Terms and Conditions (T&C)

Welcome to Today And Always Art! These Terms and Conditions (“Terms”) govern your access to and use of the www.todayalwaysart.com  website (“Website”) and the services, features, content, and applications offered by today and Always Art (“Services”). By accessing or using the website and services, you agree to be bound by these terms. If you do not agree with any part of these terms, you may not access the website or use the services.

1. Acceptance of Terms

1.1. By accessing or using the Website and Services, you affirm that you are at least 18 years old and legally capable of entering into a binding contract, or have obtained parental or guardian consent to do so. If you are accessing or using the Website and Services on behalf of a company or other entity, you represent that you have the authority to bind such entity to these Terms.

2. Description of Services

2.1. Today and always art provides an online platform for artists to showcase their artworks, participate in exhibitions, obtain copyright protection, and engage with the art community. The services may include, but are not limited to:

  • Artwork exhibition management
  • Copyright registration assistance
  • Community features for artists
  • Online art sales / order platform 

3. User Accounts

3.1. In order to access certain features of the website and services, you may be required to create a user account. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

3.2. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Today And Always Art immediately of any unauthorized use of your account or any other breach of security.

3.3. Today And Always Art reserves the right to suspend or terminate your account and refuse any and all current or future use of the Website and Services for any reason at any time.

4. User Conduct

4.1. You agree to use the Website and Services in compliance with all applicable laws, regulations, and these Terms. You further agree not to use the Website or Services for any unlawful or prohibited purpose or in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website.

4.2. You agree not to:

  • Upload, post, or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, or otherwise objectionable.
  • Use the Website or Services to harass, stalk, or harm another individual.
  • Engage in any conduct that violates the rights of others or applicable laws and regulations.

5. Intellectual Property

5.1. All content and materials on the Website, including but not limited to text, graphics, logos, images, and software, are the property of Today And Always Art or its licensors and are protected by copyright, trademark, and other intellectual property laws.

5.2. You acknowledge and agree that Today And Always Art owns all legal right, title, and interest in and to the Website and Services, including any intellectual property rights therein. You are granted a limited, revocable, non-exclusive license to access and use the Website and Services for personal and non-commercial purposes only. Any unauthorized use of the Website or Services may violate copyright, trademark, and other laws.

5.3. By submitting artworks to the Website, artists represent and warrant that they own all rights, title, and interest in and to the artworks or have obtained all necessary licenses, rights, consents, and permissions to use and authorize Today And Always Art to use the artworks in the manner contemplated by these Terms.

6. Copyright and Content Ownership

6.1. Artists retain ownership of the copyrights to their artworks uploaded to the Website. By submitting artworks to the Website, artists grant Today And Always Art a worldwide, non-exclusive, royalty-free license to use, reproduce, distribute, and display the artworks for the purposes of promoting the Website and Services.

6.2. You agree not to reproduce, distribute, modify, or create derivative works based on any content on the Website without the express written consent of Today And Always Art or the respective copyright owner.

7. Prohibited Conduct

7.1. In addition to the conduct prohibited under Section 4 above, you agree not to:

  • Use the Website or Services to solicit or engage in commercial activities, including but not limited to advertising or offering to sell goods or services.
  • Use the Website or Services to transmit unsolicited or unauthorized advertising, promotional materials, spam, or other forms of solicitation.
  • Attempt to gain unauthorized access to the Website or Services, other user accounts, or computer systems or networks connected to the Website or Services.

8. Third-Party Links and Content

8.1. The Website and Services may contain links to third-party websites or resources. Today And Always Art is not responsible for the availability or content of such websites or resources and does not endorse or warrant the accuracy of any such websites or resources.

8.2. Today And Always Art may display third-party content, advertisements, or promotions on the Website or Services. Your interactions with any third-party content, advertisements, or promotions are solely between you and the third party and are subject to the terms and conditions and privacy policies of such third parties.

9. Disclaimer of Warranties

9.1. THE WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, [YOUR BUSINESS NAME] DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2. Today And Always Art DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE WEBSITE OR SERVICES.

10. Limitation of Liability

10.1. TO THE FULLEST EXTENT PERMITTED BY LAW, Today And Always ART AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE WEBSITE OR SERVICES.

10.2. TODAY AND ALWAYS ART SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY, OR LOSSES ARISING OUT OF OR RELATED TO:

  • ANY CONTENT OR MATERIALS PROVIDED BY THIRD PARTIES;
  • ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
  • PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE OR SERVICES;
  • UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;
  • ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR SERVICES;
  • ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES BY ANY THIRD PARTY.

11. Indemnification

11.1. You agree to indemnify and hold harmless Today And Always Art and its affiliates, officers, directors, employees, agents, and licensors from any claims, damages, losses, liabilities, costs, or expenses (including attorneys’ fees) arising out of or related to your use of the Website or Services, your violation of these Terms, or your violation of any rights of another party.

12. Modification of Terms

12.1. Today And Always Art reserves the right to modify these Terms at any time without prior notice. Any changes to these Terms will be effective immediately upon posting on the Website. Your continued use of the Website or Services after the posting of revised Terms constitutes your acceptance of such changes.

13. Governing Law and Dispute Resolution

13.1. These Terms shall be governed by and construed in accordance with the laws of Ontario Province, Canada, without regard to its conflict of laws principles.

13.2. Any dispute arising out of or relating to these Terms or your use of the Website or Services shall be resolved exclusively through arbitration conducted in Ontario Province, Canada in accordance with the rules of the American Arbitration Association. The prevailing party in any arbitration or legal proceeding shall be entitled to recover its costs and attorneys’ fees.

14. Severability

14.1. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

15. Entire Agreement

15.1. These Terms constitute the entire agreement between you and Today And Always Art regarding your use of the Website and Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings between you and [Your Business Name].

16. Contact Information

16.1. If you have any questions or concerns about these Terms, please contact us at Info@todayalwaysart.com.