IntroHi! Below are the guidelines and rules for our website which we call the “Terms of Service”. You should know that a group of humans called “lawyers” helped us write this. These “lawyers” are fluent in english but general revert back to their native language called “legalise”. If you have any questions about the Terms of Service please email info@Direct2artist.com…we can help translate. Last updated: March 19, 2015 Change log: September 7, 2014, November 12, 2013: Effective Date March 19, 2014: All sections of the Terms of Service updated
Terms of Service
This Terms of Service Agreement (the “Agreement”) is an agreement between you (the “User”) and Beheld Technologies Inc. ("Direct2Artist", "we", or "us"). We provide services for selling and purchasing artwork as well as provide Users with access to certain Materials (as defined below) to help our customers create and manage websites by providing general and personalized content, website hosting services, communication tools and forums, mobile applications, and ecommerce tools and services (collectively, the “Services”) directly and through the website and associated domains of http://www.Direct2Artist.com (the “Site”). Certain areas of the Site and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.
You agree to all of the following:
a. You hereby certify that you are at least 18 years of age.
b. You will ensure the email address provided in your account registration is valid at all times and will keep your contact information accurate and up-to-date.
c. You will not use the Services or Materials for any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or insider trading.
e. You will not use the Services or Materials to impersonate another person.
f. You will not imply or state, directly or indirectly, that you are affiliated with or endorsed by Direct2Artist without our express written permission.
g. You may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published on the Site.
h. You may not upload, post, email, transmit or otherwise make available or initiate any Content that contains software viruses, worms, Trojan horses or any other computer code, files or programs that interrupt, destroy or limit the functionality of the Services or the Materials or that may impact the ability of any Direct2Artist user to access the Services.
k. You may not send messages using the Services which do not correctly identify the sender and you may not alter the attribution of origin in electronic mail messages or postings.
l. You will not share your password, let anyone else access your account, or do anything that might jeopardize the security of your account. You will not attempt to or actually access the Services or Materials by any means other than through the interfaces provided by Direct2Artist.
m. You will not attempt to or actually override any security component included in or underlying the Materials or Services.
n. You will not attempt or engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Direct2Artist’s infrastructure.
o. You will not publish Content, or links to Content, that is:
i. Pornographic, sexually explicit, or violent.
ii. Illegal (including stolen copyrighted material and material that infringes or has the potential to infringe the intellectual property rights of another).
iii. Reasonably likely to cause harm, or that could be reasonably considered as slanderous or libelous.
iv. Breaches another’s privacy.
p. You will not publish Content that is spam, is machine- or randomly-generated, and/or contains unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing), or mislead recipients as to the source of the material (such as spoofing).
q. You verify that your country of residence is the same as your billing address.
Direct2Artist may determine in its sole discretion whether or not an account is in violation of any of these policies. Violation of any of these policies may result in user information tracking with such information being stored to identify the offending user. Offending users may be permanently restricted from holding an account or using the Services. If Direct2Artist reasonably determines that your account is being used for illegal or fraudulent activity then your account may be immediately terminated and your financial data erased. We may also report you to law enforcement officials in the appropriate jurisdictions.
All material and services available on the Site, and all material and services provided by or through Direct2Artist, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the "Materials"), are owned by us or other parties that have licensed their material or provided services to us, and are protected by copyright, trademark, trade secret and other intellectual property laws. All Direct2Artist trademarks and service marks, logos, slogans and taglines are the property of Direct2Artist. All other trademarks, service marks, logos, slogans and taglines are the property of their respective owners. Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on Direct2Artist without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline.
By uploading an artwork (original or digital) you hereby appoint Direct2Artist as an independent non-exclusive reseller with the right to resell such artwork through the Site and Services and on third party websites and you hereby grant Direct2Artist a worldwide, transferable, nonexclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the artwork via Online Sales channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the artwork in any form, medium or technology now known or later developed for the purpose of promoting Direct2Artist, the Site and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis and that your sole compensation for the grant of such license rights, if any, will be in the form of the Artist Commissions, which is payable only upon the sale of an artwork via the Online Sales channel.
If you remove an artwork (original or digital) from the Site, the license rights granted by you to Direct2Artist to manufacture, distribute and sell will terminate as of the date the listing is removed, except that such license rights will survive and remain in effect for as long as necessary for Direct2Artist and its third-party subcontractors to fulfill any in-progress orders for such Printed Artworks and for any orders for such Printed Artworks accepted by Direct2Artist or its third-party subcontractors or its Online Sales partners via third party websites and its Offline Sales partners prior to or as of the effective date of termination. In addition, you acknowledge and agree that the license rights granted by you to Direct2Artist with respect to using such artwork to promote Direct2Artist, the Site and the Services will remain in full force and effect for only as long as necessary for Direct2Artist to fulfill any current obligations that require using the artwork for such promotional purposes.
