Customers also will have access to the Artimus Art gift shop once it is added to the website.

Message Center

Each member can view their art image in their own gallery. Inside of each gallery, each member has a message board where, from time to time, messages are posted for the member. The message content may range from informing you about important information regarding your account, about a new item in our gift shop, a new feature we have just added or simply a positive comment from our Artistic Director on a particular piece of art! Since the message board first and foremost serves as a communication tool from Artimus Art to customers, members may not unsubscribe or turn off the message board.

Artimus Art Copyrighted Material and Software

All of the information, content, and materials we offer are protected by copyright and other applicable laws of both the United States and foreign countries. You may not copy or distribute such material without the copyright owner's prior written consent. You may use these materials for personal non-commercial use only, subject to the restrictions set forth in these Terms, so long as you do not modify the materials or remove any copyright or other proprietary rights notices contained in the materials.

All right, title, and interest in and to the Artimus Art site and service is and will remain the exclusive property of Artimus Art and it's licensors. The site and service are protected by copyright, trademark, and other laws of both the United States and foreign countries. You may not copy or modify the HTML code used to generate web pages on the site. You may not use the site or service on - or in connection with - any other website for any purpose.

Privacy Policy

When you create an account with Artimus Art, you need to provide some personal information such as your name, e-mail, address, and postal mailing address. We protect and use this information as set forth in our Privacy Policy.

U.S. Government Restricted Rights

All materials, information, software, and other products supplied by or through the service are provided with "Restricted Rights". Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in these Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such material by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Terms - or any part thereof - are deemed inconsistent with the minimum rights identified in the restricted right provisions, the minimum rights shall prevail.

Indemnification

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, licensors, suppliers, and all third-party information providers to the service harmless from and against all claims, liabilities, losses, expenses, damages, and costs including reasonable attorneys' fees, resulting from (i) any use of your account (including negligent or wrongful conduct) by you or any other person accessing the service using your account and/or (ii) claim that a submission infringes upon third party intellectual property rights.

Claims

Any action hereunder must be brought, if at all, within one (1) year from the accrual of the cause of action. The parties agree that these terms and any claims hereunder shall be governed by and subject to the state and federal law provisions, and hereby consent to jurisdiction and venue in the courts of the Commonwealth of Massachusetts.

Export

You are responsible for compliance with all local laws and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through Artimus Art.

Disclaimer of Warranties

The service, content, and/or materials available through Artimus Art's site are provided on an "as-is" and "as-available" basis and without warranties of any kind either expressed or implied.

To the fullest extent permitted by applicable law, Artimus Art expressly disclaims all warranties and conditions of any kind, whether expressed or implied, including - but not limited to - implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Artimus Art makes no warranty that its site or services will be uninterrupted, timely, secure, or error-free, or that this site or its server is free of viruses or other harmful components. Artimus Art makes no warranty regarding any software, goods, services, special offers, or the delivery, quality, accuracy, timeliness, completeness, or reliability of any software, goods, or services purchased, accessed or obtained through Artimus Art's website or advertised through Artimus Art's website. No advice or information, whether oral or written, obtained from Artimus Art or through the website or service will create any warranty not expressly made herein.

Limitation of Liability

To the fullest extent permitted by applicable law, under no circumstances shall Artimus Art be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to damages for loss of profits, use data, or other intangibles, whether based on warranty, contract, tort (including negligence) or any other legal theory, even if Artimus Art has been advised of the possibility of such damages, that result from your access to or use of, or inability to access or use Artimus Art's website or services from any changes to this site or it's services or from unauthorized access to or alteration of your submissions or data, even if a remedy set forth herein is found to have failed of its essential purpose. You specifically acknowledge that Artimus Art is not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with you. Further, Artimus Art will have no liability to you or third-party for any third-party content uploaded onto or downloaded from the site or through the service. You agree that the aggregate liability of Artimus Art to you for any and all claims arising from the use of the site or service is limited to $100.00. You expressly acknowledge and agree that Artimus Art has set its prices and entered into this agreement in reliance upon these limitations of liability specified herein. For these purposes, Artimus Art limitation or exclusion of incidental, consequential or other types of damages will apply based on the laws of the Commonwealth of Massachusetts.

Customer Policy for Idea Submission

Many of our customers are interested in submitting ideas for products and enhancement of services to be used at Artimus Art, either independent of, or in conjunction with our internally developed concepts. We appreciate our customers' interest in improving our service; however, please note our policy on external idea submission:

Unsolicited ideas submitted to Artimus Art LLC, or any of it's employees automatically become the property of Artimus Art LLC.

By submitting unsolicited ideas to Artimus Art LLC, you automatically forfeit your right to the intellectual property ownership of these ideas.

If you intend to own the intellectual property rights of your ideas in any way (patent, trade secrets, copyright, trademark, etc.) please do not submit your concepts or prototype samples to Artimus Art LLC or its employees.

Instead:

Send an e-mail to ideas@artimusart.com and describe only the general application.

If we think there is opportunity to pursue your idea further, we will contact you. Please note that a legal agreement may be required by Artimus Art LLC in order to evaluate your concept.

Intellectual Property

The systems, services, and products or portions thereof that form part of the services, are covered by US Patents 6,583,799, 6,583,852, 6,587,596, and other pending US applications. You agree not to take any action that will interfere with or disrupt the service.

Artimus Art has the right to investigate and prosecute any violations of intellectual rights infringement and/or website security issues to the fullest extent of the law. Artimus Art may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Artimus Art has no obligation to monitor your access to, or use of, the service, but has the right to do so for the purpose of operating the service to ensure your compliance with these Terms or to comply with applicable law or the order or requirement of a court, administrative agency or other government body.

Miscellaneous

We may assign our rights and responsibilities hereunder without notice to you.

All items purchased through Artimus Art, made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to our carrier: this includes any liability to the loss or damage to original artwork. When you purchase a package or purchase an item in our gift shop, Artimus Art and its contracted companies reserves the right to ship partial orders.

If any part of this agreement is held to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision most closely matching the intent of the original provision and the remainder of the Terms will continue in effect.

These Terms constitute the entire agreement between you and us with respect to this service, and supersede all other communications, written or oral, with regard to the service. The failure of Artimus Art to enforce any right or provision of these terms will not be deemed a waiver of such right or provision.