Terms of Service

    Creashop.ai is a service brought to you by Art-i-Art Inc. Our platform allows you to browse and purchase generative art in a digital or physical form, including paintings, posters, and canvas prints. Our advanced technology enables us to offer a wide variety of digital art styles and genres on our platform.

    Before using our services, please carefully read and understand the terms and conditions and our privacy policy. These terms, the privacy policy, and any other policies linked to them govern your access to and use of our services and constitute a legally binding agreement between you and us.

    Please note that certain areas of our services or access to certain services may have different terms and conditions posted or may require you to agree to additional terms and conditions. In the event of a conflict between these terms and the terms and conditions posted for a specific area of our services or access to specific services, the latter terms and conditions will take precedence over your use of or access to that area of our services.

    PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE AN AGREEMENT TO ARBITRATE, MEANING THAT ANY DISPUTE RELATED TO YOUR USE OF OUR SERVICES WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT. IF YOU WANT TO OPT OUT OF THIS AGREEMENT, YOU MAY DO SO BY FOLLOWING THE PROCEDURES OUTLINED IN THE “AGREEMENT TO ARBITRATE” SECTION. THIS DISPUTE RESOLUTION SECTION ALSO INCLUDES A CLASS ACTION WAIVER, MEANING THAT YOU AGREE TO HANDLE ANY DISPUTES INDIVIDUALLY AND NOT AS PART OF A PROPOSED CLASS. THESE TERMS ALSO INCLUDE A WAIVER OF YOUR RIGHTS TO A TRIAL BY JURY, REGARDLESS OF WHETHER YOU CHOOSE TO ARBITRATE YOUR CLAIMS.

    MODIFICATIONS TO THESE TERMS

    We reserve the right to modify, discontinue, or terminate our services or to modify these terms at our sole discretion, at any time, and without prior notice. If we make any changes to these terms, we will post the modification on our services or provide you with notice of the modification. The “Last Updated Date” will also be updated. If you continue to use our services after we have posted a modification or provided you with notice of a modification, you are agreeing to be bound by the modified terms. If the modified terms are not acceptable to you, your only option is to stop using our services. We recommend checking back regularly to review these terms.

    MODIFICATIONS TO THE SERVICES

    We reserve the right to change the URL, modify or discontinue, and restrict or block access to our services without notice. We may also modify or remove any Generative Artwork, digital works, Creashop.ai content, or member content from our services at any time, including content we consider obscene, lewd, excessively violent, harassing, or otherwise objectionable. There may be errors, inaccuracies, or omissions in our services, and we reserve the right to correct them and update information as needed. We are not required to update, amend, or clarify information on our services, except as required by applicable laws, regulations, or statutes. No specified update or refresh date on our services should be taken to mean that all information has been modified or updated.

    ACCOUNT REGISTRATION

    To purchase items on our platform, you must create an account by completing our registration process and providing certain information, including a username and password. You are responsible for keeping your account information accurate and up to date, and we reserve the right to suspend or terminate your account if the information you provide is inaccurate, out of date, or incomplete. You must protect your password and notify us of any unauthorized activities under your account.

    PRIVACY

    See Creashop.ai’s Privacy Policy here for information and notices concerning Creashop.ai’s collection and use of your personal information.

    PURCHASER TERMS AND CONDITIONS

    PURCHASES OF DIGITAL ART

    As a member of Creashop, you can purchase digital artwork from the site. The price for the artwork will be listed on the site and does not include shipping and handling charges or taxes. You will be responsible for paying these additional fees. Creashop will process your payment and collect your billing and shipping information. Some Generative Artwork may require additional shipping charges or special arrangements. The terms of Creashop’s return policy apply to any artwork purchased through the site. If you purchase artwork through online channels, the terms of those channels will apply.

    PURCHASES OF PRINTED WORKS

    As a member of Creashop, you can purchase printed works from other members on the site. The price for the printed works will be listed on the site and does not include shipping and handling charges or taxes. You will be responsible for paying these additional fees. Creashop will process your payment and collect your billing and shipping information. The printed works will be shipped directly to you. The terms of Creashop’s return policy apply to any printed works purchased through the site. If you purchase printed works through online or offline channels, the terms of those channels will apply.

