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Patterns and Motifs for Apparel, Interiors, Home & Living, and Products.
TRADE LOG IN
Terms of Service
Arty Hearts Pty Ltd is comprised of several businesses. The businesses collectively provide goods and services, along with digital assets to provide companies with creative assets and products for various agreed uses. The collective businesses and company operate digital assets inclusive of websites, applications, mobile services, and some physical products available through our own physical outlets and that of retail partners as well as corporate and private clients. The library contains a collection of hand-painted assets that have been transformed into digital assets and can be printed under license onto any product or textile. Each design is provided as a seamless pattern with additional digital motifs and background options. Arty Hearts Pty Ltd and Katrina Read remain the owners of all intellectual property indicated.
This document explains the terms by which you may utilise our goods and services made available online and through websites, mobile services, applications, and anything in connection in relation to the purchase and trade of our goods and services. The terms are applicable to, but not limited to, artyhearts.com, katrinaread.com.au, katrinaread.com, and any subdomains thereof.
By using the services or products and creating an account you therefore agree to abide by the terms and conditions of the licensing agreements by ticking the “I agree” box, or in any other use or access of our services. You (1) agree that you have also read and understood our terms and agree to be bound by the Terms and Conditions of these Terms of Service, and (2), you have also read, understand and agree to the collection and use of your personal information as set forth under our privacy policy (“the Privacy Policy). The Terms of Service apply to all users and buyers of our products and services as well as site visitors who hereby access our goods and services. By registering your account with us on behalf of another company or entity you hereby acknowledge that you (i) “you” are included in that entity, and (ii) that you warrant that you are an authorised representative of that entity and are authorised to bind the entity to these terms and conditions and agree with the Terms and Conditions outlined in our Terms of Service.
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PLEASE READ OUR TERMS CAREFULLY AND BE SURE YOU ARE UNDERSTANDING FULLY THESE TERMS AND CONDITIONS OUTLINING OUR LEGAL RELATIONSHIP WITH YOU AND OUR MUTUAL RIGHTS IN RELATION TO THE USAGE OF OUR SERVICES.
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If you have any questions, please don’t hesitate to contact us or a member of our support team.
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1. USE OF SERVICE.
Our services provide users to purchase and license digital assets within our sites inclusive of digital seamless patterns, motifs, and animations, but not limited to these assets (“Assets”). Some of the services provided allow a buyer (“Buyer”) to acquire limited licenses (in accordance with the applicable license indicated) and to use these digital assets in the capacity agreed in the Licensing Terms and Conditions as agreed.
(i) Eligibility.
You may use this service only if you are forming a binding contract with Arty Hearts Pty Ltd in compliance with our terms and conditions and all applicable local, state, National, and International laws and their rules and regulations. We maintain the right to refuse or block any persons or company violating our intellectual property rights and the terms and conditions outlined in our Terms of Service.
(ii) License Terms.
As stated above, the use of our digital asset portfolio and any products represented is subject to the applicable License Terms. Please ensure you review the various licenses available and their rights and restrictions to ensure you are selecting the correct license you require.
(iii) The Services.
You are hereby granted a non-exclusive, limited, non-transferable, freely revocable right to use the Services for your use as permitted under outlined in our Terms and Conditions. Arty Hearts Pty Ltd and its related entities reserve the right to revoke this right at any time for any reason or no reason.
(iv) Your Trade Account.
By registering with our website you will be given access to the services and features created by Arty Hearts Pty Ltd which we may modify from time to time, engage in updates, remove prints or patterns, and update products and services. We also maintain different accounts and websites for different purposes which may at times provide different products or services.
(v) Privacy Information and storage of your data.
By connecting to the Services with a third-party service (e.g., via your Facebook or Google account), you hereby agree to give us permission to access and use your information from that service as permitted by that service, and to store your login credentials for that service. You are responsible for tracking all activity on your own account, and you agree to the following:
In choosing to connect to us via a third-party provider (eg. Facebook or Google) you agree to give us permission to access your information from that service as permitted by that service and to store your login information for that service. You are hereby responsible for tracking the activity on your account, and you agree to the following for the protection of your personal data.
1. That you will notify us of any unauthorized use or security breach. We will not be liable for any liability, damage, cost, loss or expense caused by or in connection with any unauthorised use of your account.
2. You hereby agree that you will never share login details or account access with anyone, including clients or team members unless explicitly permitted by additional terms applicable to your account type.
3. To accept responsibility for activity that occurs under your account(s).
4. That you will never "sell”, transfer our assets, or make available your account to a third party outside your organisation or person other than authorised person/s.
