Terms of Use

Terms of Use

Our guidelines and policies regarding the usage of our site.

Our Terms of Use & Guidelines

Usage of our services, community spaces, marketplace and more

1. Introduction

Welcome to our place! We’re glad you’re here and we’d like you to stay as long as you want. To feel at home, please be sure to get familiar with our rules.

 

2. Accepting Our Terms

This Agreement is a legally binding contract between you and Arts Row, Inc.; this binding contract, officially called our Terms of Use, defines your rights and responsibilities when you use Arts Row, it’s subsidiaries and services (what we collectively call “Services”, “Service” or “Website”).

These are some of our rules, known as our Terms of Use (referred to as “Agreement” or “Terms” for short). Please read them carefully before using Arts Row, its mobile applications, Services or any of its subsidiaries (all of which we’ll collectively call “Arts Row”, “Artsrow.com”, or “Arts Row, Inc”).

The Terms contained here in this webpage, and our other policy documents (including all pages within Arts Row which we’ll collectively refer to as this “Website” or “Arts Row”) are a part of our House Rules and they govern your use of Arts Row.

These Terms apply in full force and by using Arts Row, you expressly accept all Terms contained herein in full.

If you do not agree with these Terms of Use in full or with any other policies set forth by Arts Row, you may not use our Website or Services. By using the Arts Row in any manner, including but not limited to simply visiting or browsing, You (the “User”, “Member” or “You”) agree to these Terms, including the additional policies referenced herein on Arts Row and/or available by hyperlink.

This Agreement applies to all Users and Members of our Services, including without limitation Users/Members who are Vendors, Customers, Contributors of content, information and/or other materials or Services on or provided by Arts Row.

Arts Row is not for use by children younger than age 13 (defined as those who are not at least 13 years of age), and any use of Arts Row if you are under 13 years of age is prohibited.

 

3. Other Policies Covered on Arts Row

Arts Row is a marketplace, local directory and social network platform that allows people to promote, market, sell and showcase their original, created and handcrafted Artworks, their performed Talents, and/or their Venue as a place to showcase the arts.

This allows people to connect online as well as offline. With that being said, there are several ways you can use Arts Row. Depending on how you choose to use it, the following Policies will apply:

By using any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Artist Policies If you post any work or talent for sale or marketing through our Services, these policies apply to you.

Patron Policies – If you use our Services to browse or shop, these policies apply to you.

Venue Policies – These policies apply to any Venue that registers as a Member and uses Arts Row’s Services.

We’d like you to know that Arts Row does not promise to curate all content contained within our site. However, we do our due diligence to curate content with respect to quality, safety, morality or legality. We address all notifications of content that are not in compliance with our Terms of Use or all of our Policies.

Artworks, Talents or Venues listed, are not fully vetted for truth or accuracy. The postings themselves, their claims and the ability of Users and Members to produce, provide or perform any and/or all of the Artworks or Talents they claim to be able to produce/create/perform are not screened by Arts Row. Neither is the condition, quality, safety or legality of the Venues that Users/Members claim to own, run or manage.

Arts Row does not pre-screen Users/Members, or the content or information provided by Users/Members. However, we diligently and regularly review our Members and any claims against Members who violate our Terms of Use or Policies.

We do want you to know that, like any business, we reserve the right to refuse Users or Members an Arts Row account and the right to terminate their account.

While our goal is always to provide the best experience possible as well as provide accurate content, Arts Row does not ensure that a User or Member who posts text, photos, images, videos or any form of online communications of Artworks and/or Talents, and/or Venues will accurately portray, produce, create, perform or provide that which they have proclaimed.

 

4. Your Content – Intellectual Property & Copyright

Anything you post on Arts Row using our Service is your content which we’ll refer to as “Your Content”. That would be anything from your Studio name, your images, comments, videos, etc… We make no claims to any of Your Content.

As a platform for Artists and Venues, Arts Row takes Intellectual Property rights very seriously. We comply with Intellectual Property laws and industry best practices in order to maintain the integrity of our creative platform. This Intellectual Property and Copyright Policy explains your rights and how we address allegations of infringement.

