Last updated: June 16, 2022
Part A: Provisions Applicable to All Users
The following provisions shall apply to all Users, including without limitation each registered Coordinator (”Coordinator” or “Coordinators”), the parent or legal guardian (“Parent” or “Parents”) and friends or family members (“Friends and Family”) of a child Artist (“Artist” or “Artists”), and all other visitors to the Site:
As an educational website catering to schools, teachers, and Parents, Square 1 Art provides a unique set of services for visitors to the Site. The following uses are explicitly permitted: Except as otherwise limited by these Terms or by Square 1 Art, individuals, organizations, schools, and businesses are free to use the Site for any lawful purpose that furthers the interests of customers as determined by Square 1 Art. The materials posted on the Site, including both text and graphics, may be accessed, downloaded, or sent to a printer solely for the User’s personal, private, non-commercial, and lawful use.
- Prohibited Uses
Prohibited uses of the Site include, without limitation, the following:
- No text, graphics or other material or content available on this Site may be copied, modified, or distributed for commercial purposes without prior written permission from Square 1 Art.
- Artists under the age of 13 may not register for an account with Square 1 Art, make a purchase as a guest with an access code, or complete and submit a request for information form through this Site.
- Some pages on the Site provide users with an opportunity to share or exchange ideas and information. The ideas and information posted on those pages do not necessarily reflect the views of Square 1 Art. No User under the age of 13 may post information in these areas, and no User may post individually identifiable information regarding a child under the age of 13. While using these pages, Users may not upload, post, transmit, email, or otherwise distribute any material that may be unlawful, harmful, obscene, defamatory, libelous, hateful, threatening, damaging to software or hardware, or racially, ethically, or otherwise objectionable. Users also are prohibited from uploading, posting, transmitting, emailing, or otherwise distributing any material that invades another’s privacy or publicity rights, or that infringes on any party’s trademark, copyright, or other intellectual property rights. Square 1 Art reserves the right to remove any content from the Site at any time and for any reason in its sole discretion. Square 1 Art will remove any information identifying a child under the age of 13, to the extent Square 1 Art is aware such information is made public.
- Users may not impersonate any person or entity on the Site, including, without limitation Square 1 Art employees, Artists whose work is featured on the Site, or any teacher or Parent of such Artists.
- Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted to Square 1 Art or through the Site is prohibited.
- Users covenant and agree that their use of the Site and Square 1 Art’s services will not harm minors in any way. Without limiting the foregoing, each User specifically covenants and agrees that without it will not transmit or post any content that violates child pornography laws, child sexual exploitation laws, obscenity laws, or any other law or regulation.
- Users may not advertise or solicit on the pages of the Site without Square 1 Art’s prior written permission.
- All Users, including Coordinators and Parents, must provide accurate information in the name fields, address fields, and any other fields provided on the Site. Users are forbidden from providing false email addresses to Square 1 Art.
- Users may not transmit any unsolicited or unauthorized advertising, emails, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation to Square 1 Art or to Users through the Site. Square 1 Art will not post publicly the names of participating schools and Coordinators for any reason.
- CHOICE OF LAW, JURISDICTION, AND VENUE; SEVERABILITY
These Terms shall be construed and enforced in accordance with the laws of the State of GEORGIA in the United States. Any action to enforce these Terms shall be brought in a federal or state court located in the State of GEORGIA having jurisdiction over such action, and all Users consent to personal jurisdiction and venue in such courts.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be stricken and the remaining provisions shall remain in full force.
- Links to Third-Party Websites
Users may obtain access to third-party websites through links on the Site. These links are provided as a convenience to the Users of our Site. While Square 1 Art attempts to ensure that the content available at such links is not offensive or objectionable, Square 1 Art is neither liable nor responsible for any content or information on third-party websites. Furthermore, because Square 1 Art has no control over the owners or content of the third-party websites to which its Site links, Square 1 Art does not guarantee, represent, or warrant that the content or links provided on such third-party websites are accurate, legal or appropriate for all viewers. Any use of these third-party sites is also subject to their respective terms & conditions of use.
- Special Admonitions for International Use
Users agree to comply with all local rules and laws regarding online conduct and acceptable content. Users of the Site located outside of the United States acknowledge and agree that they access the Site at their own risk, and that they are solely responsible for complying with all local laws in force in the jurisdiction where they are located. Specifically, and without limitation, Users agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which the User resides.
- Disclaimer of Warranty.
