Points Terms of Service

Basic Rules

  1. Only members of DeviantArt may purchase deviantPOINTS.
  2. Only members of DeviantArt may use deviantPOINTS.
  3. Only a natural person who is a member of DeviantArt may purchase deviantPOINTS from DeviantArt.
  4. deviantPOINTS may be transferred from one member to another member (collectively, a "Transfer" or "Transfers"). A Transfer does not include an exchange for real world currency.
  5. Members are expressly prohibited from and may not sell deviantPOINTS for real currency to one another either within or outside of the Site.
  6. No more than $500.00 (U.S. Dollars) worth of deviantPOINTS may be purchased by a member in any one day.
  7. Transfers are binding and cannot be reversed. This means that you must completely trust the members to whom you are transferring deviantPOINTS.
  8. There is an annual limit restricting Transfer of more than 20,000 Points to a single member.
  9. Members may only Transfer up to 3,500 deviantPOINTS per transaction to another member. Multiple Transfers to a member are permitted.
  10. deviantPOINTS cannot be used, Transferred, sold or otherwise traded outside of the Site and any such activity is strictly prohibited.
  11. DeviantArt will determine, in its sole discretion, the purchase price for deviantPOINTS.

DeviantArt offers you the option of acquiring and using DeviantArt points ("deviantPOINTS") for interacting on parts of www.DeviantArt.com (the "Site"). deviantPOINTS may be exchanged between members of DeviantArt and used to purchase items from DeviantArt. These deviantPOINTS Terms and Conditions ("deviantPOINTS Terms and Conditions") contain the legal terms and conditions that govern your use of deviantPOINTS. Unless otherwise defined in these deviantPOINTS Terms and Conditions, terms used in these deviantPOINTS Terms and Conditions have the same meanings as in our Terms of Service .

Acquiring deviantPOINTS

You may acquire deviantPOINTS through a purchase from DeviantArt and through a Transfer.

DeviantArt may elect to Transfer deviantPOINTS to members at any time, subject to DeviantArt's sole discretion.

By acquiring deviantPOINTS, you agree and acknowledge that DeviantArt is granting you a limited, revocable license to a digital item, and that deviantPOINTS are not your personal property. You may not obtain any cash or money in exchange for deviantPOINTS, regardless of how you acquired those deviantPOINTS. Your only method for redeeming deviantPOINTS from DeviantArt is to obtain the specific services, products or digital products that we offer for deviantPOINTS redemption. The scope, variety, and type of services, products and digital products that you may obtain by redeeming deviantPOINTS can change at any time.

A DeviantArt member for the purposes of deviantPOINTS Terms and Conditions is the natural person associated with any DeviantArt member account. A member with multiple accounts on DeviantArt may not circumvent any limitation with respect to deviantPOINTS by using multiple accounts.

We may cancel, suspend, revoke, or otherwise limit your access to your deviantPOINTS and Points Account if we suspect fraudulent, abusive, or unlawful activity with regard to your deviantPOINTS or if it is established that a Member has acted in violation these deviantPOINTS Terms and Conditions.

Purchasing deviantPOINTS

Only a natural person may purchase deviantPOINTS from DeviantArt on his or her own behalf for his or her initial use. If a company, corporation or other organization wishes to participate in our deviantPOINTS system, it should contact help@deviantart.com.

DeviantArt accepts credit cards and PayPal (collectively, your "Payment Method") and will automatically charge your Payment Method at the time of purchase. All payments are to be made in US dollars and prices are subject to change at any time at DeviantArt's sole discretion. The purchase of deviantPOINTS is non-refundable and deviantPOINTS are not redeemable for cash.

You can purchase deviantPOINTS in a variety of denominations. For more information on how you can purchase deviantPOINTS please see your Points Page.

No more than $500.00 (U.S. Dollars) worth of deviantPOINTS may be purchased by a member in any one day.

Transfers

You may Transfer up to twenty-thousand (20,000) deviantPOINTS in total per year to another member. This one year period begins on the date of your first Transfer to a specific member. For instance, if you made an initial Transfer to a member on July 21, 2009 for 3,500 deviantPOINTS, you will be allowed to Transfer an additional 16,500 deviantPOINTS to that same member through July 20, 2010.

Members may only Transfer up to 3,500 deviantPOINTS per transaction to another member.

deviantPOINTS may not be used to circumvent or interfere with the operations of DeviantArt and cannot be used as payment for automated services affecting a member's statistical or performance based metrics on DeviantArt.

Please be aware that when you Transfer deviantPOINTS the Transfer cannot be reversed or refunded. Once you complete a Transfer to another member, those deviantPOINTS will be permanently removed from your Points Account.

Your Account

You can check your deviantPOINTS balance by accessing the deviantPOINTS account which is created upon your purchase or acquisition of deviantPOINTS ("Points Account.") You may only access your own Points Account and accessing the Points Account of other members is strictly prohibited.

