Terms of Service

1.1 Overview. These Terms of Service (“Terms”) govern your access to and use of the WallArtZen.com website (the “Site”) and any content, functionality, products, and services offered on or through the Site (collectively the “Services”), whether as a guest or a registered user. These Terms also describe how Elysium Spark LLC (“Company,” “we,” “our,” or “us”) expect users (“you” or “your”) to use the Site and what would be considered unfair or inappropriate use of our content. Please read these Terms carefully before you start to use the Site. By using the Site or by clicking to accept or agree to these Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Site or Services.

1.2 Changes to the Terms of Service. The Company may revise and update these Terms from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

1.3 Accessing the Site and Account Security. We reserve the right to withdraw or amend the Services, and any related service or material we provide on the Site, in our sole discretion and without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users. You are responsible for: making all arrangements necessary for you to have access to the Site and ensuring that all persons who access the Site through your internet connection are aware of these Terms and comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site and Services that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Site or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

1.4 Eligibility. This Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.

SECTION 2: INTELLECTUAL PROPERTY RIGHTS

2.1 All content included on this Site and Services, unless uploaded by Users, as defined below, including, without limitation, text, graphics, logos, images, source code, designs, illustrations, photographs, bios, audio clips, video clips, digital downloads, data compilations, and software is the property of The Company or its content suppliers and protected by United States and international copyright laws. The collection, arrangement, and assembly of all content on this Site and Services is the exclusive property of The Company and protected by U.S. and international copyright laws. All software used on this Site and Services is the property of The Company or its software suppliers and protected by United States and international copyright laws. Any use of materials on this Site or Services, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of The Company, is strictly prohibited. Users agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of The Company.

2.2 The Company grants you a limited, non-exclusive, non-transferable license to access, view, and use the Site and Services and download content from the Site and Services solely for your personal, non-commercial purposes. You agree not to interrupt or attempt to interrupt the operation of the Site or Services in any way.

2.3 The trademarks, logos, and service marks displayed on the Site and Services (collectively the “Trademarks”) are registered and unregistered trademarks of The Company and others. Nothing contained on the Site and Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site or Services without the prior written permission of The Company or such third party owner of any Trademark displayed on the Site or Services. Your use of the Trademarks displayed on the Site or Services, or any other content, except as provided in these Terms, is strictly prohibited.

2.4 You are prohibited from violating or attempting to violate the security of the Site or Services, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network; or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. The Company will investigate any such violations and may involve, and cooperate with, law enforcement authorities in prosecuting any users who are involved in such violations.

2.5 Regarding artwork and other creations available for purchase on the Site or from the Company:

WallArtZen.com claims copyright over all images on the site, established through creative human input like prompts, image editing, upscaling, processing, metadata creation, and injection into the image format, content describing and marketing the time, and overall, a significant time and financial investment in making each AI image a unique piece of artwork.
Users acknowledge these images are protected IP owned by WallArtZen.com.
Assume all work is AI created unless an artist's profie is attached. Everything you see and read is likely fictional, like the stories behind the art and videos/copy about the art, and was generated with the help of AI.
The site has a takedown process to address any inadvertent copyright infringement.

2.6 In the case of a user finding what they believe to be a copyright infringement found on the Site:

To request a takedown, identify the original work, its URL on WallArtZen.com, evidence of similarity, contact information, etc. You can send this information to hello@wallartzen.com
Valid takedown notices will result in image removal within one week, pending investigation.

SECTION 3: USER CONTRIBUTIONS AND CONDUCT

3.1 As a user of our Site and Services, you agree that you are responsible for your own communications and any consequences thereof. You agree you will not do any of the following actions on or through the Site and Services:

Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
Post, upload, or distribute any User Content or other content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
Post, upload, or distribute any viruses, malware, or other malicious code;
Impersonate or misrepresent your affiliation with any other person or entity;
Violate the rights of any party, including their privacy or publicity rights;
Engage in, promote, or encourage illegal activity;
Engage in activity in violation of laws, regulations, or rules, or that is otherwise inappropriate for the intended environment of the Site or Services.

3.2 The Company does not endorse and has no control over what users post, submit to, or do on the Site and Services. Notwithstanding the foregoing, The Company reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be harmful, offensive, threatening, defamatory, obscene, or otherwise objectionable or in violation of any party’s rights or applicable law.

3.3 Users may submit feedback, ideas, images, text, and other content for possible use on the Site and Services (collectively, “User Content”), provided such User Content adheres to these Terms. By submitting any User Content on the Site or Services, you automatically grant The Company a perpetual, worldwide, non-exclusive license to use, reproduce, modify, edit, publish, translate, distribute, and otherwise exploit the User Content on the Site and Services or in any publicity or promotion related to the Site or Services, in any media or format, and without compensation, notice or attribution to you. You represent and warrant that your User Content is original to you, does not infringe on anyone else’s rights or otherwise violate these Terms, and that you have all necessary rights to grant us the license set forth herein.