Arts Row has adopted this Intellectual Property and Copyright policy in accordance with industry best practices, general U.S. Copyright and Intellectual Property laws, and the Digital Millennium Copyright Act.

 

Intellectual Property Ownership

You are responsible for Your Content. The Intellectual Property uploaded or added to the Arts Row Website includes, but is not limited to an individual’s creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce and ecommerce. Both Intellectual Property and Copyright are protected under the law. These include, but are not limited to literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include, but are not limited to those of performing artists in their performances, recordings, broadcasts, and internet and television programs.

Intellectual Property Owned by Artsrow.com

Any and all content created by or for the Arts Row website (not including Your Content or Intellectual Property) including, but not limited to, icons, text, descriptions, images, buttons, logos, reviews, and blogs/articles is the original copyright of Arts Row. Under the Terms of Use stated herein, Arts Row and/or its licensors own all rights to the material created by and for the Arts Row Website, and all such rights are reserved.

Your Content for Promotional Purposes

In order to provide our Service to you, it is necessary for us to have license to use it. We do not claim ownership of any of Your Content.

By accessing Arts Row and uploading or adding Your Content, you agree to grant Arts Row worldwide, royalty-free, irrevocable, sub-licensable, non-exclusive, perpetual license to display, re-publish, modify, reproduce, distribute, edit, prepare derivative works and store Your Content for the purposes of promoting you, your Intellectual Property, our Services and to improve community benefits in any format through properties of Arts Row Services, advertising medium or third-party website.

This simply means we have the ability to show your work to buyers and fans, resize images for better mobile viewing, or post Your Content on social media or other marketing channels to help you grow, sell and connect better.

This license extends to the lifetime of any promotion, advertisement, marketing campaign or form of communication. Arts Row does not engage in resale or deprive You (Members/Users known as Artists, Patrons or Venues) of your intent to earn income from potential licensing agreements with third parties.

Limited License

All Users/Members (Artists, Patrons and Venues) are granted a limited license only, subject to the restrictions provided in these Terms of Use, for purposes of viewing and interacting with the material contained on the Arts Row Website.

Copyright and Intellectual Property Infringement Policy

Arts Row uses the following policy to handle all types of Intellectual Property infringement in accordance with the above mentioned Digital Millennium Copyright Act and U.S. Intellectual Property laws in general. Arts Row responds to this type of notice from any country or jurisdiction. The designated agent for Arts Row can be reached via email at [email protected] attention: Designated Agent.

Arts Row may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.

Reporting Intellectual Property Infringement

Arts Row is committed to responding as quickly as possible when a proper notice of Intellectual Property infringement is received. We may respond by removing or disabling access to the allegedly infringing material. When Arts Row removes or disables access in response to a notice, Arts Row makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. Arts Row may also provide a copy of the notice to the allegedly infringing party.

Misrepresenting Intellectual Property or Content

Misrepresenting an artwork, performance or other Content is prohibited on Arts Row. Infringing property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting Arts Row.

The Taking Down of Alleged Infringing Material

If a proper notice is received by Arts Row, works, performances or other materials will be taken down pending a response from the User/Member. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.

Arts Row can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. Arts Row will communicate to the affected Users/Members after a takedown is executed.

Counter Notification

If Arts Row receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Arts Row of this action. Arts Row retains the right to send a copy of the counter notice to the original complaining party. Users or Members whose content is removed have 3 business days to respond to the notice with a counter notice.

Re-listing artworks or posts containing the Intellectual Property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the Arts Row Terms of Use and may result in cancellation of the account.

Repeat Infringement

Arts Row maintains the right to terminate account privileges of Users or Members that are subject to repeat notices of Intellectual Property infringement in appropriate circumstances and at Arts Row’s discretion.

Arts Row encourages all those involved in Intellectual Property disputes to obtain the services of a legal professional. Arts Row does not offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many resources available to learn about the DMCA and Intellectual Property laws. Arts Row encourages all of its Users and Members to learn about and understand the laws regarding these issues.

