Terms of Service

Last updated: August 01, 2021

Welcome to Artists Clubhouse a place to get creatively inspired with a group of likeminded people, operated by Artists Clubhouse CIC.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

Account means a unique account created for You to access our Service or parts of our Service.
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Artists Clubhouse CIC, 3 Lansdowne Street, Worcester, WR1 1QD.
Content means any files or data You upload to the Website.
Country refers to: United Kingdom
Device means any device that can access the Service such as computers, phones, connected TVs and other web-connected devices.
Personal Data is any information that relates to an identified or identifiable individual.
Service refers to the Website.
Service Provider means any natural or legal person who processes the data on behalf of the Company. It refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide the Service on behalf of the Company, to perform services related to the Service or to assist the Company in analysing how the Service is used.
Usage Data refers to data collected automatically, either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).
Website refers to Artists Clubhouse, accessible from https://www.artistsclubhouse.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Changes

As Our Service evolves, we may update our Terms of Service from time to time.

We will make you aware of any significant changes by sending a notice to the email address connected to your Artists Clubhouse user account.

You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Who May Use Our Service

You may use Our Service only if you agree to form a binding contract with Us and are not a person barred from receiving services under the laws of the applicable jurisdiction.

If you are entering into the Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms of Service. If you do not have such authority, you must not accept the Terms of Service or use Our Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms of Service.

If you do not agree to the Terms of Service, as well as Our Privacy Policy and Our Community Guidelines you may not use Our Service.

You must be at least thirteen years old (13) to access or use the Services. Any use or access to the Services by anyone under thirteen (13) is prohibited and in violation of this Agreement.

If you are above 13 years old but under 18 years old, you may use the Service only with the express approval of your parent or guardian.

You must also be old enough to consent to the processing of your personal data in your own country.

Your Content

You are responsible for Your use of Our Service and for any Content you provide, including compliance with applicable laws, rules, and regulations.

Please do not submit or display anything on Our Service that you are not comfortable sharing with others.

We reserve the right to remove Content that violates the User Agreement, including for example, copyright or trademark violations or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment.

Your Rights and Grant of Rights in the Content

We claim no ownership right over User Content You submit, post or display on Our Service. The User Content that you create, share, upload or otherwise make available through the Service remains yours.

By submitting, posting or displaying Content on or through the Services, you grant Us a limited, royalty-free, sublicensable, transferable, perpetual, irrevovable, non-exclusive, worldwide liceense to use, reproduce, modify, publish, distribute, syndicate, publicly perform, publicly display, make derivative works of, list information regarding, or otherwise use your User Content, including (without limitation) your name and/or likeness as it is container within you User Content, in whole or in part, and in any form, media or technology, now known or later developed, and without any further approval or consent from or payment to you or any other person.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions and/or authority necessary to grant the rights granted herein for any Content that you submit, post or display on Our Service. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Us the license described above.

This license is not being used to sell your User Content to third parties or otherwise profit off of your User Content in any way unrelated to Us providing and promoting Our Services.

Community Guidelines

You must also adhere to our Community Guidelines, which are incorporated into these terms. We recommend that you read through them to understand and agree on the expected behaviour of our Users. Artists Clubhouse will take necessary action if you do not follow these rules.

Using the Service

The Service may change from time to time at our descretion. We may remove or refuse to distribute any Content on the Service, limit distribution or visibility of any Content on the Service, suspend or terminate users without liability to you.

Any new features or tools which are added shall also be subject to these Terms of Service.

We also retain the right to create limits on use and storage at our sole discretion at any time.

You agree not to misuse Our Service, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Service:

Systematically retrieve data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Us.
Trick, defraud, or mislead Us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Service, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Service and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in Our opinion, Us and/or Our Service.
Use any information obtained from the Service in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Service in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Service.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Service.

