Terms & Conditions
March 27, 2022
Acceptance of Terms Through Use.
Changes in this Agreement.
You are not authorized to share Your account or login information with any third party or let any third party access Your account. You are fully and solely responsible for maintaining the confidentiality of the login information for Your account and for the security of Your computer system, mobile device and all activity on Your account, even if such activities were not performed by you. We may terminate Your account if You let someone use Your account inappropriately or if You or anyone using Your account violates this Agreement. You agree to immediately notify us of any unauthorized use of Your account. We will not be liable for any losses or damage arising from unauthorized use of the Services, and You agree to indemnify and hold us harmless for any improper or illegal use of the Services, and any charges and taxes incurred.
To the extent You purchase any products and/or services on or through the Services, You agree to pay for all such products and services. You will be required to provide valid and updated credit card or approved purchase order information and accurate billing and contact information. If You provide credit card or other authorized payment method information, You authorize charges to be made against such credit card or other authorized payment method.
Use of the Services.
You agree to use the Services solely in support of Your digital presence and Your use is limited to Your own transactions.
You may not use, export or re-export the Services in violation of U.S. law or the laws of any other country or jurisdiction. Specifically, and without limiting the foregoing, the Services may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Department of Commerce Denied Person’s List or Entity List or the U.S. Treasury Department’s list of Specially Designated Nationals. You represent and warrant that You are not on any such list or located in any such country and that You will not use the Services for any purposes prohibited by U.S. or other applicable law.
You may not use any robot, spider, web crawler, deeplinking or other automatic or manual device, tool or process to access, monitor, retrieve, data mine, reproduce or circumvent any portion of the Services, or in any way circumvent the navigational structure or presentation of the Services or portion thereof. You may not attempt to gain unauthorized access to any portion of the Services by any means. You agree that You will not attempt to modify, adapt, reverse engineer, decompile, translate or disassemble any portion of the Services or otherwise attempt to derive the source code or underlying ideas, programs or algorithms associated with the Services. Any unauthorized use or misuse of the Services may be a cause for terminating Your right to use the Services, including the website and mobile application. Artist Pages reserves the right, in its sole discretion, to terminate Your access to any part or portion of the Services with or without notice. If termination occurs in connection with a subscription service, Artist Pages will refund the pro rata unused portion of Your subscription fee following such termination, unless You and Artist Pages agree that such fees are non-refundable.
To ensure that Artist Pages provides a high-quality experience for You and other users of the Services, You agree that Artist Pages or its representatives may investigate complaints, allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Services. Artist Pages will not disclose such an investigation unless required to do so by law. Artist Pages will cooperate fully with any law enforcement agencies in their investigation of the violation of any applicable laws.
Authorized Use of Services.
Artist Pages grants You a fully revocable, non-exclusive license to use the Services for authorized, legal, commercial uses limited to Your own transactions, subject to the following terms and conditions:
- You will not charge any fee to any person in connection with the Services or information obtained by You through the Services.
- Artist Pages retains the right to use all publicly published and delivered works for Artist Pages marketing and promotion purposes.
- Artist Pages reserves the right to revoke this license at any time. You agree that You and any person to whom You distribute the Services or information will immediately discontinue any use of the Services or information upon notice of revocation. You are responsible for ensuring that all persons who use our Services through Your device and/or internet connection are aware of this Agreement and that they comply with its terms.
Persons under the age of 18 are not authorized to use the Services.
The license granted by Artist Pages to use the Services does not include the right to copy or distribute any portion of the Services, such as layout or design of the website or mobile application, or logos, graphics, sounds, or images. Elements of the Services, including the website and mobile application, are protected by copyright, trade dress, or other laws and may not be imitated in whole or in part.
Artist Pages has implemented technical and organizational measures designed to secure Your personal information from accidental destruction, loss, alteration and from unauthorized access, use, alteration, or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use Your personal information for improper purposes. You provide Your personal information at Your own risk.
You are solely responsible for safeguarding Your password and for restricting access to the Services from Your compatible mobile devices and computer(s). You will immediately notify us of any unauthorized use of Your password or Artist Pages account or any other breach of security. You will immediately take all reasonable steps to mitigate the effects of a security breach and will cooperate with Artist Pages and provide all information requested by Artist Pages to remediate the breach. Any assistance provided by Artist Pages in relation to a security breach does not in any way operate as acceptance or acknowledgement that Artist Pages is in any way responsible or liable to You or any other party in connection with such breach.
In the event of any dispute between two or more parties as to account ownership, we will be the sole arbiter of such dispute in our sole discretion. Our decision (which may include termination or suspension of any Artist Pages Account subject to dispute) will be final and binding on all parties.
Reservation of Rights.
Any rights not expressly granted in this Agreement are reserved by Artist Pages, and Artist Pages reserves the right to seek all remedies available by law and in equity for any violation of this Agreement.
