Terms and Conditions
Effective Date: October 18, 2024
These terms and conditions of use (the "Terms") apply exclusively to your access to, use of, and transacting via the website, ATTA Curated, offered by ATTA Curated LLC ("Company" or "we" or "us" or "our"), located at attacurated.com (the "Site") an online art gallery and e-commerce platform for the purchase of find art prints. (the "Services"). These Terms do not alter in any way the terms or conditions of any other agreement You may have with the Company, its subsidiaries, or affiliates, for products, services or otherwise.
If you ("You") are using the Site on behalf of any entity, You represent and warrant that You are authorized to accept these Terms on such an entity's behalf, and that such entity agrees to indemnify the Company for any and all violations of these Terms.
Please read these Terms carefully. By visiting, accessing, using, or transacting on the Site, You agree to be bound by the terms stated herein, and your continued use of the Site after any updates made to it are equally binding. By visiting the Site, it is inferred that you agree to these terms.
Company's privacy policy can be found here (the "Privacy Policy"). The Privacy Policy is incorporated into and is an integral part of these Terms. By accessing or using the Site in any way, You agree that your information may be collected, stored, shared, processed, and used in accordance with these Terms and the Privacy Policy.
GENERAL TERMS and CONDITIONS
- In the event that You are asked or choose to create an account on the Site, You agree to provide only true and accurate information in connection with any such account, and to update all such information as necessary to keep it both accurate and current.
- The Services are available only to and may only be used by individuals who can form legally binding contracts under applicable law. If You are under the age of 18, You may use the Site only in conjunction with, and under the supervision of, a parent or legal guardian. If You do not qualify, please do not use the Site.
- You are responsible for maintaining the confidentiality of an account password, and for all activities undertaken by You on the site or that occur under and/or through your account and password. You agree to notify us immediately if You suspect or become aware of any unauthorized access to or use of your account or password or other breach of security on the Site.
- You must not abuse, harass, threaten, impersonate, or intimidate anyone on the Site.
- You must not modify, adapt, or hack the Site or create or modify a third-party website in order to falsely imply that it is associated with or is an agent of the Site or Company.
- Your right to register for an account and use the Site is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense, or otherwise transfer your account or any access to or use of the Site, to any third party.
- You must not transmit any worms or viruses or any code of a destructive nature that could affect the Site, the Company, or its users.
- All original content is owned by Company, by others who have licensed their content to the Company, or by any third-party websites to which the Site links. The Site is protected by U.S. and international copyright laws, trademark laws, and other proprietary rights and laws. The Site is also protected as a compilation and collective work under U.S. and international copyright laws.
- These Terms do not grant You any ownership over any content, any license to use the content, or any intellectual property rights in any content, beyond that which is permitted by virtue of the fact that You are visiting the Site or transacting via it.
- You are not permitted to post content directly to the site. You represent and warrant that should You do so or attempt to do so, any such content shall not violate the rights of any third party, and You hereby indemnify Company and hold it harmless from and against any claims which may arise as a result of any third party bringing an intellectual property claim against the Company.
- These Terms do not grant You the right to use any of the Company's trademarks, service marks, logos, product names, domain names, or other distinctive features in any way. Company reserves all rights not specifically granted to You in these Terms.
- Company may, but has no obligation to, remove content and accounts that it determines, in its sole discretion, may be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violates any party's intellectual property rights, the Terms, or the Privacy Policy.
- If You have created an account, You can remove it at any time by requesting that we delete your account. Once deleted, the Company retains the right to continue to communicate with You for any reason relating to transactions that may remain open at the time of your deletion. The data that will be stored by Company after You have deleted your account shall be aggregated and anonymized and will not be able to be used by anyone to identify You or your household.
- The Company reserves the right to adapt, modify, redesign, suspend, or terminate the Site for any reason and without notice at any time.
- The Company has no liability to You for any failure to perform, or delay in performance of, any of its obligations, that are caused by any event or circumstance beyond its reasonable control including, without limitation, terrorist attacks, acts of God, wars, embargos, riots, strikes, lock-outs and other industrial disputes, breakdown of systems or networks assess, flood, fire, earthquake or other natural disaster, explosion, pandemic, government action, or accident. For information regarding a third-party's obligations to You, please visit its website.
RETURN POLICY
Each piece of fine art photography from ATTA is crafted uniquely upon order. Due to their bespoke nature, all sales are final with no returns or exchanges. However, if your print happens to arrive damaged, please document the issues with photos and promptly email us at support@attacurated.dfprints.com. Please include in the body of the email: your order number, the shipping ID or item number, a brief description of the damage.
