Licenses, Terms of Service, and Acceptable Use Policy for Buyers and Artists

All graphical assets in this template are licensed for personal and commercial use. If you'd like to use a specific asset in some way, please check the terms below.

IN PLAIN ENGLISH: 

‍When you buy an item, it is yours to print out and display and love and admire as much as you want and anywhere you choose publicly or privately because, hey, you paid for it! However, you do not have the right to resell it to someone else.

THE LEGALISE:

Terms of Service

‍Last Updated: January 22, 2022
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‍I) INTRODUCTIONWelcome to ZIPART.SHOP.com. Please read these Terms of Service(this “TOS”) carefully before using the services offered by ZIPART.SHOP, as itis a legally binding contract between ZIPART.SHOP and its users and visitors(“users,” “you”).This TOS sets forth the terms and conditions of our relationship and governs your use of the ZIPART.SHOP website at ZIPART.SHOP.com(“Platform”), including your offering for sale and/or purchase of visual art(“Artwork”) through the Platform’s marketplace (“Marketplace”), your offering of, provision, or purchase of creative services (“Creative Services”), your offering of or application to a job (“Job Board”), your offering or application to a contest (“Open Call”), and all other features, applications, newsletters,blogs, materials, and services offered by ZIPART.SHOP relating to the foregoing, whether now offered or offered at a future date (collectively, the“Services”). These Terms incorporate by reference the ZIPART.SHOP Arbitration Policy, Community Guidelines, DMCA (Copyright) Policy, Image Upload Guidelines, Store and Showroom Rules, Open Call Rules,and Privacy Policy (collectively, these “Terms”).IMPORTANT NOTICE: SECTION XX OF THIS TOS CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL REQUIRE YOU TO SUBMIT ANY CLAIMS YOU MAY HAVE AGAINST ZIPART.SHOPTO BINDING AND FINAL ARBITRATION. IN ADDITION, UNDER THE ARBITRATION PROVISION,(A) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST ZIPART.SHOP ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (B) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND ALL OF THESE TERMS, INCLUDING BUT NOT LIMITED TO SECTION XX OF THETOS AND THE ARBITRATION POLICY.You acknowledge and agree that, as the provider of the Platform,ZIPART.SHOP does not: (a) own, control, offer or manage any listings on theMarketplace or Job Board, (b) manufacture, store, or inspect all or anyArtwork, or (c) own, control, offer or manage any Open Call. ZIPART.SHOP is nota party to the contracts concluded directly between users and does not act asan agent in any capacity for any user. AS FURTHER DESCRIBED IN SECTIONS XV(DISPUTES WITH OTHER USERS) AND XVII (WARRANTIES AND LIMITATION OF LIABILITY)BY AGREEING TO THE TERMS, YOU ACKNOWLEDGE AND AGREE THAT YOU UNDERSTAND THAT ZIPART.SHOP MAKES NO WARRANTY ABOUT THE CONDITION, QUALITY, OR LEGALITY OF THE ARTWORK THAT YOU PURCHASE. ANY LEGAL CLAIM RELATED TO ARTWORK, CREATIVE SERVICES, JOBPOSTINGS, OR OPEN CALLS MUST BE BROUGHT DIRECTLY AGAINST THE APPLICABLE USER AND NOT ZIPART.SHOP.Please read these Terms fully and carefully before accessing thePlatform or using the Services. IF YOU DO NOT ACCEPT THESE TERMS OR ARENOT ELIGIBLE TO USE THE SERVICES, YOU DO NOT HAVE OUR PERMISSION TO USE OR ACCESS THE PLATFORM, SELL OR PURCHASE ARTWORK, OR USE ANY OF ZIPART.SHOP’S SERVICES.
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‍II) MEMBER TERMS To use certain Platform features, you may be required to register for a member account (“Account”), as further described in Section V below. Registered Account holders of the Platform shall be referred to herein as a “Member” and unregistered Platform users shall be referred to herein as a“Visitor.” While these Terms apply to all Platform users, certain provisions of these Terms may apply only to Members or certain Member Types (as defined below).No part of the Platform is directed to or targets children younger than 13 years of age, and children younger than 13 years of age are not permitted to access the Platform or Services. Minors under the age of 18 and at least 13 years of age are only permitted to access the Platform or use the Services through an account owned by their parent or legal guardian with their direct supervision and permission. If the law applicable to your jurisdiction requires that you must be older than 18 for ZIPART.SHOP to provide you access to the Platform without parental consent, then the minimum age under such applicable law will be the minimum age for purposes of these Terms. ZIPART.SHOP strongly urges all parents and legal guardians to monitor the Internet use oftheir children. Parents should be aware that parental control tools are available from other sources on the Internet that you can use to prevent your children from accessing or submitting information online without parental permission. If ZIPART.SHOP learns that it has collected personal information of a child younger than 13 years old, ZIPART.SHOP will take steps to delete such information from ZIPART.SHOP’s files as soon as commercially reasonably possible. Please see ZIPART.SHOP’s Privacy Policy for further information and direct any inquiries related to the following to ZIPART.SHOP’s Contact Page.ZIPART.SHOP reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in ZIPART.SHOP’s sole discretion, and such new Terms will immediately take effect upon ZIPART.SHOPposting such new Terms on the Platform and updating the “last updated” date.Notwithstanding the foregoing, if ZIPART.SHOP makes any material changes to these Terms, ZIPART.SHOP will use reasonable efforts to notify you in advance by sending you an email about the changes or via other messages through thePlatform. Your continued use of the Platform following any changes to the Terms shall be deemed your acceptance of any and all changes to the Terms and your agreement to be bound by the most current Terms.
