Terms of Use

Last Updated September 10th, 2024

By using Art Cup Advertising products and services (the “Company”) as well as using the website (https://artcupadvertising.com), including any other family of Websites including without limitation (collectively, the “Site”), you agree to follow and be bound by these terms of use (“Terms of Use”), and the Privacy Policy and Full Disclaimer, which are hereby incorporated into these Terms of Use. In these Terms of Use, the words “you” and “your” refer to each purchasing customer and Site visitor or user, “we”, “us” and “our” refer to the Site and the Company, and “Products” and “Services” refers to all products services provided by us.

We may revise these Terms of Use at any time without notice to you. It is your responsibility to review these Terms of Use periodically. If at any time you find these Terms of Use unacceptable or if you do not agree to these Terms of Use, please do not use our products, services, or Site. If you have any questions about these Terms of Use, please contact us at support@artcupadvertising.com

BY USING THE PRODUCTS, SERVICES AND SITE, AS WELL AS ANY OFFERINGS AVAILABLE ON THIS SITE, YOU GIVE YOUR CONSENT THAT ALL PERSONAL DATA THAT YOU SUBMIT MAY BE PROCESSED BY US IN THE MANNER AND FOR THE PURPOSES DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE OUR PRODUCTS, SERVICES AND SITE.

Ownership. This Site is owned and operated by the Company. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned or licensed either by the Company or by our respective third party authors, developers or vendors. Except as may be expressly stated on the Site or in these Terms of Use, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of the Company’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Contact Information” below if you have any questions about obtaining such licenses. The Company does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by the Site. Any rights not expressly granted herein are reserved by the Company.

Use of Materials. Any unauthorized use of any Materials contained on this Site, or any unauthorized use of any of the company’s products and services, may violate copyright laws, trademark laws, laws of privacy and publicity, communications regulations and statutes as well as other rights, laws, rules, regulations and statutes.

Links to Third Party Sites. The products, services and Site may contain links to Web sites controlled by parties other than the Site (each a “Third Party Site”). The Company may work with a number of partners and affiliates whose sites are linked with the Site. Both the Company and the Site are not responsible for and do not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any Site accessed from a Third Party Site, or any changes or updates to such sites. The Company makes no guarantees about the content or quality of the products or services provided by such sites. The Company is not responsible for webcasting or any other form of transmission received from any Third Party Site. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Third Party Site. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that neither the Company nor the Site are responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.

Third parties SHOULD have their own Privacy Policies and Terms of Use, which can be found on their websites. Please be advised that we cannot influence their Cookie Policy, Privacy Policy and/or Terms of Use, nor can we influence third party placement of cookies. These cookies are beyond the Privacy Policy of the Company. The Company and the Site should not be held liable in the event that third party companies and sites lack any terms of use, privacy policy or all other disclaimers or agreements.

Our Limited License to You. This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

Your License to Us. By posting or submitting any material (including, without limitation, comments, blog entries, Facebook postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to COMPANY from their creation. Thus, COMPANY shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as COMPANY determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to COMPANY all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

You acknowledge that COMPANY has the right but not the obligation to use and display any postings or contributions of any kind and that COMPANY may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

The Company has the right, in our sole and absolute discretion, to (i) edit, redact or otherwise change any User Content, (ii) re-categorize any User Content to place it in a more appropriate location or (iii) pre-screen or delete any User Content that is determined to be inappropriate or otherwise in violation of these Terms of Use, including but not limited to User Content containing offensive language and advertisements.

You are legally and ethically responsible for any User Content – writings, files, pictures or any other work that you post or transmit using any service of the Site that allows interaction or dissemination of information. In posting User Content, you are responsible for honoring the rights of others, including intellectual-property rights (copyright, patent and trademark), the right to privacy and the right not to be libeled or slandered. For example, if you wish to post a copyrighted work as User Content, you are responsible for first obtaining the copyright holder’s permission.

The posting of User Content for any illegal activity under the laws of the State of New York and the United States is a violation of these Terms of Use. Since the law as to jurisdiction of online systems is unsettled, we urge you to consider the possible effect of laws outside the Company’s locality or your own residence. The Company is open to members worldwide (and works published on the World Wide Web, Usenet or other such services are accessible to anyone on the Internet), and the Company cannot guarantee that you will not run into legal trouble in other jurisdictions over your posting. You agree not use the Company and Site in any way that could damage, disable, or impair any Services provided by the Company (or the network(s) connected to the Site), violate the privacy and security of other users, or interfere with any user, partner or affiliate’s use and enjoyment of any of the products, services and Site. You agree not to attempt to gain unauthorized access to any services offered on the Site, other accounts, computer systems or networks connected to the Site, through hacking, password mining or any other means. You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company or the Site.