Your Personal Information. By using any of our Services as an Artist Pages customer, You acknowledge our data practices that apply to you, as set out in the Artist Pages Account Holder Privacy Notice (the “Privacy Notice”). The Privacy Notice explains how Artist Pages collects, uses and protects the personal information You provide to us where Artist Pages makes use of Your personal data to provide You with the Services or for its own purposes. You are required to familiarize yourself with the Privacy Notice prior to using the Services.
Your Customers’ and Employees’ Personal Information. Artist Pages will process certain of Your customers’ or employees’ personal data on behalf of Your business as a service provider (“data processor”). In such circumstances, You agree that You will comply with the data protection laws applicable to You and will provide data subjects with information on the processing of their personal information which satisfies the transparency requirements of such data protection laws and which ensures that personal data may be processed fairly, lawfully and in a transparent manner. If You or Your business are located in California, please see Section 23.
Intellectual Property Notices.
You agree that the Services contain proprietary information belonging to Artist Pages and its licensors, and that they are further protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws. All images, text, sound, photos, custom graphics, button icons, the collection and compilation and assembly, and the overall “look and feel” and distinctiveness of the Services constitute trade dress and the property of Artist Pages. The absence of a notice relating to an Artist Pages product or service name, slogan, or logo does not constitute a waiver of Artist Pages’ trademark or other intellectual property rights relating to such name or logo. All other product names, company names, marks, logos, and symbols on or in the Services may be the trademarks and the property of their respective owners. Except as expressly authorized by Artist Pages, either in this Agreement or otherwise, You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from the information, services, or products, or attempt to copy, further develop, decompile, reverse engineer, disassemble, or derive the source code of the Services, or any updates or part thereof. Any attempt to do any of the foregoing is a violation of Artist Pages’ rights and the rights of its licensors. If You breach this restriction, You may be subject to prosecution and damages. In addition, You agree that any derivative works, improvements, inventions or works developed by You based upon or relating to the Services involving a breach of this Agreement shall be owned by Artist Pages, and You hereby assign and agree to assign to Artist Pages such derivative works, improvements, inventions or works developed by you.
As noted in this Agreement, You may print or download information or products from the Services for Your own use, provided that You keep intact all copyright and other proprietary notices. Systematic retrieval of information, services or products from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from Artist Pages is prohibited. In addition, use of the Services for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting such permission, please contact Artist Pages at email@example.com
Links to Other Websites and Related Disclaimer.
The Services may include links to other websites, content or services beyond the control of Artist Pages. Artist Pages provides You with these links solely for Your convenience. Some of these websites, content or services may be co-branded (i.e., bear the name and/or logo of both a third-party service provider and Artist Pages). The provision of any link to another service provider does not signify an endorsement by Artist Pages of the service provider’s website or the services offered by that service provider. Artist Pages has no control over, does not review, and cannot be responsible for the information contained on other websites or provided by third parties. Artist Pages does not make any representations regarding the content, accuracy, completeness, decency, legality, non-infringement, quality or any other aspect of such third-party websites, content, or services. Artist Pages is not responsible for and does not assume any liability with respect to the content, privacy practices or otherwise of third parties.
Your use of such third-party websites, content or services will be subject to terms and conditions of that third party. YOU AGREE THAT ARTIST PAGES WILL NOT BE RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE YOU MAY INCUR AS THE RESULT OF A TRANSACTION YOU ENTER INTO THROUGH THE WEB SITE OR SERVICES OF A THIRD PARTY.
Potential Disruption of Service.
We do not guarantee that our Services, or any content contained within or accessible through Services, will always be available or uninterrupted. Access to the Services may from time to time be unavailable, delayed or limited due to, among other things: hardware failure; software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or content irregularities; system overload; damage caused by severe weather, natural disasters, war or acts of God; pandemic or epidemic, terrorism; interruption of power supplies; strike or other stoppage of labor; governmental or regulatory restrictions; or any other cause whatsoever beyond the control of Artist Pages. Artist Pages is not liable to You if, for any reason, the Services are unavailable at any time or for any period.
THE SERVICES ARE NOT INTENDED TO PROVIDE SPECIFIC COMMERCIAL, FINANCIAL, INVESTMENT OR LEGAL ADVICE.
The materials, information, products, and services included in or available through the Services, including the images, text, databases, photos, custom graphics, compilation, assembly, and the overall look and distinctiveness of the website and mobile application, are provided “as is” and “as available.” Artist Pages disclaims all express or implied representations, warranties, guaranties, and conditions, including implied warranties or conditions of merchantability, fitness for a particular purpose, title, or non-infringement. Neither Artist Pages nor its licensors make any representations, warranties, or guaranties as to the quality, reliability, suitability, truth, accuracy, or completeness of the Services. Artist Pages disclaims any representation or warranty that the Services OR ANY PRODUCT OR SERVICE OFFERED THROUGH THE SERVICES will be available at any particular time or from any particular location OR that any defects or errors will be corrected. The Services may include inaccuracies or typographical errors. Your use of the Services is solely at Your risk.
