Terms of Service

New Art Day Terms of Service

Last Updated: November 13, 2025

Introduction

Welcome to New Art Day, a platform dedicated to celebrating and assisting artists worldwide in selling their artworks to art enthusiasts. By accessing or using our website and services, you agree to be bound by these Terms of Use (“Terms”). If you do not agree with any part of these Terms, you must not use our services.

Obligation

WebIncentive LLC (“New Art Day,” “we,” or “our”) provides a service for viewing, selling, and purchasing original works of art and commercially exploiting digital images of works of art through our website accessible at www.newartday.com (the “Site”) along with any services, software, tools, features, or functionality made available by New Art Day (each a “Service” and collectively the “Services”). Please read these Terms and our Privacy Policy carefully, which can be found at www.newartday.com/privacy (the “Privacy Policy”). These Terms, the Privacy Policy, and any other policies referenced herein govern your access to and use of the Services and constitute a binding legal agreement between you and New Art Day.

BY ACCESSING OR USING THE SERVICES, SELLING OR PURCHASING AN ARTWORK THROUGH THE SERVICES, OR POSTING ANY CONTENT ON THE SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS WHETHER OR NOT YOU HAVE REGISTERED WITH THE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND THE PRIVACY POLICY, YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms on behalf of a third party, you represent and warrant that you have the authority to bind that third party to these Terms, and in such event, “you” and “your” will refer to and apply to that third party.

Modifications to these Terms

New Art Day reserves the right, at its sole discretion, to modify, discontinue, or terminate the Services or to modify these Terms at any time and without prior notice. If we modify these Terms, we will post the modification on the Services or provide you with notice of the modification. We will also update the “Last Updated Date.” By continuing to access or use the Services after we have posted a modification or provided you with notice, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.

Modifications to the Services

We reserve the right to change the URL, modify or discontinue, and restrict or block access to the Services without notice. We may modify or remove any Original Works of Art, Digital Works, or Member Content from the Services at any time without notice, including the removal of any works of art or content we believe to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

Occasionally, there may be information on the Services that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice. We undertake no obligation to update, amend, or clarify information in the Services except as required by applicable local or international laws, regulations, or statutes. No specified update or refresh date applied to the Services should be taken to indicate that all information on the Services has been modified or updated.

Eligibility

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

Account Registration

To list a work on the Services or make a purchase through the Services, you must first create an account (“Account”) by completing our registration process. During the registration process, you will be required to provide certain information and establish a username and password. Upon completing our registration process, you will become a “Member” or a “Buyer.” You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. New Art Day reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete. You are responsible for safeguarding your password and agree not to disclose it to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify New Art Day of any unauthorized use of your Account.

Privacy

See New Art Day’s Privacy Policy at www.newartday.com/privacy for information and notices concerning New Art Day’s collection and use of your personal information.

SELLER TERMS AND CONDITIONS

Listing Works on the Services

As a Member, you may submit listings for original works of art (“Original Works of Art”) that you have created and desire to sell through the Services. You may not submit listings for Original Works of Art created by another artist. As a Member, you may also submit listings for digital images of works of art (“Digital Works”) that you have created and wish to commercially exploit through the Services. You may not submit listings for Digital Works created by another artist. To have your listings accepted, you must provide New Art Day with all the requested information and comply with any other New Art Day requirements identified to you. If you submit listings for sale, you may be required to verify your identity by providing New Art Day with a copy of a government-issued ID, tax identification, VAT ID, or similar documentation. Your listings must be accurate and complete and comply with New Art Day’s then-current listings content guidelines, which are available at www.newartday.com/guidelines. New Art Day reserves the right to edit any listings to ensure compliance with these guidelines. You acknowledge that your listings may not be immediately searchable by keyword or category for several hours (or up to 24 hours or more in some circumstances). The placement of your listings in search and browse results may be based on factors including, without limitation, title, keywords, and price.

New Art Day reserves the right to promote and market Original Works of Art and/or Digital Works through the use of sales and/or discounts. The sale or discount amount will apply to the listing price of Original Works of Art and/or Printed Works (defined below) related to the Digital Works. You retain the right to remove a listing for an Original Work of Art or Digital Work from the Services—see below for instructions.

To remove a listing for an Original Work of Art or Digital Work from the Services, go to your account, click on the image you want to delete, then click on Delete and follow the steps on that page.

