BEHOLD VENTURES, INC.
PRIVACY POLICY
Last Updated: September 9, 2026
This Privacy Policy describes how Behold Ventures, Inc. (doing business as Behold.art) ("we," "us," or "our") collects, uses, stores, and shares ("processes") your personal information when you use our services ("Services"). Our Services include:
Visiting our website at [https://www.behold.art](https://www.behold.art) or [https://www.beholdworld.art](https://www.beholdworld.art) (the "Site");
Downloading and using our mobile application, Behold.Art (the "App");
Interacting with the Behold World Art Exchange and our online Marketplace; and
Engaging with us through related events, surveys, marketing campaigns, or support channels.
By creating an account, accessing, or using our Services, you acknowledge that you have read, understood, and agree to the practices described in this Privacy Policy. If you do not agree with our policies and practices, please discontinue use of our Services immediately.
1. ABOUT BEHOLD AND REGULATORY SCOPE
Behold is a digital platform designed for discovering, experiencing, collecting, curating, and sharing visual art. Artists can create profiles and display their artwork while retaining ownership. Art lovers can discover work, save pieces they like, organize them into personal collections, and purchase available works directly from artists through the Behold Marketplace.
We act as the data controller for the personal information processed through the Services.
Contact Details:
Company Name:* Behold Ventures, Inc.
Mailing Address: 1614 Penfield Rd, Ste 25263, Rochester, NY 14625, United States
Email Address: info@beholdventures.art
Data Protection Support: DMCA.Agent@beholdventures.art
2. WHAT PERSONAL INFORMATION WE COLLECT
We collect personal information depending on how you interact with us, the choices you make, and the features you use.
A. Information You Disclose Directly to Us
We collect information that you voluntarily provide when registering an account, setting up a profile, or making purchases:
Account Credentials & Identity Data: Full name, username, email address, password, and contact details.
Sign-In / Authentication Data: Secure tokens provided when you register or log in using third-party sign-in services, specifically Google Sign-In or Apple Sign-In.
Note: Behold does not support or integrate with Facebook, Instagram, or X (Twitter) social login methods.
Artist Profile & Portfolio Content: Biography, artistic statement, education, exhibition history, profile photo, and metadata associated with artwork you upload (titles, medium, dimensions, prices, descriptions, and images).
Billing & Shipping Data: For users making transactions in our Marketplace, we collect the billing address, shipping address, recipient name, phone number, and transaction history.
Payment Credentials: To complete purchases, payment card or bank data must be provided. All payments are processed securely by our third-party payment processors (Stripe and Shopify). We do not store full credit card numbers or sensitive payment credentials on our servers; we only retain a secure, tokenized version of the transaction.
B. Information Automatically Collected
When you visit, use, or navigate our App or Site, we automatically collect certain technical, device, and usage information. This does not reveal your real name or contact details but includes:
Device Characteristics: Mobile device ID, hardware model, manufacturer, operating system version, and system configuration data.
Log & Usage Data: Service-related diagnostic, usage, and performance logs. This includes IP address, timestamps, searches, features accessed, screen interactions, and system crash reports ("crash dumps").
Imprecise Location Data: We collect IP addresses, which are used to determine imprecise location data (country, state, and city) to facilitate local art discovery and display correct marketplace tax and shipping terms. We do not collect precise GPS coordinates without your explicit consent.
C. Information from Third Parties
We do not purchase or acquire consumer marketing lists or compile third-party behavioral data on you. We only receive data from our immediate marketplace partners (such as Stripe or Shopify) to confirm that transactions have been successfully executed and paid.
D. Mobile Device Permissions and Access
When using our App, we may request access or permission to certain features of your mobile device to enable key functionalities. You will be prompted to grant or deny these permissions before the App accesses the features, and you may modify or revoke access at any time in your device settings:
Camera: Required to allow artists to photograph their physical artwork directly from their mobile device to upload to their Behold portfolio.
Storage / Photo Library / Files: Required to select, crop, and upload pre-existing images, files, or profile photos to our platform.
Note: Behold does not request or require access to other device features such as Bluetooth, Contacts, Calendar, Microphone, Reminders, Sensors, or SMS messages.
3. HOW WE PROCESS YOUR INFORMATION
We process your personal information to operate, manage, and improve the Behold platform in accordance with the following business and commercial purposes:
Account Management: To facilitate account creation, login authentication, and keep your user profile in working order.
Curation & Discovery Features: To enable you to save artworks, build personal collections, share links, and experience art native to the App's swiping and presentation capabilities.
Marketplace Fulfillment: To process and manage orders, payments, shipping, tax reporting, and dispute handling for artworks purchased through the Behold Marketplace.
Diagnostics & Platform Integrity: To keep our Services secure, prevent fraud, troubleshoot technical glitches, monitor app performance, and analyze usage trends.
Support & Communications: To respond to user inquiries, offer customer support, and send administrative updates concerning our Services or changes to our policies.
4. COOKIES, TRACKING, AND ANALYTICS
We do not engage in invasive tracking, nor do we share your data with advertising networks or data brokers for cross-site behavioral targeting.
We utilize a minimalist suite of tracking and performance technologies:
Google Analytics & Firebase: We use these services to track app performance, system stability, screen transitions, and aggregated, non-personally identifiable feature usage. This helps us understand how the platform is used so we can improve the user experience. You can opt out of Google Analytics tracking at any time by visiting [https://tools.google.com/dlpage/gaoptout](https://tools.google.com/dlpage/gaoptout).
Essential Cookies: On our Site, we use standard, strictly necessary cookies to keep you logged in, save your preferences, and maintain items in your shopping cart.
No Third-Party Ad Pixels: Behold does not deploy tracking pixels or behavioral tracking suites from companies such as Meta (Facebook pixel), Mixpanel, or Amplitude.
5. THIRD-PARTY DISCLOSURES & SERVICE PROVIDERS (DISCLOSE-ONLY)
Behold operates under a disclose-only model. We do not sell, rent, share, or lease your personal information to third-party advertisers, data brokers, or marketing networks for cross-site behavioral targeting.
To operate our platform and marketplace, we disclose specific personal data only to the following trusted third-party service providers, listed by name:
1. Stripe, Inc. (and Stripe Connected Accounts): Serves as our primary payment processor and handles merchant account configuration, secure transactions, and card validation.
2. Shopify Inc.: Powers our e-commerce operations, order hosting, shipping calculations, and inventory tracking.
3. Google LLC (Firebase & Google Analytics): Provides backend analytics, app performance diagnostics, and system stability crash reporting.
Data Processing Agreements (DPAs): We have executed binding Data Processing Agreements with Stripe, Shopify, and Google. These agreements legally obligate each company to process personal data solely on our instructions, safeguard your information with rigorous technical and organizational security controls, and prohibit them from using or sharing your data for any separate business or commercial purposes.
6. DATA HOSTING AND INTERNATIONAL TRANSFERS
Behold's platform infrastructure is hosted on Google Cloud Platform (GCP). Our servers are located primarily in secure cloud data centers. Because our servers can be chosen within Google's cloud regions, your data may be transferred to, stored in, and processed in the United States and other global regions where our infrastructure providers operate.
For users accessing the Services from the European Economic Area (EEA), the United Kingdom (UK), or Switzerland, we comply with standard legal mechanisms for international data transfers, adhering strictly to the European Commission’s Standard Contractual Clauses (SCCs) to ensure your personal data receives a level of protection equivalent to that of your home country.
7. DATA RETENTION AND ACCOUNT DELETION
We only retain your personal information for as long as is necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required or permitted by law.
General Account Deletion: Standard user accounts (collectors/art lovers) can be deleted upon request by contacting us at info@beholdventures.art or DMCA.Agent@beholdventures.art. Upon verification, we will deactivate or delete your account and remove your active data from our active databases.
