Terms of Service for Artizan.tv

LAST UPDATED: November 15, 2024

Thank you for your interest in Artizan.tv, Inc. ("Artizan.tv," "we," or "us") and our platform at www.artizan.tv, including our website, related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Artizan.tv regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING "I ACCEPT," OR BY REGISTERING, LOGGING IN, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ARTIZAN.TV'S PRIVACY POLICY AND OTHER POLICIES REFERENCED HEREIN (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND ARTIZAN.TV'S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY ARTIZAN.TV AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND ARTIZAN.TV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Artizan Services Overview

Artizan.tv offers two distinct service offerings during its pre-launch and live operations. The first is the "Artizan Marketplace," an online marketplace where users ("Buyers") may discover, browse, and purchase digital content and assets ("Products") sold directly by other users ("Creators"). The second is "Artizan Commerce," a standalone payments infrastructure service that allows Creators to sell identical Products on their own websites, social media channels, or other third-party platforms without requiring Buyers to visit the Artizan Marketplace. All Products are provided solely by the applicable Creator, and Artizan.tv merely facilitates hosting, payment processing, streaming, and distribution. Artizan.tv does not produce, endorse, guarantee, or assume any liability for the quality, legality, or performance of any Creator's Products.

2. Eligibility

To register for or use any part of the Service—whether as a Creator, Affiliate, or Buyer—you must be at least sixteen (16) years old or the minimum age required in your jurisdiction to form a binding contract. By accepting these Terms and accessing the Service, you represent and warrant that you meet this age requirement, that you have not been previously suspended or removed from the Service, and that your registration and use comply with all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have the legal authority to bind that organization to these Terms.

3. Accounts, Registration & Ownership

Many features of the Service—including uploading or purchasing Products, managing payouts, and participating in the optional Pulse affiliate program—require an Artizan.tv account. To create an account, you must provide accurate, complete, and current information, including your legal name, a valid email address, and any additional details we may request. You may also link external payment accounts—such as Stripe—("Linked Accounts") to facilitate sales and revenue disbursement. You represent and warrant that you own or are authorized to use any Linked Accounts and that the information you provide is accurate and up to date. You agree to maintain the confidentiality of your account credentials and to notify Artizan.tv immediately if your account has been compromised.

Account Ownership & Primary Linked Account

The individual or entity that first links a payment method to your Artizan.tv account via a Linked Account is deemed the Account Owner and is entitled to all revenues credited to that Account. Only the Account Owner may request removal, replacement, or modification of Linked Accounts. If the primary Linked Account is removed at the Account Owner's direction, any subsequent Linked Account you link will assume Owner status. Artizan.tv does not mediate disputes over Account or revenue ownership; such conflicts must be resolved between the affected parties.

Account Verification (KYC) Requirements

KYC Process. In order to have access to the payment services provided as part of the Services, including the ability to receive payments for transactions conducted on the Artizan Marketplace, through Artizan Commerce, or otherwise involving the Services, you must complete all required identity verification and compliance checks with our third-party payment service provider ("PSP"), including, but not limited to, the processes required by Stripe to facilitate your access to the funds paid to you. You agree to provide accurate and up-to-date information and documentation as requested by the PSP or by Artizan.tv in connection with these verification requirements.

Approval by PSP. You acknowledge and agree that successful completion of KYC is subject to the PSP's internal approval process, which Artizan.tv does not control. If the PSP refuses to approve or later revokes your KYC status or access to the PSP services for any reason, Artizan.tv may (i) prohibit you from withdrawing funds, (ii) suspend or terminate your account, and/or (iii) take such other actions as may be directed by the PSP or required under applicable law or these Terms.

Ongoing Compliance. From time to time, Artizan.tv or the PSP may request additional information to ensure continued compliance with legal, regulatory, and contractual obligations. Failure to promptly comply with any such request may result in withheld funds, suspension of your account, or other remedial measures.

Not a Financial Institution. Artizan.tv is not a financial institution and does not provide you with any financial products and services. Artizan.tv partners with the PSP to (i) manage user onboarding and KYC and (ii) provide the processing and settlement services related to payment services and related features of the Artizan Marketplace, Artizan Commerce, Creator-to-Creator Payments, Pulse commissions, or other Services.

4. General Payment Terms

Certain features of the Service, including the sale or purchase of Products, may require you to pay fees. Before you incur any fees, you will have an opportunity to review and accept the fees you will be charged. All fees are denominated in the stated currency or other means of payment and are non‑refundable unless otherwise specifically provided in these Terms.

Price. Artizan.tv reserves the right to determine pricing for the Service and any fees it charges on transactions conducted through the Service. We will make reasonable efforts to keep published pricing information up to date. You are encouraged to review our pricing page periodically for current rates. Artizan.tv may change or introduce new fees for any Service feature, provided we give you advance notice before such changes take effect. At our sole discretion, we may also offer promotional pricing or feature sets to specific users; unless you are expressly notified, such promotions will not apply to your Account or these Terms.

Authorization. You authorize Artizan.tv and its third‑party payment processors (including Stripe) to charge all sums for your orders, subscriptions, and any other fees described in these Terms. If you pay by credit or debit card, we may seek pre‑authorization of your payment method to verify the availability of funds or credit. When you save a payment method or Linked Account as part of your Account, you authorize its use for payment of fees and charges related to your use of the Service.

Platform Fee and Creator Share

Artizan.tv operates an 85/15 revenue split. After each sale, 85% of the gross sale price is credited to the Creator's Account ("Creator Share"), and 15% is retained by Artizan.tv as the platform fee ("Platform Fee"). Artizan.tv covers all Stripe processing fees; neither the Creator Share nor the Platform Fee is reduced by transaction processing charges.

Service Fee

In addition to the Platform Fee and Creator Share, Artizan.tv may charge Buyers a non‑refundable Service Fee to support operational costs, including customer support, dispute resolution, hosting, and maintenance. The Service Fee will be clearly disclosed at checkout and does not affect the Platform Fee or Creator Share.

Sales, Use, and Similar Taxes

Artizan.tv may be required to collect sales, use, value‑added, or other similar taxes on transactions. When applicable, such taxes will be shown at checkout, collected at purchase, and remitted to the appropriate tax authorities by Artizan.tv or the Creator, as required by law.

Withholding Taxes

In its capacity as merchant of record for certain transactions, Artizan.tv may be obligated to withhold taxes from amounts payable to Creators. We will withhold any federal, state, local, or foreign taxes as required by applicable law. When Artizan.tv is not the merchant of record, Artizan.tv does not collect, report, or remit taxes on behalf of Creators.

Artizan Credits

You will be able to view all amounts owed to you in the form of "Artizan Credits" on your Artizan.tv account. Artizan Credits represent funds held in an account owned and controlled by you with a PSP, such as Stripe. The funds underlying Artizan Credits may be used to purchase Products and may be converted to the equivalent amount of U.S. Dollars and withdrawn by you through your account with the PSP. In certain circumstances, Artizan.tv may permit Artizan Credits to be transferrable when being used to pay for Products through the Artizan Platform. Otherwise, Artizan Credits are generally not transferrable. Artizan Credits do not represent cash or funds held by Artizan.tv on your behalf and have no cash value, other than as held in your account with the PSP.

5. Pulse Affiliate Program

Pulse is Artizan.tv's optional, creator‑controlled affiliate platform designed to turn every sale into a growth opportunity. Creators who opt in to Pulse can designate a specific percentage of their Creator Share—up to the full 85%—to fund affiliate commissions on eligible sales.

How Pulse Works

Once a campaign is configured, prospective Affiliates submit applications, providing details about their promotional channels, audience demographics, and past performance metrics. Creators review and approve or decline applicants based on fit, engagement rates, or geographic reach. Approved Affiliates receive unique, trackable referral links or codes that they can distribute across social media, blogs, email newsletters, or other marketing channels.

Commission Structure

As purchases occur through these links, Artizan.tv's tracking infrastructure attributes confirmed sales to the appropriate Affiliate, calculating commissions in real time. Pulse operates on a 30‑day tracking window from the date of click to completed purchase; any qualifying transaction within this window generates a commission.

Fraud Protection

To safeguard against abuse, refund surges, or illegitimate referrals, Artizan.tv leverages advanced fraud‑detection measures, including IP anomaly analysis, device fingerprinting, and chargeback monitoring. We maintain a reserve of up to 10% of each campaign's total Pulse fund to ensure that all valid claims can be honored, even if subsequent refunds or disputes arise.