Responsibility for Works

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Services. Accordingly, you represent and warrant that: (i) as to Original Works of Art that you make available through the Services, you are the creator of all such Original Works of Art and the sole and exclusive owner of all such Original Works of Art; (ii) as to Digital Works that you make available through the Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents, and releases necessary to grant New Art Day the rights in such Digital Works as contemplated under these Terms; and (iii) neither the Original Works of Art nor Digital Works that you make available through the Services, nor New Art Day’s use and exploitation thereof as contemplated under these Terms, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

Online Sales

NEW ART DAY FACILITATES THE SALE OF ARTWORKS DIRECTLY BETWEEN ARTISTS AND BUYERS AND DOES NOT CHARGE ANY COMMISSION ON SALES. WE ARE NOT DIRECTLY INVOLVED IN THE TRANSACTIONS, AND THE CONTRACT OF SALE IS BETWEEN THE ARTIST AND THE BUYER. THEREFORE, WE ARE NOT RESPONSIBLE FOR ANY DISPUTES ARISING FROM THESE TRANSACTIONS.

If you submit listings for Original Works of Art, you are selling such Original Works of Art through the Services and on third-party websites and sales channels (collectively “Online Sales”), and you grant New Art Day a worldwide, transferable, non-exclusive right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform, and publicly display copies of the Original Work of Art sales via the Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of the Original Work of Art in any form, medium, or technology now known or later developed for the purpose of promoting New Art Day and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis.

If you submit listings for Digital Works, you grant New Art Day a worldwide, transferable, non-exclusive right and license, with a right to sublicense, to: (i) use, modify, reproduce, distribute, publicly perform, and publicly display the Digital Works to Members and other third parties via Online Sales and through other offline channels (“Offline Sales”); and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit, and broadcast copies of the Digital Works in any form, medium, or technology now known or later developed for the purpose of promoting New Art Day and the Services. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis.

For Original Works of Art only, New Art Day will provide you with the name and address of the purchaser. Unless otherwise instructed in writing by New Art Day, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser. You agree to determine the shipping timeframe for the purchased Original Work of Art with the purchaser following the date of purchase (the “Shipping Period”). Please note that if you do not ship the purchased Original Work of Art to the purchaser before the expiration of the agreed Shipping Period, the sale may be cancelled. You are responsible for providing accurate shipping weight, dimensions, and address to New Art Day.

BUYER TERMS AND CONDITIONS

Purchases of Original Works of Art

As a Buyer, you may purchase Original Works of Art listed by Artists on the Services. When you purchase an Original Work of Art through the Services, you are purchasing the work from the Member identified on the listing for such work and not from New Art Day. Prices for Original Works of Art will be as specified on the applicable listing. You acknowledge that prices do not include shipping and handling charges (unless specifically indicated on the Site) or applicable Taxes, including VAT, if any, for which you are responsible and which will be separately identified on your receipt. The Artist and/or its third-party service providers will collect your billing and shipping information and process your payment. Certain Original Works of Art (including but not limited to oversized works and sculptures) may require additional shipping and handling charges and special arrangements. The Artist identified on the listing of the Original Work of Art will ship the purchased work directly to you. The terms and conditions of New Art Day’s then-current Return Policy apply to any Original Works of Art you purchase through the Services.

Order Cancellations

New Art Day reserves the right to cancel any order for an Original Work of Art or Printed Work placed via the Services if New Art Day determines, in its reasonable discretion, that the item is mispriced, out of stock, discontinued, or otherwise unavailable at the price listed via the Services. If New Art Day cancels an order placed via the Services, New Art Day will send you an email confirmation of such cancellation, and you will not be charged for your order.

Taxes

All prices, fees, and other amounts referred to in these Terms, including any prices and fees set forth on the Services, are stated in Euros and do not include any sales, use, value added (“VAT”), goods and services taxes (“GST”), or similar taxes, withholding taxes, or any customs duties or tariffs that may be assessed by any governmental tax authority or that are otherwise payable under applicable law with respect to the purchase, sale, and licensing transactions contemplated hereunder (collectively “Taxes”). Sellers must fill out appropriate tax forms before any amounts are paid according to local regulations.

If you are a Buyer of Original Works of Art, you acknowledge that Taxes, including VAT, will be added to the amounts charged when required or when allowed to do so. Each party will be responsible for complying with any and all obligations imposed on it under applicable law with respect to the collection and payment of any Taxes, including VAT. Each party will cooperate with the other party and furnish the other party with any customary written documentation or forms required under applicable law to enable the other party to comply with such obligations or to exercise any rights available under applicable law to minimize or to qualify for an exemption from any such obligations.

Colour

You understand and agree that New Art Day uses commercially reasonable efforts to display the colours of Original Works of Art, Digital Works, and Printed Works accurately via the Services. However, because individual computer monitors may display colours differently, New Art Day is not responsible for the colour accuracy of any Original Works of Art or Digital Works displayed on the Services and disclaims all liability in this regard.

