Introduction

Art of a Conversation is an application that creates digital art from text.

For this creative hub to exist, it is crucial that all Art of a Conversation users respect the intellectual property rights of others. You must only use text you created yourself, or have been authorized to use. Similarly, please respect the copyrights and trademarks of the works you find here.

Please read our Terms & Conditions (the “Terms”) below, as using this website means that you accept these Terms in full. Thank you for being here, and please e-mail support@artofaconversation.com if you have any questions or concerns about anything here.

Legal Agreement

All visitors (“user”, “you”, “your”) to the Art of a Conversation website at www.artofaconversation.com (“the website”) are entering a binding legal agreement on the following Terms when using the website. This agreement is between the user and Art of a Conversation, LLC and use of this website indicates continued acceptance of these Terms.

Eligibility

Our services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Our services are not available to persons under 16 years of age.

Amendment to these terms

We may amend these Terms from time to time, and we will let you know about these changes either by displaying information about the changes on our home page. Your continuing use of the website will be taken to be an acceptance of the new Terms.

Our service

Art of a Conversation provides a range of services (the “Art of a Conversation service”) which, amongst other things, provides an application that will convert your text into digital art and allows you to purchase and download the art created.

Creating art on Art of a Conversation

In order to receive the Art of a Conversation services you grant Art of a Conversation a non-exclusive, royalty-free license to use and archive the content in accordance with or as reasonably contemplated by these Terms.

When you enter text on the website you represent and warrant that:

• you own all copyright in the content, or if you are not the owner, that you have permission to use the content, and that you have all of the rights required to display, reproduce and sell the content, or you have otherwise confirmed that the text is in the public domain
• the text will not infringe the intellectual property rights or other rights of any person or entity, including copyright, moral rights, trade mark, patent or rights of privacy or publicity;
• your use of the website will comply with all applicable laws, rules, and regulations;
• the text does not contain material that defames or vilifies any person, people, races, religion or religious group and is not obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
• the text does not include malicious code, including but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data, or personal information; and
• the text is not misleading and deceptive and does not offer or disseminate fraudulent goods, services, schemes, or promotions.
• You agree to indemnify Art of a Conversation in respect of any direct or indirect damage caused due to your breach of one or more of these warranties.

Purchasing a Product on Art of a Conversation

Users can purchase products on the Art of a Conversation website using a valid credit card or PayPal.

You do not have to be a member to purchase a product.

The price you pay is fixed at the time of ordering.

Once your order has been submitted, you may cancel it within two (2) hours of placing it by reaching out to our Customer Service team at support@artofaconversation.com .

We do not warrant, endorse, make representations about, or recommend any content or art offered or provided by any member.

Damaged Goods

If a product is delivered to a customer that is electronically damaged in some way, Art of a Conversation, LLC will happily issue a replacement copy of the product after receiving reasonable proof of that damage.

If you receive a damaged product, then you must e-mail Art of a Conversation’s Customer Service at support@artofaconversation.com to tell us about the nature of the damage and arrange for a new product to be sent to you at no cost to you.

It is the customer’s responsibility to verify the quality of the content (including but not limited to misspelled words, grammatical errors, formatting, design, or overall appearance) before ordering a product. This damaged goods policy does not apply to content, only to the digital file .

Reporting inappropriate content to Art of a Conversation

Art of a Conversation does not manually screen content before it is displayed on the website so occasionally members may inadvertently or deliberately submit and display content that breaches these Terms.

Inappropriate content includes, but is not limited to, content that infringes the copyright or other intellectual property rights of any person or company, or that defames or vilifies any person, people, races, religion or religious group; is obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. Art of a Conversation reserves the right (but not the obligation) to remove or edit such content.

Please help us by letting us know as soon as possible about any inappropriate, or potentially inappropriate, content you see on the website by e-mailing artofaconversation@gmail.com.
If you believe your copyright or other intellectual property rights are being infringed, please email us at artofaconversation@gmail.com.

Specific warnings

You must ensure that your access to this website and the Art of a Conversation service is not illegal or prohibited by laws that apply to you.

You must take your own precautions to ensure that the process that you employ for accessing this website and the Art of a Conversation service does not expose you to the risk of viruses, malicious computer code, or other forms of interference which may damage own computer system. We do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of this website or any linked website.

We do not accept liability for any losses arising directly or indirectly from a failure to provide the Art of a Conversation service, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the Art of a Conversation service, or any transmissions by others in contravention of the registered members’ obligations as set out in these Terms.

You acknowledge that we may not be able to confirm the identity of other registered members or prevent them acting under false pretenses or in a manner that infringes the rights of any person.