Sale of an Original artwork
As a User, you may purchase Original Artwork that are listed by other Users on the Site. When you purchase such an Original Artwork through the Site and Services, you are purchasing the work from Direct2Artist and not from the Member identified on the listing for such work. Prices for Original Artwork will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and which will be separately identified on your receipt. Direct2Artist and/or its third party service providers will collect your billing and shipping information and process your payment. The user identified on the listing of the Original Artwork will ship the purchased work directly to you. The terms and conditions of Direct2Artist's then-current Return Policy apply to any Original Artwork that you purchase through the Site and Services. When you purchase Original Artwork via Online Sales (other than via the Site and Services) such purchases will be subject to the terms and conditions of the applicable Online Sales channels which will be presented to you at the time of purchase.
Sale of a Digital artwork
As a Member, you may purchase Printed Artworks that are listed by other Members on the Site. Prices for Printed Artworks will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges or applicable Taxes (defined below), if any, for which you are responsible and that will be separately identified on your receipt. When you purchase Printed Artworks through the Site and Services, Direct2Artist and its third party service providers will collect your billing and shipping information, process your payment and ship the Printed Artworks directly to you. The terms and conditions of Direct2Artist Art's then-current Return Policy apply to any Printed Artworks that you purchase through the Site and Services. When you purchase Printed Artworks via Online Sales (other than via the Site and Services) and Offline Sales such purchases will be subject to the terms and conditions of the applicable Online Sales and Offline Sales channels which will be presented to you at the time of purchase.
Sale through Independent Website
Without limiting anything else in this Agreement, we may immediately remove Content related to the offer or sale of Commercial Products in violation of this Agreement. If you sell a Commercial Product using our Services, then you must, upon our request, (i) use commercially reasonable efforts to stop the delivery of the Commercial Products to the buyer, or (ii) pay a refund for such Commercial Products to the buyer.
Shipping of artwork
For Original Artwork only, Direct2Artist will provide you with the name and address of the purchaser and, unless otherwise instructed in writing by Direct2Artist, you will be responsible for shipping the purchased Original Artwork directly to the purchaser. Direct2Artist will provide you with information regarding its preferred shippers with which Direct2Artist maintains an account. You agree to ship the purchased Original Work of Art to the purchaser within seven days following the date of purchase (the "Shipping Period"). If you do not ship the purchased Original Work of Art to the purchaser prior to the expiration of the Shipping Period, then the sale may be cancelled. If you ship the purchased Original Work of Art via a Direct2Artist preferred shipper account, Direct2Artist will be responsible for the cost of shipping. You are responsible for providing accurate shipping weight, shipping dimensions and shipping address to Direct2Artist if you are using a Direct2Artist preferred shipper. If actual shipping weight, shipping dimensions and shipping origination information at the time of shipment varies from the information provided by you, Direct2Artist (after providing documentation) reserves the right to deduct the resulting increased shipping costs from your Artist Revenue Share (defined below). If you do not ship the purchased Original Work of Art via a Direct2Artist preferred shipper or if you pay for the cost of shipping yourself, Direct2Artist will reimburse you for the amount you paid, up to the amount that Direct2Artist or the third party website charged the purchaser for shipping.
Direct2Artist and/or its third party service providers will be responsible for collecting billing and shipping information from the purchaser and for processing payment for such purchases via the Site and Services. For purchases made via third party websites and for Offline Sales, the applicable third party website or Direct2Artist’s Offline Sales partner will be responsible for collecting billing and shipping information, as applicable, from the purchaser and for processing payments, and will remit applicable payments relating to such sales as agreed upon between Direct2Artist, and the third party website or Direct2Artist’s Offline Sales partner, as applicable, to Direct2Artist and share related shipping information, including the contact details of the purchaser where necessary, with Direct2Artist.
