Welcome to the CarArt.com website. The following Terms of Service (“TOS”) govern your use of the CarArt.com website (found at www.CarArt.com – the “Website”) and the services it provides, and users must comply with all of the terms and conditions set forth in this TOS and all applicable laws, including copyright and intellectual property laws (see the CarArt Intellectual Property Policy, which is incorporated into this TOS by reference). Use of the CarArt.com Website constitutes your acceptance of this TOS.

CarArt.com may alter the TOS at anytime by posting such alterations on the Website. If substantial changes are made to this TOS, registered users will be notified of such changes via email. BY CONTINUING TO USE THE WEBSITE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.

The CarArt.com Service
CarArt.com provides a marketplace where users may create, buy, and sell vehicle graphics/decals (the “Service”). CarArt.com provides the Service only to parties that can legally form contracts under the laws of the United States. Users who are age 13-17 years old must use the Service only under the supervision of a parent or legal guardian who agrees to be bound by this TOS. The Service is not intended for use by children under the age of 13.

CarArt.com exclusively owns all intellectual property and other rights, title, and interest in and to the CarArt.com Service and Website, except as expressly provided for in these TOS. CarArt.com owns the trademarks CarArt (TM), CarArt.com TM, CarArt Design Studio ™; CarArt Image Marketplace TM, Personalize Your Ride ™; the copyrights in and to the Website, and certain technology used in providing the CarArt.com Service.

NOTICE: The automotive images contained throughout this website are owned by eVox Productions LLC and are protected under United States and international copyright law. Access to and use of these images is restricted by the terms and conditions of a separate license agreement. Unauthorized use, reproduction, or distribution of these images is strictly prohibited. Any infringing use will be pursued and all legal and equitable remedies enforced.

You may use the Website and Service for their intended purposes only. You may not use any information obtained from the Website for any purposes that are prohibited in this TOS, or to create any derivative work, or to compete with CarArt.com, or to copy or download the Website (except for page caching by your browser software). You may not purposefully cause harm to the CarArt.com Service or Website, whether by viruses; monitoring software or spiders or other technology (except for search engines); reverse engineer; technology used to collect traffic data or user emails or other personal data within the Website; use any meta tags or search terms that contain the use of trademarks and trade names that are owned by CarArt.com.

You understand that the technical processing and operation of the Website, including your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connection networks or devices.

You agree not to:

1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
2. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation;
3. upload, download, post, email or otherwise transmit false or misleading information;
4. disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites.
5. access, tamper with or use non-public areas of the Website. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution;
6. disrupt or interfere with any other user's enjoyment of the Website or affiliated or linked websites.
7. frame or otherwise host portions of the Website or Service except as permitted in writing by CarArt;

The Website may provide, or third parties may provide, links to other websites or resources. Because CarArt has no control of such sites and resources, you acknowledge and agree that CarArt is not responsible for the availability of such sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CarArt shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

You grant CarArt the right and permission to use all information submitted by you to CarArt (i.e. through email comments, etc) or to other users via web forms, board postings, etc, for marketing or other promotional purposes,

CarArt may monitor any and all transactions and communications that occur on the Website, and may cancel any transaction that it deems, in its sole discretion, violates the terms of this TOS.

CarArt may alter the Website, the Service, the design or “look” of the website, and may add additional functionality to or discontinue any aspect of the Website at any time without notice or liability to you or any third party.

You represent and warrant to CarArt.com that you meet the minimum age requirements outlined above, and that you have the legal power and authority to enter into and abide by this TOS, and that this TOS is a legal binding, and enforceable contract on you. You further represent and warrant to CarArt.com that, in using the Website and Service, you will not infringe the copyright, patent, trademark, trade secret, or other legal right of any third party, and will comply with all applicable laws and regulations. You represent and warrant to CarArt.com that there are no demands, claims, or any form of litigation pending or threatened with respect to any of your Content, and that you will not be required to make any payments to any third party in connection with the use of your Content, and that your Content is not designed to do any damage or harm to the Website or Service, and that it does not contain viruses or any other malicious software.

User Account Security & Privacy
You will receive a password and account designation upon completing the Website's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CarArt of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. CarArt cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.

