Artist Rush Terms of Service
These terms of service outline the rules and regulations for the use of Artist Rush’s website. Also
Thank you for choosing Artist Rush. By creating an account or otherwise using Artist Rush service,
website and software applications (together “Artist Rush Service” or “Service”), or accessing any
content or material that is made available by Artist Rush through the Service (the “Content”), you
accept these terms of service (“Terms of Service”, “Terms” or “Agreement”) in full.The Agreement
will also be applicable to the use of the Service on a trial basis. Do not continue to use Artist
Rush’s Service if you do not accept all of the Terms and Conditions of use stated on this
The following terminology applies to these Terms of Service, Privacy Statement and any or all
Agreements: “Client”, “You” and “Your” refers to you, the person accessing this Service and
accepting Our terms and conditions. “Artist Rush”, “The Company”, “Ourselves”, “We”, “Our” and “Us”,
refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or
either the Client or ourselves. All terms refer to the offer, acceptance and consideration of
payment necessary to undertake the process of our assistance to the Client in the most appropriate
manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose
of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in
accordance with and subject to, prevailing law of Netherlands. Any use of the above terminology or
other words in the singular, plural, capitalisation and/or he/she or they, are taken as
interchangeable and therefore as referring to same.
These Terms, or any part thereof, may be modified by us, including the addition or removal of terms
at any time, and such modifications, additions or deletions will be effective immediately upon
posting. Your use of the Service after such posting shall be deemed to constitute acceptance by you
of such modifications, additions or deletions.
In order to use the Service, You are given the opportunity to register via an online registration
form, to create a user account (“Your Account”) that may allow you to receive information from us
and to participate in certain features on the Service . We will use the information you provide in
access data for Your Account, and are fully responsible for all activities that occur under Your
Account. You agree to (a) immediately notify Artist Rush of any unauthorized use of Your Account or
any other breach of security, and (b) ensure that You exit from Your Account at the end of each
session. Artist Rush cannot and will not be liable for any loss or damage arising from Your failure
to comply with this section. In consideration of use of the Service, You agree to: (a) provide true,
accurate, current and complete information about Yourself as prompted by the Service's registration
form, and (b) maintain and promptly update the Registration Data to keep it true, accurate, current
and complete. Artist Rush assumes no duty to verify such information as further detailed in the User
content section of these Terms. If You provide any information that is untrue, inaccurate, not
current or incomplete, or Artist Rush has reasonable grounds to suspect that such information is
untrue, inaccurate, not current or incomplete, Artist Rush has the right to suspend or terminate
Your Account and refuse any and all current or future use of the Service (or any portion thereof).
By using this Service, you represent that you are 16 years of age or older and, if you are under the
age of 18, you either are an emancipated minor or have obtained the legal consent of your parent or
legal guardian to enter into these Terms, submit Content, and participate on the Service. Artist
Rush may, in its sole discretion, refuse to offer the Service to any person or entity and change its
eligibility criteria at any time. You are solely responsible for ensuring that these Terms of
Service are in compliance with all laws, rules and regulations applicable to you and the right to
access the Service is revoked where these Terms of Service or use of the Service is prohibited or to
the extent offering, sale or provision of the Service conflicts with any applicable law, rule or
Billing and Payment
Additional groupings of features may be added to the Service and made available to You as a paid
upgrade ("Paid Plan"). If You choose to subscribe to a Paid Plan, You shall pay fees (described
below) to Artist Rush. Upon selection of a Paid Plan, You will provide Artist Rush with the
necessary billing information ("Billing Data").
Credit cards and Paypal are the only payment mechanism(“Payment Method”) Artist Rush will accept for
payment of a monthly fee ("Subscription Fee") for a Paid Plan. All currency references are in Euro.
Paid Plans can only be paid as a monthly Subscription Fee.
If you select a Paid Plan, You must provide current, complete and accurate Billing Data. You must
promptly update all Billing Data to keep Your Account current, complete and accurate (such as a
change in billing address, credit card number, credit card expiration date or Paypal information)
and You must promptly notify Artist Rush if Your Payment Method is changed (for example, for loss or
theft) or if You become aware of a potential breach of security, such as the unauthorized disclosure
or use of Your name or password. If You fail to provide any of the foregoing information, You agree
that Artist Rush may continue charging You for any use of the Paid Plan under your Billing Data
unless You have terminated Your Paid Plan as set forth herein.
The Payment Method that You provide as part of the Billing Data will be automatically and
immediately billed on a) end of your current trial period, b) at the end of your current running
payment period or c) instant when there is no active period. You agree that Artist Rush may charge
to Your Payment Method all amounts due and owing for Your Account on a monthly basis or upon
cancellation (see "Termination, Breach and Suspension and Cancellation" and "No Refunds"). Artist
Rush may change prices at any time without prior notice, but will endeavor to provide reasonable
advance notice via the Artist Rush website and/or electronic mail. You agree that in the event
Artist Rush is unable to collect the fees owed to Artist Rush for Your Account through Your
Subscription Fee, Artist Rush may take any other steps it deems necessary to collect such fees from
You and that You will be responsible for all costs and expenses incurred by Artist Rush in
connection with such collection activity, including collection fees, court costs and attorney's
As long as Your Account remains active and in good standing, You will be charged the Subscription
Fee even if You never use the service. You may, however, cancel Your Paid Plan at any time.
You can cancel Your Paid Plan at any time. Please note that you must cancel Your Paid Plan before
the renewal date in order to prevent being charged for the next billing period. If you cancel Your
Paid Plan it will become effective at the end of the then-current billing period.
Termination, breach and suspension
If Your Subscription Fee payment is overdue, Artist Rush will disable Your access to the features
provided by the Paid Plan. Artist Rush may, at its sole discretion, at any time and for any reason,
terminate the Service, terminate this Agreement, or suspend or terminate Your Account. In the event
of suspension or termination, Your account will be disabled and You may not be granted access to
Your Account or any files or other Content (including Your User Content) contained in Your Account,
and Artist Rush may delete Your User Content, although residual copies of information may remain in
our system for some time for back-up purposes. In the event of termination, Artist Rush may also
withdraw and at its discretion reallocate the public web address of Your Account.
REFUNDS WILL NOT BE PROVIDED FOR ANY SUBSCRIPTION. WE DO NOT PROVIDE, CREDIT, REFUNDS OR PRORATED
BILLING FOR PAID PLANS THAT ARE CANCELLED MID BILLING PERIOD. In such case you will have access to
your Paid Plan until the end of the current billing period.
Proprietary and Intellectual property rights
Artist Rush and/or its suppliers, as applicable, retain ownership of all proprietary rights in the
Service and in all trade names, trademarks and service marks associated or displayed with the
Service. You will not remove, deface or obscure any of Artist Rush’ or its suppliers' copyright or
trademark notices and/or legends or other proprietary notices on, incorporated therein, or
associated with the Service. You may not reverse engineer, reverse compile or otherwise reduce to
human readable form any software associated with the Service.
The Service may contain comments sections, discussion forums, biography sections, or other
interactive features (“Interactive Areas”) in which you may post or upload user-generated content,
comments, video, photos, messages, other materials or items (collectively, “User Content”). You are
solely responsible for your use of any Interactive Areas and you use them at your own risk.By
submitting any User Content or participating in an Interactive Area within or in connection with the
Service, you agree that you will not upload, post or otherwise transmit any User Content that (a)
violates or infringes in any way upon the rights of others, including any statements which may
defame, harass, stalk or threaten others; (b) you know to be false, misleading or inaccurate; (c)
contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate
speech, abusiveness, vulgarity or profanity; (d) contains or advocates pornography or sexually
explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd; (e) violates
any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses
illegal activities with the intent to commit them; (f) advocates violent behavior; (g) poses a
reasonable threat to personal or public safety; (h) contains violent images of killing or physical
abuse that appear to have been captured solely, or principally, for exploitative, prurient, or
gratuitous purposes; (i) is protected by copyright, trademark, trade secret, right of publicity or
other proprietary right without the express permission of the owner of such copyright, trademark,
trade secret, right of publicity or other proprietary right. The burden of determining that any User
Content is not protected by copyright, trademark, trade secret, right of publicity or other
proprietary right rests with you. You shall be solely liable for any damage resulting from any
infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary
rights or any other harm resulting from such a submission. Any person determined by Artist Rush, in
its sole discretion, to have violated the intellectual property or other rights of others shall be
barred from submitting or posting any further material on the Service; (j) does not generally
pertain to the designated topic or theme of any Interactive Area; (k) contains any unsolicited or
unauthorized advertising or promotional materials with respect to products or services, “junk mail”,
“spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation; or (l) uses the name
or likeness of an identifiable natural person without such person’s consent.
- You agree not to represent or suggest, directly or indirectly, Artist Rush’s endorsement of
- You agree not to upload, post or otherwise transmit any User Content, software or other
which contain a virus or other harmful or disruptive component.
- You agree not to use any service, technology or automated system to artificially inflate the
views that your User Content receives. This includes pay-per-click services, web “robots”
other current or future technologies. You also agree not to direct any third party to use
services, technologies or automated systems on your behalf.
- You agree not to use any technology, service or automated system to post more User Content
individual could upload in a given period of time. You also agree not to direct any third
use these services, technologies or automated systems on your behalf.
Any conduct that we, in our sole discretion, believe restricts or inhibits anyone else from using or
enjoying the Service will not be permitted. We reserve the right in our sole discretion to remove or
edit User Content submitted by You.
We are not responsible for the accuracy or credibility of any User Content, and do not take any
responsibility or assume any liability for any actions you may take as a result of reading User
Content posted on the Service. Through your use of Interactive Areas, you may be exposed to content
that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be
risks of dealing with underage persons, people acting under false pretense, international trade
issues and foreign nationals. By using Interactive Areas, you assume all associated risks.
We have the right, but not the obligation, to monitor User Content posted or uploaded to the Service
to determine compliance with these Terms and any operating rules established by us and to satisfy
any law, regulation or authorized government request. Although we have no obligation to monitor,
screen, edit or remove any of the User Content posted or uploaded to the Service, we reserve the
right, and have absolute discretion, to screen, edit, refuse to post or remove without notice any
User Content posted or uploaded to the Service at any time and for any reason, and you are solely
responsible for creating backup copies of and replacing any User Content posted to the Service at
your sole cost and expense. The decision by Artist Rush to monitor and/or modify User Content does
not constitute nor shall it be deemed to constitute any responsibility or liability in any manner on
our part in connection with or arising from your use of Interactive Areas on the Service.
You are solely responsible for all User Content that you post. Artist Rush is not responsible for
User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE
BRINGS A CLAIM AGAINST ARTIST RUSH RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT
PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD ARTIST RUSH HARMLESS FROM AND AGAINST ALL
DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT
OF SUCH CLAIM.
Links To Third Party Sites
This Site may contain links that will let you access other Web sites that are not under the control
of Artist Rush . The links are only provided as a convenience and Artist Rush does not endorse any
of these sites. Artist Rush assumes no responsibility or liability for any material that may
accessed on other Web sites reached through this Site, nor does Artist Rush make any representation
regarding the quality of any product or service contained at any such site.
Links From Third Party Sites
Artist Rush prohibits unauthorized links to the Site and the framing of any information contained on
the site or any portion of the Site. Artist Rush reserves the right to disable any unauthorized
links or frames. Artist Rush has no responsibility or liability for any material on other Web sites
that may contain links to this Site.
Rights you grant us
During the subscription period (+ 2 months after ending the subscription), you grant to Artist Rush
a limited, worldwide, non-exclusive, and royalty-free license to (a) reproduce, perform, display,
and use your Public Profile for administrative and demonstration purposes in connection with the
operation, improvement and marketing of the Service ; (b) distribute your Public Profile through the
Service ; (c) perform a Security Review on your Profile; and (d) use the trade names, trademarks,
service marks, logos, and domain names associated with your Profile (collectively, “Your Names”) as
a reference for marketing or promotional purposes on and in connection with the Service and in other
communications with, or promotions for, existing or potential developers, partners and customers
about the Service. For example, we might include Your Names on the Service and in blog posts about
the Service. Artist Rush will comply with your written trademark usage policies as communicated by
you to Artist Rush from time to time.
Reporting User Content
Artist Rush respects the rights of intellectual property owners. If Artist Rush is notified by a
copyright holder that any User Content infringes a copyright, Artist Rush may in its absolute
discretion take actions without prior notification to the provider of that User Content. If the
provider believes that the content is not infringing, the provider may submit a counter-notification
to Artist Rush with a request to restore the removed content.
If you believe that any Content does not comply with the User Content, infringes your intellectual
property rights or other rights, please fill out our contact form.
You agree to defend, indemnify, and hold harmless Artist Rush , its affiliates, subsidiaries, and
divisions, and each of their officers, directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal and accounting fees, alleging or
resulting from your use of the Content (including software) or your breach of the terms of this
Agreement. Artist Rush shall provide notice to
Modifications to Service
Artist Rush reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice at any time.
You agree that Artist Rush shall not be liable to You or to any third party for any modification,
suspension, termination or discontinuance of the Service.
Warranty and Disclaimer
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE ARTIST RUSH
SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF
ANY KIND. YOU USE THE ARTIST RUSH SERVICE AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, ARTIST RUSH AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY
WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
OR NON-INFRINGEMENT. NEITHER ARTIST RUSH NOR ANY OWNER OF CONTENT WARRANTS THAT THE ARTIST RUSH
SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, ARTIST RUSH MAKES NO
REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY
APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY ON OR THROUGH THE ARTIST RUSH SERVICE OR ANY HYPERLINKED WEBSITE, OR
FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT ARTIST RUSH IS NOT
RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THIRD PARTY
APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE ARTIST RUSH SERVICE. AS WITH ANY
PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING
OBTAINED BY YOU FROM ARTIST RUSH SHALL CREATE ANY WARRANTY ON BEHALF OF ARTIST RUSH IN THIS REGARD.
SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
Limitation of liability
IN NO EVENT WILL ARTIST RUSH OR ITS AFFILIATES, SUPPLIERS OR RESELLERS BE LIABLE FOR ANY SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY
OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR THE
PROVISION OF OR FAILURE TO PROVIDE TECHNICAL OR OTHER SUPPORT SERVICE, WHETHER ARISING IN TORT
(INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF ARTIST RUSH, ITS AFFILIATES,
SUPPLIERS OR RESELLERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, ARTIST
RUSH’, ITS AFFILIATES', SUPPLIERS' AND RESELLERS' MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE
REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT
ACTUALLY PAID BY YOU FOR THE SERVICE (IF ANY) IN THE PREVIOUS TWELVE MONTHS.
Waiver and Severability
Failure by either party to exercise any of its rights under, or to enforce any provision of, this
Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such
provision. If any provision of this Agreement is held by a court of competent jurisdiction to be
illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible
the same economic effect of the original provision and the remainder of this Agreement will remain
in full force and effect.
Jurisdiction and Governing law
without regard to its principles of conflict of laws. You agree that any disputes in connection with
this agreement or its enforcement shall be resolved in a court of competent jurisdiction in The
shall remain in full force and effect.
This Agreement embodies the entire understanding and agreement between the parties respecting the
subject matter of this Agreement and supersedes any and all prior understandings and agreements
between the parties respecting such subject matter. Artist Rush may change the terms of this
Agreement at any time by posting modified terms on its website. This Agreement has been prepared in
the English Language and such version shall be controlling in all respects and any non-English
version of this Agreement is solely for accommodation purposes. Any and all rights and remedies of
Artist Rush upon Your breach or other default under this Agreement will be deemed cumulative and not
exclusive of any other right or remedy conferred by this Agreement or by law or equity on Artist
Rush, and the exercise of any one remedy will not preclude the exercise of any other. The captions
and headings appearing in this Agreement are for reference only and will not be considered in
construing this Agreement. Notices to You may be made via either email or regular mail. The Service
may also provide notices of changes to the Agreement or other matters by displaying notices or links
to notices to You generally on the Service. All notices or other correspondence to Artist Rush under
this Agreement must be sent to the following electronic mail address for such purpose:
Or the following physical address:
Artist Rush BV
5032 XZ Tilburg