Artist Profile Deactivation (30-Day Manual Process): Due to the complex commercial architecture of the Behold Marketplace—specifically integrations with Stripe connected merchant accounts, active artist payouts, tax reporting, and ongoing order fulfillment—the deletion of an artist profile requires a manual deactivation and verification process of up to 30 days. This allows us to clear pending payouts, ensure shipping cycles are concluded, and close connected billing channels safely.
Exemptions for Transaction History: If you have made or received payments through the Behold Marketplace, we are legally required to retain transaction-related records (including payment tokens, invoice totals, names, and shipping details) beyond the standard deletion window. This data is securely archived and isolated to comply with regulatory tax, accounting, audit, and anti-money laundering (AML) compliance standards.
8. SECURITY MEASURES & BREACH NOTIFICATION
We have implemented appropriate and reasonable technical and organizational security measures (such as SSL/TLS encryption for data transmission and restricted access controls) designed to protect the security of any personal information we process.
Security Incident Response: In the unlikely event of a security incident or data breach that compromises your personal information, we adhere to strict regulatory compliance guidelines. If we or our partners (Stripe, Shopify, Google) detect a breach affecting personal data, we commit to notifying relevant data protection authorities and impacted individuals within the legally mandated timeframes (including the 72-hour notification window under the GDPR and applicable state data breach notification laws).
However, please remember that no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure. You access our Services at your own risk and should always do so within a secure environment.
9. YOUR PRIVACY RIGHTS
Depending on your geographical location (including state residency in the United States under laws such as the CCPA/CPRA, or residency in the EEA, UK, or Canada under GDPR and PIPEDA), you have specific rights regarding your personal data. These typically include the right to:
1. Request Access: Obtain a copy of the personal information we hold about you.
2. Request Correction: Ask us to correct inaccurate or incomplete details.
3. Request Deletion: Request that we erase your personal data (subject to legal, tax, and Stripe billing retention requirements).
4. Object to or Restrict Processing: Request that we limit how we use your data, especially if you believe our processing exceeds our legitimate business needs.
5. Withdraw Consent: Where our processing is based on your explicit consent, you may withdraw it at any time.
To exercise any of these rights, please submit a written request to info@beholdventures.art or DMCA.Agent@beholdventures.art. We will verify your identity (which may include asking you to confirm your email account or registry data) and respond in accordance with applicable data privacy laws, generally within 30 days.
10. PRIVACY OF MINORS
Behold is intended strictly for individuals who are at least 18 years of age. We do not knowingly collect, solicit data from, or market to children under the age of 18. If we learn that personal information from a user under 18 has been collected, we will immediately deactivate the account and take reasonable measures to promptly delete such data from our records. If you believe we have collected data from an individual under 18, please contact us at DMCA.Agent@beholdventures.art.
11. UPDATES TO THIS PRIVACY POLICY
We may update this Privacy Policy from time to time to stay compliant with relevant laws or to reflect operational changes in our App (such as the release of new account or collection-sharing features). Any updates will be posted on this page with a revised "Last Updated" date.
Notification of Changes: If we make material or substantive changes, we will actively notify you by sending an email notification directly to your registered email address from info@beholdventures.art before the changes become effective. We encourage you to review this policy periodically to stay informed of how we are protecting your information.
BEHOLD VENTURES, INC.
TERMS AND CONDITIONS
Last Updated: September 9, 2026
Welcome to Behold! These Terms and Conditions ("Terms" or "Agreement") constitute a legally binding contract between you (whether personally or on behalf of an entity you represent) and Behold Ventures, Inc. ("Behold," "Company," "we," "us," or "our"), a New York corporation with its principal office at 1614 Penfield Rd, Ste 25263, Rochester, NY 14625.
These Terms govern your access to and use of our website located at [https://www.behold.art](https://www.behold.art) (the "Site"), our mobile application, Behold.art (the "App"), our Shopify-powered marketplace, and all related services, features, content, tools, and platforms operated by Behold (collectively, the "Services").
Please read these Terms carefully before accessing or using our Services. By creating an account, downloading the App, making a purchase, or otherwise interacting with our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are expressly prohibited from using the Services and must discontinue use immediately.