Your privacy is very important to CarArt. Users of this Website should refer to our Privacy Policy for information about how CarArt collects and uses personal information. By accepting this Agreement you expressly consent to CarArt's disclosure and use of your personal information (including using email to communicate with you) as described in the Privacy Policy, which is incorporated herein by reference.

Product Orders
Purchases made by you of vinyl graphics/decals or other items (“Products”) through the Website or affiliated websites will be done in accordance with these TOS and with the notices and instructions posted on the Website. Title and risk of loss for all Products ordered by you through the Website passes to you when CarArt delivers the Products to the shipping carrier.

Upon placing your order, you acknowledge that CarArt may review your order, and the Content it contains, for adherence to our guidelines and compliance with the terms and conditions set forth in this User Agreement. You agree that you must evaluate, and bear all risks associated with the use of any Content on the Website, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content, created by or submitted to, CarArt. You acknowledge and agree that you are responsible for the creation and compilation of your Content, and that neither CarArt nor any other party involved with the production of any product incorporating such Content, including but not limited to vinyl graphics/decals, assumes that responsibility. CarArt's production of any Product depicting your Content does not indicate that CarArt approves of the Content, that the Content obeys all applicable laws, or that you are absolved of any liability or harm arising from the use of the Content. You acknowledge and agree that CarArt may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

1. comply with legal process;
2. enforce the Agreement;
3. respond to claims that any Content violates the rights of third-parties; or
4. protect the rights, property, or personal safety of CarArt, its users and the public.

ORDERS, PRODUCT COLORS, NO REFUNDS: ALL ORDERS FOR CARART PRODUCTS CONSTITUTE CUSTOM PRODUCT ORDERS AND AS SUCH ARE FINAL. THERE ARE NO REFUNDS OR RETURNS ON ANY ORDER MADE THROUGH THE WEBSITE. PRODUCT COLORS WILL USUALLY APPEAR DIFFERENT FROM THE COLOR DISPLAYED THROUGH YOUR COMPUTER MONITOR WHEN USING THE WEBSITE TO DESIGN YOUR PRODUCTS. YOU ACKNOWLEDGE THIS AND AFFIRM THAT ORDERS PLACED BY YOU USING THE WEBSITE WILL BE PRODUCED IN THE VINYL COLOR THAT CARART SELECTS IN ITS SOLE DISGRETION. WHILE THE 3M VINYL PRODUCT USED TO CREATE YOUR CUSTOM PRODUCTS IS DESIGNED TO LAST 3-7+ YEARS IN OUTDOOR CONDITIONS, CARART DOES NOT WARRANT THE PRODUCT FOR APPEARNCE, PERFORMANCE, OR OTHERWISE FOR ANY PERIOD OF TIME.

ALL CAR PHOTOS THROUGHOUT THE WEBSITE ARE PROVIDED FOR CONVINIENCE ONLY, AND ARE NOT WARANTED TO REPRESENT THE PRECISE SHAPE, DIMENSIONS, COLOR, OR OTHER FEATURES OF ANY SPECIFIC CAR MODEL. THE CARART DESIGN STUDIO IS PROVIDED TO ASSIST USERS IN CREATING AND ORDERING CUSTOM VINYL GRAPHICS, BUT NO REPRESENTATIONS OR WARRNATIES ARE PROVIDED BY CARART THAT THE VEHICLE GRAPHICS CREATED USING THE DESIGN STUDIO AND OTHER WEBSITE FUNCTIONS WILL FIT ON YOUR CAR. ALWAYS MEASURE THE AREAS ON YOUR OWN CAR WHERE YOU PLAN TO INSTALL YOUR VINYL GRAPHICS BEFORE COMPLETING YOUR ORDER. YOUR VINYL GRAPHICS PRODUCTS ORDERED THROUGH THIS WEBSITE WILL BE CREATED TO THE SIZE THAT IS SHOWN IN THE SHOPPING CART PAGE. BY CHECKING THE “CORRECT SIZE FOR THIS DECAL” BOX IN THE SHOPPING CART, YOU AFFIRM THAT THE SIZE SHOWN FOR EACH DECAL IS THE SIZE YOU ARE ORDERING. NO RETURNS OR REFUNDS WILL BE GIVEN FOR ORDERS BASED ON ISSUES OF DECAL SIZE, COLOR, OR OTHERWISE. ONCE YOU COMPLETE YOUR ORDER, THE SALE IS FINAL.