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‍III) INTELLECTUAL PROPERTY The Platform and all its contents are protected under various domestic and international copyright, trademark, and other applicable laws. As between you and ZIPART.SHOP, all right, title, and interest of any kind in and to the Platform, including, without limitation, all copyrights and intellectual property rights of any kind (excepting only Member Content which remains exclusively your property, as defined below in Section VII (Member Content))and ZIPART.SHOP’s name, logos, and overall brand (including the trademarks and service marks for ZIPART.SHOP™ and its logo), are entirely owned by ZIPART.SHOP or ZIPART.SHOP’s affiliates,licensors, vendors, and partners (collectively, “Affiliates”).Subject to your full compliance with the Terms, ZIPART.SHOP grants you a limited, non-exclusive, non-sublicensable, and non-transferable license and permission to access the Platform for the stated purposes herein.Notwithstanding the foregoing, nothing contained in these Terms should be construed as granting, by implication or otherwise, any license or right to use he Platform, Services, Artwork, or any other materials found on the Platform without the express written permission of ZIPART.SHOP or the applicable Affiliate or Platform user, beyond the rights to access, use, and/or view thePlatform for the expressly stated purposes herein. ZIPART.SHOP explicitlyreserves all rights not specifically contemplated herein that relate to thePlatform.If you believe your intellectual property rights are being infringed upon on the Platform, please use ZIPART.SHOP’s DMCA takedown procedure as outlined in ZIPART.SHOP’s DMCA Policy. Please note, ZIPART.SHOP cannot speakon behalf of intellectual property owners, nor is ZIPART.SHOP in a position to offer legal advice or make legal determinations (including fair usedeterminations) whether any Artwork or Member Content infringes someone else’s intellectual property rights. ZIPART.SHOP will strive to respond quickly when ZIPART.SHOPreceives proper notice of intellectual property infringements by removing or disabling access to the allegedly infringing material when provided with propernotice.

‍IV) THIRD-PARTY SERVICES, SITES, AND MATERIALS The Platform interoperates with several third-party sites services, including, without limitation, Facebook, Google, Stripe, and PayPal (collectively,“Third Party Services”). Some of the Services provided are dependent on the availability of such Third Party Services. If at any time any Third Party Services cease to provide the availability to ZIPART.SHOP, ZIPART.SHOP may cease to provide such features to you without entitling you to refund, credit,or other compensation. In order to use the features of the Services related to the Third Party Services, you may be required to register for an account with such Third Party Service. If any terms or policies of any Third Party Services conflict with these Terms, the terms or policies of the applicable Third Party Service will apply solely to the use of that Third-Party Service.You acknowledge and agree that your use of some Third Party Services is subject to your acceptance of the terms of use, privacy policy, and all other terms or policies of applicable Third Party Service. You understand ZIPART.SHOP does not control the terms, conditions, and privacy policies offered by Third Party Services, including, without limitation, how a Third Party Service manages personal information, charges you for their services, and how and when Third-Party Services modify or amend their own terms of service, privacy policies, and other terms and policies. ZIPART.SHOP encourages you to review all terms offered by a Third Party Service before using its services.Notwithstanding anything to the contrary contained herein, you acknowledge and agree that it is your sole responsibility to verify your ability to purchase,cancel, or obtain a refund for a Third Party Service. ZIPART.SHOP is not liable o you for any inability to obtain a refund from or through a Third PartyService. Your use of all Third Party Services is at your own risk, and ZIPART.SHOPis not responsible for any damages or other losses you may incur through using any Third Party Service.The Platform may contain links to third-party content for users’ convenience, advertising purposes, or other functions related to ZIPART.SHOP’s general business activities. ZIPART.SHOP may not even post such links but instead posted by users of the Platform. ZIPART.SHOP, or any user, linking or embedding third-party content within the Platform does not imply an advertisement or endorsement of any good, service, product, or otherwise by ZIPART.SHOP.ZIPART.SHOP is not responsible for any such linked content and expressly disclaims, without limitation, any responsibility for any third-party content,the accuracy of any such information, or the quality of such products and services.

‍V) ACCOUNTS To access certain features of the Platform, you may be required to register for an Account. When you register to become a Member, you will be given the option to choose between different membership types (“Member Types”).Currently, ZIPART.SHOP offers the Member Types for the following individuals and organizations: (1) individual artists (“Artists”), (2) businesses and organizations (each, an “Organization”), and (3) buyers or other non-visual artists (collectively, “Buyer /Browsers”). Additionally, both Artists and Organizations can upgrade to a paid pro plan (“Pro Plan”). Each of these Member Types and Plans (defined below) may have services, functions, or features unique to that Member Type, so please be sure to review these Terms and ZIPART.SHOP’s SHOP page.You may register for an Account on ZIPART.SHOP’s Signup page by establishing a username and password or using single sign-on authentication(OAuth) via a Third Party Service. The Signup/login pages on the Platform will inform you what authentication may be used to create an account and login into the Platform. ZIPART.SHOP reserves the right to amend what authentication can be used to access the Platform at any time. You agree that all information you submit during the account signup process, or additional information you submit to your account profile at any time thereafter, shall be accurate and truthful.You agree to keep it up to date. Please review ZIPART.SHOP’s Privacy Policy to learn more about the information ZIPART.SHOP collects during the Account sign-up or authentication process. As of the effective date of these Terms, ZIPART.SHOP requires your name or professional pseudonym, email address, geographic location, and specialty when joining the Platform. However, if you are an Artist or Organization, ZIPART.SHOP highly recommends that you upload Artwork and add relevant information to your resume, such as a personal or artistic statement, to help other Members, buyers, collectors, or potential clients and employers learn more about you and your creative process.You acknowledge that your Account is unique and personal to you,and you are responsible for maintaining the security of and restricting access to your account and password. You agree to accept responsibility for all Artwork purchases and other activities that occur under your Account. You are solely responsible for ensuring that all persons who access the Platform via your Account are familiar with these Terms and that they will comply with them.ZIPART.SHOP does not have access to your password. If you no longer have access to your password, please use the “Forgot Password” link on the Account loginscreens. If you no longer have access to the email account/social media platform you used to sign up for your account, or if you know or suspect that anyone other than you knows your password, you must promptly notify ZIPART.SHOPat ZIPART.SHOP’s Contact Page. In certain circumstances, you may create multiple Accounts. For example, you may want both an Artist account and an Organization account, or an account highlighting your graphic design work and another for photographic work. You shall not create excessive multiple or fake accounts to solicit or gain an unfair advantage over other Members. If you create multiple legitimate Accounts, please note that each account must use a unique email address. You will not be able to create multiple accounts with the same email. You may also add multiple email addresses to any Account from your settings page.You have the ability to delete your Account, either directly through the Platform’s settings page. You understand that upon deletion of your Account, you may lose the right to access or use all or part of the Platform or your ability to purchase Artwork.Without limiting anything contained herein, ZIPART.SHOP reserves the right to disable, suspend, or terminate your Account, at any time, for any reason in ZIPART.SHOP’s sole discretion, including, without limitation, if you fail to comply with any provision of these Terms.

