WORLDARTS TERMS OF USE

Last Revised: September 1, 2015

These Terms of Use (the “Terms”) govern your use of the WorldArts.com Web site and all mobile applications and Web sites owned or operated by WorldArts Media, Inc. (“WorldArts,” “we,” or “us”), any other websites or mobile applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by WorldArts, and any other applications, interactive features, pages, widgets and resources offered by WorldArts through traditional Internet websites, social media, mobile devices or other platforms (all of which are collectively referred to as the “WorldArts Service” or “Service”). Please read these Terms carefully before using the Service.  By using the Service, you affirm that you have read and understand, and agree to be bound by, these Terms.  If you do not agree to these Terms, you may not use the WorldArts Service.

For information regarding buying and selling experiences or other items using our Service and its commerce platform, please see our Sales Terms which are hereby incorporated by reference into these Terms.

If you are using or opening an account on the Service on behalf of a company, entity or organization (including, but not limited to, a band) (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.

 

  1. GENERAL
    1. Changes to these Terms. The Website and portions of the Service are owned and operated by WorldArts. WorldArts reserves the right to revise these Terms in its sole discretion at any time. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. Your continued use of the Service after a revised version of these Terms has been posted by WorldArts to the Website constitutes your binding acceptance of such revision and the revised Terms. Notwithstanding the preceding sentences of this Section 1.1, no revisions to these Terms will apply to any dispute between you and WorldArts that arose prior to the date of such revision.
    2. Evolving Nature of Service. The Service is continually under development and changes to the Service may be made at any time. If you disagree with the Terms or are in any way dissatisfied with the Service, we hope you will let us know by sending an e-mail to support@WorldArts.com, but your sole remedy is to discontinue your use of the Service.
  2. ADDITIONAL TERMS.
    Your use of certain parts of the Service may be subject to additional terms and conditions ("Additional Terms").  If Additional Terms apply to a Service (for example, in connection with a promotion, contest, or ecommerce offering), we will make them available for you to read through your use of that portion of the Service.  By using the Service, you agree to the Additional Terms.
  3. ELIGIBILITY.
    The Service is not intended for children under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.  If you are 13 years old or older but younger than the applicable age of majority where you live, you affirm that you have obtained the consent of your parent or legal guardian to use the SpeakBeat Service or that or that you are an emancipated minor.
  4. MATERIALS SUBMITTED TO THE SERVICE; LICENSE GRANT FROM YOU TO WORLDARTS
    1. User Content. As between you and WorldArts, you own all the content that you upload, share or transmit to or through the Service, including, without limitation, musical works, sound recordings, literary works, photographs, audiovisual works, artwork, comments, information regarding commerce offerings listed on the Service, and messages (collectively, “User Content”). For the avoidance of doubt, this includes User Content that may be uploaded to and/or accessed from third-party sites that may host all or any portion of your User Content, such as, by way of example and not limitation Facebook, YouTube, Vimeo, and Soundcloud (each a “Hosting Service” and, collectively, the “Hosting Services”). You are solely responsible for all User Content you submit to or through the Service, including sound recordings (and any musical works embodied therein) transmitted by you through the Service to any Hosting Services (and, for clarity, the terms of use of such Hosting Services will govern with respect to the content you transmit to such services and your use of such services).
    2. You agree, represent, and warrant that any User Content you upload or transmit to or through the Service is truthful, accurate, not misleading, and offered in good faith, and that you have all rights, licenses, permissions, and authorizations necessary to upload and transmit the User Content to and through the Service and grant the rights to the User Content as set forth in these Terms. You must not upload or transmit any User Content to or through the Service [or to us through email] that you consider to be confidential or proprietary or the rights to which have not been cleared by you. Except as otherwise expressly agreed to in a separate writing signed by you and an authorized representative of WorldArts, or as otherwise specified in these Terms, any User Content uploaded or transmitted to or through the Service or to us via email will be considered non-confidential, and treated as such by WorldArts, and, subject to Section 4.3 and Section 4.4 below, may be used by WorldArts for any purpose or disclosed by WorldArts to any third party with or without notice to you and without any liability to WorldArts.
    3. License Grants. Except as expressly provided in WorldArts’s Privacy Policy, you hereby grant WorldArts a non-exclusive, unrestricted, assignable, sublicenseable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions), create derivative works from, transmit to third party sites and Hosting Services, store, transcode, broadcast, transmit, reproduce, edit, modify, create derivative works and otherwise use and reuse your User Content (or any portions or derivative works thereof and excluding only Reserved User Content as defined below), through any media and formats now known or hereafter developed, including third party sites, Hosting Services, and applications, for any purpose, including without limitation for the purposes of: (a) advertising, marketing, and promoting (including through the public performance, public display, making available, and communicating to the public) you, your User Content, WorldArts, and the Service, in WorldArts’s sole discretion; (b) distributing your User Content and information about you and your User Content to the public, either directly or through third party sites, in accordance with your user settings in the WorldArts Editor; (c) sharing information about your User Content with third parties, Hosting Services and third party sites for any use or purpose selected by WorldArts, including, by way of example and not limitation, for use in charting the popularity of User Content on the Service and making your calendar of appearances publicly available; (d) providing biographical information about you and your User Content in connection with your involvement with any event, good or service; (e) transmitting or distributing your User Content to third party sites and/or Hosting Services, such as, by way of example and not limitation, SoundCloud or other data or cloud computing service providers, for the purpose of reproducing, hosting, storing, and managing or storing your User Content; and (f) transmitting or distributing your User Content to any other third party authorized by you to access such User Content, such as, by way of example and not limitation, WorldArts API developers. You further grant WorldArts a royalty free license to Use your name, image, voice, likeness, any photographs or artwork (e.g., album cover artwork) made available by or on your behalf through the Service in conjunction with advertising, marketing, or promoting you, your User Content, WorldArts, or the Service. FOR THE AVOIDANCE OF DOUBT, THE RIGHTS GRANTED IN THE PRECEDING SENTENCES OF THIS SECTION 4.3 INCLUDE, BUT ARE NOT LIMITED TO, THE RIGHT TO REPRODUCE SOUND RECORDINGS (AND MAKE MECHANICAL REPRODUCTIONS OF THE MUSICAL WORKS EMBODIED IN SUCH SOUND RECORDINGS), PUBLICLY PERFORM SOUND RECORDINGS AND MUSIC VIDEOS (AND THE MUSICAL WORKS EMBODIED THEREIN), AND PUBLICLY DISPLAY ANY LYRICS UPLOADED BY YOU TO THE SERVICE, ALL ON A ROYALTY FREE BASIS. This means that you are granting WorldArts the right to Use the User Content you upload to and through the Service without the obligation to pay any royalties to any sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a musical works performing rights organization (a “PRO”) (e.g., ASCAP, BMI and SESAC in the United States or comparable PROs outside of the United States such as PRS for Music in the United Kingdom), a sound recording PRO (e.g., SoundExchange, Inc.), any unions or guilds (e.g., the American Federation of Television and Radio Artists (“AFTRA”) or American Federation of Musicians (“AFM”)), and engineers, producers or other participants involved in the creation of User Content.