THE SALE OF PERFORATED “VIEW-THROUGH’ VINYL PRODUCTS DOES NOT REPRESENT OR WARRANT, ON THE PART OF CARART.COM, THEIR FITNESS FOR USE OR THAT THEY ARE LEGAL TO BE USED IN YOUR AREA. USERS MUST VERIFY THE LEGALITY OF ALL VIEW-THROUGH AND WINDOW APPLIED PRODUCTS WITH THEIR LOCAL STATE AND CITY LAWS PRIOR TO ORDERING SUCH PRODUCTS.

Pricing
Prices for products on CarArt.com are described on our website and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at CarArt's discretion.

Geographic Restrictions
CarArt only accepts orders for Products that are shipped to locations within the United States of America and its territories.

Publishing/Licensing Your Images (“Content”) to CarArt.com & Royalties
The CarArt.com Service allows you to upload images to the Website. Uploading any image to the Website constitutes your agreement with our Intellectual Property Policy. You affirm, each time you upload an image to the Website, that you own the legal rights of distribution for that image. If CarArt is made aware of any intellectual property infringement, we may share your contact information with the copyright owner so that they can pursue legal action. CarArt.com expressly forbids copyrights infringement and will not knowingly accept any infringing images for use within this Website. You may order graphics/decals for your own use based on the images you upload. You may also earn royalties when other users purchase graphics/decals that utilize the image(s) you have uploaded to the Website. You agree not to upload, email or otherwise transmit any materials including but not limited to text, data, photos, graphics, vector images, eps files, or any of these elements in combination as a design for products available on the Website that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, indecent, inflammatory, libelous, tortuous, hateful, or racially, ethnically or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property. CarArt.com will, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use on the Website, and will take any necessary action to prohibit the posting of any Content which it deems inappropriate, or to remove any such previously posted Content without liability to you or any third party.

When you upload an image for use in the Image Marketplace, in the Design Studio, and otherwise on the Website, you retain ownership of the image that you upload. By uploading it, you grant to CarArt.com and its wholly owned subsidiaries, JV partners, and to businesses the license the CarArt Design Studio and Image Marketplace, a worldwide, non-exclusive, transferable right and license to use such Content in all present and future media, as CarArt.com deems necessary, to enable you to produce and purchase, and to sell to other users, Products. You also grant CarArt the right to use your uploaded/published images in the marketing of CarArt services, and for use on other websites owned by CarArt or its owners, to create other Products outside of vinyl vehicle graphics, as long as CarArt pays you any royalty you designate when you publish your image/content with CarArt.com. CarArt.com may sublicense the right that you grant it in this Section to a third party subcontractor only for purposes of expanding the number of websites that will host the CarArt Design Studio and Image Marketplace in effort to expose your Image/Content to more potential buyers to increase the opportunity for you to earn royalties; to provide the Service, process your order, and produce and ship your order and the orders of users who have purchased Products that utilize your images/content. When uploading any image to the Website, you make it available to the public through the Image Marketplace (i.e. you Publish it), which enables other users to view and alter your image using the Website and to purchase graphics/decals that are created using your image or any alteration thereof. By uploading/publishing your image(s), you agree to allow other users such use, alteration, and ordering of Products based on your image(s) by other users. When you upload an image, you will be given the option of designating a Royalty – a dollar amount (in US Dollars) that you will accrue each time another user purchases a Product that utilizes your image. You will not be charged a royalty when you purchase Products that utilize images that you have uploaded/published. No royalty will be accrued or paid on the sale of any items containing an image which is in violation of any of the provisions of this User Agreement, including but not limited to no royalty on any images that contain objectionable content or are posted in violation of the intellectual property, privacy or celebrity rights of any person or entity. You may not use or distribute any Content received through the Website without the authorization of the Content owner, except for uses permitted by law. You agree not to publish, reproduce, copy, in whole or in part, nor upload, download, post, email, sell, or otherwise distribute Content available through the Website including code and software, in violation of applicable copyright and other intellectual property laws.

