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Terms and Conditions

OVERVIEW
The terms “we,” “us,” and “our” refer to artistvenu. The term “Site” may refer to any of the following artistvenu network domains artistvenu.com artistvenu.studio artistvenu.gallery or artistvenu.net all on which these terms apply. The terms “user,” “you,” and “your” refer to site visitors, customers, members and any other users of the site.

SERVICE
artistvenu is a membership network for artists which offers social community engagement, online training, workshops, visibility features and resources, and curated article content relating to art, planning, creating, exhibition, marketing and growing an art practice (the “Service” or "Features").

Use of artistvenu, including all network domains listed above and all materials presented herein and all online services and features provided by the artistvenu network, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site guests, visitors, customers, members, content providers and all other users of the site. By using the Site, Service and/or features, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Parties agree that the Service or Feature is in the nature of art, community, education, exhibition and marketing. The scope of services and features provided by artistvenu according to this Agreement are limited to those listed on the following artistvenu network domains artistvenu.com artistvenu.studio artistvenu.gallery or artistvenu.net. artistvenu reserves the right to substitute services and/or features equal to or comparable to the services listed if the need arises, without prior notice.

To access or use the Site or Network of Sites, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the artistvenu Network of Sites. Information provided on the Site or Network of Sites and in the Service and Features related to membership sites and other information are subject to change. artistvenu makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. artistvenu disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

ACCOUNT CREATION
In order to use the artistvenu Network of Sites. Service or features, you will be required to provide information about yourself including your name, email address, username and password, and your art practice. You agree that any registration information you give to artistvenu will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You may not share access to or usage of your artistvenu account with any person other than the one registered and listed on the account. You must not, in the use of the Service or Features, violate any laws in your jurisdiction or online copywrite laws.

LAWFUL PURPOSES
You may use the artistvenu Network of Sites, Service and Features for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the artistvenu Network. You agree to use the artistvenu Network of Sites and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE
The Services and Features are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign a reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

We reserve the right to remove the accounts held by any individuals representing unauthorized companies that offer a similar or directly competing Service and or Features without notice or refund.

ORDER CONFIRMATION
We will email you to confirm the placement of your membership, subscription or order, with details concerning product service delivery and ongoing payments. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

DURATION OF AGREEMENT
Once confirmed, we will provide you access to the purchased Service and or Features. You agree and understand that access to the Service or Features may at times be influenced and affected by third parties that we use to provide the Service (web hosting, membership site plugins, etc.). You agree and understand that no breach of contract action may be initiated against artistvenu when there are reasonable delays in the access of the Service or Features.

artistvenu reserves the right to terminate the Service and or Features, and or access to certain related artistvenu network features of the Service, with or without prior notice to you. We will make reasonable efforts to provide notice but is not required to do so under the terms of this agreement.

Lifetime Access is for the lifetime of the network, Service and or Features. If for any reason, artistvenu should dissolve or cease to exist, then your access to the network, Service and or Features terminates.

If you are paying on a monthly subscription this allows you access to the network, Service and or Features for 30 days. Failure to pay your monthly subscription payment will result in access to the network, Service and or Features being stopped.

For annual subscriptions you will receive 365 days access. If you fail to provide funds for account subscription renewal(s) your access to the network, Service and or Features will end at the end of the current contracted term(s).

CANCELLATIONS & REFUNDS
artistvenu strives for service and feature excellence and to provide a professional user experience. artistvenu does not provide refunds unless otherwise provided in writing. However, we encourage any client, customer, member, student or subscriber to contact us for support for any issue adverse to the promoted intent and providing a negative user experience. Our primary objective is your member satisfaction, and we will do our very best to resolve any issue you may have that is in accordance with your purchase contract. Should you every need help, we encourage you to contact us at HelpDesk.

Should you cancel your account, you will no longer have access to your account profile, content history, or network Service and/or Features, including all stream content and community resources.

It is entirely your responsibility to ensure that you cancel your account in good time should you no longer require the Service and do not wish to be billed further.

PRODUCT DESCRIPTION
We endeavor to describe and display the Service and Features as accurately as possible. While we try to be as clear as possible in explaining the Service and/or Features, please do not accept that the Network of Sites are entirely accurate, current, or error-free. From time to time we may correct errors in content text, pricing, and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

MATERIAL YOU SUBMIT TO THE SITE
You may post and share 3rd party images and content text summery with appropriate accreditation, and backlink if possible. You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

As a feature of the Service, artistvenu may provide access to a community or social media platforms in conjunction with the Service and/or Features we provide. artistvenu is not required to provide a community platform, and has complete discretion with regards to the platform, and the nature of the interaction, dependent on the Service and/or Features.

