Select Page

Terms And Conditions

Welcome to www.artillux.com! We are delighted to have you here. Please take a moment to read the following guidelines.

These terms and conditions outline the rules and regulations for the use of Artillux’s Website, located at https://artillux.com. This document, along with the other documents referenced below, constitutes our website rules that you must adhere to when visiting and using our marketplace. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND MAKE SURE YOU FULLY UNDERSTAND THEM AS THEY GOVERN YOUR LEGAL RELATIONSHIP WITH US AND YOUR RIGHTS RELATED TO YOUR USE OF OUR SERVICE.

By accessing this website, it is assumed that you accept these terms and conditions. Do not continue to use www.artillux.com if you do not agree to accept all the terms and conditions stated on this page.

Artillux’s services connect clip artists and educators around the world in a marketplace to showcase, sell, find, and purchase unique and original pieces of clip art oriented towards educational purposes. This guide aims to help you understand the specific rules that are relevant to you, depending on how you use our services.

Please note that Section ??, Disputes with Artillux, contains an arbitration clause and class action waiver. By agreeing to the Terms, you agree to resolve all disputes through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury and that you waive your right to participate in class actions, class arbitrations, or representative actions.

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, and all Agreements: “Member,” “Visitor,” “User,” “Buyer,” “Seller,” “You,” and “Your” refer to you as the user who is compliant with the company’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us” refer to Artillux as a company. “Party,” “Parties,” or “Us” refers to both the Members and the Users of Artillux. By using our Services as a Member, Visitor, or in any other manner, you agree to follow these Terms, including the terms of our Privacy Policy, Copyright & Trademark Policy, Seller Fees and Payout Rates Policy, Community Guidelines, and any other terms or policies outlined in these Terms.

A. Membership

In this section, you will learn how to become a member of the Artillux community and how to create one of the various kinds of accounts that we offer. There are two kinds of accounts: Seller (to sell your clip-arts, pics, etc.) and Buyer (to browse, purchase, and download resources).

A.1. Becoming a member

You must be at least 18 years of age to become a member of the Artillux community. This must be represented and warranted if you want to create an account in our marketplace, both as a Seller or Buyer. Violation of this rule, or if we are unable to verify your age or identity, will result in the suspension or cancellation of your account. It is necessary that, as the user, you provide authentic and verifiable information. Providing false information is a violation, and we reserve the right to ask you to verify your age or identity at any time. If your account is canceled for any reason, you will lose the right to be a member of the Artillux community.

A.2. Username and password

To create an account, you will need to choose a username. Do not use any offensive, derogatory, or discriminating terms. In addition, our website will also ask you for an alphanumeric password. Once you have created an acceptable username and password, you will be able to access your account. It is your responsibility to keep both of these confidential, as well as to be aware of any actions that may occur in your account as a result of not fulfilling this responsibility.

A.3. Membership categories

You can join Artillux as a Buyer or Seller.

Seller

A Seller is an individual that offers their own original educational clip art and other downloadable resources through our marketplace services. As a Seller, you will be able to create and customize your own shop to sell your authored pieces of clip art, pictures, drawings, or any other graphic resources. For further information, see the “Membership and Fees” subsection.

Buyer

As a Buyer, you will be able to purchase pieces of clip art, in addition to pictures and other graphic resources created for educational purposes. You will be able to download eventual free content from our sellers and post Feedback, questions, comments, requests, or other public messages related to your purchases in our marketplace. A Buyer Account is owned by the individual whose name and email address are listed on the Account profile.

A.4. Fees and membership

Fees, purchases, and taxes

You are responsible for paying any amounts owed, including applicable taxes, when making purchases on Artillux. When making a purchase on Artillux, you will be charged (in US dollars or European euros) the price indicated for each item, applicable state and local sales taxes, and any fees associated with your order. By placing an order, you warrant that the billing information you provide is accurate and authentic. Artillux allows Sellers to collect sales taxes on applicable orders in countries that have designated an obligation to do so. Artillux is not responsible for the information provided by our Sellers and does not guarantee the accuracy of sales tax calculations. For countries with applicable marketplace collection laws, and for other countries where Artillux has received permission (including by entering into a collection agreement), Artillux will calculate, collect, and remit applicable sales taxes. Where sales tax applies to your order, the amount of tax owed will be calculated at the time of purchase and may differ from the final amount of sales tax that will be charged when your order is processed. When sales tax is not collected, you are solely responsible for paying any use tax that may apply to your purchase, and you may be required to file a use tax return to pay such taxes.

