Legal

Arthola respects your privacy and is fully committed to protect your personal information and use it properly and in compliance with data privacy laws. This Privacy Policy applies to our web sites, including www.arthola.com, and arthola apps, incuding mobile apps and smart TV apps (collectively, the “Arthola Sites” or “Sites”). This Privacy Policy explains what information we (together with our affiliated companies worldwide) collect and use pertaining to each of our Account holders and non-Account holders (such as Site visitors) through the Sites, how we use that information, and what choices you have with respect to the information we collect about you. The Sites and our services available via the Sites are collectively called the “Services.” By using or accessing the Arthola Sites, you acknowledge that you have read and fully understood this Privacy Policy and our Terms of Service and they both apply to your use of the Services. If you do not read and fully understand this Privacy Policy, please leave the Sites and avoid or discontinue all use of the Services. This Privacy Policy is not intended to override the terms of any contract you have with us, nor any rights you might have under applicable data privacy laws. Where you have read this policy but would like further clarification, please contact us at support@arthola.com.

1. What we collect and how we use the information we collect?

Our primary goals in collecting information are to provide, operate and improve our Services, to administer your use of the Services (including your Account if you are an Account holder), and to enable you to enjoy and easily navigate our Services. Additionally, we collect your information, among other reasons stated below, to provide you with ongoing customer assistance and technical support, and to enhance our data security and fraud prevention capabilities.

Personally Identifiable Information. If you create a Arthola account via the Arthola Sites (an “Account”), we collect certain information that can be used to identify you or may be of private or sensitive nature, such as your name, age/birthdate, address, telephone number, e-mail address, details regarding connected third-party accounts (such as the e-mail or username for a connected PayPal, WeChat or AliPay account), or other information that can be used to contact you or identify you as an individual, including correspondences (including those made through or uploaded to our Services), and any other personal information provided to us by visitors and/or Users through their access to and/or use of the Services. (collectively, “PII”).

If you create your Account using your login credentials from a third party site or service, we'll be able to access and collect your name and email address and other PII that your privacy settings on that third party site or service permits us to access but we don't receive or store passwords for those third party sites and services. We cannot delete or change any PII that is stored on third party sites and services.

We collect and use your PII when you register for special services (e.g., Make money), sign up for e-mail newsletters and others. We use your PII to help customize advertising and content available on the Arthola Sites, to send you service-related notices and promotional information about products and services that may be of interest to you and/or to conduct research for internal purposes. Some features, services, and promotional opportunities that we offer may also ask you to submit PII to participate.

If you have uploaded Artist Materials, as defined in and pursuant to our Submission Policy, you have also authorized Arthola to use some of your publicly visible PII for distribution, advertising and promotional purposes.

Un-identified and Non-identified Information. Our servers automatically collect and record certain information about how a person uses our Services (we refer to this information as “Log Data”), for both Account holders and non-Account holders (such as Site visitors) (either will be referred to as a “User”).

Log Data may include information such as a User's Internet Protocol (IP) address, mobile device identifier, browser type, operating system, the pages or features of our Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Services on which a User clicked, the friends of Account holders who also use the Services, purchases made by the User, how often Users click on our advertisements, which files are downloaded most frequently, and which areas of our Site are the most popular and other statistics. We also collect certain information that your mobile device sends when you use our Services, including user settings, the operating system, as well as information about your use of our Services. We use this information to administer the Services and we analyze (and may engage third parties to analyze) this information to further develop, improve and enhance the Services by expanding their features and functionality and tailoring them to our Users' needs and preferences, and to make recommendations. We may use a person's IP address to fight spam, malware and identity theft. We also use the IP address to generate aggregate, non-identifying information about how our Services are used. For the avoidance of doubt, any Log Data that is connected or linked to PII (for example, in order to improve the Services we offer) is deemed and treated by us as PII, as long as such connection or linkage exists.

Like many Internet sites, we, together with our marketing, analytics and technology partners, also use “cookies” to collect information. A cookie is a small data file that we transfer to your computer and is stored on your hard drive when you access our Services. When you visit our Services the cookie identifies your computer to us so that you do not have to re-register each time you visit. This technology is used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our visitors and users with a better experience. We also use cookies to identify that you've logged in to the Services, to tell us how and when you interact with our Services, to monitor aggregate usage and web traffic routing on our Services, to return you to a persistent location of your choosing, and to customize and improve our Services and to measure the traffic to our Sites and the use of different features of the Services. Although most browsers automatically accept cookies, you can change your browser options to stop automatically accepting cookies or to prompt you before accepting cookies. Please note, however, that if you don't accept cookies, you may not be able to access all portions or features of the Services.