A summary of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf

The U.S. Federal Copyright Code can be found here: http://www.copyright.gov/title17/92chap5.html

The full text of the Lanham Act can be found here: http://www.bitlaw.com/source/15usc/

More government-provided information on copyrights can be found here: http://www.copyright.gov

 

5. Using Our Website and Services

You expressly and emphatically agree to the following:

You will….

a. follow our Terms and Policies so that you can use our Website and Services.

b. contact us with any concern or need regarding Arts Row.

c. follow community standards when interacting with others on Arts Row.

You will not…

a. publish any of our Website material in any media. That means you won’t “scrape”, “spider” or “crawl” any of our pages or take our Website source code.

b. sell, sub-license and/or otherwise commercialize any of our Copyrighted Website material.

c. publicly perform and/or show any of our Copyrighted Website material.

d. use our Website in any way that is, or may be, damaging to this Website by means of a virus, harmful methods, etc…

e. use this Website in any way that impacts our Users’/Members’ access to this Website.

f. use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.

g. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; certain areas of this Website are restricted from access by You and Artsrow.com may further restrict access by You to any areas of this Website, at any time, in its sole and absolute discretion.

 

6. Your Content

In these Website Terms of Use, “Your Content” (content provided by “You” or the “User” “Member”) shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, You grant Artsrow.com a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media for the purposes of promoting You, Your Content, the Website or Artsrow.com community.

This license extends to the reasonable lifetime of any promotional tool. Artsrow.com does not seek to engage in resale or to deprive creators or artists of income from potential licensing agreements with third parties.

Your Content must be your own and must not be infringing on any third party’s rights. Artsrow.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

Also, your User/Member ID and password for this Website are confidential and You must maintain confidentiality of such information.

 

7. Website Warranties

We’re committed to doing our best to provide an awesome Service, but we’re a company run by humans, thus there could be some imperfections here and there. At times, things could go wrong. That’s why we think its important to tell you that this Website is provided “as is” with any and all faults, and Arts Row makes no express or implied representations or warranties (express or implied), of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website, title, non-infringement, purposefulness shall be construed as providing consult or advice to You. Arts Row and its officers, directors and/or employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use or experience of our Website or Service.

 

8. Limitation of Liability

a. Posts and Content. Arts Row is a Service and not a retailer, wholesaler, store, manufacturer or warehouse. Arts Row does not see, inspect or store any works through our Service. Arts Row also does not view or have access to performances posted by Artists through our Service or any of the establishments posted by Venues through our Service.

We provide a platform that allows independent Artists and Venues to post and sell their handmade and performed art or their Venue intended to showcase the arts.

As we’ve stated in other Policies here on Arts Row, we do not screen the content that Users/Members upload onto our Service. We do not represent any of the content posted by our Users or Members and we are not responsible for the decency, copyright, legality or accuracy of any User/Member content.

You release Arts Row and any of its officers, directors and/or employees, from any claims arising from anything sold or posted on our Website, including defective, misrepresented or inappropriate items, performances or Venues whether such liability is under contract, tort or otherwise.

b. Users and Members. Using our Service means you’ll be viewing and/or interacting online or offline with independent Artists and/or Venues. We want you to know we do not qualify or filter our Users or Members. However, we do our due diligence to confirm their location but, we do not claim to vet every User or Member of Arts Row on other criteria. Instead, we expect our Policies and Terms regarding misrepresentation and transparency to be followed and will act accordingly should we become informed that they are not.

By viewing or using any portion of Arts Row or by completing any transaction offline with any User, Member or Venue who is affiliated or not affiliated with Arts Row whether that transaction originated or did not originate by use of our Service, you agree to hold harmless Arts Row, its subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing the Service or engaging in any transaction or interaction stemming from the access of Arts Row.

 

9. Indemnification

This would be rare, but if Arts Row is sued because of something you did, you will defend and indemnify us (Arts Row and any of our employees) to the fullest extent, hold us harmless from and against any and all legal claims, liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your actions, your use of our Services, your breach of any of the provisions of these Terms of Use or the Policies that we’ve set forth, or your account’s infringement of someone else’s or our rights.

