The Software as a Service Agreement (the “Agreement”) set forth below is a legal agreement between you (the “Customer”) and The Artist Collective, LLC (“TAC” or the “Site”), a company duly organized and with its principal place of business in New Orleans, Louisiana. By way of accessing or using this Site, you are agreeing to be legally bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, do not use this Site.
SECTION 1 - The Services TAC Provides
Artists mean everything to us. That’s why we created TAC. A way to manage, organize, forecast, connect, and sell your brand. We firmly believe that a management platform should be more than a few features that merely treat the symptoms of the user’s pain points; it should solve the user’s fundamental problems and empower the user to take control of their success. TAC is committed to providing a Home for Artists of all kinds to live and flourish in.
To achieve these goals, TAC provides a suite of services geared toward both Brands and individual users alike.
SECTION 2 – DEFINITIONS
While most of the terms you encounter in this Agreement may be defined by their usual customary usage, others have meanings specific to TAC. The following is a list of terms that have specific definitions with respect to this Agreement.
Site – refers to any pages within TAC’s platform
Customer – any person that is utilizing TAC in any capacity, including, but not limited to, paid subscribers, Beta testers, Brand Members, and any third parties using TAC for any reason.
Content – all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted otherwise made available by way of the TAC Services
Personal Profile – A unique, individualized account specific to one user
Brand – A business account that provides the user full access to all the features, projects/events creation and management, automation (smart documents, workflows, templates library), permissions to invite other members to your brand to participate in events/projects, communication with other brand members (up to 15), financial projections/forecast for the brand.
Services – all of the features, accounts, documents, workflows, automation, information, tools, and other resources provided by TAC
Share – to email, post, transmit, stream, upload or otherwise make available (whether to us or other users) through your use of the Service
SECTION 3 - GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not use the Site to transmit any worms or viruses or any code of a destructive nature.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your content may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We do not collect credit card or banking information; we utilize a third party service for all financial transactions to ensure PCI compliance.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site or any contact on the Site, without express written permission by us.
You agree that you shall not engage in any prohibited conduct, as set forth in our PROHIBITED CONDUCT POLICY.
You may not modify, publish, transmit, reverse engineer, scrape data, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TAC content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TAC and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TAC or our licensors except as expressly authorized by these Terms.
A breach or violation of any of the Terms may result in an immediate termination of your account and right to use our Services. See the Suspension/Termination Policy for more information.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend or terminate your access to all or any part of our Site;
- Change, suspend or discontinue all or any part of our products or Site;
- Refuse, move, or remove any content that is available on all or any part of our Site;
- Deactivate or delete your accounts;
- Establish general practices and limits concerning the use of our Site.
You agree that we will not be liable to you or any third party for taking any of these actions.
Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Site or on any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or on any related Site, including without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Site or on any related Site, should be taken to indicate that all information on the Site or on any related Site has been modified or updated. Any information provided in error by a member of TAC support shall not give rise to an actionable offense against TAC, and TAC shall make all reasonable efforts to correct any such incorrect information as soon as practicable.
Testimonials presented on TAC are individual experiences, reflecting real life experiences of those individuals that have used TAC’s services. Testimonials are applicable to the individual(s) that provided them, and may not necessarily be representative of all of those who use TAC’s services.
SECTION 4 - CREATING AN ACCOUNT
In order to use TAC, you, as the Customer, must have or must obtain access to the World Wide Web, either directly or through devices that access Web-based Content. Customer must also provide all equipment necessary to make (and maintain) such connection to the World Wide Web.
Once you create an account with us, you are registered on the TAC Site. The terms “member,” “membership,” and “account” all refer to this registration as a member on TAC’s Site. If you are merely surfing or browsing through the Site and have not yet created an account, your use of the Site is still subject to this Agreement; if you do not agree to this Agreement, do not use the Site. If you permit another person to utilize your account for any purpose, you remain liable for any actions such individual takes while utilizing the Site.
When you create an account, you will provide a unique email address and set up a Personal Profile. By creating an account, you agree to accept emails (or other Electronic Communications) from TAC at the e-mail address you specify. You further agree that TAC may provide any and all required notices including legal notices to Customer through either e-mail (or other electronic transmission) or by mail.