Third party advertisers that appear on the Sites may place cookies on your computer (or similar technologies such as clear gifs, web beacons, or web bugs) and their use of the information stored on those cookies is subject to their own privacy policies. You should visit their websites to learn about their privacy practices. Note that this Privacy Policy only covers our use of cookies and does not include the use of cookies by such third parties. Advertisers or other companies do not have access to Arthola's cookies.

Location Information. We will collect information about your location and/or use various technologies to determine your locations, such as by converting your IP address into a rough geolocation, or sensor data from your mobile device that provides information on nearby Wi-Fi access points and cell towers.

Your Address Book. We may ask our mobile applications users for access to the address books on their mobile devices, so that we may connect Account holders, however we will not access your address book without your permission to do so.

2. How do we collect information?
1. We collect information through your use of the Services. In other words, when you are visiting or using our Services, including when you browse the Site or a User Account, edit your Account and upload information and content, and/or download and use any Site feature or services, we are aware of it and will usually gather, collect and record such uses, sessions and related information, either independently or with the help of third-party services as detailed herein, including through the use of “cookies” and other tracking technologies, as further detailed above.
2. We collect information which you provide us voluntarily. For example, we collect the PII you provide us when you register to our Services; when you sign-in to our Services via third party services; when you place purchases; when you submit or upload such PII as you use any of our Services (e.g. Artist Materials); and/or when you contact us directly by any communication channel.

We also collect information from third party sources as described above.

3. How we share information?

We will only use and share your PII for the purposes set out in this Privacy Policy where you give us your permission and/or we are satisfied that:

1. our use of your PII is necessary to perform a contract or take steps to enter into a contract with you (e.g. to provide you with Services, to provide you with our customer assistance and technical support), or
2. our use of your PII is necessary to comply with a relevant legal or regulatory obligation that we have, or

our use of your PII is necessary to support legitimate interests that we have as a business (for example, to maintain and improve our Services by identifying user trends and the effectiveness of our promotional campaigns and identifying technical issues), provided it is conducted at all times in a way that is proportionate, and that respects your privacy rights.

Information Shared with Our Service Providers. We may share PII as well as aggregated information and non-identifying information that we collect with third party service providers whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, fraud detection and prevention services, industry analysis, demographic profiling, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement, data optimisation and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Services”).

Such Third Party Services may receive or otherwise have access to our visitors’ and Users’ PII, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes.

Information Shared with Advertisers. We may share aggregated information and non-identifying information that we collect with third party advertisers including in order to facilitate, sponsor, and offer certain contests, events and promotions, determine participants’ eligibility, monitor performance, contact winners and grant prizes and benefits.

We also may share hashed or otherwise obfuscated identifiers based on your PII with trusted partners who in turn may provide these identifiers to third party advertisers, advertising networks, advertising exchanges and analytics services to help us serve ads that are more targeted to your interests and to help us better understand the interests of users of our Sites.

Information Disclosed for Our Protection and the Protection of Others. Where permitted by local data protection laws, we will disclose PII when required by law or under the good-faith belief that such disclosure is necessary in order to conform to applicable law, comply with subpoenas, court orders or legal process served on Arthola, to establish or exercise our legal rights or defend against legal claims, and to protect the property or interests of Arthola, its agents and employees, personal safety, or the public. Under these circumstances, Arthola may be prohibited by law, court order or other legal process from providing notice of the disclosure, and Arthola reserves the right under those conditions to not provide notice in its sole discretion.

Parent Companies, Subsidiaries and Affiliated Companies. We may share PII internally within our family of companies, for the purposes described in this Privacy Policy.

APIs. We offer APIs for use by third parties to access various features of our Services and content on our Sites. Some APIs will be used by third parties to access and use your PII with the third parties' services however, your PII will not be accessed and used by a third party API user without your consent. We also offer APIs to some of our third party service providers to assist with provision of services to us, such as, but not limited to, credit card processing and shipping fulfillment services, and those third party API users will access and use your PII only in order to provide services to us for you, as noted above under “Information Shared with Our Service Providers”.

Information We Disclose with Your Consent or at Your Request. We will share your PII with third-party websites or platforms, such as social networking sites, if you have expressly requested that we do so.

