These Terms of Use (the “Terms of Use”) are intended to regulate the use of Artistic-Zeal's ADA Compliance Technology and its Systems, (defined hereunder) as well as the relationship between Artistic-Zeal Media LLC (the “Company”), the Licensee for itself and on behalf of its authorized Clients (as such terms are defined below) and any third-party service provider's Systems.
All Clients and Resellers making use or attempting to use Artistic-Zeal's Systems or receiving the Services (defined below) confirm having read this document and agreeing to these Terms of Use, including the terms of the Privacy Policy (as this term is defined hereunder), such as they are and without exception. If you, a Client or a Reseller, do not agree to these Terms of Use or any part thereof, you are required to cease your use of Artistic-Zeal's Systems and discontinue consumption of the Services, and to immediately notify the Company thereof, in writing.
The Company may update, expand, edit or alter the Terms of Use, including the Privacy Policy, from time to time and at its sole discretion. Updates and changes to the Terms of Use will go into effect immediately, and notifications thereof will appear on the Website and/or be sent to the e-mail addresses of Clients who have consented to receive emails from the Company and whose e-mail addresses are in the possession of the Company. The most current Terms of Use will appear on the Website under the “Terms of Use” link on the Website’s homepage. Use of Artistic-Zeal's Systems or receipt of the Services constitutes agreement to the Terms of Use, as may be amended from time to time, in accordance with their most current version appearing on the Website.
By use of Artistic-Zeal's technology, the Clients and Resellers also agree to adhere to any and all of the third-party technology provider's Terms of Use in congruence with those of Artistic-Zeal's "Terms of Use."
Should any conflict or inconsistency exist between the provisions of the Terms of Use set out herein and information appearing on any other pages of the Website, the terms of these Terms of Use shall govern.
You are invited to contact the Company regarding any topic by filling out the referral form found on the “Contact Us” page of the Website.
General
The Terms of Use may employ gendered language solely for convenience; all provisions hereof are intended for women and men alike. Any references to “including” or “includes” means “including (or includes) without limitation.”
Section titles are provided solely for convenience, and should not be considered for the purpose of interpreting these Terms of Use or their validity.
For the avoidance of doubt, it is clarified that these Terms of Use do not replace and/or derogate from the terms of use of any Reseller or third parties, should any such apply and as applicable, but are rather complementary thereto; provided, however, that in the event of a conflict therewith, these Terms of Use shall govern.
Definitions. The following terms shall have the meanings ascribed alongside them unless explicitly stated otherwise:
“Artistic-Zeal's Systems” means the web-accessibility services and any additional services or products the company will provide under the Artistic-Zeal brand including the company's website, including third-party technology and the ACE System.
“ACE System” means the Accessibility Compliance Evaluation system for evaluating and reporting a website’s level of accessibility compliance as operated by the Company.
“ACE User” means a user of the ACE System, directly or indirectly, through digital link or otherwise.
“Reseller” means any party authorized by the Company to resell the Services to a Licensee, directly or indirectly, through a partner link, partner account, API, CSV or otherwise; the obligations of the “Company” in these Terms of Use may, if applicable, be carried out by either Artistic-Zeal Media LLC or its Reseller, in accordance with the terms of the resale agreement between them.
“Standard” means WCAG 2.1 level AA success criteria.
“Services” means the website accessibility services provided by the Company through Artistic-Zeal's Systems.
“Website” means Artistic-Zeal’s website at https://Artistic-Zeal.com
Use of Artistic-Zeal's Systems
Use of Artistic-Zeal's Systems shall be made only as set out in these Terms of Use, unless express prior written consent of the Company to do otherwise, is obtained. Without derogating from the generality of the foregoing:
When using Artistic-Zeal's Systems or receiving the Services, you may not impersonate a different person or business organization;
You may not: (i) copy, modify, create any derivative work of; or (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to impact upon or derive source code (or the underlying ideas, algorithms, structure or organization);
You may not breach or impair, in any manner, any intellectual property rights existing in Artistic-Zeal's Systems, including without limitation, copyrights, patents, trademarks, or any other proprietary rights, whether belonging to the Company or any third party;
You may not use Artistic-Zeal's Systems and/or the Services in any manner contrary to or inconsistent with these Terms of Use, nor (without derogation from the generality of the aforementioned), in any manner which is illegal, immoral, or contrary to public policy;
You may not use the ACE System in any manner that could damage, disable, overburden or impair ACE System’s reporting services; and
Artistic-Zeal's Systems and the Services are provided “as is,” and are only intended to be used by the Licensee on the website for which Licensee has obtained a License. For the avoidance of doubt, the Licensee is not permitted to transfer and/or sell its License to any other third party.