Partnerships: Roles and Expectations from both partners and advertisers

The Company has a partnership program that allows non-paying companies, clubs, groups, charitable organizations, schools, towns, municipalities and much more to partner with the Company (for the purpose of this terms of use and for simplicity purposes to avoid confusion, the partners described in this sentence will be referred to as a beneficiary). A beneficiary’s main goal in partnering with us is to monetarily fund any goal they may have. For example, a school may want to raise funding to help fund school initiatives for their students, a charitable organization may want to raise funding to donate money for the cause(s) they support, and so forth. The Company will pay the beneficiary directly out of their own profits. In exchange, the beneficiary agrees to promote the Company and any of the Company’s customers (paid advertisers who purchases the Company’s cups and products) to all individuals they are connected to (followers, members, board members, affiliates, etc.). For example, if the Company agrees to financially support a school event or initiative, the school (also known as a beneficiary for the purpose of this terms of use) will agree to promote the Company and any advertiser the Company provides to them to all parents of current students, faculty members, alumni, etc. There may be individual agreements made separately with each individual beneficiary that goes over these details more in depth, however, if no individual agreement exist between the Company and the beneficiary, the terms listed here will apply.

For Paid Advertisers: While this partnership program is made to further promote the products and services of our advertising customers (companies who purchase or cups and other products), it is done on a “as-available” basis. The Company cannot make any guarantee that you will indeed get paired up with a suitable beneficiary, and the Company cannot make any guarantee you will be paired up with a suitable beneficiary on a consistent basis. The Company also has no control on whether the members/affiliates/following of the beneficiary will indeed contact you for your products/services, therefore, we cannot make any guarantee that any pairing with a beneficiary will lead to new customers for your company. The Company and the Site should not be held liable in the event that a beneficiary or any third party does something or is accused of doing something illegal, immoral or in other words frowned upon in the eyes of the general public. You agree to have a beneficiary promote your products/services at your own risk.

For Partners (also known as “beneficiaries” for the sole purpose of this terms of use): The Company makes no guarantees that you will be given funding for any and every project, event or initiative you may have. Funding opportunities will only be given by the Company on a “as-available” basis. The Company and the Site should not be held liable in the event that an advertiser or multiple advertisers given to you does something or is accused of doing something illegal, immoral or in other words frowned upon in the eyes of the general public. You agree to promote the Company and its advertising customers we give you at your own risk.

Disclaimers

Throughout the Site as well as in person suggestions, we may provide links and pointers to Internet sites maintained by third parties. Our linking to such third-party sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not COMPANY. Neither COMPANY nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, COMPANY neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized COMPANY representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless COMPANY and its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE COMPANY’S PRODUCTS, SERVICES AND THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER, AFFILAITE OR CUSTOMER. IF YOU ARE DISSATISFIED WITH THE COMPANY, THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THE SITE, PRODUCTS AND SERVICES ARE CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

NEITHER COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE.

THE PRODUCTS, SERVICES, EDUCATION AND INFORMATION PRESENTED HEREIN IS INTENDED FOR A GENERAL AUDIENCE AND DOES NOT PURPORT TO BE, NOR SHOULD IT BE CONSTRUED AS, SPECIFIC ADVICE TAILORED TO ANY INDIVIDUAL. YOU ARE ENCOURAGED TO DISCUSS ANY OPPORTUNITIES WITH YOUR ATTORNEY, ACCOUNTANT, FINANCIAL PROFESSIONAL OR OTHER ADVISOR.

The information portrayed on the site (including but not limited to content in any format) is based on sources and information reasonably believed to be accurate as of the time it was recorded or created. However, this material deals with topics that are constantly changing and are subject to ongoing changes related to technology and the market place as well as legal and related compliance issues. Therefore, the completeness and current accuracy of the materials cannot be guaranteed. These materials do not constitute legal, compliance, financial, tax, accounting, or related advice.

The end user of this information should therefore use the contents of this program and the materials as a general guideline and not as the ultimate source of current information and when appropriate the user should consult their own legal, accounting or other advisors.

Any case studies, examples, statistics and illustrations cannot guarantee that the user will achieve similar results. In fact, your results may vary significantly and factors such as your market, location, personal effort and many other circumstances may and will cause results to vary.

THE INFORMATION, PRODUCTS AND SERVICES PROVIDED IS SOLD AND PROVIDED ON AN “AS IS” BASIS. COMPANY DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE INFORMATION CONTAINED HEREIN. THOSE RESULTS ARE YOUR RESPONSIBILITY AS THE END USER OF THE PRODUCT. (SOME STATES DO NOT ALLOW LIMITED WARRANTIES, SO THIS MAY NOT APPLY TO YOU.) IN PARTICULAR, COMPANY SHALL NOT BE LIABLE TO USER OR ANY OTHER PARTY FOR ANY DAMAGES, OR COSTS, OF ANY CHARACTER INCLUDING BUT NOT LIMITED TO DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR OTHER COSTS OR DAMAGES, IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR SERVICES. THESE LIMITATIONS MAY BE AFFECTED BY THE LAWS OF PARTICULAR STATES AND YOUR USE OF THE PRODUCTS, SERVICES AND INFORMATION CONTAINED HEREIN IS AT YOUR OWN RISK. THE PRODUCTS, SERVICES AND CONTENT IS PROVIDED ‘AS IS’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. COMPANY DOES NOT PROMISE OR GUARANTEE ANY INCOME OR PARTICULAR RESULT FROM YOUR USE OF THE PRODUCTS, SERVICES AND INFORMATION CONTAINED HEREIN. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION CONTAINED HEREIN.

