Effective as of 10 June 2020
Welcome to Axis, a charity, membership body and digital platform for artists. Our web and mobile app service, and artist-centric network site aims to enable artists to create, present, collaborate, and support their artistic practice. We are an ethical artist-led platform, based on the needs and values of the artistic community.
Master terms: Welcome, and thank you for your interest in Axis (“Axisweb,” “Axis,” “we,” “our,” or “us”). We are a Registered Charity (no. 1002841) and company limited by guarantee in England and Wales (no 02595018). Our registered office is S9, The Art House, Drury Lane, Wakefield, WF11 8JS.
Additional terms: In addition to the Master Terms, your use of any Services may also be subject to specific terms applicable to a particular Service (“Additional Terms”). If there is any conflict between the Additional Terms and the Master Terms, then the Additional Terms apply in relation to the relevant Service.
Collectively, the Terms: The Master Terms, together with any Additional Terms, form a binding legal agreement between you and Axis in relation to your use of the Services.
Collectively, this legal agreement is referred to below as the “Terms.”
2. Acknowledgement and Acceptance of our Terms
BY CLICKING “I ACCEPT” OR OTHERWISE ACCESSING OR USING ANY OF OUR SERVICES (INCLUDING MEMBERSHIP), YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THE TERMS.
By clicking “I ACCEPT” or otherwise accessing or using any Services you also represent that you have the legal authority to accept the Terms on behalf of yourself and any party you represent in connection with your use of any Services. If you do not agree to the Terms, you are not authorised to use any Services. If you are an individual who is entering into these Terms on behalf of an entity, you represent and warrant that you have the power to bind that entity, and you hereby agree on that entity’s behalf to be bound by these Terms, with the terms “you,” and “your” applying to you, that entity, and other users accessing the Services on behalf of that entity.
3. Changes to these Terms
From time to time, Axis may change, remove, or add to the Terms, and reserves the right to do so at its discretion. In that case we will post updated Terms and indicate the date of revision. If we feel the modifications are material, we will make reasonable efforts to post a prominent notice on the relevant Website(s), Service(s), App(s) and notify those of you with a current Axis account via email.
All new and/or revised Terms take effect immediately and apply to your use of the Services from that date on, except that material changes will take effect 30 days after the change is made and identified as material. Your continued use of any Services after new and/or revised Terms are effective indicates that you have read, understood, and agreed to those Terms.
4. Participating in the Community and Registration
Registration: You agree to (a) only provide accurate and current information about yourself (though use of an alias or nickname in lieu of your legal name is permitted in connection with your profile), (b) maintain the security of your passwords and identification, (c) promptly update the email address listed in connection with your account to keep it accurate so that we can contact you, and (d) be fully responsible for all uses of your account. You must not set up an account on behalf of another individual or entity unless you are authorised to do so.
5. User-generated content
You represent, warrant, and agree that no Content posted or otherwise shared by you on or through any of the Services (“Your Content”), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
We do not own or control the Content posted by users of Axis and do not guarantee the accuracy, integrity or quality of such Content.
You may be exposed to Content posted by other users of Axis that may be offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content posted by any user of Axis or third party, including, but not limited to, liability for infringements of third party rights, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Services.
6. Grant of Licence
You warrant and represent that you either (i) own all right, title and interest to your Content and to any likenesses contained in your Content or (ii) have the legal right to post such Content via Axis and to grant the licence to Us in the following paragraph and other rights referred to in these Terms.
You grant Us a limited licence for the royalty-free, unrestricted, world-wide, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed as part of Axis. Such licence enables Us to feature or use your Content via our Websites, Apps, Services and in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.
If you delete Content, We will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
7. Conduct and Content
You agree not to engage in any of the following activities:
Violating laws and rights:
- You may not (a) use any Service for any illegal purpose or in violation of any local, regional, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
- You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
- You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.
- Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
- Is sexually explicit (e.g., pornography) or proposes a transaction of a sexual nature;
- Is hateful, defamatory, or discriminatory or incites hatred against any individual or group;
- Promotes or supports terror or hate groups;
- Exploits minors;
- Depicts unlawful acts or extreme violence;
- Provides instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
- Depicts animal cruelty or extreme violence towards animals;
- Promotes fraudulent or dubious business schemes or proposes an unlawful transaction;
- Makes false or misleading claims;
- Conveys false or misleading health-related information that has a serious potential to cause public harm;
- Claims that mass tragedies are hoaxes or false flag operations;
- Depicts or encourages self-harm; or
- Violates any applicable law.
Code of Conduct
In using our Services, you may not:
- Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
- Act in a deceptive manner or impersonate any person or organization;
- Harass or stalk any person;
- Harm or exploit minors;
- Distribute “spam” in any form or use misleading metadata;
- Collect personal information about others;
- Access another’s account without permission;
- Engage in any unlawful activity;
- Provide links to sites that contain content prohibited under Content Restrictions; or
- Cause or encourage others to do any of the above.
Impersonation or unauthorised access:
- You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services;
- You may not use or attempt to use another’s account or personal information without authorisation; and
- You may not attempt to gain unauthorised access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.
We do not pre-screen, monitor, review or edit the Content posted by users of the Services. However, We and Our agents have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to Us.
You agree to immediately notify Us of any unauthorised use of the Services or any other breach of security that you know or suspect.
9. Subscriptions, Fees and Payments
By choosing to subscribe as a member or to any of our paid-for services you agree to pay Axis the monthly, annual or one-off fee indicated for that service. Payments will be charged on a pre-pay basis the day you subscribe and will cover the use of that service as indicated.
We will notify you when a subscription is due for renewal. It is your responsibility to renew the applicable subscription before it expires in order to avoid any interruption or access to the Service.
If you are not happy with your Axis subscription, send a refund request to email@example.com within 14 days of your purchase. After this date any refunds will be at Axis’s sole discretion.
10. Intellectual Property
This Agreement does not transfer from Axis to you any Axis or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Axis. Any trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Axis or Axis’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Axis or third-party trademarks.
Axis reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes. Axis may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement and Additional Terms
Axis may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Axis account, you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Disclaimer of Warranties
The Service is provided “as is”. Axis and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Axis nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
14. Limitation of Liability
In no event will Axis, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Axis under this agreement during the twelve (12) month period prior to the cause of action. Axis shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
15. General Representation and Warranty
You agree to indemnify and hold harmless Axis, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between Axis and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorised person of Axis, or by the posting by Axis of a revised version.
This Agreement is not assignable, transferable or sub-licensable except with Axis’s prior written consent.
This Agreement shall be governed by and construed in accordance with the laws of England, Northern Ireland, Scotland and Wales without regard to the conflict of law provisions thereof.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Axis in any respect whatsoever. Any notice to the Service that is required or permitted by this Agreement shall be in writing and shall be deemed effective upon receipt, when sent by confirmed e-mail to firstname.lastname@example.org or when delivered in person by nationally recognized overnight courier or mailed by first class, registered or certified mail, postage prepaid, to Axis, S9, The Art House, Drury Lane, Wakefield, WF1 2TE.