Terms of Use


THIS IS A BINDING LEGAL CONTRACT. EACH USER (AS DEFINED HEREIN) SHOULD CAREFULLY READ THESE TERMS OF USE (“TERMS OF USE”) BEFORE USING, VIEWING OR ACCESSING THE COMPLMENTARY SERVICES OR PAID SERVICES, INCLUDING BUT NOT LIMITED TO ANY DOWNLOADABLE, TEXT MESSAGED, AND EMAILED CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THERWITH (collectively the “Services”). THE USER AGREES TO BE BOUND BY THESE TERMS OF USE, AND BE LIABLE TO THE KIVE COMPANY, A DELAWARE CORPORATION (THE “COMPANY”), FOR ANY NONCOMPLIANCE WITH THESE TERMS OF USE. IF THE USER DOES NOT AGREE TO THESE TERMS OF USE, USER SHOULD CLOSE THE WINDOW OR TAB FOR ARTKIVEAPP.COM AND NOT USE THE WEBSITE OR APP.

  1. Services.
    1. “Complimentary Services:”
      1. The “Website,” located at www.artkiveapp.com, provides Users with information about the Company’s offerings.
      2. The “App,” when downloaded to a User’s mobile devise provides Users with limited free storage of images, the ability to share and receive images, and the ability to purchase certain products and services.
      3. Company “Newsletters” provide Users with additional information about the Company’s offerings and other promotional material.
    2. “Paid Services:”
      1. A “Membership” provides access to additional storage, discounts on books, and additional savings and book credits through the Company’s Website or App conditioned on a Subscriber’s payment of the applicable monthly or annual fee (“Fee”).
      2. An “Artkive Box” provides Users (as defined below) the ability to ship art to the Company and receive the additional products and services described in subsections (iii)-(vi) below. It is available through the Website and App conditioned on a payment of applicable fees: the first payment to receive the box (“Initial Fee”) and subsequent payment for the balance based on the quantity of images and products and/or services elected (“Final Fee”).
      3. An “Artkive Book” is a printed book from images uploaded to the App or digitized through using the Artkive Box conditioned on a User’s payment of the applicable fee.
      4. A “Mosaic” is a print or framed print of multiple images uploaded to the App or digitized through using the Artkive Box conditioned on a User’s payment of the applicable fee.
      5. “Digitization” is the process whereby the Company photographs the art provided to Company in an Artkive Box. This services is only available to Artkive Customers that have purchased an Artkive Box.
      6. A “USB Drive” is a USB drive containing the artwork that has been digitized by the Company. This product is only available to Artkive Customers that have purchased an Artkive Box and Digitization.
      7. “Book Credits” and “Gift Cards” are certificates entitling the Artkive Customer or an Artkive Customer recipient to apply certain credits or funds to a future order. “Book Credits” may be used for Artkive Books purchased on the App or towards Artkive Box purchases. “Gift Cards” may be used for a specific product or service as noted on the physical or electronic gift card and as offered by the Company.
  2. Users. The users consist of the following roles (collectively the “Users,” and each individually a “User”):
    1. A “Viewer” may view publicly available content on the Website general information about Kive and its Services and may receive and view shared images from other Users through the App’s sharing capabilities.
    2. A “Reader” is an individual that has opted-in to receive the Newsletters from Company via email or other means of communication.
    3. An “Artkive Customer” is an individual that purchases an Artkive Box, Artkive Book, Mosaic, Book Credit or Gift Card.
    4. A “Member” is an individual that purchases a monthly or annual Kive Membership.
  3. License.
    1. The Company hereby grants to Users a revocable, limited, non-assignable, non-sublicensable, nonexclusive license for the duration of User’s current viewing session to access, view and use the Website and App, subject to the limitations set forth in these Terms of Use.
    2. The Company hereby grants to Readers a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to receive Newsletters, subject to the limitations set forth in these Terms of Use.
    3. The Company hereby grants to Artkive Customers and Members a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to use the Website and App to upload and share art and purchase the Artkive Box, Artkive Book, Artkive Mosaic Book Credits and Gift Cards, subject to the limitations set forth in these Terms of Use.
    4. The Company hereby grants to Members, for a period beginning on the date of purchase and expiring upon cancellation by the Member or Termination by the Company, a revocable, limited, non-assignable, non-sublicensable, nonexclusive license to access a Membership, subject to the limitations set forth in these Terms of Use.
    5. The licenses granted in subsections (a)-(d) above may be terminated immediately and without notice by the Company. All rights not expressly granted in these Terms of Use are reserved. User agrees that the license granted in these Terms of Use is personal to User, and User may not assign or transfer any license granted under these Terms of Use, or transfer any rights or delegate any duties under these Terms of Use, to any third party. Any attempt to assign, transfer, or delegate any of User’s rights, duties, or obligations under these Terms of Use shall be void. User shall indemnify and hold Company harmless for any unauthorized use of the Services, including but not limited to violations of the provisions of Section 7(a).
