Artistter, LLC Terms of Service

Last Revised November 2017
Effective Date: December 5, 2017


THESE TERMS are an agreement between Artistter, LLC and each user of www.artistter.com. Please review the Terms carefully. By accessing or using the Services, you signify your agreement to these Terms. If you do not agree to these Terms, you cannot access Company Services.

Definitions

A.    “Artistter” and “Company” shall refer to the company Artistter, a limited liability company organized under the laws of Delaware, in the business of providing an Internet-based artistic professional platform where Users may create accounts in order to upload and share text posts, photos, videos, and audio in order to showcase their creative works, and where Users may list and book artistic services.

B.    “User” shall refer to any person or entity accessing, using, or making purchases through Company Services;

C.    “Selling User” shall refer to any User who posts their services or products for hire or sale;

D.    “Buying User” shall refer to any User who makes purchases, or seeks to make a purchase, from a Selling User on Company Services; 

E.    “Talent Store” shall refer to the e-commerce and artistic service listings portions of Artistter’s Services;
 
F.    “Terms” shall collectively refer to these Terms of Service, inclusive of the Copyright Policy, and the linked Privacy Policy; and

G.    “Services” shall collectively refer to all services offered by Artistter including, but not limited to, access to its website and mobile application, online products, downloadable products, any and all services, and ability to purchase consumer goods and services.

Artistter Services Overview and Talent Store

Artistter is a professional networking website for artists and art enthusiasts. It operates and provides an Internet-based artistic professional platform where Users may create accounts in order to upload and share text posts, photos, videos, and audio, in order to showcase their creative works, as well as list and book artistic services. Artistter also contains an event section wherein Users may post and learn about art events in their area. Company’s Services also include a networking feature that allows different Users to connect with other artists in their geographic area or area of interest. Artistter operates a website and mobile application, which includes a Talent Store. The Talent Store lets Artistter Selling Users:

1.    Post and list their services for hire;
2.    List already created and shippable art products for sale; and
3.    List art services the Selling User can perform for a fixed cost.

Buying Users may then access Artistter Services and purchase, or pay, for the aforementioned services offered by Selling Users. Lastly, the Talent Store will have subscription plans for Users and registered Businesses. 

Relationship Between Talent Store Users and Artistter

Artistter connects Users and allows them to initially communicate and transact. Artistter is not itself a provider of artistic products and services advertised on the Artistter website and is not affiliated with any Use. Artistter also does not aid Users in their selection of products or services, nor does Artistter screen Users to ensure they meet the qualifications require to provide the goods or perform the services. AFTER USERS INITIALLY CONNECT AND TRANSACT VIA THE ARTISTTER WEBSITE, ARTISTTER is no longer involved in the relationship between SUCH USERS. ARTISTTER DOES NOT GUARANTEE PAYMENT BY BUYING USERS OR PERFORMANCE OF SELLING USERS. Users may independently enter into agreements for the provision of goods or services; however, Artistter is not a party to, nor affiliated with, those agreements. Any and all disputes REGARDING THE PROVISION OF GOODS AND SERVICES BY USERS are solely between THE SELLING USER AND THE BUYING USER, and neither party can seek relief frOM ARTISTTER.

Talent Store Selling User and Buying User Warranties

Selling User represents and warrants to Artistter and Buying Users that: (i) Selling User has full ownership rights in and full authorization to sell or provide goods and services Selling User lists on the Services, (ii) Selling Users goods and services do not infringe upon the rights of any third party, (iii) Selling User has the requisite skill, experience, talent, and applicable certifications, licenses, and credentials to provide the goods or services.

Selling User warrants to Artistter and Buying Users that Selling User will engage in transactions in good faith and will not commit fraud or engage in any otherwise deceitful actions.

Buying User represents and warrants to Artistter and Selling Users that: (i) Buyer is a good faith purchaser of goods and services; (ii) Buyer has authority to make transactions and purchase goods and services on the Services; and (iii) Buyer has the requisite specifications or qualifications required for Selling User to provide the goods and services as contracted for.

Buying User warrants to Artistter and Selling Users that Buying User will engage in transactions in good faith and will not commit fraud or engage in any otherwise deceitful actions.

