Terms of Service | Artists Unlimited

Artists Unlimited Terms of Service Agreement

This Artists Unlimited Terms of Service Agreement (the "Agreement" or "Terms of Service") is made between Artists Unlimited vzw ("Artists Unlimited," "we," "us," or "our") and you, our customer ("you" or "your"). This Agreement governs your use of the artistsunlimited.online platform and our live video hosting and streaming services through our owned-and-operated websites, applications, and video players (collectively, the "Services"). These terms are not exhaustive, and Artists Unlimited reserves the right to modify them at any time, effective upon posting.

By creating an account, viewing videos, making a purchase, or otherwise visiting or using our Services, you accept this Agreement and consent to contract with us electronically. If you are an entity other than a natural person, the person who registers the account or otherwise uses our Services must have the authority to bind the entity. In this context, "you" means both the entity and each person who is authorized to access the account.

We may update this Agreement by posting a revised version on our website. By continuing to use our Services, you accept any revised Agreement.

This Agreement includes our Privacy Policy. Please review our Privacy Policy to learn about the information we collect from you, how we use it, and with whom we share it.

Any violation of these Terms of Service may result in the suspension or termination of your right to access the artistsunlimited.online platform. These Terms of Service detail what is expected of you and what you can expect from other participants when using artistsunlimited.online. Artistsunlimited.online is an English language platform, and the use of the platform is governed by Belgium law.

Our Services

Service License: Subject to the terms hereof, we grant you access to our Services. This includes the right to:

Purchase tickets to watch live stream videos;
Watch live stream videos that you have the right to view;
Upload, store, and/or stream live stream videos;
Use all related functionality that we may provide.

Features: The features available to you will depend on your subscription type (artist or fan). We may change features from time to time. We commit to providing the core streaming features including the bandwidth and storage capabilities stated below.

Unlimited Bandwidth Fair Use Policy: We provide self-serve users with unlimited bandwidth for standard uses of our video player for all accounts that are below the 99th percentile of bandwidth usage.

Donations: We may allow you to send donations to or accept donations from other users. To enable this feature, you may be required to use our integrated payment vendor. Transactions are processed through the payment vendor and are governed by its terms of service and privacy policy.

Accounts

Registration: You may create an account to use certain features we offer (e.g., uploading or live streaming videos). To do so, you must provide an email address. By creating an account, you agree to receive notices from Artists Unlimited at this email address.

Age Requirements: You must be at least 16 years old or the applicable age of majority in your jurisdiction, whichever is greater, to create an account or otherwise use our Services. If you wish to use the Services for a commercial purpose, you must be at least 18 years old. Individuals under the applicable age may use our Services only through a parent or legal guardian's account and with their involvement. Please have that person read this Agreement with you and consent to it before proceeding.

Parents and Guardians: By granting your child permission, to use the Services through your account, you agree and understand that you are responsible for monitoring and supervising your child's usage. If you believe your child is using your account and does not have your permission, please contact us immediately so that we can disable access.

Account Security: You are responsible for all activity that occurs under your account, including unauthorized activity. You must safeguard the confidentiality of your account credentials. If you are using a computer that others have access to, you must log out of your account after each session. If you become aware of unauthorized access to your account, you must change your password and notify us immediately.

Acceptable Use Policy

We may allow you to upload, live stream, submit, or publish (collectively, to "submit") content such as videos, recordings, images, and text (collectively, "content"). You must ensure that your content, and your conduct, complies with the Acceptable Use Policy set forth in this Section 5. Artists Unlimited may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. Artists Unlimited may take all appropriate actions to enforce its rights including removing specific videos or suspending or removing your account.

Copyright Policy

You may only upload content that you have the right to upload and share. Copyright owners may send Artists Unlimited a takedown notice if they believe Artists Unlimited is hosting infringing materials. We will, in appropriate circumstances, terminate the accounts of persons who repeatedly infringe.

Content Restrictions

You may not submit any content that:

Infringes any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.);
Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
Promotes or supports terror or hate groups;
Exploits minors;
Depicts unlawful acts or extreme violence;
Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
Depicts animal cruelty or extreme violence towards animals;
Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
Makes false or misleading claims about vaccination safety;
Claims that mass tragedies are hoaxes or false flag operations;
Depicts or encourages self-harm; or
Violates any applicable law.

Links

The artistsunlimited.online platform allows users to post hypertext links to content hosted and maintained by third parties. Links are subject to treatment like any other type of content posted to the artistsunlimited.online platform. You may not include a link that directs users to any content or information that, if posted in the artistsunlimited.online platform, would constitute a violation of these Terms of Service. The linked sites and content are not moderated by Artists Unlimited, are not under Artists Unlimited's control, responsibility or endorsement and your access to any linked site is at your own risk. When leaving the artistsunlimited.online platform using any link provided by a user, you should be aware that Artists Unlimited's terms and policies no longer govern, and you should review the terms and policies, including privacy and data gathering practices, of that particular site. If you access a linked site and find materials to be in violation of these Terms of Service, you may report the link.

Code of Conduct

In using our Services, you may not:

Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass or stalk any person;
Harm or exploit minors;
Distribute "spam" in any form or use misleading metadata;
Collect personal information about others;
Access another's account without permission;
Engage in any unlawful activity;
Provide links to sites that contain content prohibited by Content Restrictions in this agreement; or
Cause or encourage others to do any of the above.

Prohibited Technical Measures

You will not:

Except as authorized by law or as permitted by us: scrape, reproduce, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
Submit any malicious program, script, or code;
Submit an unreasonable number of requests to our servers; or
Take any other actions to manipulate, interfere with, or damage our Services.

Licenses Granted by You

As between you and Artists Unlimited, you own and will retain ownership of all intellectual property rights in and to the content you submit. In order to allow Artists Unlimited to host and stream your content, you grant Artists Unlimited the permissions set forth below.

Your Video Content

By submitting a video, you grant Artists Unlimited permission to:

Stream the video to end users;
Make the video available for download;
Transcode the video (create compressed versions of your video file that are optimized for streaming); and
Generate stills (i.e., "thumbnails") from your video to represent it (if you have not selected one).

If you have enabled a video privacy setting or disabled downloading or embedding, we will limit distribution of your video pursuant to your selection. By enabling access to your video to any third party, you grant each such person permission to stream (and/or download or embed, as applicable) your video. For the purposes in this section, your video includes its title, description, tags, and other metadata.

The license period begins when you submit the video to artistsunlimited.online and ends when you or Artists Unlimited delete it; provided that Artists Unlimited may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the video is the subject of a takedown notice or other legal claim; or (c) when Artists Unlimited in good faith believes that it is legally obligated to do so.

Account Profile

You grant Artists Unlimited permission to use your name, likeness, biography, trademarks, logos, or other identifiers used by you in your account profile for the purpose of displaying such properties to the public or the audiences you have specified. You may revoke the foregoing permission by deleting your account. Artists Unlimited shall have the right to identify public profiles in its marketing and investor materials.

Scope of Licenses

All licenses granted by you in this agreement (a) are non-exclusive, worldwide, and royalty-free; (b) include the right and license to copy, use, distribute, publicly perform, and display the licensed work for the purposes stated above; and (c) include all necessary rights and licenses to allow us to exercise our rights and perform our obligations. By granting these licenses, you waive any so-called "moral rights" that you may have. Nothing in this Agreement shall be deemed a license "condition" applicable to Artists Unlimited; rather, any breach of a term by Artists Unlimited hereof shall give rise to, at most, a claim for breach of contract only. All licenses granted herein are in addition to any other licenses that you may grant (e.g., a Creative Commons license).

Your Obligations

Representations and Warranties

For each piece of content that you submit to or through artistsunlimited.online, you represent and warrant that:

You have the right to submit the content to Artists Unlimited and grant the licenses herein;
Artists Unlimited will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
You have obtained appropriate releases (if necessary) from all persons who appear in the content;
The content does not, and will not, infringe any third party's rights, including intellectual property rights, rights of publicity, moral rights and privacy rights; and
The content complies with this Agreement and all applicable laws.

Indemnification

You will indemnify, defend, and hold harmless Artists Unlimited and its subsidiaries, parents, and affiliates and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

Return and rights of withdrawal

There is no withdrawal right.

In accordance with Article VI.53, 12 of the Belgian Code of Economic Law, the purchaser may not exercise their right of withdrawal in accordance with Article VI.47 for the provision of services related to leisure activities if the contract indicates a specific execution date or period.