Sale, Purchase and Termination Policy
Artistic-Zeal's Systems are only compatible for use by users on the following operating systems and browsers: Chrome, Firefox, Safari, Microsoft Edge, Internet Explorer 11, Android 8, and iOS10. The functionality of Artistic-Zeal's Systems requires that the Licensee websites in which they are embedded be websites based solely on HTML files and tags, and that the source code be written according to the Standard of the World Wide Web Consortium (“W3C”), without any errors or validation warning in W3C’s troubleshooting inspections; please note that Licensee changes to such website may impact the functionality of the Service. By way of example, Artistic-Zeal's Systems do not support other components, such as Canvas, Flash and/or SVG.
The License is for the use of the Licensee only on one website, is limited as set forth in these Terms of Use and may not be sold and/or transferred and/or assigned unless the License is purchased by a Reseller under a reseller agreement or any other specified agreement.
The License is purchased through the Website, using the means of payment available on the Website as of the purchase date or by the Reseller through the Company, if applicable.
The License may be purchased on an annual basis and is renewed automatically unless the Licensee requests otherwise from the Company in writing. Notwithstanding, the License may be purchased on a recurring monthly basis provided the Company approval.
The Company reserves the right to replace and/or alter, from time to time, the means of payment available on the Website, as well as to update the price of the License, as well as to collect different prices from different Licensees and Resellers, at the Company’s sole discretion and without need for justification.
The transaction may be terminated within 14 days of submission of the purchase order, less any cancellation fee under applicable law. In order to terminate the transaction, the Licensee and/or the Reseller must e-mail info@artistic-zeal.com, with its full name, identifying information, or company number, the domain name for which the termination is sought, and a copy of the transaction receipt.
The Licensee may terminate its engagement with the Company at any time, subject to payment of all sums owed to the Company.
The Company reserves the right to transfer its rights and obligations under these Terms of Use to any third party, provided the rights of the Licensee are not adversely affected.
The Company reserves the right to terminate the transaction and/or the License at any time, without justification to the Licensee and/or the Reseller. Should the Company terminate the License, the Licensee or the Reseller, as applicable, is entitled to reimbursement as follows:
Up to 30 days from finalization of the transaction, a full refund;
Between 30 days and six months of use, a refund of 75% of the original price;
Between six months and 12 months of use, a refund of 50% of the original price;
Between 12 months and 18 months of use, a refund of 25%;
After 18 months of using Artistic-Zeal's System, the Licensee and/or the Reseller will no longer be entitled to a refund.
Thirty days following the submission of a notice of termination by the Company, the engagement between the Licensee and the Company will end, and other than any outstanding refunds, there shall be no other obligation, monetary or otherwise, remaining between one party and the other, and neither party shall have any claim and/or demand and/or action against the other.
Cookies
“Cookies” are small text files transferred from an internet server to a device in use by a Licensee (a computer, mobile or similar). Cookies are not computer software and cannot read the information they contain, nor can they perform any actions independently. Cookies are used for rapid identification so that the Company’s servers can quickly and efficiently identify returning Licensees, or save a Licensee’s specific preferences.
The Licensee agrees to allow the Company to implant one or more Cookies, to identify information using the Cookies and to use the information found in the Cookie files in connection with rendering the Service. Some of the Cookies used by Artistic-Zeal's Systems may originate from third parties, including Google Analytics and/or Facebook Pixel and/or YouTube.
Cookies are used in all of Artistic-Zeal's Systems in order to allow the smooth and functional operation of all of Artistic-Zeal's Systems and/or in order to collect various data (such as statistical data regarding the use of Artistic-Zeal's Systems), to verify information and for data security purposes. Disabling the option to save Cookies in a browser may cause Artistic-Zeal's Systems to operate at less than functional or optimal capacity.
Website Accessibility; Malfunctions; Issues
The Company exerts best commercial efforts to ensure that, within 48 hours of the dateArtistic-Zeal's Systems are embedded into the Licensee’s website, the Licensee’s website will become substantially accessible in accordance with the provisions of the Standard. Nonetheless, it is possible that, for reasons arising from the Licensee’s website and/or changes and updates that may be performed, from time to time, by the Licensee and/or their representatives on the Licensee’s website and/or for other reasons beyond the control of the Company, the Licensee’s website may not be substantially accessible at any given time.
