Artist Portal Terms of Use

Effective Date: September 1, 2024

ArtistPortal.Studio Terms of Use

Introduction

Welcome to ArtistPortal.Studio (“Studio,” “we,” “us,” “our”). By accessing or using our websites, applications, and other products and services (collectively, the “Services”), you agree to be bound by these Terms of Use (“Terms”), including our Privacy Policy. If you do not agree to these Terms, please do not use our Services. In addition, you (and any data subject in your organization that is, or is likely to be, affected by the arrangements set out in these Terms & Conditions) should also read the Privacy Policy (available https://artistportal.studio/privacy-policy) before submitting personal data to us. Whenever you (or any of your data subjects) submit personal data to us, you consent to the collection, use and disclosure of that data in accordance with the Privacy Policy.

By clicking on the “Agree” button, you (a) acknowledge that you have carefully read and understand these Terms & Conditions, the Privacy Policy and any website privacy and cookie policies and consulted with your own business and legal advisors; and (b) accept and agree that you will be legally bound by them. This agreement is made by you by clicking “Agree” below.

If you do not agree to these Terms & Conditions, please select the “Decline” button below. If you do not accept these terms, you may not access or use the STUDIO services.

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

Account Registration

To access certain features of our Services, you may be required to register for an account. You agree to:

• Provide accurate, current, and complete information during the registration process.
• Maintain and promptly update your account information to keep it accurate, current, and complete.
• Maintain the security and confidentiality of your password and account.
• Notify us immediately of any unauthorized use of your account or any other breach of security.

Opt-In for Communications

By using Studio’s sites and services, users agree to opt-in to receive communications from Studio. This includes emails, notifications, and updates about opportunities, events, and other relevant information. When you become part of the Studio community, you consent to these communications as part of your engagement with our platform. Users can manage their communication preferences through their account settings, ensuring they receive the most pertinent information while respecting their privacy.

User Conduct

You agree not to engage in any of the following prohibited activities:

• Using our Services for any illegal purpose or in violation of any local, state, national, or international law.
• Posting, uploading, or distributing any content that is unlawful, defamatory, libelous, obscene, pornographic, harassing, threatening, or otherwise objectionable.
• Violating, or attempting to violate, the security of our Services.
• Interfering with the operation of our Services or any user’s enjoyment of the Services, including by means of hacking or defacing any portion of the Services.
• Using any robot, spider, scraper, or other automated means to access our Services for any purpose without our express written permission.
• Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

User Content

You retain ownership of any intellectual property rights that you hold in the content you upload, submit, or share through our Services (collectively, “User Content”). By uploading, submitting, or sharing User Content, you grant Studio a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Studio’s (and its successors' and affiliates') business, including for promoting and redistributing part or all of the Services.

You represent and warrant that:

• You own the User Content or have the necessary licenses, rights, consents, and permissions to grant the above license to Studio.
• The User Content does not and will not infringe, misappropriate, or violate a third party’s intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You hereby grant Studio the right, solely in order to exploit and promote the Site and any User Content, to use: (i) artists’ names, trademarks, logos, likenesses, photographs and biographical material, and (ii) album and production artwork, video stills, thumbnail images, your name(s), likeness(es) and biographical material; but solely to the extent delivered or otherwise approved by you.

Your Obligations

You are solely responsible, at your cost, for the creation and delivery to Studio of all User Content. Studio will not remix, re-master, edit or alter any audio recording (except as required for technical or timing reasons), without your prior written approval. You are responsible for audio and video encoding costs prior to delivery. 

In connection with exploitation of the User Content under this Agreement, you are solely responsible for all costs and expenses (other than storage costs in connection with the User Content), and any obligations or liabilities to third parties related to the exploitations authorized in this Agreement. For example, you are responsible for (a) taxes that you owe; (b) clearing the rights of and paying amounts due to any third party or other persons who contributed to the User Content; (c) amounts due to any party for samples, or for footage in the User Content; (d) music publishing licenses, including synchronization, lyric use and mechanical licenses to the extent not covered by the Outlets; (e) any advertising, marketing or promotion you choose to do; and (f) sound recording and artwork clearances. Without limiting your warranties or your indemnification obligations, if you no longer have the necessary rights to any of the User Content, or if your User Content is the subject of any third-party claim, you must promptly inform Studio in writing to contact@artistportal.studio.

You will not, and will not authorize or encourage any third party to, directly or indirectly manipulate streams or queries, or generate impressions of or clicks on any ad(s), through any automated, deceptive, fraudulent or other invalid means, including by way of repeated manual clicks, the use of “bots,” the hijacking of accounts or otherwise. You acknowledge that doing so may result in the removal of some or all of your User Content from our Sites, as well as the withholding of royalties by any performing rights organization or other collection society. In addition, in no event will you represent yourself as Studio’s representative, or use any of our trademarks without express permission, or represent yourself as affiliated or connected with us in any way that is not strictly accurate, whether in connection with this Agreement or otherwise. If Studio believes in good faith that you have violated these Terms of Use and/or its Privacy Policy, we may: (i) issue take-downs of any offending User Content; (ii) terminate your account and/or subscription(s); and/or (iii) terminate this Agreement upon notice to you, with immediate effect.

Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Studio, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Premium-Members Terms of Use

In addition to the general terms of use applicable to all users of Studio’s sites, Premium members enjoy additional privileges and, therefore, must comply with additional terms. Premium members may engage in unlimited collaborations with other users, within reasonable usage limits. The use of bots or automated programs to impose unreasonable loads on our servers, to be determined at Studio’s sole discretion, is strictly prohibited. Each Premium membership account is intended for use by a single individual; sharing the account with others is strictly prohibited. Multiple individuals using the same Premium membership may result in the suspension of privileges. Compliance with these terms ensures the integrity and exclusive benefits of Premium membership. 

Using Artificial Intelligence

We value the integrity of creative works and strive to support and protect the rights of human artists in our community. Studio does not permit the upload or distribution of User Content—such as audio recordings, music, samples, or other data—that is solely created by artificial intelligence (AI) without significant human contribution. This policy ensures the originality and authenticity of creative works on our platform.  

Users must comply with current legal guidelines regarding the protectability of AI-generated content, ensuring all User Content includes meaningful human artistic input. Users are solely responsible for ensuring that any data uploaded to the site does not infringe upon any third-party rights through the use of AI-assisted technology. Studio is not liable for any claims of infringement arising from such User Content. 

Studio reserves the right to evaluate and make a final determination on the nature of any uploaded content and whether it meets Studio’s standards concerning AI-assisted audio recordings. Any determination made by Studio, whether favorable or not to you, shall be final and unappealable. While some AI-generated elements may meet Studio’s standards, Studio shall not be liable for any claims, including those based on infringement, related to AI-generated User Content. Failure to comply with this policy may result in the removal of content and potential account suspension. 

Intellectual Property

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Studio, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Digital Millennium Copyright Act of 1998 (“DMCA”) 

Studio respects the intellectual property rights of others and expects users of our Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and where it is located on the Services;
• Your contact information, including your address, telephone number, and email address;
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Designated Copyright Agent: copyrights@artistportal.studio

Payment Terms

Certain features and subscriptions of the Services may require payment. You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Studio may revise the pricing for products and services offered through the Services at any time. All payments and fees are non-refundable unless otherwise expressly provided in these Terms.

Termination

We may terminate or suspend your account and access to the Services, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Services will immediately cease. Upon termination of your account, you may simply discontinue using the Services. If you delete your account or otherwise stop, suspend, or cancel your subscription, we’ll initiate deletion of this information after 30 days. After that time, any files remaining in your account are marked for permanent deletion in our system and are removed from our storage servers. Once they’ve been deleted, they can no longer be recovered or restored. But please note: (1) there might be some latency in deleting this information from our servers and back-up storage; and (2) we may retain this information if necessary to comply with our legal obligations, resolve disputes, or enforce our agreements.

Disclaimers

The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Studio makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, or materials included on the Services. To the fullest extent permissible by applicable law, Studio disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. Studio does not warrant that the Services, its servers, or email sent from Studio are free of viruses or other harmful components.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Studio, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use or inability to use the Services.

Indemnification

You agree to defend, indemnify, and hold harmless Studio, its affiliates, licensors, and service providers, and each of their respective stockholders, predecessors, successors, assigns, agents, directors, officers, attorneys, employees and representatives) against any expenses or losses (including reasonable attorneys’ fees and litigation expenses) resulting from any third-party claim arising from a breach, or a claim which if true would constitute a breach (any such claim, whether or not asserted in a formal legal action, a “Claim”), of any of your representations, warranties or obligations, including any claim asserting copyright infringement, property rights, infringement based on the use of AI-assisted technology, and any other third party claims that may arise out of or result from your use (or misuse) of Studio’s site. You will (unless expressly directed otherwise by Studio in writing on a case-by-case basis) be responsible for defending against any such Claim and for engaging counsel at your cost without any liability for the same being placed on Studio, and you will at your cost use best efforts to cause Studio to be dismissed from any proceedings. You may not settle or resolve any Claim in a manner that imposes any liability or obligation on Studio, or affects Studio’s rights, without Studio’s prior written approval. For purposes of clarity, Studio may cease distribution and take down any Properties that become subject to a Claim, and withhold payments to you in an amount reasonably related to the Claim and potential associated expenses and damages.

