Terms and Conditions of the Use
of Artform Platform

Welcome to the Artform Platform website. Whether you are an advertiser or another user of this website, access to or use of this website www.artformplatform.com and the provision of our advertising services on the website are subject to you accepting the Agreement (defined below).

  1. Definitions.

    These defined terms will have the following meanings:

    • Artform Platform means the company Artform Platform Ltd.
    • Content/Your Content means the submissions, uploads and posts of audio, text, photographs, pictures, graphics, comments, and other content, data or information put on our Website Registered Users and Uploaders.
    • Data/Personal Data/Personal Sensitive Data has the meaning given in national laws of EU Member State implementing the European Data Protection Directive 95/46/EC, as may be updated, amended and/or replaced from time-to-time.
    • Registered Users/Uploader means any person who has uploaded content onto the Website via an Artform Platform profile, be it their own or one belonging to another.
    • Terms means the Artform Platform Terms of Service.
    • Third Party Services means databases, networks, websites, servers, information, software, programs, systems, directories, applications, products or services, not operated by Artform Platform but may contain information to Artform Platform Content.
    • Website means all of the content contained on www.artformplatform.com including but not limited to individual user profiles.
  2. The Agreement and Components of Terms of Service

    Your use of the Website and the services provided to you on or from or through the Website, is subject to the terms of a legal agreement between you and Artform Platform.

    1. Components of the Agreement.

      The Agreement is comprised of the following:

      • Terms of Service;
      • Community Guidelines;
      • Privacy Policy;
    2. Condtition of Use.

      Before you access or use the Website, please read the documents comprising the Agreement carefully and make sure you understand them. If you disagree with any aspect of the Agreement, you do not have our permission to, and you must not, access or use Artform Platform.

    3. Precedence.

      If there is any contradiction between these Terms of Service and other documents comprising the Agreement in connection with the Artform Platform, then these Terms of Service will take precedence.

    4. Components of the Terms of Service:
      • Acceptance of Terms of Use Basically, by using Artform Platform you accept our Terms of Use, Privacy Policy, and Community Guidelines and agree to abide by them.
      • Changes to Terms of Use This section explains that our Terms of Use may change from time to time.
      • Description of the Artform Platform page This provides a general description of the Artform Platform website its features and functionality.
      • Your Artform Platform Account This section explains your responsibilities should you choose to register for an Artform Platform account.
      • Your Use of the Website This section sets out your right to use the Artform Platform website, and the conditions that apply to your use of the Platform.
      • Your Content This section deals with ownership of your content, and includes your agreement not to upload anything that infringes on anyone else’s rights.
      • Grant of License This section explains how your content will be used on Artform Platform and the permissions that you grant by uploading your content - for example, the right for other users to listen to your sounds.
      • Representations and Warranties This section includes important promises and guarantees that you give when uploading content to Artform Platform. In particular, your promise that everything you upload and share is owned by you and won’t infringe anyone else’s rights.
      • Liability for Content This section explains that Artform Platform is a hosting service and that its users are solely liable for material that they upload to Artform Platform.
      • Reporting Infringements This section explains how to notify us of any content on Artform Platform that you believe infringes your copyright or any other intellectual property right, or that is unlawful, abusive, defamatory or otherwise contrary to our Terms of Use or Community Guidelines. You can find further information on reporting copyright infringement on our Copyright Information pages.
      • Third Party Websites and Services Through Artform Platform you may have access to other websites and services. This section explains that these are separate third party services that are not under the control of SoundCloud.
      • Blocking and Removal of Content This section makes it clear that Artform Platform may block or remove content from the website.
      • Repeat Infringers Users who repeatedly infringe third party rights or breach our Terms of Use or Community Guidelines risk having their accounts suspended or terminated, as explained in this section.
      • Disclaimer This section explains that Artform Platform cannot give any guarantees that certain features of the Website will always be available. Sometimes even a Website as awesome as ours will have a few problems.
      • Limitation of Liability This section explains some of those things that Artform Platform will not be liable for. Please make sure you read and understand this section.
      • Indemnification If you use the Artform Platform in a way that results in damage to us, you will need to take responsibility for that.
      • Data Protection, Privacy and Cookies It is really important to us that you understand how we use your personal information. All information is collected, stored and used in accordance with our Privacy Policy, so please make sure that you read and understand that policy. Like most other websites, we also use cookies to help us analyze how people use Artform Platform, so that we can keep improving our service. Please note: if you choose not to disable cookies within your browser, you will be indicating your consent to our use of cookies as described in our Cookies Policy, so please make sure that you read the policy carefully.
      • Meetups This section deals with Artform Platform meetups which may be organised by members of the community and explains that these are not “official’ Artform Platform events, so we cannot be responsible for anything that happens at meetups.
      • Competitions and Other Promotions This section deals with competitions, contests and sweepstakes on Artform Platform. If you want to run your own competition on Artform Platform, make sure you read and understand our Competition Terms.
      • Use of Players on Artform Platform This section includes a few restrictions on how you can use our players and widgets – basically, don’t try to use our players to create a new music or audio streaming service.
      • Artform Platform Premium This section links you to information explaining how to purchase premium account subscriptions and how you can cancel your purchases in certain circumstances.
      • Changes to the Platform, Accounts and Pricing From time to time, we may need to make some changes to Artform Platform. This section explains your rights in this situation.
      • Termination This section explains how you can terminate your Artform Platform account, and the grounds on which we can terminate your use of Artform Platform.
      • Assignment to Third Parties This section deals with Artform Platform’s right to transfer this agreement to someone else.
      • Severability This is a standard legal provision, which says that any term that is not valid will be removed from the agreement without affecting the validity of the rest of the agreement.
      • Entire Agreement Your use of Artform Platform is governed by these Terms of Use, our Privacy Policy, Cookies Policy and Community Guidelines. Any changes need to be made in writing.
      • Third Party Rights These Terms of Use apply to the relationship between you and Artform Platform only.
      • Applicable Law and Jurisdiction All of our documents are generally governed by Irish law.
      • Disclosures This section provides information about Artform Platform, including how to contact us.
  3. Acceptance of Terms of Use

    1. Please read these Terms of Use, Privacy Policy, Cookies Policy and Community Guidelines, very carefully. If you do not agree to any of the provisions set out in those documents, you should not sue the Website or any of the services connected with Artform Platform.
    2. By assessing or using Artform Platform, registering an account, or by viewing, accessing, streamingm, uploading or downloading any information or content from or to the Platform, you represent and warrant that:
      1. You have read and understood the Terms of Use, Pricacy Policy, and Community Guidelines, and will abide by them
      2. You are either 18 years of age or more, or the age of majority in your jurisdiction, or
      3. If you are under 18 years of age or the age of majority in your juristiction, you are 13 years of age or more and have your parent(s)' or legal guardian(s)' permission to use Artform Platform.
  4. Changes to Terms or Use

    1. We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time.
    2. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.
    3. When we make any updates to these Terms of Use, we will highlight this fact on the Website. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your Artform Platform user account and/or an email to the email address that you have provided to us, and the revised Terms of Use will become effective six (6) weeks after such notification.
    4. You will have no obligation to continue using Artform Platform following any such notification outlined in 4.3 but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of the Platform after the end of that six (6) week period will constitute your acceptance of the revised Terms of Use.
    5. If you do not agree to any changes to the Agreement, you must terminate the Agreement.
  5. Description of the Artform Platform

    1. Artform Platform is a hosting service
    2. Content which will be stored by Artform Platform at the direction of such registered users, and may be shared and distributed by such registered users, and other users of Artform Platform, using the tools and features provided as part of the Artform Platform and accessible via the Website.
    3. Artform Platform also enables registered users to interact with one another and to contribute and enables any user of the Website or Artform Platform Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded.
    4. We may, from time to time, release new tools and resources on the Website, or introduce other services and/or features for Artform Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.
  6. Your Artform Platform Account

    1. You are not obliged to register to use Artform Platform. However, in order access to certain services may only made available to registered users you may wish to create an account.
    2. When you register to use Artform Platform, you will provide us with your email address, and will choose a username and password for your account. It is important that you must keep your Artform Platform account password secure and confidential
    3. The obligation is on the user to ensure that the email address that you provide is, and remains, valid and also to ensure that you provide accurate and complete information.
    4. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.
    5. You are solely responsible for maintaining the confidentiality and security of your username and password.
    6. You will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.
    7. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Artform Platform in writing or by email provided on the Website, and should change your password at the earliest possible opportunity.
    8. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use or our Community Guidelines, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.
    9. You may terminate your account at any time as described in the Termination section below.
  7. Your Use of Artform Platform- Permissions, and Prohibitions

    1. Subject to your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Website and connected Services, Artform Platform grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Website in order to view Content uploaded and posted to the Website, to listen to and view the audio-visual Content streamed from the Website or offline and to share and download audio Content using the features of the Website where the appropriate functionality has been enabled by the Uploader, and subject to the territorial availability of that feature and audio Content.
    2. In addition to 7.1, if you register to use Artform Platform, and subject to your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of the Website, Artform Platform grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to:
      1. submit, upload or post Content to and keep such Content available on the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
      2. participate in the community areas and communicate with other members of the Artform Platform community strictly in accordance with these Terms of Use and our Community Guidelines; and
      3. use any other services provided as part of Artform Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those services from time to time.
    3. The above licenses are conditional upon your strict compliance with these Terms of Use and our Community Guidelines at any and all times during your use of Artform Platform, including, without limitation, the following:
      1. You must not copy, rip or capture, or attempt to copy, rip or capture, any Content from the Platform or any part of the Platform, other than by means of downloading or storing for offline viewing/listening in circumstances where the relevant Uploader has elected to permit downloads for offline listening of the relevant item of Content and the ability to download such content is enabled by Artform Platform.
      2. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from Artform Platform at any and all times, except:
        1. where such content is Your Content at any and all times during your use of the applicable Content, or
        2. as permitted under these Terms of Use, and within the parameters set by the Uploader.
      3. You must not use any content other than Your Content in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
      4. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
      5. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of Your Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion.
      6. You must not offer or promote the availability of any such techniques or services to any other users of Artform Platform.
      7. You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any Content appearing on the Website (other than Your Content).
      8. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any other Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to content other than Your Content.
      9. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, continue to make available or otherwise communicate to the public:
        • any Content that is abusive, libellous, defamatory, pornographic or obscene, that promotes or incites violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation, or is otherwise objectionable in Artform Platform’s reasonable discretion;
        • any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
        • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in Artform Platform’s reasonable opinion;
        • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or might overburden, impair or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user's use and enjoyment of the Website; or
        • any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
      10. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
      11. You must not rent, sell or lease access to the Website, or any Content on the Platform, although this shall not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.
      12. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
      13. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any Artform Platform employee.
      14. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
      15. You must not sell or transfer, or offer to sell or transfer, any Artform Platform account to any third party without the prior written approval of Artform Platform.
      16. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
      17. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by Artform Platform or any Uploader. This includes:
        • Accessing or attempt to access data or materials which are not intended for your use;
        • Logging into, or attempt to log into, a server or account which you are not authorized to access;
        • Attempting to scan or test the vulnerability of Artform Platform servers, system or network or attempt to breach Artform Platform’s data security or authentication procedures;
        • Attempting to interfere with the Website or the services by any means including, without limitation, hacking Artform Platform’s servers or systems, submitting a virus, overloading, mail-bombing or crashing.
    4. Without limitation to any other rights or remedies under these Terms of Use, Artform Platform reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
    5. You agree to comply with the above conditions at any and all times during your use of the Website, and acknowledge and agree that Artform Platform has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.
  8. Your Content

    1. Any Content is generated, owned and controlled solely by you, and not by Artform Platform.
    2. Artform Platform does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
    3. Without prejudice to the conditions set forth in “Your Use of the Platform” you must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any Content to which you do not hold the necessary rights.
    4. Any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Website), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited.
    5. Any of the infringements mentioned in 8.4 may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
    6. We may, from time to time, invite or provide you with means to provide feedback regarding the Website, and in such circumstances, any feedback you provide will be deemed non-confidential and Artform Platform shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
  9. Grant of License

    1. By uploading or posting Your Content to the Website, you initiate an automated process to transcode any audio Content and direct Artform Platform to store Your Content on our servers, from where you may control and authorize the use, ways of reproduction, transmission, distribution, public display, public performance, making available (including whether users will be permitted to listen to your Content offline) and other communication to the public of Your Content on the Website and elsewhere using the services.
    2. To the extent it is necessary in order for Artform Platform to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use, including the distribution of advertising or other promotional material on our Website and/or to enable your use of the Artform Platform, you hereby grant such licenses to Artform Platform on a limited, worldwide, non-exclusive, royalty-free and fully paid basis.
    3. By uploading Your Content to the Artform Platform, you also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Platform, and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Website, to use, copy, listen to offline, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public, Your Content utilizing the features of the Platform from time to time, and within the parameters set by you using the Services.
    4. Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Website with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content, other than the right to reproduce, publicly display, make available and otherwise communicate to the public those, automatically and without alteration, as part of the act of reposting.
    5. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Website. Licenses with respect to Content within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account.
    6. Licenses with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.
    7. Removal of Content from your account will automatically result in the deletion of the relevant files from Artform Platform’s systems and servers. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed from Artform Platform or any Third Party Service, is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any other place which may have shared your material, or any Third Party Service, or to require that any user of the Website or any Third Party Service deletes any item of Your Content.
    8. If you authorize any of Your Content to be available for offline listening, after deletion of an item of Your Content or removal from the ability for other users to listen to the applicable Content offline, the applicable Content may still be temporarily available to other users of the Website who saved the applicable Content for offline listening on their devices, but no longer than 30 days from the time of deletion.
    9. Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, re-published, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Website from time to time and within the parameters set by the Uploader on the Website or with the express written consent of the Uploader.
    10. Where you repost another user’s Content, or include another user’s Content in a playlist or station or where you listen to another user’s Content offline, you acquire no ownership rights whatsoever in that Content.
    11. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
  10. Representations and Warranties

    1. You hereby represent and warrant to Artform Platform as follows:
      1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use at any and all times during any applicable use and
      2. Authorize Artform Platform to use, if applicable, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available (including for listening offline) and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Website, any and all third party services which may carry the Content.
      3. Your Content and the availability thereof on the Website does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.
      4. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Platform and via any Third Party Services.
      5. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, and will not promote or incite violence, terrorism, illegal acts, or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation.
      6. Your Content does not and will not create any liability on the part of Artform Platform, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders. Artform Platform reserves the right to remove Your Content, suspend or terminate your access to your profile on the Website and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
  11. Liability for Content

    1. You hereby acknowledge and agree that Artform Platform:
      1. stores Content and other information at the direction, request and with the authorization of its users,
      2. acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and
      3. plays no active role and gives no assistance in the presentation or use of the Content.
      4. you are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform,
      5. excludes, to the extent permissible by law, all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
    2. You hereby acknowledge and agree that Artform Platform cannot and does not review the Content created or uploaded by its users, and neither Artform Platform nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Website for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.
    3. Artform Platform Ltd and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of Artform Platform.
    4. By using Artform Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Artform Platform or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.
  12. Reporting Copyright Infringements

    1. If you discover any Content on the Website that you believe infringes your copyright, please report this to us using our email address which will be published on our website.
    2. If you would prefer to send us your own written notification, please make sure that you include the following information:
      1. a statement that you have identified Content on Artform Platform that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
      2. a description of the copyright work(s) that you claim have been infringed;
      3. a description of the Content that you claim is infringing and the Artform Platform URL(s) where such Content can be located;
      4. your full name, address and telephone number, a valid email address on which you can be contacted, and your Artform Platform user name if you have one;
      5. a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  13. Reporting Violations of Trademark Rights

    1. The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us via the Artform Platform email which is located on our Website.
  14. Reporting Breaches in all Other Cases:

    1. In all other cases, if you discover Content that infringes or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, abuse, spam or otherwise violates these Terms of Use, our Community Guidelines or applicable law, please report this to us via the Artform Platform email which is located on our Website.
  15. Third Party Websites and Services

    1. The Platform may provide you with access to Third Party Services, without limitation. Artform Platform does not have or maintain any control over these Third Party Services, and is not and cannot be responsible for their content, operation or use.
    2. By linking or otherwise providing access to any Third Party Services, Artform Platform does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such Third Party Services.
    3. External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by Artform Platform with respect to the Website. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these Third Party Services, which you use at your own risk.
    4. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any Third Party Services.
    5. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services.
    6. Artform Platform disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against Artform Platform with respect to the content or operation of any External Services.
  16. External Services

    1. You are solely responsible for taking the precautions necessary to protect yourself from fraud when using Third Party Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any Third Party Services.
    2. Artform Platform disclaims any and all responsibility or liability for any harm resulting from your use of Third Party Services, and you hereby irrevocably waive any claim against Artform Platform with respect to the content or operation of any Third Party Services.
  17. Blocking and Removal of Content

    1. Notwithstanding the fact that Artform Platform has no legal obligation to monitor the Content on the Website, it reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to it.
    2. Please also note that individual Uploaders have control over the Content that they store in their account from time to time, and may remove any or all audio Content or other Content without notice.
    3. You have no right of continued access to any particular item of Content and Artform Platform shall have no liability in the event that you are unable to access an item of Content due to its removal from the Website, whether by Artform Platform or the relevant Uploader.
  18. Repeat Infringers

    1. Artform Platform will suspend or terminate your access to the Platform if it determines, in its reasonable discretion, that you have repeatedly breached these Terms of Use or our Community Guidelines.
    2. If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior violates our Community Guidelines, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Website terminated forthwith.
    3. We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by Artform Platform at its absolute discretion.
    4. Please note we do not offer refunds to subscription account holders whose accounts are terminated as a result of repeated infringement or any violation of these Terms of Use or our Community Guidelines.
  19. Disclaimer

    1. ARTFORM PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH THE WEBSITE, THE APPS, ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”.
    2. WHILST ARTFORM PLATFORM USES REASONABLE ENDEAVORS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO ARTFORM PLATFORM’S ATTENTION, IT MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. ARTFORM PLATFORM DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE WEBSITE OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
    3. ARTFORM PLATFORM DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE WEBSITE WILL BE SECURE OR THAT ANY ELEMENTS OF THE WEBSITE DESIGNED TO PREVENT UNAUTHORIZED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LAWFUL IN ANY PARTICULAR JURISDICTION.
    4. ARTFORM PLATFORM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
    5. WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
  20. Limitation of Liability

    1. IN NO EVENT SHALL ARTFORM PLATFORM AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF 100 EURO OR THE AMOUNTS (IF ANY) PAID BY YOU TO ARTFORM PLATFORM DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
    2. ARTFORM PLATFORM AND ITS AGENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
      1. ANY LOSS OR DAMAGE ARISING FROM:
        1. YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE WEBSITE;
        2. ANY CHANGES THAT ARTFORM PLATFORM MAY MAKE TO THE WEBSITE OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE WEBSITE OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
        3. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE WEBSITE, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY SOUNDCLOUD OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
        4. ANY ERRORS OR OMISSIONS IN THE PLATFORM’S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
        5. YOUR FAILURE TO PROVIDE ARTFORM PLATFORM WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR USERNAME OR PASSWORD SUITABLY CONFIDENTIAL;
        6. ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE WEBSITE, ESPECIALLY IN BREACH OF THE AGREEMENT;
      2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
      3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF ARTFORM PLATFORM BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND ARTFORM PLATFORM AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.
      4. ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO ARTFORM PLATFORM AS SOON AS POSSIBLE.
    3. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND SOUNDCLOUD AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND SOUNDCLOUD, AND THAT SOUNDCLOUD’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    4. NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF SOUNDCLOUD, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS:
      1. FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE,
      2. FOR ANY FORM OF FRAUD OR DECEIT,
      3. FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR
      4. FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
  21. Indemnification

    1. You hereby agree to indemnify, defend and hold harmless Artform Platform, its successors, assigns, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable legal fees, resulting from:
      1. any violation by you of these Terms of Use or our Community Guidelines;
      2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Website, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Website or Third Party Services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content
      3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of Artform Platform
      4. all claims, actions or demands, liabilities and settlements, including without limitation, reasonable legal and accounting fees resulting from, or alleged to result from, your access to or use of the Website, the Content or the Artform Platform service in a manner that breaches or is alleged to breach the Agreement, or the infringement by you, or any third party using your user identification name or password, of any intellectual property or other right of any person or entity.
  22. Data Protection, Privacy and Cookies

    1. All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by Artform Platform in accordance with our Privacy Policy.
    2. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer.
    3. By accepting these Terms of Use and using the Platform, you also accept the terms of the Privacy Policy.
  23. Meetups

    1. Artform Platform is designed to have an active community of users, many of whom may organize and attend face-to-face meetings at various venues. (herein ‘Meetups’).
    2. While Artform Platform is generally supportive of Meetups and may provide branded promotional materials to help organizers promote their Meetups, Artform Platform does not sponsor, oversee or in any way control such Meetups.
    3. You hereby acknowledge and agree that your attendance and participation in any Meetups is entirely at your own risk and Artform Platform does not bear any responsibility or liability for the actions of any Artform Platform users or any third parties who organize, attend or are otherwise involved in any Meetups.
  24. Competitions and Other Promotions

    1. From time to time, Artform Platform may promote or run competitions, promotions, prize draws and other similar opportunities on the Website.
    2. The terms and conditions of each competition will be covered by separate rules as Artform Platform deem fit. You must adhere to these to be deemed eligible to deem any prize.
    3. If you wish to run your own competition on the Website (herein ‘Third Party Competitions’), you are free to do so provided you comply with Community Guidelines. Artform Platform is not the sponsor or promoter of these Third Party Competitions, and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any promotion of these Third Party Competitions.
    4. If you wish to participate in any of these Third Party Competitions, it is your responsibility to read the terms and conditions applicable to the relevant Third Party Competitions and to ensure that you understand the rules and any eligibility requirements, and are lawfully able to participate in such Third Party Competitions in your country of residence.
  25. Use of Artform Platform Players and Widget

    1. The Website includes audio-visual players for incorporation on a Registered Users individual profile page. This functionality is provided to enable Uploaders to put their Content wherever they wish, and to enable other users of the Platform to share and distribute Content within the parameters set by the Uploader and Artform Platform.
    2. You may not, without the prior written consent of Artform Platform, use the player in such a way that you aggregate Content from the Website into a separate destination that replicates substantially the offering of the Website, or comprises a content service of which Content from the Platform forms a material part.
    3. Similarly, you may not, without the prior written consent of Artform Platform, use the player into any website or other destination dedicated to a particular artist (except where the relevant Content is Your Content and you are the person or are authorized to represent the person to whom the site or destination is dedicated), or to a particular genre.
    4. You may not use the players in any way that suggests that Artform Platform or any artist, audio creator or other third party endorses or supports your website, or your use of the player. The foregoing shall apply whether such use is commercial or non-commercial.
    5. Artform Platform reserves the right to block your use of the Players and the Widget at any time and for any reason in its sole discretion.
  26. Artform Platform Premium

    1. Certain features of the Website are only available to registered users who subscribe to Artform Platform Premium. The main purpose of Artform Platform Premium accounts is to allow subscribers to increase the amount of content they upload.
    2. Users can apply from Artform Premium Accounts by following the directions contained on the Website and which can eb updated from time to time.
    3. Artform Platform Premium Accounts are governed by the general terms of use and Community Guidelines and privacy rules as standard Artform Platform Accounts.
    4. Artform Platform Premium Account holders have the right to cancel any subscription within 14 days of purchase and will be entitled to a full refund within this period.
    5. If you have an Artform Platform Premium Account subscription, and terminate this agreement before the end of such subscription, we are unable to offer any refund for any unexpired period of your subscription 14 days after your purchase.
  27. Changes to the Platform, Accounts and Pricing

    1. Artform Platform reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only.
    2. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Artform Platform shall use its reasonable endeavours to notify registered users of such decision in advance.
    3. You hereby agree that Artform Platform and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, or any services Artform Platform may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
    4. Artform Platform may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its Subscriptions from time to time.
    5. In the event of any increase in the price or material reduction in the features of any Subscription which you have purchased, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription.
    6. In all cases not provided for in 28.5, where Artform Platform proposes to make changes to any type of Subscription you have purchased, and these changes are material and to your disadvantage, Artform Platform will notify you of the proposed changes by sending a message to your Artform Platform account and/or an email to the then current email address that we have for your account, at least six (6) weeks in advance.
    7. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your Subscription.
  28. Termination:

    1. You may terminate this Agreement at any time by sending notice in writing or by e-mail to Artform Platform confirming such termination, by removing all of Your Content from your account, or by deleting your account and thereafter by ceasing to use the Website.
    2. Artform Platform may suspend your access to the Platform and/or terminate this Agreement at any time if:
      1. you are deemed to be a ‘Repeat Infringer’ as described above;
      2. you are in breach of any of the material provision of these Terms of Use or our ‘Community Guidelines’;
      3. Artform Platform elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or
      4. in other reasonable circumstances as determined by Artform Platform at its discretion.
    3. If you have your account suspended or terminated by Artform Platform pursuant to (i) or (ii) at 29.2, you will not be entitled to any refund for any unexpired period of your subscription.
    4. If your account is terminated pursuant to (iii) or (iv) at 29.2, refunds may be payable at the reasonable discretion of Artform Platform.
    5. Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your sounds), will be irretrievably deleted by Artform Platform, except to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations and/or to protect our legitimate business interests.
    6. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as Artform Platform assumes no liability for any material that is irretrievably deleted following any termination of your account.
    7. Artform Platform is not able to provide you with any data file relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
    8. If you wish to delete your account, you will need to do so within your individual account settings on the Website.
    9. The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement
  29. Assignment to Third Parties

    1. Artform Platform may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of Artform Platform.
    2. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of Artform Platform.
  30. Severability

    1. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.
  31. Entire Agreement

    1. These Terms of Use, together with the Community Guidelines and Privacy Policy, constitute the entire agreement between you and Artform Platform with respect to your use of the Website and supersede any prior agreement between you and Artform Platform.
    2. Any modifications to this Agreement must be made in writing.
  32. Third Party Rights

    1. These Terms of Use are not intended to give rights to anyone except you and Artform Platform.
    2. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.
  33. Applicable Law and Jurisdiction

    1. Except where otherwise required by the mandatory law of the United States or any member state of the European Union:
      1. this Agreement is subject to the laws of the Ireland,
      2. you hereby agree, and Artform Platform agrees, to submit to the exclusive jurisdiction of the courts in Ireland for resolution of any dispute, action or proceeding arising in connection with this Agreement.
    2. The foregoing provisions of this section do not apply to any claim in which Artform Platform seeks equitable relief of any kind.
    3. You acknowledge that, in the event of a breach of this Agreement by Artform Platform or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Artform Platform, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.
  34. Commercial Advertising

    1. Businesses and persons acting in the course of trade are welcome to place advertisements on the Website.
    2. Businesses and persons acting in the course of trade must contact the Artform Platform team before placing such advertising on Artform Platform.
    3. Advertisements published by businesses or persons acting in the course of trade must comply with applicable laws and it is those persons’ responsibility to do so.
    4. You will need to adhere to applicable consumer protection laws.
    5. We will hold you responsible for any failure to comply with laws that apply to you or your content.
    6. Please note that while Artform Platform is an Irish based company, we cannot prevent you being contacted from other consumers or other third parties nor can we prevent your advertisement being displayed in other jurisdictions outside of Europe.

Terms and Conditions of $1,000 Competition Rules

  1. Eligibility:
    This competition (the “Campaign”) is only open to those who have a validly registered Artform Platform Account as defined in the General Terms and Conditions which can be found on the Artform Platform Website. In addition the Campaign is subject to the General Terms and Conditions contained on the Artform Platform website.

  2. Agreement to Rules:
    By participating in the Campaign, you agree to be fully and unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements. In addition, you agree to accept the decision(s) of Artform Platform Limited as final and binding as it relates to the content of this Campaign.

  3. The Campaign:
    Entries to the Campaign will commence from not before 21.00 GMT 28th November 2016 and will end upon the Winner of the Campaign (“the Winner”) reaching 5,000 stars for their individual piece of work using the five star voter system on the Artform Platform website. You must have a validly registered Artform Platform Account, as defined in the General Terms and Conditions in order to vote on an individual piece of work.
    You or other Users with validly registered Artform Platform Accounts may not enter more than one vote for on any piece(s) of work by using multiple email addresses, identities, fake profiles or devices in an attempt to circumvent the rules. You are also prohibited from using any tools or voting enhancing technologies is strictly prohibited. For the avoidance of doubt multiple entries of votes from the same user from different IP addresses; or the use of bots, macros, scripts, or other technical means for voting may be deemed ineligible by Artform Platform Limited.

    Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Campaign may be a violation of criminal and civil laws. Should such attempt be made, Artform Platform Limited reserves the right to seek damages to the fullest extent permitted by law. Further, if you use any fraudulent methods or otherwise attempt to circumvent the rules of the Campaign or of the General Terms and Conditions, your submission may be removed from eligibility at the sole discretion of Artform Platform Limited and you may have your profile(s) removed.

    By participating in this Campaign, you represent and warrant that your entry/entries is/are an original work of authorship, and does not violate any third party’s proprietary or intellectual property rights. If the content of your entry/entries is claimed to constitute infringement of any proprietary or intellectual proprietary rights of any third party, you shall, at your sole expense, defend or settle against such claims. You shall indemnify, defend, and hold harmless Artform Platform Limited from and against any suit, proceeding, claims, liability, loss, damage, costs or expense, which Artform Platform may incur, suffer, or be required to pay arising out of such infringement or suspected infringement of any third party’s right.


  4. Prizes and Conditions of Acceptance:
    The Winner of the Campaign (the “Winner”) will receive $1,000. This will be payable to the Winner by any method chosen by Artform Platform Limited. The prize is non-transferable. Any and all prize-related expenses, including without limitation any and all federal, state, and/or local taxes, shall be the sole responsibility of Winner. Substitution of a prize or the transfer/assignment of prize to others is not permitted.
    Acceptance of prize constitutes permission to use Winner’s name, likeness, and entry for purposes of advertising and trade without further compensation, unless prohibited by law.

  5. Winner Selection and Notification:
    The Winner will be notified by email within five (5) days following Artform Platform’s confirmation of the individual’s work reaching 5,000 stars using the 5-star voting system on the Artform Platform website. Artform Platform shall have no liability for Winner’s failure to receive notices due to spam, junk e-mail or other security settings or for Winner’s provision of incorrect or otherwise non-functioning contact information. If the Winner cannot be contacted, is ineligible, fails to claim the prize within fourteen (14) days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as may be required by Artform Platform Limited, the prize may be forfeited and an alternate Winner selected.

  6. Limitation of Liability:
    By entering, You agree to release and hold harmless Artform Platform Limited and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers, and directors from any liability, illness, injury, death, loss, litigation, claim, or damage that may occur, directly or indirectly, whether caused by negligence or not, from: (i) such entrant’s participation in the Campaign and/or his/her acceptance, possession, use, or misuse of any prize or any portion thereof; (ii) technical failures of any kind, including but not limited to the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone, or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Promotion; (v) electronic or human error in the administration of the Promotion or the processing of entries.

  7. Disputes:
    As a condition of participating in this Campaign, the participant agrees that the decision by Artform Platform Limited is final.