SMART ART TERMS OF USE

I. GENERAL TERMS

https://getsmartart.com (website) and the Smart Art app (app) are the property of Ask Connoisseur LLC (Smart Art). By accessing the website or downloading the app, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this app are protected by applicable copyright and trademark law. Smart Art reserves the right to limit or terminate your access to the service or terminate or suspend your registration for failure to comply with these Terms and any other policies posted on the service, or for any reason at any time.

Prices for Smart Art subscriptions are available in the current version of the app. Payment for Smart Art services is made by transferring funds from the user’s account to Ask Connoisseur LLC. via  Apple In-App Purchase system. The subscription is renewed automatically unless it’s been terminated by the user. An attempt to write off funds takes place according to Apple in-App Purchase internal standards and continues until the grace period of 7 days has expired. If the attempts fail, the subscription is not renewed.The minimum subscription period is one calendar month.

II. DISCLAIMER

The materials on the website and app are provided on an 'as is' basis. Smart Art makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

Further, Smart Art does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

III. COPYWRIGHT AND TRADEMARKS

Content displayed on or through the app is protected by applicable copyright laws and international conventions. Smart Art logo, icons and marks identifying Smart Art products and services are trademarks and may not be used without the written consent of Smart Art. You may not copy, reproduce, distribute, or create derivative works of the app without Smart Art’s expressed written authorization. You may not reverse engineer, decompile, alter, modify, disassemble, or otherwise attempt to derive source code from the app. Smart Art respects the intellectual property of others and we require that our users do the same. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use. 

All of artwork images are public domain or used under Fair Use clause as low quality images to represent the historically significant works of art. The official position taken by the Smart Art is that "faithful reproductions of two-dimensional public domain works of art are public domain".
This photographic reproduction is therefore also considered to be in the public domain in the United States.

IV. FEES

By using the app, you agree to pay any fees (including prepaid fees for multiple periods or recurring monthly fees) applicable to the subscription type you selected at the time of subscription. Applicable taxes, and other charges and fees incurred in order to access the app, including third party internet or mobile service provider fees, may also apply.

The subscription is auto-renewable which means that once purchased it will be auto-renewed every month until you cancel it 24 hours prior to the end of the current period. Duration of the subscription is one month with a charge of subscription price every month or 6 months, charged at the beginning of the period. You can manage your Subscription and Auto-Renewal by going to your iPhone subcription settings.

V. PRIVACY AND INFORMATION DISCLOSURE

Please review our Privacy Policy. Your use of the Service signifies acknowledgement of and agreement to our Privacy Policy.

VI. LIMITATIONS OF SERVICE

You acknowledge that Smart Art may establish limits concerning use of the app, including the maximum number of days that content will be retained by the app, the maximum number and size of postings, email messages, or other content that may be transmitted or stored by the app, and the frequency with which you may access the app. You agree that Smart Art has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the app. You acknowledge that Smart Art reserves the right at any time to modify or discontinue the service (or any part thereof) with or without notice, and that Smart Art shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.

 

VII. TERMINATION OF THE SERVICE

You agree that Smart Art in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the app (or any part thereof), immediately and without notice, and remove and discard any content within the app, for any reason, including, without limitation, if Smart Art believes that you have violated these Terms. Further, you agree that Smart Art shall not be liable to you or any third-party for any termination of your access to the app. Further, you agree not to attempt to use the app after said termination.

 

VIII. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK, WITHOUT WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, ACCURACY, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SMART ART DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SMART ART DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SMART ART WEBSITE OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS THEREON. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

IXLIMITATIONS OF LIABILITY

IN NO EVENT SHALL SMART ART BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, RESULTING FROM ANY ASPECT OF YOUR USE OF THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SERVICE, FROM INABILITY TO USE THE SERVICE, FROM YOUR INTERACTIONS WITH OR ADVICE GIVEN BY SPECIALISTS THROUGH THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SERVICE (EVEN IF SMART ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SMART ART WEBSITE OR APP OR ANY LINKS THEREON, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE APP OR ANY LINKS ON THE SMART ART WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

THE MAXIMUM LIABILITY OF SMART ART AND ITS AFFILIATES AND ITS OR THEIR RESPECTIVE THIRD-PARTY SERVICE PROVIDERS, LICENSORS AND SUPPLIERS TO YOU UNDER ALL CIRCUMSTANCES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN SMART ART AND YOU. THE SERVICE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

ANY CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS MUST BE INSTITUTED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE OR BE FOREVER WAIVED AND BARRED. ALL ACTIONS SHALL BE SUBJECT TO THE LIMITATIONS SET FORTH IN THESE TERMS & CONDITIONS.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

X. GENERAL INFORMATION

These Terms and the relationship between you and Smart Art shall be governed by the laws of the State of Delaware without regard to its conflict of law provisions. The failure of Smart Art to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

 

XI. VIOLATION OF TERMS

Please report any known violations of these Terms to feedback.smartart@gmail.com.