3.4 Users are prohibited from accessing or using the Site or Services for any unlawful or harmful purpose or activity, including conduct that is threatening, harassing, defamatory, libelous, fraudulent, deceptive, misleading, inaccurate, abusive, harmful to minors or obscene.

3.5 Users are prohibited from submitting any User Content or other materials that falsely express or imply any sponsorship or endorsement by The Company.

3.6 Users may not attempt to restrict another user from using or enjoying access to the Site or Services. Users are prohibited from promoting or facilitating any prohibited use of the Site or Services.

3.7 Users submitting their art or AI created artwork are subject to all the rules above, including the following:

When you submit content to WallArtZen.com, you grant the site a broad license to use, reproduce, distribute, display, and create derivatives of that content. This facilitates selling it on the site.
You agree not to sell or license that content elsewhere.
You represent that you have the right to submit the content and grant this license.

SECTION 4: PURCHASES AND ONLINE COMMERCE

4.1 By making a purchase or engaging in a transaction through or in connection with the Services, you warrant you are legally capable of entering into contracts and are at least 18 years old.

4.2 Terms for specific items or Services that you purchase or engage may be provided at the time of purchase and will govern the transaction, in addition to these Terms. Please review those additional terms carefully before making your purchase or engaging the Services.

When you buy art from WallArtZen.com, you get a limited license to display, possess, and use the art for personal, non-commercial purposes.
You cannot reproduce, distribute, modify, publicly display, or perform the artwork in any way. All copyrights remain with WallArtZen.com.
Purchase of the art does not transfer any copyright – WallArtZen.com retains full ownership.

4.3 When you place an order through the Services, you will receive an email confirming your order details (the “Order Confirmation”). The Order Confirmation is generally accompanied by an acknowledgment that we have received your order. This acknowledgment does NOT confirm acceptance of your order or constitute confirmation of our offer to sell; it only confirms we have received your order. We reserve the right to accept or decline your order for any reason up until the time the order information reflects that your order has shipped.

4.4 As part of the order process, The Company may make use of third-party payment service providers to provide an interface between our Site or Services and appropriate third party merchant accounts and/or financial institutions. If our Site or Services provide a button that directs you to a third-party payment service provider to complete your purchase, then you agree to release us from any and all claims, demands and damages related to our use of such third-party service provider or arising from your interactions with the same.

4.5 You agree to pay all fees or charges to your account based on The Company’s prices in effect when such fees or charges are incurred, including any applicable taxes, and to pay all amounts incurred by users of your account. All fees and charges are non-refundable unless otherwise provided in these Terms or required by applicable law.

4.6 Your obligations are absolute and unconditional without any right of rescission, set-off, counterclaim, or defense for breach of this agreement. You hereby waive any and all such rights or defenses you have against The Company or any third-party payment processor. You hereby agree that you will not contest, set aside, void, or otherwise attack the validity or enforceability of your obligations under this agreement.

4.7 We reserve the right, but not the obligation, to correct clerical or typographical errors and to dispute or cancel any transaction we believe to have been submitted erroneously.

SECTION 5: DISCLAIMER OF WARRANTIES

The Company makes no representations or warranties concerning the Site, Services, User Content, or information on the Site or Services. The Site and Services are provided strictly on an “as is” and “as available” basis. Use of the Site and Services is at your own risk. To the full extent permissible by applicable law, The Company disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. The Company makes no warranties or representations about the accuracy or completeness of Site and Services’ content or the content of any sites linked to the Site or Services and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or Services; (iii) any unauthorized access to or use of our secure servers and/or any and all personal, private, or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Site or Services; (v) any bugs, viruses, trojan horses, malware, spyware or the like which may be transmitted to or through our Site or Services; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted to, linked to or otherwise accessible through or made available via the Site or Services; and/or (vii) user content or the defamatory, offensive, or illegal conduct of any third party. The Company does not warrant, endorse or guarantee any content, product, or service described or offered by any third party through the Site or Services. The Company will not be a party to or in any way responsible for monitoring any transaction between users and third-party providers of products or services.

The information contained on the Site and Services, and any part thereof, including but not limited to the text, images, audio, and videos, are for informational purposes only. Any opinions or statements made on the Site and Services are those of their respective authors and should not be taken as advice or facts. The Company does not make any representation or give any warranty, express or implied, as to the accuracy or completeness of this information.

SECTION 6: LIMITATION OF LIABILITY

In no event shall The Company, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of the Site or Services, whether such liability is under contract, tort or otherwise. In no event shall The Company, including its officers, directors, employees, affiliates, agents, contractors or licensors, be liable to you or any third party for any direct, indirect, incidental, special, punitive or consequential damages, including lost profits, lost revenue, loss of data, loss of goodwill, costs of procurement of substitute products or services, or any other damages arising in any way out of: (i) these Terms or the inability to use or access the Site or Services, (ii) any conduct or content of any third party on the Site or Services, including libel, defamation, violation of rights of publicity, loss of privacy, or infringement of intellectual property or other proprietary rights; (iii) any inaccurate, incomplete or misleading information on the Site or Services; (iv) unfair or deceptive trade practices; or (v) any other matter related to the Site or Services, even if The Company has been informed of the possibility of such damages.

