Terms of Service
The following document outlines the terms of use of the Artnol website. Please also review our Privacy Policy.
Before using any Artnol services, you must read, understand and agree to these terms. The column on the right provides a short explanation of the terms and is not legally binding.
The web pages available at artnol.com and linked pages (Artnol or the “Site”) is accessed by you (“you” or the “Member”) under the Terms of Use described below (this “Agreement”).
Your agreement is with Artnol. In this Agreement, the terms “we” or “us” refer to Artnol.
Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services available on the site (as each is defined below) you are agreeing to be bound by these terms, governs our relationship with you in relation to the site. If you disagree with any part of the terms, please do not access the site.
Agreement
For good and valuable consideration, the receipt and sufficiency of which each party acknowledges, the parties hereby agree as follows:
tl;dr:
By using Artnol, you're agreeing to these terms.
0. Organization
a. Non-opinion
Artnol serves as an online library for artists to host and showcase their artwork without any bias or opinion. This website provides no guidance or limitation on your artwork and try to use a neutral tone in presenting content and information, avoiding emotional language or subjective statement.
We openly discloses our mission, values, and potential conflicts of interest. Personal experiences and opinions are generally excluded from building the website to maintain objectivity.
As a platform focused on showcasing artworks and serving artists as a community, this website refrains from promoting any specific political, social, or commercial agenda. However, artists using the website have their own rights to express their own opinions through their artwors and responsible for their own content and opinions.
b. Self-organized
Artnol believes that as a community-focused platform dedicated to serving professional artists, its future development and core principles should be driven by the will of the artists who have considerable experience in their respective fields. Currently, we welcome artists to suggest, report and participate in voting in the following three aspects:
1. the acceptance or rejection of applications from new artists who want to obtain professional membership;
2. whether appropriate action will be taken on the reported artworks, users, or comments;
3. the website's development and policy adjustments, such as adding new features, fixing bugs, improving the user interface, recommendation algorithm formula adjustment, attitude towards AI and NFT etc. Suggestions can be submitted through Discord, Twitter, and email. The priority for implementing these suggestions depends on the number of votes they received.
The final conclusion of this community is determined by the votes cast by professional artists. It's important to understand that implementing changes to a website is not always a quick and straightforward task. The time it takes to implement changes depends on complexity of the feature, technical challenges and user priorities. We want to emphasize that our commitment to professional artists' satisfaction is unwavering, and we strive to strike a balance between fulfilling artists' requests and maintaining the stability and integrity of the website. Rest assured, we are continuously working on improving the platform, and your patience and understanding are deeply appreciated.
If you use this website, it means you agree to respect the results voted by professional artists. Unless you have specific requests based on legal provision for the website to take action, please contact us via email: support@artnol.com.
c. Professional Only
Even though we wholeheartedly support all artists and delighted to witness the popularization of art creation, this website is exclusively for professional artists. By using this platform, you confirm that you have formal training or significant experience in your chosen artistic field and artworks you upload will be high quality and meet industry standards.
As professional artists, users are encouraged to provide a headline and summary showcasing background. List skills, proficient software and experience to prove professional abilities. Besides, users are required to interact with other users in a professional and respectful manner.
tl;dr:
Artnol is a non-opinion, self-organized, professional artists community.
1. AI policy
a. AI Content
Artnol has no bias or opinion about AI content. Based on the curent feedback from professional artists, users are not encouraged to upload content that has been generated using AI or any other automated methods(except Zremesher).
Our website is dedicated to fostering creativity and providing artists with a space to share their original artworks and creations. We believe in promoting authentic and genuine artistic expression. Content reported to be AI-generated will be voted by artists with Pro membership on Artnol. After the voting period ends, the artwork will be subject to appropriate action based on the voting results:
1. if the majority of votes support the report, the artwork will be removed;
2. if the majority of votes indicate that the artwork is original and complies with our terms, the artwork will remain on the website.
In case of any disputes related to the authenticity of content, the burden of proof lies with the content uploader to demonstrate that the work is their original creation and not generated using AI or similar automated methods.
AI content may also lead to reports of the uploader's account. Report result is the sole discretion of Artnol community and may cause suspension or termination of the user's account. Reported rapidly may cause permanent account termination and IP ban without prior warning.
If you come across any content that you suspect may violate this policy or not meet your expectations for a professional artwork, we encourage you to report it immediately for community vote. Artnol will take appropriate action based on the voting results and the process may take time depending on the volume of reports and the complexity of the case. To avoid repetitive and inaccurate reports, only users with a Pro membership can submit reports at moment.
b. AI Training Prohibition
(a) Users, including but not limited to researchers, developers, and organizations, are strictly prohibited from using the content available on Artnol for training, fine-tuning, or enhancing AI models. The uploaded content is intended solely for artistic display and appreciation by the community.