Member Content

In addition to submitting listings for Original Works of Art and Digital Works, New Art Day may, in its sole discretion, designate areas of the Services in which Members can post, upload, publish, or submit text, graphics, audio, video, images of works of art, or other content on or to the Services (individually or collectively “Member Content”). “Member Content” excludes any images of Original Works of Art or Digital Works for which a Member submits a listing as described under “Seller Terms and Conditions” above. New Art Day does not claim any ownership rights in any such Member Content, and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content. By making available any Member Content on or through the Services, (i) you grant New Art Day a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast, and transmit such Member Content on or through the Services in any form, medium, or technology now known or later developed for the purpose of promoting New Art Day and the Services, and (ii) you grant directly to other users the right and license to view your Member Content on or through the Services only in connection with such Member’s authorized use of the Services. You reserve all other rights and licenses in and to any Member Content that you make available on or through the Services.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Services. You represent and warrant that: (i) you are the sole and exclusive owner of all Member Content that you make available on or through the Services or that you have all rights, licenses, consents, and releases necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and (ii) neither the Member Content, your making available any Member Content on the Services, nor any use of any Member Content as permitted under these Terms will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights or rights of publicity or privacy or result in the violation of any applicable law or regulation.

General Prohibitions

You agree not to do any of the following:

• Post, upload, publish, submit, or transmit any text, graphics, images, software, music, audio, video, information, or other material that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy, intellectual property rights, or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading, or deceptive; (iv) is defamatory, obscene, pornographic, vulgar, or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products, or substances.
• Use, display, mirror, or frame the Services, or any individual element within the Services, New Art Day’s name, any New Art Day trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without New Art Day’s express written consent;
• Access, tamper with, or use non-public areas of the Services, New Art Day’s computer systems or network, or the technical delivery systems of New Art Day’s providers;
• Attempt to probe, scan, or test the vulnerability of any New Art Day system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by New Art Day or any of New Art Day’s providers or any other third party (including another user) to protect Services, New Art Day Content, or Member Content;
• Attempt to access or search Services, New Art Day Content, or Member Content or download New Art Day Content or Member Content from the Services through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by New Art Day or other generally available third party web browsers;
• Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other form of solicitation;
• Use any meta tags or other hidden text or metadata utilizing a New Art Day trademark, logo, URL, or product name without New Art Day’s express written consent;
• Use Services, New Art Day Content, or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use Services, New Art Day Content, or Member Content to send altered, deceptive, or false source-identifying information;
• Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services, New Art Day Content, or Member Content;
• Interfere with, or attempt to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
• Impersonate or misrepresent your affiliation with any person or entity;
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

New Art Day will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. New Art Day may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that New Art Day has no obligation to monitor your access to or use of the Services or to remove any Member Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. New Art Day reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, or any other text, graphics, images, software, music, audio, video, information, or other content or material that New Art Day, at its sole discretion, considers to be objectionable, in violation of these Terms, or otherwise harmful to the Services.

ADDITIONAL TERMS AND CONDITIONS

Sweepstakes and Contests

New Art Day may operate sweepstakes, contests, and similar promotions (collectively, “Promotions”) through the Services. You should carefully review the rules (e.g., the “Official Rules”) of each Promotion in which you participate through the Services, as they may contain additional important information about New Art Day’s rights to and ownership of the submissions you make as part of the Promotions and as a result of your participation in such Promotions. To the extent that the terms and conditions of any Official Rules conflict with these Terms, the terms and conditions of the Official Rules will control.

New Art Day’s Intellectual Property

The Services and New Art Day Content are protected by copyright, trademark, and other laws of the European Community, USA, and foreign countries. Except as expressly provided in these Terms, New Art Day and its licensors exclusively own all right, title, and interest in and to the Services and New Art Day Content, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or New Art Day Content.

Copyright Policy

By uploading your artwork to New Art Day, you agree to the following terms of image usage:

• Originality: You will only upload artworks that you have personally created for sale.
• Permissions: You have obtained all necessary releases or authorizations for any likenesses used as references in your original artwork.

New Art Day reserves the right, at its sole discretion, to disable or terminate the accounts of users who repeatedly infringe or are repeatedly accused of infringing on the copyrights or other intellectual property rights of others.

Intellectual Property Rights

Purchasing an original artwork through New Art Day does not transfer intellectual property rights to the buyer. New Art Day does not offer services that formally transfer copyright or any other intellectual property rights of the artworks sold on our platform.