You agree that your use of these community and social media platforms is a privilege and artistvenu may limit or deny access to these platforms for misconduct that includes but is not limited to being inappropriate, rude, violent, or threatening to staff, content creators or other members. artistvenu will make reasonable efforts to provide notice to you with regards to inappropriate or unapproved content behavior that you have placed within the voluntarily provided community and social media platform. artistvenu is not required to provide notice and reserves all rights to take immediate and appropriate action to protect the artistvenu Network brand and image integrity.

INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
We claim no intellectual property rights over the material you supply to artistvenu. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site(s) or Service. Content you submit to artistvenu remains yours to the extent that you have any legal claims therein. You agree to hold artistvenu harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site(s), you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

You consent to recordings being made of calls or webinars provided as part of the Service. You consent to your name, words, voice, and likeness being used by artistvenu for promotional, business development, marketing and training purposes, without compensation to you. We will make reasonable effort to secure your written permission before using and distributing recordings, print materials, audio, or visual representations that refer to you.

You may delete your uploaded content at any time. artistvenu will make no effort to retain data that you have personally deleted from our system.

OUR INTELLECTUAL PROPERTY
The Site, Service and Features contain intellectual property owned by artistvenu, including logos, trademarks, copyrights, proprietary information, and other intellectual property. artistvenu’s copyrighted and original materials are provided to you as part of the Service and/or Features for your individual use only and a single-user license. All intellectual property, including artistvenu’s copyrighted materials shall remain the sole property of artistvenu. No license to sell or distribute our copywritten materials is granted or implied.

You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site, Service or Feature Content or intellectual property, in whole or in part, without our prior written consent. This includes but is not limited to sharing material with others, posting excerpts of material on any social media, blogging about the material, or in any other way that would reasonably appear to share the Site, Service’s and/or Feature information with a non-member. You may not violate the copywrites of other network clients, students and members. We reserve the right to immediately remove you from the Service and/or Feature, without refund, if you are caught violating this intellectual property policy.

CHANGES TO THESE TERMS
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site, Service or Feature, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, SERVICE OR FEATUES. ADDITIONALLY, artistvenu IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (2) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (3) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF artistvenu HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL artistvenu CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM artistvenu, AND IF NO PURCHASE HAS BEEN MADE BY YOU artistvenu's CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

THIRD PARTY RESOURCES
The Site, Service and/or Features may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with artistvenu. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and artistvenu pertaining to the Site, Service and Features and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by artistvenu shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by artistvenu.

RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Update: January 22, 2022

 

PRIVACY POLICY
artistvenu herein referred to as "av" and/or Community, is a boutique creative safe space dedicated to Artists.

This Privacy Policy applies only to our online activities and is valid for registered VENU Pass Guest Members, At Group Members, Workshop Students and Art Content Creators with regards to the information that they share and/or artistvenu collect while on either four of our community network. This policy is not applicable to any information collected offline or via channels other than this websites.

By using our community network website, you hereby consent to our Privacy Policy and consent to its terms.

HOSTING
 av Community websites are hosted on a managed dedicated server network with monitoring and support 24 hours a day, 7 days a week. We maintain three (2) independent security monitoring and management systems and three (3) independent data backup systems to safeguard members and content shared a in the community stream.

What personal data we collect and why we collect it?

REGISTRATION
When you register with artistvenu you are asked to create a username, enter your first and last name and create a password consisting of 10-characters or longer (using upper/lower case letters, numbers, and symbols). This information is necessary for you to create and maintain a member account.

PAYMENT DETAILS
artistvenu does not collect or store member credit card information or other personal data on our website. We partner with Stripe for all merchant credit card transactions. When you enter credit card information for paid subscription "Level" products, your card information is securely encrypted and immediately transferred to the Stripe merchant gateway. Any av 'Level" subscription you register for can be canceled at any time following the conclusion of any prepaid term.

COMMENTS
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection which is instrumental to keeping our community and members safe.

MEDIA
Original work images you upload to the av Community websites remain your creative intellectual property and copyrighted by you. Images of other artists' work that you share in the Community Stream should include sufficient credit to the original creator and or source content.

You maintain full control over the media you share on our community websites. You are able to fully delete any comment you post or image that you upload at any time.

COOKIES
We use minimal cookies on av Community websites which are limited to those necessary to provide automation to help make your visits and user experience more convenient and efficient.

As our community evolves and further development is added, updates to these policies may be required and in accordance with such, this Privacy Policy is subject to change without prior notice.

Update: January 22, 2022