 

10. Disputes

a. With Other Members/Users. It can happen, but we certainly hope you don’t have to go through this. In any case, we highly encourage you to resolve disputes with the other party through amicable means. Either way, you release Arts Row of any claims, damages and/or demands arising from disputes with other Users or Members of Arts Row.

b. With Arts Row. We’d like the opportunity to know if you’re upset with us so we can hopefully resolve it together with you. If that’s not possible, then all legal disputes involving our Services will fall under governing law and arbitration. Our Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States which apply no matter where you live. As for arbitration, you and Arts Row agree that any dispute or claim that arises from or relating to our Terms will be settled by final and binding arbitration in the English language. Arbitration regarding our Terms will be on an individual basis and will not be under class arbitrations or class actions as they are prohibited. By using, browsing or becoming a Member/User of our Service, you understand and agree that you and Arts Row are waiving your rights to trial by a jury and to a class action or class arbitration. You may use “small claims” court if your claim qualifies and if it is an individual basis.

 

11. Severability

This simply means that in the event any part of our Terms are found to be unenforceable or invalid under any applicable law (if the law were to change, for example), then our Terms and Policies will not be rendered unenforceable or invalid as a whole and the portions deemed unenforceable will be removed with affecting the remaining portions of the Terms and Policies.

 

12. Assignment

Arts Row is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.

 

13. Changes to Our Terms

We may revise our Terms of Use at times. If the changes are significant enough to warrant telling you (meaning we actually change, add or eliminate a portion of the Terms and not just make minor grammatical adjustments, for example), we’ll do so by posting our changes on our Service or by letting you know via email. We’ll be sure to let you know so you can review the Terms of Use again if need be. We suggest that you read our Terms on a regular basis to be sure you understand all of the Terms governing your use of our Service.

 

14. Entire Agreement

These Terms of Use and all of our Policies set forth within Arts Row, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Arts Row and You the User/Member in relation to your use of our Services, and supersede all prior agreements and understandings with respect to the same.

 

15. Governing Law & Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, and You submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

 

16. Term; Termination

a. Termination by Arts Row. Except to the extent we have agreed otherwise in a separate written Addendum Agreement between you and an authorized officer of Arts Row, Arts Row may terminate your right to use our Services at any time for (a) your violation or breach of these Terms of Use; (b) your misuse or abuse of the Site by violating any condition set forth in our Terms of Use; or (c) if allowing you to access and use the Site would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Arts Row to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Arts Row shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Site.

b. Termination by You. Except to the extent you have agreed otherwise in a separate written Addendum Agreement between you and an authorized officer of Arts Row, you may terminate your access to the Site and its Services and the Terms of Use by deleting your account. If you need help deleting your account, please contact us. In the event there is a separate agreement between you and Arts Row governing your use of the Site and its Services and that agreement terminates or expires, the Terms of Use (as unmodified by such agreement) shall govern your use of the Site and its Services unless and until you delete your account.

c. Survival of Terms. All provisions of the Terms of Use that by their nature should survive termination of the Terms of Use shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

 

 

Updated on July 9, 2018

Terms of Use

Terms for the usage of our services, community spaces, marketplace and more.

1. Introduction

Welcome to our place! We’re glad you’re here and we’d like you to stay as long as you want. To feel at home, please be sure to get familiar with our rules.

 

2. Accepting Our Terms

This Agreement is a legally binding contract between you and Arts Row, Inc.; this binding contract, officially called our Terms of Use, defines your rights and responsibilities when you use Arts Row, it’s subsidiaries and services (what we collectively call “Services”, “Service” or “Website”).

These are some of our rules, known as our Terms of Use (referred to as “Agreement” or “Terms” for short). Please read them carefully before using Arts Row, its mobile applications, Services or any of its subsidiaries (all of which we’ll collectively call “Arts Row”, “Artsrow.com”, or “Arts Row, Inc”).

The Terms contained here in this webpage, and our other policy documents (including all pages within Arts Row which we’ll collectively refer to as this “Website” or “Arts Row”) are a part of our House Rules and they govern your use of Arts Row.