Buyers are prohibited from using the purchased artwork for any commercial purposes.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that New Art Day is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by New Art Day of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Termination and Account Cancellation

If you breach any of these Terms, New Art Day will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. New Art Day reserves the right to revoke your access to and use of the Services, New Art Day Content, and Member Content at any time, with or without cause. In the event New Art Day terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time by sending an email to support@newartday.com.

Mobile Services and Applications

“Mobile Services” means certain software and services that are available via a mobile device, including: (i) the ability to upload data to the Services via a mobile device; (ii) the ability to use the Services from a mobile device; and (iii) the ability to access certain features through a Mobile Application downloaded from the Services and installed on a mobile device.

Wireless Carriers. To the extent you access the Mobile Services through a mobile device, your wireless carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

Notifications and Messages. By using the Mobile Services, you agree that we may communicate with you regarding New Art Day and other entities by SMS, text message, or other electronic means to your mobile device for the purpose of providing the applicable service and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Account information to ensure that your messages are not sent to the person that acquires your old number. In the event that you fail to comply with the obligation to promptly update your Account information when changing or deactivating your mobile telephone number, you accept full responsibility for any of your messages, which may not be delivered or may be sent to the person that acquires your old number.

Membership plans and fees

New Art Day charges members monthly or annual fees for access to the Services, based on different levels of membership plans. The membership plans are described here: www.newartday.com/memberfees. However, under no circumstances will you be charged for access to the Services unless we obtain your prior agreement to pay such charges. You may cancel your Account at any time; however, you agree that all paid fees are due until the next renewal date—i.e., for monthly fees, until the end of the current month of cancellation, and for annual fees, until the end of the current year of cancellation.

Changes

We reserve the right, with or without prior notice, to: change descriptions or references to artworks, products, subscriptions, software, or services; limit the available quantity of any artworks, products, subscriptions, software, or services; honour, or refuse to honour, any coupon, coupon code, promotional code, or other similar promotions; and/or refuse to provide any user of the Services with any products, subscriptions, software, or services. We may modify any points, rewards, or the terms that govern their usage, at our sole discretion, and such modifications may make the points or rewards more or less common, valuable, effective, or functional.

Disclaimers

THE SERVICES, NEW ART DAY CONTENT, AND MEMBER CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, NEW ART DAY EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. NEW ART DAY MAKES NO WARRANTY THAT THE SITE, SERVICES, NEW ART DAY CONTENT, OR MEMBER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. NEW ART DAY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY WORKS, SERVICES, CONTENT, OR PRODUCTS PURCHASED OR OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NEW ART DAY OR THROUGH THE SITE OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NO ACTION SHOULD BE TAKEN OR PURCHASE MADE BASED UPON ANY OF THE INFORMATION CONTAINED IN THE SERVICES. YOU SHOULD SEEK INDEPENDENT ADVICE FROM A PROFESSIONAL AND/OR A PERSON WHO IS KNOWLEDGEABLE IN THE APPLICABLE AREA BEFORE ACTING UPON ANY OPINION, ADVICE, OR INFORMATION CONTAINED IN THE SERVICES.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, NEW ART DAY DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICES, NOR DOES NEW ART DAY MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICES. NEW ART DAY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS OR USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold New Art Day, its officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services, New Art Day Content, or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Services, New Art Day Content, and Member Content remains with you. Neither New Art Day nor any other party involved in creating, producing, or delivering the Services, New Art Day Content, or Member Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage, or system failure, or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the Services, New Art Day Content, or Member Content, or from any communications, interactions, or meetings with other Members or users of the Services or other persons with whom you communicate or interact as a result of your use of the Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not New Art Day has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names, and any other proprietary designations of New Art Day used herein are trademarks or registered trademarks of New Art Day or its licensors. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

RESOLUTION OF DISPUTES

Governing Law and Jurisdiction

These Terms will be governed by the laws of Switzerland, without regard to conflict of law provisions. You and we expressly agree that any claim or dispute must be resolved exclusively by a court or arbitration located in Lausanne, Switzerland, except as described in the Agreement to Arbitrate below or as otherwise mutually agreed by the parties.

Informal Resolution

It is our goal that the Services meet your expectations and provide excellent service. However, there may be instances when you feel that we have made a mistake or left you disappointed in some way. In those instances, we are committed to working with you to reach a reasonable resolution that satisfies you; however, we can only do this if we know about and understand your concern. Therefore, for any problem or dispute that you may have with us, you acknowledge and agree that you will, as an initial matter, email us at support@newartday.com to describe to us the nature of your complaint or dissatisfaction. This should lead to resolution, but if for some reason your problem or dispute is not resolved satisfactorily within thirty (30) days after our receipt of your written description of it, you agree to the further dispute resolution provisions below. To the extent permitted by applicable law, the informal resolution process described in this paragraph is a precondition to pursuing any other process, so please do not forget to contact us first.