Creator Control

Creators maintain full control over campaign parameters—commission rates, tracking windows, and approval criteria—and can pause, adjust, or terminate campaigns at any time. At no point does Artizan.tv's Platform Fee contribute to the Pulse fund; all commissions are paid exclusively from the Creator Share.

6. Purchases, Subscriptions & Refunds

Artizan.tv empowers Buyers with flexible purchasing models to suit diverse content consumption preferences. Creators may offer Products as one‑time purchases, granting perpetual access to digital assets once payment is completed. Alternatively, Creators can establish Subscription Products, which automatically bill Buyers on a recurring basis—monthly, quarterly, or annually—until the Buyer elects to cancel prior to the renewal date.

Subscription Products

The Service may include certain subscription-based Products, or certain aspects of the Service itself may result in automatically recurring payments for periodic charges ("Subscription Products" and such charges, the "Subscription Fee"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Subscription Product. Your access to the Subscription Product will begin on the Subscription Billing Date and continue for the subscription period specified when you make your purchase (such period, the "Initial Subscription Period").

Some subscriptions may automatically renew for additional periods if specified in the Subscription Product description unless you cancel the Subscription Product or the Creator or we terminate it. If you activate a Subscription Product, then you authorize Artizan.tv or its third-party payment processors to save, store, or otherwise maintain the payment method you have provided for the Subscription Product and periodically charge such payment method for all accrued sums.

YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

One-Time Payment Products

Certain Products offered through the Service are available for purchase through a single, non-recurring payment (each, a "One-Time Payment Product"). Your access to a One-Time Payment Product begins immediately upon successful completion of payment and will continue for the period described in the Product's description. For clarity, a One-Time Payment Product does not renew, and no additional charges will occur unless you separately initiate another purchase.

Refunds and Chargebacks

Creators may define their own refund and cancellation policies within applicable legal limits. In the event of a refund or chargeback, Artizan.tv will deduct the refunded amount and any associated fees (including Stripe fees) from the Creator's next payout. If funds are insufficient, the Creator agrees to reimburse Artizan.tv promptly upon request. Artizan.tv may hold or delay payouts to resolve disputes or prevent fraudulent chargebacks.

High Chargebacks and Dispute Thresholds

Established Creators (50 or more lifetime transactions or over US $5,000 in total lifetime gross merchandise value) must maintain a bank dispute rate of less than 2%. New Creators (fewer than 50 lifetime transactions and under US $5,000 in lifetime GMV) must maintain a bank dispute rate of less than 5%. If your dispute rate exceeds the applicable threshold, Artizan.tv may immediately place your account on up to a 100% reserve, meaning that you will not be able to withdraw or otherwise access your funds.

7. Licenses

Limited License

Subject to your complete and ongoing compliance with these Terms, Artizan.tv grants you, exclusively for your personal use, a time limited, non-exclusive, non-transferable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service on a mobile device that you own or control; and (b) access and use the Service. The foregoing license does not include a license to any Products, which will be granted by the applicable Creator, if at all.

License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism.

Feedback

If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Artizan.tv an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.

8. Ownership; Proprietary Rights

The Service is owned and operated by Artizan.tv. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service, but excluding any Products, provided by Artizan.tv ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of Artizan.tv or its third-party licensors. Except as expressly authorized by Artizan.tv, you may not make use of the Materials.

9. Third-Party Terms

Third-Party Services and Integrations

Artizan.tv may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Twitter or Instagram, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you hereby authorize Artizan.tv to transfer that information to the applicable third-party service. Third-party services are not under Artizan.tv's control, and, to the fullest extent permitted by law, Artizan.tv is not responsible for any third-party service's use of your exported information.

Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses.

10. User Content

User Content Generally

Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Service, including Product images, descriptions, reviews, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

Limited License Grant to Artizan.tv

By Posting User Content to or via the Service, you grant Artizan.tv a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed.

Content License

Creators retain ownership of their content but grant Artizan.tv a worldwide, non‑exclusive, royalty‑free license to host, reproduce, distribute, display, and promote their content in connection with the Service. Buyers receive only the usage rights specified by the creator upon purchase. You agree not to infringe any third‑party rights by uploading or sharing content.