Buyers

 Accessing as a buyer is free, as well as creating an account. You will only need to pay for the products you purchase. You can become a seller at any time by paying the membership fee of your choice.

Sellers 

Artillux offers different membership options for its sellers: “FREE,” “PROFESSIONAL,” and “PREMIUM,” each with different conditions, fees, and payout rates for your sales. You can consult our summary table of membership options and their corresponding fees and payout rates. 

The fee refers to the price you pay us for your annual membership option and for each of the items you sell. Payout rates are what Artillux pays you, depending on your membership, for each product you sell on our marketplace. For more detailed information about the different fees and payout rates based on your membership, you can consult the “Fee and Payment Policy for Sellers” section of these “Terms and Conditions.”

Artillux reserves the right to modify the fee conditions and payout percentages for our sellers. Such modifications will be communicated to all our sellers via email in advance and individually. The modifications will take effect from the date of their announcement, on existing membership renewals, and on new memberships. Artillux may apply exceptions and discounts to fee and payout modifications for those sellers it considers.

Each seller is responsible for complying with the tax obligations corresponding to their reference country, arising from the sales and income obtained by said seller on our marketplace. We recommend that our sellers seek appropriate tax advice to comply with these obligations.

The relationship with our sellers is fully detailed in these “Terms and Conditions.” Artillux provides a place to sell your products (illustrations, photos, etc.) and charges fees and commissions for it. Becoming a seller on Artillux does not establish any collaborative or employer-employee relationship between us and our sellers.

A.5. Account Cancellation

A seller can cancel their account at any time without the need to notify Artillux. They can do so within their profile or by contacting our support service. Artillux reserves the right to cancel any account at any time without prior notification, particularly if fraudulent use is detected, such as the resale of original materials. If an Artillux user decides to cancel their account, they can reactivate it simply by logging in with their username and password, retrieving all past information regarding charges, payments, purchases, and sales. The comments and posts that you have published on Artillux will also be retained. You can also request Artillux to delete all information regarding your account if you wish. If it is Artillux who has decided, for any reason, to cancel an account, the user will lose all rights to reopen that same account or to open a new one, and will lose all information regarding payments, charges, purchases, and sales. The comments published on our marketplace will also be deleted. If we are forced to cancel a seller’s account, none of their materials will continue to appear on our website. In the case of canceling a buyer’s account, they will not be able, under any circumstances, to reopen an account on our marketplace. This is especially applicable to those buyers whose fraudulent use of our sellers’ products is detected, and who do not respect their copyright. Artillux takes the rights of our sellers very seriously in this regard and will act promptly and firmly in response to any complaints or warnings from our users, canceling the accounts of buyers who resell the legitimate and original products of our sellers and preventing access to our marketplace by users who violate the copyright of our sellers. 

OUR MAIN OBJECTIVE IS TO OFFER A SAFE AND COPYRIGHT-RESPECTFUL MARKETPLACE. WE WORK TO DETECT AND PREVENT VIOLATIONS OF OUR SELLERS’ RIGHTS

B. Resource Usage License Policy

THE SELLERS IN OUR MARKETPLACE ARE THE HOLDERS AND HOLDERS OF THE INTELLECTUAL PROPERTY RIGHTS OF THEIR PRODUCTS AND ALLOW AND GUARANTEE BUYERS WHO ACCESS THE MARKETPLACE THE LICENSE TO USE SAID PRODUCTS, AS DESCRIBED IN THIS SECTION

B.1. Individual License

An individual license may be assigned or granted to a specific buyer, for example, an educational materials creator, for lifetime, for commercial use. An individual license is not transferable and cannot be used by anyone other than the buyer, for example, another creator or designer. A seller may, at their discretion, grant a buyer other guarantees and rights associated with an individual license.

