ARTSFLOW Mobile Application and Website Terms & Conditions ("Terms")
Last Update: 01/05/2021
PLEASE READ THESE TERMS CAREFULLY
BY USING ARTSFLOW WEBSITE (www.artsflow.com) AND/OR MOBILE APPLICATION ("ARTSFLOW"), YOU AGREE TO THESE TERMS.
IF YOU DO NOT AGREE TO THESE TERMS DO NOT USE ARTSFLOW.
If your country of residence or establishment is outside of the EEA, Switzerland, and the United Kingdom, some of these Terms for the European Users may not apply to you.
The following Terms and Conditions govern the use of the Website ( www.artsflow.com ) and ARTSFLOW mobile application, especially as downloaded by a user to a mobile device or other electronic device, hereinafter referred to as "Website", "Mobile Application", "App", "We", "Us" or "Our".
ARTSFLOW is owned and operated by ARTSFLOW LTD, a company incorporated under the laws of United Kingdom with registered number 12728173 and having its principle office registered at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX, hereinafter referred to as the "Owner", the "Company" or "Artsflow".
Your access and use of the information contained herein is subject to the following Terms and Conditions and all the applicable laws. By accessing, downloading, using and browsing this App and by subscribing to our Services, you accept, without limitation or qualification, these Terms and Conditions.
These Terms and Conditions constitute a binding contract between You and the Owner. If you do not agree to any part of these Terms and Conditions you must stop using Artsflow and/or notify Us immediately at firstname.lastname@example.org .
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Artsflow. If you do not agree to these Terms and Conditions, please stop using Artsflow immediately and do not download the App.
Any Products and/or Services displayed on Artsflow are not representative of all products and services available in the market.
2. Definitions and Interpretation
In these Terms the following definitions and rules of interpretation apply:
For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
any clause, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of the Terms;
a reference to a 'party' includes that party's personal representatives, successors and permitted assigns;
a reference to a 'person' includes a natural person, corporate or unincorporated body (in each case whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns;
a reference to a 'company' includes any company, corporation or other body corporate, wherever and however incorporated or established;
a reference to a gender includes each other gender;
words in the singular include the plural and vice versa;
any words that follow 'include', 'includes', 'including', 'in particular' or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;
a reference to legislation is a reference to that legislation as in force at the date of the Last revision of these Terms as amended, extended, re-enacted or consolidated from time to time;
headings in these Terms and Conditions are for convenience only and will have no legal meaning or effect.
a reference to legislation includes all subordinate legislation from time to time under that legislation; and
a reference to any English action, remedy, method of judicial proceeding, court, official, legal document, legal status, legal doctrine, legal concept or thing shall, in respect of any jurisdiction other than England, be deemed to include a reference to that which most nearly approximates to the English equivalent in that jurisdiction.
3. About Artsflow and Our Mission
The Artsflow Platform offers an online venue that enables Users, Members and Creatives to publish, offer, search for, and book Our Services or any such relevant services within the art industry, which may be available on Artsflow from time to time.
Creative Members, including without limitation, the representatives of the art industry, tutors and other providers of the Services listed or otherwise advertised on Artsflow, who publish and offer services are called "Creatives".
Such Members who search for, book, or use services are "Clients" or "Customers".
Creatives can create, book, deliver and earn a living from their passion, including without limitation any activities and experiences, known collectively as ("Creative Activities") and post the Creative Activities offerings by making a Listing ("Listings") via Artsflow platform.
OUR MISSION is to help both Creatives and other Members and Users, who share a passion for the Arts and other related activities to connect with people locally, so that they can share their passion. The Creatives can publish their Creative Activities on Artsflow Platform and Artsflow will provide You with more visibility to Users locally and nationally. Whether you're a skilled artist, musician, dancer or drama practitioner, you can share your passion with Artsflow!
You must register an account to access and use many features of the Artsflow Platform Services, in accordance with these Terms, and You must keep your account information accurate.
For the avoidance of doubt, the Owner does not and cannot own, control, offer or manage any Listings or Creative Activities. Artsflow is not a Party to the contracts concluded directly between Creatives and the Clients, Artsflow is not an insurer or an organiser of any of the Creative Activities, unless otherwise expressly stated by Artsflow. Artsflow is not acting as an agent in any capacity for any Member, except as specified in these Terms and Conditions below.
If you are a Creative, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Creative Activities.
4. Use of Artsflow Platform
The Users may not, whether through the use of additional software or by any other means: data mine or conduct automated searches on the Platform or the data contained in it, access, monitor or copy any content or information of this App using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission in writing.
The Users may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
The Users may not use techniques to "frame", "mirror" or otherwise incorporate any part of Artsflow into any other App, Website or any online tool or facility, without limitation, without Our prior written authorisation.
As a condition of Your use of Artsflow, You warrant to the Company that You will not use Artsflow for any purpose that is unlawful or prohibited by these Terms and Conditions.
The Service is provided "as is" and on an "as available" basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
The Owner accepts no liability for any disruption or non-availability of Artsflow resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Artsflow does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
5. Our Services
Artsflow is designed to provide a tool to connect its Users based on their interests, and to enable Creatives to offer their Creative Activities and other services to the Customers through Artsflow platform ("Services").
Subject to these Terms and Conditions, we shall provide our Services to You, including but not limited to Membership, including monthly or annual subscription to Artsflow, hosting and maintaining the Website and the Mobile Application with all the tools and facilities on-line or otherwise, providing you with a support network, facilitating the formation of any arrangements between the Customers and the Creatives, sharing any relevant content or otherwise.
We shall provide and share our Services to the Members, including without limitation any specific content, as soon as such content is uploaded or shared with us, unless otherwise is specified or agreed in writing.
We shall act in accordance with all reasonable instructions given to Us by You by an agreed method of contact and in writing and We shall provide the Services with reasonable skill and care, commensurate with prevailing standards in the United Kingdom.
We shall be responsible for ensuring that we comply with all statutes, regulations, bylaws, standards, codes of conduct and any other rules relevant to the provision of the Services and We shall keep you informed of all activities related to the Services by means agreed with You and we shall act in accordance with all reasonable instructions given by You.
3We shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the fees that may be due as a result of such changes.