(b) If you suspect or encounter any unauthorized use of the content from Artnol for AI training purposes, we encourage artists to take proactive steps to protect their work. While Artnol can't directly intervene on behalf of artists, we recommend the following actions:
1. enabling the "follower only" feature for your artworks on Artnol is one of the means to prevent scripts and bots from mass-collecting artworks;
2. consider processing your artwork with glaze before uploading it to Artnol or any other platform;
3. it's essential to gather evidence. take screenshots or record details such as URLs, dates, and any relevant information that supports your claim and verify that your artwork is indeed being used for AI training;
4. reach out to the individuals, organization, or company using your artwork for AI training. Inquire about the use and request that they cease using your artwork immediately;
5. understand the copyright and licensing terms associated with your artwork before sending a formal cease and desist letter. There are online resources and templates available to help you draft a letter asserting your rights and demanding the removal of the infringing content. Threatening legal action if they fail to comply;
6. if the situation remains unresolved, consult an intellectual property lawyer experienced in copyright law. They can advise you on the appropriate legal action to take and represent you if necessary;
7. in some cases, you may be able to issue a DMCA takedown notice to the hosting service, demanding the removal of your copyrighted artwork from their platform.
Protecting your creative work and intellectual property rights is crucial, being proactive and taking appropriate action can help safeguard your rights as an artist. Artnol encourages artists to take appropriate action when unauthorized use of their content is identified.
tl;dr:
Artnol is neither AI friendly nor anti-AI. Artnol won't use or authorize others to use your content for any AI-related activities.
2. Membership
You do not have to be a member of the Site to enjoy some of the features of the Site. In particular, the Site users who are not members may view some of the content on the Site as long as they comply with our standards of conduct. However, members receive additional benefits (and different levels of members may receive different benefits), subject to our standards of conduct from time-to-time. We may change the benefits, features and levels of membership from time-to-time by sending you an email or by posting the changes on the Site. Our provision of the above benefits to you, including Learning (defined in section 9), the Marketplace (defined in section 10(a)), and all other services we provide on the Site, are collectively the “Services”. The Services may be provided using servers and other equipment located in any country including Canada, the United States and elsewhere.
3. Eligibility
By registering as a member you represent and warrant to us that:
(a) you are an individual who can form a legally binding contract at law; and
(b) you are at least 18 years old, and of the age of majority in the jurisdiction from which you access the Site.
4. Minors
Minors are not allowed to use Artnol.
tl;dr:
You must be at least 18 to use Artnol.
5. Account and User Name
(a) You must select a unique user name for your account. You must not use a user name that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit.
(b) You must keep your account secure and confidential.
(c) You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.
(d) All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.
tl;dr:
Don't use an offensive username. Keep your login details secure.
6. Access and Use of Services
You may only access the Services through the interface provided on the Site. Also, you may only use the Services for your own purposes, and you must not resell, transfer or otherwise provide any of the Services to any third party.
tl;dr:
You can't use Artnol to sell the service to someone else.
7. Payment
Many portions of the Site are free to use. However, if you wish to use any of the premium services or wish to purchase any products available on the Site, you agree to pay Artnol the prices posted on the Site for those products and services, plus all applicable taxes, and you will make those payments on the dates set out on the Site. Payments must be made in advance. Artnol may change the fees from time-to-time.
8. Payment Options
You may pay Artnol through the payment options made available on the Site. You must comply with the terms of all agreements between you and any third-party payment processors, and if you have any disputes regarding the processing of your payment you must deal directly with those third parties to resolve the disputes. If Artnol allows you to pay Artnol directly via credit card, then you authorize Artnol to charge all amounts to the credit card number you provide to Artnol. If your credit card payment is rejected or refused you will immediately pay Artnol the amount due and provide Artnol with an alternative credit card number for future payments. You represent and warrant to Artnol that each credit card you use for payment to Artnol either belongs to you, and you have the right to charge all such payments on the credit card(s).
9. Interest
You will pay Artnol simple interest on all overdue amounts at a rate of 18% per year, calculated from the date payment was due until the date payment (including accrued interest thereon) is made in full.
tl;dr:
If you want paid services, e.g. the Supporter account, you'll have to pay for it.
