Terms of Use

Welcome to KLIO! Our website and applications are provided subject to the following terms and conditions. By using the www.klioart.com website or any related application (together, the “KLIO Sites” and each a “KLIO Site”), you agree to be bound by these terms and conditions. Please read them carefully. The KLIO Sites are owned and operated by Art.com, Inc.

Privacy

You should review our Privacy Policy to understand our privacy practices.

License and Website Access

We grant you a limited, revocable license to access and make personal use of the KLIO Sites as our customer. However, you are not permitted to:

  • reproduce, duplicate, copy, sell or otherwise exploit the a KLIO Site or any product image, product listing, product description, price, page layout, page design, trade dress, trademark, logo or other content (“Website Content”) for any commercial purpose, except as expressly provided;
  • use a robot, spider or data mining or extraction tool or process to monitor, extract or copy Website Content (except in the operation or use of internet “search engines,” hit counters or similar technology);
  • use any meta tags, search terms, key terms, or the like that contain a KLIO Site’s name or trademarks used on the KLIO Sites;
  • engage in any activity that interferes with a KLIO Site or another user’s ability to use a KLIO Site;
  • modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide a KLIO Site or a service offered on a KLIO Site; or
  • assist or encourage any third party in engaging in any activity prohibited by these Terms of Use.

Any use of a KLIO Site or Website Content that is not expressly authorized herein is prohibited and immediately terminates the license granted herein

Electronic Communications

You consent to receive communications from us by e-mail. You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

Copyright

All Website Content is our property or the property of our content suppliers and is protected by international copyright laws. The purchase of any product does not provide the purchaser with any copyright interest or other intellectual property right in the product. All Website Content that is not our property is used with permission. The arrangement and compilation of all Website Content is our exclusive property and is protected by international copyright laws. All software used on the KLIO Sites is our property or the property of our software suppliers and is protected by international copyright laws.

Trademarks

Certain graphics, logos, page headers, button icons, scripts, and service names are trademarks, service marks, or trade dress of our company or our affiliated companies. Our trademarks and trade dress may not be used for any commercial or other purposes without our prior written consent. All other trademarks and service marks not owned by Art.com or our affiliated companies that appear on a KLIO Site are the property of their respective owners and may or may not be used without their prior written consent.

Copyright & Trademark Compliance; Complaints

We honor the intellectual property rights of others. If you believe that your work has been copied or used on a KLIO Site in a way that constitutes copyright or trademark infringement, please notify us by following the procedure set forth in the immediately following paragraph. Except in limited instances under authorized agreements, we do not reproduce or manufacture the products offered on our site, but rather we purchase or license products from third party suppliers that represent to us that they have sufficient rights to allow us to display and sell the products on the KLIO Sites. Upon receipt of any bona fide claim of infringement, or upon becoming aware of any actual or alleged infringement by any other means, we will remove such actual or alleged infringing product(s) from the KLIO Sites and/or cease sales of the product(s) pending our investigation.

Notice and Procedure for Making Claims of Copyright / Trademark Infringement
If you believe that your work has been copied, distributed or used on a KLIO Site in a way that constitutes copyright or trademark infringement, please fill out the Notice of Claimed Infringement form, sign the form where indicated and submit it to:

KLIO
Attention: Legal Department
2100 Powell St, 13th Floor
Emeryville, CA 94608-1803
Facsimile: (510) 291-9634

Viewing Personal Files

KLIOTM digital art display devices can be used to view personal files, such as digital photos and videos. Although not all file types are supported, and the types of files viewable via your KLIO digital art display device will change over time, generally speaking the KLIO device will display any file types that are supported by iPhone and iPad devices.

You may be limited in the amount of storage space available for your uploaded personal files. We reserve the right to adjust the amount of available storage space from time to time.

If you upload personal files (“User Content”) for viewing via your KLIO device, the following terms and conditions apply, and your uploading of personal files indicates your agreement to these terms and conditions:

Responsibility for Your Account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password.

Content Restrictions. You must adhere to the following guidelines. We reserve the right to remove or reject any User Content that may conflict with these guidelines. Gross or repeated violations may result in restrictions on or termination of your account.