We will also ask you to create a password. Because any activities that occur under your email, username or password are your responsibility it is important for you to keep your username and/or password secure. You may not assign or otherwise transfer your personal account to any other person or entity. You acknowledge that TAC is not responsible for third party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe that someone has used your username, email, or password without your authorization.
You agree that you shall not use a fake identity or impersonate any individual(s), group(s), or organization(s) for any reason on the Site, irrespective of whether the purpose is to mislead, confuse, or deceive others. Any user who is found to have violated this policy will be subject to termination or suspension from TAC, as set forth in the Termination or Suspension Policy.
If you assign a username to your personal account that is different from your legal name, or one that represents your Brand or is included in your Brand Slug, be advised that such usernames are not monitored by TAC for uniqueness within TAC and therefore such username may be utilized by another Member. TAC does have prohibitions regarding certain types of prohibited language with respect to usernames. See our Account Usernames and Display Names Policy for more information.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
- maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, The Artist Collective, LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of The Artist Collective, LLC Services, or any portion thereof.
SECTION 5 – SUBSCRIPTIONS AND PAYMENTS
You shall pay to TAC the subscription fee (the “Subscription Fee”) in the amount and for the duration that you selected and agreed to pursuant to the sign-up page for TAC. The Subscription Fees will remain fixed during the Subscription Term unless you (a) exceed the maximum number of Seats or Brands as defined in your Plan or (b) purchase additional Services, Seats or Brands.
We will automatically bill your credit card or alternative payment method on a set day of each billing period for payment of the Subscription Fee. Unless otherwise provided herein, all payment obligations are non-cancelable, and all amounts paid are non-refundable. Payment processing for all fees payable during the Subscription Term is provided by such third party payment processor as TAC may utilize from time to time (“Payment Processor”), and in order to proceed with payment for such fees you will be required to agree to certain Payment Processor terms and conditions. TAC does not collect or store your credit card information. By providing a credit card or other payment method accepted by TAC, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount due to TAC. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your access to the Subscription Services may be suspended or canceled. You must resolve any problem we or our Payment Processor encounters in order to maintain access to the Subscription Services.
Pre-release or Beta Version(s)
Please note that this is a beta version of the TAC platform which is still undergoing final testing before its official release. The Site, its software and all content found on it are provided on an ‘as is” and ‘as available” basis. TAC does not give any warranties, whether express or implied, as to the suitability or usability of the Site, its software or any of its content.
TAC will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the TAC platform, its software or content. Any downloading or uploading of material to the Site is done at the user’s own risk and the user will be solely responsible for any damage to any computer system or loss of data that results from such activities.
Should you encounter any bugs, glitches, lack of functionality or other problems on the website, please contact our support squad immediately so we can rectify these accordingly. Your help in this regard is greatly appreciated!
We may designate the Services or a feature as a prerelease or beta version (“Beta Version”). A Beta Version does not represent the final product and may contain bugs that may cause system or other failure and data loss. We may choose not to release a commercial version of the Beta Version. In exchange for your use of a Beta Version, you agree that TAC may collect data regarding your use of the Beta Version to improve our products and personalize your experience, regardless of whether or not you have opted-out of data collection for non-Beta Versions. If you do not wish to have your usage tracked, you must discontinue your use of the Beta Version. Any separate agreement we enter into with you governing the Beta Version will supersede these provisions.
SECTION 6 - CONTENT
Correctness of Information
All care is taken in the preparation of the information and published materials on this site, including map information, venue information, contact information, and third-party resources . TAC does not make any representations or give any warranties about the accuracy, reliability, completeness or suitability of these materials for any particular purpose. To the extent permissible by law, TAC will not be liable for any expenses, losses, damages (including indirect or consequential damages) or costs which might be incurred as a result of the information being inaccurate or incomplete in any way and for any reason. TAC may contain hypertext links, frames or other references to other parties and their websites. TAC cannot control the contents of those other sites, and makes no warranty about the accuracy, timeliness or subject matter of the material located on those sites.TAC does not necessarily approve of, endorse, or sponsor any content or material on such sites. TAC makes no warranties or representations that material on other websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world. If you have any concerns regarding the content of the Website, please contact TAC.