10. Artnol Learning
a. Overview
Artnol Learning (“Artnol Learning”) is an optional Service that allows eligible members to access and stream instructional and tutorial video content from the Site (“Learning Content”) and download and use certain digital resources (“Learning Resources”) (for example, digital assets, example files, 3D models, brushes) made available from time to time.
b. Learning Content
From time to time, and subject to any terms and restrictions we may impose, we may make some Learning Content available for temporary download and offline viewing on certain supported computers and devices. The Learning Content is or may be protected by digital rights management or other technological protection measures. All Learning Content is Artnol Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms.
c. Learning Resources
All Learning Resources are Artnol Property subject to section 16 (Ownership), section 24 (Use of the Services) and the remainder of these Terms. If you are an eligible member, Artnol hereby grants you a limited, personal, non-exclusive, non-transferable and royalty-free license to download, install, copy and use Learning Resources for your personal use only, subject to the following restrictions. You may not:
(i) make any copy of the Learning Resources except for archival or backup purposes;
(ii) circumvent or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any Learning Resource;
(iii) hack, reverse engineer, decompile, disassemble, modify or create derivative works of any (or any party of any) Learning Resource;
(iv) publish, sell distribute or otherwise make any Learning Resources available to others to use, download or copy;
(v) transfer or sub-license the Learning Resources or any rights in the Learning Resources to any third party, whether voluntarily or by operation of law;
(vi) use the Learning Resources for any purpose that may be defamatory, threatening, abusive, harmful or invasive of anyone's privacy, or that may otherwise violate any law or give rise to civil or other liability;
(vii) misrepresent yourself as the creator or owner of the Learning Resources;
(viii) remove or modify any proprietary notice, symbol or label in or on the Learning Resources;
(ix) directly or indirectly assist, facilitate or encourage any third party to carry on any activity prohibited by this section 9(c).
For clarity, even if your employer pays for your subscription you may not make Learning Resources available on a shared server or hard drive for access and use by other of your employer's personnel.
tl;dr:
If you're using Artnol Learning, you cannot pirate the content. You cannot copy and redistribute the content. If a course has downloadable files, you can use it for your own projects, but you cannot redistribute it to others in any way, shape or form, including copying it to a shared server/drive.
11. Artnol Marketplace for Content Providers
a. Overview
Artnol Marketplace (the “Marketplace”) is a Service that allows you to commercialize some of Your Content (defined in section 15) through the Site. There are two types of products that are now, or may in the future be, available for sale through the Marketplace, i.e.: Digital Products and Hard Products. All of Your Content, whether it is a Digital Product, Hard Product, a description of a Digital Product or Hard Product, or otherwise, must comply with these Terms, and Artnol reserves the right to remove any of Your Content that artnol determines in its sole discretion does not comply with these Terms. You grant Artnol rights in Your Content as set out in section 16 below.
b. Digital Products
Digital Products are products such as tutorials, software tools, stock assets and other electronic products that you upload to the Site and make available through the Marketplace. If you opt to allow any of Your Content to be commercialized as Digital Products, then you agree as follows:
(i) You must set a price for each of your Digital Products. You hereby authorize us to license copies of those products at that price, plus applicable taxes.
(ii) You must specify the license terms that apply to each Digital Product you make available through the Marketplace. You will have the option of specifying one of our standard license terms or providing your own license terms. If you provide your own license terms, we will have the right to review, approve, or disapprove those terms at our discretion at any time. We do not represent or warrant that any documentation or information we provide complies with any jurisdiction's laws, and you should obtain advice from a qualified professional before preparing or implementing any terms. You acknowledge and agree that the license terms are between you and the purchaser, and that we do not have any obligation to enforce those terms or to attempt to resolve any dispute between you and a purchaser.
(iii) After we have completed a transaction in connection with any of your Digital Products, we will make the Digital Products available to the purchaser according to the applicable license terms you have specified (subject to Section 10(b)(ii)). You hereby grant us a royalty-free, perpetual, world-wide license to do so. You must not include anything in the Digital Products that reduces or eliminates the applicable license granted to the customer.
(iv) After we have received payment for a transaction in connection with any of your Digital Products, we will deposit you a percentage of the price (excluding taxes) we received as set out in fee schedule, less any transaction fees listed in that fee schedule, into your Marketplace account. You may redeem amounts from your Marketplace account as described in section 10e) below. We will retain the remainder as our commission for the transaction. We may change the fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
(v) If a customer advises us that there is a material error in any of your Digital Products, or that they do not substantially conform with the description you provided for them, or there is some other material issue with your Digital Products then: (i) you will promptly remedy that error, description or issue at our request, (ii) we may refund the customer, in which case at our option you will either repay us the refunded amount or we will deduct the refunded amount from any future payment we make to you, and (iii) we may suspend or prohibit future sales of Your Content.
c. Hard Products
Hard Products are print-on-demand products that we may offer from time to time, such as art prints, apparel and other merchandise, onto which is printed Your Content that you have uploaded to the Site and made available through the Marketplace. If you opt to allow any of Your Content to be used to produce any Hard Products, then you agree as follows:
(i) You must set a mark-up for each Hard Product we sell which bears that content. This mark-up will be added to the price we charge for the product. You hereby authorize us to sell those Hard Products bearing that content at those prices plus applicable taxes.