User Content Representations and Warranties

You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. By providing User Content via the Service, you affirm, represent, and warrant that:

  • you are the sole author, creator, and owner of the User Content and intellectual property and proprietary rights thereto, or have the necessary licenses, rights, consents, and permissions to authorize Artizan.tv and users of the Service to use and distribute your User Content;
  • your User Content is honest, truthful, and accurate to the best of your knowledge;
  • your User Content does not and will not infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right.

11. Communications

Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.

Email

We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.

12. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

  • Use the Service or sell any Products for any illegal purpose or in violation of any local, state, national, or international law;
  • Use the Service to sell any alcohol, drugs, substances designed to mimic alcohol or drugs, or equipment designed for making or using alcohol or drugs;
  • Use the Service to sell any Products that a reasonable person might deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
  • Violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or proprietary right;
  • Interfere with security-related features of the Service;
  • Interfere with the operation of the Service or any user's enjoyment of the Service;
  • Use the Service to send or receive personal or peer-to-peer money transfers unrelated to an actual product or service transaction;
  • Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, or accessing any other Service account without permission.

13. Intellectual Property Rights Protection

Respect of Third Party Rights

Artizan.tv respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

DMCA & Copyright Policy

We comply with the DMCA. If you believe your copyright is infringed, send a written notice to legal@artizan.tv with required elements. Repeat infringers will be terminated. Counter‑notification procedures follow 17 U.S.C. § 512.

DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rightsrelated complaint about any material on the Service, you may contact our Designated Agent at legal@artizan.tv.

Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent containing:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  • a description of the copyrighted work or other intellectual property right that you claim has been infringed;
  • a description of the material that you claim is infringing and where it is located on the Service;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized;
  • a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on behalf.

14. Privacy

Our Privacy Policy (www.artizan.tv/privacy) describes how we collect, use, and disclose personal data. By using the Service, you agree to our data practices.

15. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service.

16. Term, Termination, and Modification of the Service

Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this Section.

Termination

We may suspend or terminate your account at any time, with or without cause or notice. Termination does not affect accrued rights or obligations. Sections 5–8, 10, 12, 13, 16–19, and any other provisions that by their nature survive, will survive termination.

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Artizan.tv may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice.

Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Artizan.tv any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination will survive.

17. Indemnification

You agree to indemnify and hold Artizan.tv and its affiliates harmless from any claims, liabilities, damages, losses, or expenses arising out of your use of the Service, your content, or any breach of these Terms. To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Artizan.tv, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service or any Product; (2) your violation of any portion of these Terms; (3) your violation of any third-party right, including any intellectual property right or privacy right; or (4) any dispute regarding any Product.

18. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON‑INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED OR ERROR‑FREE OPERATION.

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. ARTIZAN.TV DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE.

ALL PRODUCTS ARE PROVIDED SOLELY BY THE APPLICABLE CREATOR. ANY PURCHASE OR SALE OF PRODUCTS IS ONLY FACILITATED BY ARTIZAN.TV. YOU AGREE THAT ARTIZAN.TV WILL NOT HAVE ANY LIABILITY TO YOU REGARDING THE USE OR FUNCTION OF ANY PRODUCT.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARTIZAN.TV'S AGGREGATE LIABILITY FOR ANY CLAIM ARISING HEREUNDER WILL NOT EXCEED THE PLATFORM FEES PAID BY YOU IN THE SIX MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL ARTIZAN.TV BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ARTIZAN.TV BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.

20. Dispute Resolution and Arbitration

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ARTIZAN.TV ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Generally

These Terms are governed by Delaware law. Except for small‑claims court matters, all disputes will be resolved by binding arbitration in Wilmington, Delaware, under AAA rules, in English, on an individual basis. Except as described in the exceptions below, you and Artizan.tv agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, and is subject to very limited review by courts.

Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by sending a letter to Artizan.tv, Inc., Attention: Legal Department – Arbitration Opt-Out, at legal@artizan.tv that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration.

No Class Actions

YOU AND ARTIZAN.TV AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

21. Miscellaneous

General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Artizan.tv regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent.

Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Artizan.tv submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Wilmington, Delaware for resolution of any lawsuit or court proceeding permitted under these Terms.

Privacy Policy

Please read the Artizan.tv Privacy Policy carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Contact Information

The Service is offered by Artizan.tv, Inc. You may contact us by emailing us at legal@artizan.tv.