5. To secure and store all your usernames and passwords securely.
(vi) Enforcement, Monitoring, and Termination.
Arty Hearts Pty Ltd reserves the right to monitor downloads and user activity to ensure compliance to our Terms and Conditions and to ensure compliance with our user license agreements. We reserve the right to monitor this activity to ensure the security of our services, and any fraudulent activity and for the protection of our members and users to maintain compliance to the applicable laws within the designated jurisdictions. We may, without notice, make amendments to our services and any features, or cease service at our discretion. We may also make limits to the usage of our products from time to time to allow us to create new content or services without notice. We maintain the right to terminate or suspend access to our products or services without notice and for any reason and you continue to be bound by these terms and conditions. We will not be liable for any loss of data or corruption of files in relation to user content.
2. Notifications and Emails.
By providing us with your email address, you consent to Arty Hearts Pty Ltd using this nominated email address to send you service-related information, including any notices required by law, in lieu of any communication otherwise via physical mail. In accordance with any applicable laws, we may also use your email to send you messages regarding changes to products and services, updates, new features, and any special offers. We may also provide you from time to time with notifications regarding marketing, and other business-related purposes via email, “push’ mobile notifications, or written or hard copy notices where required. You can manage your email notification preferences in your account settings. You may also opt-in or out of our newsletters or any communications at any time by clicking ‘unsubscribe’ at the base of any communications or by contacting support@artyhearts.com. It is understood that this may mean you are not updated on new products or services, or any site maintenance notifications and we are not responsible if you do so.
3. Rules of Service. You hereby agree that you will not engage in any of the following.
(i) You agree that you will not engage in any activity that violates our legal rights in relation to the copyright and infringement of our digital assets by copying, disclosing any part of our business and services, or by the distribution of any of the material in relation to our digital assets, without limitation, both by automated and non-automated methods.
(ii) Transmitting unsolicited material via our service is prohibited.
(iii) Using our goods or services for any harvesting or commercial solicitation purposes.
(iv) Attempt to access our digital assets via a third-party provider.
(v) You hereby agree you will not engage in activities that compromise the integrity of our products or will attempt to interfere with or compromise the integrity of our systems.
(vi) Attempt to bypass any of our security set up by our systems in the protection of our digital assets preventing access to the service that are intended to protect or restrict the copying of our content and assets.
(vii) Misrepresent or impersonate another user, your affiliation with a corporation or user, or engage in fraudulent activities to attempt to hide or mask your identity.
(viii) Upload or install malicious viruses, worms, or other data and software through our user content or files.
(ix) The use of any automated systems to access the sites to ping requests to Arty Hearts servers greater than a human can generate in the same timeframe to restrict or limit access to the nominated website's servers. (This excludes operators of public search engines who require permission to use materials from our sites to enable public search engines of our products or services that are necessary for the requirements of viable search engines, excluding caches or archives)
(x) Interfering with the functionality of the site and service by deliberate actions.
(xi) Mirror or duplicate this website in any way.
4. An Outline of the Proprietary Rights.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may not exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, province, territory or other jurisdiction. This includes without limitation, all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, videography, tutorials, lessons, and photographs, except for mock-ups licensed from other users to showcase our digital books. It is accepted and understood these third-party mock-ups are not part of the digital assets for sale and are for display purposes only. User Content belonging to Arty Hearts and other licensors to Arty Hearts Pty Ltd, and all Intellectual Property Rights related thereto, as between Arty Hearts Pty Ltd and you, are the exclusive property of Arty Hearts Pty Ltd and its licensors. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights. You hereby agree not to re-license, sell, rent, decompile, reverse engineer any part of our digital assets or to, modify, distribute, make a copy, reproduce in any part, or transmit any of the designs, patterns, motifs or otherwise indicated intellectual property material in any form other than as intended. You also agree to not publicly display, publicly perform, publish, adapt, edit, or create any derivative of works from any of the content contained within these sites for any purpose that is not expressly permitted under these terms other than as licensed and authorised within our agreement. Any breach of the above by way of usage is strictly prohibited.
5. Copyright Infringement
We take claims of any copyright infringement upon our intellectual property seriously. At all times our response to any infringement will be to enforce our rights in accordance with the applicable laws.