We will assess the situation and respond to your inquiry as soon as possible. Your request will be processed within 7 days and you will receive an email letting you know your replacement is under production and a return shipping label for the damaged product. To return your item(s) please pack them in the original box.
To ensure a prompt resolution, it's essential to contact us within a week of receiving your order. Beyond this period, we may not be accountable for damages incurred during delivery.
If you reside in the EU, please visit this link for more information regarding returns.
INTELLECTUAL PROPERTY RIGHTS
§ Copyrighted material is owned by the copyright holder at all times. Site users may not reproduce copyrighted material without express written permission from the Company and, if different from the Company, the copyright holder. For the sake of clarity, a copyright holder is that person or entity which owns the copyright in and to any photography, text, illustration, video, sound, or other copyrightable work appearing on the Site.
§ Unless otherwise indicated, the Site is Company's proprietary property and, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site and the trademarks, service marks, and logos contained therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Company owns and retains, solely and exclusively, all rights, title, and interest in and to the Site, the look and feel, design and organization of the Site and its content, and the compilation of all content on the Site, including all copyrights, moral rights, trademark rights, trade secrets, patent rights, database rights, and other intellectual property and proprietary rights therein.
§ Except as expressly provided in these Terms, no element of the Site, including Company's trademarks, service marks, and logos, may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Company's express written permission.
§ You are granted a limited, non-exclusive license to access, use, and transact on the Site, which license may be revoked by the Company at any time and in its sole discretion.
USER DATA
Company will maintain certain data that You transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site.
You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
For further information regarding how your data is used by us, please refer to the Company's Privacy Policy.
RELEASE
In the event that You have a dispute with one or more users, You hereby release Company and its officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected, and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available.
As a user of the Site, You agree not to:
- Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Utilize the Site, any content on the Site, or any underlying coding of the Site in the creation of any software, model, algorithm, or generative AI system. This includes, but is not limited to, using for training, fine-tuning, or supporting the development or functioning of machine learning or artificial intelligence (AI) systems, including applications such as retrieval-augmented generation.
- Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in the Company's sole discretion, the Company or the Site, or harass, intimidate, or threaten any of the Company's employees or agents engaged in providing any portion of the Site to You.
- Use any information obtained from the Site in order to harass, abuse, or harm another person.
- Submit false reports of abuse or misconduct or use the Site in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice, if any, from the Site.
- Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats, bugs, and cookies.
- Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site or engage in unauthorized framing of or linking to the Site.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site, or copy or adapt the Site's software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
**SITE MANAGEMENT **
We reserve the right to: (1) monitor the Site for violations of these Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable the Site or any portion thereof; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
MODIFICATIONS and INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIABILITY
IN NO EVENT SHALL COMPANY OR ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
THE COMPANY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ITS SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE AMOUNT OF FEES PAID BY YOU TO COMPANY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) USD $100.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
INDEMNIFICATION
You agree to defend, indemnify, and hold the Company harmless, including its subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) any fees paid to us by You; (2) use of the Site; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; (5) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, and You agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
LEGAL COMPLIANCE
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of items.
NOTICES
Any notices shall be sent to the Company at info@attacurated.com. Notice shall be deemed given twenty-four (24) hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, the Company may give You notice at the email provided by You or by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such cases, notice shall be deemed given three (3) days after the date of mailing, or if sent by email twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on the Site, satisfy any and all legal requirements that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
DISPUTES AND GOVERNING LAW
In the event that a dispute arises between You and Company, please contact us at info@attacurated.com.
These Terms and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes") brought by either You or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 14 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org.
Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will render a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in New York, New York.
Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in New York, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.
Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms. In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
MISCELLANEOUS
These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment, or agency relationship created between You and us as a result of these Terms or use of the Site. You agree that these Terms will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses You may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
TERM AND TERMINATION
These Terms shall remain in full force and effect while You use the Site. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the site, without warning and for any reason, at our sole discretion.
If we terminate or suspend your account for any reason, You are prohibited from registering and/or creating a new account under your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
PARENTAL CONTROLS
Parental control protections that may assist You in limiting access to material that is harmful to minors (such as computer hardware, software, or filtering services) are commercially available. If You are interested in learning more about these protections, information is available at http://www.safetysurf.com/ or other analogous sites providing information on such protections. The preceding link is provided for information purposes only and is not intended as an endorsement of Safety Surf's internet site, services, or policies. Company is not affiliated with Safety Surf.
QUESTIONS, COMMENTS, CONCERNS
If You have any questions regarding any aspect of this document, please contact the Company at info@attacurated.com.