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Terms & Conditions of Use

Last Updated: January 1, 2023

Welcome to Artchway! Thank you for visiting Our growing community of artists and changemakers. To make the most of Your Website experience, please read these Terms and Conditions carefully before Using Our Service. Use of Our Service constitutes Your acceptance of Our Terms and Conditions.

Artchway (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Artchway, LLC, located at 9436 W. Lake Mead Blvd. Ste 5 #1093, Las Vegas, Nevada 89134.

Our official website address is https://www.artchway.com and accessible to the public, where permitted, 24 hours a day, worldwide. You can Contact Us anytime by visiting Our Contact Page.

If You have any questions regarding the content of Our Terms and Conditions, please Contact Us or email support@artchway.com. We typically respond within one (1) to two (2) business days.

TERMS & CONDITIONS: Interpretations & Definitions

The words below have meanings defined under Our interpretation and Use of the terms. The following definitions shall have the same meaning regardless of whether they appear in singular or plural form. For the purposes of these Terms and Conditions:

  • Affiliate means an entity that controls, is controlled by or is under common control with a party. “Control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
  • Country refers to: the United States of America, abbreviated as U.S.A., U.S., or the United States.
  • Company (referred to as either “the Company”, “We”, “Us” or “Our” in this Agreement) refers to Artchway, LLC, 9436 W. Lake Mead Blvd. Ste 5 #1093, Las Vegas, Nevada 89134.
  • Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
  • Service refers to the Website.
  • Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the Company regarding Use of the Service.
  • Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
  • Website refers to Artchway (Stylized as “ΔRTCHWΔY”), accessible for browsing 24 hours a day online by visiting: https://www.artchway.com
  • You means the individual accessing or Using the Service, the company, or other legal entity on behalf of which such individual is accessing or Using the Service.

Acknowledgment of terms & conditions

These are the Terms and Conditions governing the Use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the Use of the Service.

Your access to and Use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all Visitors, site Users, and others who Access or Use the Service.

By Accessing or Using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not Access the Service.

You represent that You are at least the age of 13 or older. The Company does not permit those under the age of 13 to Use the Service.

Your Use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy. Our Privacy Policy describes Our policies and procedures on the collection, Use and disclosure of Your personal information. This includes when You Use the Application or the Website. It also tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before Using Our Service.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company. When You exit Our website, You leave behind most of the protections contained within Our Terms and Conditions.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, protocols, views or practices of third-party websites or services. You also acknowledge and agree that the Company shall not be held responsible or liable, directly or indirectly, for any damages or losses, caused or alleged to be caused, by or in connection with the Use of, or reliance upon, any such content, goods, or services available on or through Our website or services.

We strongly advise You to read the terms and privacy policies of any third-party websites or services You visit.

SUSPENSION & Termination

We may suspend or terminate Your access immediately and/or at any time, without prior notice or liability. We may do this for any reason, including, without limitation, if You breach any aspect of these Terms and Conditions. The Company’s judgment of Your Use of its website and services shall influence and/or determine whether or not Your access may be suspended or terminated, should such an assessment become necessary.

Upon suspension or termination, Your right to Use the Service will cease immediately. Additionally, You will be banned indefinitely by identification and IP address from further Use of the site. A User who is suspended or has had their account terminated may not request appeal for reinstatement. All reinstatements, if any, of User rights and/or Access will be determined by the Company at its sole discretion.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Conditions, Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal or professional injury, loss of privacy arising out of or in any way related to the Use of or inability to Use the Service, third-party software and/or third-party hardware Used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails to achieve its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. This means that some of the above limitations may not apply. In these states, each party’s liability will be limited to the greatest extent permitted by law.

‘As-Is’ & ‘As-Available’ Disclaimer

The Service is provided to You “As-Is” and “As-Available,” with any faults or defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking. It makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, appear error-free, or that any errors or defects can or will be corrected.

NO WARRANTY

Without limiting the foregoing, neither the Company nor any of the Company’s providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are guaranteed to be free of errors, viruses, scripts, trojan horses, worms, malware, or other harmful components.

Some jurisdictions do not allow exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer. Therefore, some or all of the above exclusions and limitations may not apply to You. In such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country of the United States of America, excluding its conflicts of law rules, shall govern these Terms and Conditions. They also govern Your Use of the Website and Our Service. Your Use of the Website and/or Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concerns or disputes pertaining to the Service, You agree to first try to resolve the dispute informally by contacting the Company directly. You can do this either through Our Contact Page or by sending an email to Our Support Team at support@artchway.com

Terms & Conditions For European Union (EU) Users

Also, if You are a European Union consumer, You will benefit from any mandatory provisions of the laws of the country in which you reside. Please inquire where applicable. If You have any questions about Our compliance with EU GDPR regulations, please contact Our Data Protection Officer by email 24 hours a day. Our Data Protection Officer can be reached through Our Support Team at support@artchway.com. Please input “DPO” into Your subject line.

United States Legal Compliance

Additionally, You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo, economic and/or political sanctions, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on, or affiliated with, any United States government list of prohibited or restricted parties.

Severability & Waiver

Furthermore, If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted. This occurs under direction by Artchway, to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions will continue in full force and effect.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not affect a party’s ability to exercise such rights or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Translation & Interpretation for Terms & Conditions

These Terms and Conditions may have been translated if We have made them available to You on Our Service. We cannot guarantee which language translation the texts of Our Website may adhere to as it is Used and customized by visitors. However, you agree that the original English text shall prevail in the case of a dispute regarding language, translation or interpretation.

Changes to Terms & Conditions

Artchway reserves the right, at Its sole discretion, to modify or replace these Terms and Conditions at any time. We will make reasonable efforts to provide 30 days notice prior to new terms and conditions taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or Use Our Service after revisions become effective, You agree to be bound by revised terms. Regardless of when they may occur, in perpetuity to Our revision procedure for updating Our Terms and Conditions. If You do not agree to the new terms, or prior terms, either in whole or in part, please proactively stop Using the Website and the Service.

Contact Us Anytime

If you have any questions about these Terms and Conditions, You can contact support in two ways. We typically respond within one (1) to two (2) business days: