Terms of Service

Introduction

Montclair State University, through the Mimi and Edwin Feliciano School of Business (“University” or “we” or “us” or “our”), has created a platform called Carpe Art which brings artists (“you”) and customers together. We provide a range of services and websites (collectively, the “Services”) which enable you to publish, comment on, and promote your artwork and art-related products through the Services and receive the benefits of the Services. The platform raises visibility of artists who are our students and alumnae, and to earn money from their artwork if they wish to make it available for sale outside of our Services.

Please carefully read these terms of service (“Terms”) because, before you may use the Services, you must agree to these Terms. By creating an account, publishing artwork, and otherwise using the Services, you agree to all of these Terms relating to the Services that we may amend and publish from time to time. If you are an artist who has signed up to receive notifications from us, you will receive a notice whenever we amend or update any of the Terms.

 “You” means you individually and any legal entity if you are accepting these Terms on behalf of a legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICES.

ARTWORK, CONTENT AND THIRD PARTY RIGHTS

 

Artwork and Content License

You own and retain all rights in your artwork and content. You hereby grant us a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your artwork and content in any format or medium now known or later developed anywhere in the universe for the purpose of promoting your artwork and content, producing and promoting products with your artwork and content, and providing the Services.

Contact us if you do not wish to have your artwork displayed through our websites. If you request removal or remove your artwork, we will have ninety (90) days to delete your artwork from the Services. 

YOU, AND NOT THE UNIVERSITY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR ARTWORK AND CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICES AND OFFER FOR SALE APART FROM THE SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK. You represent and warrant that:

  1. you own all intellectual property rights in your artwork and content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your artwork and content available through the Services and to grant us the rights granted in these Terms;

  2. your artwork and content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;

  3. your artwork and content do not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

  4. your artwork and content are accurate, not misleading or deceptive and do not offer or disseminate fraudulent or counterfeit goods, products, services, schemes, or promotions.

You understand that the Services contain artwork and content submitted by other artists that may be in the form of designs, images, pictures, data, text, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, or performed through the Services.  We generally do not prescreen artwork or content, and we are not responsible for examining or evaluating artwork or content, but we reserve the right to do so and may remove any artwork from our websites. You further understand and acknowledge that you may be exposed to artwork or content on our websites that you may find to be offensive, indecent or objectionable.

Linked Websites

The Services may contain links to other websites that are not owned or controlled by us. Those links are provided for convenience only and may not remain current or be maintained. We do not screen linked websites and are not responsible for the content, security, operation, or use of any linked websites or the products or services that may be offered or obtained through them. Our links to other websites is not an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites. Further, we are not responsible for the content or privacy practices associated with linked websites, and it is your responsibility to review those policies before accessing those websites. If you access linked websites, you do so at your own risk.

Copyright and Trademark 

You agree to report infringements of copyrights, trademarks, or other intellectual property rights.  We may, in our sole discretion, (i) remove individual artworks, tags, titles, or descriptions and; (ii) disable and/or terminate the accounts of artists who infringe the copyrights, trademarks, or other intellectual property rights of others. 

BUYING AND SELLING PRODUCTS

We have no responsibility to sell products, ship products, or accept payment of products as part of the Services. It is your responsibility to fulfill orders for any products.  

Payments

If products or services are made available for purchase by you, and you wish to sell the products or services, you are responsible for requesting, verifying, accepting and processing information relevant to your sale, including, without limitation, credit card number, expiration date, billing address and shipping information.

IF YOU ACCEPT CREDIT CARDS FROM CUSTOMERS FOR PAYMENTS OF YOUR ORDERS, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO ACCEPT PAYMENT BY CREDIT CARD(S) OR OTHER PAYMENT MEANS TO PURCHASE ANY PRODUCT AND/OR SERVICE.

We are not responsible for collection of payments on your behalf, or resolving any disputes between you and a purchaser of your art.

Taxes and Shipping

We are not responsible for the collection or remittance of taxes applicable to your sale of products or services. We are not responsible for production, shipping your products, or for the collection of shipping charges.  You are solely responsible for the assessment, collection, and remittance of taxes applicable to the sale of your products, and for the manufacture, production, packaging, shipping and payment of shipping costs in connection with the sale of your products.

Errors, Inaccuracies and Omissions

You are solely responsible for errors in products and services, errors in shipping, refunds, exchanges and the issuance of refunds for any amount you charged to your customers. 

No University Share

You do not pay us a share of your revenue if a customer buys a product that was displayed by us on our website.  The Services are provided at no cost to you.

ACCOUNTS

Registration and Account Information

In order for you to display your artwork through the Services, you must create an account. When creating an account, you must provide accurate, complete and updated registration and contact information. In addition, you must update your account information to keep it current and complete at all times. We may from time to time require you to provide additional information confirming your identity. You may not create more than one (1) account without our prior written approval and only if you have a good reason.

You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether the activities are authorized, and for keeping your account password secure. You agree to notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for our losses or the losses of others due to any unauthorized use. We reserve the right to require you to alter your password if we have reason to believe your password is no longer secure. We may also require you to change your password from time to time.

You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person’s account. We reserve the right to refuse to provide you with an account or cancel your account in our sole discretion, provided that such termination will not terminate our obligation to make any payments to you that may be owed.

Disclosure of Account Information

Under certain circumstances, we may disclose your account information.

You acknowledge and agree that we may access, retain and disclose your account information, artwork and content if required to do so by law or in a good faith belief that any access, retention or disclosure is reasonably necessary to: (a) enforce these Terms or the policies; (b) respond to your requests for service; (c) respond to a legal notice; (d) comply with legal process; or (e) protect the rights, property or personal safety of our company, our users or the public.

Termination of Account

  1. We may suspend or terminate your access to the Services if you are determined to be, in our sole discretion, in violation of these Terms. We may also suspend or terminate your access to all or any part of the Services or your account at any time, with or without cause, with or without notice, effective immediately.

  2. You may terminate these Terms at any time by terminating your use of the Services.

  3. On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination will survive. We will have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the Services or your account.

Upon termination we will suspend your account and remove your artwork, if any, from the Services within ninety (90) days. Without limitation of the foregoing, we will have the right to retain copies of your account information, artwork and content in our archives for our internal business and legal purposes. 

GRANT OF RIGHTS AND USER CONDUCT

Grant of Rights

As long as you comply with these Terms and our policies, we grant you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the Services solely for their intended purpose.

User Conduct

You agree to abide by these Terms and our policies while using the Services and interacting with other users. You agree that you will not, either directly or indirectly:

  1. Post artwork, titles, tags, descriptions, or other content that is pornographic, obscene, offensive, profane, or depicts, promotes, or incites illegal activity, hate, abuse, discrimination, denigration, objectification, or violence, or otherwise violates our community standards, as determined by us in our sole discretion. 

  2. Use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer: (a) any portion of the Services, artwork or content made available through the Services other than your own artwork or content, without the owner’s express written permission; or (b) any University brands, copyrights or trademarks;

  3. Frame, mirror, or otherwise simulate the appearance or function of the Services or any other user’s artwork or content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any artwork or content transmitted through the Services;

  4. Decompile, disassemble or otherwise reverse engineer the Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services;

  5. Interfere with another user’s artwork or content;

  6. Remove any copyright, trademark or other proprietary rights notices contained in or on the Services or any artwork or content other than your own artwork or content;

  7. Upload, post, email, transmit or otherwise make available any artwork or content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  8. Post artwork, content, titles, tags, or descriptions that infringe on a third party’s copyright, trademark, right of publicity, or other intellectual property rights. 

  9. Post artwork or content with inaccurate, deceptive, inappropriate, or offensive titles, tags, or descriptions;

  10. Stalk, harass or harm another person via use of the Services;

  11. Impersonate any person or entity, including, but not limited to, our employees, representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  12. Harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent;

  13. Upload, post, email, transmit or otherwise make available through the Services any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

  14. Use any robot, spider, scraper or other automated means to access the Services for any purpose without our express written permission;

  15. Distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit or otherwise make available through the Services any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

  16. Interfere or attempt to interfere with the proper working of the Services or any activities conducted through them; or

  17. Bypass any measures we may use to prevent or restrict access to the Services

 

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms will be governed by the laws of the State of New Jersey, without regard to choice of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a state or federal court or arbitration located in New Jersey, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.  You agree that all disagreements shall be subject to the NJ Contractual Liability Act and the NJ Tort Claims Act.

GENERAL TERMS

 

Waivers and Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST US WITH RESPECT TO ANY ACTIVITIES, ARTWORK, CONTENT, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY USERS.

THE SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH ALL FAULTS. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OR THAT THE SERVICES WILL BE ERROR FREE OR THAT ALL TRANSACTIONS WILL BE COMPLETED. THE OPERATION OF THE SERVICES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. TO THE EXTENT LEGALLY PERMITTED, WE DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY OF INFORMATION, QUIET ENJOYMENT, NONINFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES.

Release

You acknowledge that any agreement you make with another party through the Services is strictly between you and that party and we are not a party to that agreement. If you have a dispute with another party, you hereby release us, the State of New Jersey and New Jersey Educational Facilities Authority (and our affiliates, officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with that dispute.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE ARE NOT AND WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF MONEY OR PROFITS, GOODWILL, DATA, ARTWORK, CONTENT OR REPUTATION, OR ANY PROPERTY DAMAGE OR PERSONAL INJURY WITHOUT REGARD TO THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. YOU WAIVE ANY AND ALL CLAIMS, NOW KNOWN OR LATER DISCOVERED, THAT YOU MAY HAVE AGAINST US ARISING OUT OF YOUR USE OF THE SERVICES.

