Terms of Use & Code of Conduct

These Terms of Use & Code of Conduct (these "Terms") apply to the services and information (collectively, the "Services") that Deviathan, LLC (“Deviathan,” "INPRNT," "we," "our", or "us") provides to you, including those that we make available through our website at https://www.inprnt.com/ (our "Website") (the Services, together with our Website, our "Platform"). To assist you in using the Platform and to ensure a clear understanding of the relationship arising from your use of the Platform, we have created (i) these Terms, and (ii) the Privacy Policy, (iii) the Artist Agreement, and (iv) the Customer Terms. Our Privacy Policy explains how we treat information you provide to us through the Platform, including Personal Information (as such term is defined in the Privacy Policy), and our Terms govern your use of our Platform. PLEASE READ THESE TERMS OF USE & CODE OF CONDUCT CAREFULLY. THESE TERMS IMPOSE LEGAL OBLIGATIONS ON YOU AND ON US, AND ESTABLISH OUR LEGAL RELATIONSHIP.

1. Our Platform.

Since INPRNT was founded in 2006, we have worked to help artists spend more time doing what they love: creating. We make gallery quality art prints at our studio, assisting artists with aspects of printmaking, shipping, and customer service, so that they can focus on creating. We strive to empower the art community and to make our curated collection totally unique. Today we assist thousands of artists producing art in a diverse variety of styles, themes, and subjects. As we have grown, our commitment has always been to put artists first. Our Platform allows: (i) our featured artists ("Artists") to submit their original artworks (“Artworks”) and to offer prints of such Artworks for purchase in various sizes and styles (collectively, "Products"); and (ii) our customers ("Customers") to browse and order such Products for purchase and delivery.

2. Your Agreement.

These Terms apply to anyone that uses or visits our Platform (collectively, "you"), including Artists and Customers. You indicate your consent to these Terms in different ways, depending on your relationship with us, as set forth below.

  • 2.1. Consent by Non-Registered Users.

    We have structured our Platform so that you are able to view a limited amount of information available on our Platform and use certain of our Services without registering an account with us. By accessing, downloading, or otherwise using our Platform or Services as a non-registered user, you are acknowledging that you have read and understood, and agree to be legally bound by, these Terms.

  • 2.2. Consent by Registered Users.

    Certain of our Services are available only to users who have registered with us and created user accounts ("Registered Users"). To participate in the Services as a registered user, you must: (i) complete the registration process at our Platform; and (ii) indicate your consent to these Terms in the manner we specify during the registration process.

  • 2.3. Consent by User Acting in a Representative Capacity.

    If you are agreeing to our Privacy Policy on behalf of a company or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in this Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.

  • 2.4. Your Consent to Our Privacy Practices.

    Our Privacy Policy explains how we treat information that you provide to us, including through the Platform. By accessing our Platform, you consent to our privacy practices as set out in our Privacy Policy, which is available at: Privacy Policy.

3. Relationship to Privacy Policy and Other Contracts.

These Terms must be read in conjunction with (i) any other agreements into which you and INPRNT may enter concerning the Platform, including: if you are an Artist, the Artist Agreement, and, if you are a Customer, the Customer Terms, and (ii) our Privacy Policy (collectively, the “Other Agreements”). The provisions of our Privacy Policy are incorporated herein. To the extent these Terms conflict with the terms of the Other Agreements, the terms of such Other Agreements shall control. Similarly to the extent these Terms conflict with the terms and conditions of any specific Other Agreements you enter with us, the terms and conditions of such Other Agreements shall control.

4. Registration; Password Protection.

In order to access and participate in certain of our Services, you must become a Registered User. For example, only a Registered User can participate in the Services as an Artist. During the registration process, you will be required to provide certain information about you. You agree that the information you provide to us in this process is complete and accurate. If you become a Registered User, and if you obtain a password, please keep in mind that we will treat anyone who uses your user name and password as "you". We will provide this user with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your user name and password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the Platform and your participation in the Services. Please notify us immediately if you suspect that someone is using your user name and/or password in an inappropriate manner.

