1. User Liability
1.1 Full Responsibility for Conduct and Content
Users and Artists (“Users”) are fully and exclusively responsible for:
- The accuracy, legality, and completeness of any content they upload
- Copyright ownership and permissions for all materials provided
- Compliance with all applicable local, national, and international laws
- Their conduct, actions, and interactions on or off the Platform
- The safety and conditions of any physical studio space (for Artists)
- Any information provided for bookings, visits, or communications
Art Unlock Inc. (“Art Unlock”, “we”, “us”, “our”) does not verify, moderate, endorse, or guarantee User-generated content.
1.2 Liability for Misuse or Violations
Users agree that they may be held personally liable for any damages, losses, or claims arising from:
- Intellectual property violations
- False representation or fraudulent information
- Safety hazards or undisclosed studio conditions
- Misuse of the Platform or its services
- Disputes between Users, including but not limited to issues arising during Studio Visits
- Violations of Art Unlock’s Terms & Conditions, Privacy Policy, or Copyright Policy
1.3 Platform Non-Liability
Art Unlock is not responsible for:
- Injuries, damages, losses, or incidents that occur during a Studio Visit
- The behavior, conduct, or negligence of any User
- The accuracy or reliability of any content uploaded by Users
- Third-party disputes, visits, transactions, or agreements
- Studio access conditions, safety hazards, or entry instructions
- Any actions taken by Users outside the Platform
Art Unlock acts solely as a facilitator and is not a party to User-to-User interactions or agreements.
2. Indemnification
By using the Platform, you (“User”) agree to defend, indemnify, and hold harmless Art Unlock Inc., including its officers, directors, employees, contractors, licensors, and affiliates, from and against any and all:
- Claims
- Liabilities
- Damages
- Losses
- Legal fees
- Costs
- Judgments
- Settlements
arising out of or connected to:
- Your content
- Your conduct
- Your interactions with other Users
- Your participation in Studio Visits
- Your violation of this Agreement or any applicable law
- Any action or inaction that results in harm to another person
This obligation survives termination of your account and continues to apply to past actions.
3. Disclaimer of Warranties
THE PLATFORM AND ALL SERVICES PROVIDED BY ART UNLOCK ARE OFFERED STRICTLY "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
Art Unlock does not warrant or guarantee:
- Uninterrupted or error-free operation of the Platform
- Accuracy, completeness, or reliability of any content
- That Studio Visits will occur or meet expectations
- That Users or Artists will behave safely, professionally, or lawfully
- That the Platform will always be secure, virus-free, or available
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL WARRANTIES ARE EXPRESSLY DISCLAIMED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
4. Limitation of Damages
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: ART UNLOCK INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
This includes, but is not limited to:
- Loss of profits
- Loss of data
- Loss of goodwill
- Business interruption
- Personal injury
- Property damage
- Harm arising from the use or inability to use the Platform
Maximum Liability Cap
In no event shall Art Unlock’s total liability exceed the amount, if any, paid by the User to Art Unlock in the preceding 12 months.
If no payment was made, the maximum liability is $0.
Users understand and agree that this limitation is fundamental to the business model of the Platform.
5. Governing Law & Arbitration
5.1 Governing Law
This Policy and all related disputes are governed by the laws of the United States and the State of New York, without regard to conflict-of-law principles.
5.2 Required Pre-Arbitration Resolution
Before initiating arbitration, parties agree to:
- Attempt good-faith resolution via written communication
- Allow at least 30 days to resolve the dispute
5.3 Binding Arbitration
If unresolved, the dispute must be submitted to binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
- Location: New York, NY
- Language: English
- Arbitrator’s decision is final and binding
- Each party bears its own legal costs
- Judgment may be entered in any court of competent jurisdiction
5.4 Class Action Waiver
Users agree to resolve disputes individually, and not as plaintiffs or participants in any:
- Class action
- Collective action
- Representative proceeding
This waiver is legally binding and enforceable.
5.5 Injunctive Relief
Art Unlock may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, data, or proprietary rights.
6. Contact Information
Art Unlock Inc.
Email: legal@artunlock.art
Address: New York, United States
Jurisdiction: New York, United States