(ii) After we have completed a transaction in connection with any Hard Product bearing Your Content, we or our suppliers will complete the manufacturing process by printing Your Content on the product. You hereby grant us and our suppliers a royalty-free, perpetual, worldwide license to do so, and to modify Your Content as necessary or desirable to apply it to the product.
(iii) You acknowledge that the appearance of Your Content on the products may vary in colour, quality and appearance depending on the Hard Product. You can select which types of Hard Products may be sold with Your Content; however, you will not have the opportunity to pre-approve the appearance of Your Content on those products before they are manufactured and shipped to customers.
(iv) After we have received payment for a sale in connection with any Hard Product bearing Your Content, we will deposit into your Marketplace account the mark-up you selected for that product, less any transaction fees listed in our fee schedule. You may redeem amounts from your Marketplace account as described in section 10(e) below. We will retain the remainder as our commission for the sale. We may change the above fee schedule from time-to-time by posting the changes on the Site for at least 30 days.
d. Both Products
(i) You must provide a description for each item of Your Content that you upload to the Site and make available for purchase through the Marketplace. That description must comply with these Terms. You hereby represent and warrant that all such descriptions are and will be accurate, complete, and not misleading, and do not and will not infringe or misappropriate any third-party rights.
(ii) All of your representations, warranties and indemnities relating to Your Content generally, also apply specifically to Your Content in the Marketplace. In addition, you represent and warrant that you have all necessary rights to allow Your Content to be displayed, commercialized and used as described above. You are solely responsible and liable for Your Content, and you indemnify Artnol regarding Your Content as set out in section 40.
(iii) We will not be responsible for anything a customer or a third party does with Your Content, including in connection with a Digital Product or a Hard Product. We have no obligation to enforce the license terms that apply to any content you sell through the Marketplace, or enforcing your rights in or to Your Content. If you believe a customer or third party has violated any of your rights with respect to any product, it will be your sole responsibility to address that violation on your own, at your sole expense. Please refer to section 23 below if you believe that another user has posted content that infringes your rights.
(iv) If any purchaser is not satisfied with a purchased Digital Product or Hard Product for any reason, we reserve the right to refund the purchaser, in which case at our option we will deduct the refunded amount from your Marketplace account balance. If your Marketplace account balance does not have enough money to cover the refund, the balance can go into negative and the amounts owed can be paid against future sales, or we may request that you repay us the amounts owing (and you will promptly pay those amounts if we so request).
(v) You will comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.
e. Account Balance and Redemption
(i) Upon receiving payment from a purchase of your Digital Product or Hard Product, we will deposit your portion of the payment into your Marketplace account.
(ii) Provided that the balance of your Marketplace account exceeds the applicable threshold set out in our fee schedule, that balance will be automatically redeemed on a weekly basis.
(iii) Balances that you redeem will be paid to the bank account you designate on the Site. A deposit initiated by a balance redemption will not reach your bank account immediately.
(iv) If we have provided a refund to a purchaser of your Digital Product or Hard Product we will deduct the refunded amount from your Marketplace account balance.
(v) You acknowledge and agree that additional third-party fees may apply to and be deducted from the amounts you redeem from your Marketplace account balance, and that Artnol is not responsible for and has no control over such fees. For example, your bank may impose wire transfer or similar fees or currency conversion fees.
(vi) Artnol is not responsible for lost payments. You are solely responsible for ensuring we have all required account numbers and information to make those payments.
f. Currency Conversion
Artnol will calculate and render a converted exchange rate in United States dollars, regardless of the currency in which you listed the price of your Digital Product or Hard Product. All transactions through the Marketplace, regardless of type of content or listed currency, will settle in United States dollars. Your Marketplace account balance will be denominated and redeemable only in United States dollars. Artnol cannot guarantee the accuracy of displayed exchange rates because market rates can fluctuate. We recommend that you confirm current exchange rates before engaging in Marketplace transactions.
g. Taxes
You are solely responsible and liable for imposing, collecting, reporting and remitting to the relevant authorities, in a timely and proper manner, all applicable sales, use, value-added, property, excise, import, foreign, withhold and other taxes, duties, charges, levies, fees, excises, tariffs, and assessments of any nature whatsoever imposed, arising from, connect with and relating to your sales through the Marketplace and the payments you receive for those sales. Artnol does not and will not provide any advice regarding your tax obligations. If you are uncertain about your tax obligations you should obtain advice from a professional tax advisor or your local tax office.
tl;dr:
If you're using Artnol Learning, you cannot pirate the content. You cannot copy and redistribute the content. If a course has downloadable files, you can use it for your own projects, but you cannot redistribute it to others in any way, shape or form, including copying it to a shared server/drive.