Indemnification

You will indemnify and hold us, the State of New Jersey, and the New Jersey Educational Facilities Authority, (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys’ fees and other professional fees and costs of investigation) arising from or in any way related to: (a) your artwork, content or use of the Services, including without limitation, your sale of any products; (b) your (or anyone using your account’s) breach of these Terms or any of our policies; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds us without our express prior written consent. 

Modifications

We reserve the right to monitor, modify or discontinue the Services, and to block, modify, publicly comment on, or delete any artwork, content or information submitted to the Services by any party, at any time without notice in our sole discretion; provided, however, that we have no obligation to update, store, maintain or correct any artwork, content or information on the Services.

We reserve the right, at any time and in our sole discretion, to change these Terms, in whole or in part, by notifying you as described in the Notices provision below. You are responsible for reviewing and complying with these Terms in effect at the time you use the Services. You acknowledge that you will be bound by the revised Terms, as of their effective date set forth therein, and your continued use of the Services constitutes acceptance of them.

Notices

Except as stated otherwise, all notices required from you under these Terms must be sent to Montclair State University, 1 Normal Avenue, Montclair, NJ 07043,  to the Attention of the Vice President for Finance and Treasurer with a copy to the  Attention of University Counsel, or to any other address(es) specified by us from time-to-time, in our sole discretion. Legal process must be served on the Attorney General of the State of New Jersey. We will provide you with notices about changes to the Services or these Terms, by posting them on our website or by sending an email to the email address you provide to us with your account. Legal notices will be provided to you at your email address. Email notices will be deemed given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address is invalid.

Data Transfer

By accessing or using the Services, or submitting information, you acknowledge that you accept the practices and policies outlined in these Terms and consent to having your data transferred to and processed in the United States, in accordance with our EUGDPR Privacy Policies at:

https://www.montclair.edu/policies/all-policies/european-union-general-data-protection-regulation-eugdpr/ and applicable law. If you do not agree to these Terms, please do not use the Services. We control and operate the Services from the United States. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Force Majeure

We will be excused from performance under these Terms, to the extent it is prevented or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (1) weather conditions or other elements of nature or acts of God, (2) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion, (3) quarantines or embargoes, (4) labor strikes, (5) pandemic/epidemic; or (6) other causes beyond our reasonable control.

Miscellaneous

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms. If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck and the remaining provisions will be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices provision. Headings are for reference purposes only and do not limit the scope or extent of any provision. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law will not constitute a waiver of any of those provisions or rights.

These Terms, set forth the entire understanding and agreement between you and us with respect to the subject matter these Terms.

 

Copyright and Trademark Policy

Content on Carpe Art

The University is not the owner of content displayed by students and alumnae (“Artists”) on the Carpe Art website.  Artists grant the University and its affiliates a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute artwork and content in any format or medium now known or later developed for the purpose of promoting the artwork and content (“Services”).

ARTISTS ARE ENTIRELY RESPONSIBLE FOR THEIR ARTWORK AND CONTENT THAT IS MADE AVAILABLE THROUGH THE SERVICES, AND WARRANT AND REPRESENT THAT THEY OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN THEIR ARTWORK AND CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR ARTWORK AND CONTENT.

Procedure for Reporting Infringements

We respect the intellectual property rights of others and expect Artists to do the same. It is our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Artists who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks or other intellectual property rights of others.

If you believe in good faith that any artwork or content made available through the Services infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us by providing the following information in writing:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;

  2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Services, as permitted under the Digital Millennium Copyright Act, 17 U.S.C. 512 (“DMCA”), a representative list of such works on the Services;

  3. Identification of the artwork or content that are claimed to be infringing or to be the subject of infringement activity and that are to be removed or access to which are to be disabled, including information reasonably sufficient to permit us to locate the material;

  4. Information reasonably sufficient to permit us to contact the complaining party, including address, telephone number and e-mail address;

  5. A statement that the complaining party has a good faith belief that the use of the artwork or content is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and

  6. A statement made under penalty of perjury that the information in your will is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

Claims of infringement should be sent by email to [add email address]

You acknowledge that if you fail to comply with all of the above notice requirements of this Copyright and Trademark Policy, your notice may not be valid.

When a complete and proper notice is received by the University, it is our policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (a) removing or disabling access to the artwork or content identified in the notice; (b) notifying the artist that we have removed or disabled access to such artwork or content; and (d) terminating such artist’s account.