Find Me Art, Inc. is a registered Colorado, USA, nonprofit company with the mailing address of PO Box 631820, Highlands Rach, CO, 80163. Our mission is to create, inspire and bridge community members by enabling a moment of gifting and a movement of connecting between Artsist and community members. By providing a platform of website(s), application(s), and other service(s) for those wanting to participate, we support and facilitate:
Given the independent natures and roles of each participant, all terms apply to all users including, but not linited to the Artist, the Hider, and the Finder. For more information, visit About Us or contact us on our Contact Us page.
This Agreement applies to your use of all Find Me Art services which includes all of the use of:
The websites and mobile applications above, including all associated software, content, products and data will be referred to throughout this Agreement simply as our "services." References to "content" should be read in the broadest context possible; content includes among other things text, images, code, feedback, forum posts, your account details, emails, music, and audiovisual materials. This Agreement applies to "you" as a person accessing or using our services.
Although individuals under 16 are welcome to participate in Find Me Art, their parents or guardians must own and manage their accounts. You must be 18 or older to post any of the Find Me Art bulleting boards or BLOGS. If you are under the age of 18 but at least 16, you may only use our services with the consent of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or guardian and discover that your child under the age of 16 has an account not created and managed by you, you may alert us via email and request that we delete that child's personal information.
The use of Find Me Art, Inc. services include website(s) and application(s) may be subject to other terms, policies, or guidelines. Where this is the case, we will ask you to accept the relevant terms before providing the service. In the event there is any conflict between this Agreement and any other policies or guidelines that appear on our websites or through our mobile applications, this Agreement will govern. In the event there is any conflict between this Agreement and any other agreements required to use a specific component of our services, the specific terms in conflict will take precedence over the corresponding terms in this Agreement. If you navigate away from our websites or applications to a third party website or application, the terms and conditions of use applicable to that website or application will govern your use of that website or application.
The various components and aspects of Find Me Art, Inc. activities as facilitated by our services can be dangerous. This includes but are not limited to making artwork to be hidden, hiding artwork, searching for and finding the artwork may expose you to unknown risks and take you into difficult locations. When taking part in these activities, you risk property damage, bodily injury, or death. There are many variables that must be considered including: artistic talent and experience, website acumen, weather, fitness level, terrain features, and outdoor experience. Be prepared and be sure to check the current conditions before heading outdoors to hide or find the artwork. Always exercise common sense and caution. Presence of certain information within the Find Me Art, Inc. services does not imply that accessing such a location or locations is safe or legal. Do not enter third parties' property without permission and always obey applicable laws when using our services. You assume all risks and responsibilities associated with hiding and/or seeking of artwork. Comply with all applicable laws, including health and safety guidelines.
Find Me Art, Inc. hereby grants you a limited, non-exclusive, non-transferable, fully revocable (pursuant to the termination provisions below) license to view and use our services for your own personal, non-commercial purposes in accordance with this Agreement.
Permission to use our services is subject to the following restrictions. Whether these restrictions have been violated shall be determined in our sole discretion. You agree not to:
All tangible goods purchased on our merchant site, //www.findmeart.com/shop.php are subject to shops Terms of Sale and Returns and Exchanges policies.
We may suspend or terminate your account upon notice if you violate the terms of this Agreement. If the situation warrants, we will give you a reasonable opportunity to fix the issue before suspending or terminating your account. Any suspension or termination of your account applies to you personally; you may not access our services through any other account that you own or create or through accounts owned or created by others. You can stop using our services and terminate this Agreement at any time. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
We will provide you with notice of any material changes to our services or if we are to suspend or terminate our services. Our services include software that may update automatically on your device once a new version or feature is available. We are under no obligation to provide maintenance support or upgrades for any of our software except where required by applicable law.
Find Me Art is a registered trademark of Lazygoose USA, Inc. Our services are the property of Find Me Art, Inc. or our licensors and are protected by copyright, trademark, and other intellectual property laws. Using our services does not give you ownership of any intellectual property rights in our services or the content you access. Do not copy or download any of the content available through our services (except your own) unless we have expressly authorized you to do so. All rights not expressly granted in this Agreement are reserved by Find Me Art, Inc. or by the respective owners of the intellectual property rights. Do not remove, obscure, or change any legal notices displayed in or along with our services.
Occasionally, our services may display content that does not belong to Find Me Art, Inc.. Except as part of our services, you may not use third party content from our services unless you have our permission, obtain the permission of the content owner, or are otherwise permitted by law. Content available through our services that does not belong to Find Me Art, Inc. is the sole responsibility of the person or entity that has made it available. We do not review content available through our services although we may remove content we become aware of and that we reasonably believe violates our policies or applicable law. Third parties may provide products for use with our services, such as software or widgets, and our website may include third party products and links to third party sites.