Payments and Returns

Artistter currently collects personal information in order to process payments for consumer goods and services on its Company Services through third-party payment services (“Third-Party Payment Services”). These Third Party Payment Services are separate and distinct from Company. The Third-Party Payment Services may have additional terms and conditions, and Users are responsible for independently verifying and insuring their compliance with such terms and conditions. Artistter is not responsible or liable, directly or indirectly, for delays or errors resulting from a problem with Third-Party Payment Services, Users’ reliance on the Third-Party Payment Services, or User’s inability to access such Third-Party Payment Services. Users shall be aware that access fees may be incurred by any Internet provider, mobile telephone company, or otherwise, in order to provide the connection to use Artistter Services.

All sales are final. Refunds will not be given for dissatisfaction of any goods or services purchased, or if your computer, hardware, or software does not meet minimum specifications required for the use of any purchased good or service, except where otherwise allowable under law. Artistter merely provides a platform where Selling User and Buying User conduct a transaction; likewise, Artistter is not itself a party to any transaction performed between Uses of the Company Services. If any Buying User is dissatisfied with their purchase, their sole remedy is to contact Selling User and lodge any grievance. 

Changes to Terms of Service and Notices

Artistter may modify the Terms at any time, under its sole discretion. Should there be any material changes to the Terms, Users shall be notified with a one (1) week notice prior to the effective date of the new terms. It shall be posted on the Company Services and on the Company mobile application if applicable. At the beginning of each set of Terms, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications. 

Service Eligibility and Adult Content

In order to use Company Services, Users must be 13 years old, or older, and have the requisite power and authority to accept these Terms. If one is under 13 years of age, such person is strictly prohibited from using the Company Services. People, businesses, or otherwise, may not access the Services if they are a known or unknown competitor, or if they have been previously banned from Company Services. If you are using Company Services on behalf of a company, entity, or organization, then you represent and warrant you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization. 

There may be portions of Artistter’s website and mobile application that contain adult content that is only suitable for Users aged 18 years old and older. Users that have verified they are of the age of 18 years old or older have the option of turning the adult content ‘on’ or ‘off’. Users aged 13-17 will not have this option and are strictly prohibited from accessing any adult content in any way. 

Service Permission

Artistter grants Users permission to use Company Services subject to all restrictions set out in these Terms. Use of Company Services is at User’s own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content. Company Services are provided as-is.

Service Availability

Currently, Artistter operates a website and mobile application. The mobile application is available on both the Android and iOS platforms. Artistter provides Company Services to Users, and due to the unpredictable nature of the Internet and mobile connectivity, Company Services may be interrupted, suspended, un-secure, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any problems regarding Company Services availability. 

User Accounts

In order to use Services, Users must create a User Account and provide personal information for its creation. Users are solely responsible for remembering and maintaining the security of their User names and passwords. User must notify Artistter of any unauthorized access to User Accounts. Artistter may suspend, terminate, modify, or delete User Accounts, with or without notice, to Users, at any time and for any reason. Users are required to provide complete and accurate information in the creation of their User Accounts. Users are expressly prohibited from creating names with false information, false names, false business names, or creating multiple User Accounts. 

When Artistter Users create an account they will be asked for certain personal details. For complete coverage, please visit Artistter’s Privacy Policy. 

Users may delete their Account, Account Content, and all other Account information, at any time by logging into their Account and disabling the Account from the Settings Section, or by sending an email to Artistter to the address below with the following subject line:

To: legal@artistter.com
Subject: Account Termination

Communication and Data Retention

Users with User Accounts must submit an email address where they can receive emails from Company and Users, regarding communication in connection with Services. Users may opt out of communications by following the directions located in the User Account Settings. For more detailed information regarding the collection and usage of personal information, please refer to Artistter’s Privacy Policy. 

Artistter Intellectual Property and User Intellectual Property

Artistter owns all intellectual property connected to the operation of Artistter’s Company Services, including but not limited to its website, applications, or otherwise. This shall include visual interfaces, graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, and any method of compiling or analyzing Users’ Content. This shall be considered Company intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or that which is created in the future by Artistter. User may not copy, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Company content on Services. Such unauthorized use may violate copyright, trademark, and communication regulations.

Artistter shall be able to use any ideas or suggestions made by Users in their Company Services, if Company chooses to do so. User is not entitled to any remuneration of any kind, under any circumstances, for such information. Any submitted suggestion shall provide Artistter with complete ownership and any intellectual property rights arising therefrom. Artistter shall be entitled to unrestrictive use of such information.

Users may submit, upload, sell, distribute, or otherwise, their own artistic creations through Artistter’s Services. However, Users are strictly prohibited from uploading or distributing any art creations or otherwise, that they do not have full intellectual property rights in, or full permission from such intellectual property owner(s). Users hereby agree, and warrant, all material they upload they have full intellectual property rights in, or have full authority from the relevant intellectual property owner to do so. Any other person who feels their intellectual property rights have been violated are strongly encouraged to contact Artistter in accordance with the Copyright Policy below or by emailing the company at legal@artistter.com. 