  4. Limitations.
    1. You must be at least eighteen (18) years old to access the Services. If you are not at least eighteen years old, you are not permitted to access the Services for any reason. User may not circumvent any technological measures or features of the Services that are intended to or effectively control access to the Services, or any other protected content or information included in the Services.
    2. The Website may contain robot exclusion headers. User agrees to not use any robot, spider, crawler, scraper or other automated means to access the Website for any purpose without the Company’s express prior written consent.
    3. User further agrees to not interfere or attempt to interfere with the proper working of the Website or App or any activities conducted on the Website or App.
    4. The Company reserves the right to refuse the use of or access to any Company Services for any User for any reason in the Company’s sole discretion.
  5. Payment and Refund of Fees.
    1. Artkive Box. Pricing for the Artkive Box and quantity of pictures shall be published on the Website. Upon purchase, Users shall be billed an Initial Fee. Upon Digitization, the Company shall invoice User for the balance remaining based on the quantity of images and the type of products and/or services ordered. Artkive Boxes order may be cancelled or changed as follows: (i) on the same day they are purchased, Artkive Box orders may be cancelled with a $5 cancellation fee, that shall be deducted from the refund, or (ii) prior to Digitization, Artkive Customers may update the Artkive Box order to cancel related Artkive Book, Mosaic and/or USB Drive orders, subject to payment in full of the Digitization Fee and any remaining products and services orders.
    2. Artkive Book. Users may purchase Artkive Books through the Artkive Box as described in subsection (a) above or through uploads through the App according to the rates published on the App and Website. Purchases made through the App shall be billed in full upon purchase. Once ordered through the App, there are no refunds for Artkive Books.
      1. Mosaic. Users may purchase Mosaic through the Artkive Box as described in subsection (a) above or through uploads through the App according to the rates published on the App and Website. Purchases made through the App shall be billed in full upon purchase. Once ordered through the App, there are no refunds for Mosaics.
    3. Digitization and USB Drives. Artkive Customers may restrict their Artkive Box purchase to Digitization and USB drive purchases. The “Digitization Fee,” is equivalent to 60% of the full price of the Artkive Box, according to the rates published on the App and Website. USB Drives can be purchased according to the rates published on the App and Website (typically $25 each). Artkive Customers shall be billed for Digitization and USB Drives as set forth in subsection (a) above. Except for cancellations of the Artkive Box made on the same day of the order, there are no refunds for Digitization. USB drive orders can be cancelled prior to Digitization and such cancellation is entitled to a full refund for the cost of the USB Drive.
    4. Book Credits and Gift Cards. Upon purchase, Artkive Customers shall be billed in full for the applicable dollar value of the Book Credit or Gift Card. The dollar value of Book Credits and Gift Cards shall never expire. There are no refunds for Book Credits or Gift Cards.
    5. Memberships. Upon purchase, Members shall be billed a Fee consisting of either (i) the entire annual payment (“Annual Fee”) or (ii) the first monthly payment (“Monthly Fee”) according to the rates and Membership tiers published on the Website or App. Thereafter, the Members who choose to pay monthly shall be automatically billed the Monthly Fee on a monthly basis until termination. Members who choose to pay annually shall be automatically billed the Annual Fee on an annual basis until termination. The Company may increase the Monthly Fee and Annual Fee due in connection with your Membership by providing thirty (30) days’ notice. Monthly Fees and Annual Fees are non-refundable.
    6. If payment is not made within 30 days, we reserve the right to process the minimum balance due using the original method of payment. The minimum balance due is the cost of digitization.
  6. Changes to Terms of Use.

    The Company reserves the right, in its sole discretion, to modify, update, or otherwise revise these Terms of Use at any time. Such revisions shall be effective immediately upon posting revised Terms of Use on the Website or App. By using the Website or App after the Company has posted any modifications, updates or revisions, User agrees to be bound by such revised Terms of Use. User shall have the right to immediately terminate use of the Services, if any modification, update, or other change to these Terms of Use is not acceptable to User. In addition to these Terms of Use, additional terms may govern use of certain materials and events associated with the Company and Services, and User agrees to be bound by such terms.

