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ArtRadio.tv

Terms and Conditions

  1. Introduction

    1. ArtRadio Mission

      1. We love you. We love your art. We want to share it.

    2. Importance of these terms

      1. These terms and conditions set out your rights and responsibilities and are needed because ArtRadio respects your rights and wants to ensure that you get the most out of using the ArtRadio Website (www.artradio.tv) (the "site"), whether you are a user, an Art Lover or an Artist. These terms are made up of the following documents:

        (collectively called the "Terms").

    3. We ask that you please read all these Terms carefully before you use the site because, by using the site, you are entering into a legally binding agreement with ArtRadio. We will also ask you to accept these terms when you subscribe as an Artist or an Art Lover.If you do not agree to the Terms, you should not use the site.

  2. Information About ArtRadio

    The site is operated by ArtRadio Limited ("ArtRadio"). ArtRadio is registered in England and Wales under company number 07358591 and has its registered office at 6 Constable Close, Neath Hill, Milton Keynes, England, MK14 6JD.

  3. Accessing Our Site

    1. In these Terms the following definitions apply:

      1. "Additional Artist Terms" means the additional terms which also apply to Artists, as set out in Clause 21 of these Terms;

      2. "Additional Group Terms" means the additional terms which also apply to Groups, as set out in Clause 22 of these Terms;

      3. "Art" any and all artistic works (including, without limitation, artwork, music, videos and any written works) belonging to Artists (and, where the context requires, a Group) which can be found on the site and licensed for use on the site in accordance with these Terms;

      4. "Artist" means any artist who holds an Artist Account and agrees to be part of the ‘Art Radio label’ by registering with ArtRadio and accepting these Terms;

      5. "Artist Account" means an account held by an Artist, the details of which are set out in Clause 3.2b) of these Terms;

      6. "Art Lover" means any user who holds an Art Lover Account by registering with ArtRadio and accepting these Terms;

      7. "Art Lover Account" means an account held by an Art Lover, the details of which are set out in Clause 3.2a) below;

      8. "ArtRadio Account" means either an Art Lover Account or an Artist Account;

      9. "ArtRadio Community" means the community of Art Lovers and Artists registered with ArtRadio to use the site and the Service;

      10. "ArtRadio Guidelines" means the guidelines and content standards relating to the site which can be found here;

      11. "Group" individual Artists who set up as a group of Artists within the ArtRadio Community;

      12. "Service" means the site and the features, channels, software, data feeds and services provided to you on or from or through the site;

      13. "Transmitters" means, collectively, both Artists and Art Lovers; and

      14. "You" means any user of the site (including Transmitters).

    2. In order to access the site fully and the Service, you will need to create an account with us. There are two types of ArtRadio Accounts available:

      1. an Art Lover Account for Art Lovers; and

      2. an Artist Account for Artists.

    3. When using the site, you must comply with these Terms, including, where you are an Artist , Additional Artist Terms and, if, as an Artist, you have set up any Groups, the Additional Group Terms and the provisions set out in the ArtRadio Guidelines.

    4. When you register with ArtRadio, you create an Art Lover Account. Your Art Lover Account can then be upgraded to an Artist Account which will allow you to upload, for free, Art you have created. The Artist Account is explained further in the Additional Artist Terms.

    5. When creating an account with ArtRadio, you must complete the online registration process and, in doing so, provide ArtRadio with accurate and complete information. If ArtRadio has any reason to believe that any information you provide is false, inaccurate or misleading we will, at our discretion, terminate your account and your access to the Service.

    6. Account eligibility

      1. you can only create an ArtRadio Account if you meet the following criteria and warrant that you:

        1. are 18 years of age or older;

        2. are not currently suspended from the Service, or not otherwise barred from having an ArtRadio Account;

        3. are not a competitor of ArtRadio;

        4. have full power and authority to accept and agree to the Terms and in doing so will not breach any person’s confidence or breach any other agreement to which you are a party; and

        5. will not violate or infringe any of ArtRadio’s rights or the rights of any ArtRadio user(s), including any intellectual property rights (such as, without limitation, copyright or trademark rights).

    7. Artists are able to set up or join Groups, and it is through a Group profile that Artwork created by two or more Artists can be shared and viewed by the ArtRadio Community. Because of the nature of the site, an individual Artist forming part of a Group (such as a music band) is able to establish one or more Groups. The Additional Group Terms which also apply in relation to any Group can be found here.

    8. If you are a Transmitter we will supply you with a username and password to enable you to access your ArtRadio account. It is important that you keep your password safe and secure and that you do not share your password, let anyone else access your account or do anything which may compromise your account security.

    9. You must notify us immediately of any breach of your account security or unauthorised use of your ArtRadio account that you become aware of. This can be done by contacting us.

    10. You agree that you are solely responsible for all activity that occurs under your ArtRadio Account.

  4. General Restrictions On Use

    1. ArtRadio grants you permission to access and use the Service, subject to the following conditions. You agree that your failure to adhere to any of these conditions shall constitute a breach of these Terms on your part;

      1. unless permitted under the Terms, you agree not to distribute, reproduce, copy, sell or disseminate any part or parts of the site or the Service, including but not limited to any content, information and/or Art, in any medium without ArtRadio’s prior written consent;

      2. you agree not to alter or modify any part of the site or any of the Service (including, without limit, the ArtRadio editor and its related technologies);

      3. you agree not to disable or otherwise interfere with any security features of the Service or features that prevent use or copying of any content, information and/or Art;

      4. you agree not to remove any copyright, trade mark or other proprietary notices contained anywhere on any part of the site and/or any content, information and/or Art;

      5. you agree not to collect, harvest or scrape any personal data of any user of the site or the Service (including, without limitation, user account names);

    2. You agree that you will comply with all the other provisions of the Terms, including the ArtRadio Guidelines, at all times during your use of the Service.

  5. Respecting Rights

    1. We respect other people’s rights and our site can only work if you do the same.

    2. Transmitters (Artists and Art Lovers)

      1. If you are a Transmitter you will be able to post content and information to the site. You are the owner of all content and information you post to the site and warrant that:

        1. you are entitled to post and share the information;

        2. the content and information is true and accurate;

        3. the content and information is not confidential;

        4. the information and content does not violate any laws, any contractual restrictions or violate or infringe anyone else’s rights (including, without limitation, anyone else’s intellectual property rights);

        5. you will comply with the ArtRadio Guidelines in relation to any such postings which state that you cannot post any defamatory, offensive or otherwise unacceptable material on the site.

      2. It is important that ArtRadio and all other users of the site are able to use and access the content and information you post to the site and you grant:

        1. to ArtRadio, a worldwide, non-exclusive, irrevocable, royalty-free licence to use, reproduce, distribute, prepare derivative works of, and display your content and information in connection with the provision of the Service and ArtRadio’s business, including, without limitation for promoting and advertising part or all of the Service in any media formats and through any media channels (including, without limitation, on the site itself);

        2. to each user of the site (i.e. non Transmitters) a worldwide, non-exclusive, irrevocable, royalty free licence to view and display your content and information for the purpose of browsing those parts of the site that are accessible to the public without holding an ArtRadio Account;

        3. to each user of the Service (i.e. Transmitters), a worldwide, non-exclusive, irrevocable, royalty-free licence to access your content and information through the site and to use, reproduce, distribute, display such content and information on the site to enable users to use the Service and the site.

      3. You should note that the licences you grant ArtRadio and users within the ArtRadio Community under Clause 5.2.2 are granted to enable the site to work and to achieve the ArtRadio mission; they are not granted for ArtRadio to commercially exploit any of your content and information, save for the advertising of the Service as explained at Clause 5.2.2(a) above.

    3. Artists

      1. If you are an Artist, you will be able to upload your Art to the site. You own and will continue own the Art and all intellectual property rights in the Art which you upload. By uploading Art to the site you warrant that:

        1. you own the intellectual property rights in the Art and have the right to upload it to the site;

        2. the Art and its content does not violate any laws, any contractual restrictions or violate or infringe anyone else’s rights (including, without limitation, anyone else’s intellectual property rights); and

        3. you will comply with clause 12 and the ArtRadio Guidelines.

      2. It is important that you understand how your Art will be shared within the ArtRadio Community and how Art Lovers will be able to use your art to create their own "experiences" for the purposes of their own personal profile and how Artists can create and share the experiences they create. This is set out fully in Clause 6 below and you can find some guidance relating to "experiences" here.

    4. ArtRadio's rights

      1. The site and, with the exception of content, information and Art submitted to the site by you, all other content on the site, belongs to ArtRadio or its licensors and use of the site is subject to copyright, database rights, trade mark rights and other intellectual property rights of ArtRadio or its licensors (whether registered or unregistered). The site and such content may not be downloaded, reproduced, copied, distributed, transmitted, broadcasted, displayed, sold, licensed or otherwise, whether in part or in full, exploited without the prior written consent of ArtRadio or its licensors. ArtRadio and its licensors reserve all rights not expressly granted in and to their content.

  6. Rights to use art "experiences"

    1. All Transmitters will have the ability to create their own "experiences", using the ArtRadio editor, on their profile.

    2. An Art Lover can create "experiences" but these experiences are private to that user, will only be on the Art Lover’s profile and cannot be seen or shared with anyone else.

    3. Artists can create "experiences" and can select:

      1. to keep any "experience" private so that it will only be on the Artist’s profile and cannot be seen or shared by anyone else; or

      2. to share the "experience" which means that it will be seen by and shared with other Transmitters within the ArtRadio Community; or

      3. to share the "experience" with individuals both inside and outside of the ArtRadio Community.

    4. An "experience" gives the Transmitter the ability to incorporate your Art and the Art of various Artists who have uploaded their Art to the site to create this "experience".

    5. Not all Art uploaded to the site will be able to be used to create experiences using the experience editor. When uploading Art you have the option of choosing whether or not to allow Art Lovers or other Artists to create personal "experiences" by using the ‘allow others to use it’ function.

    6. If you turn off the ‘allow others to use it’ function this means that whilst the function is turned off:

      1. Your Art cannot be used in future "experiences";

      2. any "experiences" which have already been created by Artists and Art Lovers will remain on that user’s own personal profile; and

      3. the "experiences" which have been created by Artists will remain visible to the rest of the Art Radio Community

    7. As an Artist you agree that:

      1. Art Radio and Transmitters can display and share your Art within the ArtRadio Community;

      2. users (i.e. non-Transmitters) can view and display your Art for the purpose of browsing those parts of the site that are accessible to the public without holding an ArtRadio Account.

      3. Art Lovers can use your Art to create personal "experiences" which cannot be shared with anyone else; and

      4. Artists can use your Art to create "experiences" which can be seen and shared with you and the ArtRadio Community.

    8. As an Artist, you also grant:

      1. to ArtRadio, a worldwide, non-exclusive, irrevocable, royalty free licence to use, distribute, display and prepare derivative works of, in the form of "experiences", your Art in connection with the provision of the Service and ArtRadio’s business, including, without limitation for promoting and advertising part or all of the Service in any media formats and through any media channels;

      2. to users (i.e. non-Transmitters) a worldwide, non-exclusive, irrevocable, royalty free licence to view and display your Art for the purpose of browsing those parts of the site that are accessible to the public without holding an ArtRadio Account; and

      3. to Art Lovers a worldwide, non-exclusive, irrevocable, royalty free licence to access, display (on their profile), and create derivative works of, in the form of "experiences" on the site, (which are personal to that user and may not be shared) your Art; and

      4. to Artists a worldwide, non-exclusive, irrevocable, royalty free licence to access, display, share with the ArtRadio Community, and create derivative works of, in the form of "experiences" on the site (which can be displayed by and shared with other Transmitters), your Art.

    9. As an Artist, you should note that the licences you grant ArtRadio and users of the ArtRadio Community under Clause 6.8 are granted to promote your work, to enable the site, and the "experiences" which can be created on the site, to work and to achieve the ArtRadio mission; they are not granted for ArtRadio to commercially exploit your Art save for the advertising of the Service as explained at Clause 6.8.1 above.

  7. Disclosure of information and privacy

    1. ArtRadio takes your privacy very seriously and our Privacy Policy sets out how we collect and use information about you. We would strongly encourage you to read the Privacy Policy in full before deciding to become an Account Holder.

    2. ArtRadio will disclose your information in the ways described in these Terms and if required by court order or if otherwise required by any court or regulatory body of competent jurisdiction if there is an allegation that you have violated any applicable laws and/or any intellectual property rights of any third party.

  8. The site and changes

    1. We aim to update the site regularly, and may change the content at any time. If the need arises, ArtRadio may suspend access to the site for such updates and any maintenance works.

    2. You understand and acknowledge that in using the site, you may be exposed to information and content that is factually inaccurate or otherwise objectionable to you. ArtRadio does not endorse any content or any opinion, recommendation, or advice expressed and expressly disclaims any and all liability in connection with any content or information on the site.

  9. Exclusion of Warranties

    1. Nothing in these Terms shall affect your statutory rights or any rights which we cannot contractually agree to alter or waive.

    2. The site is provided to you on an "as is", "as available" basis and ArtRadio makes no warranty or representation to you with respect to the site.

    3. In particular, ArtRadio does not represent or warrant to you that:

      1. your use of Service will meet your requirements;

      2. your use of the site will be uninterrupted, secure or free from error; and

      3. any information obtained by you as a result of your use of the site will be accurate or reliable.

    4. All warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law excluded from these Terms.

  10. Limitation of Liability

    1. Nothing in these Terms affects ArtRadio’s liability for death or personal injury arising from its negligence, nor ArtRadio’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

    2. Subject to paragraph 10.1 above, ArtRadio shall not be liable to you for:

      1. any indirect or consequential losses which may be incurred by you, including, without limitation, loss of profits, loss of goodwill or reputation, loss of opportunity or loss of data suffered by you;

      2. any loss or damage which may be incurred by you as a result of:

        1. any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser whose advertising appears on the site;

        2. the changes which ArtRadio may make to the site or Service, or for any permanent or temporary cessation in the provision of the site;

        3. the deletion of, corruption of, or failure to store [content/art] and other data maintained or transmitted by or through your use of the site;

        4. your failure to provide ArtRadio with true and accurate account information;

        5. your failure to keep your password or account details secure and confidential.

    3. Subject to paragraph 10.1, and without prejudice to paragraph 10.2, ArtRadio’s total liability to you arising out of or in connection with the Service or your access to the site (whether that claim arises in contract, tort or otherwise) shall be limited to £100 for any claim or series of related claims.

    4. If you have an ArtRadio Account, you will be able to send messages to the private inbox of any Transmitter. In proving this service to you, to agree that:

      1. all messages sent must comply with the ArtRadio Guidelines;

      2. ArtRadio makes no guarantees that a Transmitter will respond to your message, this being something that is at the Transmitter’s complete discretion;

      3. to the extent that you are making enquiries as to whether a particular piece of Art (or copy) is available for sale, you make any subsequent purchase at your own risk and ArtRadio has no responsibility or liability in connection with such purchase.

    5. ArtRadio strongly advises that you do not use the messaging facility to submit any bank or payment card information to anyone else. If you do disclose any bank or payment card information you do so at your own risk and ArtRadio accepts no liability for any loss which may be suffered by you or any third party as a result of any such disclosure.

  11. Indemnity and liability relating to groups

    1. You agree to indemnify ArtRadio and keep ArtRadio indemnified from and against all costs, (including legal fees), claims, demands, liabilities, expenses, damages and losses arising out of or in connection with:

      1. your failure to comply with these Terms, including without limitation, your submission of content, information or Art that violates any third party rights (including, without limitation, intellectual property rights) or applicable laws; and

      2. any content you submit to the site.

    2. To the extent that you are a Group, all Artists within the Group shall be jointly and severally liable for their respective obligations and liabilities arising under these Terms, including the indemnity at Clause 11.1.

  12. Uploading material to our site

    1. Whenever you make use of a feature that allows you to upload material to the site, or to make contact with other users of the site, you must comply with the content standards set out in ArtRadio’s Guidelines. You warrant that any such contribution does comply with those standards.

    2. ArtRadio will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the site.

    3. ArtRadio has the right to remove any material or posting you make on the site if, in our opinion, such material does not comply with these Terms and/or the ArtRadio Guidelines.

  13. Viruses, Hacking and other offences

    1. You must not misuse the site by knowingly introducing viruses, trojans, worms, logic bombs, malware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the site, the server on which the site is stored or any server, computer or database connected to the site. You must not attack the site via a denial-of-service attack or a distributed denial-of service attack.

    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. ArtRadio will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the site will cease immediately.

    3. ArtRadio will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site or to your downloading of any material posted on it, or on any website linked to it.

  14. Termination

    1. ArtRadio will determine, in its discretion, whether there has been a breach of these Terms. When a breach of these Terms has occurred, ArtRadio may take such action as it deems appropriate and may result in ArtRadio taking all or any of the following actions:

      1. Immediate, temporary or permanent withdrawal of your right to use the site;

      2. Immediate, temporary or permanent removal of any posting or material uploaded by you to the site;

      3. Issue of a warning to you;

      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

      5. Further legal action against you; and/or

      6. Disclosure of such information to law enforcement authorities as ArtRadio reasonably feels is necessary.

    2. ArtRadio excludes liability for actions taken in response to breaches of these Terms. The responses described in Clause 14.1 are not limited, and ArtRadio may take any other actions it reasonably deems appropriate.

    3. ArtRadio may also terminate or suspend access to the site to all users at any time but shall use its reasonable endeavours to give users as much notice as possible.

  15. Linking to our site

    1. You may link to the home page of the site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

    2. You must not establish a link from any website that is not owned by you.

    3. The site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. ArtRadio reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the ArtRadio Guidelines.

  16. Links from our site

    1. Where the site or an Artist’s profile contains links to other sites and resources provided by Artists or third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  17. Jurisdiction and applicable law

    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the site or the Service (although ArtRadio retains the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country).

    2. These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law.

  18. Variations

    1. ArtRadio may revise these terms of use at any time [by amending this page]. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site.

  19. ArtRadio notice clauses

    1. Except as otherwise provided in these Terms, all notices and other communications to you under these Terms shall be in writing or displayed electronically on the site.

    2. Such notices to you shall be deemed to have been properly given:

      1. on the date posted, if posted;

      2. on the date first made available, as displayed on the site; or

      3. on the date received, if delivered in any other manner.

    3. Notices to ArtRadio should be sent to the address provided in the "contact section" of the site.

  20. Your concerns regarding content/material on the site

    1. These Terms require that any information posted on the site is accurate and is not obscene, defamatory or in violation of any laws. ArtRadio does not monitor the information posted on the site but we do provide a process for submission of complaints concerning content posted by Account Holders. If you have such a complaint and it relates to an infringement of intellectual property rights, please click here. If your complaint relates to anything other than this, please click here.

  21. Additional Artist Terms

    1. Once you have an Art Lover Account, you can upgrade to an Artist Account which means that, subject to Clause 21.3, ArtRadio becomes (as appropriate) your record label/primary publisher/primary distributor and a significant promoter of you (through the site). An Artist Account will allow you to:

      1. Receive all of the features of the Art Lover Account;

      2. Upload artwork files which can be edited and watermarked;

      3. Create and edit/delete galleries;

      4. Create and edit/delete "experiences";

      5. Sell artwork files via direct download;

      6. Change the privacy settings of your artwork files.

      7. Create and or join a Group. For more information on creating a Group please click here.

    2. All of the terms and conditions set out in these Terms apply equally to Artists. In particular (but without limitation) before you (as an Artist) upload any Art, you must ensure that you read and understand the rights that you will be granting ArtRadio and other users of the site as set out in Clauses 5.3 and 6. You will not be able to upload your Art until you agree to the granting of these rights (by accepting these Terms in full).

    3. If you, as an Artist, have a pre-existing record/publishing/promotional/distribution deal with another party (Pre-Existing Label), (you being a "Signed Artist") then we are happy for you to still apply for an ArtRadio Account, but you warrant that you will not be in breach of your agreements with your Pre-Existing Label, that you are able to be promoted via the site and able to upload your Art.

    4. An Artist will be able to set up one or more Groups and you must comply with all the Terms (in the same way as if you were an individual Artist), including (without limitation) the Additional Group Terms.

    5. As an Artist, you can elect to push your Art/content to other social media sites. This functionality is provided for your benefit, to enable you to reach a wider audience, and ArtRadio accepts no responsibility for any loss or damage that may arise from your use of this function. You should refer to the terms set out on the relevant social media site as these will be the terms which govern your use of those sites.

    6. As an Artist, you may be contacted directly (via your inbox) by any Art Lover. If you decide to sell your Art (or any copy) you do so at your own risk and without any liability to ArtRadio; any such sale is a contract between you and the relevant Art Lover. ArtRadio strongly advises that you do not request payment or card details via the ArtRadio messaging service.

    7. Whilst there is no membership fee on signing up to an Artist Account, ArtRadio reserves the right to charge membership fees in the future and will give Artists at least 30 days’ notice in writing of any change to its Terms relating to the charging of membership fees.

  22. Additional Group Terms

    1. The site allows Artists to establish Group(s) within their profile to facilitate the production and promotion of Art created by members of a Group. For the avoidance of doubt these Additional Group Terms apply in addition to all of the other terms and conditions within these Terms.

    2. Group Profiles allow Art or content created by two or more Artists to be shared and viewed by the ArtRadio Community.

    3. You should note that any Group created will only be visible to the ArtRadio Community and users once every single member of the Group has accepted the Terms.

    4. As Artists and members of the Group, you warrant that:

      1. the Artists who have joined the Group are the only Artists who created the Group Art;

      2. any and all Art which you upload on behalf of the Group ("Group Art") belongs to and is original works of the Group;

      3. you have the rights and permission of all other members of the Group to upload any and all Group Art;

      4. you (as each Artist of the Group), agree to the granting of the rights relating to the Art as set out in Clauses 5.3 and 6;

    5. Artists forming part of a Group are responsible for dealing with all issues relating to the Group between themselves; ArtRadio will not get involved in any such disputes. ArtRadio may, in its absolute discretion, deactivate any Group profile and/or suspend or terminate any Artist Account where it considers that any Artist (and/or the Group) has breached these Terms.

      1. For the avoidance of doubt, you, as a Group, shall indemnify ArtRadio in accordance with Clause 11.1 of the Terms and shall, as a Group, be jointly and severally liable for your respective obligations arising under these Terms, including the indemnity at Clause 11.2 of the Terms.