The Platform is designed for convenience purposes only, it aims to provide an intelligent database for the Users to make relevant searches, manage their needs and network. Notwithstanding, We shall make all reasonable efforts to ensure that the Creatives shall have suitable skills and experience for the purpose mentioned by the Customers and comply with the legitimate and reasonable instructions of the Customers relating to the Creative Activities and any specific Sessions and comply with your reasonable requirements concerning conduct and standards of behaviour.
We shall inform the Creatives that they shall observe all applicable policies and procedures whilst engaged by the Customers.
For the avoidance of doubt, we DO NOT act as an employer, recruitment agency or recruitment business. The Creatives are independent contractors and are not employees, partners, or co-ventures of, or in any other service relationship with Artsflow, unless otherwise specified in writing by Artsflow. The Creatives are not authorised to speak for, represent, or obligate Artsflow in any manner without the prior express written authorisation from Artsflow.
Through the Platform, the Creatives may be notified of Clients that may be seeking the services they offer, and Clients may be notified of Creatives that may offer such services and Creative Activities they seek. At all times, however, You are responsible for evaluating and determining the suitability of any Creative Activity for your purposes on Your own.
Artsflow make no warranty or representation that this Website will meet Your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this Website.
Artsflow does not condone any practice which could be construed as plagiarism, or a violation of intellectual property rights, and will not endorse the actions of the Creative if they are deemed to constitute an inappropriate level of involvement in such activities.
If the Customer wishes to proceed with booking a Creative Activity, the Creative and the Customer shall contract directly with each other in relation to the provision of the particular service and Customers will be obliged to pay Creatives directly through Artsflow.
We do not provide the Service or make any representation or warranty about Creatives, their level of competence or their ability to provide the services or the relevant Creative Activities, including the ability to provide services in accordance with any particular level of expertise or quality, and we are not responsible for Customer's or Creative's obligations. We have no obligations regarding the provision of Services by the Creatives (or any other obligations of the Creatives) which remain their sole responsibility under their direct contract with Customer(s). We are not an agent or partner of any Creative or Customer, unless otherwise specified in writing by Artsflow.
Some Creatives may offer services which relate to particular software or copyright works, or other copyright works. Neither Artsflow nor any Creative offering services on Artsflow is linked to or affiliated with any publisher or provider of the relevant software or copyright work, unless otherwise is stated in writing.
There are certain services and Creative Activities that we may not allow on Artsflow and that you won't be able to search for, such services may be illegal, infringing confidential information or intellectual property or otherwise harmful to the society, at our sole discretion. The types of Services that are allowed or not is under regular review and it is at our sole discretion as to what services are listed or not. We reserve the right to discontinue the listing of any particular Service at any time or to add to the range of Services that may be listed at any time.
Customers will not be able to search for physical products or virtual goods on Artsflow, as the Artsflow relates to provision of Services only, unless otherwise specified in writing by Artsflow. If a Creative Activity includes a product by way of virtue of the service provision, then that is allowed. However, sale of standalone products such as electronics or any work of art, including without limitation, any publications or any Intellectual Property works, are not suitable for Artsflow and the Users will not be able to find such products on the Platform.
As a part of our Services, we offer our Users to have exclusive accounts "Memberships". The Membership should include without limitation any and all Services as explained above, unless otherwise agreed in writing. The Memberships details are as follows:
- Through the Membership , you should get access to our on-site community and be able to use any features we offer exclusively for Our Members;
- the Members shall have access to premium features, such as creating groups and joining professional communities, as required;, and to such other relevant Services, as may be stated as for Members only by Artsflow;,
- any Membership does not have a termination period and can be cancelled at any time by You in accordance with these Terms and Conditions.
ALL USERS' TERMS:
6. Your Responsibilities
Each User acknowledges and agrees that the relationship between Users of Artsflow Platform is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between Users.
You shall use all reasonable endeavours to provide all pertinent information to us that is necessary for our provision of the Services. Such information shall include, but not necessarily be limited to the content that you require, the outcomes to be expected, the information that you seek.
You shall acknowledge that We may, with or without reasons, at Our absolute discretion, reject any offers that we cannot perform for whatever reason or reject any User or Users from using Our Services.
When you create an account to have a Membership with Us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform. For the avoidance of doubt, it is the Parent's responsibility to create and manage an account if a parent wants a child to participate in any Creative Activities. More information about our Policy with regards to Children can be read in these Terms below.
We do not tolerate any unsolicited offers and/or any harassment between the Users of Artsflow. If We become aware of any such correspondences and/or offers we shall terminate your account and Membership with Us with immediate effect.
We reserve the right to refuse service, terminate accounts, remove or edit content, cancel Memberships, change our pricing policy and charges in our sole discretion and in accordance with these Terms and Conditions.
You can terminate your account by emailing us at email@example.com and in accordance with these Terms and Conditions and your specific Membership plan.
You may, from time to time, issue reasonable instructions to Us, in relation to the provision of the Services. Any such instructions should be compatible with the specification of the Services provided in these Terms and Conditions.
In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
If any consents, licences or other permissions are needed from any third parties such as permissions relating to copyright, work permits and other applicable permits it shall be Your responsibility to obtain the same in advance of the provision of our Services (or the relevant part thereof).
For the avoidance of doubt, You shall NOT contribute any Content, or parts of the content, that infringes or may infringe the intellectual property rights of third parties. You agree to indemnify the Platform and its Owners against any legal disputes arising from such infringement. You, therefore, agree, represent and warrant that, to the best of your knowledge, You shall not violate any third party's copyrights, trademarks, patents or other intellectual property rights and that no other person or entity has the right to claim any right related to any intellectual property and anything you may post on the Artsflow.
Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions shall not be the responsibility or fault of Ours.
You will fully co-operate and assist the us in complying with our duties under these Terms and Conditions and, as provided in the applicable law.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Creative Activities or services advertised on Artsflow. For example, this means that you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking a Creative Activity for someone else or for someone who is a minor or if you bring a minor to a Creative Activity, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
7. Your Account
You are solely responsible for the information associated with your Account and anything that happens related to your Account. You must maintain the security of your Account and immediately notify Us if you discover or suspect that someone has accessed your Account without your permission. We recommend that you use a strong password that is used only with your Account and enable two-factor authentication.
You will not license, sell, or transfer your Account without our prior written approval.
All Users only need to register once. Registration is subject to agreement by Us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.
Users must ensure that any registration details they provide are accurate. To register an account with Us, You must provide us with accurate, complete and up-to-date contact information, including your name, address, telephone number and email address and any other such information as may be required for the provision of Services. Users are responsible for the information they provide to Us. Users are responsible for ensuring that the details they provide us with are correct and complete, and for informing Us of any changes to the information they have provided. Users can access and update the information they have provided us with, including their account settings, in the relevant area of the Platform.
If a User's application to register to use the Site is accepted (which will be entirely at our discretion), they will be allocated a username and password (together referred to as "Credentials"). Users must keep their Credentials confidential and must not reveal them to anyone else.
The Users are responsible for all activities that occur under their Credentials. Customers must notify us immediately at firstname.lastname@example.org if they know of, or suspect, that anyone has obtained access to their Credentials, or if they otherwise become aware of any unauthorised use of their Credentials or other security breaches.
Unless we have previously been notified by a User in writing to email@example.com that the confidentiality of their Credentials has been compromised, we are entitled to treat any use of the Platform (including any request to obtain a Services via the Platform) under their Credentials as being by the User.
We may disable access via a User's Credentials at any time if, in our opinion, this is reasonably necessary to preserve the security and proper operation of the Platform, if they have failed to comply with any of the provisions of these Terms or if any details they provide for the purposes of registering prove to be false.
Users must NOT create multiple user accounts to avoid suspension or termination.
8. Your Content
The Services may contain information, text, links, graphics, photos, videos, or other materials ("Content"), including Content created or submitted to the Services by you or through your Account ("Your Content"). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.
By submitting Your Content to the Services, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.
You retain any ownership rights you have in Your Content, but you grant Us the following license to use that Content: When Your Content is created with or submitted to the Services, you grant us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, transferable, and sublicensable license to use, copy, modify, adapt, prepare derivative works of, distribute, store, perform, and display Your Content and any name, username, voice, or likeness provided in connection with Your Content in all media formats and channels now known or later developed anywhere in the world. This license includes the right for us to make Your Content available for syndication, broadcast, distribution, or publication by other companies, organisations, or individuals who partner with Us. You also agree that we may remove metadata associated with Your Content, and you irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content, unless otherwise agreed in writing with Artsflow.
Any ideas, suggestions, and feedback about Us or our Services that you provide to us are entirely voluntary, and you agree that We may use such ideas, suggestions, and feedback without compensation or obligation to you.
Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, violating our Content Policy, or if you otherwise create or are likely to create liability for us.
9. Breaches and security
When using or accessing Artsflow, You must comply with these Terms and all applicable laws, rules, and regulations.
You CANNOT Use the Services in any manner that could interfere with, disable, disrupt, overburden, or otherwise impair the Services.
You CANNOT access to (or attempt to gain access to) another user's Account or any non-public portions of the Services, including the computer systems or networks connected to or used together with the Services.
Use the Services to violate applicable law or infringe any person's or entity's intellectual property rights or any other proprietary rights.
Use the Services in any manner that we reasonably believe to be an abuse of or fraud on the Artsflow, its Owner any User or any payment system or Our Payment Provider.
We encourage you to report content or conduct that you believe violates these Terms or any of our policies. We also support the responsible reporting of security vulnerabilities. To report a security issue, please email firstname.lastname@example.org .
We reserve to terminate your account for any breach of our Terms or for any security breaches or other breaches at any time.
10. Booking Creative Activities
You can search for the relevant Creative Activities and events by using Artsflow search and the specific criteria like the type of service, type of activity, dates, etc. You can also use filters to refine your search results. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous Creative Activities and saved Listings, requirements provided by the Creatives, such as the level of skill or knowledge or any specific age restrictions and more.
When you book a Listing, you are agreeing to pay all charges for your booking including the Listing price, applicable fees like Artsflow's service fee, offline fees, taxes and any other items identified during checkout (collectively, "Total Price"). You are also agreeing that Artsflow's Payments may charge and collect any security deposit identified. When you receive the booking confirmation, a contract with the relevant Creative for the relevant Creative Activity is formed directly between you and the Creative. The cancellation policy and any other rules, standards, policies, or requirements identified in the Listing or during checkout form part of your contract with the Creative. Be aware that some Creatives may work with a co-Creative or as part of a team to provide their Creative Activity. For the avoidance of doubt, Artsflow cannot monitor the provision of every single Creative Activity and will not monitor the terms of each Creative Activity, unless those terms violate any laws or these Terms. By booking a Creative Activity you agree to both these Terms and any specific rules and requirements imposed by such activity organisers and the Creatives.
A Creative Activity reservation is a limited license to view, use browse, participate, or otherwise take part in the relevant Creative Activity. The Creative organiser retains all the rights, including the intellectual property rights to such an activity.
When booking a Creative Activity, You are responsible for confirming that you, and anyone you invite, meet minimum age, proficiency, fitness or other requirements. You are responsible for informing the Creative of any medical or physical conditions, or other circumstances that may impact your ability to participate, attend or use the Creative Activity.
Except where expressly authorised, you may not allow any person to join a Creative Activity unless they are included as an additional person during the booking process.
11. Fees, Payment and Taxes
Artsflow shall provide You with all information required to wire funds to the Company in accordance with these Terms and Conditions for the Services and/or any specific Membership.
To get a Membership with Us or to book a Creative Activity or any Listing, You will be asked to supply your banking details, including without limitation, your credit/debit card number for Direct Debit charges, expiration date, CCV and billing address.
Subsequent Direct Debit charges for any Membership fees will be collected thereafter, based on your specific membership plan and the details, which shall always be up-to-date on the Website or Mobile Application.
You hereby represent and warrant that You have the legal right to use any payment method(s) in connection with any purchase and that the information you supply to Us is true, correct, and complete to the best of Your knowledge.
You hereby authorise Artsflow to debit Your chosen payment method with the relevant fee. If the payment fails or is insufficient, You authorise us to re-try one or more times to debit the selected payment method.
Any fees for the specific Creative Activities shall be determined by the Creatives. Artsflow may charge fees (and applicable taxes) to Creatives and Clients for use of the Artsflow Platform. More information about when service fees apply and how they are calculated can be found on the relevant page of our Platform. Except as otherwise provided on the Platform, service fees are non-refundable.
If the Customer does not make any payment due to us on time, we may suspend or terminate access to the Platform.
Any fee changes will not affect bookings made prior to the effective date of the fee change.