  7. Intellectual Property Ownership.
    1. User acknowledges and agrees that the trademarks of the Company, including but not limited to the logo and “ARTKIVE” wordmark (the “Marks”), the Website, the App, and the look and feel of and content made accessible by the Services (“Other Company IP”), to the extent protectable, are proprietary, original works of authorship of the Company, or licensors of the Company, protected under United States and worldwide copyright, trademark, and trade secret laws of general applicability. User further acknowledges and agrees that all right, title and interest in and to the Marks and Other Company IP and shall remain with the Company, or its licensors. User agrees not to contest or infringe these rights, directly or indirectly, at any time. Without the prior written consent of the Company, User’s modification of the content, use of the content on any other website or networked computer environment, or use of the content for any purpose other than personal, non-commercial use, violates the copyrights, trademarks or other intellectual property rights of the Company or its licensors, and is prohibited. Except as expressly provided under these Terms of Use, User may not use the Marks, the Other Company IP, or any other trademarks or copyrighted materials appearing within the Service, including without limitation any logos, without the express prior written consent of the owner of the mark or copyright.
    2. We welcome your comments about the Services. However, it is against our policy to review or consider any unsolicited submissions or suggestions because we want to avoid the possibility of future misunderstandings in the event that ideas developed by the Company might seems similar to the ideas submitted to us. Accordingly, we request that you refrain from sending us any original creative ideas, suggestions or materials, particularly those that are confidential or personal to you. If you send us any ideas, suggestions of material, it shall become property of the Company, and we will not be subject to any obligation of confidence nor liable for any use or disclosure of any submission.
    3. Upon uploading or posting photographic images, videos or any descriptive text about a photograph or video within our App or on any Company Instagram, Facebook, or social media page (“User Content”), User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty free license to display the User Content in connection with Company’s provision of the Services. Such license shall be deemed granted as of the moment of creation without the necessity of any further action on the part of either party.
    4. In the event Company has requested permission from a User to publish and distribute any specific User Content, immediately upon User’s confirmation that permission is granted, User hereby grants to the Company a non-exclusive, revocable, worldwide, royalty-free license to use, copy, sublicense through multiple tiers, publish reproduce, prepare derivative works distribute and display such User Content and any derivative works thereof. Revocation of such license shall not apply to Company’s use of the User Content to provide the User with use of the Company Services or to any Company uses of the User Content prior to the revocation.
    5. User represents and warrants to the Company with respect to the User Content that the User Content, and the license of rights in and to the User Content, do not infringe or violate any copyrights, trade secrets, or other intellectual or proprietary rights of any third party, and that posting any User Content will not violate any applicable laws, rules, or regulations. User shall indemnify and hold harmless the Company, and its officers, directors, employees, shareholders, members, managers, and agents, from and against any and all claims, demands, liabilities, and actions, including the payment of all legal expenses, including reasonable attorney’s fees and costs, arising out of or connected with any claim that the User Content or any portion of the User Content infringes the rights of any third party or any other damages arising from any use of, or reliance upon, the User Content by a third party, including but not limited to other Users of these Services. User Content includes but it not limited to all data and content, including without limitation, all photographs, images, graphics, video recordings, drawings, written descriptions, remarks, and narratives submitted by Users to the Company.
    6. User agrees not to challenge the Company’s rights in and to the Services, or to take any action inconsistent with the provisions of this Section 7 of these Terms of Use.
  8. Links to Other Websites and Promotions.
    1. The Website and App may contain links to other websites (“Linked Websites”). The Linked Websites are provided for User’s convenience and information and, as such, User accesses them at its own risk. Without limiting the generality of the foregoing, the Company is not responsible and shall have no liability for any viruses or other illicit code that may be downloaded through a link found on the Website, or by accessing a Linked Website.
    2. In the event you elect to participate in any third party promotions or engage in third party services that may have been introduced or otherwise promoted on the Website, App or Newsletter, any correspondences or participation with such third parties, including the delivery of and the payment for products, services or content, are solely between you and each such third party.
  9. Interruptions to the Services.

    User acknowledges that the functionality of this Website and App, and links to join the Newsletter are supported by third parties, and that interruptions to and failure of these sites may occur from time-to-time. Access to the Services and their functions may from time-to-time be unavailable to User, whether because of technical failures or interruptions, intentional downtime for service or changes to the Services, or otherwise, all of which are outside of the control of the Company. User agrees that any modification of the Services, and any material interruption or unavailability of access to the Services caused by third parties shall not constitute a default of any obligations of the Company under these Terms of Use, and, the Company shall have no liability of any nature to User for any such modifications, interruptions, unavailability, or failure of access. In the event the User experiences a material interruption or is unable to access content, please contact Company at: help@artkiveapp.com

  10. Notification of Potential Infringement.

    If any User believes its copyright, trademark or other property rights have been infringed by any content included or posted within the Services, User should immediately send a notification to the Company’s designated agent (“Designated Agent”), as identified below. To be effective, the notification must include: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Information reasonably sufficient to permit the Company to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted; (iv) Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit the Company to locate the material; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and (vi) A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512(c), the Company’s Designated Agent for notice of claims of copyright infringement can be reached as indicated below. The Designated Agent shall be: Ruth McKee, Artkive, 15800 Arminta Street, Van Nuys, CA 91406.