Should the Licensee provide the Company with a warning regarding an error or deviation from the provisions of the Standard, the Company will act to the best of its abilities to instruct the Licensee on how to repair such deviation, as noted in the warning, and to restore the Licensee’s website’s accessibility in accordance with the Standard, within a reasonable time of receiving such warning from the Licensee. Any Licensee warning concerning a breach must be as clear and specific as possible and refer to the component of the Licensee’s website that is not accessible. For the avoidance of doubt, the Company undertakes to repair such breach within the scope of Artistic-Zeal's System’s technical capabilities, as stated in Section 3 of the Sale, Purchase and Termination Policy of these Terms of Use.
The Company grants solely to the Licensees, and solely during normal business hours, technical support services, including assistance in operating Artistic-Zeal's Systems, solutions to malfunctions in Artistic-Zeal's Systems, use of the personal Licensee account and similar technical and operational matters of payment, purchase or termination of transactions.
The Licensee agrees to cause its client to report any malfunction or issue observed in Artistic-Zeal's Systems immediately to the Company by e-mail; upon receipt of such report, the Company undertakes to investigate the malfunction in a reasonably prompt manner.
The Company shall employ its best efforts to resolve malfunctions in Artistic-Zeal's Systems in a reasonably prompt manner. In the event that the technology needed to resolve an issue does not exist, or in the event that its implementation is not possible, the Company shall document the issue in its records and resolve it once this becomes possible on a technological level, subject to and in accordance with the Company’s undertakings toward the Licensee.
The Company does not undertake to manage and/or resolve malfunctions or issues originating in the Licensee’s website. For the avoidance of doubt, under no circumstances will any changes be made to the code in the Company’s systems and/or platforms in order to adapt them to the peculiar needs of a Licensee’s website.
Limitation of Liability and Customer’s Liability
Artistic-Zeal's Systems shall be provided to the Licensee “AS IS”, and the Company shall not bear any liability for damages incurred by the Licensee and/or any representatives thereof on account of their use of Artistic-Zeal's Systems and/or the Services and/or products or services of third parties that interface with Artistic-Zeal's Systems. The Company provides no undertaking, representation or warranty not specified in these Terms of Use, including without limitation any undertaking or representations with respect to the quality, reliability, accuracy, completeness, currency or availability of the information appearing in Artistic-Zeal's Systems, the use thereof or their suitability for any particular purpose.
From time to time, the Company may update and/or upgrade Artistic-Zeal's Systems (including the Company’s servers), which may cause a temporary interruption in the provision of the Services. The Company has no control over malfunctions that may occur, from time to time, in respect of the availability of the Services included in Artistic-Zeal's Systems, nor over services provided by third parties.
The Licensee is aware that the Company’s Website, any and all communications with the Company’s representatives, and the use of Artistic-Zeal's Systems do not constitute the provision of legal advice and may not be relied on for any legal purpose. The use of each of Artistic-Zeal's Systems or Services does not substitute legal consultation.
Without derogating from the generality of the foregoing, the ACE System reports may not accurately reflect a website's accessibility features.
The Licensee is aware that the installation of Artistic-Zeal's Systems cannot guarantee that claims will not arise and that embedding Artistic-Zeal's Systems in the Licensee’s website does not, on its own, fulfill all of the requirements of applicable law in respect of website accessibility (Artistic-Zeal does not remediate PDF files or create subtitles for videos, for example). The Company does not undertake that the Licensee’s website will be 100% accessible at any given moment, owing to factors such as Licensee changes made to the website, issues originating in the Licensee’s website and /or limitations stemming from technological reasons. The Licensee irrevocably waives any claims against the Company from any liability, legal or otherwise, and that it shall assert no claims against the Company in this regard.
It is the Licensees’ responsibility to verify, prior to using Artistic-Zeal's Systems, that tArtistic-Zeal's Systems are compatible with its needs and that its website is properly maintained, including the intactness of its content management system, the lack of JavaScript errors and other various malfunctions in its console that may be caused by the programming language that runs in its web browser. After the Licensee will imbed Artistic-Zeal's Systems onto Licensee’s website, it is the Licensees’ responsibility to test and verify the functionality of Artistic-Zeal's Systems on its website to ensure that none of the abovementioned issues or others will prevent Artistic-Zeal's Systems from performing. The Licensee shall have no claim regarding any incompatibility of Artistic-Zeal's Systems with its needs.
It is the Licensee’s responsibility to verify, prior to using Artistic-Zeal's Systems, the integrity of its website’s connectivity, and that of the server on which it is stored, to the internet network and to Licensee’s infrastructure (telephone, computer and so forth). The Company shall not bear liability for any damage to the Licensee on account of the foregoing issues, for which the Licensee is responsible.
Without derogating from the foregoing, the Licensee agrees that, in any event, the Company’s liability towards it will be limited to a sum equal to the aggregate payments made by the Licensee to the Company in the six (6) months preceding a claim or alleged breach, and no more.
The Company is not responsible for the contents of documents and/or graphics files and/or other data found on the Licensee’s website, including with respect to copyrights and/or patents and/or trademarks and/or accessibility of texts, pictures, attached PPT, EXCEL, WORD, PDF, audio, video, VIMEO or YouTube files, nor files of any other video provider, nor any other file of any kind for which Licensee is responsible.
The Company is not responsible for any loss and/or expense and/or damage incurred by the Licensee and/or any third party on account of its rendering the Licensee’s website accessible, and full and exclusive liability in this regard remains with the Licensee. Similarly, the Company is not responsible for re-organizing the Licensee’s website after Artistic-Zeal's Systems have been embedded. The Company shall not bear any responsibility for any damage, inconvenience or loss incurred by the Licensee, directly or indirectly, as a result of its use of Artistic-Zeal's Systems and the embedding thereof in the Licensee’s website.
The Licensee is aware that, as a security measure, in the event the Licensee’s requires deciphering of more than 1,000 images and/or links per website per month, Artistic-Zeal's System will block such exceeding decipher requests, and the Company will contact the Licensee requesting that the Licensee decipher all images/links on its website. The Company shall employ reasonable commercial efforts to instruct the Licensee on how to decipher such images/links. In the event the Licensee is unable or unwilling to implement the Company’s instructions, the Licensee may notify the Company that it wishes to terminate its engagement with the Company, which case the Company will fully refund Licensee for any fees paid with respect to the services related to the relevant website.
The Licensee shall bear sole responsibility for Licensee content appearing on its website and for Licensee’s compliance with laws applicable to it, including those relating to website accessibility. Without derogation, Licensee acknowledges that complying with applicable law requires it to consult an attorney; a matter that is beyond the scope of the technical Services rendered by Company. The Services rendered pursuant to these Terms of Use do not comprise, and Licensee hereby expressly exempts the Company from, examining website content and adapting it to applicable law and/or for examining the approvals required for the Licensee’s website in respect of or connected to accessibility legal requirements. It is emphasized that these examinations fall under the exclusive responsibility of the Licensee and will be performed by the Licensee or legal counsel on its behalf, at Licensee’s expense.
Without derogating from the release and limitation of liability set out above, in no event shall Company be responsible, and the Licensee exempts the Company from, any liability and/or duty and/or demand and/or claim arising prior to the completion of the accessibility rendering process on the Licensee’s website through the use of Artistic-Zeal's Systems.
In addition, and without derogating from the generality above, the Licensee shall indemnify and hold harmless the Company for any sum the Company bears and/or is required to incur for matters that are the Licensee’s responsibility, in addition to legal expenses, attorneys’ fees and other costs, to the extent applicable, within 30 days of receiving the Company’s first written demand.
The Licensee undertakes to embed the system in a staging or testing website before installing the system on its website, and, only after verifying that there is no malfunction or damage caused to its website, to embed Artistic-Zeal's Systems into its live or main website.
Artistic-Zeal's Systems, based on software, hardware, and communications networks, are exposed to the inherent risks of such systems, including the risk of malicious software (viruses, trojan horses, etc.), wiretapping, hacking by hostile entities, impersonations and other online systems and scams.
The Company invests its efforts in defending against these risks. Nonetheless, it is not possible, and the Licensee is aware that it is not possible, to ensure complete immunity, and there may be damages and/or losses incurred in the event that such risks are realized, including disclosure and/or corruption of information provided and/or presented in Artistic-Zeal's Systems, corruption of instructions/requests, unauthorized account actions, disruptions to the operation of Artistic-Zeal's Systems and/or their response time, including interruption, partial performance and/or late performance of instructions/requests, unavailability of Artistic-Zeal's Systems or the Services, etc., by virtue of such unlawful third party interference.
No conversation or correspondence with any Company employee or representative and/or other information provided by the Company shall be considered legal advice, and the Licensee shall have no claims to the contrary.
The Reseller shall assume full responsibility for the execution of all the applicable Terms of Use by the Licensees and ensure that any agreement executed between the Reseller and any Licensee shall include provisions instructing the Licensees to comply with these Terms of Use.
Intellectual Property
The intellectual property rights, including copyrights and trademarks (should any exist) in Artistic-Zeal's Systems or the Services or any other content included in Artistic-Zeal's Systems or the Services (“Company IP”) belong solely to the Company, or to the third party that provided its permission for the Company to use them. You may not copy, distribute, publicly display, publicly perform, transfer to the public, amend, process, create derivatives of, sell or lease any part thereof, whether by yourself or in cooperation with any third party, in any way or using any means, whether electronic, mechanical or optical, using photographic or recording means, or through any other means, without receiving the prior written consent of the Company and/or the other rightsholders, as applicable, and subject to the terms of such consent (if any). This provision is also valid in respect of any processing, editing or translation performed by the Company on content input or provided by the Licensee to Artistic-Zeal's Systems. For the avoidance of doubt, and without derogation from the generality above, the databases, software, code, systems and applications, graphics files, media and audio files, written content, code content and other materials, including designs and graphics, relating to the Company IP also belong to the Company, and it holds the exclusive rights thereto.
The Licensee is not entitled and will not be entitled to use Artistic-Zeal's Systems or any part thereof in a manner that breaches the provisions of these Terms of Use, or that could harm the rights of the Company and/or the rights of any third party, using any means, digital or otherwise, without the prior written consent of the Company.
If and to the extent that consent is granted for the use of the Company IP, the Licensee must refrain from removing, deleting or obscuring any notice or symbol concerning Company IP rights, such as copyright symbols (©) or trademarks (®) that accompany the content being used by the Client.
The trademarks and advertising messages of the advertisers in Artistic-Zeal's Systems are the sole property of such advertisers. Without derogating from the prohibitions above, no use may be made of these either, without obtaining prior written consent.
The name “Artistic-Zeal” and any trademarks and/or service marks or symbols are the property of the Company. The purchase of a License does not afford the Licensee the right to make use of any of the trademarks and/or service symbols for any purpose not expressly stated in these Terms of Use.
Upon purchasing a License, the Licensee approves the Company’s disclosure of the fact that it provided and/or provides the Services to the Licensee, and that Artistic-Zeal's System is embedded in the Licensee’s website. The Licensee further confirms that the Company may make use of its trade name and the address of the website in which Artistic-Zeal's Systems are embedded, and may make worldwide and indefinite use of the Licensee’s logo, for the Company’s marketing purposes.
The provisions of this intellectual property clause shall apply notwithstanding the cessation of the provision of the Services upon the conclusion of the License, for any reason.
The provisions of this section do not derogate from the provisions of any law or from any rights afforded the Company by law.
Messages and Updates
Updates and other messages on behalf of the Company, including advertisement mail, may be sent to Licensees by e-mail, regular post, text message, fax, or by any other means, to the address provided by the Licensees when it registered for the Services (provided that the Licensees approved the sending of such messages).
Termination of the Services
The Company may, from time to time and without prior notice, limit or terminate a Client’s access to Artistic-Zeal's Systems and the Services and refuse to provide it with such access, in the event of one of the following instances (without derogating from any other remedy afforded the Company by law):
If a Licensee breaches these Terms of Use;
If the Company is unable to verify and/or validate information provided by a Licensee or if the Company reasonably believes the information provided by a Licensee is incorrect or inaccurate, in both such instances after Company makes reasonable efforts to communicate with a Licensee without avail;
If the Company reasonably believes that a Licensee’s use of Artistic-Zeal's Systems and/or the Services is giving rise to monetary risk and/or fraud of any kind and/or raises concerns of such; or
If the Company reasonably believes that a Licensee’s use of Artistic-Zeal's Systems and/or the Services is overloading its systems and taking too many resources due to technical issues with Licensee site, or with the Company's systems or any for any other technical reason.
If the Company reasonably believes that a Licensee’s actions may cause a monetary loss and/or payment and/or create legal liability for the Company towards any third party.
Choice of Law and Jurisdiction
Please abide by the "Choice of Law and Jurisdiction" as found in the third-party technology provider's "Terms of Use."