Any fees displayed at on the Platform and any of its pages at the time of downloading or viewing shall prevail, unless otherwise agreed in writing. We reserve the right to monitor and update our fees on a case-by-case basis at any time. We shall inform You in writing of any and all such changes.
For the avoidance of doubt, from time to time we may need to increase the price of Membership. We will give you at least one full months' notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
You shall pay all the applicable taxes and funds that arise, relating to any payments and transactions as per this clause, including but not limited to banking fees, from your own funds.
12. Cancellations and Refunds
You can terminate your Membership by accessing your account at the Platform and choosing the relevant option online , cancelling direct debit or by emailing email@example.com
You may then terminate your Membership at any point as per clause 12.1 above and your Direct Debit will be cancelled, allowing up to 5 working days or more, depending on your bank for the bank to action this.
In the above circumstances your Membership will remain in force until the day before your next payment is due, at which point it will automatically terminate.
Artsflow may feature Services that are offered via a subscription model. Our subscription model may require regular payments for our Services, as per these Terms and Conditions. If We do not receive timely payments for Our Services, we reserve a right to terminate your Membership and any agreements between Us and You with immediate effect, at Our sole discretion.
If you cancel a reservation for the Creative Activity, the amount refunded to you is determined by the cancellation policy that applies to that reservation and/or Listing. This refund Policy shall be determined by the Creative organiser of the Activity. PLEASE MAKE SURE TO READ THE DESCRIPTION OF EACH INDIVIDUAL LISTING TO SEE THE DETAILS OF THE REFUND POLICY FOR THAT SPECIFIC LISTING.
In certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a reservation, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. Please email firstname.lastname@example.org and this will be reviewed on a case-by-case basis.
If the Creative cancels, or you experience a travel issue or another specified "Issue", based on a force majeure event, as defined in these Terms below and cannot attend the Creative Activity, you may be entitled to rebooking assistance or a partial or full refund under our Client Refund Policy.
Client Refund Policy: Different policies apply to certain categories of Listings. See each Policy for details about what is covered, and what refund applies in each situation:
8.1. The following situations are "Issues" that are eligible for a refund under this Policy:
8.2. The Creative fails to carry out the booked Creative Activity or arrives more than 20 minutes past the stated start time, causing the Client to abandon Creative Activity.
8.3. The Creative makes significant changes to the Creative Activity after booking.
8.4. The Creative Activity contains a safety or health hazard that would be reasonably expected to adversely affect the Client's participation in the Creative Activity.
8.5. For Creative Activities that take place online, the Client cannot attend, or a host cannot lead the Creative Activity because of technical difficulties, including audio or visual issues.
8.6. If Artsflow determines that a Client has experienced an Issue, Artsflow will, at its discretion, provide the Client with a refund up to a maximum of the Total Fees the Client paid for the Creative Activity in accordance with this Policy. The amount of any refund will depend on the nature of the Issue suffered.
8.7. The Creatives are responsible for ensuring that the Creative Activity they list on the Platform meets the standards, required by this Policy and do not present a Client with Issues. Before and during the Creative Activity, the Creatives should be available, or make a third party available, in order to try, in good faith, to resolve any Client issues.
8.8. If (i) Artsflow determines that a Client has suffered an Issue related to the Creative Activity and (ii) Airtsflow reimburses that Client (up to their Total Fees), as a Creative you agree to reimburse Artsflow up to the amount paid by Artsflow within 30 days of Artflow's request. You authorise Artsflow Payments to collect any amounts owed to Artsflow by reducing your Payout or as otherwise permitted pursuant to the these Terms.
8.9. As a Creative, you understand that the rights of Clients under this Client Refund Policy will supersede the any of your own policies. If you dispute an Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Issue, provided you have used reasonable and good faith efforts to try to remedy the Issue with the Client prior to disputing the Issue claim.
8.10. This Client Refund Policy is not intended to constitute an offer to insure, does not constitute insurance or an insurance contract, does not take the place of insurance obtained or obtainable by the Client, and the Client has not paid any premium in respect of the Client Refund Policy. The benefits provided under this Policy are not assignable or transferable by a Client.
8.11. All determinations of Artsflow with respect to the Creative Activities shall be at Artsflow's discretion, and final and binding on the Creatives and the Clients.
8.12. Artsflow reserves the right to modify or terminate this Client Refund Policy, at any time, at its sole discretion. If Artsflow modifies this Policy, we will post the modification on the Platform or provide you with notice of the modification. Artsflow will continue to process all claims for Issues made prior to the effective date of the modification.
The refunds may also subject to the relevant Appstore where you have downloaded the App. You are responsible to read the Appstore's Terms and Conditions for any refunds and cancellations.
Booking Modifications. Creatives and Clients are responsible for any booking modifications they agree to make via the Artsflow Platform or direct Artsflow customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
After each Creative Activity, the Creatives and the Clients may have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our Content Policy above. Reviews may not be verified by Artsflow for accuracy and may be incorrect or misleading.
Review Content Standards:
2.1. These standards apply to any and all content of any kind of Users submit to or through the Platform, including all content contained within Requests, all reviews Customers may post about a Creative including Feedback or any other comments that Customers post on the Platform (Customer Content). Users must comply with the spirit of the following standards as well as the letter. The standards apply to each Party.
2.2 Content must:
- be relevant to the purpose of the Platform;
- where it states facts, be accurate to the best of a Customer's knowledge, information and belief; and
- comply with applicable law in the United Kingdom and in any country from which it is submitted.
Content must not:
- be unlawful in any way;
- contain any material which infringes any intellectual property right or other right of any other person;
- be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations
- contain fraudulent information;
- contain any hyperlink to any page of an internet site that resides behind a 'paywall' or other login screen or any 'deep link' where 'deeplinking' (except to the Artsflow's pages) is prohibited by the Owner;
- contain any material which is defamatory of any person or entity;
- be likely to mislead or deceive any person;
- be used to impersonate any person, or to misrepresent a Customer's identity or affiliation with any person;
- contain any material which is obscene, offensive, hateful or inflammatory;
- be menacing, threatening, abuse or invade another's privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
- contain or promote sexually explicit material;
- promote violence or aggression;
- promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
- be used to transmit, or procure the sending of, any unsolicited or unauthorised advising or promotional material or any other form of similar solicitation (spam).
Artsflow reserves the right to remove any reviews and feedback that violates these Terms at its sole discretion.