‍VI) MEMBER CONTENT Certain features of the Platform allow Members to upload and otherwise share information and other content on the Platform (“Member Content”), including, without limitation, Artwork that you upload to your Account, other submissions and statements you make on the Platform, and certain other account information, including your name, image, resume, and biographical materials. Visitors cannot add content, save or like artwork, contact other members, or purchase artwork. As further set out in ZIPART.SHOP’s Privacy Policy, except for your email address, direct messages sent via the Platform,and other materials stored by Third Party Services, all Member Content is likely to be publicly available on the Platform. Additional information and requirements for Member Content can be found on ZIPART.SHOP’s Community andImage Guidelines pages.As between ZIPART.SHOP and each Member, a Member retains all right, title, and interest in and to all ownership and other interest(s) in your Member Content, and ZIPART.SHOP will not be deemed the owner of any Member Content, including your Artwork, subject to all licenses to Member Content contained herein. In connection with the foregoing, you grant to ZIPART.SHOP, and its Affiliates a non-exclusive worldwide, royalty-free, fully paid-up, perpetual, sublicensable, transferable, and irrevocable, limited license to copy, distribute, display, transmit, store, and otherwise use your Member Content for the sole purposes of (1) ZIPART.SHOP offering the Platform and/or providing the Services (this permits, for instance, ZIPART.SHOP to allow ZIPART.SHOP’s web-hosting company to host the Platform and for other users to view your Artwork and otherwise view, access, and engage on the Platform), (2) to promote your Artwork in any media (including displaying Member Content on the Platform,ZIPART.SHOP’s social media channels, and including Member Content in ZIPART.SHOP’s newsletters and email lists), and (3) for all other purposes specifically referenced within the Terms. Without limiting the foregoing, this includes granting other Members and Visitors to the Platform the right and license to view your Member Content on or through the Platform. All other uses of Member Content shall be subject to your approval (email and direct messages via the Platform are deemed sufficient for such purposes).You understand and agree that ZIPART.SHOP uses commercially reasonable efforts to accurately display the colors of Member Content uploaded to the Platform. However, because individual computer monitors or other displays may have technical differences and/or display colors differently, you agree ZIPART.SHOP is not responsible for any color inaccuracy of any Member Content displayed on the Platform. If you have questions regarding color accuracy, please contact ZIPART.SHOP on ZIPART.SHOP’s Contact Page.

‍VII) SELLING ARTWORK AND SERVICES ZIPART.SHOP offers several ways to sell artwork on its platform,(collectively known herein as “Marketplace”). The Marketplace helps facilitate sales between Buyers and Sellers of Artwork. Please see our Store and Showroom Rules and our Help Center for more detailed information.There are several ways to sell artwork on ZIPART.SHOP, including but not limited to, the following: Product pages. Originals or limited editions are sold through the ZIPART.SHOP Product pages. Sales are handled by the Seller directly, and ZIPART.SHOP is not involved in the transaction or shipping. We only provide a platform to connect buyers with our artists/Sellers and a method for members to accept payments or to link to other payment methods such as email or personal websites.  A Pro Plan is not required.Terms for Sellers: Each Artwork must be submitted for approval by ZIPART.SHOP before it can be made available for sale. Artwork submitted for approval may be rejected by ZIPART.SHOP for any reason, including but not limited to failure to meet ZIPART.SHOP’s quality standards. Sellers may have up to five (5) pieces of Artwork pending approval at any one time. The Seller sets the sale price and shipping costs. The sale price and shipping fee must be fair and reasonable according to industry standards. Details about the artwork as well as the sales details, such as the size or shipping details, must be accurate. ZIPART.SHOP reserves the right to remove Artwork for unreasonable pricing or misleading descriptions, or to change the Print Cost, at its own discretion at any time.Terms for Buyers: You must be a Member to initiate a sales transaction. You are solely responsible for the calculation, reporting, and payment of any taxes that may be due as a result of any purchase. Any shipping or delivery estimates. ZIPART.SHOP is not involved in the sales transaction, including, but not limited to, the payment, fulfillment, or shipping of any Artwork sold through a Marketplace or Showroom. ZIPART.SHOP accepts no risk of loss in connection with a seller failing to package their artwork adequately. All such issues should be resolved solely between the buyer and seller. ZIPART.SHOP members may sell unsigned images. While Originals and Limited Editions are sold directly by the artist, images sold through by ZIPART.SHOP, including payment, printing, shipping,etc.Terms for Artists· Artists may apply to sell images of their Artwork, which will be printed and shipped by a third-party vendor. Each Artwork must be submitted for approval by ZIPART.SHOP before it can be made available for sale. When submitting artwork for approval,the Artist must upload a high-resolution image that adheres to the specifications (“Specs”) provided during the submission process. Artwork submitted for approval may be rejected by ZIPART.SHOP for any reason, including but not limited to failure to meet ZIPART.SHOP’s quality standards. Artist may have up to five (5) pieces of Artwork pending approval at any one time. After upload, the Artist will be provided with a maximum printable size (“Max Size”).If approved, Artists may choose up to three (3) sizes for sale, each of which must be within the size range provided in the Specs and no larger than the MaxSize. ZIPART.SHOP will provide the Artist with a print production cost (“PrintCost”) for each size. The Artists set the amount of profit (“Profit”) they want to receive from the sale of each Giclée Print size being offered, which will be added on top of the Print Cost to calculate a final sale price to the buyer.Shipping will be paid by the Buyer and calculated at the time of purchase.Artists can change the Profit for each size at any time. Profit must be fair and reasonable according to industry standards.  