Contracts and Other Documents
We may make available through the Site sample forms, checklists, business documents and legal documents (collectively, “Documents”). TAC strives to keep its legal documents accurate, current and up-to-date. However, TAC cannot guarantee that all of the information contained within these Documents is completely current or that the Documents are necessarily appropriate for your particular circumstances. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. Furthermore, the legal information contained on the Site or in the Documents is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific issue, or if your issue and/or Document review needs are novel or complex, you should consult with legal counsel to determine the appropriate legal or business documents necessary for your particular transactions. Accordingly, all Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. Further, by Downloading or utilizing provided Documents, you agree that the Documents may only be used by you for your personal or business use and may not be sold or redistributed.
Documents sent through a Workflow or otherwise distributed by or through TAC’s Services may be executed via an e-signature, which shall have the same force and effect as a signature affixed by hand, unless specifically provided otherwise by law. The following are all examples of an electronic signature: Typed name, E-mail address, Scanned image of a signature, or an Automatic email signature. With respect to Documents sent through TAC’s Services, the User should ensure that the overall signing process is designed to clearly identify the reason for signing and clearly specify the actions to be taken by the signer to signify intent.
No Legal Advice or Attorney-Client Relationship
Information contained on or made available through the Site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. The Site and your use thereof does not create an attorney-client relationship. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk. You should not act or rely on any information on the Site without seeking the advice of a competent attorney licensed to practice in your jurisdiction for your particular problem.
Responsibility for Posted Content
As a user or member of the Site, you herein acknowledge, understand and agree that all information, text, software, data, photographs, music, video, messages, tags or any other content, whether it is publicly or privately posted and/or transmitted, is the expressed sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the TAC Services, and as such, we do not guarantee the accuracy, integrity or quality of such content. It is expressly understood that by use of our Services, you may be exposed to content including, but not limited to, content you may find personally objectionable as well as errors or omissions in posted content. Any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available by TAC is not the responsibility of TAC.
TAC may provide features that allow you to Share your Content with other users or to make it public. “Share” means to email, post, transmit, stream, upload or otherwise make available (whether to us or other users) through your use of the Service. Other users may use, copy, modify or re-share your Content in many ways. Please carefully consider what you choose to Share or make public as you are responsible for the Content that you Share. We do not monitor or control what others do with your Content. You are responsible for determining the limitations that are placed on your Content and for applying the appropriate level of access to your Content. It is your responsibility to let other users know how your Content may be Shared.
The Artist Collective, LLC is not obligated to, but nevertheless reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the Terms or which would otherwise be considered offensive to other visitors, users and/or members.
The Artist Collective, LLC reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
- compliance with any legal process;
- enforcement of the Terms;
- responding to any claim that therein contained content is in violation of the rights of any third party;
- responding to requests for customer service; or
- protecting the rights, property or the personal safety of The Artist Collective, LLC, its visitors, users and members, including the general public.
The Artist Collective, LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by The Artist Collective, LLC or any other content providers supplying content services to The Artist Collective, LLC. You are hereby prohibited from making any attempt to override or circumvent any of the security components or rules embedded in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
User Submitted Content
The Artist Collective, LLC shall not lay claim to ownership of any content submitted by any visitor, member, or user. However, in order to allow TAC to provide Services, you hereby grant and allow The Artist Collective, LLC the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- For the content consisting of photos, audio, video and/or graphics submitted or made available for inclusion on The Artist Collective, LLC’s Sites, license is provided to permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content on our network Services, for the purpose of providing and promoting the features to which this content was placed and/or made available for viewing.
- For any other content submitted or made available for inclusion on The Artist Collective, LLC’s sites, the continuous, binding and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium current used or later developed.
If you wish to opt out of the provisions in this section, you must do so in writing and such opting out shall be prospective only.
CONTRIBUTIONS TO COMPANY WEBSITE
The Artist Collective, LLC may provide an area for our User and members to contribute feedback to our website. When you submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you acknowledge and agree that:
- your contributions do not contain any type of confidential or proprietary information;
- TAC shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- TAC shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
- the contributor’s Contributions shall automatically become the property of TAC; and
- TAC is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
User Generated Content Disclaimer
All views and opinions expressed on the Site are those of the original author and/or the individual contributor(s) and do not necessarily reflect the views or opinions of TAC, its affiliates, or the individual owners or employees. The mere appearance of user generated content on the Site does not constitute an endorsement by TAC. TAC expressly disclaims any content on its Site that is intended to malign any individual or group and requests to be notified in the event any such information is found on the Site
SECTION 7 - LINKS
TAC or third parties may provide links to other websites and/or resources. These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by TAC of any of the products, services or opinions of the corporation or organization or individual. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. TAC bears no responsibility for the accuracy, legality, or content of the external site or for that of subsequent links. Contact the external site for answers to questions regarding its content.
