TERMS & CONDITIONS
LAST UPDATED JUNE 11, 2018
Welcome to ArtKôz.com, (the “Site”). ArtKôz Group LLC (“ArtKôz”), is an online platform that facilitates working relationships between schools, creative arts students, and companies (the “Services”). The ArtKôz site allows “Registered Users” (participating schools who have registered and made payment (“Schools”); active students of Schools (“Students”); and legal companies, organizations, and non-profits seeking to promote opportunities to Students and Schools who have registered and made payment (“Project Sponsors”) to upload and post content and collaborate to deliver projects.
Before using the Site, please read all of the following terms and conditions (the “Terms”) so that You fully understand the Services ArtKôz agrees to provide and Your obligations while using the Site. These Terms also apply to any person, registered or not, navigating the Site (“You” and “Your”). Your access to and use of the Site is conditioned upon Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. By accessing or using the Site You agree to be bound by these Terms. If You disagree with any part of the Terms then You do not have permission to access the Site.
ArtKôz also has a section on frequently asked questions that You can access here for more information.
- Acceptance of the Terms
The Site, and each part thereof, is provided to You only in accordance with the Terms. By using the Site, You agree to be bound by the entirety of the Terms. ArtKôz reserves the right to update the Terms at any time without notifying You. It is Your responsibility to periodically check the Terms for updates. If You do not agree to the Terms or to any of the updates to the Terms, Your only recourse is to not use or visit the Site.
THE SITE IS NOT AVAILABLE TO PERSONS UNDER THE AGE OF 13 OR TO ANY USERS PREVIOUSLY SUSPENDED OR REMOVED FROM THE SITE BY ARTKÔZ. In order to use ArtKôz, You must either be 18 years of age or possess parental or guardian consent and You must be fully able and competent to enter into and comply with these Terms. If You are under 18 years of age, then by using ArtKôz You certify that Your parent or guardian has consented to Your use of ArtKôz and to these Terms on Your behalf, and You acknowledge and agree that Your use of ArtKôz is at his or her discretion. Until You are 18 years old, Your parent or guardian may ask us to modify, deny access to, or terminate Your account and we may do so at his or her request or at any time, for any or no reason, without notice and liability. In any case, You affirm that You are over the age of 13, as ArtKôz is not intended for or targeted to any person under 13 years of age. School’s shall be responsible for ensuring that anyone under the age of 18 has parental consent. You represent that You meet the eligibility requirements described above and have not been previously suspended or denied permission to use ArtKôz by the Company.
The features of the Site are only available to Registered Users once You sign up for an ArtKôz account (an “Account”). Accounts are only available to Registered Users. Each person or organization may only have one Account. When signing up for an Account, You must provide complete and accurate information about Yourself or the group You represent, including but not limited to:
- Your name;
- contact information;
- location; and
- valid “edu” or company email address
You agree to keep Your information up-to-date so that it is always complete and accurate. You must provide verification of this information at any time if requested by ArtKôz. If You create an Account for an organization, You warrant that You are permitted to create and maintain an Account for that group, and that You will represent them accurately. In the event that You no longer qualify to have an account (example You no longer work for the sponsoring company or attend the school) You must cease use of the Account immediately.
You are responsible for any and all activity done through Your Account. ArtKôz is not liable for any losses resulting from unauthorized access to Your Account; likewise, You will be liable to ArtKôz for any losses caused to ArtKôz resulting from unauthorized access to Your Account. Accordingly, it is Your responsibility to prevent others from accessing Your Account: You must safeguard Your Account log-in information and not share this information with anyone, and You must immediately notify ArtKôz at firstname.lastname@example.org if You learn of any unauthorized access to Your Account.
There is no employment, agency, partnership, joint venture, or franchise relationship created between You and ArtKôz.
ArtKôz reserves the right to charge fees for the use of the Services, including to create an Account or to use specific features of the Site. Subscriptions are for one-year terms and are non-refundable (“Subscriptions”). Payments for Subscriptions shall be processed by an outside third-party service (who shall be solely liable), and accordingly shall be subject to and terms, conditions and policies of the third-party.
You may terminate Your Account at any time from Your account settings. You will not be issued a refund for any remaining time on Your Subscription and may continue to utilize Your Account for the reminder of the Subscription period unless Terminated by ArtKôz.
ArtKôz has the right, but not the obligation, to warn, suspend the Accounts of, or terminate Your Account at any time, for any reason and without advance notice. ArtKôz reserves the right to terminate or suspend an Account at any time, for any reason. If ArtKôz terminates Your Account, You may not continue to visit the Site, nor may You create another Account.
ArtKôz reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason. ArtKôz will not be liable to You for the effect that any changes to the Services may have on You, including Your income or Your ability to generate revenue through the Services.
- User Content
a. Viewing Content
ArtKôz allows Registered Users to upload content to the Site, including images, audio files, videos, and text (“User Content”). This User Content may be displayed to anyone with a registered account who browses the Site. ArtKôz is not responsible for any User Content. You acknowledge that while browsing the Site You may be exposed to User Content that violates the Terms or applicable laws, infringes upon the rights of third parties, or that You find objectionable, and You agree to proceed at Your own risk.