Privacy Policy 

By using Company Services, website, or application, Users hereby agree to the Artistter’s Privacy Policy which may be found on the Company’s website. 

Copyright Policy

The following Copyright Policy (the “Policy”) explains how Artistter respects the intellectual property rights (the “IP Rights”) of others and describes Artistter’s policy concerning rules and regulations of its Company and Services. If anyone believes their IP Rights have been infringed, please contact Artistter with contact information found in the Contact Information Section located at the end of this Policy. 

A.    Changes to Policy. Artistter may modify this Policy at any time, under its discretion. Should there be any material changes to the Policy, Users shall be notified with a one (1) month notice prior to the effective date of the new policy. It shall be posted on Services and on the Company mobile application. At the beginning of each set of Policies, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications. 

B.    Prohibitions. Artistter prohibits Users from uploading, posting, transmitting, or otherwise making available, any content that violates any IP Rights of any person, company, or otherwise. This prohibition shall apply to any of Company Services including websites, web pages, applications, widgets, blogs, social networks, or otherwise. Any violations of US Copyright Law, shall subject offenders to its penalties to the fullest extent allowed under law. Artistter reserves the right to terminate any User who is in violation of IP Rights of other users, persons, company, or otherwise. Artistter requests Users adhere to these same policies. Pursuant to the Digital Millennium Copyright Act of 1998 (17 U.S.C. § 512)  (the “DMCA”) and US Copyright Law. Artistter may terminate Users’ access to Services, and use thereof, if Company deems User is repeatedly infringing the IP Rights of another User, person, company, or otherwise. Artistter is not responsible for any errors in web based material and shall not be liable for any damages arising from the use of such material found on Artistter’s website.

C.    DMCA. The DMCA and US Copyright Law provides the framework for owners of IP Rights who believe their material that is appearing in public infringes their IP Rights under US Copyright Law. It is Artistter’s policy to respond to all notices and counter-notices that are in conformity with the requirements under 17 U.S.C. § 512(c)(3)). Notices and counter-notices must meet the then-current statutory requirements imposed under the DMCA. Please visit www.copyright.gov for up to date details of current DMCA legislation. 

 a.    Take-Down Notices. If one believes their IP Rights have been infringed upon by any materials  In Artistter’s Services, such person may submit a notification pursuant to the DMCA (17 U.S.C. §512(c)(3)) by sending a properly formatted take-down notice to Company at the address in Contact Information Section. Please include all required information, including:

i.    The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
ii.    In sufficient detail, provide the copyrighted work that you claim has been infringed. If multiple copyrighted works on the websites are covered by a single notification, you may provide a representative list of such works on the websites; however, the representative list must still contain sufficient detail of the copyrighted works so that we can identify them;
iii.    The URL or other specific location on the websites that contain the material that you claim to be infringing your copyright.  You must provide us with reasonably sufficient information to enable us to locate the alleged infringing material, so that we can comply with your request to remove or deny access;
iv.    Your name, address, telephone number, and email address;
v.    A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
vi.    A statement that you swear under penalty of perjury that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

b.    Response to Take-Down Notices. Artistter shall take response to such DMCA notice, and will make a good faith attempt to contact any party believed to have infringed the IP Rights of another. DMCA infringement notices may be forwarded to the party who originally made the alleged infringed content available on Services. 

c.    Counter-Notices. If you believe in good faith that your own copyrighted material has been removed from Services as a result of a mistake or misidentification, you may submit a written counter notification letter to Company pursuant to the DMCA (17 U.S.C. 512(g)(2-3)). If a counter-notice is received by Artistter, Company may send a copy of such counter-notice to the original complaining party that Company may reinstate the removed content. Unless the alleged IP Rights holder files a court action against the party that provided the counter-notice, the removed content may be reinstated on Company’s Services. Counter-Notices require the following information:

i.    Your physical or electronic signature;
ii.    Identification of the material that has been removed or disabled, and the location at which the material appeared before it was removed or disabled;
iii.    A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
iv.    Your name, address and telephone number; and
v.    A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, that you consent to the jurisdiction of the United States District Court for the Southern District of Texas and a statement that you will accept service of process from the party, or party’s agent, that filed the notification of alleged copyright infringement.