• You must honor the intellectual property rights of others. You may not upload User Content to which you do not own the copyright. You may not upload content that (i) is an unauthorized reproduction or modified version of a copyrighted work, (ii) features the brand, logo, trademark, trade name or trade dress of any other person or entity, or (iii) infringes any third party’s rights of privacy or publicity.
• You may not upload content that would constitute or encourage a criminal offenses, violate the rights of any party, or that would otherwise create liability under or violate any local, state, national or international law.
• You may not upload content that contains hate or racial intolerance or advocates violence or ridicule against any individual, group, or organization.
• You may not upload content that displays illegal drugs or the paraphernalia used for them.
• You may not upload content that features excessive profanity or sexually explicit language, defamatory statements, or remarks that disparage or ridicule other people.
• You may not upload X-rated or hard-core images, sexual images involving children, images that depict graphic or deviant sexual acts, amateur porn or any paraphernalia involved with this type of activity.
• You may not upload content that contains overt or gratuitous violence or images of crime-scene photos, morgue shots or violent depictions or human organs and body parts, or images that promote suicide.
• You may not upload content that a reasonable art observer would find offensive or art that (i) is libelous, (ii) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or otherwise; (iii) is harmful to or exploitative of children; or (iv) is otherwise illegal.
The list above is not an exhaustive list of unacceptable content. Rather, it is a set of guidelines for our users to follow. We will determine, in our sole discretion, whether content is in compliance with our User Content Guidelines

Our Rights Related to User Content. We reserve the right to preserve and/or disclose any and all User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal requirements, enforce the terms of this Agreement, respond to any claims that User Content violates the law or rights of third parties, or to protect our rights.

Risk of Loss. KLIO is not an image storage and/or hosting service. You are solely responsible for ensuring that you have back-up copies of your uploaded files. Art.com accepts no responsibility or liability for any loss of or damage to your User Content.

Duty of Indemnification. If you upload any User Content, you agree to defend, indemnify and hold harmless Art.com, Inc. and each of its successors, assigns, parents, subsidiaries, distributors, directors, officers, employees, agents, partners, (together, “Art.com”) from and against any costs, losses, judgments, awards, damages and expenses (including reasonable attorney’s fees) (together, “Indemnification Costs”) related to any action, suit, claim or proceeding made, brought or threatened by a third party against Art.com arising out of or in connection with any such User Content, your conduct, your violation of the these Terms of Use or your violation of the rights of any third party. Indemnification Costs shall include any costs incurred in the enforcement of the foregoing.

Reviews, Comments, Communications and Other Content

Visitors may post or submit reviews, comments, suggestions, communications and other information via a KLIO Site, by email or through one of our website operation partners. You agree not to submit, transmit, or otherwise make available in any manner any content (i) that is unlawful, harmful, obscene, hateful, threatening, abusive, defamatory, harassing, libelous, invasive of another’s privacy, or is otherwise objectionable, (ii) that infringes the intellectual property rights of any party or (iii) which contains a chain letter or constitutes any form of commercial solicitation, political campaign, mass mailing, “spam” or software virus. You may not use a false e-mail address or otherwise provide information that would be misleading as to the origin of such content. Although we do not regularly review content you submit to the KLIO Sites, we reserve the right to edit or remove any content that we find objectionable for any reason. You represent and warrant that you possess all necessary rights to use the content that you submit to any KLIO Site and that use of such content does not violate generally accepted standards of decency. You agree to defend, indemnify, and hold us harmless from and against any and all claims arising out of or relating to any content that you submit to any KLIO Site. By submitting content to any KLIO Site, you automatically grant to us, or warrant that the owner of such content has expressly granted to us, a royalty-free, perpetual, irrevocable right and license to use your user name or the content in any manner that we deem appropriate, in our sole and exclusive discretion. We take no responsibility and assume no liability for any content posted by visitors to the KLIO Sites.

Suggestions and Ideas

Visitors may submit suggestions, ideas or questions to suggestions@klioart.com. By doing so, you acknowledge that we will be free to use, disclose, reproduce, modify, license, transfer and exploit any suggestions or ideas in any manner.

Limitation of Liability

We do not accept responsibility that the KLIO Sites, their servers, or e-mail sent from the KLIO Sites are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use of the KLIO Sites, including, but not limited to direct, indirect, incidental, punitive or consequential damages. Certain laws do not allow limitations as contained in this clause. If these laws apply, some or all of the above limitations may not apply to you and you might have additional rights.

Applicable Law

By visiting any KLIO Site, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and us relating to the use of such KLIO Site. Any dispute relating in any way to your visit to or use of the website shall be subject to the exclusive jurisdiction of the state or federal courts located in Alameda County, California, and you consent to exclusive jurisdiction and venue in such court.

Subject To Change Without Notice; Severability

We reserve the right to make changes to the KLIO Sites, policies, and these Terms of Use at any time and in our sole discretion; therefore, you should review our policies, terms, and conditions each time you visit the website. Your continued use of the website after we make any such changes constitutes your binding acceptance of those changes. If any of the terms or conditions herein shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining term or condition.

Updated: 12/23/2016