Generally, an individual license allows:

  • Using the product associated with the individual license for non-commercial individual educational purposes, for example, creating personal educational materials for the teaching and study of the students of the buying teacher of said product.
  • Making prints and copies of downloadable products, again for individual and non-commercial educational purposes, to be used by the buying teacher’s students.
  • Creating educational materials such as exercises, worksheets, educational sequences, etc., for commercial use and containing the products purchased on Artillux, along with other original content created by the buyer. That is, the seller allows the buyer to create new and original educational materials with their clip arts for subsequent sale as downloadable products.

Generally, an individual license does NOT allow:

  • The direct resale of the original products from the sellers, in whole or in part, individually or grouped in new sets of clip arts, without including original educational content by the buyer, in the form of exercises, worksheets, educational sequences, etc. For example, a buyer cannot resell an original illustration from a seller, individually or in sets or bundles containing only other illustrations from that or another seller.

ARTILLUX WILL TRACK THE ILLEGAL RESALE OF PRODUCTS SOLD ON OUR MARKETPLACE, AS STATED IN THIS SECTION, AND WILL TAKE THE NECESSARY LEGAL MEASURES AGAINST INDIVIDUALS AND PLATFORMS THAT VIOLATE THE LEGITIMATE INTELLECTUAL PROPERTY RIGHTS AND COPYRIGHT OF OUR SELLERS

C. Notifications and Emails

By providing us with your email address, you consent to Artillux using the email address to send you notices related to the Service, including notices required by law, instead of communications by postal mail. Subject to applicable law, we may also use your email address to send you other messages, such as changes to service features and special offers (“newsletters”). We may provide other notifications, whether these notifications are required by law or are for marketing or other commercial purposes, via email notifications, mobile push notifications, written or paper notifications, or by posting such notifications on our website, as we determine in our sole discretion (in accordance with applicable law). We reserve the right to determine the form and means of providing notifications to our members. We are not responsible for any automatic filtering that you or your network provider may apply to email notifications sent to the email address you provide to us. You can manage your email preferences and notifications on the account settings page. Regarding any newsletters or other marketing initiatives, you can withdraw your consent to receive such communications and unsubscribe from such communications at any time by clicking “Unsubscribe” at the bottom of such communication or by contacting support@artillux.com. Doing so may have a material impact on our ability to provide you with our services, and we are not responsible if you choose to do so.

D. Access, Downloads, and Uploads

Artillux does not guarantee or ensure continuous and permanent access to the resources and downloadable materials of its sellers. Access to resources stored in the shops may be affected by various reasons: account cancellation, change of membership, violation of terms and conditions of use, etc. It is the responsibility of the sellers to keep backup copies of their products and downloadable resources stored on Artillux. Before uploading any product to their shop, each seller is responsible for checking for the absence of viruses, malware, or any type of dangerous code.

E. Payments, Fees, Marketplace Earnings, Payouts, and Taxes

E.1. Payments

The Artillux marketplace accepts various online payment methods, such as credit card payment or PayPal. We do not accept cash on delivery, bank transfer, or cash payments. We may change our accepted payment methods at any time and are not obligated to accept payment by any means other than those accepted at the time of your purchase. When you purchase any product for sale on Artillux, you declare and warrant that you are authorized to make the purchase and use the payment method and billing information you have provided. You also agree that Artillux may charge the amount due to your payment method, which will be in US Dollars or Euros. We are not responsible for any additional fees that may be charged by your financial institution, such as international transaction fees or overdraft fees. Failure to pay as agreed may result in late fees, account suspension or closure, removal of products and resources from your account, or any other action we deem necessary. If we receive notice that you have disputed a charge related to a purchase made from your Artillux account, we may, at our discretion, offer evidence to challenge the dispute. While the dispute is being resolved, we may temporarily remove purchased resources from your account, or if a refund is ultimately issued, permanently. At our discretion, we may take additional actions against your account.