ZIPART.SHOP reserves the right to remove Artwork for unreasonable pricing at its own discretion or to change the price at any time. Artists must have and provide an email address from a valid account to receive payment for sold images. Payments will be made on the next 1st or 15th day of each calendar month, thirty (30) days after the date the image was sold. A 4.9% credit card transaction fee of the sale price will be deducted from the Payment.Terms for Purchasers: You must be a Member to order an image. You are solely responsible for the calculation, reporting, and payment of any taxes that may be due as a result of any Giclée Print purchase. You acknowledge that ZIPART.SHOP does not print, manufacture, ship, or otherwise produce prints. ZIPART.SHOP is not responsible for any customs or import/export requirements. You acknowledge that circumstances outside of ZIPART.SHOP’s control may delay fulfillment or delivery, including, but not limited to: high order volumes, holidays, weather, printing delays, and shipping delays. ZIPART.SHOPis not liable for unforeseen delays delays in transit. Shipping delays will occur if an incorrect or incomplete email address is provided. ZIPART.SHOP is not responsible for any lost email dueto you providing an incorrect or incomplete email address. Because Giclée Prints are custom printed when ordered, refundsand returns of Giclée Prints are not accepted unless: (1) the GicléePrint you received is not the artwork or size you ordered; or (2) the GicléePrint has a clear manufacturing defect (together, a “Clear Defect”). If youthink the Giclée Print you received has a Clear Defect, please contact us withinfourteen (14) days of delivering the relevant print. You acknowledge and agreethat Giclée Prints are printed from the Artwork image provided by the Artistand that any Giclée Print will not be of a higher quality than the imagedisplayed on the Platform. Actual colors may vary as a result of computermonitors displaying colors differently. Under no circumstances will a return beaccepted, or a refund is provided because a Giclée Print did not meet yourexpectations or for any other reason except a Clear Defect.3. Showrooms. Showroomsare personal stores where Pro Members can sell originals and limited editionworks without approval by our curatorial staff. (Artwork sold asGicleé prints only will not be available for sale in a Showroom). Pro membersmay choose whether to include an original or limited edition artwork madeavailable for sale in their Showroom.  Artwork that is available for salebut not included in a Showroom can still be purchased on the artwork’s detailpage. For additional information, see the Showroom Section on our Help Center.Members selling Artwork do not pay any commission to ZIPART.SHOPon Artwork sales.  Please see our Marketplace and Showroom Rules and theSelling Direct, Selling Giclée Prints, and Showrooms sections of our HelpCenter for more information regarding artwork purchases.Approval Process. Our curatorial team must review and approveartworks before inclusion in either the ZIPART.SHOP Sell Direct or Giclée PrintStores. See the Selling Direct and Selling Giclée Prints section of our HelpCenter for detailed information on the approval process.ServicesArtists may also offer Creative Services to Organizationsthrough the Platform. ZIPART.SHOP does not perform Creative Services and doesnot employ Artists to perform Creative Services or otherwise control when, how,where, whether, or for whom an Artist performs Creative Services. Artistsprovide services under their own name or business name and not under ZIPART.SHOP’sname. Artists operate as independent contractors, and their use of the Platformis merely to facilitate introductions to Organizations seeking CreativeServices. Artists are free to solicit clients and provide their servicesoutside of the Platform, including any services that compete with the Platform.Artists are free to accept or reject any Creative Services requested by anOrganization. However, if an Artist agrees to provide Creative Services to anOrganization through the Platform, the Artist is expected to fulfill theArtist’s contractual obligations. Artists set their own rates for CreativeServices performed for an Organization through the Platform, without deductionby ZIPART.SHOP.ZIPART.SHOP and the Platform are not an employment agencyservice or business, and ZIPART.SHOP is not an Artist employer. Artistsacknowledge and agree that they are responsible for exercising their ownbusiness judgment to enter into agreements with Organizations and performCreative Services. Artists further acknowledge and agree that ZIPART.SHOP doesnot guarantee that any Organization will request or accept Creative Services orthat Artists will profit from any Creative Services performed.General InformationYou cannot use your Pro Plan Payment Method to purchase anyArtwork or Creative Services; your Pro Plan Payment Method is solely used inconnection with the collection of the Pro Plan Fee.Additionally, please also note, some Third Party Services, suchas PayPal, have certain transaction limitations (such as no transactions overUSD 10,000.00), so please make sure to review the Marketplace and ShowroomRules in the Help Center or such Third Party Services terms andconditions before entering into any transaction with an Artist, Organization,or Buyer/Browser.If you desire to make a purchase on ZIPART.SHOP, (i.e. buyingartwork or creative services) you must join ZIPART.SHOP prior to your purchase.Membership is free. If you desire to purchase an original or limited editionartwork or Creative Services direct from the artist, you must use the payment methodchosen by, or otherwise agreed to, by the Seller. While you may communicatewith Members via messages on the Platform and/or agree upon certain terms ofthe sale within the Platform, the transaction must be finalized off thePlatform via a Third Party Service, such as Stripe or PayPal, or by othermeans, provided by the Seller.You understand that ZIPART.SHOP does not manufacture, store, orinspect any Original or Limited Edition Artwork or perform or inspect anyCreative Services offered through the Platform directly from our Members. ZIPART.SHOPprovides an online marketplace for Original and Limited Edition artwork as partof the Platform, and the Artwork and Creative Services offered within thePlatform are provided, created, and performed directly by independentthird-party sellers. Without limiting anything herein, ZIPART.SHOP cannot anddoes not make any warranties about the quality, safety, non-infringement, orlegality of any Artwork or Creative Services. Any legal claim related toArtwork or Creative Services you request must exclusively be brought directlyagainst the selling Artist (or, in the case of the Artist having a claim, tothe buying Fan or Organization). YOU RELEASE ZIPART.SHOP FROM ANY CLAIMSRELATED TO ARTWORK CREATIVE SERVICES SOLD THROUGH THE PLATFORM, INCLUDINGWITHOUT LIMITATION, FOR DEFECTIVE WORK PRODUCT, MISREPRESENTATIONS BY ARTISTS,OR ITEMS THAT CAUSE PHYSICAL INJURY (INCLUDING PRODUCT LIABILITY CLAIMS).If you and another Member meet offline to consummate a transaction,fulfill the shipment of Artwork transacted via the Platform, or otherwise,please be careful and exercise caution and good judgment in all interactionswith others. If you do meet another Member or Visitor offline, includingrepresentatives of such Member or