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artst Terms of Use

Read up on the terms and conditions for using the artst platform.

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About us and the Service

We are building a membership platform for independent musical artists (“Artists”) and their fans (“Members”). 

Our digital technology platform, our website (“Website”) and software application for mobile devices (“App.”) (together the “Service”) provide:

  • Members an exclusive multi-media experience; and 
  • Artists an opportunity to generate consistent revenue and effectively engage with Members.

Artists can upload content (“Artist Content”) and use other tools and functionality we provide from time to time, to engage with and grow their community of Members. Artists determine the benefits and pricing for their Members who subscribe monthly to access Artist Content and interact with the Artist’s community.

The Website and App. are owned and managed by ARTST APP LTD (Company number 12501735), a private limited company registered in the United Kingdom (“we”, “us” or “our”). Learn more about us here.

Discrete elements of our digital platform may be provided by third party service providers with whom we are contracted from time to time (“Service Partners”). 

 

Our agreement

By browsing and/or using the Website or downloading the App. you unconditionally agree to comply with and be bound by these terms and conditions of usage (“Terms”). 

By using any element of our digital platform provided by our Service Partners, you unconditionally agree to comply with and be bound by the relevant Service Partner’s terms and conditions of usage (“SP Terms”). Our Service Partners and corresponding SP Terms can be found in the Service Partner section set out below.

If you disagree with any of the Terms or SP Terms (together the “Service Terms”) you should not use the Website and/or you should delete the App.

Please check the Service Terms regularly, which can be updated at any time without notice.

You agree to any changes in the Service Terms if you continue to use the Website and/or App. after Service Terms have been updated.

Our App. uses cellular and/or Wi-Fi functionality in your personal device to synchronise the App. and Website content and functions. We will not be responsible for and you relinquish and waive any claims against us for any:

  • carrier and/or data charges you may incur when using the Service; and
  • access to our Service being denied or degraded because of your device or any act or omission by your carrier, communications service provider or other person.

 

Service Partners

Our Service Partners and links to their corresponding SP Terms are set out below:

Stripe: https://stripe.com/en-gb/ssa

YouTube: https://www.youtube.com/static?template=terms

Discord: https://discord.com/terms

Mixpanel: https://mixpanel.com/legal/terms-of-use/

 

Service access and usage

You agree to use the Service solely for purposes that are lawful in England and Wales and the legal jurisdiction in which you access the Service from time to time (“Applicable Laws”). In particular, you must comply with all Applicable Laws and not use our Service in any way that infringes anyone’s rights, inhibits the Service or inhibits anyone’s use or enjoyment of the Service.

Should we reasonably determine you have contravened the Service Terms, or your device has been used in a manner that does so, we may immediately and without notice modify or suspend your access to the Service for such period as we may in our absolute discretion determine, and/or terminate and close your account.

We can modify and/or remove any content the Service may host or provide access to from time to time (“Content”), without prior notice.

 

For Artists

To access and use the Service you must first create an account with us on the Website.

At the time you open your account we:

  • provide an overview of our account options, the potential benefits of options offered and optional settings through which you can manage your account and your engagement with us, Service Partners and Members; and
  • will link you to our preferred Service Partner who will manage, amongst other things, payments collected from Member subscriptions (“Payment Provider”), which the Payment Provider will then allocate to you and us as we agree.

When you create your account you must prove to us who you are and provide us the information we request. The information you provide must be true, accurate and complete and must not be misleading or deceptive. You must immediately update your account should any information you have provided require modification to comply with the Service Terms.

You may close your account at any time by giving us written notice. We may close your account after giving you thirty (30) calendar days’ notice in writing of our intention to do so. At our discretion, we may also immediately modify, suspend or terminate your account if you contravene the Service Terms.

Subject to you successfully creating an account with us, the Service will permit you to upload specific content via our Website or App. Permissible content may include audio files, video files, live streams, text posts, uniform resource locators (“URLs”) and such other content we expressly approve or notify in writing from time to time. Your content must comply with such formats and/or standards as we or our Service Partners may require and/or notify.

Without our express written permission, you must not at any time upload any content, including content accessible via URLs, unless the content is solely created and/or owned by you. In particular, you must not upload any content unless you created and/or own all intellectual property rights and moral rights (“IPR”) in and to the relevant content and/or you have procured relevant and appropriate third party consents and/or releases (“Releases”).