    4. Reserved User Content. The Service may from time to time permit you to designate certain User Content for limited release and distribution. For example, you may wish to upload certain sound recordings or music videos to or through the Service that you want to be made available only to certain business partners for a limited time period before the content is made generally available to the public (e.g., an exclusive sneak preview or limited release window). Similarly, you may wish to provide certain content that is only available to promotional partners who are sponsoring a tour or working with you to promote a particular product or service. To the extent the functionality of the Service permits a user to distinguish between different types of User Content, the Service will permit you to designate such limited-use content (“Reserved User Content”) through a specially designated tab in your account page on the Service (the “Promotional Tab”). Only certain User Content can be designated as Reserved User Content, and any content improperly designated as Reserved User Content will be treated as User Content. Content that may not be designated as Reserved User Content will be identified through the Service. By way of example and not limitation, Reserved User Content may not include (a) general biographical information, (b) tour date information, and (c) discography information. Reserved User Content may include (x) music videos and (y) sound recordings. The grant of rights in Section 5.3 shall apply to all Reserved User Content; provided, however, that the third parties designated in a Promotional Tab to have access to Reserved User Content will be the only parties granted access to your Reserved User Content for the duration of the time period set by you in the Promotional Tab. The limitations set forth in this Section 4.4 may be subject to the terms of any Hosting Services on which any Reserved User Content may be uploaded, reproduced, or hosted (e.g., SoundCloud), or the terms of any third party sites to which any Reserved User Content may be transmitted or distributed, and WorldArts makes no representations and warranties with respect to any limitations that may be imposed on any Reserved User Content uploaded by you to a Hosting Service or transmitted or distributed to third party sites.
    5. Limitations on Grant of Rights to WorldArts. Notwithstanding the grant of rights in Section 4.3, nothing contained in these Terms grants WorldArts a right or license to: (a) sell phonorecords (e.g., CDs, LPs or digital downloads) of User Content unless you specifically authorize WorldArts to sell phonorecords through an election made through your account, to the extent WorldArts provides the functionality for the sale of content through the Service; (b) authorize third parties to incorporate any User Content (including Reserved User Content) in any audio-only or audiovisual commercials, television programs, movies or any similar audiovisual works; or (c) Use User Content to promote any other good or service other than you, your User Content, WorldArts or the Service unless you authorize WorldArts to do so through a separate writing, click-through consent, opt-out mechanism, or opt-in mechanism in your user setting on the Service, or some other WorldArts approved method (such approvals are, collectively, “Authorized Approval Methods”). Nothing herein shall preclude WorldArts from linking to any third party sites through which sales of phonorecords, audiovisual works, and other merchandise embodying your sound recordings, name, voice, image, etc. may be facilitated (e.g., Apple’s iTunes).
    6. Waiver of Rights. By uploading User Content to or through the Service you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content (excluding only Reserved User Content). You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof, including, without limitation, your name, likeness, voice, image, and persona or any advertising or publicity relating thereto. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload to or through the Service, during the term of these Terms. You expressly release WorldArts and all of WorldArts’s agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the use of your User Content. Notwithstanding the preceding sentences of this Section 4.6, you should let us know immediately if you object to any uses of your User Content on or through the Service or in the promotion of the Service. We will consider all reasonable requests to terminate any Use that you find objectionable, but we shall have no liability to you if we do not or for any use authorized in these Terms.
    7. Requirement that You Be an Owner of or Fully Authorized to Grant the Rights To User Content. If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to upload or transmit to or through the Service, including to any Hosting Services or third party sites, then you must not upload the User Content to or through the Service. In addition, if you only own the rights in and to a sound recording, for example, but not to the underlying musical works embodied in such sound recordings, then you must not upload such sound recordings to the Service unless you obtain all necessary rights, authorizations, and permissions with respect to such embedded musical works that grant you sufficient rights to sublicense to WorldArts according to these Terms. For example, cover songs are not permitted on the Service unless you have cleared all rights to the song covered by the artist/band.
    8. Specific Rules for Musical Works. If you are a composer or author of a musical work and have affiliated with a PRO, then you must notify your PRO of the royalty free license granted by you to WorldArts through these Terms. Each PRO has different rules with respect to providing notification for a direct license. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of such music publisher to grant the royalty free license set forth in these Terms or have such music publisher enter into these Terms with WorldArts. Just because you authored a musical work (e.g., wrote a song) doesn’t mean you have the right to grant WorldArts the licenses contained in these Terms.
    9. Confirmation of Rights. WorldArts reserves the right to demand confirmation from you in writing of all authorizations, licenses, permissions, and consents obtained by you (if any) with respect to any third-party materials embodied in User Content you upload to or transmit through the Service. If you fail to provide us with such confirmation upon request, we reserve the right to remove or deny access to any or all of your User Content available on or through the Service and to suspend or terminate your account with WorldArts. We will have no liability to you for any actions taken by us pursuant to this Section 4.9
    10. Rights for third party sites; Through-to-the-Audience Rights. Just to be clear, the rights granted by you in these Terms include the right of WorldArts to Use User Content you upload or submit to or through the Service through the Site and third party sites, such as Facebook, and all of the rights granted herein by you are provided on a through-to-the-audience basis, meaning the owners or operators of such third party sites will not have any separate liability to you or any other third party (e.g., a PRO) for User Content uploaded to, transmitted, reproduced or publicly performed or displayed through the Service or such third party sites, or otherwise made available to or through such third party sites.
    11. Representations and Warranties with Respect to User Content. By uploading or transmitting User Content to or through the Service, you hereby represent and warrant to WorldArts that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (b) the use of such User Content in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require WorldArts or any Third Party Site on or through which the Service is made available to pay any fees of any kind to any third party, including, but not limited to, any sound recording copyright owner, any musical work copyright owner, any PRO (musical work or sound recording), any union, guild, non-featured vocalist or musician, engineer, producer, co-author, record royalty participant or any other person or entity, or any use or re-use fees for the Use of any sound recording or audiovisual work. In addition, by listing items, services or products for sale on the Service, you hereby represent and warrant to WorldArts that you have obtained all rights, permissions, authorizations, licenses and clearances necessary for you to list and sell such items, services or products and such listings and sales will not infringe the rights of any third party, including copyright, trademark, patent or other intellectual property rights, such as rights of privacy or publicity.
    12. Feedback.  You agree that WorldArts and its affiliates are free to use for any purpose whatsoever, ideas, know-how, concepts, techniques, comments, criticisms, reports or other feedback (“Feedback”), whether oral, written or video/multimedia, that you may send to WorldArts or its affiliates.  You acknowledge and agree that you have no expectation of compensation or confidentiality of any nature, and that WorldArts has no duties to you, with respect to such Feedback.
  5. REGISTRATION
    1. Log In Credentials. In order to use the Service you will have to register and log in using your Facebook credentials or an email address although we reserve the right to require or permit a separate, non-Facebook user name and password in our sole discretion. The Service permits multiple users to have access to the same account profile on the Service (e.g., an artist and the artist’s manager may both be granted access to the artist’s user profile). You are responsible for maintaining the confidentiality of your Facebook credentials in order to use the Service, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify WorldArts immediately of any unauthorized use of your Facebook credentials or any other breach of security with respect to your account. You should also immediately notify Facebook of any unauthorized use of your credentials. WorldArts will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying WorldArts of such unauthorized use or loss of your credentials, including any changes made to the authorizations on your Promotional Tab, if any. Separate log in credentials may be required for third party sites and Hosting Services by the owners and/or operators of such sites or services.
    2. Accuracy of Information. You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by WorldArts. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, WorldArts reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
  6. PROHIBITED ACTIVITIES
    1. In using the Service, you agree not to:
      1. Create a false identify or impersonate another person or entity in any way;
      2. Upload or otherwise transmit to or through the Service any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in User Content;