14. Change of services
All descriptions and other details provided in relation to the Services are subject to confirmation by us and may be changed without notice.
All services are subject to upgrades, and the Service you receive may change in function at a later date. It is your responsibility to check with Us if all the applicable Services are available.
We will rely upon your instructions being correct when requesting a Service and reserve the right to refuse to withdraw such Services which are no longer required.
For the avoidance of doubt, this section refers to the Services provided by Artsflow, not for any services provided by Creatives.
15. Listing on Artsflow
As a Creative on Artsflow, you are allowed to connect with people who may be interested in your services and Creative Activities and to make profit from hosting, maintaining and arranging such events and Creative Activities using Artsflow's Platform.
In order to provide a Creative Activity, you need to make a Listing. You need to do so by following the instructions provided on the relevant sections of the Platform and by registering an account with us, as set in these Terms and Conditions above. You need to set your price, availability, and rules for each Listing.
When you accept a booking request, or receive a booking confirmation through the Artsflow Platform for your Creative Activity, you are entering into a contract directly with the Client, and are responsible for delivering the service and the Creative Activity under the terms and at the price specified in your Listing. You are also agreeing to pay applicable fees like Artsflow's service fee (and applicable taxes) for each booking. Artsflow's payments will deduct amounts you owe from your payout unless Artsflow agrees and informs you about a different method in writing.
Any terms or conditions that you include in any supplement contract with the Clients must: (i) be consistent with these Terms, our Policies, and the information provided in your Listing, and (ii) be prominently disclosed in your Listing description.
As a Creative, Your relationship with Artsflow is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Artsflow, unless otherwise agreed between Us in writing. Artsflow does not direct or control your Creative Activities and service and you understand that you have complete discretion whether and when to provide Creative Activities and services and at what price and on what terms to offer them .
You agree and understand that, as per our Client Refund Policy:
7.1. If Artsflow determines that a Client has experienced an Issue, Artsflow will, at its discretion, provide the Client with a refund up to a maximum of the Total Fees the Client paid for the Creative Activity in accordance with this Policy. The amount of any refund will depend on the nature of the Issue suffered.
7.2. The Creatives are responsible for ensuring that the Creative Activity they list on the Platform meets the standards, required by this Policy and and do not present a Client with Issues. Before and during the Creative Activity, the Creatives should be available, or make a third party available, in order to try, in good faith, to resolve any Client issues.
7.3. If (i) Artsflow determines that a Client has suffered an Issue related to the Creative Activity and (ii) Airtsflow reimburses that Client (up to their Total Fees), as a Creative you agree to reimburse Artsflow up to the amount paid by Artsflow within 30 days of Artflow's request. You authorise Artsflow Payments to collect any amounts owed to Artsflow by reducing your Payout or as otherwise permitted pursuant to the these Terms.
7.4. As a Creative, you understand that the rights of Clients under the Client Refund Policy will supersede any of your own policies. If you dispute an Issue, you may notify us in writing or via telephone and provide us with information (including photographs or other evidence) disputing the claims regarding the Issue, provided you have used reasonable and good faith efforts to try to remedy the Issue with the Client prior to disputing the Issue claim.
Artsflow provides tools that make it easy for you, as a Creative to set up your Creative Activities make and manage a Listing. Your Listing must include complete and accurate information about your Creative Activities and the services that you provide, including without limitation, your price, other charges like cleaning fees, any tools and equipment fees, any other relevant fees, security deposits, offline fees, and any rules or requirements that apply to your Clients or Listing. You are responsible for your acts and omissions as well as for keeping your Listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your Creative Activities and services and suggest you carefully review policy terms and conditions like coverage details and exclusions. You may only maintain one Listing per Creative Activity, but may have multiple Listings for different Creative Activities.
When listing a Creative Activity you must, where applicable, fully educate and inform Client about (i) any risks inherent or incidental to the Creative Activity, (ii) any requirements for participation, such as the minimum age, related skills, or level of fitness, and (iii) anything else they may need to know to safely participate in the Creative Activity (including dress codes, equipment, special certifications or licenses, etc.). Artsflow reserves the right to decide, in its sole discretion, whether a submitted Creative Activity will be published on the Artsflow Platform.
Once your Creative Activity is published on the Platform, you will have the ability to add dates and times when you offer your Creative Activity through the Platform. You agree that only the Clients who book through Artsflow can attend that Creative Activity, unless otherwise agreed by Us in writing. You further agree that you will not allow people to attend any Creative Activity available on the Artsflow Platform unless that Client booked through Artsflow or was booked or added to the booking via Artsflow by another Client.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Creative Activities. You are responsible for setting your price and establishing rules and requirements for your Listing. You must describe any and all fees and charges in your Listing description and may not collect any additional fees or charges outside the Platform. Do not encourage Guests to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Artsflow Platform in violation of these Terms.
Equipment. You are responsible for providing all equipment, including supplies, vehicles, venues and other materials ("Equipment") necessary to host your Creative Activity. You are solely responsible for ensuring that the Equipment used in your Creative Activity is in good working order and conforms to all laws pertaining to safety, equipment, inspection, and operational capability. Except as otherwise required by law, you assume all risk of damage or loss to your Equipment.
You are responsible for (i) understanding and complying with all laws, rules and regulations that may apply to your Creative Activity and Listing, (ii) obtaining any required licenses, permits, or registrations prior to providing your Creative Activity; and (iii) ensuring that your Listing and/or Creative Activity will not breach any agreement you may have with any third party or any Intellectual Property Rights.
Insurance We may require that you obtain your own insurance in order to publish a Creative Activity on the Platform. In such cases, you agree to obtain and maintain insurance for you, the members of your team or organization, and/or your Creative Activity with the coverage and in the amounts determined by us at our sole discretion for any and all activities that take place on your Creative Activity. You agree to cooperate with Artsflow to verify such insurance coverage. In the event that Artsflow has obtained its own liability insurance that covers your Creative Activity, your insurance will be the primary source of coverage and Artsflow's insurance will operate as excess or secondary insurance for any amounts exceeding your coverage. Our procurement of such secondary insurance coverage does not relieve you of your obligation to obtain insurance in amounts required by us.
16. Creative Account
Registration is required to become a Creative on Artsflow. In order to make the Platform as trustworthy, secure and safe as we can without providing any personal endorsements, we endeavour but have no obligation to carry out some basic ID checks. In order to set up an account with us, Creatives must complete the account registration form available on the Platform. Registration is only required once. Registration is subject to agreement by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without providing any reason.