E.2. Fees

Sales commissions represent the percentage that Artillux charges a seller on the total price of a product for sale in their shop. They are the economic consideration for the services offered to sellers in our marketplace. Artillux may change the commission percentage applied to each membership level at any time. To learn more about the fees applied in our different membership levels, see here.

E.3. Marketplace Earnings

For each sale through the Artillux marketplace, sellers earn the marketplace payout rate applicable to their membership type. Marketplace earnings are deducted from the total amount of any transaction fee that applies, according to the sales commission percentages applied to each membership type. For more information about our membership options for sellers, fees, commissions, and payout rates in our marketplace, please see our fee and payout rate policy for sellers. Unless otherwise specified, total earnings are paid out in monthly payments as described in this section.

E.4. Payouts

To issue payments, we work with third-party companies that process and transfer funds between us and our sellers. To receive payments, sellers must have an account capable of receiving payments with a supported payment service. If you have questions about the status of your payment account, please contact the payment service you use directly. If you are unable to register a payment account with any of the supported payment services, we may consider alternative means to issue payments at our discretion on a case-by-case basis. We do not guarantee the services offered by any third-party company, including current or future payment services we may support, and we are not responsible for any payment delays or other complications caused by payment services. We may, at our discretion, modify the list of supported payment services at any time, cease support for an existing payment service, or make additional payment options available. We issue monthly payments before the twentieth (20th) day of the following month after a sale is made. For example, earnings obtained by a seller on Artillux related to a sale made in the month of January will be paid as part of a monthly payment, which will be issued before February 20th. We may, at our sole discretion, withhold or delay a payment if we believe any seller is violating any of these terms. After the matter is resolved, we will either refund the associated sale(s) or make the payment. Payment services may charge transaction fees when we transfer your payments. We will deduct from your payment an amount equal to or less than the transaction fee charged to us by payment services. These transaction fees are subject to change at the discretion of payment services. We are not responsible for any additional fees or taxes you may incur from third parties related to receiving or accessing your payments.

E.5. Taxes

All information you provide in connection with a purchase or transaction, or any other monetary transaction interaction with the service, must be accurate, complete, and up to date. You agree to pay all charges incurred by your credit card, debit card, or other payment method used in connection with a purchase or transaction, or any other monetary transaction interaction with the service, at the current prices when such charges are incurred. You are fully responsible for all taxes and fees of any nature associated with the services, including any sales tax related to any purchase or sale of services or goods under these Terms and Conditions. It is the responsibility of each seller to determine if sales taxes apply to a transaction and to collect, report, and remit the correct amounts to the appropriate authority. By accepting these terms and conditions, you acknowledge and agree that Artillux is not responsible and cannot guarantee the accuracy of any other service you use to calculate or collect taxes or determine the taxability or non-taxability of any transaction. Additionally, you acknowledge and agree that when you access third-party tax services or any other third-party service, you do so at your own risk. Third-party tax services and other third-party services are not under the control of Artillux, and you acknowledge that Artillux is not responsible for the content, features, accuracy, legality, suitability, or any other aspect of such services or resources. Furthermore, you acknowledge and agree that Artillux will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use or reliance on such services, goods, or resources available on or through tax services or any other third-party service. Artillux is only responsible for taxes and tax charges associated with its own business activities, in accordance with applicable European law.

F. Intellectual Property and Copyright

Except for content uploaded or posted by members, all other aspects of the marketplace are owned by Artillux or are under our control. This includes, but is not limited to, all text, graphics, photographs, logos, and other images, videos, user interfaces, trademarks, computer code, and other content of our website. This also encompasses the design, structure, coordination, and appearance of the marketplace. Our original content is protected by copyright and other intellectual property rights.

You may not use, reproduce, copy, modify, republish, perform, display, translate, or distribute the content of our marketplace in any way to any person, computer, server, website, or other entity for commercial purposes without our explicit permission. For “commercial purposes,” we mean that you may not sell, license, rent, use in your own business or website, incorporate into marketing materials or presentations, or make any other commercial use of our content and trade dress, particularly our logo.

Regarding content, products, and resources uploaded or posted by our vendors, they are the holders of the copyright and intellectual property rights themselves. Artillux will not claim copyright or intellectual property rights over content, products, resources, or images uploaded or posted by our member vendors, as long as this does not conflict with the above paragraph.