These Terms apply in full force and by using Arts Row, you expressly accept all Terms contained herein in full.

If you do not agree with these Terms of Use in full or with any other policies set forth by Arts Row, you may not use our Website or Services. By using the Arts Row in any manner, including but not limited to simply visiting or browsing, You (the “User”, “Member” or “You”) agree to these Terms, including the additional policies referenced herein on Arts Row and/or available by hyperlink.

This Agreement applies to all Users and Members of our Services, including without limitation Users/Members who are Vendors, Customers, Contributors of content, information and/or other materials or Services on or provided by Arts Row.

Arts Row is not for use by children younger than age 13 (defined as those who are not at least 13 years of age), and any use of Arts Row if you are under 13 years of age is prohibited.

 

3. Other Policies Covered on Arts Row

Arts Row is a marketplace, local directory and social network platform that allows people to promote, market, sell and showcase their original, created and handcrafted Artworks, their performed Talents, and/or their Venue as a place to showcase the arts.

This allows people to connect online as well as offline. With that being said, there are several ways you can use Arts Row. Depending on how you choose to use it, the following Policies will apply:

By using any of our Services, you agree to these Terms, our Privacy Policy, and our Anti-Discrimination Policy.

Artist Policy. If you post any work or talent for sale or marketing through our Services, these policies apply to you.

Patron Policy. If you use our Services to browse or shop, these policies apply to you.

Venue Policy. These policies apply to any Venue that registers as a Member and uses Arts Row’s Services.

We’d like you to know that Arts Row does not promise to curate all content contained within our site. However, we do our due diligence to curate content with respect to quality, safety, morality or legality. We address all notifications of content that are not in compliance with our Terms of Use or all of our Policies.

Artworks, Talents or Venues listed, are not fully vetted for truth or accuracy. The postings themselves, their claims and the ability of Users and Members to produce, provide or perform any and/or all of the Artworks or Talents they claim to be able to produce/create/perform are not screened by Arts Row. Neither is the condition, quality, safety or legality of the Venues that Users/Members claim to own, run or manage.

Arts Row does not pre-screen Users/Members, or the content or information provided by Users/Members. However, we diligently and regularly review our Members and any claims against Members who violate our Terms of Use or Policies.

We do want you to know that, like any business, we reserve the right to refuse Users or Members an Arts Row account and the right to terminate their account.

While our goal is always to provide the best experience possible as well as provide accurate content, Arts Row does not ensure that a User or Member who posts text, photos, images, videos or any form of online communications of Artworks and/or Talents, and/or Venues will accurately portray, produce, create, perform or provide that which they have proclaimed.

 

4. Your Content – Intellectual Property & Copyright

Anything you post on Arts Row using our Service is your content which we’ll refer to as “Your Content”. That would be anything from your Studio name, your images, comments, videos, etc… We make no claims to any of Your Content.

As a platform for Artists and Venues, Arts Row takes Intellectual Property rights very seriously. We comply with Intellectual Property laws and industry best practices in order to maintain the integrity of our creative platform. This Intellectual Property and Copyright Policy explains your rights and how we address allegations of infringement.

Arts Row has adopted this Intellectual Property and Copyright policy in accordance with industry best practices, general U.S. Copyright and Intellectual Property laws, and the Digital Millennium Copyright Act.

 

Intellectual Property Ownership

You are responsible for Your Content. The Intellectual Property uploaded or added to the Arts Row Website includes, but is not limited to an individual’s creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce and ecommerce. Both Intellectual Property and Copyright are protected under the law. These include, but are not limited to literary works (such as novels, poems and plays), films, music, artistic works (e.g., drawings, paintings, photographs and sculptures) and architectural design. Rights related to copyright include, but are not limited to those of performing artists in their performances, recordings, broadcasts, and internet and television programs.

Intellectual Property Owned by Artsrow.com

Any and all content created by or for the Arts Row website (not including Your Content or Intellectual Property) including, but not limited to, icons, text, descriptions, images, buttons, logos, reviews, and blogs/articles is the original copyright of Arts Row. Under the Terms of Use stated herein, Arts Row and/or its licensors own all rights to the material created by and for the Arts Row Website, and all such rights are reserved.

