PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR USE OUR SERVICES.
These Terms of Service (these "Terms") are between you and ArtCubbies LLC ("ArtCubbies," "we," "us," or "our") and apply to your access to, use of, and participation in ArtCubbies' online products and services, including the website and application located at artcubbies.com (collectively, our "Services"). These Terms do not change the terms or conditions of any other written agreement you may have with us.
We reserve the right to change these Terms at any time at our discretion, except as expressly set forth in these Terms. If we make changes, we will provide notice, such as by sending you an email, providing notice through our Services, or updating the "Last updated" date at the top of these Terms. Your continued use of our Services following the posting of any changes will confirm that you accept the changed Terms. We encourage you to review these Terms regularly. If you do not agree to the changed Terms, you must stop using our Services.
Privacy
Please refer to the ArtCubbies Privacy Policy for information about how ArtCubbies collects, uses, and discloses information about users of our Services, including information about your children's artwork that you upload.
Who Can Use ArtCubbies
ArtCubbies is a service for adults to archive and share their children's artwork. You must be at least 18 years old to create an account. You are responsible for any children's information you choose to upload, and you represent that you have the authority to upload it and to make the decisions about it that our Services allow (including sharing it with family members you invite).
ArtCubbies is not directed to children, and children are not permitted to create accounts or use the Services directly. By creating an account, you represent that you are at least 18 years old.
Account Information
To access certain areas and features of our Services, you must register for an account. We reserve the right to deny or terminate any account at our discretion. You represent and warrant that all information you provide in connection with your account is accurate, truthful, current, and complete. You will maintain the security of your account, including your password, and will promptly notify us if you discover or suspect any security breach related to your account. By registering for an account, you accept the risks of unauthorized access to the account to the extent it results from your failure to maintain its security.
Households and Access
ArtCubbies organizes content into "households." The account owner may invite others to a household and may grant them different levels of access, at the account owner's discretion. Different members may have different permissions, and we may change the access levels and features available over time. You are responsible for deciding whom to invite and what access to grant them, and for managing that access.
Use of Our Services
ArtCubbies Materials. Unless otherwise indicated, our Services and all content and materials we provide through our Services, including the ArtCubbies name, logo, designs, text, graphics, software, and the selection and arrangement thereof (collectively, the "Materials"), are the proprietary property of ArtCubbies or our licensors and are protected by U.S. and international copyright laws. This does not include Your Content (defined below), which remains yours.
License to you. Subject to these Terms, you are granted a limited, non-sublicensable, non-exclusive, non-transferable license to access and use our Services and the Materials solely for the purposes for which they are provided. Except as expressly permitted, you may not: (i) sell, resell, or commercially use our Services or the Materials; (ii) distribute, publicly perform, or publicly display any part of the Materials; (iii) modify or make derivative uses of any part of our Services or the Materials; (iv) use any data mining, robots, scraping, or similar data-gathering methods; (v) download any part of our Services or the Materials not expressly provided for download; or (vi) use any part of our Services or the Materials for anything other than their intended purposes. Any unauthorized use terminates the license granted to you and may violate applicable law.
Third-Party Products and Services. We may provide information about, or links to, third-party products and services. We do not control, endorse, or adopt any third-party information and make no representations or warranties about it. Your dealings with third parties are solely between you and them, and we are not responsible for any resulting loss or damage.
Your Content
What "Your Content" means. "Your Content" means the photographs of artwork, images, titles you edit or provide, cubby and compilation names, child names, dates, tags, and other content that you or members of your household upload to or create within the Services.
You own Your Content. As between you and ArtCubbies, you retain all ownership rights in Your Content. Uploading Your Content does not transfer ownership to us.
The limited license you give us. To operate the Services, you grant ArtCubbies a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for example, to create resized or enhanced versions and to generate titles and tags as described in our Privacy Policy), display, and distribute Your Content solely for the purpose of providing and improving the Services to you and the household members you authorize. This license exists only so that we can operate the Services (for example, to store your images and show them to your household). It ends when you delete Your Content or close your account, except for copies retained as described in the Privacy Policy and except to the extent Your Content has been shared with household members who retain their own copies.
AI-generated titles and tags. As described in our Privacy Policy, the Services use an automated AI model to generate suggested titles and tags from the images you upload. These are generated automatically and are not reviewed by us for accuracy before they appear. They may be inaccurate, may incorporate names or text visible in the artwork, and may occasionally misattribute or misdescribe a piece. You can edit or remove titles. You are responsible for reviewing titles before sharing or printing.
Your responsibility for Your Content. You represent and warrant that you own or have all necessary rights to upload Your Content, and that Your Content does not violate these Terms or any law. You are solely responsible for maintaining your own backup copies of Your Content. While our Services allow you to export your household's content at any time, we are not a backup service and are not responsible for any loss of Your Content.
Prohibited content and conduct. You will not upload, create, or share through the Services any content, or engage in any conduct, that: is unlawful, defamatory, invasive of privacy, abusive, or harassing; infringes any patent, trademark, trade secret, copyright, or other right of any party; contains the private information of a third party without authorization; contains viruses or other harmful code; sexually exploits, endangers, or abuses any child, or depicts a child in a sexual manner; or that we, in our sole judgment, find objectionable or that may expose ArtCubbies or its users to harm or liability.
