Welcome to ArtKôz.com, (the “Site”), we, ArtKôz Group LLC (“ArtKôz”), is an online platform that facilitates working relationships between schools, creative arts students, and companies. The ArtKôz site allows Users (schools, students, and companies) 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.
- 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.
You warrant that you are able to consent to this agreement. This means that you are either: (a) at least eighteen years old and are competent to enter into, and fulfill all provisions of, these Terms; or (b) you are at least thirteen years old and only use the Site with the permission and supervision of a parent or legal guardian who is at least eighteen years old and is competent to enter into, and fulfill all provisions of, these Terms. If you are younger than thirteen years old, you may not use the Site.
The features of the Site are only available if you sign up for an ÄrtKôz account (an “Account”). Accounts are only available to schools, active students, and legal companies and organizations seeking to promote opportunities to students. Each group (e.g. students, schools, or companies) 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 your name, contact information, location, 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.
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 ÄrtKôz if you learn of any unauthorized access to your Account.
ÄrtKôz has the right, but not the obligation, to warn, suspend the Accounts of, or terminate the Accounts of those who violate these Terms. ÄrtKôz reserves the right to terminate or suspend an Account at any time, for any reason. If ÄrtKôz terminates your Account, you may not continue to visit the Site, nor may you create another Account. ÄrtKôz also reserves the right to charge annual membership fees for the use of the services, including to create an Account or to use specific features of the Site, in the future.
- User Content
3A. Viewing Content
ÄrtKôz allows those with Accounts (“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. ÄrtKôz 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 ÄrtKôz and may contain malicious code, objectionable content, or content that violates applicable laws or the rights of third parties. ÄrtKôz 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 ÄrtKôz, including the name of the Registered User who posted the material and the content of, or URL to, the offending content. ÄrtKôz provides a button to report User Content or External Links that violate the Terms, applicable laws, or the rights of third parties. This button is provided solely for you to more easily communicate with ÄrtKôz; it does not obligate ÄrtKôz to remove reported content. Misuse of this button by a Registered User may result in the deactivation of their Account, and possibly legal action.
3B. Uploading Content
You retain all rights to the User Content you upload. By uploading User Content to the Site, you grant ÄrtKôz a nonexclusive, royalty-free, worldwide, transferable, sub licensable license to reproduce, prepare derivatives of, distribute, transmit, store, perform, display, and in any other way use such User Content on the Site or in connection with ÄrtKôz’s business in all media. This license is perpetual, unless you remove the User Content from the Site via your Account. If you deactivate your Account without first removing User Content you have uploaded, the license for such User Content will be perpetual.
By uploading User Content to the Site, you warrant the following:
- a) you have the right to grant the aforementioned license to ÄrtKôz;
- b) the content does not violate the Terms or any applicable law, or infringe upon the rights of ÄrtKôz or third parties; and
- c) the content is not obscene, offensive, misleading, objectionable, or harmful to minors.
You are solely responsible for all User Content you upload.
ÄrtKôz reserves the right to determine, in ÄrtKôz’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. ÄrtKôz 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
ÄrtKôz 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 ÄrtKôz attempts to ensure that all Registered Users provide complete and accurate information about themselves or posted projects, you acknowledge that there are risks in interacting with others online. You agree that you will not hold ÄrtKôz 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. Any commercial dealings between Registered Users are between those users alone: ÄrtKôz disclaims any liability for these dealings and will not get involved in dispute resolution between parties.
- External Links and External Media
Both Registered Users and ÄrtKôz 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 ÄrtKôz and may contain malicious code, objectionable content, or content that violates applicable laws or the rights of third parties. ÄrtKôz 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.
ÄrtKôz 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. ÄrtKôz retains the right to remove External Links or External Media at any time for any reason. ÄrtKôz 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 ÄrtKôz’s embedded player;
- c) use the Site in a way that would cause ÄrtKôz 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 ÄrtKôz;
- e) circumvent any Digital Rights Management (DRM) or security feature in use by ÄrtKôz;
- f) access the Site if ÄrtKôz has informed you that you may not access the Site, or circumvent any means used by ÄrtKôz 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 ÄrtKôz;
- 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 ÄrtKôz or those who access the Site; or
- l) do anything that would interfere with or put an undue burden upon the Site or ÄrtKôz’s servers.
- Proprietary Content
All content on the Site is owned by or licensed to ÄrtKôz. ÄrtKôz 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 ÄrtKôz without express written permission from ÄrtKôz. ÄrtKôz retains the right to remove any feature of the Site at any time for any reason, without prior notice.
- Digital Millennium Copyright Act
ÄrtKôz 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, ÄrtKôz 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 ÄrtKôz 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 ÄrtKôz receives this notice, the party claiming infringement will be contacted. ÄrtKôz will return the complained-of content to the Site between the tenth and fourteenth day after the counter-notice unless ÄrtKôz receives notice at firstname.lastname@example.org from the party claiming infringement that the party has initiated a suit in a United States federal district court regarding the content.
Repeat Infringers: If ÄrtKôz receives a takedown notice for User Content you uploaded to the Site, a strike will be placed on your Account. If you respond to a takedown notice with a counter-notice, we will remove a strike from your Account unless the complaining party initiates a lawsuit. When you receive a third strike, your Account will be suspended. If you do not send a counter-notice or the complaining party initiates a lawsuit on your third strike, your Account will be terminated and you will be forbidden from accessing the Site in the future.
- 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 ÄRTKÔZ ARE PROVIDED “AS IS” AND “AS AVAILABLE.” ÄRTKÔZ 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 ÄRTKÔZ 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 ÄrtKôz 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.
- Limitation of Liability
You agree that in no event will ÄrtKôz 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 ÄrtKôz for any claim shall be the lesser of $100 or the total sum of money you have paid to ÄrtKôz for the use of the Site or any features thereof during the twelve month period proceeding 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.
ÄrtKôz 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 ÄrtKôz’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 ÄrtKôz. No waiver, consent, modification, or change in this agreement shall be binding unless posted in an updated Terms by ÄrtKôz. 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.