Your Content for Promotional Purposes

In order to provide our Service to you, it is necessary for us to have license to use it. We do not claim ownership of any of Your Content.

By accessing Arts Row and uploading or adding Your Content, you agree to grant Arts Row worldwide, royalty-free, irrevocable, sub-licensable, non-exclusive, perpetual license to display, re-publish, modify, reproduce, distribute, edit, prepare derivative works and store Your Content for the purposes of promoting you, your Intellectual Property, our Services and to improve community benefits in any format through properties of Arts Row Services, advertising medium or third-party website.

This simply means we have the ability to show your work to buyers and fans, resize images for better mobile viewing, or post Your Content on social media or other marketing channels to help you grow, sell and connect better.

This license extends to the lifetime of any promotion, advertisement, marketing campaign or form of communication. Arts Row does not engage in resale or deprive You (Members/Users known as Artists, Patrons or Venues) of your intent to earn income from potential licensing agreements with third parties.

Limited License

All Users/Members (Artists, Patrons and Venues) are granted a limited license only, subject to the restrictions provided in these Terms of Use, for purposes of viewing and interacting with the material contained on the Arts Row Website.

Copyright and Intellectual Property Infringement Policy

Arts Row uses the following policy to handle all types of Intellectual Property infringement in accordance with the above mentioned Digital Millennium Copyright Act and U.S. Intellectual Property laws in general. Arts Row responds to this type of notice from any country or jurisdiction. The designated agent for Arts Row can be reached via email at [email protected] attention: Designated Agent.

Arts Row may take any or all of the following actions in response to a proper notice including (1) removing the material or access to the material claimed to be infringing; (2) notifying the allegedly infringing party so that they may make a counter notice; (3) removing repeat offenders.

Reporting Intellectual Property Infringement

Arts Row is committed to responding as quickly as possible when a proper notice of Intellectual Property infringement is received. We may respond by removing or disabling access to the allegedly infringing material. When Arts Row removes or disables access in response to a notice, Arts Row makes a reasonable attempt to contact the allegedly infringing party, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about counter notification. Arts Row may also provide a copy of the notice to the allegedly infringing party.

Misrepresenting Intellectual Property or Content

Misrepresenting an artwork, performance or other Content is prohibited on Arts Row. Infringing property may cause you to be liable for damages. If you are not sure if the material in question infringes your property you may wish to speak with an attorney prior to contacting Arts Row.

The Taking Down of Alleged Infringing Material

If a proper notice is received by Arts Row, works, performances or other materials will be taken down pending a response from the User/Member. The takedown will occur in a prompt and reasonable amount of time from receipt of the notice inclusive of processing time, scheduling and coordination of resources for removal, and in some cases after consultation with legal counsel.

Arts Row can make no decision as to the validity of takedown requests and does not act as an arbitrator, mediator, or judge in such circumstances. Arts Row will communicate to the affected Users/Members after a takedown is executed.

Counter Notification

If Arts Row receives a DMCA counter notification, the removed material may be replaced or access to it may be restored 10 business days after receipt of the counter notice, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Arts Row of this action. Arts Row retains the right to send a copy of the counter notice to the original complaining party. Users or Members whose content is removed have 3 business days to respond to the notice with a counter notice.

Re-listing artworks or posts containing the Intellectual Property that has been previously removed without sending a counter notice; items in violation of a court order; settlement agreement; or successful claim of infringement constitutes a violation of the Arts Row Terms of Use and may result in cancellation of the account.

Repeat Infringement

Arts Row maintains the right to terminate account privileges of Users or Members that are subject to repeat notices of Intellectual Property infringement in appropriate circumstances and at Arts Row’s discretion.

Arts Row encourages all those involved in Intellectual Property disputes to obtain the services of a legal professional. Arts Row does not offer legal advice, interpretation or analysis of the legitimacy of any takedown request, counter claim or other legal communication. There are many resources available to learn about the DMCA and Intellectual Property laws. Arts Row encourages all of its Users and Members to learn about and understand the laws regarding these issues.