You also will not: interfere with or disrupt the Services; impersonate any person or misrepresent your affiliation; harvest information about other users without permission; use the Services for any illegal purpose; or circumvent any security or access-control measures we adopt.
Child safety. ArtCubbies has zero tolerance for child sexual abuse material (CSAM) or any content that sexually exploits, abuses, or endangers a child. You may not upload, create, or share any such content, and you may not use the Services to store or transmit content that is unlawful or that depicts a child in a sexual or exploitative manner.
If we obtain knowledge of apparent CSAM or child exploitation on the Services, whether through an automated review, a report, or otherwise, we will remove or restrict access to the content and report it to the National Center for Missing & Exploited Children (NCMEC) and/or law enforcement as required by law, and we will preserve the content and related records to the extent the law requires. We may do this without prior notice to you.
We are not required to, and do not, proactively monitor or review all content you upload. Our safety measures are described in our Privacy Policy.
Purpose of the Services. ArtCubbies is provided for the specific purpose of archiving, organizing, and sharing your own children's artwork with family members you invite. It is not a general-purpose photo host, file-storage service, or backup service, and it is not intended for content unrelated to that purpose. You agree to use the Services for their intended purpose.
Our discretion over content, and our right to review. Although we have no obligation to screen, edit, or monitor Your Content, and do not proactively review all of it, we reserve the right, at our discretion and to the extent permitted by law, to access, review, remove, or disable access to any content, and to suspend or terminate accounts, at any time and without notice. We may do this in particular where we believe content or conduct violates these Terms or the law, endangers a child, or where review is necessary to operate the Services, respond to a support request, enforce these Terms, or comply with a legal obligation. We may also remove content or accounts that misuse the Services, for example by using ArtCubbies as a general photo dump rather than for children's artwork, or that otherwise fall outside the intended purpose described above.
Copyright Policy
Repeat Infringer Policy. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, ArtCubbies has adopted a policy of terminating, in appropriate circumstances and at our discretion, account holders who are repeat infringers.
Copyright Complaints. If you believe content on our Services infringes a copyright you own or control, please contact us at hello@artcubbies.com. To help us respond, please include: (a) identification of the copyrighted work you claim has been infringed; (b) identification of the material you claim is infringing, with enough detail for us to locate it; (c) your contact information (name, address, telephone number, and email); (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf. If you knowingly misrepresent that material is infringing, you may be liable for damages, including costs and attorneys' fees.
Feedback
If you submit questions, comments, feedback, suggestions, or ideas about our Services ("Feedback"), such Feedback is non-confidential, and you grant us the right to use it without restriction or compensation. This applies to ideas and suggestions about the Services; it does not apply to Your Content (your children's artwork and related information), which is governed by the "Your Content" section above and remains yours.
Representations and Warranties
You represent and warrant that: (a) you will comply with all applicable laws and these Terms when using our Services; (b) you own or have all necessary rights to Your Content; and (c) you are at least 18 years old and have the authority to upload and manage the content in your household, including any children's information.
Disclaimers
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY ARTCUBBIES, OUR SERVICES AND THE MATERIALS ARE PROVIDED "AS IS," WITHOUT WARRANTY OR CONDITION OF ANY KIND. ARTCUBBIES DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT OUR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. IN PARTICULAR, AI-GENERATED TITLES AND TAGS ARE PROVIDED WITHOUT WARRANTY OF ACCURACY. YOU AGREE THAT YOU HAVE RELIED ON NO WARRANTIES.
Our Services may be subject to limitations and delays inherent in the use of the internet. We reserve the right to modify or discontinue any or all of our Services without prior notice and disclaim liability for any such modification, suspension, or discontinuance. Because your children's artwork may be irreplaceable, we strongly encourage you to keep your own backups. While the Services are available, full members can export their household's complete archive at any time, and we recommend doing so periodically so that you always retain your own copy.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTCUBBIES OR ITS CONTRACTORS, SUPPLIERS, CONSULTANTS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (THE "ARTCUBBIES PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE ARTCUBBIES PARTIES ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNT (IF ANY) YOU PAID TO ACCESS OR USE OUR SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SOME OF THE ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING OUR SERVICES.
Indemnification
You will defend, indemnify, and hold harmless the ArtCubbies Parties from any third-party claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of our Services; (b) your conduct in connection with our Services; (c) Your Content or Feedback; (d) your violation of these Terms; or (e) your violation of the rights of another.
Venue; Governing Law
The state and federal courts located in Delaware, U.S.A. will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or our Services, and you and ArtCubbies submit to the exclusive jurisdiction of such courts. These Terms and your use of our Services are governed by the laws of the State of Delaware, U.S.A., without resort to conflict-of-law provisions.
Termination
We reserve the right, at our discretion, to terminate your license to use our Services and to block your future access, particularly for violations of these Terms. Upon termination, you may lose access to Your Content within the Services, so we encourage you to export your archive before closing your account. Our handling of Your Content after termination is described in the Privacy Policy.
General
Enforcement of these Terms is at ArtCubbies' discretion, and failure to enforce any part does not waive our right to enforce it later. If any provision is found unlawful or unenforceable, it will be replaced by a valid provision that most closely matches its intent, and the remaining provisions will continue in effect. "Including" means "including, without limitation." Section headings are for reference only.
Questions
Questions or comments about these Terms may be directed to ArtCubbies at hello@artcubbies.com.