  11. Representations, Warranties, and Covenants.

    User represents, warrants, and covenants the following: (a) User shall not use its account to breach the security or gain access to the account of any other User and (b) These Terms of Use, upon use of the Services, will be valid, binding and enforceable in accordance with its terms with respect to User.

  12. Confidential Information.

    User understands that the tools, processes, strategies, materials and information presented within the Services are copyrighted and proprietary, so User agrees not to record, duplicate, distribute, teach or train from our information in any manner whatsoever without express written permission. Any information provided by the Company to User, or information used by User to access the Services, including without limitation, any user identification or password to the Website or App, (collectively “Confidential Information”) shall be maintained by User as confidential and available exclusively for User as provided in these Terms of Use. User shall not disclose any Confidential Information to anyone, except as ordered by a court of competent jurisdiction or as otherwise required by law. User shall not disclose any Confidential Information pursuant to a court order or as required by law until User has given the Company ten (10) days prior written notice and an opportunity to oppose such disclosure. Notwithstanding the foregoing, User may disclose User Content originally submitted by User.

  13. Disclaimers.
    1. THE LICENSE GRANTED TO USER UNDER THESE TERMS OF USE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY NATURE. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
    2. Company makes no representation that materials on this site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
    3. Company does not warrant that (i) the content is accurate, reliable or correct, (ii) the Services will be available at any particular time or location, (iii) any defects or errors will be corrected, or (iv) the content is free of viruses or other harmful components. Your use of these Services is solely at your own risk. Where any such exclusion of warranties are not permitted in your jurisdiction, such exclusion does not apply to you.
  14. Limitation of Liability.
    1. THE COMPANY’S ENTIRE AND CUMULATIVE LIABILITY TO USER, OR ANY OTHER PARTY, FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE services OR CONTENT SHALL NOT EXCEED AN AMOUNT EQUAL TO $50.00 OR THE AMOUNT PAID FOR A PROGRAM PURCHASED THROUGH THE WEBSITE.
    2. WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE COMPANY BE LIABLE TO USER FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF FORESEEABLE OR IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
    3. ALTHOUGH THE COMPANY WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID data and internet interuptions, THE COMPANY CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, THE COMPANY DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
  15. Termination.
    1. The Company may at any time and without notice terminate User’s license upon the occurrence of any of the following events: (i) User requests in writing to the Company that its license be terminated; (ii) User defaults under any material term or condition of these Terms of Use, or (iii) Company has determined a termination is in the Company’s best interest.
    2. Readers may terminate by selecting the option to unsubscribe in any email communication they receive or by providing the Company with written notice.
    3. Members may terminate (i) in the event Company fails to cure a material breach of its agreement to provide the license set forth in Sections 3(c) or 3(d) within ten (10) days’ written notice.
    4. Upon termination, unless otherwise agreed, all licenses granted and all services provided to User under these Terms of Use shall terminate at the end of the paid period. Specifically, the Company may terminate User’s access to the Services. However, Members’ user identifications and passwords are not typically disabled so as to facilitate future purchases. So long as the Company has not disabled the user identification or password, which it may do in its sole and absolute discretion, future purchases will not require former Members to create new user identifications or passwords.
  16. California Residents.

    If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:

    Notification of Consumer Rights Complaint or Pricing Inquiry: 3505 The Alameda, Santa Clara, CA 95050.

    You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.

    The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.

  17. Defamation; Communications Decency Act Notice.

    This site is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.

  18. General.

    These Terms of Use shall be governed by and construed in accordance with the laws of the state of California and User voluntarily submits and consents to, and waive any defense to the jurisdiction of courts located in Los Angeles County, state of California, as to all matters relating to or arising from these Terms of Use. The Company and User agree that a breach or violation of Sections 3, 4, 7, 11 and 12 of these Terms of Use will result in immediate and irreparable injury and harm to the Company, where, in addition to any and all remedies of law and other consequences under these Terms of Use, Company shall have the right to an injunction, specific performance or other equitable relief to prevent the violation of the obligation under these Terms of Use. The waiver by either party of, or the failure of either party to take action with respect to, any breach of any term, covenant or condition contained in these Terms of Use shall not be deemed to be a waiver of such term, covenant or condition, or subsequent breach of the same, or any other term, covenant or condition contained in these Terms of Use. If any action is brought by either party against the other party regarding the subject matter of these Terms of Use, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney’s fees, costs, and expenses of litigation. Any provision of these Terms of Use which is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable shall not invalidate or make unenforceable any other provision of these Terms of Use. The provisions of Sections 4 and 7-18 of these Terms of Use shall survive the termination of these Terms of Use.