Welcome to Artists Own!
These Terms of Use (or "Terms") govern your use of Artists Own, except where
we expressly state that separate terms (and not these) apply, and provide
information about the Artists Own Service (the "Service"), outlined below. When
you create an Artists Own account or use Artists Own, you agree to these terms.
The Artists Own Service is one of the products provided to you by Artists Own
Corporation, a California Company. These Terms of Use therefore constitute an
agreement between you and Artists Own Corporation.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND
US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND
YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT
OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND
HOW YOU CAN OPT OUT OF ARBITRATION BELOW.
The Artists Own Service
We agree to provide you with the Artists Own Service. The Service includes all of
the Artists Own products, features, applications, services, technologies, and
software that we provide to advance Artists Own's mission: To create lasting
communities owned by and between Artist Creators and Fan Consumers,
bringing you closer to the people and communities you build, curate, enjoy and
love. The Service is made up of the following aspects:
Offering personalized opportunities to create, connect, communicate,
discover and share entertainment via images, audio and video. People
are different. So we offer you different types of artistic programming created
and distributed by the artists themselves including features to help you
create, share, grow your Artist Channel or Fan Owner’s Box presence,
communicating with people on and off the Artists Own platform. We also
want to strengthen your relationships through shared artistic and
entertainment experiences that you actually care about.
Fostering a positive, inclusive, and safe environment.
We develop and use tools and offer resources to our community members
that help to make their experiences positive and inclusive, including when
we think they might need help. We also have teams and systems that work
to combat abuse and violations of our Terms and policies, as well as
harmful and deceptive behavior. We use all the information we have-
including your information-to try to keep our platform secure. We also may
share information about misuse or harmful content with law enforcement.
Developing and using original art that create and grow communities.
All art, art assets and artistic creations minted or posted for sale by the
Artists Own channel owner are the sole work of the Artist Creator of the
original art work used in the Artists Own service. Artists Own is simply a
service for Artists and Fans to create, share, play and own the art. All
copyright, trademark and intellectual property rights are the sole
responsibility of the Account holder. Artists Own Corporation is a service
provider only, not a content creator or consumer. All art is organized for
streaming, playing owning for fans by artists. A big part of our Service is
creating and using cutting-edge technologies that help us personalize,
protect, and improve our Service on an incredibly large scale for a broad
global community.
Ensuring access to our Service.
To operate our global Service, we must store and transfer data across our
systems around the world, including outside of your country of residence.
The use of this global infrastructure is necessary and essential to provide
our Service. This infrastructure may be owned or operated by Artists Own
Corporation or its’ affiliates.
Connecting you with Artists, Music, Video and Images via a service
you care about.
At no time does Artists Own use data from Artists Own, or from third-party
partners, to show you ads, offers, and other sponsored content that we
believe will be meaningful to you. You only see what is on our Marketplace
and in your Owners Box. Not analog fueled irritatingly irrelevant streams or
content you never requested. Sign up for the channel of your favorite
artist(s) gaining exclusive 1:1 access between Fan and Artist.
Research and innovation.
We use the information we have to study our Service and collaborate with
others on research to make our Service better and contribute to the well-
being of our community. From time to time you will see upgrades, changes,
modifications to the Service resulting in improved and heightened
experiences for every community.
How Our Service Is Funded
Artists Own, by using the Service covered by these Terms, receives a portion of
the sales made on the Platform. At no time will you be shown ads you never
requested. We Never use your personal data, such as information about your
activity and interests, to show you ads that are more relevant to you.
We Never show you ads. We don’t sell your personal data. We do Not allow
advertisers to tell us things like their business goal and the kind of audience they
want to see in their ads on the Service. Artists Own Never uses ads. You may
see branded content on Artists Own posted by account channel artists to fans
who promote products or services based on a 1:1 relationship between artist and
fan as evidenced by a monthly subscription between the two.
The Privacy Policy
Providing our Service requires collecting and using your information. The Privacy
Policy explains how we collect, use, and share information across Artists Own. It
also explains the many ways you can control your information, including in
the Artists Own Privacy and Security Settings. By agreeing herein you also agree
to the Artists Own Privacy Policy.