      3. Upload or otherwise transmit to or through the Service any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Service or computers of any kind;
      4. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
      5. Restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person or collect information about users of the Service;
      6. Gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
      7. Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Service, use of the Service, access to the Service or content obtained through the Service, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without WorldArts’s express written consent:
        1. copying, caching or reformatting any User Content for commercial purposes in any fashion whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from the Service to alternative delivery formats;
        2. framing, embedding and/or passing off User Content obtained from the Service in such a manner as to present them as originating from a source other than the Service;
        3. altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
        4. using any trademarks, service marks, design marks, logos, photographs or other content belonging to WorldArts or obtained from the Service.
      8. Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service;
      9. Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of any part of the Service or any content on the Service, or features that enforce limitations on the use of the Service or any content on the Service;
      10. Use any scraper, spider, robot or other automated means of any kind to access the Service, except and solely to the extent permitted by these Terms and the features of the Service, deep-link to any feature or content on the Service, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Service;
      11. Interfere with or disrupt the Service, networks or servers connected to the Service or violate the regulations, policies or procedures of such networks or servers;
      12. Violate any applicable federal, state or local laws or regulations or these Terms; or
      13. Assist or permit any persons in engaging in any of the activities described above.
  7. INTELLECTUAL PROPERTY RIGHTS
    1. The content on the Service, other than User Content, including, without limitation, photos, clips, videos, text, software, scripts, graphics, sounds, music, interactive features and the like (collectively, the “Content”) and the “WorldArts” word mark and the WorldArts design mark, as well as certain other of the names, logos and materials displayed on or through the Service that constitute trademarks, tradenames, service marks or logos (the “Marks”) are owned by or licensed to WorldArts and are subject to copyright, trademark and other intellectual property rights under U.S. and international laws.  You agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes the WorldArts Service or any portion of the WorldArts Service, including, without limitation, the Content and the Marks, except as authorized by these Terms or as otherwise intended or authorized by WorldArts and its applicable licensors.
    2. The WorldArts Service is provided for your personal, non-commercial use only.  You must abide by all copyright notices, trademark notices, information and restrictions contained in or associated with any Content.  You must not remove, alter, interfere with or circumvent any copyright, trademark or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure associated with the Content.
  8. LINKS TO THIRD PARTY SITES AND HOSTING SERVICES.
    The Service may contain links to third party websites or Internet resources that are not owned or controlled by WorldArts.  WorldArts’s provision of a link to any other website or Internet resource is for your convenience only and does not signify WorldArts’s endorsement of such other website or resource or its contents.  WORLDARTS SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT, INFORMATION, SOFTWARE, MATERIALS OR PRACTICES OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE, INCLUDING ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WORLDARTS SERVICE OR ANY LINKED WEBSITE OR FEATURED IN ANY ADVERTISING.
  9. INDEMNITY.
    You agree to indemnify, defend, and hold harmless WorldArts and its parent, subsidiaries, affiliates, investors, partners, sublicensees or any related companies, licensors and suppliers, and their respective directors, officers, employees, agents, representatives, contractors, and assigns and other WorldArts users who use any User Content you upload to or make available on or through the Service, from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorneys’ fees and court costs) arising from or in any way related to: (1) your use or misuse of the Service; (2) your User Material, including WorldArts or any user’s Use of your User Material consistent with these Terms; (3) your breach or other violation of these Terms including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Material or commerce offering infringes or violates any third-party intellectual property rights or other proprietary rights, including any claims for the payment of so-called mechanical royalties, synchronization royalties, master use royalties, public performance royalties, or any other royalties or fees claimed by any owner or other party claiming any right in or to all or any portion of any User Material uploaded or transmitted by you on or through the Service or commerce offerings sold or marketed through the Service. Notwithstanding the foregoing, WorldArts reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify WorldArts if WorldArts, in its reasonable discretion, concludes that you are not adequately protecting WorldArts interests or are incapable of protecting WorldArts interests, and you agree to cooperate with WorldArts defense of these claims. You agree not to settle any matter without the prior written consent from WorldArts. WorldArts will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
  10. DISCLAIMERS
    1. THE SERVICE, USER MATERIALS, AND ANY THIRD-PARTY CONTENT, SOFTWARE, SERVICES OR APPLICATIONS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICE, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT) AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
    2. WorldArts and its affiliates make no warranties or representations that the Service will meet your requirements or that the results that may be obtained from use of the Service will be accurate or reliable.  Further, WorldArts and its affiliates make no warranties or representations about the accuracy or completeness of content available on or through the Service or the content of any websites linked to the Service and assume no liability or responsibility for any: (a) errors, mistakes or inaccuracies of content; (b) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (d) any interruption or cessation of transmission to or from the Service; (e) any bugs, viruses, Trojan horses or the like which may be transmitted to or through the Service by any third party; and/or (f) for any loss or damage of any kind incurred as a result of the use of any content posted, e-mailed, transmitted or otherwise made available on or through the Service..
  11. LIMITATIONS OF LIABILITY.
    1. NO CONSEQUENTIAL DAMAGES.  IN NO EVENT WILL WORLDARTS OR ITS OFFICERS, DIRECTORS, LICENSORS OR SUPPLIERS BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICE OR ANY CONTENT (INCLUDING USER CONTENT) MADE AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF WORLDARTS OR ITS LICENSORS OR SUPPLIERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    2. LIMITATION ON DIRECT DAMAGES.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORLDARTS OR ITS LICENSORS OR SUPPLIERS BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS OR (2) THE AMOUNT OF FEES YOU HAVE PAID WORLDARTS IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY.
    3. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT WORLDARTS’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  12. TERM AND TERMINATION
    1. Termination by WorldArts. Your right to use the Service automatically terminates if you violate these Terms or any rules or guidelines posted in connection with the Service.  WorldArts reserves the right, in its sole discretion, to terminate your access to all or part of the Service, for any reason, with or without notice.  FURTHER, YOU AGREE THAT WORLDARTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR REMOVING YOUR (OR ANY OTHER PERSON’S) USER SUBMISSIONS OR FEEDBACK OR SUSPENDING OR TERMINATING YOUR (OR ANY OTHER PERSON’S) ACCESS TO THE WORLDARTS SERVICE (OR ANY PORTION THEREOF).Upon WorldArts’ termination of your use of the Service, WorldArts may delete any of your User Content available on or through the Service and terminate your access to your User Content if those materials remain on the Service, without any liability to you.
    2. Termination by You.
      1. You are free to terminate your use of the Service at any time. You can simply choose to stop visiting or using any aspect of the Service. If you wish to terminate your account on the Service, you may do so by sending an e-mail to support@WorldArts.com or using any other account termination functionality that may be offered through the Service. The deletion of your account will not, however, remove all of your User Content from the Service unless you also make a specific election to remove your User Content from the Service. Although we give you the option to delete all of your User Content from the Service, you are free to keep previously uploaded or posted User Content on the Service (including Reserved User Content) for an unlimited period of time, subject to a change to these Terms. If you are a band, keeping your User Content on the Service even after you close your account may permit your fans to have continued access to your music. If you do choose to keep User Content on the Service following termination, these Terms will continue to apply in full force and effect for so long as such materials are available on or through the Service.