12. Artnol Marketplace for Content Acquirers
a. Overview
The Marketplace is a Service that allows you to purchase products from other content providers through the Site. There are two types of products that are now, or may in the future be, available for purchase through the Marketplace, i.e.: Digital Products and Hard Products.
b. Digital Products
Digital Products are products such as videos, software tools, stock assets and other electronic products. After you have completed a transaction for a Digital Product, we will make a copy of the product available to you according to the license terms specified by the Digital Product's provider. You must not distribute the product, allow any third party to use or access the product, or otherwise use, reproduce or exploit the product in any way that is not permitted by the applicable license terms. You acknowledge and agree that those license terms (and any dispute under them) are between you and the provider and that we are not a party to them and that we do not have any obligation to attempt to resolve any dispute between you and the provider. You also acknowledge and agree that we are a third-party beneficiary of those license terms and therefore will be entitled to directly enforce and rely upon any provision in those terms that confers a benefit on, or rights in favour of, us.
c. Hard Products
Hard Products are print-on-demand products such as art prints, apparel and other merchandise onto which the applicable content is printed. After you have completed a transaction for a Hard Product, we or our suppliers will complete the manufacturing process and ship the product to you when it is ready. We will endeavour to ship the product within any estimates provided on the Site, but we will not be responsible for late deliveries. Title and risk of loss for the products will pass to you upon receipt of the product by the carrier. We can split orders into two or more shipments at our discretion and expense.
d. Both Products
(i) You must pay us the price listed on the Site for the products, plus all applicable taxes, and (for Hard Products) applicable shipping and handling.
(ii) Our Refunds and Returns policies (as amended from time-to-time) set out our obligations and your rights regarding refunds and returns.
(iii) The content used to create Digital Products and Hard Products is provided by other users of the Site. We did not create it, we do not preview it, and we have no control over it. In short, we are not responsible for it or for any shortcomings in it, including any intellectual property infringement or other legal issues caused by it. Subject to our Refunds and Returns policies referred to above, your acquisition of Digital Products and Hard Products is at your sole risk.
(iv) For certainty, all other portions of these Terms, including the disclaimers and limitations of liability, also apply specifically to the Digital Products, Hard Products and the Marketplace. You will also comply with any other rules or policies we post on the site from time-to-time regarding the Marketplace.
tl;dr:
If you buy stuff from the Artnol Marketplace, this applies to you.
13. Marketplace Reviews
Site users may be able to post reviews, ratings and comments on different parts of the Site. Those reviews, ratings and comments form part of Your Content and are governed by section 15 and other sections in these Terms. In addition:
(a) If you are a content provider, you must not post any reviews or ratings for Your Content, or cause or encourage any third party who is not a legitimate purchaser of your Digital Products or Hard Products, to post a review for Your Content.
(b) If you are a content acquirer, you may only post reviews or ratings for Digital Products or Hard Products you have purchased. All such reviews and ratings must be accurate, unbiased, fair, and lawful, and based on your firsthand experiences.
14. Rules
Whenever you access, use or otherwise deal with the Services, you must comply with all:
(a) applicable laws;
(b) acceptable-use policies and other policies implemented by Artnol with respect to the Site or the Services from time-to-time, as posted on Artnol's website; and
(c) other rules and policies or procedures that Artnol communicates to you from time-to-time.
tl;dr:
You agree to any rules about acceptable behavior on Artnol. Be nice and respectful to people and you'll be fine.
15. Privacy
Without limiting anything in this Agreement, you must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party's personal information without their consent unless otherwise permitted by law to do so.
16. Your Privacy and Communications Consent
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy.
17. Ownership
As between you and Artnol, you will retain ownership of all original text, images, videos, messages, comments, ratings, reviews and other original content you provide on or through the Site, including Digital Products and descriptions of your Digital Products and Hard Products (collectively, “Your Content”), and all intellectual property rights in Your Content.
As between you and Artnol, Artnol or third parties solely own the following (the “Artnol Property”):
(a) all other content on the Site or provided through the Services, including all Learning Content, all Learning Resources, and all text, photos, videos, templates, and other content provided by Artnol (collectively, the “Artnol Content”) and all intellectual property rights in the Artnol Content; and
(b) all tools, hardware and software used to provide the Services (collectively, the “Artnol Tools”);
(c) the graphical design of the Site, the Site user interface and the look and feel of the Site and the Site user interface; and
(d) the names, logos and trade-marks of Artnol and on the Site (including third parties' marks) and Artnol.
You must not copy, modify, distribute, use, exploit or make derivative works from any of the Artnol Property except as explicitly permitted by Artnol.
tl;dr:
Whatever original content you post on Artnol belongs to you. We don't claim any ownership over your stuff. All the other stuff (the Artnol UI, etc.) is ours.
18. License regarding Your Content
Your Content may be shared with third parties, for example, on social media sites to promote Your Content on the Site, and may be available for purchase through the Marketplace. You hereby grant royalty-free, perpetual, world-wide, licenses (the “Licenses”) to Artnol and our service providers to use, copy, modify, reformat and distribute Your Content, and to use the name that you provide in association with Your Content, in connection with providing the Services; and to Artnol and our service providers, members, users and licensees to use, communicate, share, and display Your Content (in whole or in part) subject to our policies, as those policies are amended from time-to-time
19. Moral Rights
Artnol and our service providers, members, users and licensees may use, copy, display and transmit your user name in connection with any or all of Your Content if Artnol or the service providers, members, users or licensees wish to do so.
tl;dr:
You're allowing us to use your artwork and name for things connected with Artnol. E.g. if we want to post it on Facebook to promote you, we're allowed to do that. We won't sell your artwork.
20. Representations regarding Your Content
You represent and warrant to Artnol that:
(a) you own Your Content;
(b) you have the right to grant the Licenses; and
(c) the use, communication, sharing, display, copying, reformatting and distribution of Your Content as permitted by the Licenses will not infringe or violate the rights of any third party.
tl;dr:
When you post stuff to Artnol, make sure that you own it or that you have permission to post it.
21. Content Disclaimer
Artnol does not endorse any of the content on the Site. Artnol will not be responsible or liable for content that is generated by the Site users.
22. Monitoring and Disclosure.
Artnol cannot monitor everything on the Site and does not normally monitor your use of the Services; however, Artnol and our representatives may do so. We reserve the right (but have no obligation) to remove, delete, edit or reclassify content that we determine, in our sole discretion, is objectionable for any reason. We will not have any liability for any failure to remove, or delay in removing, any content. We may disclose any information that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Services or to protect the rights or property of itself or others that are directly related to providing the Services. If you notice any inappropriate content on the Site, please contact us.
tl;dr:
We're not legally responsible for stuff posted on Artnol. We can't monitor everything. You can report abuse to us and we'll do our best to deal with it.
23. Other rules regarding Your Content.
You are responsible for keeping back-up copies of all of Your Content; Artnol will not be liable for any loss or damage to any of Your Content. Artnol may impose limits on the quantity and size of Your Content stored on our servers, and the duration Your Content is stored on our servers, and may charge you fees for exceeding those limits.
tl;dr:
Back up your work!
24. Infringement Claims
If you believe that any content that another user posts on the Site infringes your rights, you may send us a notice. Please follow the instructions at DMCA Report.
25. Use of the Services
You must not:
(a) reverse engineer, de-compile, hack, disable, disrupt, interfere with, disassemble, copy, decrypt, reassemble, supplement, translate, adapt or enhance any of the Artnol Property or the Services;
(b) create a link, name or label, or otherwise upload to or transmit from the Site or the Services any content, link or anything else that (if reproduced, published, transmitted or used) may:
1. be defamatory, threatening, abusive, harassing, hateful, obscene, pornographic, harmful or invasive of anyone's privacy, or excessively violent,
2. violate any law including intellectual property, privacy or other laws;
3. impersonate any person;
4. give rise to civil or other liability; or
5. relate to illegal drugs, weapons, gambling or other illegal activities;
(c) upload to or transmit from the Site or the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful component;
(d) use the Site or the Services to do or attempt to do any of the following without Artnol's prior written permission:
1. send spam or other bulk messages;
2. gain unauthorized access to any data, network or system;
3. conduct or promote any commercial activity;
4. gamble, including through the use of the Site credits;
5. monitor data or traffic on any network or system;
6. obtain an email address, user name or other information about a third party without their consent;
7. use any misleading, false or deceptive TCP/IP header information in any email or posting;
8. conduct or instigate any denial of service attack against the Artnol website or network, any other Artnol website or network, or any third party's website or network; or
9. except where explicitly allowed by this Agreement, collect, aggregate, mine, scrape, or otherwise use any content uploaded to the Site for the purposes of publishing, selling, distributing or otherwise making the content available to others to use, download or copy;
10. collect, aggregate, mine, scrape or otherwise use NoAI Content (i) in datasets utilized by Generative AI Programs; (ii) in the development of Generative AI Programs; or (iii) as inputs to Generative AI Programs.
(e) improperly make complaints or false reports on the Site;
(f) artificially inflate or alter ratings, views or statistics on the Site;
(g) falsify any data or information available on the Site;
(h) delete or modify any copyright or other intellectual property notices on the Site;
(i) sell or transfer your Site account, or allow any third party to access or use it;
(j) avoid, circumvent, or disable any access control technology, security device, procedure, protocol, or technological protection mechanism that may be included or established in or as part of any of the Site or the Services or any hardware/software used to provide the Site or the Services, or third party hardware/software or services;
(k) interfere with the Services or any third party's use of the Site or the Services;
(l) resell any of Artnol's services or allow any third party to use or access the Site or the Services without Artnol's prior written consent
(m) authorize or encourage any third party to do any of the above; or
(n) access or exploit the Site, the Services, and/or access, exploit, collect, aggregate, mine, scrape, or otherwise use any content except as expressly permitted by this Agreement.
tl;dr:
Behave in a responsible way. Don't try to hack us or spam users.
26. Remedies
In addition to any other available remedies, upon breach of any of your obligations under this Agreement Artnol may suspend or terminate the Services and your the Site account.
tl;dr:
If we find that someone is trying to hack or mess with Artnol, we're allowed to prevent that person from accessing it.
27. Terms of Other Services
If you use any other service or software provided by or through Artnol or the Services, you must comply with all terms and conditions that are imposed upon your use of that service or software.
28. Advertising
Some of the Services may contain advertisements and promotions which may be targeted to you based on your use of the Site and the Services. The format, type and content of the advertising and promotions may change from time to time. You must exercise caution when purchasing goods or services from any third party advertiser or brand that may be promoted on or linked to the Site.
29. Member Responsibilities
You are solely responsible for obtaining all computer equipment and connections required to access and use the Services. Artnol will not be responsible for the workings or failures of your computer equipment, network, software or Internet access.
tl;dr:
You're responsible for your own computer and hardware. Artnol shouldn't cause your hardware to fail. And in the ridiculously unlikely event that it does, we're not responsible for it.
30. Interruptions/Errors
Your use of the Site and the Services might be interrupted and will not be free of errors. Some of the content on the Site might be translated, and those translations may not be accurate or appropriate. The Services may be unavailable from time-to-time due to routine maintenance, upgrades, hardware/software malfunctions, repairs, power outages, hackers, denial of service attacks and unforeseeably large service demands.
tl;dr:
A lot of different things can go wrong.
31. Modifications
From time to time, Artnol may add new features to the Site and the Services, remove existing features from the Site and the Services, or otherwise modify the Site and the Services (including their functionality, “look-and-feel”, universal resource locators and software components).
tl;dr:
We're allowed to change Artnol as needed.
32. Inactive and Abandoned Accounts
If you do not log into your account for any period of at least 365 consecutive calendar days, your account may be deemed “Inactive”. We may, in our sole discretion, suspend or terminate your account and membership if it becomes inactive.
33. Termination
Without prejudice to any of our rights at law or equity, Artnol may terminate your access to the Site and the Services with no prior notice if you fail to make a payment to Artnol as and when required, or if you fail to comply with any obligation in this Agreement, or if any of your representations or warranties is or becomes untrue. Artnol may also terminate or suspend any or all of the Services at any time without prior notice.
34. Termination by you
You may terminate your Site account at any time. Termination of your account is your only remedy with respect to any dispute with the Site, including disputes relating to
(a) this agreement or our enforcement of it;
(b) the Site, the Artnol Content, the Artnol Tools or the Services; and
(c) the amount, type or payment of fees in connection with the Site or the Services.
35. Effect of Termination
Upon termination of your account or this agreement:
(a) you will immediately cease all use of the Site, the Artnol Content, the Artnol Tools and the Services;
(b) you will have no further access to your account or anything associated with it;
(c) you will not receive any refunds for fees you paid under this Agreement;
(d) any unused or remaining time, credits, points or in your account at the date of termination will be permanently forfeited and revoked from you, and you will not receive any refund or credit for any of them;
(e) you will immediately pay Artnol all amounts owing under this Agreement;
(f) Artnol may (but is not required to) delete some or all of Your Content from the Site and from your account within 60 days after termination;
(g) the License will continue in full force and effect for all of Your Content, including content the Site deletes; and
(h) sections 9, 10(b)(ii), 10(b)(v), 10(c)(ii), 11 - 22 and 38 - 46 will survive termination.
tl;dr:
If you don't use Artnol for a really long time, we can remove your account. If you don't pay us, we can remove your account. You can also terminate the account yourself.
36. Contests
We may provide contests on the Site. If we do, they will be governed by rules we impose upon contestants. If you participate in a contest, you must comply with the rules of that contest. If there is a conflict between this agreement and the rules of a contest, the rules of the contest will govern with respect to that contest.
tl;dr:
If we run contests, the rules specific to the contest will govern, not these rules.
37. Links from the Site
The sites that are linked from the Site are not under our control, and we do not assume any responsibility or liability for any communications or materials available at those linked sites, or personal information collected about you from those sites. You may be charged fees to access or use the linked sites; these fees are not covered by any fees you pay to Artnol. All links are provided for your convenience only; they are not an endorsement or referral by us.
tl;dr:
Stuff that is linked from Artnol is out of our control.
38. Links to the Site
You must not link to the Site or any content on the Site except as explicitly permitted by this section or our policies. Your permission to link to the Site is expressly conditioned upon your compliance with the following restrictions:
(a) the link must comply with the Site's other policies regarding content;
(b) the link and surrounding materials must not deliver any the Site content in a framed environment, or alter the layout, content, look, or feel of the Site content;
(c) the link and surrounding materials must not imply affiliation or falsely represent any relationship between the linking site and the Site; and
(d) the link and surrounding materials must not portray the Site or its services in a false, misleading, derogatory, defamatory or otherwise offensive manner.
tl;dr:
You can link to Artnol, but please don't post false or misleading information.
39. Disclaimer
THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. ARTNOL DISCLAIMS ALL TERMS, CONDITIONS, GUARANTEES, REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED, STATUTORY AND OTHERWISE), IN RESPECT OF THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS AND THE SERVICES, INCLUDING THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE.
40. Limitation of Liability
YOU USE THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS AND THE SERVICES AT YOUR OWN RISK. ARTNOL WILL NOT BE LIABLE FOR ANY LOSS IN CONNECTION TO THE USE OF, OR INABILITY TO USE, THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS AND THE SERVICES, INCLUDING ANY LOSS TO YOUR CONTENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND WITHOUT LIMITING THE PREVIOUS SENTENCE, ARTNOL WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS WHATSOEVER IN CONNECTION WITH THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS OR THE SERVICES.
41. Maximum Liability
IF, DESPITE THE ABOVE LIMITATIONS, ARTNOL BECOMES LIABLE TO YOU IN RESPECT OF THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS OR THE SERVICES, OR A COMBINATION OF THE FOREGOING, THAT LIABILITY WILL BE LIMITED TO USD $500.
42. Indemnity
YOU WILL INDEMNIFY ARTNOL AND ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) AND HOLD THE INDEMNITIES HARMLESS FROM AND AGAINST ALL DAMAGES, INJURIES, LIABILITIES, COSTS, EXPENSES AND LEGAL FEES THAT ANY OF THEM MAY INCUR IN CONNECTION WITH:
(A) YOUR CONTENT, INCLUDING CLAIMS THAT YOUR CONTENT OR THE EXPLOITATION OF IT AS PERMITTED BY THIS AGREEMENT INFRINGES OR VIOLATES THE RIGHTS OF ANY THIRD PARTY;
(B) YOUR USE OF THE SITE, THE ARTNOL CONTENT, THE ARTNOL TOOLS OR THE SERVICES; OR
(C) THE UNTRUTHFULNESS OR INACCURACY OF ANY OF YOUR REPRESENTATIONS OR WARRANTIES TO US; OR
(D) YOUR BREACH OF ANY OBLIGATION, REPRESENTATION OR WARRANTY IN THIS AGREEMENT.
tl;dr:
We're providing Artnol to you as it is. If there's anything wrong with it, we're gonna do our best to fix it, but we can't be held legally responsible or liable.
43. Modifications to this Agreement
From time to time in our sole discretion Artnol may modify the terms of this Agreement by posting the modifications on the Site. You will be bound by the modified terms after the modified terms have been emailed to you or have been posted on the Site for 30 days.
tl;dr:
We can change this agreement.
44. Governing law
Any dispute or claim by you arising out of or related to this Agreement will be governed by North Carolina law, exclusive of its choice of law rules. For any disputes deemed not subject to binding individual arbitration, as provided in the section immediately below, you and Artnol agree to submit to the exclusive jurisdiction of the Superior Court of Wake County, North Carolina, or, if federal court jurisdiction exists, the United States District Court for the Eastern District of North Carolina. You and Artnol agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts (without affecting either party's rights to remove a case to federal court if permissible), as well as any right to a jury trial. The Convention on Contracts for the International Sale of Goods will not apply. Any law or regulation which provides that the language of a contract shall be construed against the drafter will not apply to this Agreement. This paragraph will be interpreted as broadly as applicable law permits.
45. Disputes with other users
You are solely responsible for resolving any disputes you may have with other Site users. Artnol may, but is not obligated to, assist you with this. Artnol will have no liability whatsoever to you in connection with any such dispute, regardless of whether or not Artnol assists you with that dispute.
tl;dr:
If you have a disagreement with another user on Artnol, please figure it out with them and don't drag us into it.
46. General
No delay or failure to act by Artnol regarding any default will impair any of our rights or remedies that are not expressly waived in writing. This Agreement supersedes all prior agreements of the parties regarding the Site and the Services, and constitutes the whole agreement with respect to the Site and the Services. You must not assign or sublicense this Agreement or any of your rights under this Agreement without our prior written consent, which may be withheld without cause. Artnol may assign or sublicense this Agreement and any or all of our rights and obligations under it in our sole discretion. This Agreement will enure to the benefit of and be binding upon the parties and their lawful successors and permitted assigns. Artnol will not be liable for any delay or damage caused as a result of any event beyond its reasonable control; any delay caused by any such event will not be deemed to be a breach of or failure to perform this Agreement.