Royalties that are earned will be paid quarterly to users who are owed $25 USD or more at the end of any calendar quarter, and shall be paid within 20 calendar days of the close of such calendar quarter for royalties earned the previous quarter. Users who have earned over $250 in unpaid royalties will be paid their within 15 calendar days of reaching this balance of royalties owed. CarArt.com will file a form 1099 with the IRS for each user who earn $600 or more in a calendar year in royalties from CarArt.com. Such report will name the user/payee as a contractor for CarArt.com.

DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
THE CARART.COM WEBSITE AND CARART.COM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CARART.COM DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, CARART.COM SERVICE OR ITS USE: WILL BE UNINTERRUPTED, FREE OF TECHNICAL BUGS, INACCURACIES OR ERRORS, OR THAT IT WILL MEET YOUR NEEDS. CARART.COM MAKES NO WARRANTIES OTHER THAN THOSE WHICH ARE EXPRESSLY MADE IN THIS TOS. CARART.COM DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

CARART.COM GRAPHICS UTILIZE AGGRESSIVE ADHESIVE AND SHOULD BE DEEMED PERMENANT FIXTURES TO YOUR CAR IF LEFT INSTALLED FOR 3+ YEARS. CARART.COM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL, DAMAGE TO YOUR PRODUCTS AFTER DELIVERY TO THE SHIPPING CARRIER, DAMAGE TO YOUR CAR OR OTHER SURFACE FROM THE AGGRESSIVE ADHESIVE, ETC) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE CARART.COM SERVICE OR THIS TOS OR PRODUCTS ORDERED THEREBY, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS TOS OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS TOS, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS TOS EXCEED THE AMOUNT OF PAID AND UNPAID ROYALTIES ACCRUED DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE THAT CARART DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THIS SERVICE. EXCEPT AS OTHERWISE AGREED IN WRITING, CARART AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THIS WEBSITE.

YOU ACKNOWLEDGE THAT CARART MAKES NO WARRANTY OR REPRESENTATION THAT CONFIDENTIALITY OF INFORMATION TRANSMITTED THROUGH THIS WEBSITE WILL BE MAINTAINED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARART OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

General
You agree to indemnify and hold harmless CarArt.com and its representatives, agents, directors, officers, affiliates, employees, managers and shareholders (the "Parties") from any loss, damage, expense, action, etc (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this TOS through any act or omission. If you have to indemnify CarArt.com under this Section, CarArt.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without CarArt.com's express written permission.

In its sole discretion, with or without notice to you, CarArt.com may: suspend, limit your access to or terminate your use of the Website and/or the Service; suspend and/or limit your access to or terminate your account; remove any of your Content from CarArt.com's servers and directories and (iv) prohibit you from using the CarArt.com Service and/or the Website.

This TOS will survive indefinitely unless and until CarArt.com chooses to terminate this TOS. If you or CarArt.com terminates your use of the Website or the CarArt.com Service, CarArt.com may delete any Content or other materials relating to your use of the CarArt.com Service on CarArt.com's servers or otherwise in its possession and CarArt.com will have no liability to you or any third party for doing so.

All notices required or permitted to be given under these TOS will be in writing and delivered to the other party by any of the following methods:

1. U.S. mail,
2. overnight courier, or
3. electronic mail.

If you give notice to CarArt.com, you must use the following address: help@carart.com. If CarArt.com provides notice to you, CarArt.com will use the contact information provided by you to CarArt.com. All notices will be deemed received as follows:

1. if by delivery by U.S. mail, seven (7) business days after dispatch,
2. if by overnight courier, on the date receipt is confirmed by such courier service, or
3. if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

All disputes arising out of, relating to or connected with these TOS or your use of any part of the CarArt.com Service will be exclusively resolved under confidential binding arbitration held in Salt Lake County, Utah, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Utah law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Salt Lake County, Utah. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Utah State courts in Salt Lake County. Notwithstanding anything to the contrary in this Section CarArt.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

Miscellaneous
These TOS will be binding upon each party hereto and its successors and permitted assigns. This TOS is not assignable or transferable by you without the prior written consent of CarArt.com. This TOS (including all of the policies and other Agreements described in this TOS, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this TOS will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and CarArt.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this TOS. The invalidity or unenforceability of any provision of this TOS will not affect the validity or enforceability of any other provision of this TOS, all of which will remain in full force and effect.