Last updated: June 8th, 2017
Easel is a U.S. company subject to U.S. laws and jurisdictions. Presently, any guidelines, terms, and other policies are only available in English.
Accepting the Terms of Service
Please read these Terms of Service and our Community Guidelines (collectively, the “Agreement”) before using easelforart.com or any other applications, mobile applications, domains, products, services, or content provided by Easel Inc. (collectively, the “Services”). Easel Inc. is a California corporation, collectively with its agents, representatives, consultants, employees, officers, and directors (“Easel”, “we”, or “us”). By using or accessing the Services, you (“Subscriber” or “you”) agree to be bound by all the terms and conditions described here in this Agreement. If you, for any reason, don’t agree to all of the terms described in this Agreement, you shouldn’t, and aren’t permitted to, use the Services. Parts of this Agreement that apply only to users available for commission (“Artists”) and parts of this Agreement that apply only to users commissioning Artists (“Buyers”) will be explicitly labeled in this Agreement. Any part of this Agreement not explicitly mentioned as applying to only Artists or only Buyers applies to all who use or access the Services. This Agreement exists to protect you and us in use and operation of the Services.
Modifications of this Agreement Easel reserves the right to modify this Agreement by (1) posting a revised Agreement on and/or through the Services and (2) providing notice to you that this Agreement has changed, generally via email where applicable, and otherwise through the Services. No Modifications to the Agreement will apply retroactively. Monitoring modifications to the services by reading and understanding these notices is a responsibility you accept by using the Services. If you do not agree to modifications to this Agreement in the future, you are not permitted to use the Services when those modifications to the Agreement have taken effect. Your use of the Services following a modification to this Agreement and our effort to notify you of the modifications to this Agreement constitutes your acceptance of the terms of the Agreement as modified.
Using the Services
No individual under the age of the thirteen (13) may use the Services, provide us with any personal information, or otherwise interact with the Services. You may only use the Services if you can form a binding contract with Easel and are not legally prohibited from using the Services.
Service Changes and Limitations:
The Services change frequently, and their form and functionality may change without prior notice to you. Easel retains the right to create limits on and related to the use of the Services in its sole discretion at any time with or without notice. Easel may impose limits on certain aspects of the Services or restrict your access to parts or all of the Services without notice or liability. Easel may change, suspend, or discontinue any or all of the Services at any time, including but not limited to the availability of any product in the Services, feature, database, service, or content. Easel may also terminate or suspend Accounts (as defined below) at any time, in its sole discretion.
Limitations on Automated Use:
You may not, without express prior written permission from us, do any of the following while accessing or using the Services: (a) tamper with, access, or monitor non-public areas of the Services, or the computer or delivery systems of Easel and/or its service providers; (b) probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; (c) access, search, or attempt to access or search the Services by any means (automated or otherwise) other than through our publicly-available search interfaces provided by Easel or unless permitted by Easel’s robots.txt file or other robot exclusion mechanisms; (d) Scrape the Services, and particularly scrape Content (as defined below) from the Services; (e) use the Services to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers, browser cookies, browser user-agents, email headers, device versions, or geolocations; (f) Interfere with, or disrupt, (or attempt to do so), the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.
Use of Payments Infrastructure
Payment processing services for Artists on Easel are provided by Stripe and are subject to the Stripe Connected Account Agreement (https://stripe.com/connect-account/legal), which includes the Stripe Terms of Service (https://stripe.com/legal) (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as an Artist on Easel, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Easel enabling payment processing services through Stripe, you agree to provide Easel accurate and complete information about you and your business, and you authorize Easel to share it and transaction information related to your use of the payment processing services provided by Stripe.
Registrations, Easel URLs, and Security
As a condition of using certain of the Services, you may be required to create an account (an “Account”) and select a password and Easel username, which will serve as a default link to your default Easel profile of the form www.easelforart.com/username (an “Easel URL”). You agree to provide Easel with accurate, complete, and updated registration information, particularly your email address.
You are responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Easel immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
Content and Subscriber Content
For purposes of this Agreement: (1) the term "Content" means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services; (2) the term "Subscriber Content" means Content that a Subscriber submits, transfers, or otherwise provides to the Services. Content includes, without limitation, all Subscriber Content.
Your Rights in Subscriber Content:
Subscribers retain ownership and/or other applicable rights in Subscriber Content, and Easel and/or third parties retain ownership and/or other applicable rights in all Content other than Subscriber Content.
Subscriber Content License to Easel:
When you provide Subscriber Content to Easel through the Services, you grant Easel a non-exclusive, worldwide, royalty-free, sub-licensable, transferable right and license to use, host, store, cache, reproduce, publish, display (publicly or otherwise), perform (publicly or otherwise), display (publicly or otherwise), perform (publicly or otherwise), distribute, transmit, modify, adapt (including, without limitation, in order to conform it to the requirements of any networks, devices, services, or media through which the Services are available), and create derivative works of, such Subscriber Content. The rights you grant in this license are for the limited purposes of allowing Easel to operate the Services in accordance with their functionality, improve the Services, and develop new Services. The reference in this license to “creating derivate works” is not intended to give Easel a right to make substantive editorial changes or derivations. You also agree that this license includes the right for Easel to make all publicly-posted Content available to third parties selected by Easel so that those third parties can syndicate and/or analyze such Content on other media and services. This includes, but is not limited to, search engines. Note also that this license to your Subscriber Content continues even if you stop using the Services, primarily because of the social nature of Content shared through the Services. You also agree that you will respect the intellectual property rights of others, and represent and warrant that you have all of the necessary rights to grant us this license for all Subscriber Content you transfer to us.
Termination and Deletion:
On termination of your Account, or upon your deletion of particular pieces of Subscriber Content from the Services, Easel shall make reasonable efforts to make such Subscriber Content inaccessible and cease use of it; however, you acknowledge and agree that: (a) removed Subscriber Content may persist in caches or backups for a reasonable period of time and (b) copies of or references to the Subscriber Content may not be entirely removed.
Use of Trademarks
Any use of Easel’s trademarks, branding, logos, and other such assets in connection with the Services shall use Easel’s approved branding.
Your access to and use of the Services or any Content is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, EASEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Easel makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system, or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Easel also makes no representations or warranties of any kind with respect to Content; Subscriber Content, in particular, is provided by and is solely the responsibility of, the Subscribers providing that Content. No advice or information, whether oral or written, obtained from Easel or through the Services, will create any warranty not expressly made herein.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EASEL AND THE EASEL AFFILIATES SHALL NOT BE LIABLE FOR: (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF: PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR SUBSCRIBER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT EASEL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF EASEL AND THE EASEL AFFILIATES, FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE GREATER OF ONE HUNDRED DOLLARS (US $100.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICE(S).
Exclusions to Warranties and Limitation of Liability
Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability as set forth in Section 9, so the limitations above may not apply to you.
Either party may terminate this Agreement at any time by notifying the other party. Easel may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement. In particular, Easel may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement or violation of the community guidelines.
Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to Easel or any third party.