WE MAY CHANGE OR DISCONTINUE ANY ASPECT OR FEATURE OF THE SERVICES, OR THE USE OF ALL OR ANY FEATURES OR TECHNOLOGY IN THE SERVICES, OR THE THIRD-PARTY CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO CEASE USE OF THE SERVICES. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. WE DISCLAIM ANY IMPLIED OR STATUTORY WARRANTIES (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE SERVICES; OR (II) THAT THE SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED BY OR ACCESSIBLE THROUGH THE SERVICES. NO COMMUNICATION, INFORMATION OR ADVICE GIVEN BY US OR ANY REPRESENTATIVE OF OURS, WHETHER WRITTEN OR ORAL, SHALL CREATE ANY WARRANTY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS AND CONDITIONS.
You also may have other rights, which may vary from state to state and jurisdiction to jurisdiction.
Representations and Warranties.
You represent and warrant to us that: (a) You are at least eighteen (18) years of age; (b) You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under these General Terms; (c) any information You provide in connection with the Services, including Your business name, accurately and truthfully represents Your business or personal identity under which You sell goods and services; (d) You and all transactions initiated by You will comply with all federal, state, and local laws, rules, and regulations applicable to You and/or Your business, including the Health Insurance Portability and Accountability Act (“HIPAA”) and the Family Educational Rights and Privacy Act (“FERPA”); (e) You will not use the Services, directly or indirectly, for any fraudulent undertaking or in any manner so as to interfere with the operation of the Services; and (f) Your use of the Services will be in compliance with these Terms.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ARTIST PAGES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, INABILITY TO USE, OR UNAVAILABILITY OF THE SERVICE. IN ALL CASES, ARTIST PAGES WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
UNDER NO CIRCUMSTANCES WILL ARTIST PAGES BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ARTIST PAGES ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ARTIST PAGES IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES EARNED BY US IN CONNECTION WITH YOUR USE OF THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY, OR (B) $500.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ARTIST PAGES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Indemnification of Artist Pages.
Severability and Integration.
Unless otherwise specified in this Agreement or the Services, this Agreement constitutes the entire agreement between You and Artist Pages with respect to the Services and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between You and Artist Pages with respect to the Services. If any part of this Agreement is held invalid or unenforceable, that portion is construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full effect. Additional terms may be agreed upon by You and Artist Pages with respect to content available via the Services.
YOU AGREE THAT YOUR USE OF SERVICES CONSTITUTES A TRANSACTION IN INTERSTATE COMMERCE AND THAT ANY CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING TO THE USE OF THIS WEBSITE OR TO ANY ACTS OR OMISSIONS FOR WHICH YOU MAY CONTEND ARTIST PAGES IS LIABLE, INCLUDING BUT NOT LIMITED TO ANY CLAIM OR CONTROVERSY AS TO ARBITRABILITY (“DISPUTE”), SHALL BE FINALLY, AND EXCLUSIVELY, SETTLED BY ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT, 9 U.S.C. § 1 ET SEQ.
This section is deemed to be a written agreement to arbitrate pursuant to the Federal Arbitration Act and is intended to satisfy the writing requirement thereunder.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
The arbitration will be held before one arbitrator under the arbitration rules of the American Arbitration Association (“AAA”) in force at that time. The arbitration will be conducted in Cobb County, Georgia. The arbitrator will be selected pursuant to the AAA rules. Should no AAA rule regarding the selection of an arbitrator be in effect, You will select an arbitrator from a panel of arbitrators acceptable to Artist Pages. In any arbitration, Artist Pages will pay the filing fee, plus the costs associated with the first day of arbitration, with the remaining costs of arbitration paid by the non-prevailing party. To begin the arbitration process, a party must make a written demand.
Any judgment upon the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrator will not have the power to multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate will not be construed as an agreement to the joinder or consolidation of an arbitration under this Agreement with an arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved.
Should a dispute arise, and should the arbitration provisions become inapplicable or unenforceable, You agree that jurisdiction over and venue of any suit will be exclusively in the state sitting in Cobb County, Georgia or the federal courts of the Northern District of Georgia, Atlanta Division. If either party employs attorneys to enforce any right in connection with any dispute or lawsuit the prevailing party is entitled to recover reasonable attorneys’ fees.
Claims of Copyright Infringement; Digital Millennium Copyright Act Policy.
This policy is intended to implement the procedures described in Title II of the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”) for the reporting of alleged copyright infringement. Artist Pages respects the legitimate rights of copyright owners, their agents, and representatives. Users of any part of the Services are required to respect the legal protections provided by applicable copyright law.