      2. You hereby grant WorldArts the right to retain all User Content on WorldArts servers for a period of not more than 30 days following a request to terminate a user account and/or delete User Content from the Service.  In the event that there is a request to terminate a user account and/or delete User Content from a user account for which more than one person has administrative rights for such account, an e-mail notice will be sent to all users having administrative rights for such account notifying them of the request of at least one administrative user to terminate the account and/or delete all User Content associated with such account. All other administrative users shall thereafter have 30 days within which to object to the request to terminate such account and/or delete User Content. If no action is taken by another user holding administrative rights to an account within such 30-day period, the account shall be terminated and all User Content will be deleted from the Service unless an election is made pursuant to Section 12.2(a) to retain User Content on the Service notwithstanding the termination of a user account. If, however, any user having administrative rights for such account objects to the termination of such account and/or the deletion of User Content within the 30-day notice period, then such account shall not be terminated and the users holding administrative rights should resolve amongst themselves the question of whether a user account should be terminated and/or User Content deleted from the Service. In the absence of an agreement among users holding administrative rights to the same account, the user account shall remain active and all User Content shall remain on the Service absent an order from a court of competent jurisdiction to the contrary. You should therefore be careful before giving others administrative rights to an account.
  13. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS
    1. WorldArts respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Service.
    2. WorldArts intellectual property policy is to (1) remove material that WorldArts believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Service, and (2) remove any User Content posted to the Service by “repeat infringers.” WorldArts considers a “repeat infringer” to be any user that has uploaded User Content to the Service and for whom WorldArts has received more than two takedown notices compliant with the provisions of 17 U.S.C. § 512(c) with respect to such User Content. WorldArts has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon WorldArts own determination.
    3. Procedure for Reporting Claimed Infringement.
      1. If you believe that any content made available on or through the Service has been Used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to the Designated Agent identified below. Your communication must include substantially the following:
        1. A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
        2. Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
        3. Identification of the specific 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 WorldArts to locate the material;
        4. Information reasonably sufficient to permit WorldArts to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
        5. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
        6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    4. You should consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
    5. Designated Agent Contact Information8500 Steller Drive, Suite 7, Culver City, CA 90232
    6. Please do not send notices or inquiries unrelated to alleged copyright infringement to WorldArts’s designated agent.
    7. Counter Notification.
      1. If you receive a notification from WorldArts that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide WorldArts with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to WorldArts Designated Agent through one of the methods identified in Section 13.4, and include substantially the following information:
        1. A physical or electronic signature of the subscriber;
        2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
        3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
        4. The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which WorldArts may be found, and that the subscriber will accept service of process from the person who provided notification under Section 13.3 above or an agent of such person.
    8. A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
  14. PRIVACY.
    Use of the Services are governed by WorldArts’s Privacy Policy, which policy is hereby incorporated into these Terms by reference.
  15. JURISDICTIONAL ISSUES.
    The Site and the Service are controlled and operated by WorldArts from its offices within the State of California. WorldArts makes no representation that materials on the Site or through the Service are appropriate or available for use in other locations. Those who choose to access or use the Service from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
  16. DISPUTE RESOLUTION
    1. Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND WORLDARTS AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
      1. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to WorldArts, to you via any other method available to WorldArts, including via e-mail. The Notice to WorldArts should be addressed to: WorldArts, Inc., 8500 Steller Drive, Suite 7 Culver City, CA, USA 90232 Attn: Chief Executive Officer (the “Arbitration Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (the “Demand”). If you and WorldArts do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or WorldArts may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org or by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. If you are required to pay a filing fee to commence an arbitration against WorldArts, then WorldArts will promptly reimburse you for your confirmed payment of the filing fee upon WorldArts receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000, in which case you are solely responsible for the payment of the filing fee.
      2. Arbitration Proceeding. The arbitration shall be conducted in the English language. A single independent and impartial arbitrator shall be appointed pursuant to the Rules, as modified herein. You and WorldArts agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (i) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (ii) the arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (iii) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      3. No Class Actions. YOU AND WORLDARTS AGREE THAT YOU AND WORLDARTS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION SHALL BE NULL AND VOID.
      4. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator shall issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings shall be closed to the public and confidential and all records relating thereto shall be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator shall be in writing and shall include a statement setting forth the reasons for the disposition of any claim. The arbitrator shall apply the laws of the State of California in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in these Terms.
    2. Choice of Law.  These Terms and your use of the Service shall be governed by the substantive laws of the State of California without reference to its choice or conflicts of law principles. Only if the Mandatory Arbitration clause is deemed to be null and void, then all disputes arising between you and WorldArts under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California, and you and WorldArts hereby submit to the personal jurisdiction and exclusive venue of these courts.
    3. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which WorldArts seeks equitable relief of any kind. You acknowledge that, in the event of a breach of these Terms by WorldArts or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against WorldArts, including with respect to any User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
    4. Claims. You and WorldArts agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Service, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
    5. Improperly Filed Claims. All claims you bring against WorldArts must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section shall be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, WorldArts may recover attorneys' fees and costs up to $5,000, provided that WorldArts has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
  17. MISCELLANEOUS
    1. Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of WorldArts to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
    2. Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
    3. Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WorldArts without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
    4. No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and WorldArts as a result of these Terms or use of the Service. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and WorldArts other than pursuant to these Terms.
    5. Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms.
    6. Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
    7. Entire Agreement. This is the entire agreement between you and WorldArts relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by WorldArts as authorized in these Terms.
    8. Disclosures. The services hereunder are offered by WorldArts, Inc., located at 8500 Steller Drive, Suite 7 Culver City, CA 90232. You may contact us by sending correspondence to the foregoing address or by emailing us at support@WorldArts.com. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.