Intellectual Property rights and license

By creating art on Art of a Conversation, LLC, you grant Art of a Conversation a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display the content of such listings in connection with Art of a Conversation's (and its successors' and affiliates') services and business in facilitating the sale of your product, including without limitation for promoting and redistributing part or all of the Art of a Conversation site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Art of a Conversation site a non-exclusive license to access your content through the site, and to use, reproduce, distribute, and display such content as permitted through the functionality of the site and under these Terms. The above licenses terminate within a commercially reasonable time after you remove or delete your listings from the Art of a Conversation site. The above licenses granted by you in user comments you submit, are perpetual and irrevocable.

All intellectual property rights in this website and the Art of a Conversation service (including the software and systems underlying the Art of a Conversation service, and text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us. Other than for the purposes of, and subject to the conditions prescribed under relevant copyright and trademark legislation throughout the world, and except as expressly authorized by these Terms, you may not in any form or by any means:

• use, adapt, reproduce, store, distribute, print, display, perform, publish, or create derivative works from any part of this website; or
• commercialize any information, products, or services obtained from any part of this website, without our written permission.

If you use any of our trademarks in reference to our activities, products, or services, you must include a statement attributing that trademark to us. You must not use any of our trademarks in, or as the whole or part of, your own trademarks; in connection with activities, products, or services which are not ours; in a manner which may be confusing, misleading, or deceptive; or in a manner that disparages us or our information, products, or services (including this website).

Linked websites

This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.

We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as 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, unless and to the extent stipulated to the contrary.

Disclaimer

We do not represent or guarantee that the Art of a Conversation service or this website, or any other website that is accessible using a hyperlink from this website will be free from errors or viruses. We do not represent or guarantee that access to the Art of a Conversation service or these websites will be uninterrupted.

You acknowledge that the Art of a Conversation service or this website may be affected by outages, faults, or delays. Such outages, faults, or delays may be caused by factors, including technical difficulties with the performance or operation of our or another person’s software, equipment or systems, traffic or technical difficulties with the Internet or infrastructure failures.

We do not warrant that any members’ uploads to this website will be protected against loss, or misuse, or alteration by third parties. We do not warrant that all uploaded content will be available on our website. If we elect in our sole discretion to make available content on our website, we do not warrant that it will be available within a certain time frame.

We do not accept responsibility for any loss or damage, however caused (including through negligence), that you may directly, or indirectly, suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of, or reliance on, the information contained on or accessed through this website.

To the extent permitted by law, any condition or warranty that would otherwise be implied into this User Agreement is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following, which we may offer as a gesture of goodwill:

• if the breach relates to goods:
• the replacement of the goods or the supply of equivalent goods;
• the repair of such goods;
• the payment of the cost of replacing the goods or of acquiring equivalent goods; or
• the payment of the cost of having the goods repaired; and
• if the breach relates to services:
• the supplying of the services again; or
• the payment of the cost of having the services supplied again

This disclaimer set out in these Terms does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.

Indemnity

You agree to indemnify, defend, and hold us, our officers, directors, employees, agents, and representatives harmless, as well as, all third parties printing, manufacturing and/or otherwise fulfilling the products you are selling via the website, their officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, liabilities, costs (including reasonable legal fees) or other expenses that arise directly or indirectly out of or from:

• your breach of any clause of these Terms;
• any allegation that any materials that you submit to us, or transmit to the website, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or
• your activities in connection with the website.

This indemnity will be applicable without regard to the negligence of any party, including any indemnified person.

Privacy policy

Your privacy is very important to us. Users of our website should refer to our Privacy Policy dwxqfazttswdre –which is incorporated into these Terms by reference, for information about how we collect and use personal information.

Security of information

No data transmission over the Internet can be guaranteed as totally secure. We strive to protect such information, however we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk.

Termination of access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.

Dispute Resolution

You agree that any disputes arising from our Terms, or relating to your use of any part of the Art of a Conversation service, will be exclusively resolved under confidential binding arbitration held in San Francisco, California. All disputes will be resolved in accordance with the rules of ADR Services, Inc. and California law, without regard to conflicts of law principles.

You and Art of a Conversation agree to submit to the personal and exclusive jurisdiction of the federal and state courts in San Francisco County for purposes of enforcing any arbitration award. Notwithstanding the foregoing, Art of a Conversation may seek injunctive or other equitable relief from a court of competent jurisdiction. You and Art of a Conversation agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You and Art of a Conversation agree that any cause of action arising out of or related to the Art of a Conversation site (including but not limited to any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

If you have a dispute with one or more users or sellers, you release Art of a Conversation (and Art of a Conversation officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands, and damages (actual and consequential) of every kind of nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code Section 1542 which states, "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

General

We accept no liability for any failure to comply with these Terms where such failure is due to circumstances beyond our reasonable control.

If we waive any rights available to us under these Terms on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

If any of these Terms are held to be invalid, unenforceable or illegal for any reason, the remaining conditions shall nevertheless continue in full force.