Furthermore, you acknowledge and agree that The Artist Collective, LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 8 – TRANSMISSION OF DATA
You understand that the technical processing and transmission of your Electronic Communications is fundamentally necessary to your use of the Service. Therefore, you expressly consent to TAC’s interception and storage of Electronic Communications and/or Customer Data, and you acknowledge and understand that your Electronic Communications will involve transmission over the internet, and over various networks, only part of which may be owned and/or operated by TAC. You acknowledge and understand that changes to your Electronic Communications may occur in order to conform and adapt such data to the technical requirements of connecting networks or devices.
SECTION 9 – PROGRAM SUPPORT
TAC will make commercially reasonable efforts to promote your successful use of the Service, including but not limited to maintenance and support of the Base Components, providing Customer with guides, on-line help, and product support.
TAC may also offer “for fee” extended support options and Professional Services consultation, which services may include, among other things, training services, business process consulting, submission processing support, submission migration services and system configuration.
SECTION 10 – MODIFICATIONS/ MAINTENANCE
TAC reserves the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof. Notwithstanding the foregoing, except for routinely scheduled down time, or as otherwise provided in this Agreement, TAC shall use commercially reasonable efforts to notify Customer prior to any such modification; further, TAC shall consider the Customer’s needs and requirements in connection with any modification of the Service. Customer acknowledges that TAC reserves the right to discontinue offering the Service at the conclusion of Customer’s then current Term. Customer agrees that TAC will not be liable to Customer or any third party for any modification or discontinuance of the Service as described in this Section.
In order to perform maintenance, including infrastructure and application upgrades, there will be routinely scheduled down time. TAC will notify you at least twenty-four hours in advance of any such scheduled maintenance. In the event that TAC, in its sole discretion, determines that any unscheduled maintenance is necessary, TAC will use commercially reasonable efforts to notify Customer as soon as it becomes aware of such need.
SECTION 11 - CONDUCT
We ask that you treat everyone utilizing TAC with courtesy and respect, including TAC’s customer support staff and other users. You agree that you shall not use TAC to engage in any prohibited conduct, as set forth in our PROHIBITED CONDUCT POLICY.
You are responsible for all activity that occurs via your account even if that activity is not by you or is without your knowledge or consent. Please notify Customer Support immediately if you become aware of any unauthorized use of any password or account or any other known or suspected breach of security or any known or suspected distribution of Customer Data. You may not (A) share your account information (except with an authorized account administrator), whether intentionally or unintentionally; or (B) use another person’s account. Your account administrator may use your account information to manage your use and access to the Service.
SECTION 12 – SUSPENSION/TERMINATION
As a member of TAC, you may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to TAC.
As a member, you agree that The Artist Collective, LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. A nonexclusive list of causes for such termination is contained without our Suspension/Termination Policy.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with TAC shall include any and/or all of the following:
a) the removal of any access to all or part of the Services offered within TAC;
b) the deletion of your password and any and all related information, files, and any such content that may be associated with or inside your account, or any part thereof; and
c) the barring of any further use of all or part of our Services.
SECTION 13 – CONFIDENTIAL INFORMATION
Each party may have access to information that is confidential to the other party (“Confidential Information”). For purposes of this Agreement, Confidential Information shall include any information that is clearly identified in writing at the time of disclosure as confidential as well as any information that, based on the circumstances under which it was disclosed, a reasonable person would believe to be confidential. See our Confidential Information Policy for more details.
SECTION 14 - INDEMNITY
All users and/or members agree to insure and hold The Artist Collective, LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit, post, modify, transmit or otherwise make available through our Services, the use of TAC Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
Customer will indemnify, defend and hold harmless TAC, its affiliates, successors, and assigns, including the applicable officers, directors, employees, and agents thereof for damages, costs and attorneys’ fees TAC incurs from any unaffiliated third-party claim arising from Customer’s Content or Customer’s or any end user’s use of the Services.
SECTION 15 - PROPRIETARY RIGHTS
You do hereby acknowledge and agree that The Artist Collective, LLC’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by The Artist Collective, LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on The Artist Collective, LLC Services (e.g. Content or Software), in whole or part.