Your Commitments
In return for our commitment to provide the Service, we require you to make the
below commitments to us.
Who Can Use Artists Own. We want our Service to be as open and inclusive as
possible, but we also want it to be safe, secure, and in accordance with the law.
So, we need you to commit to a few restrictions in order to be part of the Artists
Own community.
You must be at least 13 years old.
You must not be prohibited from receiving any aspect of our Service under
applicable laws or engaging in payments related Services if you are on an
applicable denied party listing.
We must not have previously disabled your account for violation of law or
any of our policies.
You must not be a convicted sex offender.
How You Can't Use Artists Own. Providing a safe and open Service for a broad
community requires that we all do our part.
You can't impersonate others or provide inaccurate information.
You don't have to disclose your identity on Artists Own, but you must
provide us with accurate and up to date information (including registration
information), which may include providing personal data. Also, you may not
impersonate someone or something you aren't, and you can't create an
account for someone else unless you have their express permission.
You can't do anything unlawful, misleading, or fraudulent or for an
illegal or unauthorized purpose.
You can't violate (or help or encourage others to violate) these Terms
or our policies, including in particular the Artists Own Community
Guidelines, Artists Own Platform Terms and Developer Policies,
and Music Guidelines.
If you post branded content, you must comply with our Branded
Content Policies, which require you to use our branded content tool
You can't do anything to interfere with or impair the intended
operation of the Service.
This includes misusing any reporting, dispute, or appeals channel, such as
by making fraudulent or groundless reports or appeals.
You can't attempt to create accounts or access or collect information
in unauthorized ways.
This includes creating accounts or collecting information in an automated
way without our express permission.
You can’t sell, license, or purchase any account or data obtained from
us or our Service.
This includes attempts to buy, sell, or transfer any aspect of your account
(including your username); solicit, collect, or use login credentials or badges
of other users; or request or collect Artists Own usernames, passwords, or
misappropriate access tokens.
You can't post someone else’s private or confidential information without
permission or do anything that violates someone else's rights, including
intellectual property rights (e.g., copyright infringement, trademark
infringement, counterfeit, or pirated goods).
You may use someone else's works under exceptions or limitations to copyright
and related rights under applicable law. You represent you own or have obtained
all necessary rights to the content you post or share. Including how to report
content that you think infringes your intellectual property rights,
About Intellectual Property
Artists Own is committed to helping people and organizations protect their
intellectual property rights. The Artists Own Terms of Use do not allow posting
content that violates someone else’s intellectual property rights, including
copyright and trademark.
Copyright
Copyright is a legal right that seeks to protect original works of authorship
(example: books, music, film, art).
Generally, copyright protects original expression such as words or images. It
does not protect facts and ideas, although it may protect the original words or
images used to describe an idea. Copyright also doesn’t protect things like
names, titles and slogans; however, another legal right called a trademark might
protect those.
Trademark
A trademark is a word, slogan, symbol or design (example: brand name, logo)
that distinguishes the products or services offered by one person, group or
company from another. Generally, trademark law seeks to prevent confusion
among consumers about who provides or is affiliated with a product or service.
You can’t modify, translate, create derivative works of, or reverse
engineer our products or their components.
You can't use a domain name or URL in your username without our
prior written consent.
Permissions You Give to Us. As part of our agreement, you also give us
permissions that we need to provide the Service.
We do not claim control of your content, rather you control all of it, but
you grant us a license to use it.
Nothing is changing about your rights to your content. We do not claim
control of your content that you mint, post, play, own, sell on or through the
Service and you are free to sell your content to anyone else. In addition to
playing, buying holding content in your Owner’s Box. However, we need
certain legal permissions from you (known as a “license”) to provide the
Service. When you share, post, or upload content that is covered by
intellectual property rights (like photos or videos) on or in connection with
our Service, you hereby grant to us a non-exclusive, royalty-free,
transferable, sub-licensable, worldwide license to host, use, distribute,
modify, run, copy, publicly perform or display, translate, and create
derivative works of your content (consistent with your privacy and Artist Fan
application settings). This license will end when your content is deleted from
our systems. You can delete content individually or all at once by deleting
your account.