6. Returns and Refunds of Digital assets.
Refunds are at the sole discretion of Arty Hearts Pty Ltd. Arty Hearts is under no obligation to provide a refund to any user who has been found to have downloaded and utilised a digital asset. If you are a consumer under the Australian Consumer Law, this applies to the extent that this is inconsistent with these Terms. If there is a small problem with the digital asset as defined by Australian Consumer Law (ACL) 2010 we may replace or repair the digital asset instead of offering, you a refund.
1. In the event Arty Hearts Pty Ltd provides you with a refund (under which there is no obligation to provide for change of mind) you hereby understand and agree that you must take immediate measures to retrieve and delete from all sources the product files that may have been downloaded and shared in any and all places a distribution may have occurred inclusive of all digital external storage sources, but not limited to storage services such as Google Drive, Dropbox, and any iCloud storage services.
2. You agree and understand that should a refund be processed that you are no longer permitted to make use of or exploit any digital assets inclusive of product files in part or whole by any means. You also agree and understand that this includes any licenses and content, and your usage rights are immediately revoked. It is understood by you that you are not to use the product in any form for any purpose and we must be notified within forty-eight hours of this change of mind.
3. You are obliged to notify us immediately should you become aware of any third-party breach of these terms that may be infringing on the intellectual property rights in our digital assets or services, or your licensed print, patterns, or motifs sold under exclusive rights or by a refunded product.
7. Pricing
All pricing is indicated in Australian dollars and is shown on the website as exclusive pricing rights for a term of two years. Where applicable they are inclusive of GST for Australian clients. You agree to pay the Australian dollar price (and any applicable charges and taxes) in Australian dollars for all purchases. Please contact us to discuss outright purchases of patterns and products. When a product is purchased for this period under our license agreement this product is immediately removed from sale for the duration of this agreement. The dates will be noted, and you will be offered the first right of refusal for a continuation of this license agreement for usage beyond this timeframe. We reserve the right to amend our pricing at any time. However, the price displayed will be held for your purchase once it is held in your cart even if the pricing is updated at the time of your purchase.
8. Payment Terms
No digital assets or products will be released until we have secure payment for the assets and the agreement of our terms and conditions. We accept all major credit cards and PayPal for payment of the assets. Under no circumstances do we release assets without the clearance of all payments into our account whilst there is a ‘payment pending’ status.
9. Overflow of Physical Goods Post License.
On completion of your license agreement after your two-year period, you will have a cooling off period of three months to wind down the products from sale under a ‘non-exclusive’ basis whereby we may offer this print for the license again under a non-exclusive arrangement. It is understood you will also cease any printing of any goods, including the use of any of the patterns in like or representation on any physical products.
For Digital Goods or Products
No sell-off period applies. The use, sale, distribution, or circulation in a public domain must cease immediately.
As there may be a tie-in with the six-month sale of a physical product, you are permitted to use this digital asset exclusively and directly in online advertisements, promotions, and any marketing of a physical product that features the licensed product patterns. You are permitted to utilise these assets for the same period of six months during this cool-down period to assist in the sale of these goods or products.
10. Cancellation of Agreements under Two Years.
All products must immediately cease trading, and circulating and cease by all distribution channels. Sell-off periods are excluded for any cancellation of licenses prior to the two-year licensed duration. You must take all actions to cease promoting, distribution, and the circulation of any goods both physical and in the digital form that feature any of our intellectual property for any purposes. You agree you will undertake the disposal of any remaining physical product by non-commercial measures such as by donation or destruction of the physical products. We will always work to resolve issues and disputes with you amicably and with the best possible intentions to ensure our products are available under the highest of standards and as offered.
11. Limitation of Liability.
Our products are developed and designed for digital printing. We cannot guarantee how the products offered will translate once you have applied them for your particular use. You are responsible for the application and use of the digital assets offered inclusive of the printing and manufacturing of the designs. We make no representation as to the final output and the extent to which the digital assets may be suited to your use or applications by way of any machinery or manufacturing processes and the methods utilised to achieve these outcomes. The license is for the digital pattern, motif, and files only (exclusive of any third-party provided mock-ups or renders we use in conjunction with our own product promotions). You acknowledge and agree that you are solely responsible for the outcome of your product, and we are not responsible for any of the actions or omissions of a purchaser, or former purchaser of your print designs.
Arty Hearts Pty Ltd is hereby indemnified for any special, indirect, consequential, or punitive damages, including but not limited to loss of profits, product, or business opportunities, or loss of goodwill arising of or related to this website or digital assets and that of any of our other businesses, even if advised or notified of the possibility of such damages.
We shall not be held liable or responsible for any delay or performance due to system outages, or any unforeseen circumstances if the delay is caused by circumstances beyond reasonable control.