Upon receipt of notification of claimed infringement, Artist Pages will follow the procedures outlined herein and in the DMCA. Artist Pages’ “Designated Agent” to receive notification of alleged infringement under the DMCA is listed below. If You believe that Your work has been copied and is accessible on the website in a way that constitutes copyright infringement, notify Artist Pages’ Designated Agent in writing as follows:
Stephen V. Bush, Esq.,
3490 Piedmont Road, Suite 1400
Atlanta, GA 30305
Any claim of copyright infringement should include sufficient information to enable us to evaluate Your claim and to take appropriate action. A notice of alleged copyright infringement to the Designated Agent must include the following:
- An electronic or physical signature of the copyright owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notice, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Artist Pages to locate the material.
Information reasonably sufficient to permit Artist Pages to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the matter complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
It is expected that all users of any part of the Services will comply with applicable copyright laws. However, if Artist Pages is notified of claimed copyright infringement, or otherwise becomes aware of facts and circumstances from which infringement is apparent, it will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing or to be the subject of infringing activity. Artist Pages will comply with the appropriate provisions of the DMCA in the event a counter notification is received by its Designated Agent.
Under appropriate circumstances, Artist Pages may, in its discretion, terminate authorization of users of the Services who are repeat infringers.
You agree that all matters relating to Your access to, or use of, the Services, and all matters relating to this Agreement are governed by the laws of the State of Georgia, which apply in all respects, including statutes of limitation. No choice of law rules of any jurisdiction will apply to nullify this choice of law.
Artist Pages’ failure to exercise or enforce any right or provision of this Agreement does not constitute a waiver of that right or provision. No single or partial exercise of right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
Artist Pages may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement or assign, transfer or sublicense Your rights, if any, in the Service.
If You are a “Business” as defined by the California Consumer Privacy Act of 2018, Cal. Civ. Code § 1798.100 et seq., (“CCPA”) then this provision 23 applies to you. For purposes of this Section 23, “process”, “sell”, and “business purpose(s)” have the meaning ascribed to them by the CCPA.
- For purposes of this Section 23, “Buyer Personal Information” means any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household that is processed by Artist Pages in connection with its Services to you. Buyer Personal Information does not include information Artist Pages receives about Your customers (“Buyers”) for purposes of Artist Pages’ digital receipt, and customer directory. It does include information that Your Buyer has provided You through use of the Platform, invoices, or through other means.
- We may receive Personal Information from Buyers for the purpose of performing Services on Your behalf as described in these General Terms. We agree that we will process Buyer Personal Information collected, processed, stored or transmitted by, or accessible to us in the course of these General Terms, and other applicable terms of service referenced above, only on Your behalf, and for the purpose of providing You with the Services in these Terms and other applicable terms. We acknowledge that we are prohibited from: (i) selling the Buyer Personal Information; (ii) retaining, using, or disclosing the Buyer Personal Information for any purpose other than providing to You the Services specified in these General Terms(s), and other applicable Terms of Service referenced above. As part of, and for purposes of, facilitating the Services, Artist Pages may (i) de-identify or aggregate the Buyer Personal Information; and (ii) process the Buyer Personal Information for operational purposes, including, without limitation, verifying or maintaining the quality and safety of the Services; improving, updating or enhancing the Services either for You or for our customers generally; detecting and preventing fraud, and for protecting the security and integrity of our Services; and complying with our legal obligations. You acknowledge and agree that Buyer Personal Information that You disclose to Artist Pages is provided to Artist Pages for the parties’ business purposes.
- We reserve the right to delete Personal Information stored pursuant to these General Terms in the ordinary course of business, pursuant to our retention schedules.
Limitation on Time to initiate a Dispute.
Any action or proceeding by You relating to any Dispute must commence within one year after the cause of action accrues.
In the event You enter into an agreement with product specific terms, such agreement will apply. If there is a conflict between this Agreement and the terms applicable for a particular product or service, or portion of the Services, the latter terms shall control with respect to Your use of the product, service or portion of Services.
In the event that You elect to engage one of Artist Page’s monthly payable Services, the following shall apply:
- You may terminate your use of the payable Service at any time by providing notice to Artist Pages and deleting the payment information You have provided. The payable Service will be terminated effective as of the last day of the month in which You notify Us of Your intent to terminate, and your account will revert to Artist Pages’ basic free service.
Questions, Comments, and Contact Information.
All notices to Artist Pages relating to this Agreement shall be in writing and sent to the following:
Artist Pages, LLC
Attn: Stephen V. Bush, Esq.
3490 Piedmont Road, Suite 1400
Atlanta, GA 30305
Notices shall be deemed given by Artist Pages when notice is posted on the website or otherwise provided in connection with the Services. Notices sent by You or Us via email will be deemed given when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Notices sent via regular mail will be deemed given upon actual receipt.