Artuvi Inc. – Terms and Conditions
Effective Date: December 6th, 2024
Welcome to Artuvi Inc. (“Artuvi,” “we,” “our,” or “us”). By signing up for and using our services, including accessing the website or mobile application (“Platform”), you agree to comply with these Terms and Conditions. During the registration process, you will be asked to check a box indicating your agreement to these Terms. If you do not agree to these terms, you are not authorized to use the Platform.
1. Acceptable Use of the Platform
By using Artuvi, you agree to abide by the following rules regarding content that can be posted:
- Political Content: Users are prohibited from posting content related to politics. This includes, but is not limited to, political opinions, party endorsements, and political advertisements.
- Self-Promotion: Users are not allowed to post content that promotes their personal work, brand, name, or any business interests, including links to external websites or sales platforms. The Platform is for collaboration, commissioning, and work-finding purposes only.
- Hate Speech: Content that promotes or contains hate speech, discrimination, harassment, or any form of offensive behavior targeting individuals or groups based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected status is strictly prohibited.
- Irrelevant Content: Users may not post content that is unrelated to the purpose of the Platform, which is to commission or find work from other users. Posts should focus on artistic projects, collaborations, and job opportunities within the arts community.
You may not use the Platform for any unlawful purpose or engage in any activity that could harm, disrupt, or interfere with the functionality of the Platform. This includes, but is not limited to:
- Spamming
- Phishing
- Fraudulent activities
- Impersonating another person or entity
2. User Conduct
As a user of Artuvi, you agree to behave respectfully and professionally. You are responsible for the content you post, and you must ensure that it complies with the rules outlined in this Agreement. Any breach of these rules may result in your content being removed and your account being suspended or terminated.
3a. Liability Disclaimer
Artuvi provides a platform solely for users to connect for the purposes of commissioning or finding work. Artuvi is not involved in, nor is it responsible for, any interactions, transactions, or agreements between users. By using the Platform, you acknowledge and agree that:
- Artuvi is not liable for any disputes, damages, losses, or other issues arising from interactions between users, including but not limited to collaborations, commissions, contracts, or any other exchanges.
- Any agreements made, whether formal or informal, between users are solely between the users involved, and Artuvi has no involvement or responsibility in enforcing, managing, or resolving such matters.
- Artuvi does not guarantee the accuracy, legality, or quality of the work exchanged through the Platform. The Platform is not a party to any transactions, and Artuvi does not endorse or guarantee any content or user conduct.
- Artuvi is not responsible for any content posted by users, nor for the consequences of users’ actions related to the use of the Platform.
By continuing to use Artuvi, you agree to release Artuvi from any and all liability related to your use of the Platform.
3b. Data Breach and Security
While Artuvi takes reasonable steps to protect your personal information through security measures, including encryption and secure access protocols, we cannot guarantee that unauthorized third parties will never be able to defeat these security measures or use your personal information for improper purposes.
Artuvi is not liable for any data breach, hack, or unauthorized access to your personal data or any other security incidents that may occur, whether or not they are within our control. By using the Platform, you acknowledge and accept the inherent risks of transmitting data over the internet and agree that Artuvi will not be held responsible for any loss, damage, or unauthorized access to your personal information resulting from a security breach.
If a breach or compromise of security occurs, Artuvi will promptly notify users to the extent required by applicable laws, but we disclaim any liability for damages, losses, or unauthorized access to user information.
4. Intellectual Property Rights
- Ownership of Content: You retain ownership of any content you post on the Platform, but by doing so, you grant Artuvi a non-exclusive, worldwide, royalty-free license to use, display, and distribute your content for the purpose of operating the Platform.
- User-Generated Content: You represent and warrant that you own or have the necessary rights to use and post any content you upload to the Platform, and that your use of such content does not infringe any intellectual property rights.
5. Privacy and Data Use
- Data Collection: Artuvi collects personal data as part of the registration and use of the Platform. By using the Platform, you consent to the collection and use of your data in accordance with our Privacy Policy, which is available on our website.