Term and Termination

This Agreement begins when you first use our Services and continues so long as you use our Service or have an account with us, whichever is longer. Artists Unlimited may terminate this Agreement at any time by providing thirty (30) days' written notice, and users may terminate at any time by deleting their accounts.

If you breach this Agreement, Artists Unlimited may, at its option: (a) terminate this Agreement immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If Artists Unlimited deletes your account for breach, you may not re-register.

In the event of any termination or expiration, the following sections will survive: Indemnification, Disclaimers, Limitation of Liability, and Disputes, Arbitration, and Choice of Law, and General Provisions.

General Release

You hereby release and hold harmless Artists Unlimited, their affiliated entities, employees, directors, officers, licensees and assigns and each of their respective designees [“Artists Unlimited Entities”] with respect to any claims, damages, costs, losses and expenses, including reasonable attorneys' fees, due to or arising out of content you submit, post, transmit or make available through the artistsunlimited.online platform, the use of such content by the Artists Unlimited Entities for any purpose, your use of the artistsunlimited.online platform, your violation of these Terms of Service, or the violation by you or the Artists Unlimited Entities of yours or any third party’s rights including, without limitation, intellectual property or other proprietary rights, rights of privacy and publicity, rights of attribution, or any other liability, direct or indirect, vicarious, contributory, or otherwise.

Disclaimers

ARTISTS UNLIMITED PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU USE THE SERVICES AT YOUR OWN RISK. You must provide your own device and Internet access.

EXCEPT AS EXPRESSLY SET FORTH HEREIN, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, VIMEO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Among other things, Artists Unlimited makes no representations or warranties:

That our Services, or any part thereof, will be available or permitted in your jurisdiction, uninterrupted or error-free, completely secure, or accessible from all devices or browsers;
Concerning any content submitted by or actions of our users;
That any geo-filtering or digital rights management solution that we might offer will be effective;
That our Services will meet your business or professional needs;
That we will continue to support any particular feature or maintain backwards compatibility with any third-party software or device; or
Concerning any third-party websites and resources.

Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ARTISTS UNLIMITED SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF BUSINESS, PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, EVEN IF ARTISTS UNLIMITED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) ARTISTS UNLIMITED'S TOTAL LIABILITY TO YOU, EXCEPT FOR ARTISTS UNLIMITED’S CONTRACTUAL PAYMENT OBLIGATIONS HEREUNDER (IF ANY), SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ARTISTS UNLIMITED OVER THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM(S) OR ONE HUNDRED EUROS (100 EUR), WHICHEVER IS GREATER.

Governing Law and Venue

This Agreement will be governed by and construed in accordance with the internal laws of Belgium without regard to conflicts of laws principles. By using the artistsunlimited.online platform, you hereby agree that any and all disputes regarding this Agreement will be subject to the federal, state and local courts of Antwerp.

General Provisions

Reservation of Rights, Severability, Force Majeure: Artists Unlimited reserves all rights not expressly granted herein. Artists Unlimited's rights and remedies are cumulative. No failure or delay by Artists Unlimited in exercising any right will waive any further exercise of that right. If any term of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that term will be limited or severed. Artists Unlimited will not be liable for any delay or failure caused by a force majeure event.

Relationship: You and Artists Unlimited are independent contractors of one another; neither party is an agent, partner, or joint venturer of the other. This Agreement binds the parties and their successors, personal representatives, and permitted assigns. You may not assign this Agreement to any person whose account has been terminated by Artists Unlimited or who is prohibited from registering; any such assignment will be void.

Third Parties: We may provide links to and integrations with websites operated by others. The website operator, not Artists Unlimited, is solely responsible for the content thereof, and your use of each such website will be subject to its terms of service. We may disable integrations with any third party at any time, with or without notice. Except as expressly stated herein, nothing in this Agreement confers any right on any third party.

Entire Agreement: This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings regarding the subject matter hereof and may not be modified except in accordance with this agreement or in a document executed by authorized representatives of Artists Unlimited. If you have a signed agreement with Artists Unlimited, any conflicting term of that agreement will prevail over the terms hereof, but only as to the subject matter of that agreement.

Addenda: This Agreement incorporates the following documents (and no others) by reference:

Notices: You must send any notices of a legal nature to us by email or at:
Artists Unlimited vzw.
Attention: Legal Department

Jozef Mulsstraat 8, 2170 Merksem