Representations and Warranties

You warrant, represent, covenant, and agree the following: You have the full right and authority to enter into, perform all of your obligations under, and grant the rights granted in accordance with this Agreement; you have the right to grant to Studio all rights you purport to grant hereunder or are required to be granted in accordance with these Terms; Studio’s exercise of its rights hereunder and use of User Content as per these Terms will not violate any law or regulation of any country nor violate or infringe upon the rights of any third party and you have a valid and enforceable agreement with, and have obtained all necessary licenses, clearances and rights from, all third parties whose work, performances or services are embodied in any User Content to allow you to grant the rights granted in accordance hereof; none of the User Content contain material which is criminally obscene or defamatory, that may expose Studio to civil or criminal proceedings, or that otherwise violate community standards in particular countries; all metadata, label copy, credits and similar information supplied by you is complete and accurate in all respects; you will not (and, where relevant, you will procure that artists will not) assert any “moral rights” arising in connection with these Terms against Studio, its licensees or agents authorized by Studio (whether under a specific or blanket license); that you are at least 18 (eighteen) years of age as of the date of your application via the Studio website; and if you are sales tax registered, you will inform Studio in writing (via email). You will comply with all applicable laws (including the General Data Protection Regulation (GDPR EU 2016/679) and the California Consumer Privacy Act (CCPA)), rules (such as BPI and IFPI guidelines), and regulations, including the application of parental advisory or other warnings or designations. Studio will not be required to make any payments of any nature to any third party for or in connection with the exercise or exploitation of rights by Studio under this Agreement.

Force Majeure

If the fulfillment of any of Studio’s obligations is materially hampered due to an event not reasonably within its control (e.g., flood, water damage, power failure, epidemic, pandemic, catastrophe, terrorism, strike, war, failure of technical facilities, etc.), Studio will not be in breach as a result and may, on notice to you, suspend the Terms for the duration of such event. 

Governing Law

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the federal laws of the United States of America and the laws of the State of California, without giving effect to any choice or conflict of law provision or rule.

Dispute Resolution

If any controversy or claim arising out of or relating to this agreement, or the breach of the Terms hereof, cannot be settled through direct discussions, the parties agree to endeavor to first settle the controversy or claim by mediation conducted in the Los Angeles County and administered by Judicial Arbitration and Mediation Services (“JAMS”) under its applicable rules, before commencing any proceedings permitted under this paragraph.  If a dispute is not otherwise resolved through direct discussions or mediation, the controversy or claim, including the scope or applicability of this agreement to arbitrate, shall be resolved by final and binding confidential arbitration conducted in the Los Angeles County, and administered by JAMS in accordance with the Streamlined Arbitration Rules and Procedures of JAMS or subsequent versions thereof, including the optional appeal procedure (the “JAMS Rules,” available at www.jamsadr.com, including, without limitation, the rules providing for limited discovery and other exchange of information and, to the maximum extent permitted by law, the rule providing that each party shall pay pro rata its share of JAMS fees and expenses).  The JAMS Rules for selection of mediators and arbitrators shall be followed, except that the mediator or arbitrator shall be (i) an experienced mediator or arbitrator (as applicable) licensed to practice law in California or (ii) a retired judge.  Notwithstanding the above requirements, if a party files suit in court or files an arbitration before first seeking to mediate, in direct violation of this paragraph, the other party does not have to request mediation to enforce the right to compel arbitration as required under this paragraph.  Upon the conclusion of any arbitration proceedings, the arbitrator shall render findings of fact and conclusions of law and a written opinion setting forth the basis and reasons for any decision reached and shall deliver such documents to each party to the dispute.  The arbitrator shall not have the authority to grant any remedies the parties to any dispute have waived herein. 

Confidentiality

Without Studio’s prior written consent, you may not disclose any of the terms and conditions of this Agreement, any information you learn regarding Studio’s business or proprietary systems, or any data provided to you. This does not include information which (a) is generally available to the public through no wrongful or negligent act or omission on your part; (b) you have received from a third party free to make such disclosure without breach of any legal obligation; or (c) is required to be disclosed pursuant to any statute, regulation, order, subpoena or document discovery request (as to which you will give Studio prompt notice in enough time to enable Studio to seek a court order limiting or otherwise governing such disclosure). Because your obligations under this section are integral to Studio’s business dealings, you agree that Studio is entitled to injunctive relief to enforce them.

Changes to Terms

We may modify these Terms at any time, and will post the most current version on our website. If we make material changes to these Terms, we will notify you by email or by posting a notice on our Services before the changes take effect. By continuing to use the Services after the changes become effective, you agree to be bound by the revised Terms.

Contact Information

If you have any questions about these Terms, please contact us at:

Artist Portal Studio, 4804 Laurel Canyon Blvd. #808 Valley Village, CA 91607

contact@artistportal.studio

Entire Agreement

These Terms constitute the entire agreement between you and Studio regarding the use of the Services and supersede any prior agreements between you and Studio relating to your use of the Services.

Thank you for using ArtistPortal.Studio!