1. ACCEPTANCE OF LEGAL TERMS
By using our Services, you represent and warrant that you are at least 18 years of age or the age of majority in your jurisdiction of residence. If you are accessing the Services on behalf of a gallery, business, university, or other legal entity, you represent and warrant that you have the full legal authority to bind that entity to these Terms, in which case "you" and "your" will refer to that entity.
Our Services are hosted in the United States and run on Google Cloud Platform. If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with all local laws, rules, and regulations regarding online conduct and data transmission.
2. DESCRIPTION OF THE SERVICES
Behold is a specialized digital platform designed to connect existing art communities, independent artists, galleries, and art lovers. The platform offers:
For Art Lovers/Explorers: A distraction-free, swipe-native interface to slow down, view, and explore original artwork; the ability to save favorites and organize them into personal curated collections or exhibitions; and the capability to share those collections.
For Artists and Galleries: A dedicated space to build profiles, display portfolios, manage artwork display, and directly reach collectors.
The Behold Marketplace: An integrated e-commerce experience (powered by Shopify and Stripe) facilitating the direct purchase of original physical artworks from artists.
Behold is an evolving, early-stage platform. We reserve the right to add, modify, limit, suspend, or discontinue any feature, functionality, or commercial model at our sole discretion, at any time, without prior notice.
3. USER ACCOUNTS AND REGISTRATION
To access certain features of the Services, including creating collections, liking artwork, and completing marketplace transactions, you must register for an account.
Sign-In Methods: Behold strictly supports authentication via Apple Sign-In, Google Sign-In, and traditional email/password credentials. We do not support, and have intentionally omitted, Facebook, Instagram, or X (Twitter) social logins.
Account Security: You are solely responsible for maintaining the confidentiality of your account credentials, including your password, and for all activities that occur under your account. You must notify us immediately at `security@beholdventures.art` if you suspect any unauthorized access or breach of security.
Profile Representation: You represent that all registration information you submit is accurate, current, and complete. You may not impersonate any other person or organization, use a username that violates third-party rights, or create placeholder profiles for artists or galleries without their explicit written authorization.
4. ARTWORK OWNERSHIP AND ARTIST LICENSES
At Behold, we believe the art belongs to the artist.
Copyright Preservation: Artists and galleries retain 100% of the ownership, copyright, and any other intellectual property rights in the artwork they upload, display, or sell through the Services. Behold does not acquire ownership of your artwork.
Limited Display License: By uploading, submitting, or posting artwork or related text (including biographies, titles, and descriptions) to the Services, you grant Behold a non-exclusive, worldwide, royalty-free, sublicensable (solely as technically necessary to operate features), and revocable license to host, store, reproduce, resize, format, display, distribute, and compress your content as reasonably necessary to:
1. Operate and display your artwork within the App, Site, search feeds, and artist listings.
2. Populate user-generated and artist-generated curated collections.
3. Generate small, unobtrusive, watermarked social sharing templates and links that route back to your Behold profile.
4. Demonstrate and promote Behold's platform capabilities (e.g., displaying portfolio frames at partner local galleries or academic exhibitions).
Termination of Display License: The display license granted to Behold terminates when you remove the applicable artwork or delete your account. However, you acknowledge that Behold may retain copies in secure, inactive backup archives, or keep records to the extent required to comply with financial, transaction history, and anti-money laundering (AML) laws.
Provenance and Upload Warranties: By uploading artwork, you represent and warrant that you own the artwork or have obtained all necessary licenses, permissions, and releases to display and sell the artwork, and that your uploads do not infringe the intellectual property, privacy, or publicity rights of any third party.
5. CURATION, COLLECTIONS, AND SHARING
Behold encourages users to build connection through curation.
Curation Limitations: Users may save favorite artworks and organize them into personal collections (such as organizing by theme, size, style, or hypothetical budget exercises). Saving, organizing, curating, or displaying artwork in a Behold collection does not grant the user any ownership, copyright, commercial license, or any other proprietary interest in the underlying artwork.