Permission to use your username, profile picture, and information
about your relationships and actions with accounts, ads, and
sponsored content.
Nothing stated herein shall give us permission to show your username,
profile picture, and information about your actions (such as likes) or
relationships (such as follows) next to or in connection with accounts, ads,
offers, and other sponsored content that you follow or engage ever.
You agree that we can download and install updates to the Service on
your device.
Additional Rights We Retain
If you select a username or similar identifier for your account, we may
change it if we believe it is appropriate or necessary (for example, if it
infringes someone's intellectual property or impersonates another user).
If you use content covered by intellectual property rights that we have and
make available in our Service (for example, images, designs, videos, or
sounds we provide that you add to content you create or share), we retain
all rights to our content (but not yours).
You can only use our intellectual property and trademarks or similar marks
as expressly permitted by and with our prior written permission.
You must obtain written permission from us or under an open source
license to modify, create derivative works of, decompile, or otherwise
attempt to extract source code from us.
Content Removal and Disabling or Terminating Your Account
We can remove any content or information you share on the Service if we
believe that it violates these Terms of Use, our policies, or we are permitted
or required to do so by law. We can refuse to provide or stop providing all or
part of the Service to you (including terminating or disabling your access to
the Artists Own Products immediately to protect our community or services,
or if you create risk or legal exposure for us, violate these Terms of Use or
our policies, if you repeatedly infringe other people's intellectual property
rights, or where we are permitted or required to do so by law. We can also
terminate or change the Service, remove or block content or information
shared on our Service, or stop providing all or part of the Service if we
determine that doing so is reasonably necessary to avoid or mitigate
adverse legal or regulatory impacts on us. If you believe your account has
been terminated in error, or you want to disable or permanently delete your
account, consult our Help Center. When you request to delete content or
your account, the deletion process will automatically begin no more than 30
days after your request. It may take up to 90 days to delete content after the
deletion process begins. While the deletion process for such content is
being undertaken, the content is no longer visible to other users, but
remains subject to these Terms of Use and our Privacy Policy. After the
content is deleted, it may take us up to another 90 days to remove it from
backups and disaster recovery systems.
Content will not be deleted within 90 days of the account deletion or content
deletion process beginning in the following situations:
where your content has been used by others in accordance with this
license and they have not deleted it (in which case this license will
continue to apply until that content is deleted); or
where deletion within 90 days is not possible due to technical
limitations of our systems, in which case, we will complete the deletion
as soon as technically feasible; or
where deletion would restrict our ability to:
investigate or identify illegal activity or violations of our terms and
policies (for example, to identify or investigate misuse of our
products or systems);
protect the safety and security of our products, systems, and
users;
comply with a legal obligation, such as the preservation of
evidence; or
comply with a request of a judicial or administrative authority, law
enforcement, or a government agency;
in which case, the content will be retained for no longer than is
necessary for the purposes for which it has been retained (the exact
duration will vary on a case-by-case basis).
If you delete or we disable your account, these Terms shall terminate as an
agreement between you and us, but this section and the section below
called "Our Agreement and What Happens if We Disagree" will still apply
even after your account is terminated, disabled, or deleted.
Our Agreement and What Happens if We Disagree
Our Agreement.
Your use of music on the Service is also subject to our Music Guidelines,
and your use of our API is subject to our Artists Own Terms of Use and
Developer Policies. If you use certain other features or related services, you
will be provided with an opportunity to agree to additional terms that will also
become a part of our agreement. For example, if you use payment features,
you will be asked to agree to the Community Payment Terms. If any of
those terms conflict with this agreement, those other terms will govern.
If any aspect of this agreement is unenforceable, the rest will remain in
effect.
Any amendment or waiver to our agreement must be in writing and signed
by us. If we fail to enforce any aspect of this agreement, it will not be a
waiver.
We reserve all rights not expressly granted to you.
Who Has Rights Under this Agreement.
Our past, present, and future affiliates and agents, including Artists Own
Corporation, can invoke our rights under this agreement in the event they
become involved in a dispute. Otherwise, this agreement does not give
rights to any third parties.
