Terms and Conditions of Service for Art Waiter
Last updated: [14th August, 2023]
1. Acceptance of Terms
1.1 By accessing and using the services provided by artwaiter.com (“The Service”), you (“The User”) agree to be bound by the following Terms and Conditions (the “Agreement”).
1.2 If you disagree with any part of these terms, you must not use our Service. By using the Service, you represent that you have read and understood, and agree to be bound by, this Agreement.
2. Description of Service
2.1 Art Waiter provides various services, including:
- A Community forum
- A Social platform
- Pre-configured websites (subsites) with e-commerce stores
- Ability to host and sell courseware/tutorials
- Additional services as determined by Art Waiter
2.2 The exact nature of these services, including any limitations or additional costs, will be as described on the website or in further communications from Art Waiter.
2.3 Ownership of the subsites remains with Art Waiter and it leased on a per-month basis to The User. There is no facility to export the
3. User Responsibilities
3.1 Users are responsible for all activities on their subsite and must:
- Maintain and update their subsite
- Ensure compliance with legal requirements
- Resolve any disputes with their clients
3.2 Art Waiter holds no responsibility for the content or activities on a User’s subsite.
4. Payment and Billing
4.1 Payments for paid services are recurring and due monthly. Billing details and procedures are as described on the website.
4.2 A three-day trial period and a 3-day grace period for failed payments apply.
4.3 Users can change their plan at any time, with changes taking effect immediately.
4.4 All sales are final, and no refunds will be provided except as required by law.
5. Support Services
5.1 Support services are provided at varying levels, including on-site instructions, AI-controlled help-desk support, community forums, and email support.
5.2 Any technical issues or disputes over service should be addressed directly with support@artwaiter.com.
6. Content and Conduct
6.1 Users must comply with all applicable laws and regulations, including copyright and trademark laws, and are solely responsible for all content on their subsite.
6.2 Users must not post or allow content that is illegal, obscene, defamatory, or otherwise violates the rights of others. Any action or comment deemed inappropriate may result in the immediate suspension of loss of membership without refund.
7. Limitation of Liability
7.1 Art Waiter shall not be liable for any damages or losses arising from the use or inability to use the Service, or from any unauthorized access to or use of our servers and/or personal information stored therein.
8. Termination
8.1 Art Waiter reserves the right to terminate or suspend access to the Service without notice for violations of this Agreement or other conduct harmful to Art Waiter, other Users or third parties.
9. Changes to Terms
9.1 Art Waiter may modify this Agreement at any time, with changes posted on this page or otherwise communicated to users.
10. Governing Law
10.1 This Agreement is governed by the laws of [jurisdiction], without regard to its conflict of law principles.
11. Contact Us
11.1 For any questions, concerns, or disputes, contact us at support@artwaiter.com.
12. Severability
12.1 If any provision of this Agreement is found to be unenforceable, that provision will be severed, and the remaining provisions will continue in full force and effect.
13. Ownership and Limitations of Subsites
13.1 Ownership: Each subsite under artwaiter.com (“Subsite”) remains the property of Art Waiter. While the Subsite may be customized and controlled by The User, ownership and ultimate control remain with Art Waiter. The User’s relationship to the Subsite is akin to that of a lessee and should be treated similarly to a rental arrangement, where the responsibility and liability for all actions, content, and activities on the Subsite are borne solely by The User, subject to local laws and the terms of this Agreement.
13.2 User Responsibilities: The User acknowledges that they are solely responsible for all content and activities on their Subsite, including but not limited to compliance with all applicable laws and regulations. Art Waiter shall bear no responsibility or liability for the content or activities on any Subsite, even though Art Waiter retains ownership of the Subsite.
13.3 Limitations on Use: Subsites are provided as part of The Service and are not independent or separable from artwaiter.com. The User may not export, separate, or otherwise use a Subsite independent of artwaiter.com. The User is restricted from attempting to transfer, sell, or otherwise dispose of their rights to the Subsite without the express written consent of Art Waiter.
13.4 Compliance with Laws: The User must use the Subsite in compliance with all applicable laws and regulations and the terms of this Agreement. Any use of the Subsite outside the bounds of local laws or Art Waiter’s terms of use policy may result in termination of The User’s access to the Subsite and other legal consequences.
13.5 Indemnification: The User shall indemnify, defend, and hold harmless Art Waiter from and against all liabilities, damages, and costs (including settlement costs and legal fees) arising out of any claim by a third party against Art Waiter and its affiliates regarding the content, activities, or operation of The User’s Subsite.
The following are the Terms & Conditions you agree to in the operation of your subsite in regard to the interaction with your client(s).
These terms and conditions (the “Terms”) govern your use of the website (artwaiter.com) for the purchase and sale of art created by Artificial Intelligence (the “Service”) and by each artist (the “Artists”). All persons using the Service are bound by these Terms & Conditions. Please read them carefully. User Agreement
- The Service is provided by artwaiter.com, which is not responsible for the creation or sale of art on it’s platforms subsites.
- The Artists are solely responsible for the accuracy and quality of their content, and for all disputes that may arise from any art purchased.
- All art purchased from the Artists via the Service’s subsites is provided “as is” and without any warranties or guarantees, express or implied except where otherwise stated by the Artist.
Refunds
- The Artists are responsible for any refunds or replacements that may be necessary due to defects in the art purchased.
- Any refund (in part or full) is at the discretion of the individual artist.
- Refunds will be issued in the form of the original payment.
- If approved, your refund will be processed and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days
Late or missing refunds
- If you haven’t received a refund yet, first check your bank account again.
- Then contact your bank/credit card company, it may take some time processing before your refund is officially posted.
- If you’ve done all of this and you still have not received your refund yet, please contact the artist directly.
Exchanges
If your artist has offered a physical product (ie, a print or merchandise), it is at their discretion as to replacing items. Such products are often produced by 3rd parties with their own exchange/refund policies and your artist may act on your behalf to rectify any defect or damage. If the items purchased are defective or damaged, get in touch with your artist directly using the contact details they provided.
Shipping returns
To return your product, you should mail your product to: {physical address}.
You will be responsible for paying for your own shipping costs for returning your item. Shipping costs are non-refundable. If you receive a refund, the cost of return shipping will be deducted from your refund.
Depending on where you live, the time it may take for your exchanged product to reach you may vary.
If you are returning more expensive items, you may consider using a trackable shipping service or purchasing shipping insurance. We don’t guarantee that we will receive your returned item.
Intellectual Property
- The Service and all content on the main site is the property of artwaiter.com, and is protected by applicable copyright, trademark, and other intellectual property laws.
- All services and content on the subsites are the property of the Artists, and is protected by applicable copyright, trademark, and other intellectual property laws.
- The copyright in any art purchased through the Service remains with the Artist and/or the original artist(s) where information may have been scraped by Large Language Models.
Contacting the Artist
- The Artist is solely responsible for any issues regarding the sale, quality and delivery of their art.
- Users should contact the Artist directly for any questions or concerns related to the art.
These Terms are subject to change without notice. If you have any questions about these Terms, please contact us at suppoort@artwaiter.com
Who we are
Our website address is: http://artwaiter.com.
We provide a platform for AI Artists/Composers to showcase, promote, store and sell their art.
Comments
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Who we share your data with
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How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website, we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except for information that they cannot change (for example, their username, due to technical network reasons). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where your data is sent
Visitor comments may be checked through an automated spam detection service.
Need help?
Contact us at support@artwaiter.com for questions related to refunds and returns that are otherwise not addresses in this article.