It is your responsibility to keep track of the deviantPOINTS in your Points Account. If for some reason there is a discrepancy concerning your balance, please contact us at help@deviantart.com. DeviantArt may require you to submit additional information in order to make a determination regarding your balance. All decisions regarding your balance will be final and at DeviantArt's sole discretion.

DeviantArt reserves the right to restrict Transfers or revise the limitations on Transfer amounts, at any time and for any reason. We may also further restrict your ability to make Transfers depending on your country of residence.

Disputes

DeviantArt, the DeviantArt Help Desk, and the Core Team will not assist with disputes between members, or the resolution of such disputes, related to deviantPOINTS or Transfers and disclaims any liability relating to such disputes. There will be no adjustments, refunds or returns with respect to deviantPOINTS you have Transferred to other members or to a Group.

Purchases

You may use deviantPOINTS to purchase DeviantArt related items, which may include a DeviantArt Premium Account or Subscription, prints, T-Shirts & Gear and other items made available through the DeviantArt shopping experience and shopping cart. deviantPOINTS may be used to purchase items from DeviantArt in such amounts and under such terms as determined by DeviantArt at the time of the purchase; DeviantArt's standard terms for purchase and sale of items through DeviantArt Shop apply to all purchases made with deviantPOINTS.

With respect to the "purchase" of virtual items from DeviantArt such as widgets and privileges or other virtual items for use on DeviantArt.com, you acknowledge that, subject to these deviantPOINTS Terms and Conditions and our Terms of Service, you will receive a limited license to use these virtual items within DeviantArt, and not a right of ownership. You have no property interest in these virtual items, which remain the exclusive property of DeviantArt. Unless otherwise stated at the time of purchase, any virtual items "purchased" with deviantPOINTS are non-transferable.

There is no billing on dA. All transactions are resolved at the time of purchase.

For further information regarding your privacy, please review DeviantArt's Privacy Policy.

You are responsible for any tax consequences that may result from your purchase, acquisition, Transfer or use of deviantPOINTS.

deviantPOINTS accrued in multiple Points Accounts may not be combined into one Points Account.

Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER MEMBERS AND GROUPS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF DEVIANTART AND DEVIANTPOINTS. YOU UNDERSTAND THAT DEVIANTART DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY OF ITS MEMBERS OR GROUPS, NOR DOES DEVIANTART MAKE ANY ATTEMPT TO VERIFY MEMBER OR GROUP STATEMENTS. DEVIANTART MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR GROUPS. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND TRANSACTIONS WITH OTHER MEMBERS AND GROUPS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF DEVIANTART AND THE POINTS, WHETHER ONLINE, OFFLINE OR IN PERSON.

Limitation of Liability

DEVIANTART MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO YOUR PURCHASE, USAGE OR TRANSFER OF DEVIANTPOINTS. YOU EXPRESSLY AGREE THAT YOUR USE, PURCHASE, TRANSFER OR ACCEPTANCE OF DEVIANTPOINTS OR PURCAHSING ACCOMPLISHED WITH DEVIANTPOINTS IS AT YOUR SOLE RISK. DEVIANTART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. DEVIANTART MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE WITH RESPECT TO DEVIANTPOINTS. YOU SPECIFICALLY ACKNOWLEDGE THAT DEVIANTART IS NOT LIABLE FOR ANY OFFENSIVE OR ILLEGAL CONDUCT, INCLUDING CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT AND USAGE OR TRANSFER OF DEVIANTPOINTS. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DEVIANTART SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF DEVIANTPOINTS, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF DEVIANTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL DEVIANTART'S AGGREGATE LIABILITY FOR DAMAGES ARISING FROM THIS AGREEMENT EXCEED THE GREATER OF TWENTY ($20.00 USD) US DOLLARS OR THE AMOUNTS PAID TO DEVIANTART FOR THOSE DEVIANTPOINTS GIVING RISE TO A CLAIM IN THE TWELVE MONTHS PRECEDING THE DATE OF SUCH CLAIM.

Assistance

If you need assistance with the purchase of deviantPOINTS or with a purchase of DeviantArt related items made with deviantPOINTS, please contact us at: help@deviantart.com. Please note that this email address is only for assistance with the purchase of deviantPOINTS or with a purchase of DeviantArt related items made with deviantPOINTS and that requests for assistance with disputes over Transfers between members will not be answered.

Acknowledgement

By purchasing deviantPOINTS and providing DeviantArt with your payment method information, and/or accepting deviantPOINTS Transferred to you, you hereby agree to these deviantPOINTS Terms and Conditions.

The terms of these deviantPOINTS Terms and Conditions are incorporated into, and form a part of, the DeviantArt Terms of Service .