You cannot transfer your rights or obligations under this agreement without
our consent.
Our rights and obligations can be assigned to others. For example, this
could occur if our ownership changes (as in a merger, acquisition, or sale of
assets) or by law.
Who Is Responsible if Something Happens.
Our Service is provided "as is," and we can't guarantee it will be safe and
secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY
LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR
IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
AND NON-INFRINGEMENT.
We also don’t control what people and others do or say, and we aren’t
responsible for their (or your) actions or conduct (whether online or offline)
or content (including unlawful or objectionable content). We also aren’t
responsible for services and features offered by other people or companies,
even if you access them through our Service.
Our responsibility for anything that happens on the Service (also called
"liability") is limited as much as the law will allow. If there is an issue with
our Service, we can't know what all the possible impacts might be. You
agree that we won't be responsible ("liable") for any lost profits, revenues,
information, or data, or consequential, special, indirect, exemplary, punitive,
or incidental damages arising out of or related to these Terms, even if we
know they are possible. This includes when we delete your content,
information, or account. Our aggregate liability arising out of or relating to
these Terms will not exceed the greater of $100 or the amount you have
paid us in the past twelve months.
You agree to defend (at our request), indemnify and hold us harmless from
and against any claims, liabilities, damages, losses, and expenses,
including without limitation, reasonable attorney's fees and costs, arising out
of or in any way connected with these Terms or your use of the Service.
You will cooperate as required by us in the defense of any claim. We
reserve the right to assume the exclusive defense and control of any matter
subject to indemnification by you, and you will not in any event settle any
claim without our prior written consent.
How We Will Handle Disputes.
Except as provided below, you and we agree that any cause of action,
legal claim, or dispute between you and us arising out of or related to
these Terms or Artists Own ("claim(s)") must be resolved by
arbitration on an individual basis. Class actions and class arbitrations
are not permitted; you and we may bring a claim only on your own behalf
and cannot seek relief that would affect other Artists Own users. If there is a
final judicial determination that any particular claim (or a request for
particular relief) cannot be arbitrated in accordance with this provision's
limitations, then only that claim (or only that request for relief) may be
brought in court. All other claims (or requests for relief) remain subject to
this provision.
Instead of using arbitration, you or we can bring claims in your local "small
claims" court, if the rules of that court will allow it. If you don't bring your
claims in small claims court (or if you or we appeal a small claims court
judgment to a court of general jurisdiction), then the claims must be
resolved by binding, individual arbitration. The American Arbitration
Association will administer all arbitrations under its Consumer Arbitration
Rules. You and we expressly waive a trial by jury.
The following claims don't have to be arbitrated and may be brought in
court: disputes related to intellectual property (like copyrights and
trademarks), violations of our Platform Policy, or efforts to interfere with the
Service or engage with the Service in unauthorized ways (for example,
automated ways). In addition, issues relating to the scope and enforceability
of the arbitration provision are for a court to decide.
This arbitration provision is governed by the Federal Arbitration Act.
Before you commence arbitration of a claim, you must provide us with a
written Notice of Dispute that includes your name, residence address,
username, email address or phone number you use for your Artists Own
account, a detailed description of the dispute, and the relief you seek.
For any claim that is not arbitrated or resolved in small claims court, you
agree that it will be resolved exclusively in the U.S. District Court for the
Southern District of California or a state court located in Orange County.
You also agree to submit to the personal jurisdiction of either of these courts
for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or
inconsistent with federal law, will govern these Terms and any claim,
without regard to conflict of law provisions.
Unsolicited Material.
We always appreciate feedback or other suggestions, but may use them without
any restrictions or obligation to compensate you for them, and are under no
obligation to keep them confidential.
Updating These Terms
We may change our Service and policies, and we may need to make changes to
these Terms so that they accurately reflect our Service and policies. Unless
otherwise required by law, we will notify you (for example, through our Service)
before we make changes to these Terms and give you an opportunity to review
them before they go into effect. Then, if you continue to use the Service, you will
be bound by the updated Terms. If you do not want to agree to these or any
updated Terms, you can delete your account.
Effective Date: May 1 2024