- Third-Party Services: The Platform may integrate third-party services that may collect and use personal data. By using the Platform, you consent to the data collection and processing practices of these third-party services.
6. Account Security and Responsibilities
- Account Responsibility: You are responsible for maintaining the confidentiality of your account information, including your password, and for all activities that occur under your account.
- Account Suspension/Termination: Artuvi reserves the right to suspend or terminate any account or post at its sole discretion if it determines that the account or post has violated these Terms and Conditions, engaged in illegal activities, or harmed the Platform or other users.
7. Disclaimer of Warranties
The Platform is provided “as-is” and “as-available,” without any warranties of any kind, express or implied, including but not limited to the warranty of merchantability, fitness for a particular purpose, or non-infringement. Artuvi does not guarantee that the Platform will be available, error-free, or free of harmful components.
8. Indemnification
You agree to indemnify, defend, and hold harmless Artuvi, its officers, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or in connection with your use of the Platform, your content, or your violation of these Terms.
9. Dispute Resolution
Any disputes arising from these Terms and Conditions shall be resolved through binding arbitration in New York, under the rules of the American Arbitration Association. These Terms shall be governed by the laws of the State of New York.
10. Force Majeure
Artuvi shall not be held liable for any failure or delay in the performance of its obligations due to causes beyond its reasonable control, including but not limited to acts of God, war, natural disasters, power failures, or government actions.
11. Changes to the Platform
Artuvi reserves the right to modify, suspend, or discontinue any features or aspects of the Platform at any time, with or without notice.
12. No Resale or Transfer
You may not resell, transfer, or commercially exploit the Platform or any part of it, except as expressly authorized by Artuvi.
13. Modifications to Terms
Artuvi reserves the right to modify these Terms and Conditions at any time. Any changes will be posted on the Platform, and your continued use of the Platform following such changes will constitute your acceptance of the revised Terms and Conditions.
14. Account Suspension and Termination
Artuvi reserves the right to suspend or terminate any account that violates these Terms and Conditions. Users may report violations by contacting Artuvi’s support team.
15. Governing Law
These Terms and Conditions are governed by the laws of the State of New York, without regard to its conflict of laws principles.
16. Contact Information
If you have any questions or concerns regarding these Terms and Conditions, please contact us at [email protected].
17. Right to Remove Content
Artuvi reserves the right, but is not obligated, to monitor and remove any content that violates these Terms and Conditions or is deemed harmful, offensive, or inappropriate at its sole discretion.
18. Platform Availability and Maintenance
Artuvi makes no guarantee that the Platform will be available at all times and reserves the right to perform maintenance, updates, or modifications that may result in temporary unavailability of the Platform.
19. Third-Party Links
The Platform may contain links to third-party websites or services. Artuvi is not responsible for the content or practices of these third-party sites. We encourage you to review the terms and privacy policies of any external websites before interacting with them.
20. No Waiver
The failure of Artuvi to enforce any provision of these Terms and Conditions does not waive its right to enforce such provision or any other provision in the future.
21. Entire Agreement
These Terms and Conditions constitute the entire agreement between you and Artuvi regarding your use of the Platform and supersede any prior agreements or understandings, whether written or oral, regarding the subject matter.
22. Severability
If any provision of these Terms and Conditions is determined to be unenforceable or invalid, the remaining provisions will continue in full force and effect.
23. Non-Affiliation with Colleges
Artuvi is not endorsed by, affiliated with, or otherwise associated with any of the colleges or institutions featured on the Platform, including but not limited to Berklee College of Music, Boston Conservatory, Massachusetts College of Art and Design, and Emerson College. These institutions are listed solely for the purpose of identifying the user base that Artuvi serves.
24. Termination of Service
Artuvi may suspend or terminate your access to the Platform at any time, with or without notice, if you violate these Terms and Conditions. You may terminate your account via your profile page. Upon termination, all rights granted to you will immediately cease, and you agree to discontinue using the Platform.