Similarly, Registered Users may post links to third-party websites (“External Links”) that are not affiliated with ArtKôz and may contain malicious code, objectionable content, or content that violates applicable laws or the rights of third parties. ArtKôz is not responsible for any External Links or the websites to which External Links direct. It is Your responsibility to verify the location of External Links before clicking on them, and You assume all risks of clicking on External Links.
If You become aware of a violation of these Terms, You have a duty to immediately report the offending behavior to ArtKôz, including the name of the Registered User who posted the material and the content of, or URL to, the offending content by emailing ArtKôz at email@example.com. ArtKôz is not obligated to remove reported content. False reporting may result in the deactivation of Your Account, and possibly legal action.
b. Uploading Content
You retain all rights to the User Content You upload. By uploading User Content to the Site, You grant ArtKôz a nonexclusive, royalty-free, worldwide, transferable, perpetual, irrevocable sub licensable license to reproduce, prepare derivatives of, edit, distribute, transmit, store, perform, display, and in any other way use such User Content on the Site or in connection with ArtKôz’s business in all media.
By uploading User Content to the Site, You warrant the following:
- You have the right to grant the aforementioned license to ArtKôz;
- the content does not violate the Terms or any applicable law, or infringe upon the rights of ArtKôz or third parties; and
- the content is not obscene, offensive, misleading, objectionable, or harmful to minors.
You are solely responsible for all User Content You upload.
ArtKôz reserves the right to determine, in ArtKôz’s sole opinion, whether any User Content violates the terms and has the right, but not the obligation, to remove any User Content for any reason at any time without prior notice. ArtKôz is not responsible for keeping copies of any User Content, or for any loss or damage suffered by You as a result of Your User Content being removed from the Site. It is Your responsibility to maintain a copy of all User Content You upload to the Site.
In addition to the Terms, when You upload any User Content to the Site You agree to abide by any other restrictions that are posted on the webpage(s) through which You upload the content; these restrictions are incorporated by reference into the Terms.
- Interactions with Others
ArtKôz provides various means for Registered Users to interact with one another and engage on projects. You agree not to use the Site to harass, threaten, or stalk others, or in any way that violates applicable laws or infringes upon the rights of others.
While ArtKôz expects all Registered Users to provide complete and accurate information about themselves or posted projects, You acknowledge that there are risks in interacting with others online. We do not screen Registered Users and You release us from all liability relating to Your interactions with other users. You agree that You will not hold ArtKôz liable for any loss or damage caused by these interactions. It is Your responsibility to always verify the identity of any person You meet through the Site and to take the appropriate precautions to protect Yourself and Your interests when engaging with or collaborating with individuals that You meet through the Site. If You meet with other Registered Users in person, doing so is at Your own risk. Any commercial dealings between Registered Users are between those users alone. You are responsible for complying with all laws and regulations when entering into any arrangement and utilizing the Site. ArtKôz does not make any warranties about the quality, safety, or even legality of works produced. ArtKôz disclaims any liability for these dealings and will not get involved in dispute resolution between parties. Any legal claim must be brought directly against, and be solely between, Registered Users. You release ArtKôz from any claims related to any Sponsored Project, or Services, including for defective items, misrepresentations by sellers, or items that caused physical injury.
Registered Users shall negotiate their own terms for Sponsored Projects and include them in the project post and/or other outside agreement; this may or may not include compensation. The Site does not provide a payment processing option for use between Registered Users and therefore compensation shall be arranged outside of the platform. Any legal contracts shall be entered into at Your own risk and ArtKôz shall not be a party. Delivery of the project shall be determined between Register Users. ArtKôz shall have no involvement with, or liability regarding, compliance with any agreement between Registered Users, however ArtKôz does expect Registered Users to comply with their offers and terms.
- External Links and External Media
Both Registered Users and ArtKôz may post links to third-party websites (“External Links”) or embed videos or other content hosted on third-party websites (“External Media”). External Links and External Media are not affiliated with ArtKôz and may contain malicious code, objectionable content, or content that violates applicable laws or the rights of third parties. ArtKôz is not responsible for any External Links, the websites to which External Links may direct, or any External Media. It is Your responsibility to verify the location of External Links before clicking on them, and You assume all risks of clicking on External Links. Similarly, it is Your responsibility to verify the content of External Media before viewing or listening to such media, and You assume all risks in viewing or listening to the media.
ArtKôz also cannot guarantee that External Media or other information linked by External Links will continue to remain available on that third-party website, or that such third-party website will continue to allow External Media or External Links to be posted on the Site. By uploading any content to third-party websites, You agree to abide by that websites terms and policies regarding that content and linking or embedding such content on the Site. ArtKôz retains the right to remove External Links or External Media at any time for any reason. ArtKôz also reserves the right to prevent the Site, any pages thereof, or media on the Site from being linked to or embedded on any other website, application, or by any other means.
