Terms And Conditions

THE TERMS AND CONDITIONS OF Artistly.com

Acceptance The Use Of Artistly.com Terms and Conditions

Your access to and use of Artistly is subject exclusively to these Terms and Conditions. You will not use the Website for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website.

Prohibited Uses Policy

You agree not to violate the Service, Artistly Content, or Your Content in any way. Any use, access, or interference with the Service, Artistly’s Content, or Your Content that violates these Terms, any other specific agreement between You and Artistly, and relevant laws and regulations is considered a misuse. You should not use the Service, Artistly Content, or Your Content in the following ways:

The avatars you create using the app are made based on and bear a life-like resemblance to real people. For this reason, in order to comply with the licensing terms with the actors and to protect the rights and reputation of the actors, additional restrictions apply. In addition to general restrictions, You agree not to use any Artistly Spokespersons (without Artistly’s explicit written consent):

1. To engage in any other conduct that, as determined by Artistly, may harm or offend Artistly or other users of the Service or expose them to liability, interferes with the Service’s security features and restricts or inhibits anyone’s use or enjoyment of the Service, or which, as reasonably determined by Artistly.
2. To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", “chain letter”, “spam”, or any other similar solicitation.
3. To portray Artistly’s in Content in a way that a person would reasonably find offensive, including, but not limited to portraying the spokesperson as suffering from or medicating for any medical condition, including addiction.
4. To portray Artistly in Content alongside or in connection with regulated or not age-appropriate goods or services including, but not limited to alcohol, tobacco, nicotine (including vaping products), psychoactive substances, firearms, gambling, preservatives, sex toys, escort services, dating services, adult entertainment venues and similar.
5. In Content in which the Artistly is making any kind of statement of opinion, including expressing any personal preferences or experiences as if they are that Artistly spokesperson’s preferences or experiences.
6. In Content in which Artistly is making any kind of statement of fact regarding religion, politics, race, gender, sexuality, or other similar topics that are known to be sensitive to certain demographics.
7. To create trademarks, design-marks, service-marks, or other similar protected or registrable rights from the content created with Artistly.
8. In Content used as or part of non-fungible tokens (NFTs), cryptocurrency, financial advice, insurance or similar that could be deemed as statements made by the Artistly spokesperson and that which can place the Artistly spokesperson under bad light.

Account Suspension For Abuse These Terms

All the content is moderated and could be declined because of the reasons described above.

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.

The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

In particular, but without limitation, Users may not copy, share, sublicense, transfer/assign their licenses of Artistly to ANY third party even if it’s without the third-party User's knowledge.

Liability for provided content

Users are solely liable for any content they upload, post, share, or provide through this Application. Users acknowledge and accept that Artistly and associated companies does not filter or moderate such content.

However, the Artistly team reserves the right to remove, delete, block or rectify such content at its own discretion and to, without prior notice, deny the uploading User access to this Application:

• if any complaint based on such content is received;
• if a notice of infringement of intellectual property rights is received;
• upon order of a public authority; or
• where the Owner is made aware that the content, while being accessible via this Application, may represent a risk for Users, third parties and/or the availability of the Service.

The removal, deletion, blocking or rectification of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.

Users agree to hold the Artistly team and related companies harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Application.

Credit card details

We currently do not collect credit card information.

LEGAL ADVICE

The contents of Artistly.com website do not constitute advice and should not be relied upon in making or refraining from making, any decision.

All material contained on Artistly.com is provided without any or warranty of any kind. You use the material on Artistly.com at your own discretion.

CHANGE OF USE

Artistly.com reserves the right to:

• change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that Artistly shall not be liable to you for any such change or removal; and
• change these Terms and Conditions at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

Links to Third Party Websites

Artistly.com Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

COPYRIGHT

All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Artistly or otherwise used by Artistly as permitted by law.

LINKS TO AND FROM OTHER WEBSITES

• Throughout this Website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this Website you do so at your own risk.
• Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:
  • (a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;
  • (b) you do not misrepresent your relationship with this website;
  • (c) the website from which you link to this Website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.
• By linking to this Website in breach of our terms, you shall indemnify us for any loss or damage suffered to this Website as a result of such linking.

DISCLAIMERS AND LIMITATION OF LIABILITY

• The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
• To the extent permitted by law, Artistly will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.
• Artistly makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
• Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Artistly for death or personal injury as a result of the negligence of Artistly or that of its employees or agents.

INDEMNITY

You agree to indemnify and hold Artistly and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Artistly arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of this Website.

SEVERANCE

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

WAIVER

If you breach these Conditions of Use and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Conditions of Use.

YouTube API Services

You agree to be bound by YouTube’s Terms of Service (available at https://www.youtube.com/t/terms) and are agreeing to be bound by any changes, additions or related terms thereto that may be listed separately or otherwise concerning the YouTube API, either at YouTube.com or otherwise.

Term; Termination

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.

Miscellaneous

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between Artistly and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Artistly's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Artistly may assign its rights and duties under this Agreement to any party at any time without notice to you.

LIMITATION OF LIABILITY

IN NO EVENT WILL Artistly BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Artistly OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, Artistly's LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

USE OF THE SITE

You understand that, except for information, products, or services clearly identified as being supplied by Artistly, Artistly does not operate, control or endorse any information, products, or services on the internet in any way. Except for Artistly-identified information, products or services, all information, products and services offered through the Website or on the Internet generally are offered by third parties that are not affiliated with Artistly. You also understand that Artistly cannot and does not guarantee or warrant that files available for downloading through the Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.

TRADEMARKS

All trademarks, service marks, and trade names of Artistly used on the Website are trademarks or registered trademarks of Artistly. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Artistly trademarks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without prior written consent from Artistly. The use of Artistly trademarks on any other website or network computer environment, for example the storage or reproduction of (or a part of) the Website in any external internet site or the creation of links, hypertext, links or deep links between the Website and any other internet site, is prohibited without the express written consent of Artistly.

DISPUTES

Any disputes arising out of or relating to these Terms and Conditions and/or your use of the Website, shall be governed by the laws of the United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts located in the United States of America to resolve any legal matter arising from these Terms and Conditions or your use of the Website.

CONTACT INFORMATION

If you have any questions about these Terms and Conditions, please contact us at [email protected].