 

 

Sales Terms

Through our Web site, http://www.worldarts.com, and all mobile applications and Web sites owned or operated by WorldArts® Media, Inc. (“WorldArts,” “we,” or “us”), any other Web sites or mobile applications (e.g., iPhone applications, iPad applications, Android applications, etc.) offered by WorldArts, and any other applications, interactive features, pages, widgets, and resources offered by WorldArts through traditional Internet Web sites, social media, mobile devices, or other platforms (all of which are collectively referred to as the “WorldArts Service” or “Service”), we connect you to participating artists and merchants and enable you to buy their products and merchandise.  These Sales Terms apply to purchases you make from a participating third party artist or merchant (a “WorldArts Merchant”) within the Service and are subject to and incorporated by reference into our Terms of Use, located at www.worldarts.com/terms

Purchases.  Products may be available for sale from WorldArts Merchants either on their shopping pages within the Service or from the WorldArts marketplace within the Service.   In either case, you will be asked to enter your shipping, billing, and payment details in order to buy products from the WorldArts Merchant.  The personal details you enter on these WorldArts Merchant Web sites will be collected, stored, and processed in accordance with the WorldArts privacy policy located at www.worldarts.com/privacy.

We operate an integrated checkout service (the “Integrated Checkout Service”), which allows you to add multiple items from various WorldArts Merchants to your shopping basket and check out all these items on and through the Website. This allows you to buy all of your favorite artist merchandise in one transaction.

WorldArts accepts a variety of payment options, including credit and debit cards.   Our WorldArts Merchants will process payment using a payment processor determined by WorldArts (currently PayPal).

There are certain payment methods that you cannot use on the Integrated Checkout Service. We do not accept:

•           Checks or postal orders

•           Cash in any currency

•           Purchase orders

•           International wire transfers

•           Direct debits or standing orders

•           Bank transfers.

You must confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment, we will not be liable for any delay or non-delivery.

Security.  We take reasonable care to make the Service and the Integrated Checkout Service secure. All transactions made through the Integrated Checkout Service are processed using our secure systems. These details will be fully encrypted and only used to process transactions which you have initiated. 