If you wish to become an Artist featured on our Platform, in addition to the user registration described above, you must complete our artist application process by submitting your portfolio and other information that we request, and agree to our Artist Agreement.

5. Ownership; Reservation of Rights.

All information, software, videos, audio, pictures, logos, trademarks, trade dress, and other content on the Platform or embodied in our Services, including all associated intellectual property rights (collectively, the "INPRNT Content"), are the property of INPRNT and its licensors, and protected by U.S. and international copyright and other intellectual property laws, or are used under the principles of fair use. INPRNT and its licensors retain all rights with respect to the Platform and the INPRNT Content, except those expressly granted to you in these Terms. You agree not to duplicate, publish, display, distribute, modify, or create derivative works from the material available through the Platform unless specifically authorized in writing to do so by INPRNT.

6. Grant of Rights to You in INPRNT Content.

Subject to your compliance with these Terms, we grant to you a limited, non-exclusive, non-transferrable, worldwide right to access, execute, perform, and otherwise use the Platform and INPRNT Content solely for your personal use, and provided that you shall not: (i) license, sublicense, sell, resell, distribute, or otherwise commercially exploit the Platform or INPRNT Content; (ii) modify or make derivative works based upon the Platform or INPRNT Content; or (iii) reverse engineer, reverse compile, or access the Platform or the INPRNT Content in order to build a competitive product or service. You may access and view the Platform and the INPRNT Content for use solely as provided in these Terms, and you may not modify, copy, distribute, or otherwise use the Platform or the INPRNT Content for any other purposes.

7. Code of Conduct.

AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO FOLLOW OUR CODE OF CONDUCT (THE "CODE OF CONDUCT"), SET OUT BELOW. UNDER THIS CODE, YOU WILL NOT:

  • Use the Platform for purposes that are unlawful, obscene, harmful, hateful, invasive of the privacy of others, objectionable, or otherwise prohibited by these Terms.
  • Use the Platform in a manner that could disable, overburden, or impair the v or interfere with another party’s use and enjoyment of the Platform, such as through sending “spam.”
  • Seek to obtain access to any Services, materials, accounts, or information through hacking, data harvesting, data mining, or through other means we have not intentionally made available to you through the Website or Services.
  • Infringe our or any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.>

8. Monitoring; Revocation or Suspension of Use Privileges.

We reserve the right at any time to (i) monitor your use of the Platform, and (ii) terminate or suspend your use of some or all portions of the Platform if you engage in activities that we conclude, in our discretion, breach our Code of Conduct or otherwise violate these Terms, our Privacy Policy, or Other Agreements (as defined below). Although we have no – and assume no – obligation to monitor activities on the Platform, we may employ filters designed to detect and block inappropriate content under our Code of Conduct. We reserve the right to request edits or to remove any information or material, in whole or in part, that we believe, in our sole discretion, is incompatible with our Code of Conduct. IF YOU DO NOT REMOVE OBJECTIONABLE CONTENT IN RESPONSE TO OUR REASONABLE REQUESTS, THEN WE RESERVE THE RIGHT TO TERMINATE YOUR USE OF SOME OR ALL OF THE PLATFORM OR SERVICES, AND TO REMOVE THE CONTENT AT ISSUE.

Our Code of Conduct is based in many instances on principles of applicable law. Accordingly, users who violate our Code of Conduct may be exposed under these laws to criminal charges, and civil liability to harmed parties for compensatory damages and attorney's fees. INPRNT reserves the right at all times to disclose information that it deems necessary to satisfy any applicable law, regulation, legal process, or governmental request, consistent with our Privacy Policy.

Although our Platform facilitates offering and purchasing Products among Artists and Customers, and we do not endorse or recommend any particular Artists or Products. INPRNT is not responsible or liable for user conduct, or Submitted Content (defined below). You are solely responsible for your conduct and Submitted Content, and interaction with other Platform users, both online or offline. We have no obligation to become involved in disputes between Platform users. If you have a dispute with another Platform user, then you release INPRNT (and our subsidiaries, affiliates, officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

9. Reports and Complaints.

If you believe that a user has acted inappropriately, such as by violating our Code of Conduct, then you may report your concerns by contacting us as set out in Section 20 (Contact Us).

10. Links to Third Party Platforms.

The Platform may contain links to third party websites or third party features (collectively, the "Linked Sites"). Linked Sites may include websites operated by third parties that we engage to provide certain Services on our behalf, such as to process your payments. INPRNT does not own these Linked Sites and INPRNT does not assume any responsibility or liability for any content, opinions, material available on Linked Sites, or such Linked Sites' privacy practices with respect to information that you provide to the Linked Sites. INPRNT does not endorse the content of any Linked Site or warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other web-access device. By using the Platform to link to another site (including Linked Sites), you agree and understand that such use is at your own risk.

Be aware that if you submit Personal Information to a Linked Site, then the Personal Information that you submit to the Linked Site shall be governed by the Linked Site's privacy policy and terms of use, and not by our Privacy Policy; provided, however, if such Linked Site is collecting and/or processing such Personal Information on our behalf, then we will treat the Personal Information in accordance with our Privacy Policy.

11. Content You Submit to INPRNT.

  • 11.1. Submitted Content.

    We give you the ability through the Platform to publicly engage with us and others, and this may include submitting content on your user profile, and other information and materials that you wish to share (collectively, "Submitted Content"). The term Submitted Content expressly excludes Artworks, which are governed by the Artist Agreement. By providing Submitted Content, subject to your rights in Personal Information (as set out in our Privacy Policy), you authorize us to use and allow others to copy, modify, display, distribute, perform, use, and otherwise exploit the Submitted Content in any manner and in any location, channel, or medium, all without compensation to you and for so long as we deem warranted (collectively, the "Use Rights"). In addition, you authorize us to grant any third party some or all of the Use Rights. Moreover, by providing Submitted Content, you represent and warrant that you have sufficient authority and right to provide the content and to provide these Use Rights.

    By providing Submitted Content, you represent and warrant that: (i) that you own the Submitted Content (including any related copyrights or other intellectual property rights) or have sufficient authority and right to provide the content and to grant the Use Rights; (ii) the Submitted Content will not infringe upon, violate, or otherwise conflict with any third party rights; and (iii) if the Submitted Content depicts a person or persons, then each person depicted has provided you with consent to use the Submitted Content as set forth in these Terms.

    INPRNT acts only as a passive conduit for your distribution and publication of your Submitted Content. INPRNT takes no responsibility and assumes no liability for any Submitted Content that you or any other user or third party posts, sends, or otherwise makes available via the Platform. You shall be solely responsible for your Submitted Content and the consequences of posting, publishing, sharing, or otherwise making it available on our Platform. You understand and agree that you may be exposed to Submitted Content on our Platform that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. INPRNT shall not be liable for any damages you allege to incur as a result of or relating to any Submitted Content.

  • 11.2. Information about Others.

    If you provide us with information about another individual or otherwise include information about another individual with Submitted Content, you expressly acknowledge and agree that you have sufficient legal authority to act on that individual's behalf.

  • 11.3. Right to Decline Submitted Content.

    We expressly reserve the right to refuse to use (or to disable or remove) Submitted Content that we conclude, in our sole discretion, violates these Terms or our Privacy Policy, or is incompatible with the purposes of our Platform or operations.

12. Warranty Disclaimer.

INPRNT DOES NOT PROMISE THAT THE PLATFORM OR INPRNT CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR WITHOUT INACCURACIES. THE PLATFORM (INCLUDING SERVICES) AND INPRNT CONTENT ARE DELIVERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WHEN YOU ACCESS OR USE THE PLATFORM OR INPRNT CONTENT, YOU DO SO AT YOUR OWN RISK. INPRNT DOES NOT WARRANT OR REPRESENT THAT MATERIALS YOU DOWNLOAD FROM THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER HARMFUL FEATURES.

INPRNT EXPRESSLY DISCLAIMS: (i) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (ii) ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, OR LEGALITY OF INFORMATION AVAILABLE THROUGH THE PLATFORM (INCLUDING INPRNT CONTENT); AND (iii) ANY RESPONSIBILITY OR LIABILITY FOR HARM RESULTING FROM DOWNLOADING OR ACCESSING INFORMATION THROUGH THE PLATFORM OR INPRNT CONTENT, INCLUDING HARM CAUSED BY VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE YOUR ACCESS TO OR USE OF THE PLATFORM AND INPRNT CONTENT IS AT YOUR SOLE RISK.

13. Limitation of Liability.

UNDER NO CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL INPRNT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE PLATFORM (INCLUDING ANY SERVICES) OR THE INPRNT CONTENT. IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE, OR CLAIM RELATED TO OR ARISING OUT OF YOUR USE OF THE PLATFORM (INCLUDING ANY SERVICES) OR THE INPRNT CONTENT EXCEED THE AMOUNT OF FEES: (I) PAID BY INPRNT TO YOU, IF YOU ARE AN ARTIST USER; OR (II) PAID BY YOU TO INPRNT, IF YOU ARE NOT AN ARTIST USER. You agree that in the event that you have any right, claim, or action against any third party arising out of such party's use of the Platform, then you will pursue such right, claim, or action independently of and without recourse to us.

14. Indemnity.

You agree to defend, indemnify, and hold INPRNT and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms or the Privacy Policy.

15. Contact for Alleged Copyright Infringement.

INPRNT respects the intellectual property rights of others and requires that its users do the same. If you believe that any content (including Submitted Content and INPRNT Content) on the Platform or other activity taking place on the Platform constitutes infringement of a work protected by copyright (each, a "Work"), please notify us as follows:

  • Attn: Copyright Manager
    Deviathan LLC
    2423 S Orange Ave
    PMB 190
    Orlando, FL 32806

  • Phone: 1 407-459-1584

  • Email: [email protected]

Your notice must comply with the Digital Millennium Copyright Act (17 U.S.C. §512) (the "DMCA"). Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.

We have implemented a repeat infringer policy to address instances in which a particular user is subject to multiple DMCA notifications (the "Repeat Infringer Policy"). If we determine that a user has violated our Repeat Infringer Policy, then we may take in our sole discretion any number of steps including, but not limited to, issuing warnings to the applicable user, suspending or terminating that user's account, and/or any interim measures that we deem appropriate.

16. Modifications to these Terms; Assignment.

We may modify and change these Terms over time. We will not "retroactively" change these Terms, and any modifications we make shall take effect proactively, once you next access the Platform. Please feel free to print out a copy of these Terms for your records. These Terms shall not be assignable by you, either in whole or in part. INPRNT reserves the right to assign its rights and obligations under these Terms.

17. General.

These Terms shall be governed in all respects by the laws of the State of Florida without giving effect to its conflicts of law provisions. Both parties submit to the personal jurisdiction of and venue in the state and federal courts located in the judicial district that includes Orlando, Florida. The parties further agree that any cause of action arising under these Terms or our Privacy Policy shall exclusively be brought in such courts. If any provision of these Terms is held to be invalid or unenforceable, then such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. INPRNT's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Subject to Section 19 (Relationship to Privacy Policy and Other Contracts), this agreement and the terms and conditions contained herein set forth the entire understanding and agreement between INPRNT and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.

18. Survival.

In addition to any right or obligation that by its nature or intent is intended to survive the termination or expiration of these Terms, the following Sections shall survive any termination or expiration of these Terms and shall apply indefinitely:

  • Section 5 (Ownership; Reservation of Rights); Section 12 (Warranty Disclaimer); Section 13 (Limitation of Liability); Section 14 (Indemnity); Section 16 (Modification to these Terms; Assignment); Section 17 (General); and Section 18 (Survival).

19. Additional Terms.

Certain Services may be subject to additional or different terms and conditions. We will notify you if a Service is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such Service if you do not agree with the differing terms and conditions.

20. Contact Us.

If you have any questions about these Terms, the practices of our Platform, or your dealings with our Platform, please contact us by using the information below, or by other means of communication as described on our Platform: Support Center.

21. Effective Date.

The effective date of these Terms of Use & Code of Conduct is November 22, 2021.

22. COPYRIGHT AND LEGAL NOTICE.

Copyright © 2021 Deviathan, LLC. All Rights Reserved.