However, we take claims of copyright infringement very seriously, both within our marketplace (e.g., regarding one Artillux vendor to another Artillux vendor) and especially infringements originating from vendors on other platforms. We will respond to notices of alleged copyright infringement that comply with applicable law.

If you believe that any product accessible on or from our services infringes your copyright, you may request the removal of those materials (or access to them) by sending a written notice to our copyright agent: copyright_agent@artillux.com.

IF YOU BELIEVE THAT ANY OF YOUR ORIGINAL PRODUCTS FOR SALE ON ARTILLUX ARE BEING RESOLD ON ANOTHER PLATFORM, WEBSITE, OR MARKETPLACE, YOU CAN SUBMIT A WRITTEN NOTICE TO OUR DESIGNATED COPYRIGHT AGENT BELOW. ARTILLUX WILL TAKE APPROPRIATE ACTIONS THAT, IN ACCORDANCE WITH THE DIGITAL MILLENNIUM COPYRIGHT ACT (US) AND THE DIRECTIVE ON COPYRIGHT IN THE DIGITAL SINGLE MARKET (EU), ALLOW THE REMOVAL OR HALT OF THE RESALE OF SUCH ORIGINAL PRODUCTS.

You can draft a notification, including all relevant and detailed information, to our copyright agent: copyright_agent@artillux.com.

G. Data Usage and Privacy

If you are a buyer purchasing a product, you acknowledge and agree that the seller will have access to purchase information, including the username you selected, along with the product you purchased and the date you acquired it, and you allow Artillux to make this information available to the corresponding seller; the seller will also have access to any other information you choose to make public on Artillux (via your public profile page), but will not have access to any credit card information. If you are a seller, you may use purchase-related information solely to make the product available to the buyer through Artillux and to provide directly related support; you may not sell any purchase-related information; and you may not retain, use, or disclose personal information for any other purpose, except as permitted by data protection laws.

We care about the privacy of our members. Click here to view our Privacy Policy. You understand that by using the services, you consent to the collection, use, and disclosure of your personal information as set forth in our Privacy Policy, and that your personal information will be collected, used, transferred, and processed as described therein. You acknowledge and agree that you are responsible for obtaining all necessary consents and for complying with all applicable laws (including privacy and data protection laws) related to the personal information provided to us in connection with your use of Artillux.

You agree to provide only tax and payment information in the specific areas of our website provided for collecting such information. You agree not to provide any other sensitive Personal Information. You agree to upload or submit any sensitive personal information to us only in connection with Artillux if necessary for billing, payment, or taxes. You agree that we have no liability or responsibility with respect to any Sensitive Personal Information processed, transmitted, disclosed, or stored in connection with the Service.

H. Storage Limits

Storage space is limited for files uploaded by sellers on the marketplace. While we will make reasonable efforts to safeguard and backup products for sale, as well as to recover a seller’s products in case of loss or deletion, Artillux is not responsible for the deletion or failure in storage or security of any product for sale on our marketplace. We reserve the right to mark or treat as “inactive” and archive Artillux member accounts that are inactive for an extended period of time, as determined by us in our sole discretion. We reserve the right to change our storage practices and rules at any time in our sole discretion, with or without prior notice to sellers.

I. Indemnification

You agree, at your sole expense and to the fullest extent permitted by law, to defend (at our request), indemnify, and hold harmless Artillux, its officers, managers, and employees, contractors, agents, officers, and directors (individually and collectively, “our parties”), from and against any claim, damage, obligation, loss, liability, cost or debt and expenses (including, but not limited to, reasonable attorney’s fees) suffered or incurred by our services by reason of any claim, demand, or proceeding (“claim”) arising out of or related to:

  • Your violation of any applicable law, rule, or regulation.
  • Your violation of any term of these Terms and Conditions or any policy (“policies” collectively refer to the License Terms, Affiliate Terms, Store Terms, Privacy Policy, and all other terms incorporated into these Terms by reference), including, without limitation, your breach of any representations and warranties provided therein.
  • Your violation of any third-party rights, including, without limitation, any privacy rights or intellectual property rights.
  • Your use and access to the Services, including any data or content transmitted or received by you.
  • Any claim or damage arising as a result of any content owned by you or any other content submitted through your account.
  • The access and use of the services by any other party with your unique username, password, or other appropriate security code.
  • The violation of any third-party rights of a product you purchase on the marketplace.
  • The resale on other internet platforms of original materials purchased on our marketplace.