COMPANY WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF COMPANY TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO COMPANY FOR THE INFORMATION, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON THE INFORMATION CONTAINED HEREIN. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT CONTAINED HEREIN. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE OR OTHER CONTENT.

We have the right to:

Remove or refuse to post any User Content for any or no reason in our sole discretion, which includes designs created by you for the purpose of advertising
Take any action with respect to any User Content and designs that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for the Company.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the company and its products, services and Site.
Terminate or suspend your access to all or part of the company’s products, services and Site for any reason or no reason, including without limitation, due to payment disputes, or any violation of these Terms of Use.

Children. We do not knowingly collect any personal information from visitors or users of our site who are under the age of 13. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our privacy policy by instructing their children to never provide personal information through the Internet without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Refund Policy

Our refund policy is created in a way that is fair to all parties involved (us, you the purchaser and everybody involved with ensuring your order is fulfilled). Here's how it works:

Before Payment: We electronically create the design(s) that will be placed on the disposable cups in your order before any payment is made. This includes art work, logos, QR codes or any other feature that can be included on each individual cup in your order. We do this before any payment is accepted to ensure you are satisfied with the design(s) and to avoid any form of disappointment in art work creation. If you create the design(s) yourself, we (the company) will ask you to send the design(s) over to us, and we will then show you how your design(s) look on our product(s) digitally before any payment has been made.
After Payment: When it is time to place an order, we will send you a Statement of Work (SOW), an retainer or an agreement of some sort explicitly showing you the art design, also asking for your acceptance of our terms of use and privacy policy. It will also show the quantity you will order and the price. You will be expected to initial, sign (or both) as proof that you acknowledge and approve the design and the order. A subsequent invoice for the order will be sent over by text or email (or both) shortly after. Once the SOW, retainer or agreement has been initialed or signed (or both), and once the invoice has been paid, we will begin fulfilling your order immediately which includes printing, logistics, etc. Due to the custom nature of our products and services and the immediate costs associated with production and logistics, all sales are final upon payment and we are unable to offer refunds.
Order Modifications: We understand that changes may occur. If you need to modify your order, please contact us immediately at connectwithus@artcupads.com. While we cannot guarantee changes, we will do our best to accommodate any requests that are made before the printing process has started (if possible). The existence of a modification request that we cannot accommodate does not create ground for a refund. The refund policy stays intact after payment is made regardless if or if not a modification can be executed by our team.
Order Fulfillment Timing: The turnaround time for the printing, delivery, and setup of your advertising products can vary depending on the specifics of your order, including but not limited to the desired cup quantity, design requirements, current production schedules, cup availability and location of desired neighborhood for cups to be place. Typically, the entire process takes between 5-6 weeks, although it is possible for the production and our setup and delivery services to take longer. One million cup quantity orders will definitely take longer and will be discussed with you explicitly before payment is made. In the event your order is projected to pass 6 weeks for any reason, we will communicate this to you and keep you informed with any updates, however, exceeding any turnaround time does not create grounds for a refund. The refund policy stays intact after payment is made regardless of any delays.

We appreciate your understanding and patience. Our team is committed to delivering a high-quality product, and we will keep you informed throughout the process. If you have any concerns or questions regarding your order’s status, please contact us at connectwithus@artcupads.com and we will be happy to assist you.

Termination

We may cancel or terminate your right to use our products, services and Site, as well as and sign agreement by us and you at any time without notice (except in sign agreements where it explicitly states a notice is needed). In the event of cancellation or termination, you are no longer authorized to access and use the part of the products, services and Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive.

Digital Millennium Copyright Act

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. COMPANY’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: by the following email: support@artcupadvertsing.com.

Assignment

This Agreement shall be binding upon and inure to the benefit of COMPANY and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of COMPANY. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by COMPANY to any affiliated entity or any of its wholly owned subsidiaries.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and any dispute shall be subject to binding arbitration in New York City, NY. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The dispute resolution clause applies to all other terms and condition documents and agreements seen on the Company’s site that you and every other user must agree to in order to use the Company’s products and services, including but not limited to the affiliate agreement.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration. The clause applies to all other terms and condition documents and agreements seen on the Company’s site that you and every other user must agree to in order to use the Company’s products and services, including but not limited to the affiliate agreement.

Severability

If any clause within the Terms of Service (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from the Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.

Trademarks. The Company’s name, the Site, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of the Company. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

Acknowledgement. BY USING THE COMPANY’S SERVICES OR ACCESSING THE COMPANY’S SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

Contact. If you have any questions about these Terms of Use, the practices of the Site, or your dealings with the Site, you can contact us at support@artcupadvertising.com