Creatives must ensure that any registration details provided are accurate. To register an account with us, accurate, complete and up-to-date contact information must be provided, including name, postal address as it appears on government-issued identification, the legal name and details of the business, telephone number, email address, and profile photo or company logo. Creatives are responsible for the information provided. Creatives are responsible for ensuring that the details provided are correct and complete, and for informing us of any changes. Creatives can access and update the information provided, including account settings, in the relevant area of the Platform.
If for any reason we are dissatisfied with the basic checks we may carry out additional checks which might include requesting a copy of government-issued identification or 2 utility bills within the last 3 months of the application date.
Upon registration, we may review any and all the services or Creative Activities listed to ensure that it fits into one of our Platform. Any services or Creative Activities that are not supported on the Platform may be declined.
If an application to register to use the Platform is accepted (which will be entirely at our discretion), the Creative may be allocated a username and password (together referred to as Credentials). Credentials must be kept confidential and must not be disclosed to anyone else, as per our Terms above.
6.1. When a Creative creates a profile on Artsflow, we may take a number of steps to verify their identity. These may include:
- Verification of contact information including email address and contact phone number.
- Verification of social media accounts that the Creative may choose to link to their Profile.
- Validation of business addresses and conducting basic business information checks for solvency and other key details in relation to limited companies.
- Confirmation of personal details and conducting basic consumer checks into credit history and other information for sole traders.
- Checks with third parties such as Trulioo, Clearbit, and OnFido.
- Identity checks using name, address, and DOB.
- Address verification using our Payment Provider (Stripe).
- Requesting up to date CRB checks to be provided.
- If the Creative wishes to establish a Stripe account to take Customer payments, information required by Stripe.
By registering on the Platform, the Creatives agree to the above uses of their information.
17. Payments and Taxes
As a Creative, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, income or other taxes ("Taxes").
18. Managing your Listings
As a Creative, you are responsible for determining and fulfilling your obligations under applicable laws and legislation.
If a Creative and a Customer agree to proceed with the purchase of and provision of a service under the relevant Creative Activity, the contract for the provision of the service will be solely between the Creative and the Customer. We are not a third party within the definition of the Contracts (Rights of Third Parties) Act 1999. We neither enjoy a benefit or incur any obligation under the contract between the Creative and Customer and cannot enforce any obligation(s) relating to it.
Any payments for the service are as between the Creative and the Customer and (except in relation to facilitating Stripe accounts as referred to in these Terms), we do not get involved in the transmission or arrangement of such payments.
These standards apply to any and all content of any kind Creatives submit to or through the Platform, including all content contained within Membership profiles, Listings and all reviews posted about Customer(s) including Feedback or any other comments, content and information posted on the Platform ("Creative Content"). Creatives must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Creative Content as well as to its whole.
Creative Content must:
2.1. be relevant to the purpose of the Platform; where it states facts, be accurate to the best of knowledge, information and belief; and comply with applicable law in the United Kingdom and in any country from which it is submitted.
Professional Content must NOT:
3.1. be unlawful in any way;
3.2. contain any material which infringes any intellectual property right or other rights of any other person (including any rights in a logo, image or trademark);
3.3. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
3.4. contain fraudulent information or offer for sale services that cannot legally be sold under any applicable law in the United Kingdom;
3.5. offer services that compete with Artsflow;
3.6. contain any hyperlink to any page of an internet site that resides behind a 'paywall' or other login screen or any 'deep link' where 'deeplinking' (except to the Artsflow's pages) is prohibited by the Owner;
3.7. contain any material which is defamatory of any person or entity;
3.8. be likely to mislead or deceive any person;
3.9. be used to impersonate any person, or to misrepresent a Creative's identity or affiliation with any person;
3.10. claim any endorsement or relationship with any provider of goods, services or content in respect of which the services or Creative Activities are provided (including any video game publisher or provider);
3.11. contain any material which is obscene, offensive, hateful or inflammatory;
3.12. be menacing, threatening, abuse or invade another's privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
3.13. contain or promote sexually explicit material;
3.14. promote violence or aggression;
3.15. promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
3.16. encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse or breach of any licence or contract terms (including any licence in respect of any video game);
3.17. be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
3.18. disrupt the normal flow of dialogue with an excessive amount of Professional Content (flooding attack) to the Site, or that otherwise negatively affects other users' ability to use the Site;
3.19. contain any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
3.20. be posted by a third-party agent, service, or intermediary that offers to post content on behalf of others without express permission from us; or
3.21. give the impression that it emanates from us, if this is not the case.
3.22. The Creative must not use the Platform to impair the proper operation of the Platform, or discourage any Customer from using the full range of features of Artsflow. For example, the Creative must not discourage any Customer from using Artsflow. This applies whether this is to avoid payment of charges to us, or for any other reason.
3.23. The Creatives must not use the Platform to attempt to avoid or manipulate charges applicable to the Creative's use of Artsflow.
The Creatives acknowledge that they are responsible for ensuring that they have the right to submit all Creative Content that they submit to or through the Platform and that no such Creative Content breaches the Content standards set out above.
By submitting any Creative Content the Creative represents and warrants that they have the right to submit that Creative Content and agrees that they grant us and our affiliates, effective at the time of submission of any Creative Content, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable right to use, reproduce, modify, publish, and display that Creative Content (in whole or part) to operate and promote Artsflow and for the purposes of research, statistics and improving the Platform; and agrees that we may use without charge or limitation any feedback and suggestions for improvement relating to the Platform provided to us by the Creative.
We reserve the right, in our sole discretion, to delete, edit or modify any Creative Content submitted, at any time, with or without notice.
Whilst we will attempt to remove or edit any objectionable Creative Content (including information, reviews and comments) brought to our attention (and which we agree is objectionable) as quickly as reasonably possible, the Creatives acknowledge that we do not pre-screen or moderate user input or Creative Content (except where this Agreement says that we do, i.e. in relation to Profile, the verification of licences, qualifications and Memberships). As a result, there is always a possibility that, by using the Platform, Creatives may be exposed to content that they find objectionable, such as views about such Creatives posted by third parties.