The Artist Collective, LLC hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the Service, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Service. Furthermore, you do herein agree not to make any attempt to obtain unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by The Artist Collective, LLC for use in accessing our Services.
SECTION 16 – WARRANTIES AND DISCLAIMERS
Warranty of Functionality
TAC warrants to Customer during the Term of this Agreement that the Service will comply with the material functionality described herein and that such functionality will be maintained in all material respects in subsequent upgrades to the Service. Customer’s sole and exclusive remedy for TAC’s breach of this warranty shall be that TAC shall use commercially reasonable efforts to correct such errors or modify the Service to achieve the material functionality within a reasonable period of time. TAC shall have no obligation with respect to this warranty claim, and Customer may not terminate the Agreement, where any alleged nonconformity is due to User error as reasonably determined by the parties after investigation and analysis by TAC’s Product Support Center. TAC does not warrant that the Service will be free of non-material errors, bugs, or minor interruption, or that all such errors will be corrected.
EXCEPT AS OTHERWISE STATED ABOVE, TAC DOES NOT REPRESENT THAT CUSTOMER’S USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR FREE, OR THAT THE SERVICE WILL MEET CUSTOMER REQUIREMENTS OR THAT ALL ERRORS IN THE SERVICE AND/OR DOCUMENTATION WILL BE CORRECTED OR THAT THE SYSTEM THAT MAKES THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THE SERVICE WILL OPERATE IN COMBINATION WITH OTHER HARDWARE, SOFTWARE, SYSTEMS OR DATA NOT PROVIDED BY TAC OR THE OPERATION OF THE SERVICES WILL BE SECURE OR THAT TAC AND ITS THIRD PARTY TACS WILL BE ABLE TO PREVENT THIRD PARTIES FROM ACCESSING CUSTOMER DATA OR CUSTOMER’S CONFIDENTIAL INFORMATION, OR ANY ERRORS WILL BE CORRECTED OR ANY STORED CUSTOMER DATA WILL BE ACCURATE OR RELIABLE. THE WARRANTIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY TAC. THERE ARE NO OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE IS PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND IS FOR COMMERCIAL USE ONLY. CUSTOMER ASSUMES ALL RESPONSIBILITY FOR DETERMINING WHETHER THE SERVICE OR THE INFORMATION GENERATED THEREBY IS ACCURATE OR SUFFICIENT FOR THE CUSTOMER’S PURPOSE.
SECTION 17 - LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT THE ARTIST COLLECTIVE, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 18 - RELEASE
In the event you have a dispute, you agree to release The Artist Collective, LLC(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 19 - INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of The Artist Collective, LLC trademarks, copyright, trade name, service marks, and other The Artist Collective, LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of The Artist Collective, LLC. You herein agree not to display and/or use in any manner The Artist Collective, LLC’s logo or marks without obtaining The Artist Collective, LLC’s prior written consent.
The Artist Collective, LLC will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, The Artist Collective, LLC may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Artist Collective, LLC’s Registered Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Laura Cline, Esq.
2540 Severn Ave., Ste. 400
Metairie, LA 70002
SECTION 20 - COMPLIANCE
Customer agrees to comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with its use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data. Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries.
SECTION 21 - ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between you and The Artist Collective, LLCand shall govern the use of our Services, superseding any prior version of this Agreement between you and us with respect to The Artist Collective, LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other The Artist Collective, LLC Services, affiliate Services, third-party content or third-party software.
SECTION 22 - CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and The Artist Collective, LLC with regard to the Agreement that the relationship between the parties shall be governed by the laws of the state of Louisiana without regard to its conflict of law provisions and that any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and The Artist Collective, LLC, shall be filed within the courts having jurisdiction within the County of Orleans, Louisiana or the U.S. District Court located in said state. You and The Artist Collective, LLC agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
SECTION 23 - WAIVER AND SEVERABILITY OF TERMS
At any time, should The Artist Collective, LLC fail to exercise or enforce any right or provision of the Agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
SECTION 24 - NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your personal data and/or contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 25 - STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the Agreement must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
SECTION 26 - VIOLATIONS
Please report any and all violations of this Agreement to The Artist Collective, LLC as follows:
The Artist Collective, LLC
New Orleans, Louisiana