Social Media Features and Framed Pages: Our Services include certain Social Media features and widgets, such as “Share this” button or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect information such as your IP address or which page you are visiting on our Sites, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties’ Social Media Features are governed by their policies and not ours.

For the avoidance of doubt, we may share your PII in manners other than as described above, pursuant to your explicit approval, or if we are legally obligated to do so. Moreover, we may transfer, share, disclose or otherwise use Non-personal Information in our sole discretion and without the need for further approval.

4. Where do we store your information?

PII of Account holders and non-Account holders (such as visitors to the Site) may be maintained, processed and stored by us and our authorized affiliates and service providers worldwide as necessary for the proper delivery of our Services and/or as may be required by law.

Our affiliates and service providers that store or process your PI on our behalf are each contractually committed to keep it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

Upon request we will provide you with information about whether we hold any of your PII. You may access, correct, or request deletion of your PII by contacting us at support@arthola.com. We will respond to your request within a timeframe imposed by local laws or a reasonable timeframe.

Data Localisation Obligations: If you reside in a jurisdiction that imposes “data localisation” or “data residency” obligations (i.e., requiring that PII of its residents be kept within the territorial boundaries of such jurisdiction), and we become aware of that, we may maintain your PII within such territorial boundaries, if we are legally obligated to do so. You acknowledge that while doing so, we may continue to collect, store and use your PII elsewhere.

Data Retention. We may retain your PII for as long as your Account is active, as indicated in this Privacy Policy or as otherwise needed to provide you with our Services. We may continue to retain such PII even after you deactivate your Account and/or cease to use any particular Services, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests. Where your PII is no longer required we will ensure it is securely deleted.

5. Your rights in relation to your Personal Information

It is imperative that you will have control over your PII. That is the reason why we are taking reasonable steps in order to enable you to access, receive a copy of, update, amend, delete, or limit the use of your PII. We may ask you for additional information to confirm your identity and for security purposes, before disclosing the Personal Information requested to you. We reserve the right to charge a fee where permitted by law, for instance if your request is manifestly unfounded or excessive. You have the right to lodge a complaint with your local supervisory authority for data protection (but we still recommend you to contact us first).

For all Arthola Users, if you wish to receive a copy, access and/or request us to make corrections to the PII that you have stored with us, or wish to request a list of what PI (if any) pertaining to you we disclosed to third parties for direct marketing purposes, feel free to send us an e-mail to support@arthola.com. We will make all reasonable efforts to honor your request promptly (unless we require further information from you in order to fulfil your request) subject to legal and other permissible considerations.

Note that when deleting your PII, you actually delete all your data, and will not be able to use our Service anymore. Please note that permanently deleting your Account erases all of your information from our databases. After completing this process, you can no longer use any of your Services, your Account and all its data will be removed permanently, and we will not be able to restore your account or retrieve your data in the future. If you contact Arthola Support in the future, the system will not recognize your Account and support agents will not be able to locate the deleted account.

6. Your Profile Page

Please note that when you create an Account, your profile page will display your Account user name and certain statistics regarding your own use of the Services, including but not limited to, the date you became an Account holder, the materials you posted, materials you liked and placed in your collections, your followers and other account holders that you follow, number of likes you generated, etc. The name you choose when creating your Account is visible to all Users of the Services. Arthola does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the Services. You may use the tools we make available via the Services to make decisions about what information about you, including PII, will be visible on your profile page and on the profile pages of other Account holders that you visit. Please note Accounts can be created either by individuals or companies. Note that in some cases, we may not be able to remove your PII from such areas.

Even if you choose not to receive information from us, we reserve the right to communicate with you on matters we consider especially important.

7. Making changes

You may review your PII by logging in and navigating to your Settings page on the website. Once there, you may modify information that is incorrect and delete certain information from your profile. You can also change your permission settings as to who is allowed to view materials uploaded to you, your collections and materials you liked.

8. Security

We have implemented security measures designed to protect the PII you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services. We also regularly monitor our systems for possible vulnerabilities and attacks, and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy.

However – regardless of the measures and efforts taken by us, we cannot and do not guarantee the absolute protection and security of your PII, or any other content you upload, publish or otherwise share with us or anyone else. We therefore encourage you to set strong passwords for your User Account, and avoid providing us or anyone with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm. Furthermore, because certain areas on our Services are less secure than others, and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any PII on any of these areas or via any of these methods. If you have any questions regarding the security of our Services, you are more than welcome to contact us at support@arthola.com.