If Creatives require assistance in making changes to Profile or Creative Content email us at email@example.com
20. Termination, suspension and other measures
Term. The agreement between You and Artsflow reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
Termination: as a Creative, you may terminate this agreement at any time by sending us an email or by choosing a relevant option on the Platform or by removing all of your Profile information and Creative Activities and Listings from the Artsflow Platform.
Artsflow may terminate this agreement immediately and without notice and stop providing access to the Platform if you materially breach this agreement and/or our other Terms or Policies, you violate applicable laws, or we reasonably believe termination is advisable to protect Artsflow, its Members or third parties. If your Listing has been inactive for 120 or more days, we may remove it from Artsflow.
Artsflow may terminate also this agreement for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Artsflow may also terminate this agreement immediately and without prior notice and stop providing access to the Platform if (i) you materially breach these Terms or our Policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Artsflow, its Members, Clients, Users or other third parties (for example in the case of fraudulent behavior of a User), or (iv) your account has been inactive for more than 120 days.
Artsflow may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body.
Effect of Termination. If you are a Creative and terminate your Artsflow account, any confirmed booking(s) will be automatically cancelled and your Clients will receive a full refund. If you terminate your account as a Client, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing's cancellation policy.
When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Artsflow Platform has been limited, or your Artsflow account has been suspended, or this agreement has been terminated by Us, you may not register a new account or access or use the Artsflow Platform through an account of another Member.
Appeal. If Artsflow takes any of the measures described in this Section 20, you may appeal such a decision by contacting us at firstname.lastname@example.org.
We will not be liable to Creatives or any third party for the termination of their account.
21. Contests, Sweepstakes and Promotions and other Events
22. Resolving complaints and other claims
If a User provides evidence to make a complaint or another claim against another User, the complaining User can seek compensation. If the complaining User escalates a Claim to Artsflow, the other User will be given an opportunity to respond. If the responding User agrees to pay, or Artsflow determines under consideration of any applicable statutory rules on the burden of proof that they are responsible for the Claim, Artsflow via Payments can collect any sums required to cover the Claim from the responding User and/or against any security deposit.
Artsflow may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Artsflow requests, execute documents, and take further reasonable action, in connection with Claims, Client complaints, claims under insurance policies, or other claims related to your provision or use of Creative Activities. You may appeal a decision by Artsflow by contacting our customer service. Any decisions made by Artsflow in relation to a Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
For disputes arising between Clients and Creatives, you agree to abide by the dispute process that is explained in our Client Refund Policy and in this section and on our Platform. If the dispute process does not resolve your dispute, you may pursue your dispute independently, but you acknowledge and agree that Artsflow will not and is not obligated to provide any dispute assistance beyond what is provided in these terms.
23. Artsflow's role
Artsflow offers a platform that enables Creatives, Members and other Users to publish, offer, search for, and book Creative Activities. When Users make or accept a booking, they are entering into a contract directly with each other. Artsflow is not and does not become a party to or other participant in any contractual relationship between the Users.
For the avoidance of doubt, Artsflow is not acting as an agent for any Member or User except for where Artsflow has expressly stated so.
While we work hard to ensure our Users have great experiences using Artsflow, we do not and cannot control the conduct or performance of Clients and Creative and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Creative Activities or (ii) the truth or accuracy of any Listing descriptions, Reviews, or other Content provided by Creatives or Clients.
You hereby acknowledge that Artsflow has no general obligation to monitor the use of the Artsflow Platform and verify information provided by our Members, Creatives and Users, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don't meet quality and eligibility criteria. Where we remove or disable Content, we will notify a User and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other Users or third parties, or (iii) contravene applicable laws.
You may appeal such a decision by contacting our customer service. Users agree to cooperate with and assist Artsflow in good faith, and to provide Artsflow with such information and take such actions as may be reasonably requested by Artsflow with respect to any investigation undertaken by Artsflow regarding the use or abuse of the Platform.
We make an effort to ensure the Creatives whose details we provide are legitimate, reputable and have appropriate qualifications, membership to and/or approval of trade related bodies organisations and associations and that the information we had is accurate, the information is compiled from details supplied to us from the Creatives and we cannot be held responsible for any errors or inaccuracies in such information or for the suitability or quality of any services or goods supplied to Clients through our Service.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Creative, Creative Activity, Listing or third party and we do not warrant that verification, identity or background checks conducted on Members and Users (if any) will identify past misconduct or prevent future misconduct. Any references to a Member being "verified" (or similar language) indicate only that the Member or Artsflow has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Artsflow Platform. Artsflow may, temporarily and under consideration of the Users' legitimate interests (e.g. by providing prior notice), restrict the availability of the Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform.
To the maximum extent permitted by applicable law, you agree to release, defend (at our option), indemnify, and hold Artsfow (including other affiliates and personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Policies or Standards, (ii) your improper use of the Platform, (iii) your interaction with any User, participation in a Creative Activity or other service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
Creatives agree to indemnify us, on demand, against all losses, liabilities, amounts paid in settlement, costs and expenses suffered or incurred by us as a result of any claim arising out of or in connection with:
- any Service Creatives provide (or fail to provide);
- any Creative Content (including Profile and any Feedback) Creatives submit to or through the Platform;
- any use of Intellectual Property of other Users and other Materials; or
- any use Creatives make of the Platform.
This indemnity will survive termination or closure of Creative(s)' account for whatever reason.
Artsflow make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding Artsflow, the information contained on the Platform, your Personal information or material and information transmitted over the system.
You are responsible for obtaining access to the Services provided by Artsflow and agree that access to these services may involve third-party fees (including by not limited to Internet service provider or airtime charges). You agree to be responsible for those fees and will not hold Artsflow liable for any disputes which may arise with third parties whether or not referred to by Artsflow.
Artsflow Platform and its contents are provided on an "as is" and "as available" basis. This means that the Artsflow does not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the Platform.
To the fullest extent allowed by applicable law, the Platform disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose.
Artsflow does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
27. Exclusions and Limitations of Liability
This section limits the responsibility and liability to You for your use of Artsflow and its content or in respect of any third-party products or services that we refer to or link to on the Platform.
Artsflow and/or its Owner accept no financial responsibility to You arising from Your use of the Platform or any of its content.
In no circumstances do we accept responsibility for your use of third-party Sites or in respect of any third-party products. By Third Party Sites we mean Apps, online or mobile services provided by third parties, including Apps of advertisers and sponsors that may appear on Artsflow. By Third Party Products we mean products or services provided by third parties.