Visitor, ZIPART.SHOP accepts noresponsibility or liability in connection with your interaction in accordancewith these Terms, but kindly recommends that you always meet in a public,well-lit location. Do not go into another’s home or property, bring a secondperson with you and tell others where you are going, bring your cell phone andkeep it on you, and overall, trust your instincts and leave if you areuncomfortable. Additionally, ZIPART.SHOP encourages you to keep allcommunications for Artwork transactions within the ZIPART.SHOP direct messagingsystem, or other savable electronic formats (such as your personal email,etc.), to have a written record of events when a transaction does not go asplanned.X) JOB BOARD AND TALENT SEARCHZIPART.SHOP offers a Job Board aspart of the Platform that allows Pro Organization Plan Members to post, atpresent, an unlimited amount of job postings (a “Job Post”) for creative,graphic design, advertising, and other artistic jobs. No non-artistic jobs maybe posted. Currently, ZIPART.SHOP charges Pro Organization Plan Members no feesto make a Job Post, other than the fees associated with the monthly or yearlyPro Organization Plan. Administration of Job Post shall solely fall upon suchBusiness offering the Job Post, and ZIPART.SHOP will not be responsible orliable for anything in connection with such Job Post.An Artist can apply or respond to a Job Post by clicking onvarious application links that will be present on the Job Post page, and a copyof the Artist’s resume will be sent to the Organization that created the JobPost, as well as any Artwork an Artist attaches to the Job Post application andan optional cover letter (text box only).Artists may also indicate to Organizations that they are available for hire by posting their profile to the Platform’s talent searchpage. Organizations may contact Artists directly regarding any jobopportunities.ZIPART.SHOP and the Platform are not an employment agencyservice or business, and ZIPART.SHOP does not investigate or vet any Artist,Organization, or Job Posting. ZIPART.SHOP is solely providing a venue toconnect creative professionals with businesses that have job opportunities.XI) ZIPART.SHOP CONTENTAs part of the Platform, ZIPART.SHOP offers its own content,including, but not limited to (collectively, the “ZIPART.SHOP Content”):·  Blog·  FAQ·  Style Guide These Terms govern the use and access to ZIPART.SHOPContent. Members may comment on some of the ZIPART.SHOP Content offered, thesame being deemed Member Content hereunder. Once a visitor signs up for an ZIPART.SHOPMember Account, such Member will be automatically enrolled in our newsletters.Visitors may also sign up for newsletters for ZIPART.SHOP Content, ifavailable.As further set forth in ZIPART.SHOP’s Privacy Policy, youmay at any time unsubscribe from these, and other newsletters through anunsubscribe button found at the bottom of all newsletters.All ZIPART.SHOP Content is the exclusive intellectual propertyof ZIPART.SHOP and its respective licensors. The views expressed are those ofthe authors in their personal capacities and are not necessarily those of ZIPART.SHOP.The information provided on the Platform, including the ZIPART.SHOPContent, does not, nor is intended to, constitute legal advice. All materialson the Platform are for general informational purposes only. Readers shouldcontact an attorney to obtain legal and business advice concerning anyparticular legal matter. All liability concerning actions taken or not taken byyou based on the Platform’s contents is expressly disclaimed, and ZIPART.SHOPshall have no liability to you regarding the same.XII) USER CONDUCT, RESTRICTIONS, AND REPRESENTATIONSYou agree only to use the Platform as expressly permitted bythese Terms, and ANY VIOLATION OF THESE TERMS MAY RESULT IN TERMINATION OF YOURACCOUNT, AT ZIPART.SHOP’S SOLE DISCRETION.You represent and warrant that you are not, and will not be,under any disability, or other restriction, which prevents your ability to enterinto, perform according to, and comply with all of the Terms. You acknowledgethat you are at least 18 years of age (or the age of majority in yourjurisdiction, if older) or have a requisite parent or legal guardian consent asotherwise stated herein.You represent and warrant that your use of the Platform,including, without limitation, uploading or posting Member Content to thePlatform or selling any Artwork, will not violate any law or regulation,including, without limitation, copyright, trademark, patent, trade secret,publicity, and privacy laws, or interfere with any third party’s use andenjoyment of the Platform. You warrant and represent that you have allnecessary licenses, rights, consents, and permissions in and to the MemberContent (including Artwork) that you make available through the Platform andwill be solely responsible if you do not have sufficient rights in and toMember Content in accordance with all other terms herein.You represent and warrant that you will not upload payment informationto your Account and/or use any debit card, credit card, or another form ofpayment on the Platform unless you have all necessary authorizations to do so. ZIPART.SHOPis not liable for any losses relating to chargebacks, fraudulent charges, or otheractions by you or another Member that are deceptive, fraudulent, or otherwiseinvalid (“Fraudulent Actions”). By using the Services, you hereby release ZIPART.SHOPfrom any liability arising from Fraudulent Actions. You will also use “bestefforts” to promptly notify ZIPART.SHOP of any Fraudulent Actions which mayaffect the Services. ZIPART.SHOP reserves the right, in its sole discretion, toterminate your account if you engage in, or permit any Member to engage in,Fraudulent Actions.You further represent and warrant that you shall not at anytime, without ZIPART.SHOP’s express written consent in each instance orotherwise explicitly and expressly provided by these Terms:(1) transfer, rent, lease, lend, sell, resell, sublicense, orotherwise commercially exploit the Platform, in whole or in part;(2) use, distribute, modify, create derivative works from, orcopy the Platform, any Account profile, or any Artwork owned or controlled byanother user, in whole or in part;(3) decompile, reverse engineer, disassemble, and attempt toderive the source code or underlying algorithms of the Platform or third-partyservices in whole or in part;(4) develop, support, or use any software, devices, scripts,“bots,” “spiders,” or any other technology or processes to scrape the Platformor Third-Party Services or otherwise harvest data from the Platform orThird-Party Services, in whole or in part;(5) attempt to gain unauthorized access, or permit unauthorizedaccess to the Platform Third Party Services (including any Account) or any of ZIPART.SHOP’srelated systems or networks, or bypass any measures ZIPART.SHOP takes torestrict access to the Platform or Third Party Services;(6) publish or link on the Platform to malicious contentintended to damage or disrupt ZIPART.SHOP or any other third