9. International Transfers

Your PII may be transferred to, and maintained on, computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.

10. Children's Information

We do not intend that children under 13 years old will use our Services. We do not solicit or knowingly collect information from children under 13 years old, nor will we accept registration from them. Children between the ages of 13-16 require parental or guardian consent prior to accessing or using the Sites. If you are a parent or guardian of a child between the ages of 13-16, and you provide your consent to your child’s registration with any of the sites, you agree that you have read and fully understood this Privacy Policy and the Terms of Service, in respect of their use and access to the Sites and the Services.

11. Updates

Any information that we collect is subject to the Privacy Policy in effect at the time the information is collected by us. However, we may update this Privacy Policy as required by applicable law from time to time as our Services change and expand, and to reflect changes to our information collection, usage and storage practices. If we update this Privacy Policy, we will notify you about significant changes by sending a notice to the email address specified in your Account, with the use of an internal message directed to your Account or by posting a notice of such changes on the Sites. We encourage you to periodically review this page for the latest information on our privacy practices.

12. Scope

The Arthola Sites contain links to other websites and/or services. This Privacy Policy does not apply to the practices of any companies or individuals that Arthola does not control, or any websites and/or services that you link to from the Arthola Sites. Arthola is not responsible for the content, privacy or security practices and policies of those companies, individuals, websites and/or services and any information that you provide on or to third-party companies, individuals, websites or services are subject to those parties' privacy policies. You should use caution and review the privacy policies of any websites that you visit from ours to learn more about their information practices before providing your PII.

AGREEMENT

This is the agreement ("Agreement") between you as either an individual artist or as the legal authorized representative of a group artist ("Artist") and Arthola, ("Arthola") concerning the uploading of Artist's audio, visual, audiovisual and other materials (the "Artist Materials" defined below) to the Arthola.com website, Arthola mobile apps and smart TV apps and concerning Arthola's use of Artist Materials on the Arthola Services. If Artist is agreeing on behalf of a group artist or a group of artists then each reference to "Artist" in this Agreement refers to each member of the group or the group as a whole, as the case may be. Artist and Arthola acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Artist Materials and any former submissions of Artist Materials:

