Terms and Conditions
Welcome to Art Prompts!
These are the Terms of Service for:
- Art Prompts App (Android version – Available on Google Play)
The following Terms of Service apply to the application and services offered by Art Prompts. This includes the mobile and tablet versions as well as any other version of Art Prompts accessible via desktop, mobile, tablet, social media or other devices.
READ THESE TERMS OF SERVICE CAREFULLY BEFORE DOWNLOADING, USING OR OBTAINING ANY PRODUCT, INFORMATION OR SERVICE FROM THE “ART PROMPTS” APPLICATION AND WEBSITE.
ACCEPTANCE OF TERMS
This agreement sets forth legally binding terms for your use of Art Prompts. By using the application and website, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not download the application and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on Art Prompts. You agree to be bound by any modification to these terms when you use Art Prompts after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent that your use of the platform does not violate any applicable law or regulation. Art Prompts may, in its sole discretion, refuse to offer the services to any entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
You may use the application only if you can form a binding contract with Art Prompts, and only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the application for children under 13 years is prohibited and older children should be supervised and given appropriate guidance in their use of our platform and services. It is the responsibility of parents and legal guardians to determine whether any of the content and/or services are appropriate for their child.
By using the application and website, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
Art Prompts is an Android app created by artists, for artists. It features hundreds of original prompts to give you inspiration when you don’t know what to draw. Give it a try if you ever struggle with coming up with great ideas for drawings!
In the app, you can find several different categories, each of which includes more than a hundred original drawing prompts, which you can then attempt to draw.
The Colors category is a bit special, as it generates 3 – 5 random colors instead of prompts. These colors, then, are to be used in your drawing.
The Art Prompts app was originally created to help one of our team members when she didn’t know what to draw. By releasing the app to the public, I hope to help artists struggling with a similar problem. Through the different categories, I offer a choice of a common theme in the prompts given.
The application currently includes 7 categories:
By downloading the app, you’re supporting its further growth, as well as the growth of the Eledris team’s artists and worldbuilders.
For more information about our application and products (prompts), please contact us at:
Our contact information, our support team will be attentive and available to answer your questions and concerns.
SHOPPING ON THE APP (PROMPTS)
When you place an order for a product, you are offering to buy the product for the price advertised and stated on the application as at the time of purchase.
When a user with the intent to purchase the prompts on the application, places an order online, Art Prompts will send that user an email to confirm that the order has been received. This email confirmation will be produced automatically so that the user has confirmation of their product order details. The prompts will be available for download immediately the user makes the payment and receives the confirmation.
Art Prompts may cancel any sale and not supply products if it is reasonable to do so and may change or discontinue the availability of products at any time at its sole discretion. If an order is cancelled, any payment made for the products will be refunded in full. This does not affect your Statutory Rights.
Art Prompts reserves the right to determine pricing for the prompts. Art Prompts will make reasonable efforts to keep pricing information published on the website up to date. We encourage you to check our website periodically for current pricing information. Art Prompts may change the fees for any product, including additional fees or charges. Art Prompts, at its sole discretion, may make promotional offers with different features and different pricing to any of Art Prompts users.
All payments to Art Prompts are handled securely. Prompts will be paid through “Google Play In-App Billing”.
Payment will be debited from your credit card immediately on you placing the order. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the services. Art Prompts reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the services.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses, and may only be used as permitted by such terms and licenses.
LICENSE TO USE THE PLATFORM
Art Prompts gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Art Prompts as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Art Prompts, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Art Prompts application or third parties.
RESALE OF SERVICES AND PRODUCTS
Users may not resell the products or any portion of the content or the functionality of the platform, to any other party without prior written permission from Art Prompts, which may be granted or withheld in Art Prompts sole discretion.
You understand that Art Prompts and software embodied within Art Prompts may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Art Prompts and/or content providers who provide content to Art Prompts platform. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into Art Prompts.
Upon full and final payment, Art Prompts assigns to the client all right, title and interest in and to the Work Product produced for the client, for personal use only, the commercial license is not included. The right to exploit the product and the commercial license may only be granted with the written permission of Art Prompts.
The customer may not resell the products to any third party without the prior written permission of Art Prompts, which may be granted or withheld at Art Prompts’ discretion.
Unauthorized use of the images or unauthorized use without the respective commercial licenses, may cause a violation of copyright and result in a lawsuit, as provided by Israeli and international Copyright laws.
All materials on Art Prompts, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Art Prompts or by third parties that have licensed or otherwise provided their material to the application and website. You acknowledge and agree that all Materials on Art Prompts are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Art Prompts prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Art Prompts or any part of the material for any purpose other than its intended purposes is strictly prohibited.
Art Prompts respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Art Prompts application infringe upon your copyright or other intellectual property right, please send the following information to:
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
- A statement specifically identifying the location of the infringing material, with enough detail that Art Prompts may find it on the Art Prompts application. Please note: it is not sufficient to merely provide a top-level URL.
- Your name, address, telephone number and e-mail address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the application is accurate, complete or updated. The content of the application is provided for general information and should not be taken as a professional advice, please consult other more reliable and accurate sources. Any use of the material provided on this application is at your own risk.