party’s softwareor hardware;(7) take any action that ZIPART.SHOP, in ZIPART.SHOP’s solediscretion, deems to impose or to potentially impose an unreasonable ordisproportionately large load on ZIPART.SHOP’s network or systems; including,without limitation, uploading the contents of your phone as Artwork to yourAccount;(8) submit or post any information or content on the Platform orThird-Party Services that is abusive, harassing, threatening, obscene,defamatory, or racially, sexually, religiously, or otherwise objectionable andoffensive, including, without limitation, contacting another user of thePlatform with information or content. Without limiting anything herein, ZIPART.SHOPmay remove any such Member Content (including Artwork) at any time;(9) remove any copyright, trademark, or other intellectualproperty notices from the Platform or Third-Party Services, including, withoutlimitation, any artwork copyright notices posted by any user of the site;(10) use or attempt to use the Platform or Third-Party Servicesin any manner that violates any applicable law or violates or infringes therights of any other party, including copyright, publicity, privacy, or otherintellectual property rights;(11) use the copyrighted material, trademarks, service marks,and logos of Affiliates or other third-parties, including, without limitation,the Third-Party Services, without such affiliate or licensee’s permission;(12) Artificially collect likes, followers, or shares on thePlatform, or post repetitive likes, comments, or content, or repeatedlycontacting people for commercial purposes without their consent;(13) misrepresent your identity or any biographical informationin your Account; and(14) impersonate any person(s) or entities while using thePlatform, whether directly or indirectly.You represent and warrant that if you are an Organizationoffering an Open Call on the Platform, you will be solely responsible forcompliance with all legal requirements in connection with offering the same.You represent and warrant that you understand that ZIPART.SHOPis not, and does not accept to be, your data repository of record and/or acloud-based storage website. You are solely responsible for saving backupcopies of any Member Content that you upload to the Platform. ZIPART.SHOP hasno obligation to provide you with access to or backup copies of any MemberContent.You understand that the placement of Member Content, includingyour Artwork, resumes, and portfolios, in ZIPART.SHOP’s search and browseresults may be based on factors and algorithms that are automated and/or notavailable to you. As further set forth in Section XVIII (Warranties andLimitation of Liability), you understand that ZIPART.SHOP makes no guaranteesthat Member Content (including Artwork) will be found in any ZIPART.SHOP searchresult.On occasion, there may be bugs or other technical issues that ZIPART.SHOPdid not catch or was unable to anticipate before releasing updates to thepublic. Please help ZIPART.SHOP identify bugs or other technical issues thatmay have slipped through the cracks so that ZIPART.SHOP may squash them andbuild a better Platform for you. ZIPART.SHOP appreciates all assistance. Reporta bug or other technical issues here.You acknowledge that you may not use the Platform in any otherway not expressly stated herein or approved by ZIPART.SHOP in writing.XIII) ZIPART.SHOP RESERVATION OF RIGHTSZIPART.SHOP may suspend, withdraw, discontinue, limit, or changeall or any part of the Platform, your access to the Platform, and your use ofthe Platform, without notice, for any reason, with or without cause, at anytime, in ZIPART.SHOP’s sole discretion, including, without limitation,forbidding you to access to the Platform, terminating your Account, and ceasingto market, display, and distribute any Member Content (including Artwork) thatyou upload to the Platform. This could include the immediate forfeiture anddestruction of all information associated with your Account for the avoidanceof doubt. ZIPART.SHOP reserves the right, in ZIPART.SHOP’s sole discretion, tochange how ZIPART.SHOP operates at any time for any reason. If your Account issuspended or terminated, ZIPART.SHOP shall not be liable to you for yourinability to access any content. ZIPART.SHOP recommends saving backup copies ofyour Member Content (including Artwork) off of the Platform at all times.ZIPART.SHOP may reclaim any username or custom URL (such as aShowroom URL, please see ZIPART.SHOP’s Store and Showroom Rules) atany time, which ZIPART.SHOP believes, in ZIPART.SHOP’s sole discretion,violates any other party’s intellectual property rights, is inactive, or has thepotential to mislead or deceive other users of the Platform in any way. In theevent ZIPART.SHOP reclaims any username or custom URL, ZIPART.SHOP will usereasonable commercial efforts to provide you with notice before suchreclaiming, and you may need to create a new Account to continue using thePlatform. Subject to your compliance with all other terms and conditionscontained herein, ZIPART.SHOP will attempt to reasonably assist you intransferring your Account to a new username.Notwithstanding anything to the contrary contained herein, ZIPART.SHOPreserves the right to remove any Member Content that does not comply with theTerms.  For clarity, if a piece of Member Content (including Artwork)violates these Terms, such as areas of a resume that promote hate speech, ZIPART.SHOPmay remove the references in question.ZIPART.SHOP may, from time to time, use various technologies toverify your compliance with these Terms, and you consent to ZIPART.SHOP usingany monitoring or other technology associated with monitoring your access tothe Platform.ZIPART.SHOP explicitly reserves all rights not specificallycontemplated herein related to the Platform or ZIPART.SHOP’s businessoperations.XIV) DISPUTES WITH OTHER USERSZIPART.SHOP is not involved in the sale of Artwork, including,but not limited to, the payment, fulfillment, or shipping of any Artwork soldthrough a Marketplace or Showrooms. ZIPART.SHOP is further not involved in theprovision of Creative Services or the posting or fulfillment of any JobPosting. If you find yourself in a dispute with another user in connection withthe Platform, such as an issue with a purchase or sale of Artwork, ZIPART.SHOPencourages you to contact the other party and try to resolve the disputeamicably. Alternatively, please contact the payment processor or your creditcard company to resolve the dispute.ZIPART.SHOP has no obligation to resolve any disputes, and youunderstand Independent third-party sellers sell artwork and Creative Services,and ZIPART.SHOP accepts no responsibility for the actions of such thirdparties. Without limiting anything herein, you release ZIPART.SHOP from anyclaims, demands, and damages arising out of disputes you have with other usersor parties using the Platform.XVII) COMMITMENT TO DATA SECURITYAs further set forth in ZIPART.SHOP’s Privacy Policy, ZIPART.SHOPis committed to protecting your privacy in accordance with applicable