Sharing Rules: You may share individual artworks or curated collections using Behold's native sharing tools and links. Shared collections function as public links that drive discoverers back into the distraction-free Behold environment. You are strictly prohibited from copying, downloading, reproducing, taking screenshots, or distributing artwork displayed on Behold for use outside the platform without the express written permission of the copyright owner.
6. PERMITTED AND PROHIBITED USES
You agree to use our Services only for lawful, non-commercial purposes.
Prohibited Activities: You agree that you will not:
1. Copy, download, screenshot, print, reproduce, distribute, republish, or commercially exploit any artwork displayed on the platform without prior written authorization from the artist or rights holder.
2. Circumvent, disable, or interfere with security features or watermark overlays (such as the Behold corner framing overlays) designed to prevent the unauthorized copying or extraction of artwork.
3. Systematically retrieve, scrape, harvest, or index data, artist directories, or artwork portfolios from the Services to compile a database, competing index, or search engine.
4. AI Training Prohibitions: Use any artwork, metadata, text, images, or general content found on Behold to train, develop, test, optimize, validate, or provide input to artificial intelligence (AI), generative AI, machine learning, or neural network models. Behold strictly supports copyright protection; artists may utilize defensive protection technologies (such as Nightshade or Glaze) prior to uploading artwork, and Behold will record timestamped proof of artist ownership at upload.
5. Upload or transmit any material containing computer viruses, trojan horses, worms, or malicious code designed to disrupt the App's stability.
6. Submit false, inaccurate, or deceptive information, including falsifying the authorship, provenance, dimensions, or physical medium of any artwork.
7. AUTOMATED ACCESS AND AUTONOMOUS AGENTS (AI AGENT POLICY)
Behold welcomes technical alignment and search engine indexing to increase artist visibility, provided that automated systems respect platform security and intellectual property boundaries.
Agent Definition: "Agent" means any automated software, script, crawler, bot, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity to access, use, or interact with the Services without direct human supervision.
Identification Requirement: Every Agent accessing the Services must identify itself truthfully. In all HTTP/HTTPS requests, the Agent must disclose its identity by including the following string in the HTTP Request User-Agent: `Agent/[agent name]`.
Obfuscation Prohibited: No Agent may conceal or obfuscate its automated nature. Mimicking human swiping behavior, human latency variations, or systematically solving/circumventing CAPTCHAs and other automated verification measures is strictly prohibited.
Robotics Compliance: Agents must respect all technical barriers, rate limits, robot exclusion headers, and programmatic denials of access. If Behold explicitly requests that your Agent cease accessing the Services, you must immediately deactivate it.
AI Training Exclusion: Standard web indexing Agents (e.g., search engine scrapers) are permitted to index public profile pages solely for search results routing back to Behold, but are strictly prohibited from storing, caching, or using raw artwork files to train artificial intelligence models under Section 6.
8. MARKETPLACE SALES, PURCHASES, AND PAYOUTS
Behold acts as a commercial agent facilitating direct, secure transaction channels between artists (sellers) and collectors (purchasers).
Shopify and Stripe Integration: All marketplace hosting, catalog listings, and order checkout routing are powered by Shopify. Payment details are processed and secured exclusively by Stripe; Behold does not store, process, or maintain sensitive payment card credentials on our servers.
Fulfillment Protocol & Artist Commitment: Placing an order constitutes an offer to purchase. When a new order is received, the artist must confirm the availability, condition, and shipping feasibility of the original physical artwork within 24 hours.
If confirmed, the order moves to "Awaiting Shipment," and the purchaser's payment is captured.
If the artist does not respond within 72 hours, Behold reserves the right to cancel the order and issue a full refund to the purchaser, holding the artist's profile subject to review or suspension.
Exclusivity of Original Artwork: All artwork listed for sale in the Behold Marketplace must be original, physical fine art. Listings for mechanical duplicates, unauthorized prints, or counterfeit works are strictly prohibited and will result in immediate termination of listing privileges.