Mutual Agreement to Arbitrate

PLEASE READ THIS AGREEMENT TO ARBITRATE CAREFULLY TO UNDERSTAND YOUR RIGHTS. BY ELECTING ARBITRATION, YOU AND WE AGREE TO ARBITRATE ANY CLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, UNLESS YOU OPT-OUT. YOU AND WE AGREE THAT ALL SUCH CLAIMS WILL BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT AS A PROPOSED CLASS ACTION. WHETHER OR NOT YOU OPT-OUT, HOWEVER, YOU ARE GIVING UP A RIGHT TO A TRIAL BY JURY. YOU AND WE UNDERSTAND THAT DISCOVERY AND APPEAL RIGHTS ARE MORE LIMITED IN ARBITRATION.

The arbitrator, and not any other court or agency, WILL have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of THESE TERMS AND this Agreement to arbitrate, including but not limited to, any claim that all or any part of THESE TERMS OR this Agreement to Arbitrate is void or voidable.

You and we agree that, except as expressly set forth below, the sole and exclusive forum and remedy for any and all disputes and claims that cannot be resolved informally and that relate in any way to or arise out of your use of the Services and these Terms or to any products or services sold or distributed through the Services, will be final and binding arbitration, except to the extent that either party has, in any manner, infringed upon or violated, or threatened to infringe upon or violate, the rights of either party or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights or is seeking to vindicate public rights, in which case both sides acknowledge that arbitration is not an adequate remedy and that injunctive or other appropriate relief may be sought by either party and/or the applicable third party(ies) on an individual basis in a court located in Lausanne, Switzerland. As a limited exception to this mutual Agreement to Arbitrate, you and we agree that either party may take claims to small claims court, if the claims qualify for hearing by such court.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent.

Any controversy or claim arising out of or relating to these Terms, or the breach thereof, will be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Expedited Procedures (“ICDR Expedited Procedures”). The arbitration will be decided by a sole arbitrator appointed in accordance with the ICDR Expedited Procedures.

Means and Fees

In the interest of efficiency and fairness, you and we agree that the arbitration proceeding will be based solely on written submissions, unless the arbitrator deems an oral hearing strictly necessary. Should the arbitrator deem an oral hearing to be necessary, such hearing will be conducted via telephone or other electronic or technical means, or if that’s not possible, in person in the jurisdiction where you reside or at another mutually agreed upon location. The language of the arbitration will be English or the official language of your jurisdiction. The arbitrator’s award will be final and binding, and judgment may be entered upon it by any court having jurisdiction thereof. Each party will have the right to use legal counsel in connection with arbitration at its own expense. We are not responsible for reimbursing you for costs incurred by you for legal counsel, travel or other out-of-pocket costs or expenses. We will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.

Waiver of Trial by Judge or Jury

YOU AND WE AGREE AND UNDERSTAND THAT BY USING ARBITRATION TO RESOLVE DISPUTES YOU AND WE ARE GIVING UP ANY RIGHT THAT YOU OR WE MAY HAVE TO A JUDGE OR JURY TRIAL WITH REGARD TO ALL CLAIMS SUBJECT TO THIS AGREEMENT TO ARBITRATE. YOU AND WE FURTHER AGREE THAT ANY CLAIM HEARD IN A COURT OF COMPETENT JURISDICTION WILL BE HEARD BY A JUDGE INSTEAD OF A JURY, EXCEPT WHERE A JURY TRIAL WAIVER IS NOT PERMISSIBLE UNDER APPLICABLE LAW.

Limitation of Actions

You and we agree that regardless of any statute or law to the contrary, any claim of cause of action arising from or relating to use of the Services, or these Terms must be filed within one (1) year after such claim or cause of action arose, or will be forever barred. The Services are controlled and operated by New Art Day from Switzerland. We do not represent or warrant that the Services, or any part thereof, are appropriate or available for use in any particular jurisdiction. Those who choose to access the Services, do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction that we choose, at any time and in our sole discretion.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between New Art Day and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between New Art Day and you regarding the Services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without New Art Day’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. New Art Day may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by New Art Day via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of New Art Day to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of New Art Day. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

Contacting New Art Day

If you have any questions about these Terms, please contact New Art Day at support@newartday.com.

If you have a complaint, you may contact us at:

WebIncentive LLC
Attn: Legal Department
Chemin de la Brume 2
CH-1110 Morges
Switzerland

support@newartday.com