A summary of the Digital Millennium Copyright Act can be found at: http://www.copyright.gov/legislation/dmca.pdf

The text of the Digital Millennium Copyright Act can be found here: http://www.copyright.gov/legislation/hr2281.pdf

The U.S. Federal Copyright Code can be found here: http://www.copyright.gov/title17/92chap5.html

The full text of the Lanham Act can be found here: http://www.bitlaw.com/source/15usc/

More government-provided information on copyrights can be found here: http://www.copyright.gov

 

5. Using Our Website and Services

You expressly and emphatically agree to the following:

You will….

a. follow our Terms and Policies so that you can use our Website and Services.

b. contact us with any concern or need regarding Arts Row.

c. follow community standards when interacting with others on Arts Row.

You will not…

a. publish any of our Website material in any media. That means you won’t “scrape”, “spider” or “crawl” any of our pages or take our Website source code.

b. sell, sub-license and/or otherwise commercialize any of our Copyrighted Website material.

c. publicly perform and/or show any of our Copyrighted Website material.

d. use our Website in any way that is, or may be, damaging to this Website by means of a virus, harmful methods, etc…

e. use this Website in any way that impacts our Users’/Members’ access to this Website.

f. use this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity.

g. engage in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; certain areas of this Website are restricted from access by You and Artsrow.com may further restrict access by You to any areas of this Website, at any time, in its sole and absolute discretion.

 

6. Your Content

In these Website Terms of Use, “Your Content” (content provided by “You” or the “User” “Member”) shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, You grant Artsrow.com a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media for the purposes of promoting You, Your Content, the Website or Artsrow.com community.

This license extends to the reasonable lifetime of any promotional tool. Artsrow.com does not seek to engage in resale or to deprive creators or artists of income from potential licensing agreements with third parties.

Your Content must be your own and must not be infringing on any third party’s rights. Artsrow.com reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

Also, your User/Member ID and password for this Website are confidential and You must maintain confidentiality of such information.

 

7. Website Warranties

We’re committed to doing our best to provide an awesome Service, but we’re a company run by humans, thus there could be some imperfections here and there. At times, things could go wrong. That’s why we think its important to tell you that this Website is provided “as is” with any and all faults, and Arts Row makes no express or implied representations or warranties (express or implied), of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website, title, non-infringement, purposefulness shall be construed as providing consult or advice to You. Arts Row and its officers, directors and/or employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use or experience of our Website or Service.

 

8. Limitation of Liability

a. Posts and Content. Arts Row is a Service and not a retailer, wholesaler, store, manufacturer or warehouse. Arts Row does not see, inspect or store any works through our Service. Arts Row also does not view or have access to performances posted by Artists through our Service or any of the establishments posted by Venues through our Service.

We provide a platform that allows independent Artists and Venues to post and sell their handmade and performed art or their Venue intended to showcase the arts.

As we’ve stated in other Policies here on Arts Row, we do not screen the content that Users/Members upload onto our Service. We do not represent any of the content posted by our Users or Members and we are not responsible for the decency, copyright, legality or accuracy of any User/Member content.

You release Arts Row and any of its officers, directors and/or employees, from any claims arising from anything sold or posted on our Website, including defective, misrepresented or inappropriate items, performances or Venues whether such liability is under contract, tort or otherwise.

b. Users and Members. Using our Service means you’ll be viewing and/or interacting online or offline with independent Artists and/or Venues. We want you to know we do not qualify or filter our Users or Members. However, we do our due diligence to confirm their location but, we do not claim to vet every User or Member of Arts Row on other criteria. Instead, we expect our Policies and Terms regarding misrepresentation and transparency to be followed and will act accordingly should we become informed that they are not.

By viewing or using any portion of Arts Row or by completing any transaction offline with any User, Member or Venue who is affiliated or not affiliated with Arts Row whether that transaction originated or did not originate by use of our Service, you agree to hold harmless Arts Row, its subsidiaries, employees, agents and assigns including all officers, directors or partners from any claim resulting from violation of this agreement, accessing the Service or engaging in any transaction or interaction stemming from the access of Arts Row.

