Terms of Service

Effective Date: October 26, 2023

Welcome to artnest.top. These Terms of Service ("Terms") govern your access to and use of the artnest.top website and any related services, features, content, or applications offered by artnest.top (collectively, the "Service"). Please read these Terms carefully before using the Service.

By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

The Service is provided by artnest.top ("we," "us," or "our"), located at 5811 Second Ave, Hilo, Hawaii 22100. By creating an account, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. These Terms constitute a binding legal agreement between you (the "User") and artnest.top.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the effective date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Use of Service

artnest.top provides a platform for artists, collectors, and art enthusiasts to discover, share, discuss, and potentially sell digital and physical artwork.

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement and have the legal capacity to enter into these Terms.

2.2 Account Registration

To access certain features, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain and promptly update your account information to keep it accurate.
• Maintain the security of your password and accept all risks of unauthorized access.
• Notify us immediately of any unauthorized use of your account.
• You are solely responsible for all activities that occur under your account.

2.3 Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of the Service, temporarily or permanently, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, images, graphics, artwork, links, or other content ("User Content") you submit, post, or display on the Service.

3.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service in any way that violates any applicable local, state, national, or international law or regulation.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Upload, post, or transmit any User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, hateful, or otherwise objectionable.
• Infringe upon any patent, trademark, trade secret, copyright, or other intellectual property rights of any party.
• Upload or distribute any viruses, worms, or any other malicious code designed to interrupt or limit the functionality of the Service.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.

3.2 User Content

You retain all ownership rights to the User Content you submit. However, by submitting User Content, you grant artnest.top a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Service and our business, including for promotion and redistribution of part or all of the Service.

You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit and to grant the above license.

4. Intellectual Property

4.1 Service Content

All content on the Service, excluding User Content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of artnest.top or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws. The compilation of all content on the Service is the exclusive property of artnest.top.

4.2 Trademarks

"artnest.top," our logos, and any other product or service name or slogan contained on the Service are trademarks of artnest.top and may not be copied, imitated, or used, in whole or in part, without our prior written permission.

4.3 Copyright Infringement (DMCA)

We respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact our designated agent at [email protected] with the following information:

• A physical or electronic signature of the copyright owner or authorized agent.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material that is claimed to be infringing.
• Your contact information.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner.
• A statement that the information in the notification is accurate.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, ARTNEST.TOP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

5.2 Limitation of Liability

IN NO EVENT SHALL ARTNEST.TOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INC