Your Account

You may need to create an account to use some of our Services. You agree to keep your password confidential and will be responsible for all use of your account and password, We cannot and will not be liable for any loss or damage arising from Your failure to comply with the above. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Your License to Use the Service

We give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Service. This license has the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Us, in the manner permitted by these Terms of Service.

Nothing in the Terms gives you a right to use the Our name or any of the Our trademarks, logos, domain names, other distinctive brand features, and other proprietary rights.

All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Us and Our licensors.

You agree that any feedback, questions, comments, suggestions, ideas, or other information regarding the Service provided by You to Us is entirely voluntary and non-confidential and We will be free to use such feedback, questions, comments, suggestions, ideas, or other information as we see fit and without any obligation to you.

Ending These Terms

You may end your legal agreement with Us at any time by deactivating your accounts and discontinuing your use of Our Service.

We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to:

Corrections

There may be information on the Service that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Service at any time, without prior notice.

Disclaimer

THE SERVICE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE’S CONTENT OR THE CONTENT OF ANY WEBSERVICES LINKED TO THE SERVICE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE, ANY HYPERLINKED WEBSERVICE, OR ANY WEBSERVICE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ARTISTS CLUBHOUSE, ITS AFFILIATES, AGENTS, HOSTS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER INCURRED DIRECTLY OR INDIRECTLY AND INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO ANY:

USE OF, OR INABILITY TO USE, ARISTS CLUBHOUSE SERVICE AND ANY WEBSITES THAT ARE LINKED TO OR FROM IT;
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE;
UNAUTHORISED ACCESS (RESULTING FROM HACKING, TAMPERING OR OTHER) TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN;
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE;
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY;
ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR
USER CONTENT OR THE DEFAMATORY, HARASSING, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

THE LIMITATION OF LIABILITY IN THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, REPRESENTATION, OMISSION, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARTISTS CLUBHOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

THIS INCLUDES, BUT IS NOT LIMITED TO, THE LOSS OR DAMAGE OF YOUR INCOME OR REVENUE; SALARY, BENEFITS OR OTHER PAYMENTS; BUSINESS; PROFITS OR CONTRACTS; OPPORTUNITY; BUSINESS INTERRUPTION; ANTICIPATED SAVINGS; DATA; GOODWILL OR REPUTATION; TANGIBLE PROPERTY; WASTED MANAGEMENT OR OFFICE TIME; INTANGIBLE PROPERTY, INCLUDING LOSS, CORRUPTION OR DAMAGE TO DATA OR ANY COMPUTER SYSTEM, HARDWARE, SOFTWARE OR ANY PERSONAL PROPERTY LOSS OR ANY OTHER LOSSES, RESULTING FROM YOUR ACCESS, USE OR NON-USE OF THE SERVICE. We strongly recommend that you (i) take care to verify the suitability and compatibility of your devices before use, (ii) take reasonable precautions to protect yourself against harmful programs or devices including through installation of anti-virus software.

Nothing in this Agreement limits or excludes a Artists Clubhouse's liability for death or personal injury arising from negligence, fraudulent misrepresentation, and/or any other liability which cannot be excluded or limited under applicable law; and only if we have failed to carry out our obligations under these Terms to a reasonable standard, or breached any duties imposed on us by law, including if we have caused death or personal injury by our negligence, and that failure is not attributed to:

your own fault, for example your failure to implement recommendations previously advised by us,
a third party unconnected with our performance of this Agreement, for instance problems due to communication network performance of this agreement, congestion, and connectivity, or the performance of your computer equipment; or
any other events which neither we or our suppliers could have foreseen or forestalled even if they had taken reasonable care.

IN RELATION WITH THE ABOVE, THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN NO EVENT WILL ARTISTS CLUBHOUSE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ARTISTS CLUBHOUSE IN THE LAST THREE (3) MONTHS, OR, IF GREATER, ONE HUNDRED GREAT BRITISH POUNDS (£100).