If we request that you defend a claim, you will not accept any settlement without our prior written consent, and we shall have the right to participate, at our sole cost, in the defense of any claim with the advice of our own chosen attorney.

J. Disclaimer of Warranties

Artillux is constantly working to improve our services for all our users. We may update or change the functionality available at any time. We do not provide warranties to sellers or other members regarding the ability to find or search for any product offered through our marketplace. We cannot guarantee how much a seller can earn or whether a seller’s earnings progression is likely to continue in the future.

At Artillux, we work hard to ensure that our services are always available and functioning properly, but interruptions occur from time to time, and we cannot guarantee that all or each of the features will always work, or that our services will be continuously available. By accepting these Terms and Conditions, you acknowledge that the services are provided with a willingness to offer the best service and according to the conditions derived from the internet’s casuistry. Artillux, including its employees, directors, agents, and affiliates, expressly or implicitly disclaims any warranty of any kind regarding the use of our services. Although we work with the greatest dedication possible to offer the best possible service, Artillux does not offer warranties of any kind regarding the availability of the service, its security, defect and error correction, or the presence of viruses and malware.

You agree that Artillux, including its employees, directors, agents, and affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, reputation, use, data, or other intangible damages, resulting from:

  • Access, use, or the inability to access or use the service.
  • The cost of acquiring substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received, or transactions entered into through the service.
  • Unauthorized access or alteration of your transmissions or data.
  • Statements or conduct of any third party on the service.
  • Any other matter relating to the service.

Some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. These terms give you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under these terms shall not apply to the extent prohibited by applicable law.

J.1. Interactions with Other Members

Artillux offers you the possibility to communicate, interact, or connect with other members through our service. It is your responsibility to take precautions when sharing any information about yourself with another member or any other person, and you release Artillux from any liability that may arise from your interactions with another member of our service.

J.2. Products, Reviews, Communications, and Content

The products, reviews, communications, and content on our services are uploaded or published by our members. Artillux does not produce, approve, publish, or upload products, reviews, communications, and content. The content you see on our marketplace and any viewpoints, opinions, or statements presented belong to those members who posted the content and do not reflect the views or official policy of Artillux. Artillux is not responsible for the quality, accuracy, effectiveness, legality, relevance, security, or other aspects of the products, reviews, communications, and content.

J.3. Third-Party Content

While using our services, there may be links, advertisements, or other ways to visit other websites not owned by Artillux. When you access third-party websites, you do so at your own risk. Artillux is not responsible for what is offered or caused by other websites or third-party services.

J.4. Third-Party Services

Eventually, within our marketplace, you may link to other websites or use other services or resources on the internet in conjunction with our service (“third-party services”), and, in turn, third-party services may contain links to our services. When you access third-party services, you do so at your own risk and liability. Third-party services are not under the control of Artillux, and you assume that we are not responsible or liable for the content, features, accuracy, legality, relevance, or any other aspect of such third-party services. Additionally, you acknowledge and agree that we 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 the use of such content, goods, or services available on or through any third-party service.

K. Waiver of Class Actions and Arbitration

K.1. Arbitration of Disputes

For any claim, dispute, controversy, or conflict between a member of our marketplace and Artillux, related to products or services through us (hereinafter “dispute” or “disputes”), you agree to first contact Artillux at support@artillux.com to attempt to resolve the dispute amicably. We will do our best to facilitate this.