It is not commercially possible for Artsflow to accept any responsibility for Your personal use of any information provided at the App or the way any user decides to use this information.
Content (including any information we publish regarding Third Party Products) is only for information purposes and is not intended to address Your particular requirements.
Any information that you receive from the Platform, whether or not it is classified as "real time", may have stopped being current by the time it reaches you.
The information on the Platform is provided on an "as is" basis. To the fullest extent permitted by law, Artsflow excludes all representations and warranties relating to this App and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Artsflow's literature; and excludes all liability for damages arising out of or in connection with your use of this Platform. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Platform or any information contained therein. Users should be aware that they use the Platform and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts the Owner's liability for death or personal injury resulting from any negligence or fraud on the part of the Owner.
Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977 (UK). However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
Artsflow is an online platform which are intended to be used to allow Creatives and Customers to connect and arrange for the provision of services and Creative Activities directly with each other. Subject to the provisions of this Section, we are not responsible for and disclaim any and all liability related to the provision of services as between Creatives and Customers.
Creatives agree that their use of the Platform and provision of services and Creative Activities is entirely at the Creatives' own risk. No representations are made by us regarding the Customer who may be connected with the Creative via Artsflow, the number of Customers the Creative may receive for the Creative Activity by using Artsflow and the Creative should make its own assessment when deciding whether or not to provide a service to a particular Customer. We do not endorse any content submitted by Customer or any opinion, reliability or ability to pay expressed by the Customer and we expressly disclaim any and all liability in connection with the foregoing.
Any reference on the Platform to a Creative being licensed or credentialed in some manner, or "badged", "best of", "top", "background checked" (or similar language) designations indicates only that the Creative has completed a relevant account process or met Customer review standards and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Artsflow and is not verification of their identity and whether they or their services are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Creative to evaluate and make decisions about the identity and suitability of others whom the Creative contacts or interacts with via the Platform. The Creative should always exercise responsibility, due diligence and care when deciding whether to have any interaction with any other User. Artsflow is not responsible for any damage or harm resulting from Creatives' interactions with other Users.
Nothing in this Agreement shall limit or exclude our liability to the Creative for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation or any other liability that under English law may not be limited or excluded.
Subject to clause 27.15 above in no event shall we be liable to a Creative (including by reason of negligence) in contract, tort or otherwise, for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses Creatives suffer is strictly limited to losses that were reasonably foreseeable.
28. Intellectual Property
All Content included on the Platform, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Artsflow, our affiliates or other relevant third parties. By continuing to use Artsflow you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from Artsflow unless otherwise indicated on the Platform or unless given express written permission to do so by the Owner.
Material from the Platform may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities which we may suffer incur as a result of you using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.
The copyright in and to the Terms and Conditions belongs to Artsflow. Any copying of the Terms and Conditions without the Owner's prior written permission constitutes an infringement of our legal rights.
29. Links to Other Websites or mobile applications
This Platform may contain links to other sites. Unless expressly stated, these sites are not under the control of Artsflow or that of Our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on Artsflow does not imply any endorsement of the sites themselves or of those in control of them.
We do not monitor or review the content of other party's Apps which are linked to from Artsflow. Opinions expressed or material appearing on such Apps are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Artsflow and its Owner will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
- All provisions of any relevant Terms and Conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms and Conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
32. No Waiver
- In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
33. Previous Terms and Conditions
- In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Children under the age of 18 are not allowed to create an account or otherwise use the Services. Additionally, if you are in the EEA, you must be over the age required by the laws of your country to create an account or otherwise use the Services, or we need to have obtained verifiable consent from your parent or legal guardian.
Customers must be 18 years of age or over to request or search for Services or Creative Activities as a Customer on Artsflow.
When Creatives agree to provide services and Creative Activities to a Customer, they are entering into a contract with that Customer. By law, a person must be at least 18 years old to enter into a valid, enforceable contract. We require that all the Creatives are at least 18 years old. If you think a Creative registered on Artsflow is under 18, or if someone using a Creative's account is under 18, please let us know by email at email@example.com, and include any relevant information.
If a Creative who is under 18 years of age wants to register with Artsflow, we need to receive consent, along with any relevant information provided from a legal parent or guardian. Please email firstname.lastname@example.org with such relevant information and our legal team will review on a case-by-case basis.
If you are booking a Creative Activity for someone else or for someone who is a minor or if you bring a minor to a Creative Activity, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor
36. Law and Jurisdiction
These Terms and Conditions are subject to English law and the courts of England and Wales and will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
For the exclusive benefit of this Platform and to the extent possible in the applicable jurisdiction, Artsflow will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms and Conditions or (if different) the country of your principal place of business.
Any relevant Terms and Conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of England and Wales in respect of any disputes arising in connection with Artsflow, or any relevant Terms and Conditions, policies and notices or any matter related to or in connection therewith.
The Parties shall seek to resolve any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including without limitation, any dispute regarding the enforceability of any provision, through good faith negotiations between them within 1 calendar month of any notice of dispute being served or such longer period of time as may be mutually agreed between the Parties.
If the Parties are unable to resolve the dispute in accordance with clause above, and one or both Parties desire to pursue the dispute, any such dispute, controversy or claim arising out of these terms and conditions or this Agreement including the validity, invalidity, breach or termination thereof, shall be settled first by the arbitration in the United Kingdom.
37. Force Majeure
- We shall not be held liable for any failure to perform that is due to any cause or circumstance beyond Our reasonable control, including without limitation a demand for such Services which exceed Our ability to supply them, as well as force Majeure situations, including but not limited to earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control. No such inability to deliver or delay in delivery shall invalidate the remainder of these Terms and Conditions.
38. Changes to these Terms and Conditions
Artsflow reserves the right to update these Terms and Conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The Platform shall have the right at any time, to change, modify, add, or delete the terms and conditions applicable to your use the Platform or any part thereof.
The Platform may at any time modify any relevant Terms and Conditions, Policies or notices. You acknowledge that by visiting the Artsflow Platform from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit Artsflow Platform.
39. Entire Agreement
These Platform's Terms and Conditions constitute the record of the agreement between the Parties regarding this Platform and supersedes any prior agreements in relation to your use of this Platform or any other platform provided by Artsflow.
Neither You nor the Platform and its Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these rules supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Platform and its Owner in respect of your use of Artsflow.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
Failure by either Party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.