Sharing of Information.  In order to process payment through the Integrated Checkout Service, we will need to share your personal data, shipping details, and payment details that are related to each of the component transactions with each of the WorldArts Merchants from whom you are buying the products, but we will only do so using our secure systems. The personal data and shipping and payment details you provide to us will be collected, stored, and processed in accordance with our privacy policy located at www.worldarts.com/privacy. The WorldArts Merchants are solely responsible for their use of your personal data and shipping and payment details once we share the data with them.

Customer Service.  Each WorldArts Merchant is solely responsible for any and all issues related to products and services offered through the Service.  We are not responsible, and have no liability, for transactions made with WorldArts Merchants, including for the fulfillment of your order.  You should contact directly the WorldArts Merchant from whom you have bought any items with any queries you may have regarding the delivery, refund, exchange, or return of the items you buy.  You may direct your questions regarding purchases directly to WorldArts Merchants through the Service.

 

 

WorldArts Crowdfund Terms Of Use

Terms of Use

Last updated: September 1, 2015

These Terms of Use govern the use of the services offered by WorldArts Media, Inc. ("WorldArts.com") at the WorldArts Crowed Funding Web Service. Such services and web site together are hereinafter referred to as the "Service." Please read these Terms of Use carefully before using the Service. Your use of the Service constitutes your acceptance of and agreement to all of the terms and conditions in these Terms of Use. If you object to anything in these Terms of Use, you are not permitted to use the Service. These Terms of Use are hereinafter referred to as this "Agreement."

THESE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT THE SERVICE IS PROVIDED "AS IS" AND WITHOUT WARRANTY (SECTION 17), (2) YOUR AGREEMENT THAT WORLDARTSHAS NO LIABILITY REGARDING THE SERVICE (SECTION 18), (3) YOUR CONSENT TO RELEASE WORLDARTSFROM LIABILITY BASED ON CLAIMS BETWEEN USERS (SECTION 4) AND GENERALLY (SECTION 18), (4) YOUR AGREEMENT TO INDEMNIFY WORLDARTSFROM CLAIMS DUE TO YOUR USE OR INABILITY TO USE THE SERVICE (SECTION 19), (5) YOUR CONSENT THAT EITHER PARTY HAS THE RIGHT TO COMPEL ARBITRATION (SECTION 20), AND (6) YOUR CONSENT THAT NO CLAIMS CAN BE ADJUDICATED ON A CLASS BASIS (SECTION 20).

  1. WorldArts Crowd Funding (WACF) Connects Users with Content Creators

    WACF  is a feature of WorldArts the platform for enabling content creators to be able to fund their work. Through the Site, email, websites, and other media, the Service makes accessible various content, including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, software, scripts, projects, other material and information, and associated trademarks and copyrightable works (collectively, "Content"). Content Creators, Patrons, and other visitors to and users of the Service (collectively, "Users") may have the ability to contribute, add, create, upload, submit, distribute, facilitate the distribution of, collect, post, or otherwise make accessible ("Submit") Content. "User Submissions" means any Content Submitted by Users.

  2. WorldArts Only Provides a Venue

    The Service is a communications platform for enabling connections between Users. WorldArts does not take part in the interaction between Users. WorldArts does not have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of any ratings provided by Users, Content provided by Users, nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Users. WorldArts does not have control over the quality, timing or legality of Content delivered by its Users. WorldArts makes no representations about the suitability, reliability, timeliness, or accuracy of the Content requested and provided by Users identified through the Service whether in public, private, or offline interactions. WorldArts cannot confirm that each User is who they claim to be. WorldArts does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Service. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER WORLDARTS NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICE. WORLDARTSAND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SERVICE.

  3. Transactions

    Users of the Service sponsor other Users. WorldArts will not be a party to any contracts for services. WorldArts facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the end of a completed content creation transaction on a monthly cycle. Content Creators who create rewards chosen by Users are required to provide those rewards. Any payment in cash outside of the Service are NOT subject to refunds. Any reimbursement expenses that are incurred by a User in connection with the completion of a service, however, may be paid in cash offline or through the Service.

  4. Billing and Payment Policy

    For all purchases and payments for reimbursement costs, fees or expenses associated with a pledge, unless you use your account credits, WorldArts will charge your credit card according to the amount agreed upon between you and WorldArts for the use of the Service, and you hereby authorize us to charge your credit card for such amounts. WorldArts retains the right, in its sole discretion, to place a hold on any payment for Content.

    WorldArts has no obligation to provide refunds or credits to payments already made to Content Creators, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by  , in each case in WorldArts’s sole discretion.

    You will be liable for all transaction taxes on the services provided under this Agreement (other than taxes based on WorldArts’s income).

  5. Privacy

    Use of the Service is governed by WorldArts’s Privacy Policy, which policy is hereby incorporated into these Terms of Use by reference

  6. Release

    The Service is only a venue for connecting Users. Because WorldArts is not involved in the actual contact between Users or in the completion of the Content Creation, in the event that you have a dispute with one or more Users, you release WorldArts (and our officers, directors, agents, investors, subsidiaries, and employees) from any and all claims, demands, or damages (actual or consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    WorldArts expressly disclaims any liability that may arise between Users of its Service.

  7. Public Areas

    The Service may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities ("Public Areas") that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and material that are relevant and proper to the applicable forum. Without limitation, you may not:

    1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others.
    2. Publish, post, upload, distribute or disseminate any profane, defamatory, infringing, obscene or unlawful topic, name, material or information.
    3. Use the Service for any purpose, including, but not limited to posting or creating content, in violation of local, state, national, or international law.
    4. Upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any third party.
    5. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.
    6. Advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered through the Service.
    7. Conduct or forward surveys, contests, pyramid schemes, or chain letters.
    8. Impersonate another person or allow any other person or entity to use your identification to post or view comments.
    9. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.
    10. Download any file posted by another User that a User knows, or reasonably should know, cannot be legally distributed through the Service.
    11. Restrict or inhibit any other User from using and enjoying the Public Areas.
    12. Imply or state that any statements you make are endorsed by WorldArts, without the prior written consent of WorldArts.
    13. Use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Service in any manner.
    14. Hack or interfere with the Service, its servers or any connected networks.
    15. Adapt, alter, license, sublicense or translate the Service for your own personal or commercial use.
    16. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by WorldArts.
    17. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
    18. Upload content that provides materials or access to materials that exploit people under the age of 18 in an abusive, violent or sexual manner.
    19. All submissions made to Public Areas will be public, and WorldArts will not be responsible for the action of other Users with respect to any information or materials posted in Public Areas.