You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Except for collecting EU VAT and remitting it to the EU, Direct2Artist shall not be liable for any taxes or other fees to be paid in accordance with or related to the Commercial Products. When purchasing or selling Commercial Products, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority. Any tools provided as Materials or in connection with the Services indicating estimated taxes due are for illustration purposes only. You take full responsibility for all taxes and fees of any nature associated with Services, including any sales tax related to the purchase or sale of Commercial Products. Direct2Artist is required to collect Value Added Tax of the European Union (“EU VAT”) from non-taxable EU customers, therefore, EU VAT shall be charged to these customers on top of our Fees
If you are a Member and have submitted a listing for an Original Work of Art or a Digital Work and have been contacted through the Site and Services by another Member with respect to purchasing either of the foregoing, you may not sell such Original Work of Art or Digital Work to such Member independent of the Site and Services. Similarly, if you are a Member and desire to purchase an Original Work of Art or Digital Work for which another Member has submitted a listing, you may not purchase such Original Work of Art or Digital Work from such Member independent of the Site and Services.
Direct2Artist reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Site and Services if Direct2Artist determines, in its sole discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Site and Services. If Direct2Artist cancels an order placed via the Site and Services, Direct2Artist will send you an email confirmation of such cancellation and you will not be charged for your order.
Direct2Artist maintain a return policy for original artwork and printed work purchased through Direct2Artist. The purchaser has 10 business days to contact info@Direct2Artist.com and request to return the artwork. Direct2Artist will work with the purchaser to return the original artwork to the artist or receive a new printed work. All costs and liability with the return of the artwork will rest on the purchaser. This includes but not exclusively shipping fees, damages, insurance, etc. This return policy does not extend to artwork purchased through individual artist websites even if they are hosted and provided by Direct2Artist.
You understand and agree that Direct2Artist uses commercially reasonable efforts to display the colors of Original Artwork, Digital Works and Printed Artworks accurately via the Site and Services. However, because individual computer monitors may display colors differently, Direct2Artist is not responsible for the color accuracy of any Original Artwork, Digital Works or Printed Artworks displayed on the Site and Services, and disclaims all liability in this regard.
Copyright Complaint Policy
If you believe any Materials infringe your copyrighted works, you may provide a notification of claimed copyright infringement to our Designated Agent for copyright complaints. Please see our Copyright Complaint Policy for further information.
Sweepstakes and Contests
Direct2Artist may operate sweepstakes, contests and similar promotions (collectively, "Promotions") through the Site and Services. You should carefully review the rules (e.g., the "Official Rules") of each Promotion in which you participate through the Site and Services, as they may contain additional important information about Direct2Artist's rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.
a. You may agree to a one (1) month or twelve (12) month contract agreement with Direct2Artist. b. You can opt to upgrade or downgrade your service agreement to any other contract agreement that Direct2Artist is currently offering for sale at any time during your contract term. In the event of a contract downgrade, a discount credit will be issued to your Direct2Artist account for the difference in the cost of the two contracts over the remainder of your original contract term. This credit can be applied to future months of service with Direct2Artist, and is in no way transferable to a cash refund. c. At the end of the contract term, your contract will automatically renew for an additional contract term until explicitly cancelled by you. Cancellation must be issued via your website manager interface or via Direct2Artist's support addresses. Any cancellation issued via your website manager interface must be done at least one (1) day prior to the end of the contract term. Any cancellation not issued via the website manager interface must be done three (3) days prior to the end of the contract term to allow for adequate processing time. d. Only Services and features clearly indicated as "free" or "no charge" are free or without charge. It is not the responsibility of Direct2Artist to provide free support for you in the use and operation of Direct2Artist. All other applications, features, functionality and support provided by Direct2Artist and its partners are provided for the fees described for each service on the Site (“Fees”) and you are liable for such Fees. e. If you registered for a trial use of the Services ("Trial Period"), you must decide to purchase the Services within the Trial Period in order to retain any Content that you have posted or uploaded during the Trial Period. If you do not purchase the Services by the end of the Trial Period, your Content will no longer be available to you. To be very clear, after using the Services during the Trial Period, if you decide not to purchase the full version of the Services, you will not be able to access or retrieve any of the data you added/created during the Trial Period f. If you purchase any Services that we offer for a Fee, you agree to Direct2Artist, or our third party service providers, storing your payment card information. You expressly agree that we are authorized to charge you (i) a monthly Fee for any applicable Services billed on a monthly basis, (ii) any other Fees for Services you may purchase, and (iii) any applicable taxes in connection with your use of the Services to the payment card you provide and to reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you agree to remain responsible for any uncollected Fees.
a. Services may be terminated by us, without cause, at any time.b. Direct2Artist may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the terms of this Agreement or the intellectual property protections applicable to these Services. c. Notice of termination of Services by Direct2Artist may be sent to the contact e-mail associated with your account. Upon termination, Direct2Artist has the right to delete all data, files, or other information that is stored in your account.