In no event shall The Company’s total liability to you for all damages exceed the amount paid by you to The Company during the six month period prior to bringing a claim, or one hundred dollars (US $100), whichever is greater.

Certain states and/or jurisdictions, including New Jersey, do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.

SECTION 7: INDEMNIFICATION

You agree to defend, indemnify and hold harmless The Company and its licensee and licensors, and their employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Site and Services; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including any copyright, trademark, trade secret or other property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive these Terms.

SECTION 8: ABILITY TO ACCEPT TERMS OF SERVICE

You affirm that you are over the age of 18, as the Site and Services are not intended for children under 18.

SECTION 9: ASSIGNMENT

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by The Company without restriction.

SECTION 10: GENERAL

10.1 The Site and Services are based in Colorado. You and The Company agree that the warranties and warranty disclaimers, limitations of liability and indemnity provisions in these Terms are independent of any other provision of these Terms and each will apply even if any other provision is found to have failed of its essential purpose.

10.2 You agree that if The Company does not exercise or enforce any legal right or remedy which is contained in these Terms (or which The Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of The Company’s rights and that those rights or remedies will still be available to The Company.

10.3 The Site and Services may also provide links to other websites. Because we have no control over such websites and resources, you acknowledge and agree that The Company is not responsible for the availability of such websites or resources, does not endorse and is not responsible or liable for any content, advertising, goods, services, or other materials on or available from such websites or resources. The Company shall not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused with use of or reliance on any content, goods or services available on such websites or resources. IF YOU DECIDE TO ACCESS OTHER WEBSITES, YOU DO SO AT YOUR OWN RISK.

10.4 The Company may provide you with notices regarding the Site and Services, including changes to these Terms, by email to your registered email address or by posting notices on the Site and Services.

10.5 You agree that no joint venture, partnership, employment, or agency relationship exists between you and The Company as a result of these Terms or your use of the Site and Services.

10.6 These Terms, together with the Privacy Policy, and any other agreements expressly incorporated by reference into these Terms, constitute the entire agreement between you and The Company with respect to the Site and Services, and supersede all prior or contemporaneous negotiations, discussions or agreements between you and The Company about the Site and Services.

10.7 The section titles in these Terms are for convenience

LEGAL EXPLAINER

This legal explainer provides an overview of the terms of service that govern the use of WallArtZen.com, a website that sells both human-created and AI-generated artwork. While the formal terms of service above establish the legally binding agreement for using this Website and interacting with the Company, this explainer aims to summarize the key sections from the above document in plain language.

LICENSE AND USAGE RIGHTS

When you buy art from WallArtZen.com, you get a limited license to display, possess, and use the art for personal, non-commercial purposes.
You cannot reproduce, distribute, modify, publicly display, or perform the artwork in any way. All copyrights remain with WallArtZen.com.
Purchase of the art does not transfer any copyright – WallArtZen.com retains full ownership.

CONTENT SUBMISSION AND PERMISSIONS

When you submit content to WallArtZen.com, you grant the site a broad license to use, reproduce, distribute, display, and create derivatives of that content. This facilitates selling it on the site.
You agree not to sell or license that content elsewhere.
You represent that you have the right to submit the content and grant this license.

COPYRIGHT AND INTELLECTUAL PROPERTY

WallArtZen.com claims copyright over all images on the site, established through creative human input like prompts, image editing, upscaling, processing, metadata creation, and injection into the image format, content describing and marketing the time, and overall, a significant time and financial investment in making each AI image a unique piece of artwork.
Users acknowledge these images are protected IP owned by WallArtZen.com.
The site has a takedown process to address any inadvertent copyright infringement.

RELEASES AND RESPONSIBILITIES

You must provide valid releases for any content with identifiable people, properties, etc.
WallArtZen.com disclaims liability if AI inadvertently creates art resembling copyrighted works, given how AI training works.

COMPLIANCE WITH LAWS

WallArtZen.com commits to complying with copyright, privacy, e-commerce and other applicable laws.
The site will participate in legal proceedings as required.
Terms may be updated to align with legal developments concerning AI art.

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENTS

To request a takedown, identify the original work, its URL on WallArtZen.com, evidence of similarity, contact information, etc. You can send this information to hello@wallartzen.com
Valid takedown notices will result in image removal within one week, pending investigation.

PRIVACY

Standard privacy practices are covered in a separate Privacy Policy.
WallArtZen.com maintains the confidentiality of user-submitted content.

MISCELLANEOUS LEGAL PROVISIONS

If any provision is invalidated, the rest remain in effect.
These terms represent the entire agreement between the user and WallArtZen.com.

In summary, these terms establish user rights and prohibitions, content licensing, IP ownership, privacy, dispute resolution, and other legally binding provisions for the WallArtZen.com site. If you have questions, please email using our contact us form or get in touch at WallArtZEN, 500 Westover Drive, Suite 11505, Sanford, NC 27330. The full terms of service contain formal, legally enforceable language.