Terms of Service
Art Stream Terms
Art Stream provides a service for providing entertainment, promoting content, original works of art, digital works of art, or derivative works of art (collectively, “Works”) on the Site, on third party websites, or on streaming media devices for display on TVs, personal computers, laptops, tablets, or mobile devices (collectively “Sales Channels”). Art Stream may create videos from images and text you provide. Collectively, these products and services used to promote Works or derivative works on Sales Channels are collectively termed our “Service” or “Services”.
Certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific Service, the latter terms and conditions shall take precedence with respect to your use of or access to that Service.
Any access to or use of the Service by anyone under 18 is expressly prohibited. By accessing or using the Service you represent and warrant that you are 18 or older.
You may use our Services only if you can form a binding contract with us, and only as permitted by law. Additional eligibility requirements may apply to some Services, and we will notify you of those requirements in these Terms or otherwise in connection with those Services.
If you are using our Services on behalf of a company or other party or entity, you represent and warrant that you are authorized to bind that company or other entity to these Terms, in which case the terms “you” and “your” in these Terms will refer to that entity.
To list a work for promotion via our Services you must first create an account (“Account”) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our registration process you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Art Stream reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password to keep it confidential. You agree not to disclose your password to any third party and to immediately notify us of any unauthorized use of your Account or password or any other breach of security on our Services.
The permission we give you to register for an Art Stream account and use our Services under these Terms is non-exclusive and non-transferable. You are not allowed to rent, sell, lease, sublicense or otherwise transfer your Art Stream account, or any access to or use of our Services to any third party.
Termination and Account Cancellation
If you breach any of these Terms, Art Stream will have the right to suspend or disable your Account or terminate these Terms, at its sole discretion and without prior notice to you. Art Stream reserves the right to revoke your access to and use of the Services, at any time, with or without cause. In the event Art Steam terminates these Terms for your breach, you will remain liable for any amounts due hereunder. You may cancel your Account at any time.
When you submit images of Works you grant Art Stream the right to promote and display such Works or derivative works via the Services. You hereby grant Art Stream a worldwide, transferable, non-exclusive, right and license, with a right to sublicense, to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the Works or derivative works via Sales Channels; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of the Works in any form, medium or technology now known or later developed for the purpose of promoting your Works, promoting Art Stream, the Site and the Services.
The Site, Services and Works are protected by copyright, trademark and other laws of the United States and foreign countries.
Except as expressly provided in these Terms, Art Stream and its licensors exclusively own all right, title and interest in and to the Site and Services including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site or Services. The artist has ownership to their respective Works including images of their artwork, photographs, images, etc. as provided by U.S. copyright law.
Art Stream respects copyright law and expects its users to do the same. It is Art Stream’s policy to terminate in appropriate circumstances of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Notification of Copyright Infringement
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Services by completing a DMCA Notice of Alleged Infringement. Upon receipt of the notice as described below, Art Stream will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from our Services.
- Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify (i) the material that you claim is 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 us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link, to the material or activity that you claim to be infringing, that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate that reference or link, including at a minimum, if applicable, the URL of the link shown on the Site where such reference or link may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature
- Send this information to: firstname.lastname@example.org.
Sales Channels may contain links to third-party websites or resources. You acknowledge and agree that Art Stream is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Art Stream of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You agree to defend, indemnify, and hold Art Stream, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms.
You agree that you will not (and will not attempt to, or assist or encourage any other person or entity to):
- Submit, post, publish or otherwise provide any Works on or through our Services, or take any other action in connection with our Services (whether online or offline), that: (i) infringes, misappropriates or violates the rights or intellectual property of any third party, including any copyright, moral right, trademark right, trade secret, patent right, privacy right, publicity right, or contractual right: (ii) violates (or encourages any conduct that would violate) any applicable local, state, national, or international law or regulation, including any tax law, consumer protection law, or law governing the export or import of data, goods, services or software; (iii) is deceptive, misleading, fraudulent, defamatory, libelous, abusive, harassing, discriminatory, hateful, malicious, inciting of violence, threatening, sexually explicit, or obscene; or (iv) impersonates or misrepresents your relationship with any person or entity;
- use our Services to list, market, offer for sale, or sell goods or services without our express prior written permission;
- use our Services or any Works in connection with posting or distributing spam or other unauthorized or unsolicited advertising, promotional messages, or bulk electronic communications;
- collect information about Members (including email addresses) or send marketing email or other promotional communications to Users without their consent;
- access our Services by any means other than the interface and instructions that we provide;
- access, tamper with, or use non-public areas of our Services, our computer systems, or the technical delivery systems of our service providers;
- breach, disable or circumvent any security or authentication measures on or in connection with our Services;
- interfere with the normal operation of our Services or the access of any Member, including transmitting any viruses or harmful code, flooding our Services with excessive requests or traffic, or taking any other action that creates (at our sole discretion) an unreasonable or disproportionately large load on our servers or systems;
- decipher, decompile, disassemble, reverse engineer, or otherwise derive or extract any source code or underlying ideas or algorithms of, any of our Services;
- adapt, modify, create derivative works from, or redistribute any of our Services without our express prior written permission;
- use any robot, scraper, spider, or other automatic or manual process to monitor or extract data from our Services without our express prior written permission (we may also use robot exclusion headers within our Services and you agree to comply with all such headers);
- forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use our Services or any Works to send altered, deceptive, or false source-identifying information;
- mirror, frame or display any part of our Services on any other website or elsewhere without our express prior written permission;
- use any meta-tags or other hidden text or metadata containing any Art Stream trademark, service mark, product name, or URL without our express prior written permission;
- use any Art Stream trademark, service mark, product name, logo or URL in any way that incorrectly suggests our affiliation with or endorsement of any person, entity, event, product or service;
- use any trademark, service mark, product name, logo, trade dress, or design that is in any way confusingly similar to any Art Stream trademark, service mark, product name, or logo, or to the look and feel of any of our Services; or
- remove, conceal, modify or tamper with any copyright, trademark, or other proprietary marking or notice, or any digital watermark or other technical measure used to indicate the source or ownership of any image or other Content, or
- impersonate or misrepresent your affiliation with any person or entity.
- Art Stream will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Art Stream may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Art Stream has no obligation to monitor your access to or use of the Site or Services or to remove any Works, but has the right to do so for the purpose of operating the Site and Services to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Art Stream reserves the right, at any time and without prior notice, to remove or Member’s Works or derivative works or any other text, graphics, images, software, music, audio, video, information or other content or material that Art Stream at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.
- Controlling Law and Jurisdiction
- These Terms and any action related thereto will be governed by the laws of New Mexico without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms will be the state and federal courts located in the State of New Mexico and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
- Entire Agreement
- These Terms constitute the entire and exclusive understanding and agreement between Art Steam and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Art Stream and you regarding the Services.
- THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Art Stream EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Art Stream MAKES NO WARRANTY THAT SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Art Stream MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICE OBTAINED THROUGH THE SITE OR THIRD PARTY OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICE. YOU UNDERSTAND THAT, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, Art Stream DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF MEMBERS OR OTHER USERS OF THE SERVICE, NOR DOES Art Stream MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF ANY MEMBERS OR USERS OF THE SERVICE