1. Term. The term ("Term") of this Agreement starts on the date that the Artist Materials are initially uploaded to any Arthola Site(s) and continues until either Artist or Arthola terminates this Agreement in writing, with or without cause or by the removal of Artist Materials for the purpose of termination all subject to the survival of certain undertakings in this agreement set out in paragraph 15 (f), below:
1. To the extent this Agreement is terminated by Artist, the rights granted in this Agreement will terminate only after Artist has removed all of his or her Artist's Materials from the Arthola Site(s) excluding those Artist Materials that cannot be removed by Artist (e.g. likes posted to Arthola), and Arthola has received notice of the removal. If this Agreement is terminated by Arthola, this Agreement will terminate when Arthola removes Artist's Materials from the Arthola website excluding comments posted to Arthola by Artist. If the Agreement is terminated in these ways, the parties agree to cooperate in providing an orderly termination of the relationship.
2. Artist can selectively terminate this agreement with respect to any individual work posted by Artist to Arthola by removing the posted work from Arthola and this selective termination with respect to an individual work will become effective when Arthola receives notice of the removal. Arthola provides a removal function with respect to individual works posted by Artist and the proper use of this function shall serve as notice of removal.  If the Agreement is terminated with respect to an individual work in this way, the parties agree to cooperate in providing an orderly withdrawal of the work to the extent it has been licensed to third parties under this agreement or to the extent that Artist has placed the work in the Print program or similar commercial efforts within Arthola Sites.
2. Ownership. Artist at all times retains all right, title and interest in and to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to Arthola under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement.
3. License To Use Artist Materials. As and when Artist Materials are uploaded to the Arthola Site(s), Artist grants to Arthola a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
1. to prepare and encode Artist Materials or any part of them for digital or analog transmission, manipulation and exhibition in any format and by any means now known or not yet known or invented;
2. to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented;
3. to modify, adapt, change or otherwise alter the Artist Materials (e.g., change the size) and use the Artist Materials as described in Section 3(b); and
4. the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.
5. Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
6. During the Term, Arthola's licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the Arthola Sites.
7. As used in this Agreement, the term "Artist Materials" means any content uploaded to the Arthola Site(s) which may include without limitation Artist's name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, audio-visual materials, artwork, liner notes, and other graphical, textual, video, film or audio materials and any and all "skins," computer-generated images or other artwork or images that Artist submits to Arthola in any medium or format whatsoever.
4. Name and Likeness. Artist also grants to Arthola:
1. a worldwide, royalty-free, non-exclusive license to use Artist's name(s), group name, photograph and/or likeness(es) and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the Arthola Site(s)as described hereunder, during the Term;
2. Artist also agrees not to assert against Arthola any privacy, publicity, moral or similar rights held by Artist and on behalf any other person(s) whose name(s), photographs and/or likeness(es) and/or performances are embodied in the Artist Materials. Artist also agrees that any persons other than Artist appearing recognizably or otherwise in Artist Materials will not assert of any privacy, publicity, moral or similar rights) under the laws of the United States and any other country in connection with the exploitation of the materials as described in this Agreement; and,
3. To the extent that the Artist Materials contain the name(s), group name, photograph and/or likeness(es) and biographical materials of any other person, Artist hereby grants to Arthola a worldwide, royalty-free, non-exclusive license to use them in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, as described in this Agreement, during the Term.
5. Limitation Of Rights The rights and licenses granted to Arthola under sections 3 and 4 of this Agreement require Arthola to obtain Artist consent before Arthola makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with Arthola but as an individual work of art or as a group of works from a single Artist in isolation from any other works. No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the Arthola Site(s) or in connection with the distribution of content groups from the Arthola Site(s) and/or for uses of the Artist Materials made at the discretion of a visitor to the Arthola Site(s) or other users under agreements with Arthola. Arthola will contact Artist in writing about any individual commercial uses of Artist Materials instigated by Arthola.
6. Payment Unless otherwise agreed between Artist and Arthola in a writing from Arthola, the license granted to Arthola under this Agreement is royalty-free.
7. Representations and Warranties. Artist represents and warrants that:
1. Artist has the full right and power to enter into and perform this Agreement and to grant Arthola all rights to use the Artist Materials as contemplated in this Agreement, including, without limitation, the license grants in Sections 3, 4 and 5,
2. Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Arthola the rights to use the Artist Materials set out in this Agreement (including, without limitation, consents and permissions from owners of any elements that are used in the Artist Materials),
3. the Artist Materials (and Arthola's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
4. all information that Artist has provided or will provide to Arthola is true and complete,
5. the Artist Materials do not and will not violate any law, statute, ordinance or regulation,
6. the Artist Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, violations of child pornography or child sexual exploitation laws,
7. the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Arthola or any third party, and
8. if Artist or any member of Artist's group is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person's performance of the terms of this Agreement. These warranties shall survive any termination of this Agreement.
8. Third Party Payments. Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials.
9. Indemnity. Artist agrees to defend, indemnify, reimburse and hold Arthola and its parent, subsidiary and affiliated entities, and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
1. Artist's use of the Arthola Site(s);
2. any breach or alleged breach of Artist's representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
3. Artist's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Artist Materials as provided in this Agreement