laws andregulations, including via encryption methods ZIPART.SHOP deems suitable.Notwithstanding the foregoing, no electronic transmission of information to ZIPART.SHOPcan be guaranteed to be 100% safe, and ZIPART.SHOP cannot and does not ensureor warrant the security of any information you transmit to ZIPART.SHOP.Nonetheless, ZIPART.SHOP believes the measures ZIPART.SHOP has implementedreduce the likelihood of security problems to a level appropriate to the typeof data involved. You acknowledge all information and materials you transmit toZIPART.SHOP is done at your own peril.XV) WARRANTIES AND LIMITATION OF LIABILITYWHILE ZIPART.SHOP IS DEDICATED TO MAKING THE PLATFORM ANDSERVICES THE BEST THEY CAN BE, YOU UNDERSTAND THAT THE PLATFORM AND SERVICESARE PROVIDED “AS IS, ” “WITH ALL FAULTS, ” AND WITHOUT ANY KIND OF WARRANTY(EXPRESS OR IMPLIED). ZIPART.SHOP EXPRESSLY DISCLAIMS ANY WARRANTIES OF TITLE,NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, ASWELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING,OR USAGE OF TRADE, ZIPART.SHOP DOES NOT GUARANTEE THAT: (I) THE PLATFORM ANDSERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II)ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE PLATFORM AND SERVICES WILL BEFREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE RESULTS OF USING THEPLATFORM AND SERVICES WILL MEET YOUR EXPECTATIONS; (V) THAT YOUR DATA,INCLUDING YOUR MEMBER CONTENT (AND ARTWORK), WILL NOT BE LOST, AND/OR (VI) THATTHE PLATFORM WILL RESULT IN SALES OF ARTWORK FOR YOU OR RESULT IN SPECIFICSUCCESS OR OTHER BENEFICIAL ACHIEVEMENT. YOUR USE OF THE PLATFORM AND SERVICESIS SOLELY AT YOUR OWN RISK, AND YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISEOF CAUTION WHILE USING THE PLATFORM, INCLUDING ANY THIRD-PARTY SERVICES OROTHER INTERACTIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.WITHOUT LIMITING THE FOREGOING, (I) YOU UNDERSTAND YOU MAY COMEACROSS MATERIAL THAT YOU FIND OFFENSIVE OR INAPPROPRIATE WHILE USING THEPLATFORM. ZIPART.SHOP MAKE NO REPRESENTATIONS CONCERNING ANY CONTENT POSTED BYUSERS THROUGH THE PLATFORM. ZIPART.SHOP IS NOT RESPONSIBLE FOR THE ACCURACY,COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF CONTENT POSTED BY USERS THAT YOUACCESSED THROUGH THE PLATFORM, AND ZIPART.SHOP IS NOT UNDERTAKING ANYOBLIGATION OR LIABILITY TO YOU REGARDING ANY SUCH CONTENT; AND (II) YOUUNDERSTAND THAT ZIPART.SHOP DOES NOT SCREEN USERS OF THE PLATFORM AND ZIPART.SHOPSHALL NOT BE RESPONSIBLE IN CONNECTION WITH YOUR INTERACTIONS WITH OTHERINDIVIDUALS, EITHER ONLINE OR IN-PERSON (INCLUDING IN OFFLINE SALES OFARTWORK), IN CONNECTION WITH THE PLATFORM. YOU RELEASE ZIPART.SHOP FROM ALLLIABILITY RELATING TO YOUR INTERACTIONS WITH OTHER USERS, WHETHER ONLINE OR INPERSON.TO THE FULLEST EXTENT PERMITTED BY LAW, ZIPART.SHOP, NOR ZIPART.SHOP’SAFFILIATES AND LICENSEES (INCLUDING THIRD PARTY SERVICES), AND ALL OF THEFOREGOING’S RESPECTIVE PARENTS, AFFILIATED ENTITIES, AGENTS, OFFICERS,DIRECTORS, OWNERS, AND EMPLOYEES WILL BE LIABLE TO YOU FOR ANY LOST PROFITS ORREVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVEDAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, HOWEVER,CAUSED AND REGARDLESS OF LEGAL THEORY OR FORESEEABILITY, INCLUDING, WITHOUTLIMITATION, CONTRACT, TORT, PERSONAL INJURY, PROPERTY DAMAGES, NEGLIGENCE,WARRANTY, OR STRICT LIABILITY, DIRECTLY OR INDIRECTLY ARISING UNDER THESE TERMS(INCLUDING HAVING NO RESPONSIBILITY FOR THE ACTIONS OF OTHER USERS), INCLUDING,WITHOUT LIMITATION, YOUR USE OF THE PLATFORM OR THIRD-PARTY SERVICES, EVEN IF ZIPART.SHOPHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THEFAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. NOTWITHSTANDING ANYTHING TOTHE CONTRARY CONTAINED HEREIN, IF ANY PART OF THIS LIMITATION OF LIABILITY ISFOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, IN NO EVENT SHALL ZIPART.SHOP’SAGGREGATE LIABILITY FOR ANY DAMAGES (DIRECT OR OTHERWISE), OR PENALTIES OR LOSSEXCEED THE GREATER OF ONE HUNDRED ($100) US DOLLARS (USD) OR THE AMOUNT YOUPAID ZIPART.SHOP IN THE TWELVE MONTHS PRIOR TO THE DISPUTE ARISING. SOMEJURISDICTIONS DO NOT ALLOW LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES,SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.FOR THE AVOIDANCE OF DOUBT, EXCEPT AS EXPRESSLY STATED ABOVE,YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE PLATFORM IS TO STOPUSING THE PLATFORM.XVI) RELEASEWithout limiting anything herein, you release ZIPART.SHOP fromany claims, demands, and damages, under any legal theory (whether actual,consequential, or both) of every kind and nature, known and unknown, arisingout of or in any way connected with: (i) disputes you may or actually have withother users or parties you interact with in connection, directly or indirectly,with the Platform; (ii) items sold through the Platform, including defectiveArtwork, unsatisfactory Creative Services, misrepresentations by sellers,Giclée Prints, or items that caused physical injury (like product liabilityclaims); (iii) content posted by users of the Platform; and (iv) your use ofthe Platform.In connection with the foregoing, if you are a resident of theState of California, you hereby acknowledge and agree that you fully understandand expressly waive and relinquish any and all rights and benefits that you mayhave under California Civil Code Section 1542 to the fullest extent permittedby law. Such section states that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMSTHAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HISFAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY HIM WOULD HAVEMATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” Youwaive and relinquish any right and/or benefit which you actually or may haveunder Section 1542 to the fullest extent as you may lawfully waive such rightand benefit.XVII) INDEMNIFICATIONYou agree to indemnify, defend, and hold harmless ZIPART.SHOP,along with its Affiliates and licensors, and all of the foregoing’s respectiveparents, affiliated entities, agents, officers, directors, owners, andemployees from and against any and all claims, expenses (including reasonableattorney’s fees), damages, suits, costs, demand, and/or judgments, arising outof or incurred in connection with: (i) your breach of these Terms; (ii) youruse, whether directly or indirectly, of the Platform, including, withoutlimitation, your acts or omissions in the sale or purchase of any Artwork orthe requesting or provision of Creative Services, including but not limited toin any injuries or damages to personal property; and (iii) your violation ofany law or the rights of any third party, including but not limited tointellectual property rights.  