Terms of Service

Overview

This website is operated by XN Digital LLC, doing business as Art Texts. Throughout the site, the terms "we", "us", and "our" refer to XN Digital LLC. We offer this website and our SMS-based art education service, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or subscribing to our service, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"). Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website. Your continued use of the website following the posting of any changes constitutes acceptance of those changes.

1. Service Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. You may not use our service for any illegal or unauthorized purpose nor may you violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

2. General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including payment information) may be transferred unencrypted and involve transmissions over various networks. Payment information is always encrypted during transfer. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission.

3. Subscription and Billing

Art Texts is a subscription-based service that delivers daily art history lessons via SMS. By subscribing, you agree to pay the applicable subscription fees as displayed at the time of purchase. Subscription fees are billed in advance on a recurring basis. You may cancel your subscription at any time through your account dashboard or by contacting us at support@dailyarttexts.com. Upon cancellation, you will continue to have access until the end of your current billing period. We reserve the right to modify subscription prices at any time.

4. Accuracy of Information

We are not responsible if information made available on this site or through our SMS service is not accurate, complete, or current. The material is provided for general educational and informational purposes only. This site and our service may contain historical information about art, artists, and art movements provided for your educational reference only. Any reliance on the material is at your own risk.

5. Modifications to the Service

Prices for our subscriptions are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part thereof) without notice. We shall not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the Service.

6. Third-Party Tools and Links

We may provide access to third-party tools over which we have no control. You acknowledge that we provide access to such tools "as is" and "as available" without any warranties. Certain content may include materials from third-parties, including links to artwork images. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

7. User Comments and Feedback

If you send submissions or creative ideas, suggestions, or other materials (collectively, "comments"), you agree that we may use them without restriction or compensation. You agree that your comments will not violate any rights of third parties and will not contain unlawful, abusive, or obscene material.

8. Personal Information

Your submission of personal information through the site is governed by our Privacy Policy. We collect your phone number to deliver our SMS service and your email address for account management purposes.

9. Prohibited Uses

You are prohibited from using the site or its content for any unlawful purpose; to solicit unlawful acts; to violate any regulations or laws; to infringe upon intellectual property rights; to harass, abuse, or discriminate; to submit false information; to upload malicious code; to collect personal information of others; to spam or scrape; for obscene purposes; or to interfere with security features. We reserve the right to terminate your use for violating any prohibited uses.

10. Disclaimer of Warranties; Limitation of Liability

We do not guarantee that your use of our service will be uninterrupted, timely, secure, or error-free. The service is provided "as is" and "as available" without any warranties. In no case shall XN Digital LLC, our directors, officers, employees, affiliates, agents, or contractors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the service. In jurisdictions that limit liability exclusions, our liability shall be limited to the maximum extent permitted by law.

11. Indemnification

You agree to indemnify, defend, and hold harmless XN Digital LLC and our affiliates, partners, officers, directors, agents, and employees from any claim or demand, including reasonable attorneys' fees, made by any third-party due to your breach of these Terms or your violation of any law or the rights of a third-party.

12. Severability

If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be severed without affecting the validity of remaining provisions.

13. Termination

These Terms are effective unless and until terminated by either you or us. You may terminate at any time by notifying us or ceasing to use our site. If we suspect you have failed to comply with any term, we may terminate this agreement without notice and you will remain liable for all amounts due.

14. Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver. These Terms constitute the entire agreement between you and us and govern your use of the Service. Any ambiguities shall not be construed against the drafting party.

15. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of the United States.

16. Changes to Terms of Service

We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check periodically for changes. Your continued use constitutes acceptance of those changes.

17. Contact Information

Questions about the Terms of Service should be sent to support@dailyarttexts.com.