The service may not be used in connection with any commercial purposes, except as specifically approved by Art Prompts. Unauthorized framing of or linking to any of Art Prompts is prohibited. Commercial advertisements, affiliate links, and other forms of content without notice and may result in termination of the account.
Art Prompts contains content of third-party licensors to Art Prompts, which is protected by copyright, trademark, patent, trade secret and other laws. Art Prompts owns and retains all rights, title and interest in the content. Art Prompts hereby grants to you a limited, revocable, non-sublicensable license to stream and/or view the content and any third party content located on or available through Art Prompts or services (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing Art Prompts and using the services.
Any dealings with third parties included within or on Art Prompts involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Art Prompts is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on Art Prompts does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Art Prompts or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on Art Prompts is provided to you for informational purposes only. Art Prompts encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Art Prompts works to ensure the information on Art Prompts is current and accurate.
The content and information available on the application (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such Content and information, is proprietary to Art Prompts or licensed to the Art Prompts by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the application. Additionally, you agree not to:
- Use the content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by Art Prompts.
- Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any Content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
- Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
- Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any portion of the services for any purpose without our express written permission.
- “Frame”, “mirror” or otherwise incorporate any part of the services into any other websites or service without our prior written authorization.
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Art Prompts in connection with the services.
- Circumvent, disable or otherwise interfere with security-related features of the services or features that prevent or restrict use or copying of any Content.
- Download any Content unless it’s expressly made available for download by Art Prompts.
DISCLAIMER OF WARRANTIES
Art Prompts will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person’s services.
Because of the nature of the Internet Art Prompts provides and maintains the application on an “as is”, “as available” basis and makes no promise that use of the application will be uninterrupted or entirely error-free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the application in breach of these terms you will be liable to and will reimburse Art Prompts for any loss or damage caused as a result.
Art Prompts will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Art Prompts excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Art Prompts and Art Prompts shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
- Any incorrect or inaccurate information on Art Prompts.
- Any interruptions to or delays in updating Art Prompts.
- The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the application or any product or service purchased through the application.
- Any loss or damage resulting from your use or the inability to use the application or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
- Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
- Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by persons accessing or using content from the application, or from transmissions via emails or attachments received from Art Prompts.
- All representations, warranties, conditions and other terms which but for this notice would have effect.
No responsibility will be accepted by Art Prompts for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any Cleaner User, Internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Art Prompts from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Download the Art Prompts application.
- The purchase of the products (Prompts).
CHANGES AND TERMINATION
We may change the application, website and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the site constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Art Prompts without restriction.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Art Prompts website and application, will be settled by binding arbitration between you and Art Prompts, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Art Prompts are each waiving the right to a trial by jury or to participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Art Prompts otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
These Terms are governed by the law of Czech Republic and The European Union. Use of Art Prompts application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our Platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these Terms please contact us at:
Welcome to Art Prompts!
Art Prompts values your privacy. This notice describes what information we collect, how we use it, and, if necessary, those with whom we share it.
The personal data of the users that are collected and processed through:
- Art Prompts App (Android version – Available on Google Play)
Will be under responsibility and in charge of:
(Hereinafter referred to as “Art Prompts”).
TYPES OF INFORMATION GATHERED
The information we learn from customers helps personalize and continually improve your experience at Art Prompts. Here are the types of information we gather:
Information You Give Us. You provide information when you download the app, search, read, watch, download and purchase the content or communicate with us. As a result of those actions, you might supply us with the following information:
- First and last name
- Email address
- IP address
- Payment information
- Any additional information relating to you that you provide to us directly through our websites or indirectly through our websites or online presence such as ‘cookies’.
Art Prompts will not collect any personally identifiable information about you, unless you provide it.
Payment information: Your credit card information or payment information, will be processed by Google Play (payment platform), which will treat and safeguard your data with total security and with the exclusive purpose of processing the purchase of the products (prompts). Art Prompts reserves the right to contract any payment platform available in the market, which treats your data for the exclusive purpose of processing the purchase of the products.
Please consult Google Play In-App Billing here:
Automatic Information. Like many websites, we use “cookies.” We obtain certain types of anonymous information which is not personally identifiable when your web browser accesses Art Prompts or third-party content served by or on behalf of Art Prompts on other websites. Some of the information we collect and analyze includes the Internet protocol (IP) address; computer and connection information such as browser type, version, and connection speed; purchase history; and the content you searched for, viewed, and possibly purchased.
HOW LONG WE KEEP YOUR DATA
HOW WE USE YOUR INFORMATION
In general, we use the information we collect primarily to provide, maintain, protect and improve our current application, website and services. We use personal information collected through our site as described below and described elsewhere in this Policy to:
- Identify you as a user in our system.
- Provide the application (Android version).
- Provide the products (prompts).
- Process payments.
- Improve our services, website, and how we operate our business.
- Understand and enhance your experience using our website and services.
- Send emails through bulk email delivery platforms such as MailChimp and Klaviyo.
- Respond to your comments or questions through our support team (chat and email).
- Send you related information, including confirmations, invoices, technical notices, updates, security alerts and support and administrative messages.
- Communicate with you about upcoming events and news about services offered by Art Prompts and our selected partners.
- Marketing purposes of Art Prompts.
- Link or combine your information with other information we get from third parties to help understand your needs and provide you with better service.
- Protect, investigate and deter against fraudulent, unauthorized or illegal activity.
HOW DO YOU GET MY CONSENT?
By downloading the application, purchasing the products and providing us with personal information to communicate with you, you agree that we collect and use your information. You can withdraw your consent, contact us through the contact information or the contact page.
HOW WE SHARE INFORMATION
Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below.
Third-Party Service Providers. We employ other companies and individuals to perform functions on our behalf. Examples include process payments (Google Play In-App Billing), sending email, analyzing data, providing marketing assistance, providing search results and links. They have access to personal information needed to perform their functions, but may not use it for other purposes.
Protection of Art Prompts and others. We release personal information when we believe release is appropriate to comply with the law, enforce or apply our Terms of Service and other agreements, or protect the rights, property, or safety of Art Prompts, our users or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction.
With Your Consent. Other than as set out above, you will receive notice when personally identifiable information about you might go to third parties, and you will have an opportunity to choose not to share the information.
Anonymous Information. Art Prompts uses the anonymous browsing information collected automatically by our servers primarily to help us administer and improve the platform and website. We may also use aggregated anonymous information to provide information about the website to potential business partners and other unaffiliated entities. This information is not personally identifiable.
Email Address. The email address that you supply to us for purposes of receiving our email communications will never be rented or sold to a third party.
PROTECTING YOUR INFORMATION
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. If transactions are processed on the Website, transaction information is transmitted to and from the Website in encrypted form using industry-standard SSL connections to help protect such information from interception. We restrict authorized access to your personal information to those persons who have a legitimate purpose to know that information to provide products or services to you and those persons you have authorized to have access to such information.
Art Prompts follows generally accepted industry standards to protect the personal information submitted to us, both during transmission and once Art Prompts receives it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while Art Prompts strives to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so.
You have the following rights in relation to your personal data provided to Art Prompts:
- Access your personal data.
- Request the correction of inaccurate data.
- Request its deletion.
- Request limitation of the processing of your data.
- Oppose the treatment of your data.
- Request your portability.
- Not be subject to automated individual decisions.
The Users can exercise all these rights contacting us through the contact information or the contact page and indicating the reason for his request.
Without preconception to any other administrative appeal or legal action, the User shall have the right to submit a claim to a Control Authority, in particular in the Member State in which he or she has their habitual residence, place of work or place of the alleged infringement. If you consider that the processing of your personal data is not appropriate to the regulations, as well as in the case of not seeing the exercise of your rights satisfied. The control authority in which the claim was filed will inform the claimant about the course and result of the claim.
EU MEMBERS’ RIGHTS (GDPR COMPLIANT)
If you are habitually located in the European Union, you have the right to access, rectify, download or erase your information, as well as the right to restrict and object to certain processing of your information. While some of these rights apply generally, certain rights apply only in certain limited circumstances.
We describe these rights below:
- Access and Porting: You can access your information at any time.
- Rectify, Restrict, Limit, Delete: You can also rectify, restrict, limit or delete much of your information by contacting us.
- Object: Where we process your information based on our legitimate interests explained above, or in the public interest, you can object to this processing in certain circumstances. In such cases, we will cease processing your information unless we have compelling legitimate grounds to continue processing or where it is needed for legal reasons.
- Revoke consent: Where you have previously provided your consent, such as to permit us to process health-related data about you, you have the right to withdraw your consent to the processing of your information at any time. For example, you can withdraw your consent by updating your settings. In certain cases, we may continue to process your information after you have withdrawn consent if we have a legal basis to do so or if your withdrawal of consent was limited to certain processing activities.
- Complain: Should you wish to raise a concern about our use of your information (and without prejudice to any other rights you may have), you have the right to do so with your local supervisory authority.
Additionally, if you are a European resident, we note that we are processing your information in order to fulfill contracts we might have with you or otherwise to pursue our legitimate business interests listed above. Additionally, please note that your information will be transferred outside of Europe.
You can see more about these rights at:
CHILDREN’S ONLINE PRIVACY PROTECTION
We are in compliance with the requirements of the GDPR (General Data Protection Regulation) regarding the protection of the personal data of minors. We do not collect any information from anyone under 13 years of age. Our website, platform and services are all directed to people who are at least 18 years old or older.
EDITING AND DELETING INFORMATION
If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible. We will promptly correct any information found to be incorrect. You can change, modify, rectify and delete your Information at any time, please contact us through the contact information.
To opt-out of Art Prompts email, follow the instructions included in the email. Your request should be processed within 48 hours.
SUPPLIERS AND OTHER THIRD PARTIES
Art Prompts regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Art Prompts treatment of personal information by contacting us.
When we receive formal written complaints, it is Art Prompts policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Art Prompts and an individual.