 

9. Indemnification

This would be rare, but if Arts Row is sued because of something you did, you will defend and indemnify us (Arts Row and any of our employees) to the fullest extent, hold us harmless from and against any and all legal claims, liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your actions, your use of our Services, your breach of any of the provisions of these Terms of Use or the Policies that we’ve set forth, or your account’s infringement of someone else’s or our rights.

 

10. Disputes

a. With Other Members/Users. It can happen, but we certainly hope you don’t have to go through this. In any case, we highly encourage you to resolve disputes with the other party through amicable means. Either way, you release Arts Row of any claims, damages and/or demands arising from disputes with other Users or Members of Arts Row.

b. With Arts Row. We’d like the opportunity to know if you’re upset with us so we can hopefully resolve it together with you. If that’s not possible, then all legal disputes involving our Services will fall under governing law and arbitration. Our Terms are governed by the laws of the State of California, without regard to its conflict of laws rules, and the laws of the United States which apply no matter where you live. As for arbitration, you and Arts Row agree that any dispute or claim that arises from or relating to our Terms will be settled by final and binding arbitration in the English language. Arbitration regarding our Terms will be on an individual basis and will not be under class arbitrations or class actions as they are prohibited. By using, browsing or becoming a Member/User of our Service, you understand and agree that you and Arts Row are waiving your rights to trial by a jury and to a class action or class arbitration. You may use “small claims” court if your claim qualifies and if it is an individual basis.

 

11. Severability

This simply means that in the event any part of our Terms are found to be unenforceable or invalid under any applicable law (if the law were to change, for example), then our Terms and Policies will not be rendered unenforceable or invalid as a whole and the portions deemed unenforceable will be removed with affecting the remaining portions of the Terms and Policies.

 

12. Assignment

Arts Row is permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms of Use without any notification or consent required. However, You shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms of Use.

 

13. Changes to Our Terms

We may revise our Terms of Use at times. If the changes are significant enough to warrant telling you (meaning we actually change, add or eliminate a portion of the Terms and not just make minor grammatical adjustments, for example), we’ll do so by posting our changes on our Service or by letting you know via email. We’ll be sure to let you know so you can review the Terms of Use again if need be. We suggest that you read our Terms on a regular basis to be sure you understand all of the Terms governing your use of our Service.

 

14. Entire Agreement

These Terms of Use and all of our Policies set forth within Arts Row, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between Arts Row and You the User/Member in relation to your use of our Services, and supersede all prior agreements and understandings with respect to the same.

 

15. Governing Law & Jurisdiction

These Terms of Use will be governed by and construed in accordance with the laws of the State of California, and You submit to the non-exclusive jurisdiction of the state and federal courts located in California for the resolution of any disputes.

 

16. Term; Termination

a. Termination by Arts Row. Except to the extent we have agreed otherwise in a separate written Addendum Agreement between you and an authorized officer of Arts Row, Arts Row may terminate your right to use our Services at any time for (a) your violation or breach of these Terms of Use; (b) your misuse or abuse of the Site by violating any condition set forth in our Terms of Use; or (c) if allowing you to access and use the Site would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose Arts Row to legal liability. We will use reasonable efforts to provide you notice of any such termination. Further, you agree that Arts Row shall not be liable to you or any third-party for any such termination of your right to use or otherwise access the Site.

b. Termination by You. Except to the extent you have agreed otherwise in a separate written Addendum Agreement between you and an authorized officer of Arts Row, you may terminate your access to the Site and its Services and the Terms of Use by deleting your account. If you need help deleting your account, please contact us. In the event there is a separate agreement between you and Arts Row governing your use of the Site and its Services and that agreement terminates or expires, the Terms of Use (as unmodified by such agreement) shall govern your use of the Site and its Services unless and until you delete your account.

c. Survival of Terms. All provisions of the Terms of Use that by their nature should survive termination of the Terms of Use shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).

 

 

Updated on July 9, 2018