Re-Posting Content: By posting Content on Direct2Artist, it is possible for an outside website or a third party to re-post that Content. You agree to hold Direct2Artist harmless for any dispute concerning this use. If you choose to display your own Direct2Artist-hosted image on another website, the image must provide a link back to its listing page on Direct2Artist.
Idea Submissions: Direct2Artist considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and Direct2Artist shall not be liable for the disclosure or use of such Material. If, at Direct2Artist's request, any member sends Material to improve the site (for example through the Forums or to customer support), Direct2Artist will also consider that Material to be non-confidential and non-proprietary and Direct2Artist will not be liable for use or disclosure of the Material. Any communication by you to Direct2Artist is subject to this Agreement. You hereby grant and agree to grant Direct2Artist, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable (through multiple tiers) and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
Direct2Artist does not control the Content provided by users that is made available on Direct2Artist. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using Direct2Artist, you agree to accept such risks and that Direct2Artist (and Direct2Artist's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on Direct2Artist. Please use caution, common sense, and practice safe buying and selling when using Direct2Artist. Other Resources: Direct2Artist is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Direct2Artist does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Direct2Artist shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Resolution of Disputes and Release
Disputes with Direct2Artist: In the event a dispute arises between you and Direct2Artist, please contact info@Direct2Artist.com. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled using the laws of Vancouver, British Columbia, Canada, using the English language.Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, Direct2Artist encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on Direct2Artist, they may choose to participate in Direct2Artist’s case system in order to resolve the dispute. Cases are escalated for review and resolution by Direct2Artist. Direct2Artist provides its dispute resolution process for the benefit of users. Direct2Artist does so in Direct2Artist's sole discretion, and Direct2Artist has no obligation to resolve disputes between users or between users and outside parties. To the extent that Direct2Artist attempts to resolve a dispute, Direct2Artist will do so in good faith based solely on Direct2Artist's policies. Direct2Artist will not make judgments regarding legal issues or claims. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release Direct2Artist (and Direct2Artist's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
Direct2Artist's Intellectual Property
Direct2Artist, and other Direct2Artist graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Direct2Artist, Inc. in Canada and/or other countries. Direct2Artist's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Direct2Artist, Direct2Artist'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND Direct2Artist'S SUPPLIERS PROVIDE Direct2Artist'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Direct2Artist, Direct2Artist'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND Direct2Artist'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM Direct2Artist SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
IN NO EVENT SHALL Direct2Artist, AND (AS APPLICABLE) Direct2Artist'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR Direct2Artist'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, Direct2Artist'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
YOU AGREE TO INDEMNIFY AND HOLD Direct2Artist AND (AS APPLICABLE) Direct2Artist'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
Direct2Artist does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Direct2Artist's control.
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
You and Direct2Artist are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
We reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated". By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the Province of British Columbia, Canada, without reference to conflicts of laws provisions.
Except as explicitly stated otherwise, any notices be send by email to info@Direct2Artist.com or, in your case, to the email address you provide to Direct2Artist (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Direct2Artist may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Direct2Artist. In such case, notice shall be deemed given three days after the date of mailing.
Information Collected or ReceivedDirect2Artist will not disclose your name, email address or other personal information to third parties without your explicit consent, except as specified in this policy.
As an Direct2Artist member you are required to provide a valid email address at registration and choose a username or alias that may represent your identity on Direct2Artist.
Depending on which services you choose to use, Direct2Artist may require additional information, such as billing and payment information (including billing address, telephone number, credit card information), a telephone number, and/or a physical postal address. Credit card information on an account may be stored and used for both billing and payment purposes. Direct2Artist may contact individual shop owners to confidentially request more information to ensure compliance with our rules. Certain products or services on Direct2Artist may require you to complete an application; any information you submit through the application processes will not be displayed publicly and will only be used internally by Direct2Artist, unless otherwise specified.
Direct2Artist automatically receives and records some information from your browser or your mobile device when you visit the Site, such as your IP address or unique device identifier, cookies and data about which pages you visit on the Site or on the Apps. This information helps us analyze and understand how the Site work for members and visitors, and provide a more personalized experience for members and visitors.
Some members or visitors may connect to or register an Direct2Artist account using an external third-party application, such as Facebook, or an app developed using the Direct2Artist API. Direct2Artist may receive some data from those connected third-party applications. Connecting your Direct2Artist account to third-party applications or services is optional, and when you connect your account to an external app, you will be given the opportunity to grant permission.
