Terms & Conditions
Terms and Conditions
These Terms and Conditions (“Terms”) govern your access to and use of the services and So and So Arts Club websites (“Services”), and any information, text, graphics, or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
The Services that So and So Arts Club provides are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, So and So Arts Club may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice.
We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by So and So Arts Club on the Services are subject to change.
In consideration for So and So Arts Club granting you access to and use of the Services, you agree that So and So Arts Club and its third party providers and partners may page such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Accepting the Terms
In order to use the Services, you must firstly agree to the Terms. You may not use the Services if you do not accept the Terms.
You can accept the Terms by: clicking to accept or agree to the Term; or using the Services. In this case, you understand and agree that So and So Arts Club will treat your use of the Services as acceptance of the Terms from that point onwards.
You may not use the Services and may not accept the Terms if you are not 18; or you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services.
Sharing Your Content and Information
You own all of the content and information you post on So and So Arts Club and you can control how it is shared through your privacy and application settings.
In addition: For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with So and So Arts Club .(“IP License”). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it. When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). When you publish content using parts of the Services which are available to everyone, it means that you are allowing everyone, to access and use that information, and to associate it with you (e.g. your username and profile picture).
The user agrees that:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on So and So Arts Club.
- You will not collect users’ content or information, or otherwise access So and So Arts Club, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on So and So Arts Club.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not post content or take any action on So and So Arts Club that infringes or violates someone else’s rights or otherwise violates the law.
- You will not bully, intimidate, or harass any user.
- You will not defame any individual.
- You will not post content that: is hateful, threatening, or pornographic; incites violence or hatred; or contains nudity or graphic or gratuitous violence.
- You will not offer any contest, giveaway, or sweepstakes (“promotion”) on So and So Arts Club without our prior written consent.
- You will not use So and So Arts Club So and So Arts Club to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of So and So Arts Club, such as a denial of service attack.
- You will not facilitate or encourage any violations of this Statement.
- You will not use our copyrights or trademarks, or any confusingly similar marks, without our written permission.
- You will cancel the recurring Paypal payment if desired and rescind all rights to refund should this not be satisfactorily cancelled prior to the prearranged debiting date.
- You will not post anyone’s identification documents or sensitive financial information on So and So Arts Club.
- Any mail that you send using this service will be from you and you are responsible for all the contents of it. You agree to use the service to send emails only to people who you, in good faith, believe would like to receive them.
We can remove any content or information you post on So and So Arts Club if we believe that it violates this Statement. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal. If you repeatedly infringe other people’s intellectual property rights, we will disable your account when appropriate.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive.
Under no circumstances will So and So Arts Club be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Registration and Account Security
So and So Arts Club builds trust between users, and a key part of that trust is by users providing their real name and location. Users agree to the following regarding the registration and security of their accounts:
- You will not provide any false personal information on So and So Arts Club, or create an account for anyone other than yourself without permission.
- You will not create more than one personal profile. If we disable your account, you will not create another one without our permission.
- You will not use your personal profile for your own commercial gain (such as allowing an advertiser to use your personal profile).
- You will not use So and So Arts Club if you are under 18.
- You will keep your contact information accurate and up-to-date.
- You will not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
- You will not transfer your account (including any page or application you administer) to anyone without first getting our written permission.
- If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user’s actual name).
Security of Login Information
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. So and So Arts Club cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You are responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you. In the event that you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify So and So Arts Club.
As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your So and So Arts Club account, which you may not be able to opt-out from receiving.
No Ownership Rights in Account.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF So and So Arts Club.
So and So Arts Club MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU.
For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms and Conditions Agreement.
So and So Arts Club reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, including without limitation access policies, the availability of any feature of the Service, hours of availability, content, data, software or equipment needed to access the Service, effective with or without prior notice; provided, however, that material changes as determined in So and So Arts Club sole and absolute discretion.
If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Service and the Account. Your continued use of the Service following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
So and So Arts Club may change, modify, suspend, or discontinue any aspect of the Service at any time. So and So Arts Club may also impose limits on certain features or restrict your access to parts or all of the Service without notice or liability.
This Agreement is effective until terminated. You may terminate this Agreement by terminating the Account. In the event that you terminate or breach this Agreement, So and So Arts Club may terminate this Agreement with or without notice.
It is the responsibility of the User to terminate or cancel the recurring payments prior to the pre-arranged debiting date as organised through Paypal. In the event that the User does not successfully cancel the recurring payment prior to the debiting date, the So and So Arts Club operates a no refund policy.
These terms, the site, the Content and all use of them shall be governed by English Law, and you and So and So Arts Club submit to the exclusive jurisdiction of the English courts (save that So and So Arts Club may take action in relation to enforcement of its intellectual property rights in any court worldwide).
Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent that local laws are applicable. You may not use the So and So Arts Club site to do anything that is not lawful in the page where you access the site.
The words ‘The So and So Arts Club ‘ and the So and So Arts Club logo are trademarks of The So and So Arts Club Ltd.
THE SERVICE IS PROVIDED “AS IS” AND So and So Arts Club DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. So and So Arts Club EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT.
Limitation of Liability
NEITHER So and So Arts Club, ITS SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION; INTERRUPTIONS OF SERVICE INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE.
IN NO EVENT WILL So and So Arts Club BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
The So and So Arts Club shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of So and So
Arts Club including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond So and So Arts Club”scontrol such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and The So and So Arts Club agree to first attempt to negotiate any Dispute informally for at least sixty (60) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other.
Spam is unsolicited commercial email, that is email which has not been requested by the recipient. Spam messages are the opposite of permission-based emails which are normally anticipated, personal, relevant, and/or associated with a pre-existing business or personal relationship. All emails sent by The So and So Arts Club are permission-based. If you believe you received unsolicited email from So and So Arts Club, please forward a copy of that email with your comments to firstname.lastname@example.org for review.
Messages we send to you are legitimate messages and not spam. If you report a legitimate message as spam, you may be guilty of making a false spam report, which is likely to be in violation of the terms and conditions imposed on you by your email provider or ISP.
False Spam Reporting
We fully support the efforts of various organizations which work to responsibly eliminate spam activities. However, if you have opted-in to receive email from us and/or have supplied your email address by creating a So and So Arts Club Account or joining one of our mailing lists, and then falsely or maliciously file a spam complaint against us, we will cooperate fully with the appropriate agencies and file a false spam report incident with the proper authorities. We may also suspend or delete your So and So Arts Club Account without notice.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement may only be modified as set forth herein.
This Statement makes up the entire agreement between the parties regarding So and So Arts Club, and supersedes any prior agreements. If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of this Statement, it will not be considered a waiver. Any amendment to or waiver of this Statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Statement shall prevent us from complying with the law. This Statement does not confer any third party beneficiary rights.