1. Acceptance of Terms

By accessing or using Where's My Art? ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

2. Eligibility

You must be at least 18 years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into these Terms.

3. Account Registration

To use certain features of the Service, you must create an account. You agree to:

Provide accurate and complete information during registration
Maintain the security of your account credentials
Notify us immediately of any unauthorized access to your account
Be responsible for all activities that occur under your account

4. Subscription and Payments

The Service offers both free and paid subscription plans. For paid plans:

Payments are processed securely through Stripe
Subscriptions automatically renew unless cancelled before the renewal date
You may cancel your subscription at any time through your account settings
Refunds are provided at our discretion and evaluated on a case-by-case basis
We reserve the right to change pricing with 30 days notice

5. User Content

You retain all ownership rights to the artwork and content you upload to the Service ("User Content"). By uploading User Content, you grant us a limited, non-exclusive license to:

Store and process your artwork for the purpose of providing the Service
Create thumbnails and derivatives necessary for the search functionality
Display your content to you within your account dashboard

We do not claim ownership of your artwork and will never sell, license, or distribute your content to third parties without your explicit consent.

6. Acceptable Use

You agree not to:

Upload content you do not own or have rights to
Use the Service for any illegal purpose
Submit false or fraudulent DMCA claims
Attempt to circumvent any security measures
Use automated systems to access the Service without permission
Interfere with or disrupt the Service

7. DMCA Authorization and Disclaimer

By using the Service, you authorize us to act on your behalf to:

Send DMCA takedown notices to website operators, hosting providers, and platforms
Contact third parties regarding potential infringement of your artwork
Represent that you are the copyright owner or authorized to act on behalf of the owner

Important disclaimers:

We are a technology platform, not a law firm
Our tools do not constitute legal advice
You are solely responsible for verifying that any DMCA claim you authorize is valid
You warrant that you own the copyright to artwork you upload or are authorized to act on behalf of the owner
False DMCA claims may result in legal consequences for you, including perjury
We recommend consulting with a legal professional for complex copyright matters

8. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access. We may:

Modify or discontinue features with or without notice
Perform maintenance that temporarily limits access
Experience outages due to factors beyond our control

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Termination

We may terminate or suspend your account immediately, without prior notice, if you breach these Terms. Upon termination:

Your right to use the Service will cease immediately
We may delete your account and associated data
Provisions that by their nature should survive will remain in effect

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use of the Service after such notification constitutes acceptance of the updated Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at:

support@wheresmyart.com