9. SHIPPING, TITLE, AND DELIVERY
Because each piece of art is a one-of-a-kind original, packaging and shipping are handled with rigorous professional care.
Artist Shipping Requirements: Upon confirmation, the artist is solely responsible for professionally packaging the original artwork, purchasing shipping insurance for the full transaction value, and shipping via a reputable carrier with active tracking and signature confirmation required upon delivery.
Transfer of Title: Title and risk of physical loss or damage pass from the artist to the purchaser upon the carrier's delivery of the artwork to the purchaser's shipping address. Behold is not liable for carrier shipping delays, custom holds, or losses outside our direct control.
10. RETURNS, DAMAGED ARTWORK, AND DISPUTE RESOLUTION
Due to the unique nature of original visual art, Behold implements a strict transactional verification timeline.
48-Hour Inspection Window: Purchasers have exactly 48 hours from the time of carrier-confirmed delivery to inspect the artwork.
If the artwork arrives in the condition represented, no action is required, and Behold will automatically release the captured funds (minus our standard commission) to the artist's Stripe account.
If the artwork is damaged during transit or is materially misrepresented (e.g., incorrect physical size, medium, or severe undisclosed wear), the purchaser must contact Behold Customer Support at `marketplace@beholdventures.art` within the 48-hour window.
Dispute and Hold Protocol: Filing a dispute immediately freezes the transaction and halts the artist's Stripe payout.
Shipping Damage: If transit damage is verified, Behold will assist in filing an insurance claim with the carrier. The purchaser will receive a full refund, and the artist will be compensated via the carrier insurance payout.
Material Misrepresentation: If the artwork is verified to be materially misrepresented, the purchaser must ship the artwork back to the artist (utilizing Behold-supplied labels). Upon receipt, a full refund will be issued, and the artist's account will be subject to internal review.
Unfounded Claims: If the dispute is determined to be unfounded or filed past the 48-hour inspection period, the dispute will be closed, and the payout will be released to the artist.
11. BEHOLD INTELLECTUAL PROPERTY
Our software, user interface design, logo marks, the corner watermark triangles, custom search algorithms, database schemas, and all structural platform text are the exclusive property of Behold Ventures, Inc. or our licensors and are protected by United States and international copyright, trademark, and trade secret laws. You may not copy, extract, reverse engineer, decompile, or create derivative platforms based on Behold's proprietary software.
12. COPYRIGHT INFRINGEMENT AND DMCA NOTICE POLICY
Behold is committed to protecting copyrights and respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (DMCA), we have designated a copyright agent to handle infringement claims.
If you believe that any material available on or through Behold infringes any copyright you own or control, please immediately submit a written Notification to our Designated Copyright Agent containing the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the infringed copyright.
2. Clear identification of the copyrighted work claimed to have been infringed (or a representative list of works).
3. Identification of the specific material on Behold that is claimed to be infringing, along with information reasonably sufficient to allow us to locate it.
4. Your contact information, including your physical address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement, under penalty of perjury, that the information in the notification is accurate, and that you are authorized to act on behalf of the copyright owner.
Designated Copyright Agent:
Entity: Forward Design, Inc.
Attn: Copyright Agent
Postal Address: 1614 Penfield Rd, Ste 25263, Rochester, NY 14625, United States
Email: `DMCA.Agent@beholdventures.art`
Pursuant to federal law, you may be held liable for damages, including legal fees, if you make material misrepresentations in a DMCA Notification.
13. DISCLAIMERS OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. BEHOLD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT OR REPRESENTS THAT:
1. THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
2. THE PHYSICAL PORTRAITS, MATERIALS, CONDITION, OR MEDIUM DESCRIPTIONS SUBMITTED BY INDEPENDENT ARTISTS ARE 100% ACCURATE OR AUTHENTIC.
3. THE COLORS AND TEXTURES OF THE ARTWORK RENDERED ON YOUR MOBILE DEVICE'S SCREEN WILL EXACTLY MATCH THE PHYSICAL ARTWORK IN PERSON due to screen hardware variations.