  8. Account, Password, and Security

    You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any password and account number provided by you or WorldArts for accessing the Service. You are solely and fully responsible for all activities that occur under your password or account. WorldArts has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you will contact WorldArts immediately.

  9. Links to Other Web Sites

    Links (such as hyperlinks) from the Service to other sites on the Web do not constitute the endorsement by WorldArts of those sites or their content. Such links are provided as an information service, for reference and convenience only. WorldArts does not control any such sites, and is not responsible for their content. The existence of links on the Service to such websites (including without limitation external websites that are framed by the WorldArts Service as well as any advertisements displayed in connection therewith) does not mean that WorldArts endorses any of the material on such websites, or has any association with their operators. It is your responsibility to evaluate the content and usefulness of the information obtained from other sites.

    The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites, and not by WorldArts's Terms of Service or Privacy Policy. You access such third-party websites at your own risk. WorldArts expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Service. You hereby agree to hold WorldArts harmless from any liability that may result from the use of links that may appear on the Service.

    As part of the functionality of the Service, you may link your account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Service; or (ii) allowing WorldArts to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to WorldArts and/or grant WorldArts access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating WorldArts to pay any fees or making WorldArts subject to any usage limitations imposed by such third party service providers. By granting WorldArts access to any Third Party Accounts, you understand that (i) WorldArts may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Service via your account, including without limitation any friend lists, and (ii) WorldArts may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Service. Please note that if a Third Party Account or associated service becomes unavailable or WorldArts access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Service. You will have the ability to disable the connection between your account on the Service and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. WorldArts makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and WorldArts is not responsible for any SNS Content. You acknowledge and agree that WorldArts may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Service. At your request made via e-mail to support@WorldArts.com WorldArts will deactivate the connection between the Service and your Third Party Account and delete any information stored on WorldArts servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your account.

  10. No Solicitation

    Without limitation, the Service may not be used to solicit for any other business, website or service. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to the Service facilitated through WorldArts without express written permission from WorldArts.

    You may not use the Service to collect usernames and/or email addresses of Users by electronic or other means without the express prior written consent of WorldArts.

  11. Your Information

    "Your Information" is defined as any information and materials you provide to WorldArts or other Users in connection with your registration for and use of the Service, including without limitation that posted or transmitted for use in Public Areas. You are solely responsible for Your Information, and we act merely as a passive conduit for your online distribution and publication of Your Information. The information and materials described in this Section, as provided by each User, is collectively referred to herein as "User Generated Content." You hereby represent and warrant to WorldArts that Your Information (a) will not be false, inaccurate, incomplete or misleading; (b) will not be fraudulent or involve the sale of counterfeit or stolen items; (c) will not infringe any third party's copyright, patent, trademark, trade secret or other proprietary right or rights of publicity or privacy; (d) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising); (e) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (f) will not be obscene or contain child pornography or be harmful to minors; (g) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) will not create liability for WorldArts or cause WorldArts to lose (in whole or in part) the services of its ISPs or other partners or suppliers.

    The Service hosts User Generated Content relating to reviews of specific Users. Such reviews are opinions and not the opinion of WorldArts, have not been verified by WorldArts and each User should undertake their own research to be satisfied that a specific Content Creator is someone that User is willing to sponsor. You agree that WorldArts is not liable for any User Generated Content.

    You hereby grant WorldArts a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise all copyright, publicity rights, and any other rights you have in Your Information, in any media now known or not currently known in order to perform and improve upon the Service.

  12. Employment and Withholding

    The Service is not an employment service and does not serve as an employer of any User. As such, WorldArts will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer’s liability, social security or payroll withholding tax in connection with your use of Users’ services. You understand and agree that if WorldArts is found to be liable for any tax or withholding tax in connection with your use of Users’ services, then you will immediately reimburse and pay to WorldArts an equivalent amount, including any interest or penalties thereon.

  13. Termination and Suspension

    WorldArts may terminate or suspend your right to use the Service at anytime for any or no reason by providing you with written or email notice of such termination, and termination will be effective immediately upon delivery of such notice.

    Without limitation, WorldArts may terminate or suspend your right to use the Service if you breach any term of this Agreement or any policy of WorldArts posted through the Service from time to time, or if WorldArts otherwise finds that you have engaged in inappropriate and/or offensive behavior. If WorldArts terminates or suspends your right to use the Service for any of these reasons, you will not be entitled to any refund of unused balance in your account. In addition to terminating or suspending your account, WorldArts reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

    Even after your right to use the Service is terminated or suspended, this Agreement will remain enforceable against you.

    You may terminate this Agreement at any time by ceasing all use of the Service. All sections which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

  14. Intellectual Property Rights

    All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively "Proprietary Material") that Users see or read through the Service is owned by WorldArts, excluding User Generated Content that WorldArts has the right to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. WorldArts owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without WorldArts express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of WorldArts and, if applicable, the holder of the rights to the User Generated Content.

    The service marks and trademarks of WorldArts, including without limitation WorldArts and the WorldArts logos are service marks owned by WorldArts. Any other trademarks, service marks, logos and/or trade names appearing via the Service are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

  15. Copyright Complaints and Copyright Agent

    WorldArts respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Service infringe upon your copyright or other intellectual property right, please send the following information to WorldArts Copyright Agent at: WorldArts, Inc., 8500 Steller Drive Suite 7, Culver City, CA 90232 or support@WorldArts:

    A description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Service where the material you claim is infringed is located. Include enough information to allow WorldArts to locate the material, and explain why you think an infringement has taken place;

    A description of the location where the original or an authorized copy of the copyrighted work exists -- for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;

    Your address, telephone number, and e-mail address;

    A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

    A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf; and

    An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

  16. Confidential Information

    You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of WorldArts and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify WorldArts in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to WorldArts upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of WorldArts trade secrets, confidential and proprietary information and all other information and data of WorldArts that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

  17. Disclaimer of Warranties

    USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK.

    THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WORLDARTSMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICE OR THE CONTENT OF ANY SITES LINKED TO THE SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. WORLDARTS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND WORLDARTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, OTHER THAN AS PROVIDED HEREIN. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

    WITHOUT LIMITING THE FOREGOING, NEITHER WORLDARTSNOR ITS AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF ANY CONTENT CREATION OR SERVICE, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE SERVICE.

    NEITHER WORLDARTSNOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER.

    NEITHER WORLDARTS NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS.

    WORLDARTS AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

    IN ADDITION, NOTWITHSTANDING ANY FEATURE A USER MAY USE TO EXPEDITE CONTENT CREATOR SELECTION, EACH USER IS RESPONSIBLE FOR SELECTING THEIR CONTENT CREATOR AND NEGOTIATING TERMS OF WORK AND WORLDARTSDOES NOT WARRANT ANY GOODS OR SERVICES PURCHASED BY A USER AND DOES NOT RECOMMEND ANY PARTICULAR CONTENT CREATOR. WORLDARTS DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY CONTENT CREATOR'S PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENCE.

  18. No Liability

    YOU ACKNOWLEDGE AND AGREE THAT WORLDARTS IS ONLY WILLING TO PROVIDE THE SERVICE IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABLITY TO YOU AND THIRD PARTIES. THEREFORE, YOU AGREE NOT TO HOLD WORLDARTS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS LIABLE FOR ANY DAMAGE, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT THAT IS SEXUAL OR OTHERWISE, ACTS OF PHYSICAL VIOLENCE, AND DESTRUCTION OF PERSONAL PROPERTY), ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY WORLDARTSOR ITS AFFILIATES OR LICENSORS AND ANY DESTRUCTION OF YOUR INFORMATION.

    UNDER NO CIRCUMSTANCES WILL WORLDARTS, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

    WORLDARTS DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE SERVICE.

    IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WORLDARTS OR ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS IS LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO WORLDARTSDURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.

  19. Indemnification

    You hereby agree to indemnify, defend, and hold harmless WorldArts, its directors, officers, employees, agents, licensors, attorneys, independent contractors, providers, subsidiaries, and affiliates from and against any and all claim, loss, expense or demand of liability, including attorneys' fees and costs incurred, in connection with your use or inability to use the Service. WorldArts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of WorldArts.

  20. Dispute Resolution

    INFORMAL NEGOTIATIONS. To expedite resolution and reduce the cost of any dispute, controversy or claim related to this Agreement ("Dispute"), you and WorldArts agree to first attempt to negotiate any Dispute (except those Disputes expressly excluded below) informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations will commence upon written notice. Your address for such notices is your billing address, with an email copy to the email address you have provided to WorldArts. WorldArts address for such notices is WorldArts, Inc., 8500 Steller Drive Suite 7 Culver City, CA 90232 Attention: Legal.

    BINDING ARBITRATION. If you and WorldArts are unable to resolve a Dispute through informal negotiations, all claims arising from use of the Service (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party will be final and binding on the other. YOU UNDERSTAND THAT IF EITHER PARTY ELECTS TO ARBITRATE, NEITHER PARTY WILL HAVE THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If your claim for damages does not exceed $10,000, WorldArts will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and WorldArts may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

    EXCEPTIONS TO ALTERNATIVE DISPUTE RESOLUTION. Each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief on an individual basis in a federal or state court in Los Angeles County, California with respect to any dispute related to the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.

    WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. You and WorldArts agree that any arbitration will be limited to the Dispute between WorldArts and you individually. YOU ACKNOLWEDGE AND AGREE THAT YOU AND WORLDARTSARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and WorldArts otherwise agree, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" Section will be deemed null and void.

    LOCATION OF ARBITRATION. Arbitration will take place in Los Angeles County, California. You and WorldArts agree that for any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, the California state and Federal courts located in Los Angeles, California have exclusive jurisdiction and you and WorldArts agree to submit to the personal jurisdiction of such courts.

  21. Governing Law

    You and WorldArts agree that, other than as set forth under the subsection entitled "Waiver Of Right To Be A Plaintiff Or Class Member In A Purported Class Action Or Representative Proceeding" in Section 20 above, if any portion of Section 20 entitled "Dispute Resolution" is found illegal or unenforceable, that portion will be severed and the remainder of the section will be given full force and effect. Notwithstanding the foregoing, if the subsection entitled "Exceptions to Alternative Dispute Resolution" in Section 20 is found to be illegal or unenforceable, neither you nor WorldArts will elect to arbitrate any Dispute falling within that portion of that subsection that is found to be illegal or unenforceable and such Dispute will be decided by a court of competent jurisdiction within Los Angeles, California, and you and WorldArts agree to submit to the personal jurisdiction of that court.

    Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of the State of California, without regard to choice of law principles.

  22. Special Promotions

    WorldArts may from time to time provide certain promotional opportunities, sweepstakes and contests to Users. All such promotions will be run at the sole discretion of WorldArts, and can be activated, modified or removed at anytime by WorldArts without advance notification.

  23. No Agency

    No independent contractor, agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

  24. General Provisions

    Failure by WorldArts to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. This Agreement constitutes the entire agreement between you and WorldArts with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. This Agreement will inure to the benefit of WorldArts, its successors and assigns.

  25. Changes to this Agreement and the Service

    WorldArts reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement (including the Privacy Policy) and review, improve, modify or discontinue, temporarily or permanently, the Service or any content or information through the Service at any time, effective with or without prior notice and without any liability to WorldArts. WorldArts will endeavor to notify you of these changes by email, but will not be liable for any failure to do so. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. WorldArts may change, modify, suspend, or discontinue any aspect of the Service at any time without notice or liability. WorldArts may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.

    I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE AND AGREE THAT MY USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.