    ORDER CANCELLATIONS

    Creashop.ai reserves the right to cancel any order for a Generative Art or Printed Work placed via the Services if Creashop.ai determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If Creashop.ai cancels an order placed via the Services, Creashop.ai will send you an email confirmation of such cancellation and you will not be charged for your order.

    TERMS FOR BOTH SELLERS AND PURCHASERS

    TAXES

    All prices, commissions, fees, and other amounts referred to in these Terms, including any prices, commissions, and fees set forth on the Services, are stated in U.S. dollars and do not include any sales, use, value-added, goods and services or similar taxes or withholding taxes or any customs, duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale and licensing transactions contemplated hereunder. If you are a seller of Generative Artwork and/or Printed Works, you acknowledge that Creashop.ai will withhold the Taxes required to be withheld from the payments Creashop.ai makes to you. The seller must fill out appropriate Tax forms prior to any amounts being paid, as follows:

    • For an artist living within the United States, a W9 Tax Form must be filled out for both the sale of Generative Art or Printed Work.
    • For an artist living outside the United States, a W8BEN Tax Form must be filled out for Generative Artwork and Printed Works.

    If you are a purchaser of Generative Artwork and/or Printed Works, you acknowledge that Taxes including VAT will be added to the amounts charged, when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes including VAT. Each party will cooperate with the other party, and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

    COLOR

    You understand and agree that Creashop.ai uses commercially reasonable efforts to display the colors of Generative Artwork, Digital Works and Printed Works accurately via the Services. However, because individual computer monitors may display colors differently, Creashop.ai is not responsible for the color accuracy of any Generative Artwork, Digital Works, or Printed Works displayed on the Services, and disclaims all liability in this regard.

    CREASHOP.AI CONTENT

    Creashop.ai may also make available through the Services text, graphics, audio, video, and images of works of art, some of which are owned by Creashop.ai, and some of which are made available under license by a third party. Creashop.ai authorizes you to download, view and print Creashop.ai-owned Content solely for your personal use in visiting the Services and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For Creashop.ai-licensed Content, the scope of your rights thereto will be sole as set forth in the applicable license agreement that governs the use of such content, as identified on the Services where such content appears. Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such Creashop.ai-licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Creashop.ai or its licensors, except for the licenses and rights expressly granted in these Terms.

    CREASHOP.AI’S INTELLECTUAL PROPERTY

    The Services and Creashop.ai Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Creashop.ai and its licensors exclusively own all rights, titles, and interests in and to the Services and Creashop.ai Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Creashop.ai Content.

    LINKS

    The Services may contain links to third-party websites or resources. You acknowledge and agree that Creashop.ai is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Creashop.ai of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

    TERMINATION AND ACCOUNT CANCELLATION

    If you breach any of these Terms, Creashop.ai will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Creashop.ai reserves the right to revoke your access to and use of the Services, Creashop.ai Content, and Member Content at any time, with or without cause. In the event Creashop.ai terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to customer@creashop.ai.

    FEES

    Creashop.ai reserves the right at any time to charge fees for access to the Services, or any portion thereof. However, in no event will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time. You agree to pay all charges that may be incurred by you or on your behalf through the Services, at the price(s) in effect when such charges are incurred. In addition, you remain responsible for any and all Taxes including VAT that may be applicable to your purchase(s), and you agree that such Taxes including VAT if any, are not our responsibility.

    PAYMENTS

    To purchase on our website, you may be asked to provide certain information, such as your credit card number, billing address, and shipping information. You represent and warrant that you have the legal right to use any payment method you provide for the purchase. We will handle your information per our Privacy Policy. You also grant us the right to share this information with third parties to complete your transaction. We may need to verify your information before accepting your order.

    CHANGES

    

    We reserve the right, with or without prior notice, to change descriptions or references to artworks, products, subscriptions, software, or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honor, or refuse to honor, any coupon, coupon code, promotional code or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

    DISCLAIMER

    BY ACCESSING OR USING OUR SERVICES, PURCHASING A WORK THROUGH OUR PLATFORM, OR POSTING ANY CONTENT ON OUR SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU DO NOT HAVE THE RIGHT TO ACCESS OR USE OUR SERVICES.

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