All digital content you submit through our services remains yours (subject only to the license grant below); this includes your logs and pictures, your comments and anything you post to our bulletin boards or BLOGS. You and not Find Me Art, Inc. are entirely responsible for all content that you upload, post, or otherwise transmit via our services. You represent and warrant that you have all necessary rights and permissions required for all content you post and for the rights you grant to us below, and that your content does not violate this Agreement, other Find Me Art, Inc. terms, policies or guidelines, the rights of any other party, or applicable law.
By submitting content to our services, you grant Find Me Art, Inc. a worldwide, non-exclusive, royalty-free, for the legal duration of intellectual property protection, irrevocable, fully transferable, and sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content as well as those derivative works on our websites or applications, on social networks such as Facebook, Twitter, Instagram (whether or not from our accounts), on sharing platforms (such as YouTube, , whether or not from our channels), in our emails and e-banner ads, on our intranet and on our internal documentation, in our business to business marketing materials, for commercial, or promotional purposes. You agree that we have no obligation to monitor or protect your rights in any content that you may submit to us, but in the event that someone else takes content you have submitted through our services without either of our permission, you give us the right to request that they take the content off of their website or otherwise stop using it.
Find Me Art, Inc. respects the intellectual property rights of others, and asks that you and all users of our services do the same. If you believe your work has been published on our services in a way that constitutes copyright infringement, you must notify Find Me Art, Inc.
One of our goals as a company is to keep the world free of abandoned and/or lost artwork specifically placed within the guidelines of our services. As a participant as an Artist, Hider or Finder, you give us permission to allow other individuals to remove and/or dispose of your artwork(s) if any one or more of the following situations are met:
OUR SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE, AND YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES. WE MAKE NO SPECIFIC PROMISES ABOUT OUR SERVICES OR CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING WITH REGARD TO THEIR AVAILABILITY, RELIABILITY, FUNCTIONALITY, ACCURACY, OR TRUTHFULNESS (WHETHER PROVIDED BY FIND ME ART, INC. OR OUR USERS), OR LACK OF VIRUSES OR ERRORS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW OR OTHERWISE, REGARDING OUR SERVICES AND THE CONTENT AVAILABLE THROUGH OUR SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT, AVAILABILITY, AND LACK OF NEGLIGENCE
REGARDLESS OF THE FORM OR CAUSE OF ACTION OF THE ALLEGED BASIS OF THE CLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, FIND ME ART, INC. AND COMMUNITY MEMBERS WHO SERVE AS COMMUNITY VOLUNTEERS, ARTISTS, HIDERS, FINDERS, BLOG PARTICPANTS, AND AND ADMINISTRATORS OR STAFF WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES, LOST PROFITS, REVENUES OR DATA ARISING FROM THIS AGREEMENT OR YOUR USE OF OUR SERVICES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES OTHERWISE PROVIDED UNDER THIS AGREEMENT, AT LAW, OR IN EQUITY, FAIL OF THEIR ESSENTIAL PURPOSE. SHOULD A COURT OF COMPETENT JURISDICTION DETERMINE THAT THE LIMITATION ABOVE IS NOT LEGALLY VALID, TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FIND ME ART, INC., STAFF, MEMBERS AND ADMINISTRATORS TO YOU FOR ANY CLAIM UNDER THIS AGREEMENT OR ARISING OUT OF OUR SERVICES, INCLUDING FOR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR OUR SERVICES OR THE AMOUNT OF DIRECT DAMAGES INCURRED BY YOU IN RELIANCE ON OUR SERVICES, WHICHEVER IS LESS. YOU AGREE THAT THIS IS YOUR SOLE AND EXCLUSIVE REMEDY AND YOU HEREBY RELEASE FIND ME ART, INC. AND STAFF, MEMBERS AND ADMINISTRATORS FROM ALL OBLIGATIONS, LIABILITY, CLAIMS, OR DEMANDS IN EXCESS OF THE LIMITATION.
All limitations of liability in this Agreement shall apply in equal scope and substance to Find Me Art, Inc.'s officers, directors, shareholders, agents, employees, contractors, representatives, successors, assigns, and administrators.
You agree to indemnify and hold Find Me Art, Inc., our officers, employees, agents, and administrators harmless against all losses, claims, damages, and expenses (including reasonable attorneys' fees) that Find Me Art, Inc. may incur in connection with: (a) your breach of any of the terms of this Agreement; (b) your fraudulent use of the services; or (c) your violation of applicable law which you are responsible for.
In all cases, you agree that any dispute shall be resolved only in the US District Court of Douglas County, Colorado.
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, Find Me Art, Inc. and you agree that the remaining provisions of the Agreement will remain in effect, and the allocation of risk described in this Agreement will be given effect to the fullest extent possible. Find Me Art, Inc.'s failure to act with respect to a breach by you or others does not constitute a waiver of Find Me Art, Inc.'s right to enforce our rights with respect to later or similar breaches. This Agreement, along with any guidelines, terms, or policies posted on our websites or mobile applications or that we otherwise provide to you, constitutes the entire agreement between us with regard to your use of our services.