10. Arthola's Performance. Artist acknowledges and agrees that the operation of the Arthola Site(s) may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and Arthola will not be responsible to Artist or others for any interruptions, errors or problems or even for an outright discontinuance of the Arthola service. There are no assurances whatsoever that any of the Artist Materials or any part or element of Artist materials will actually be used on the Arthola Site or if used will continue to be available for any particular time. Arthola has the right, in Arthola's sole and absolute discretion, to remove from the Arthola Site(s) at any time the Artist Materials or any part of them and/or to revoke any sublicense granted by Arthola to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Arthola does not control the content of the Artist Materials and does not have any obligation to monitor the content of the Artist materials for any purpose or reason. Artist acknowledges that Artist is solely responsible for all content submitted to the Arthola Site(s) by Artist. The Arthola Site may be discontinued at any time, with or without reason and all Artist materials uploaded to Arthola may be removed and unavailable for recovery by any means. Artist and only Artist is responsible for maintaining at Artist's expense and in facilities owned or controlled only by Artist any and all original materials or so-called back-up copies of all or any part of the Artist Materials.
11. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ARTHOLA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO
1. UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF THE ARTHOLA SITE, AND
2. IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THE ARTHOLA SITE AND ANY SERVICES PROVIDED BY ARTHOLA HEREUNDER. IN ADDITION, ALTHOUGH ARTHOLA INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER DESTRUCTIVE MATERIALS TO THE ARTHOLA SITE(S), AND WHETHER OR NOT ARTHOLA IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, ARTHOLA DOES NOT WARRANT THAT THE ARTHOLA SITE(S), ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH THE ARTHOLA SITE(S) IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
12. No Liability for Third Party Use. ARTHOLA DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE ARTIST MATERIALS MADE AVAILABLE ON THE ARTHOLA WEBSITE BY THE ARTIST PURSUANT TO THE TERMS OF THIS AGREEMENT. ARTIST SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF ARTIST MATERIALS BY A THIRD-PARTY, AND NOT FROM ARTHOLA. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS ARTIST MATERIALS FROM ARTHOLA (WHETHER OR NOT WITH ARTHOLA'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT ARTIST WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM ARTHOLA, AND THAT ARTIST WILL NOT HOLD Arthola RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
13. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL ARTHOLA, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTIAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT ARTHOLA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE ARTHOLA SITE(S). IN NO EVENT SHALL ARTHOLA'S TOTAL LIABILITY TO ARTIST UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED $5. THE PARTIES ACKNOWLEDGE AND AGREE THAT ARTHOLA HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN ARTIST AND ARTHOLA, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
14. Copyright and Trademark Notices. Arthola, the Arthola logos and mascots, and the layout and design of the Arthola Site(s), among other marks that may appear on the Arthola Site(s) are trademarks of Arthola Inc., LLC (the "Arthola Marks"). Other trademarks and service marks on the Arthola Site(s) may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the Arthola Marks without Arthola's prior written permission, and Artist may not use any third-party marks without the third party's prior written permission.
15. Miscellaneous.
1. Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF HONG KONG WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE COURT LOCATED IN HONG KONG, AND ARTIST AND ARTHOLA BOTH IRREVOCABLY AGREE TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
2. Assignment. Arthola shall have the right to assign this Agreement in whole or in part to any person or business entity. Artist may not assign Artist's rights or delegate Artist's obligations under this Agreement without the prior written consent of Arthola.
3. Notice. All notices, requests and other communications ("Communications") under this Agreement must be in writing and sent to Arthola at its legal address as provided on Arthola's site. Communications shall be deemed received:
1. for Communications sent by registered or certified mail, postage prepaid, return receipt requested or by DHL or other reputable overnight courier service, on the date of receipt or refusal as indicated on the return receipt;
2. for Communications sent by personal delivery, on the date of personal delivery; and
3. No other form of notice shall be accepted under this Agreement, other than the electronic notification for individual works under the circumstances specifically described in 1(b).
4. Entire Agreement. This Agreement sets forth the entire understanding and agreement of Artist and Arthola as to the subject matter hereof and supersedes all prior proposals, discussions or agreements (oral and written) with respect to such subject matter.
5. Modification. Arthola reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Arthola will notify Artist of any material changes to this Agreement by sending an email to the address listed in Artist's account. If Artist continues to upload Artist Materials after being notified of the changes to the Agreement, Artist will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Artist Materials. If Artist does not accept the new terms of the Agreement, Artist's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
6. Survival. The provisions of Sections 1, 3(e), 4(b) 5, 6, 7, 8, 10, 11, 12, 13, 14 and 15 shall survive any termination of this Agreement. In addition, any sublicenses granted to third parties for the display of Artist Materials on electronic or other devices pursuant to Section 3 shall survive any termination of this Agreement for such reasonable time as may be necessary to withdraw Artist Materials from the particular license; any use of Artist Materials pursuant to Section 3 with respect to the making of so-called backup copies or caching of Arthola Sites or any equivalent activity or function for general site maintenance and protection shall survive any termination of this Agreement; and, Artist Materials consisting of comments posted to Arthola will remain as part of the Arthola database and available to all users of Arthola Sites following termination of this Agreement.

Children's Online Privacy Protection Act (effective April 21st, 2000) is limited to prohibiting any child under the age of 13 from opening, maintaining, or otherwise using an account with us. This restriction stands even when parental permission is granted.

As we collect certain pieces of identifiable information and since an Arthola account allows a user to publicly display various types of personal and identifiable information, we cannot allow children under the age of 13 to utilize an account at this point in time.

All accounts found to be used or maintained by a child under the age of 13 will be closed automatically and without notice. Accounts closed in this fashion will be preserved until their user reaches the minimum required age of 13 years old.