Should we receive any claim from a third party concerning your purported contravention of IPR and/or failure to procure or maintain Releases (“IPR Claims”), we will inform you as soon as is practicable. We may, in our absolute discretion and without prior notice, immediately suspend access to any content or URL you have uploaded that is the subject of any IPR Claims until we are satisfied the dispute has been permanently resolved. We will not accept any claims from you for any loss or damage for our actions responding to any IPR Claims and you relinquish and waive any such rights you may have concerning our actions.

You indemnify us, our officers, employees, shareholders and Service Partners (“Indemnified Parties”) and agree to keep all of the Indemnified Parties indemnified from and against: 

  • any and all third party claims concerning and/or related to information you provide us from time to time that is false, inaccurate, incomplete, misleading and/or deceptive; and
  • IPR Claims. 

You agree to pay the Indemnified Parties on demand all the costs and fees they incur and the damages they suffer as a consequence of IPR Claims made against them (“Indemnity Payments”).

You agree we or our Payment Provider may immediately deduct Indemnity Payments from such amounts the Payment Provider may collect for you from time to time and account to the Indemnified Parties for corresponding Indemnity Payments.

Concerning the content you upload on the Service from time to time, you grant us and our Service Partners permission and licence (“Authorisation”), without charge or royalty of any kind, to:

  • host and/or provide access to the content on and via the Service;
  • permit Members to access and view the content via the Service;
  • collect and maintain data concerning your content and Member interactions and to perform numerical analysis, quantitative analysis, statistical analysis and such other analysis as we in our absolute discretion may consider appropriate from time to time (“Analytics”);
  • market and/or promote your content on and via the Service and such other mediums and markets as we may in our absolute discretion decide from time to time; 
  • create montages of content you upload from time to time and combine your content with content uploaded by other Artists (collectively “Montages”) for the purposes of marketing and/or promoting the Service, Artists and Artist content; and
  • generate revenues from your content as we may expressly agree in writing from time to time.

Your Authorisation is irrevocable and shall be effective from the date your account with us is opened until the same account is closed or terminated.

You agree neither we nor our Service Partners have any responsibility for monitoring or prosecuting any third party contravention of your IPR. At your request and cost, however, we will provide you such assistance as we can reasonably provide.

All IPR in and to the Analytics is solely owned by us. You irrevocably assign to us any rights you may have concerning the Analytics.

We or our nominated Service Providers will provide you access to the Analytics and we will work with you and the Analytics to improve the marketing and/or promotion of your content and the Service. You are non-exclusively licensed to use and share the Analytics for your content until your account is closed or terminated.

In consideration for us providing you access to the Service, you agree the Payment Provider:

  • may charge Members subscribing to your content, the monthly subscription fee that you nominate (“Subscriptions”);
  • will account to you for 80% of the Subscriptions in accordance with the Payment Provider terms. For clarity, your share will be calculated on the net Subscription and will be exclusive of any consumption or similar tax that may be charged on the Subscription; and
  • may account to us for the balance of Subscriptions, after your payment, on such terms as we and the Payment Provider agree from time to time. 

The Payment Provider shall be solely responsible to you for all payments due to you from time to time in relation to and concerning Subscriptions. We will not accept any claims from you for any loss or damage for any act or omission of the Payment Provider and you relinquish and waive any such rights you may have against us.

 

For Members

To access Artist content you must first create an account with us through our Website or App.

At the time you open your account you will be provided various options relevant to the management of your account and your engagement with Artists. You will also be linked to our preferred Service Partner who will manage, amongst other things, your Artist subscriptions and your payments (“Payment Provider”).

The Payment Provider shall be solely responsible for all payments you authorise them to deduct from time to time. We will not accept any claims from you for any loss or damage for any act or omission of the Payment Provider and you relinquish and waive any such rights you may have against us.

You may close your account with us at any time by giving us written notice here

You will be provided on-line opportunities to interact with Artists and other Members. You are expected to act reasonably and to take sole responsibility for any and all content you publish on or via the Service. Your posts should not contain any unsolicited advertising or promotions. 

We reserve the right to delete your posts, modify your access, suspend and/or terminate your account if we reasonably consider your actions contravene the Service Terms. 

 

Links we provide

From time to time we or Artists may provide links to third party websites, chatrooms and/or digital tools (“Third Party Sites”). 

Links to Third Party Sites are provided solely for your convenience and do not signify we endorse them in any way. We make no representations and give no warranties about the accuracy, completeness or usefulness of any Third Party Sites. In particular, we accept no responsibility for the content found on the Third Party Sites or for any act or omission of the owners or managers of Third Party Sites that may cause you loss or through which you may suffer damages and you relinquish and waive any such rights you may have against us.