You shall also provide the foregoingparties prompt and reasonable cooperation if any of the foregoing parties areentitled to indemnification hereunder. ZIPART.SHOP reserves the right to handleZIPART.SHOP’s legal defense however ZIPART.SHOP sees fit, even if you areindemnifying ZIPART.SHOP, in which case you agree to cooperate with ZIPART.SHOP.ZIPART.SHOP reserves the right to take over the exclusive defense of any claimfor which ZIPART.SHOP is entitled to indemnification. The provisions of thisparagraph are made for the benefit of all parties referenced herein, and eachof these parties shall have the right to assert and enforce these provisionsdirectly against you on its own behalf.XVIII) GOVERNING LAW AND ARBITRATIONYou consent and agree that: (i) the Terms will be exclusivelygoverned by the laws of the State of New York, the United States of America,applicable to contracts entered into and performed within New York andnotwithstanding any conflict of law principles. These laws will apply no matterwhere you live in the world, subject only to any applicable and mandatoryconsumer protection provisions of your local jurisdiction; (ii) you acceptservice of process by personal delivery or mail; and (iii) you irrevocablywaive the right to trial by jury and/or to participate in a class orrepresentative action, and any jurisdictional and venue defenses otherwiseavailable, excepting only that you and ZIPART.SHOP may agree in writing that anarbitrator or judge, as applicable pursuant to these Terms, may consolidatemore than one person’s claims or otherwise preside over any form of arepresentative or class proceeding.Any dispute arising in connection with or relating in any way tothese Terms or your relationship with ZIPART.SHOP shall be exclusively resolvedand heard in New York County, New York, and will be resolved througharbitration subject to ZIPART.SHOP’s Arbitration Policy.Notwithstanding the foregoing, for any actions not subject to arbitration inaccordance with the Arbitration Policy, you and ZIPART.SHOP agree to submit tothe personal jurisdiction of the state and federal courts located in New YorkCounty, New York, including, without limitation, due to an authorized arbiterdeciding that applicable law precludes enforcement of the Arbitration Policyfor a particular claim of relief, then such claim (and only that claim) will besevered from the mandatory arbitration and may be brought in a court inaccordance with the choice of law provisions contained herein.Notwithstanding anything to the contrary contained herein, youmay not pursue any action, regardless of form against ZIPART.SHOP andAffiliates, including all parents, affiliated entities, agents, officers,directors, owners, and employees, in any way connected to the Platform, unlessyou bring such action within one (1) year following the event that gave rise tothe cause of action, subject only to any applicable and mandatory consumerprotection provisions of your local jurisdiction. After such a time period hasexpired, you shall be deemed to have waived any such action and damages relatedthereto, and such actions and damages will be permanently barred.XIX) MISCELLANEOUS LEGAL PROVISIONSThese Terms represent the entire understanding between ZIPART.SHOPand you, superseding all prior agreements, whether oral or written, concerningyour use of the Platform, including Services. The Terms shall be binding uponand inure to the benefit of ZIPART.SHOP and your respective assigns,successors, heirs, and legal representatives. The Terms cannot be modified oramended, except as expressly provided for herein. The Terms are personal to youand are not assignable, transferable, or sublicensable by you except with ZIPART.SHOP’sprior written consent. ZIPART.SHOP may freely assign the Terms. Suppose anypart of the Terms is deemed by a court of law to be void, voidable, illegal, orunenforceable. In that case, the remainder of the Terms will remain in fulleffect as if such void, voidable, illegal, or unenforceable part had notexisted. It will be adjusted rather than voided, if possible, to achieve theparties’ intent to the fullest extent possible. The waiver by either party heretoof a breach of any of the provisions of the Terms by the other party heretoshall not be construed as a waiver by the non-breaching party of any subsequentbreach by the breaching party. Headings are inserted for convenience only andare not intended to be part of or affect the terms’ meaning or interpretation.All provisions of these Terms, which by their nature should survive terminationor expiration, shall survive termination or expiration.You agree that a violation of these Terms by you may result inirreparable harm to ZIPART.SHOP, where monetary damages may be inadequate, andyou hereby agree that ZIPART.SHOP may seek injunctive relief without the needfor posting any bond. You waive the right to seek injunctive relief against ZIPART.SHOP,except to the limited extent necessary to enjoin the unauthorized distributionof your intellectual property.You are responsible for all costs associated with accessing orusing the Platform, and you are responsible for any system software and/orhardware compatibility requirements for the use of the Platform. ZIPART.SHOP isa robust platform with many features that benefit Members. ZIPART.SHOP uses amodern architecture that may not run on older devices, browsers, and operatingsystems. If you find that certain features or functions are not working, pleaseensure that your operating system and browser software are up to date.  Ifyou are using a mobile device that is several years old, please try anotherdevice or computer before contacting support.Notwithstanding anything to the contrary contained herein, ZIPART.SHOPexplicitly reserves all rights not specifically contemplated herein whichrelate to the Platform.Without limiting anything herein, you understand and agree that ZIPART.SHOPis not liable for any failure of performance due to any cause beyond itscontrol, including, without limitation, acts of God, fire, explosion,vandalism, terrorism, weather disturbances, national emergencies, riots, wars,labor difficulties, supplier failures, shortages, breaches, action or requestby any government, or suspension of existing service in compliance with stateor federal law, rule, or regulations.XX) NOTICEAll notices permitted or required under these Terms must be inwriting and delivered to us through ZIPART.SHOP’s Contact Page,contacting support@ZIPART.SHOP.com, or by mail to Orangenius, Inc., DBA ZIPART.SHOP,511 Ave of the Americas, Suite #934, New York, NY 10011. Under California Civil Code Section 1789.3, users of theServices from California are entitled to the following specific consumer rightsnotice: The Complaint Assistance Unit of the Division of Consumer Services ofthe California Department of Consumer Affairs may be contacted in writing at1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at(916) 445-1254 or (800) 952-5210. 

Images can be quickly licensed online and digital files downloaded immediately after completing your order online. The process is quick and simple, licensing rates and terms are very competitive within the fine art stock photography market, each digital file is checked for highest professional quality and these images are available for licensing and digital downloads exclusively through Zipart.shop, you will not find them anywhere else.