- Using the Site
You agree that while using the Site You will not do any of the following:
a. violate the Terms or applicable law, or infringe upon the rights of any party;
b. copy content from the Site or ArtKôz’s embedded player;
c. use the Site in a way that would cause ArtKôz to violate applicable law or infringe upon the rights of any party;
d. access the Site or any portion or content thereof other than through an interface provided by ArtKôz;
e. circumvent any Digital Rights Management (DRM) or security feature in use by ArtKôz;
f. access the Site if ArtKôz has informed You that You may not access the Site, or circumvent any means used by ArtKôz to prevent You from accessing the Site;
g. copy or redistribute the Site or any portion thereof, including User Content uploaded by someone other than Yourself, without the express, written permission of ArtKôz;
h. collect or harvest information about Registered Users, or use the Site to send unsolicited mass communications to Registered Users;
i. modify or interfere with the embedded player in any way;
j. reverse engineer or in any other way attempt to determine the source code of the Site;
k. upload malicious code, viruses, or other software that is harmful to ArtKôz or those who access the Site; or
l. do anything that would interfere with or put an undue burden upon the Site or ArtKôz’s servers.
- Proprietary Content
All content on the Site is owned by or licensed to ArtKôz. ArtKôz grants You the limited right to use the Site in accordance with the Terms. You may not use the copyrights, trademarks, patents, or other intellectual property of ArtKôz without express written permission from ArtKôz. ArtKôz retains the right to remove any feature of the Site at any time for any reason, without prior notice.
- Digital Millennium Copyright Act
ArtKôz respects the rights of copyright owners. If You believe something on the Site infringes upon Your copyrights, please contact firstname.lastname@example.org with a takedown notice containing all of the following information:
a. Your name, address, and electronic signature;
b. the name of, and a link to, the content You believe to be infringing;
c. the name and description of the copyrighted work You own that You believe is being infringed upon;
d. a statement that You have a good faith belief that there is no legal basis for the use of the materials complained of; and
e. a statement of the accuracy of Your notice and, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
Once we receive Your notice, ArtKôz will promptly remove the offending content from the Site and will inform the Registered User of the notice and our action.
If You receive a communication from ArtKôz informing You that a third party has issued a takedown notice and that User Content or other material You uploaded has been removed from the Site, but You believe that You did not actually infringe upon the copyright cited, You may contact email@example.com with a counter-notice containing all of the following information:
a. Your name, address, phone number, and electronic signature;
b. the name of the material removed and its location before removal;
c. a statement, under penalty of perjury, that the material was removed due to mistake or misidentification; and
d. if in the United States, Your consent to local federal court jurisdiction, and if abroad, Your consent to an appropriate judicial body.
Once ArtKôz receives this notice, the party claiming infringement will be contacted and depending on the resolution, ArtKôz may return the complained-of content to the Site. ArtKôz reserves the right to suspend or terminate Accounts in the event that there are multiple take-down notice issued to a Registered User in the sole discretion of ArtKôz.
- Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE ENTIRELY AT YOUR OWN RISK. THE SITE AND ALL OTHER SERVICES PROVIDED BY ARTKÔZ ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ARTKÔZ DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULARLY PURPOSE, AND NON-INFRINGEMENT. NO COMMUNICATION FROM ARTKÔZ MAY BE CONSTRUED TO CREATE A WARRANTY OF ANY KIND. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”).
You agree to indemnify and hold harmless ArtKôz and its successors, assigns, directors, officers, employees, agents, and affiliates from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to Your use of the Site, User Content You upload to the Site, Your violation of the Terms or applicable law, or Your infringement of the rights of third parties. Even though You will indemnify ArtKôz, ArtKôz reserves the right to handle its own legal defense as it sees fit and You agree to cooperate however necessary.
- Limitation of Liability
You agree that in no event will ArtKôz be liable to You or a third party for any loss or damage under any theory of liability, including but not limited to direct, indirect, incidental, consequential, special, or punitive damages or for lost profits. The maximum amount You will be able to recover from ArtKôz for any claim shall be the lesser of $100 or the total sum of money You have paid to ArtKôz for the use of the Site or any features thereof during the twelve-month period preceding the action forming the basis of the claim.
- Choice of Law and Venue
The Terms shall be construed in accordance with the laws of Massachusetts without regard to its conflict of law provisions. All disputes must be brought in the state or federal court located in Suffolk County, Massachusetts and You agree to waive any defense of lack of personal jurisdiction or forum non conveniens You may have.
You agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect. Arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis–class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, You are each waiving the right to trial by jury or to participate in a class action or class arbitration.
ArtKôz may assign its rights and/or delegate its duties under the Terms to any party at any time without notice. The Terms will be binding on ArtKôz’s successors and assigns. You may not assign Your rights or delegate Your duties under the Terms.
- Merger and Severability
The Terms constitute the entire and complete agreement between You and ArtKôz. No waiver, consent, modification, or change in this agreement shall be binding unless posted in an updated Terms by ArtKôz. If any part of the Terms is held to be invalid or unenforceable, You agree that the remainder of the Terms shall remain in full force and effect.