USERS ACKNOWLEDGE AND EXPRESSLY AGREE THAT:
- USE OF SQUARE 1 ART’S SERVICE (THE “SERVICE”) IS AT THE USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SQUARE 1 ART EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SQUARE 1 ART MAKES NO WARRANTY THAT THE SERVICE WILL MEET THE USER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SQUARE 1 ART AND ITS SITE WILL MEET THE USER’S EXPECTATIONS, OR THAT ANY ERRORS ON THE SITE OR IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED FROM THE SITE OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT THE USER’S OWN DISCRETION AND RISK, AND THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ACCESSING OR DOWNLOADING ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM SQUARE 1 ART SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
- Limitation of Liability
NEITHER SQUARE 1 ART NOR ANY OF ITS DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, VOLUNTEERS, AGENTS, AND AFFILIATES SHALL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOST REVENUE OR PROFITS) RESULTING FROM OR RELATING DIRECTLY OR INDIRECTLY TO SQUARE 1 ART AND/OR ANY USER’S USE OF THE WEBSITE.
By using this Site, the User agrees to indemnify, defend, and hold Square 1 Art and its directors, managers, officers, employees, subsidiaries, volunteers, agents, and affiliates harmless from any liability to third parties, including reasonable legal fees, arising from or related directly or indirectly to the User’s breach of these Terms, or the violation of any statutory or common law or the breach of the rights of any third party.
- Merchandise Ordering, Replacement of Defective Merchandise, and Shipping
Square 1 Art offers Users a service to reproduce children’s artwork on gift merchandise such as coffee mugs, aprons, and other items. If a User orders merchandise by misrepresenting himself or herself as a Parent or one with Parental permission, that User may be prohibited from further use of the Site and may also be subject to criminal prosecution as well as civil liability.
Each item ordered by a User is custom produced and cannot be replaced, returned, or exchanged because of a User’s mistake when placing the order. Users are responsible for ensuring the correctness of their orders before submitting and confirming their orders.
Once an order is submitted and confirmed online, the order may not be canceled. If the User is dissatisfied with a merchandise purchase, Square 1 Art will replace the item(s) free of charge, subject to the following conditions and restrictions:
- If a User receives a gift item that depicts artwork that was not selected by the User or an item that is broken or otherwise defective, Square 1 Art will replace the item free of charge if notified of the problem within 30 days after delivery of the merchandise to the User.
- Items ordered from Square 1 Art are custom manufactured with the utmost care to achieve the best reproduction quality on all merchandise. However, artwork submitted to Square 1 Art may not be compliant with the Art Requirement provided by Square 1 Art. Non-compliant artwork may not reproduce well on merchandise. Therefore, before confirming an order, the User must check the artwork on the Site to ensure adequate image quality. Square 1 Art will not replace any merchandise that is a faithful reproduction of the artwork image in our archive and displayed on the Site. However, if the reproduction quality is poorer than the image on the Site, Square 1 Art will replace the item free of charge if notified of the problem within 30 days after delivery of the merchandise to the User.
- To notify Square 1 Art of a broken, defective, or poor quality reproduction of the image displayed on the Site, the User must email Square 1 Art at email@example.com and include the following information: the User’s name and mailing address, the order number, the Access Code for the Artist, the correct art identification number (if applicable), and the reason for the requested product replacement.
- The User is responsible for ensuring that the artwork User selects for reproduction is artwork created by the intended Artist. Square 1 Art will not replace merchandise if a User orders merchandise depicting artwork from the wrong Artist.
- The User must ensure selection of the correct size of any item prior to finalizing the merchandise order. Square 1 Art will not replace, exchange, or accept the return of any merchandise because of erroneous size selection.
SHIPPING AND HANDLING: Users can determine the applicable shipping rate for items in their Cart by:
- Adding items for checkout to the shopping cart;
- Reading the Rate as published under “Shipping” in the shopping cart;
- Selecting Shipping address and billing address;
- Selecting a payment method and selecting Continue.
- The total shipping & handling cost will be listed under “Order Summary.”
Square 1 Art will notify users at checkout if it is unable to ship specific items to the address provided. Because all items are custom manufactured, items will be shipped approximately 3-4 weeks from time of purchase.
SALES TAX is collected in GA, NJ, FL, TN, KY, WI, AR, CA, CO, CT, IL, IA, ME, MD, MI, MN, NE, NC, OH, OK, PA, RI, SC, TX, VA, WA, NY, and MA.
- COPYRIGHT CLAIMS
Square 1 Art may remove artwork, lesson plans, or any other material from the Site at any time without notice, and Square 1 Art will terminate User privileges in appropriate circumstances, including, without limitation, by terminating the User privileges of Users who are the subject of repeated copyright claims.
- Contact Information:
For additional information, contact us via email at firstname.lastname@example.org or by mail at:
Square 1 Art LLC
5470 Oakbrook Parkway, Suite E
Norcross, GA 30093
Part B: Additional Provisions Applicable to Coordinators
In addition to the provisions in Part A of these Terms, the following provisions shall apply to all Coordinators:
- Coordinator Registration
To register as a Coordinator for a school with Square 1 Art, the Coordinator must be 18 years or older. Coordinators that register and login to use the Site acknowledge and agree that they have received all necessary permissions to take such action, including, without limitation, the permission of school and school district administrators. The Coordinator agrees that the information provided to Square 1 Art upon registration and at all times thereafter will be true, accurate, current, and complete. The Coordinator also agrees to ensure that all information provided to Square 1 Art is kept accurate and up to date at all times, including without limitation, the Coordinator’s email address, which is the primary method by which Square 1 Art will correspond with the Coordinator.
- Coordinator Account, Password, and Security
The Coordinator receives a unique code and will create a username and password in order to access the school’s customer portal (“Coordinator’s Corner”). All school account and reservation information appear in a read-only format. The Coordinator is responsible for maintaining the confidentiality of the password and the account, and the Coordinator is solely responsible and liable for all activity that occurs by way of that password-protected account. Additionally, the Coordinator expressly agrees:
(a) to immediately notify Square 1 Art of any unauthorized use of their password or account or any other breach of security relating to their account or to the personally identifiable information of any Artist, and
(b) to ensure that they properly log out of their account at the end of each session. Square 1 Art is not liable for any direct or indirect loss or damage resulting from the Coordinator’s failure to comply with this Section.
- Coordinator Artwork Submission
The Coordinator is not allowed to submit artwork that is unsuitable, including without limitation, artwork that is sexually explicit or that depicts nudity or violence. The Coordinator may not submit artwork that depicts or contains the copyrighted materials or trademarks owned by others including without limitation company or product logos, copyrighted cartoon characters or other material that could infringe on the intellectual property rights of third parties. For privacy and security reasons, the Coordinator may not submit artwork that contains photographs or images of people, especially the Artist or any other child. Square 1 Art is not liable or responsible for artwork submitted by a Parent that depicts the last name of the Artist. Square 1 Art reserves the right to refuse any artwork that is submitted for display on the Site for any reason and in its sole discretion. In all cases, Square 1 Art’s decision shall be final
Part C: Additional Provisions Applicable to Parents
In addition to the provisions of Part A of these Terms, the following provisions shall apply to Parents:
The Parent covenants and agrees that the information provided upon registration and at all times thereafter will be true, accurate, current, and complete. The Parent also agrees to ensure that this information is kept accurate and up to date at all times. This is especially important with respect to the Parent’s email address, which is the primary method by which Square 1 Art will correspond with the Parent.
Artists under the age of 13 may not register for an account with Square 1 Art or complete and submit a request for information form through this website.
- Parent Account, Password, and Security
Upon registration, the Parent creates a password and supplies an email address for correspondence. The Parent must create a password that is personal to them and must not share this password with anyone. The email address supplied by the Parent must be an email address that only the Parent can access. The email account must not be shared with anyone else, especially the Artist or any other minor. The Parent is solely responsible for all activities that occur using their account. Additionally, the Parent expressly agrees:
(a) to immediately notify Square 1 Art of any unauthorized use of their account or any other breach of security of their account or their child’s personally identifiable information, and
(b) to ensure that they properly logout from their account at the end of each session.
Square 1 Art is not to be liable for any direct or indirect loss or damage resulting from the Parent’s failure to comply with this section or any other aspect of these Terms.
- Parents’ Access to Artwork
Parents can view their child’s artwork on the Site, and Parents may request that any or all of the child’s artwork be removed from the Site at any time. Parents are able to remove the artwork from the site, themselves. However, Square 1 Art reserves the right to continue to display the child’s artwork only in any brochures, articles, or any other Square 1 Art materials.
Square 1 Art Artists retain ownership of their artwork. However, by registering as a Parent of an Artist, the Parent, on behalf of both the Parent and the Artist, grants Square 1 Art the irrevocable, royalty-free, assignable, sub-licensable right and license to use, re-use, copy, publish, republish in whole or part, edit, add to, modify, and rearrange the Artist’s artwork solely in connection with providing and promoting the Site and/or its services sharing artwork with Square 1 Art’s affiliates and sublicensees producing custom merchandise depicting the artwork.
- Parents’ Permission for Friends and Relatives
As a convenience, Square 1 Art also extends the opportunity to order merchandise to relatives and friends of the Artist who have obtained Artist’s Access Code from one of the Artist’s Parents to order merchandise depicting that child’s artwork.
When a relative or friend orders merchandise depicting a particular piece of artwork, Square 1 Art presumes that the Parent has granted such Users permission to order merchandise depicting their child’s artwork.