In the unlikely and unfortunate event that you cannot resolve the dispute with Artillux within sixty (60) days from contacting our support department (support@atillux.com), both parties agree to resolve the dispute solely through binding arbitration with a single arbitrator. This arbitration may be administered by:

American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes that are in effect for the AAA. You agree that the United States Federal Arbitration Act encourages the arbitration of private disputes efficiently and shall govern the interpretation and enforcement of this binding arbitration provision. The arbitrator has exclusive authority to resolve any dispute related to the interpretation, applicability, or enforceability of this binding arbitration agreement.

New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards: This international treaty establishes a framework for the recognition and enforcement of foreign arbitral awards in countries that are signatories to the convention.

UNCITRAL Model Law on International Commercial Arbitration: The United Nations Commission on International Trade Law (UNCITRAL) has developed a model law that serves as a reference for national legislation on international commercial arbitration.

EU Arbitration Directive: The EU has issued directives affecting arbitration within member states. These directives may address aspects such as the recognition and enforcement of arbitral awards in the EU.

National Legislation: Each EU member country or outside of it has its own national legislation on arbitration, which may be influenced by EU directives and the New York Convention, among other instruments.

However, if your claim is for US $10,000 or €10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephone hearing, or by an in-person hearing. If your claim is for more than US $10,000 or €10,000, at the option of either party, the arbitration shall be conducted at an in-person hearing.

We will advance the filing fees and the arbitrator’s fees and expenses, with the understanding that the arbitrator may reallocate those costs in the award.

In any arbitration, the prevailing party shall not seek to recover attorney’s fees or expenses. The award issued by the arbitrator shall be final and may be entered as a judgment in any court of competent jurisdiction. Nothing in this section shall prevent either party from seeking injunctive relief from the courts as necessary to prevent actual or threatened infringement, misappropriation, or violation of data security, intellectual property, or other proprietary rights of that party.

K.2. Waivers of Class Actions

Artillux and its members agree that all disputes shall be resolved on an individual basis and not as a plaintiff or class member in any purported class or representative action, and the arbitrator may not consolidate the disputes of more than one person. Our members understand that, by accepting these Terms and Conditions, our members and Artillux are waiving the right to a trial by jury or to participate in a class action. If it is determined that the waiver of class actions is unlawful or unenforceable for all or some parts of a dispute, then those parts shall not be subject to arbitration but shall continue in court, while the remainder shall proceed to arbitration. If it is determined that any other provision of this arbitration section is unlawful or unenforceable, that provision shall be severed, but the remainder of this section shall remain enforceable.

K.3. Opt-Out

A member of Artillux may opt-out of this arbitration agreement and waive class actions. If you choose to do so, neither the member in question nor we can compel the other to arbitrate, and after exhausting avenues to informally resolve any dispute, the claim shall be brought in court. To opt-out, you must notify us in writing no later than 30 days after becoming subject to this arbitration agreement. Your notice must include your name and address, your username, and the email address you used to set up your account, and an unequivocal statement that you wish to opt-out of this arbitration provision, all sent to support@artillux.com. You must also retain a copy of your opt-out notice.

L. Entire Agreement

These Terms (including, without limitation, the Policies and the License, and all other terms incorporated herein by reference) constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us regarding Artillux’s services. In the event of any conflict or inconsistency between any of the terms and conditions of these Terms and Conditions and any third-party software license agreement or service level agreement containing a link to the services, these Terms and Conditions shall prevail, except: the Privacy Policy shall prevail to the extent it expressly supersedes these Terms and Conditions.

M. Duration and Update of the Terms and Conditions

Artillux may make changes to these Terms and Conditions from time to time. Whenever the changes we are making may affect you, we will try to notify you before those changes take effect so you can decide whether you want to continue using our marketplace or not. To this end, we may send a message to the email address associated with your account, we may post notifications on our marketplace, or we may use other methods of communication to contact you. This includes periodic changes to our Privacy Policy, Copyright and Trademark Policy, Seller Fee and Payment Rates Policy, and any other policy that is incorporated as part of these Terms. The notification will include the date on which the changes will take effect. Continuing to use our marketplace after the changes take effect will serve as your acceptance of them.

N. Contact

Please visit our FAQ section if you have any questions about how our marketplace operates, about these Terms, your account, or billing matters. You can also contact us via email at support@artillux.com.