D.    Contact Information. Should you require any further information regarding these policies, please contact:

Artistter, LLC
300 Delaware Avenue, Suite 210-A
Wilmington, DE, 19801
    Email:  legal@artistter.com; Subject: “Copyright Policy – DMCA Notification”

This contact information is for DMCA purposes only. Any other inquiries to the DMCA Agent will not be answered. Any material misrepresentations regarding copyright violations may subject complainant to court costs and attorney fees. 

Prohibited Conduct

Users hereby agrees not to post or upload any of the following prohibited Content:

A.   Content that violates any intellectual property rights of any other person worldwide;
B.   Content known by User to be false, misleading, or Content that encourages or promotes illegal activity;
C.   Content that is abusive, threatening, obscene, defamatory, or libelous;
D.   Content that harasses any other User, person, business, or person, in any way;
E.   Content that solicits any private information, including passwords, or personal identification information;
F.    Content that is offensive to any User, person, or business, including, but not limited to: racism, bigotry, hatred, physical harm of any kind against any group, minority, or individual; 
G.   Content promoting any business venture of the User, person, business, or otherwise;
H.   Content used to solicit information from minors or other protected classes;
I.    Content involving the transmission of junk mail, chain letters, or unsolicited mass mailing;
J.    Content displaying obscene, pornographic, or sexually explicitly material, of any kind; and
K.    Content relating to Selling User’s goods or services that is in any way misleading, inaccurate, false, or intended to deceive the Buying User as to the true nature of the goods or services being provided or the individual(s) or entity/entities providing such goods or services.

User hereby agrees, while using Services, not to commit any of the following actions:

A.    Upload content or any information that could damage, disable, overburden, or impair any of Artistter’s servers or networks; 
B.    Attempt to gain any unauthorized access to other Users’ account, Company computer networks, systems or infrastructure, by any means;
C.    Attempt to gain access to other Users’ accounts, for any reason;
D.    Use data mining, robots, or other data gathering devices on or through Services;
E.    Frame or link to the Services without express permission;
F.     Attempt in any way to reverse engineer, decompile, interrupt, or disassemble, any part of Services or its security features;
G.    Modify, distribute, reproduce, copy, adapt, or create any derivative work in any way, of Service;
H.    In any way restrict other Users or persons from gaining access or creating accounts;
I.     Use any technology or tool that automatically retrieves, alters, or combines Company content or Services;
J.     Reverse engineer any content, Services, website, or application of Company and its Users;
K.    Breach Artistter’s rights regarding intellectual property rights, or otherwise;
L.    Use the Services or content to transmit any computer viruses, Trojan horses, worms, or otherwise, that could potentially cause any damage to software or hardware of Users or Company; and
M. Engage in fraud.

ADA; Accessibility
 
Artistter is making every possible effort to make www.Artistter.com compliant with the American Disabilities Act (Section 508). While we are committed to making our website accessible to any and all users, we recognize that not all pages may be ADA compliant at this time. We welcome comments on how to improve the site’s accessibility for users with disabilities. If you use assistive technology and the format of any material on our website interferes with your ability to access the information, please contact us and we will supply you with the information you reasonably require. To enable us to respond in a manner most helpful to you, please indicate the nature of your accessibility problem, the preferred format in which to receive the material, the web address of the requested material, and your contact information.

Limited Liability and Disclaimers

The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using the Services, Users hereby agree to the following Terms, and Users agree to forfeit certain legal rights they may otherwise be entitled to them. If a User is uncertain of any of the following, it is suggested they consult an independent legal professional.

A.    Availability. Artistter provides Services on an “as is” and “as available” basis for Users’ use.  Artistter does not guarantee Services will be available in any location for any User, or that Services will always be available at any given time. Artistter does not warrant Services will be uninterrupted, timely, error-free, or secure. Furthermore, it does not warrant any defects will be corrected. Artistter does not guarantee its website or applications will be free from viruses or other harmful components. 

B.    Security. Artistter makes every effort to keep its Services, Content, website, and application secure. Artistter accepts no liability for any loss, disruption, or damage incurred by Users to its data, computer, device, or software, that is a result of unauthorized access by any person who has caused a loss due to any data breach or hacking, even if such breach or hack was the mistake of Company. Users are responsible for taking their own precautions to ensure the electronic process employed for accessing Services, website, or application, does not expose them to the risk of viruses, malicious computer code, Trojan horses, worms, or otherwise, that may interfere, infect, or damage their computers, software, or data. Furthermore, Artistter limited liability shall extend should any Company computer, server, or software malfunction, and cause any Users any of the aforementioned losses. Artistter has taken precautions to prevent any malfunction, however User hereby agrees to accept full liability for any loss, of any kind, should they occur. 