The Service is controlled and operated from facilities in the United Kingdom. Artists Clubhouse makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United Kingdom and local laws and regulations. You may not use the Service if you are a foreign person or entity blocked or denied by the United Kingdom government.IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Governing Law, Eenglish Exclusive Jurisdiction And Class Action/Jury Trial Waiver

READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO RESOLVE THEIR DISPUTES UNDER THE ENGLISH LAW AND ENGLISH EXCLUSIVE JURISDICTION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ARTISTS CLUBHOUSE.

Governing Law

You agree that:

the Service shall be deemed SOLELY BASED IN THE UNITED KINGDOM
the Service shall be deemed a passive one that does not give rise to PERSONAL JURISDICTION OVER US, EITHER SPECIFIC OR GENERAL, IN JURISDICTIONS OTHER THAN UNITED KINGDOM;
THIS AGREEMENT, ITS SUBJECT MATTER, INTERPRETATION AND ITS FORMATION SHALL BE GOVERNED BY THE ENGLISH LAW;
Notwithstanding the preceding sentences with respect to the SUBSTANTIVE LAW, anyDISPUTE RESOLUTION OR LEGAL PROCEEDING conducted pursuant to the terms of this Agreement, SHALL BE GOVERNED BY THE ENGLISH LAW.

Conciliation

In case of a disagreement between you and Artists Clubhouse, you agree to first contact us at help@artistsclubhouse.com in order to inform us of a dispute you might have and try to resolve it with us. As a result, in case of a claim, dispute, or controversy between the Parties on the subject matter, formation, application, interpretation or performance of this Agreement and PRIOR TO ANY LITIGATION PROCEDURE, each Party undertakes to designate a person duly authorised to search for AN AMICABLE SOLUTION IN GOOD FAITH TO ENTER INTO A CONCILIATION PROCEDURE.

These persons shall meet at the initiative of the most diligent Party, within thirty (30) days, from receipt of the letter requesting a conciliation meeting. The Party taking the initiative of conciliation should set the agenda. The decisions, if they are MADE BY COMMON AGREEMENT, will have contractual value and will constitute a SETTLEMENT BETWEEN THE PARTIES ON THE SUBJECT MATTER OF THE DISPUTE.

In the absence of an amicable agreement between the Parties, within a period of sixty (60) days following the conciliation meeting, the dispute shall be referred to and finally resolved by EXCLUSIVE JURISDICTION OF THE COMPETENT ENGLISH COURTS ON AN INDIVIDUAL BASIS. The legal proceeding shall take place in London, ENGLAND and be conducted in ENGLISH language.

Exclusive Jurisdiction of English Courts

In the unlikely event that Artists Clubhouse and you have not been able to resolve a dispute it has with you after sixty (60) days, WE EACH HERETO IRREVOCABLY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE ENGLISH COURTS IN RESPECT TO ANY DISPUTE OR LEGAL PROCEEDINGS IN RESPECT OF THIS AGREEMENT AND ANY MATTER ARISING THEREUNDER, INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS.

YOU AGREE TO SUBMIT TO THE PERSONAL JURISDICTION OF THE ENGLISH COURTS LOCATED IN LONDON, ENGLAND for any actions for which WE RETAIN THE RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF in a court of competent jurisdiction to PREVENT THE ACTUAL OR THREATENED INFRINGEMENT, MISAPPROPRIATION OR VIOLATION OF A OUR COPYRIGHTS, TRADEMARKS, TRADE SECRETS, PATENTS, OR OTHER INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, INCLUDING ANY PROVISIONAL **RELIEF REQUIRED TO PREVENT IRREPARABLE HARM.

YOU AGREE THAT LONDON, ENGLAND IS THE PROPER FORUM FOR ANY APPEALS OF TRIAL COURT PROCEEDINGS OR ANY OTHER DISPUTE RESOLUTION PROCEEDING.

Class Action and Jury Trial Waiver

YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND PROM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ACTION IN ANY JURISDICTION, AND, UNLESS WE AGREE OTHERWISE, THE JUDGE MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS.