Artist Rush Terms of Service

These terms of service outline the rules and regulations for the use of Artist Rush’s website. Also take some time to read our Privacy Policy and other terms referenced in this document.

Introduction

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 page.

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.

Changes

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.

Registration

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 accordance with the Privacy Policy. You are responsible for maintaining the confidentiality of the 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 regulation.

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 fees.

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.

Cancellation

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.

No refunds

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.

User content

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 User Content.
  • You agree not to upload, post or otherwise transmit any User Content, software or other materials 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 page views that your User Content receives. This includes pay-per-click services, web “robots” and any other current or future technologies. You also agree not to direct any third party to use these services, technologies or automated systems on your behalf.
  • You agree not to use any technology, service or automated system to post more User Content than an individual could upload in a given period of time. You also agree not to direct any third party to 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.

Indemnity

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

These Terms of Use shall be governed by and construed in accordance with the laws of The Netherlands 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 Netherlands.

In the event that any provision of the Terms of Use are deemed by a court of competent jurisdiction to be invalid or unenforceable, the invalid portion of the Terms of Use shall be considered to be modified as closely as possible to the intent of Artist Rush and the remainder of the Terms of Use shall remain in full force and effect.

Entire agreement

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: support@artistrush.com.

Or the following physical address:

Artist Rush BV
Weteringlaan 195
5032 XZ Tilburg
The Netherlands