 

Linking to us

We welcome other websites linking to us.

Other websites must, however, obtain our express written permission to:

  • charge your website users to click on any of our pages; or
  • represent in any way that your website is associated or endorsed by us or our Website.

 

Cookie policies

Concerning personal data we receive and/or collect from Artists and Members, and how we may employ and use cookies time to time, please refer to our cookie policy which can be accessed here.

Concerning personal data our Service Partners receive and/or collect from Artists and Members, and how they may employ and use cookies time to time, please refer to the Service Partner cookie policy links set out below:

  • Stripe: https://stripe.com/en-gb/privacy
  • YouTube: https://policies.google.com/technologies/cookies?hl=en
  • Discord: https://discord.com/privacy#:~:text=Cookies%3A%20We%20employ%20cookies%20and,be%20read%20on%20future%20visits.
  • Mixpanel: https://mixpanel.com/legal/privacy-policy/

You agree to us and our Service Partners using cookies for the purposes set out in the cookie policies referenced in these Terms.

 

Privacy policies

Concerning personal data we receive and/or collect from Artists and Members, and how we may use that data from time to time, please refer to our privacy policy which can be accessed here.

Concerning personal data our Service Partners receive and/or collect from Artists and Members, and how they may employ and use that data time to time, please refer to the Service Provider privacy policy links set out below:

  • Stripe: https://stripe.com/en-gb/privacy
  • YouTube: https://policies.google.com/technologies/cookies?hl=en
  • Discord: https://discord.com/privacy#:~:text=Cookies%3A%20We%20employ%20cookies%20and,be%20read%20on%20future%20visits.
  • Mixpanel: https://mixpanel.com/legal/privacy-policy/

You agree to us and our Service Partners using data for the purposes set out in the privacy policies referenced in these Terms.

 

Our intellectual property

This Website and App. contain content, designs, ideas and/or trademarks (“Materials”) in respect of which we own, claim copyright or are licensed to use.

Unauthorised use of the Materials and/or reproduction or simulation of our Website and/or App. is strictly prohibited, except as expressly permitted by applicable laws.

 

Disclaimers

Neither we nor our Service Partners make any representation or give any warranty, except as is expressly set out in the Service Terms or required by applicable laws. 

We or our Service Partners will use all reasonable and practicable efforts to check and test the Website and App. for viruses. 

You must make sure that the way you use the Service does not expose you or your devices to the risk of viruses, malicious computer code or other forms of interference which can: damage your device; corrupt your data; and/or expose you to fraud.

You are solely responsible to ensure that any products, services or content made available through the Service meet your specific requirements.

We shall have no liability for any direct losses you may suffer unless you notify us in writing of your claim (“Claim”) within six (6) months after the date of the earliest act or omission you claim to have caused you direct losses. To the extent that we may be liable to:

  • Artists for direct losses, the total amount for which we may be liable will not exceed our total share of the relevant Member Subscriptions we have received, for a period of six (6) months immediately prior to your Claim. You relinquish and waive any other Claims against us for direct losses; and
  • Members for direct losses, the total amount for which we may be liable will not exceed our total share of Subscriptions you have paid, for a period of six (6) months immediately prior to your Claim. You relinquish and waive any other Claims against us for direct losses.

Whether foreseeable or not, we exclude any and all liability for any indirect or consequential losses. The losses excluded include, but are not limited to, loss of: anticipated savings; business; data; goodwill or reputation; income or revenues; opportunity; profits or contracts; salary, benefits or other payments; and tangible property or intangible property. You relinquish and waive any rights you may have against us for indirect or consequential losses.

 

Complaints

Should you have any complaints concerning the Service, our Service Partners or any other matter please notify us, which you can do by contacting us here.

 

General

We will have no liability to you if you contravene the Service Terms or for any circumstances beyond our reasonable control.

We might decide not to exercise or enforce any right available to us under the Service Terms but we can always decide to exercise or enforce that right at a later date. Doing this once will not mean we automatically waive the right on any other occasion.

If any Service Terms are held to be invalid, unenforceable and/or illegal for any reason, the remaining Service Terms will still apply.

 

Governing law and jurisdiction

The Terms are governed by and construed in accordance with the laws of England and Wales.

Your use of the Service and any related disputes between us will be subject to the exclusive jurisdiction of English courts.

 

Last update 20th January 2021