C.    Software Updates. Artistter may make software updates to it mobile application and desktop application at any given time.  In order to use Services, Users may be obligated to download the updated version of the applications. Artistter may choose to make downloading the updated version of the application a required precedent to continued use of Services. However, Artistter makes no guarantees any subsequent version of an application will work on Users mobile phone, devices, or computers.  Artistter is expressly not liable for any loss incurred due to Users inability to use Services due to the inability to use an updated version of the mobile application or desktop application on their specific mobile device or computer.

D.    Third Party Transactions. Artistter does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Company Service, hyperlink, website, or any of its applications. Users hereby agree to hold third parties solely liable for any and all claims regarding such transactions with third parties. Any products or services purchased or otherwise acquired by a third party, are separate legal transactions solely between Users and the relevant third party, and in no way involve Company. 

E.    Third Party Sites and Embedded Content. Services may contain links, and embedded content from, third party websites, as well as services not operated by Company. Artistter does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.

F.    Limited Liability. Users assume any and all risk associated with using Artistter’s website, application, or Services. Artistter, its parents, subsidiaries, affiliates, owners, directors, officers, employees, licensors, distributors, subcontractors, sub-licensees, independent contractors, and agents (collectively known as the “Company Parties”) shall not be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, or losses of any kind. These include without limitation, loss of profits, business, goodwill, use, data, or other intangible losses, whether based in contract, tort, negligence, strict liability, or otherwise, which may be incurred in connection with the use, or inability to use, Services, including interruption, inaccuracy, error, or omission. 

G.    Disclaimer. Artistter expressly disclaims all warranties, express or implied, including but not limited to: implied warranties of merchantability; fitness for a particular purpose; non-infringement; warranties of title and accuracy; warranties regarding products and services offered by all businesses listed on Company’s website; and warranties in the course of dealing, performance or usage of trade. 

H.    Maximum Liability. Artistter’s maximum aggregate amount of liability for any loss or damage a User experiences in Company’s content, Services, website, application, or otherwise, shall not exceed $100 or the aggregated amount paid by Users for Company Services in the immediate preceding twelve (12) month period, whichever is lower.

Miscellaneous

A.    Class Action Waiver and Other Restrictions. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms (including the “Continuation” provision below), and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue. 

B.    Indemnification. Users agree to indemnify, defend, and hold harmless, Artistter and Company Parties, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to Users’ use of Service, website, or applications; violations of these Terms, goods and services purchased; or misuse of User accounts. Artistter reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company. 

C.    Independent Relationship. Users fully understand and accept in no way do these Terms, Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with Company.  Artistter is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of Artistter’s Services often involves financial exchange, and the Artistter shall bear no liability or responsibility therefor. 

D.    Integration. Both parties agree these Terms are the complete and exclusive statement and the mutual understanding of the parties, and these Terms supersede and cancels all previous written and oral agreements and communications relating to the subject matter of this Agreement. Any waivers or amendments shall be effective only if made in writing and signed by an agent of the respective parties authorized to bind the parties.

E.    Severability. Artistter’s failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.

F.    Termination and Survival. If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users’ access to Services or prohibiting them from accessing Company website or application. Artistter may take these actions without liability or notice to you. If a User’s account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services. 

The following Sections of these Terms shall survive termination: Service Eligibility; Service Permission; Communication and Data Retention; Artistter Intellectual Property; Privacy Policy; Copyright Policy; Prohibited Conduct; all Limited Liability and Disclaimers; and all Miscellaneous disclaimers.

G.    Arbitration Agreement. All claims and disputes arising under or relating to these Terms and Services are to be settled by binding arbitration in the State of Texas or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of jurisdiction.

H.    Jurisdiction. These Terms of Use, and any dispute legal or otherwise arising from its implementation, shall be deemed to have been made in, and shall be construed pursuant to the laws of the State of Delaware. If any party brings a claim, parties hereby submit and consent to the personal and exclusive jurisdiction of the State of Delaware.

I.    Notice to California Users. Under California Civil Code Section 1789.3, users of Company Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:

400 R Street, Suite 1080
Sacramento, California
95814
Telephone: (916) 445-1254, or (800) 952-5210

Contact Information

Artistter, LLC
300 Delaware Avenue, Suite 210-A
Wilmington, DE, 19801 USA
Telephone: +1 (866) 402-4402
legal@artistter.com