AS WITH THE PURCHASE OF ANY ORIGINAL PHYSICAL GOOD, YOU SHOULD EXERCISE CAUTION AND USE YOUR BEST JUDGMENT.
14. LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BEHOLD, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, OR PARTNERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, REVENUE, DATA, OR INJURIES ARISING FROM SHIPPING DELAYS) ARISING OUT OF YOUR USE OF THE SERVICES OR ACQUISITION OF ARTWORK.
OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM, REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) THE TOTAL FEES OR COMMISSION PAID BY YOU TO BEHOLD DURING THE SIX (6) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
15. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Behold, our subsidiaries, affiliates, and our respective directors, officers, agents, and employees from any losses, damages, liabilities, claims, or demands, including reasonable attorneys' fees, arising out of:
1. Your uploaded artist content or user-generated contributions.
2. Your use of the Services or breach of these Terms.
3. Your infringement of any third-party intellectual property, privacy, or publicity rights.
16. ACCOUNT SUSPENSION AND TERMINATION
These Terms remain in effect while you use our Services. Behold reserves the right, in our sole discretion and without notice or liability, to restrict, suspend, disable, or terminate your account and block your IP address from accessing the platform for any reason, including any breach of these Terms or violation of applicable laws.
Upon account termination, your right to use the Services ceases immediately. If your account is terminated for a violation, you are strictly prohibited from registering a new account under a false name, pseudonym, or the name of any third party.
Account Deletion Process: Users and artists can request account deletion at any time. Due to connected payment portals, active shipping tracking, and Stripe payouts, the deactivation and synchronization process may take up to 30 days to complete.
17. GOVERNING LAW AND DISPUTE RESOLUTION (ARBITRATION)
Governing Law: These Terms and your use of the Services are governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict-of-law principles.
Informal Negotiations: To control costs and expedite resolution, both parties agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating binding arbitration.
Binding Arbitration: Any dispute that cannot be resolved informally will be finally and exclusively settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Monroe County, New York, and will be conducted in English.
Waiver of Jury Trial: YOU UNDERSTAND THAT BY AGREEING TO ARBITRATION, YOU WAIVE YOUR RIGHT TO SUE IN COURT, HAVE YOUR CASE HEARD BY A JURY, OR PARTICIPATE IN A CLASS-ACTION LAWSUIT.
18. FORCE MAJEURE
Neither party will be liable for any failure or delay in its performance of its obligations under these Terms due to any cause beyond its reasonable control, including, but not limited to: acts of God, natural disasters, war (declared or undeclared), acts of terrorism, civil disturbance, labor strikes, embargoes, governmental actions, or failure of third-party service providers (including cloud hosting or payment processors) (a "Force Majeure Event"). The affected party shall provide prompt notice to the other party of such cause and shall use commercially reasonable efforts to resume performance as soon as practicable. If a Force Majeure Event continues for more than sixty (60) consecutive days, either party may terminate these Terms upon written notice to the other.
19. MISCELLANEOUS PROVISIONS
Entire Agreement: These Terms, our Privacy Policy, and any separate marketplace seller addenda constitute the entire agreement between you and us, superseding any prior communications or terms.
Changes and Updates to Terms: Behold reserves the right, in our sole discretion, to update, change, modify, or replace any part of these Terms at any time. If we make material or substantive changes, we will actively notify you by sending an email notification directly to your registered email address from info@beholdventures.art before the changes become effective. Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.
No Waiver: Our failure to exercise or enforce any right or provision of these Terms will not act as a waiver of such right or provision.
Severability: If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be deemed severed, and the remaining provisions will remain valid and fully enforceable.
No Agency: No joint venture, partnership, employment, or agency relationship is created between you and Behold as a result of these Terms or your use of the Services.
20. CONTACT INFORMATION
For questions, notices, copyright claims, or support, please contact Behold at:
Behold Ventures, Inc.
1614 Penfield Rd, Ste 25263
Rochester, NY 14625
United States
Email: `info@beholdventures.art`
Phone: +1 (585) 747-2275
EIN: 99-4879817