Direct2Artist may receive or collect information (for example: an email address) about a person who is not yet a registered Direct2Artist member (a “non-member”) in connection with certain Direct2Artist features, including but not limited to: a non-member subscribing to an Direct2Artist newsletter, a member inviting a non-member to visit the Site, a non-member engaging in a transaction, or a member sending a gift card code to a non-member. Non-member information is used only for the purpose it was originally submitted to Direct2Artist. A non-member can contact Direct2Artist if they do not want Direct2Artist to retain their information.
Direct2Artist uses the information described in this policy to provide and improve our services and products, for billing and payments, for identification and authentication purposes, to contact members or interested parties, and for general research and aggregate reporting.
Choice & ControlWe know members of our community value having control over their own information, and therefore Direct2Artist gives you the choice of providing, editing or removing certain information.
You may change or correct your Direct2Artist account information (except your username) on the Site. You may also remove certain optional information on the Site that you no longer wish to be publicly visible, such as your full name. For various reasons, Direct2Artist may contact you about our services or your activity. Some of these messages are required, service-related messages for members. Other messages are not required, and you can control which optional messages you choose to receive by changing your settings in your account.
If you have optionally connected your account to an external, third-party application, such as Facebook, you can remove permission for the app by changing your account settings. If you no longer wish to use Direct2Artist’s services or receive service-related messages, then you may close your account.
Messages from Direct2ArtistOn occasion, Direct2Artist will contact you. Primarily, messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. In some situations, Direct2Artist may contact you by telephone, SMS message or physical mail in order to provide you with customer support or to provide you with information about products and features you my find of interest.
Some messages from Direct2Artist are service-related and required for members. Examples of service-related messages include, but are not limited to: a welcome email when you register your account, notification of an order, or correspondence with Direct2Artist’s support team. These messages are not promotional in nature. You may not opt-out of receiving service-related messages from Direct2Artist, unless you close your account.
As a member, Direct2Artist may also send you messages related to certain features or your activity on the Site. Direct2Artist may also send you news or updates about changes to our Site or services. By default, members will receive these messages via email.
CommunityWe offer several features that allow members to connect and communicate in public or semi-public spaces. Please use common sense and good judgment when posting in these community spaces or sharing your personal information with others on Direct2Artist. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. Direct2Artist generally does not remove content from community spaces, and your posts may remain public after your account is closed. You are responsible for the personal information you choose to post in community spaces on Direct2Artist. Another Direct2Artist member may follow your public activity on Direct2Artist to receive updates.
We can only speak for ourselves; this policy does not apply to the practices of third parties that Direct2Artist does not own or control, or individuals that Direct2Artist does not employ or manage. If you provide your information to others on Direct2Artist or throughout the Internet, different rules may apply to the use or disclosure of the information you provide to them. Direct2Artist does not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable. Direct2Artist is not responsible for the privacy or security practices of other websites on the Internet, even those linked to or from the Direct2Artist Site. We encourage you to ask questions before you disclose your personal information to others.
If you give us permission, we may share your personally identifiable information with third parties who might send you marketing and promotional information.
Your personal information may be transferred to anyone who is helping us make the Site and Services available and functional, like technical agents, payment processing vendors, other subcontractors, and our affiliates and consultants.
As in any transaction, if you provide your credit card information to us for purchases, your credit card company will be provided with all relevant information about us, item(s) purchased, cost and other information necessary to process the transaction.
If the company is under a duty to disclose or share your personal information under a legal obligation, in order to enforce or apply its contractual agreements or without your consent pursuant to any of the exceptions in the BC PIPA or the PIPEDA.
Cookies & Tracking TechnologiesDirect2Artist uses a variety of technologies to help us better understand how people use our Site and services.
Direct2Artist may partner with third-party services who may use various tracking technologies, such as browser cookies or Flash cookies, to provide certain services or features. These technologies allow a partner to recognize your computer or mobile device each time you visit Direct2Artist, but do not allow access to personally identifiable information from Direct2Artist. Direct2Artist does not have access or control over these third-party technologies, and they are not covered by our privacy statement.
SecurityDirect2Artist takes all steps reasonably necessary to ensure that your data is treated securely in accordance with this Policy and applicable privacy legislation. Information that we collect is stored on servers that Direct2Artist manages, using standard security procedures and practices appropriate to the nature of the information.
The security of your personal information is important to us. Your Direct2Artist account information is protected by a password. It is important that you protect against unauthorized access of your account and information by choosing your password carefully, and keeping your password and computer secure by signing out after using our services.
No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.