Terms of Service
PLEASE READ ALL OF THE FOLLOWING TERMS OF SERVICE (“TOS”) FOR THE ARTIST INTELLIGENCE LABS PRODUCTS AND THE WEB SITES AND APPS ON WHICH THEY ARE LOCATED (each, a “SITE,” and together, the “SITE”) BEFORE USING THIS SITE. By continuing to access or use this Site, or any product or service on this Site, you signify YOUR ACCEPTANCE OF THE TOS. Artist Intelligence Labs, LLC (“AIL”) reserves the right to amend, remove, or add to the TOS at any time. Such modifications shall be effective immediately. Accordingly, please continue to review the TOS whenever using this Site. Your access to or use of this Site, or any service on this Site, after the posting of modifications to the TOS will constitute YOUR ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept the TOS, you may not access or use this Site. Any terms and conditions proposed by you which are in addition to or which conflict with the TOS are expressly rejected by Artist Intelligence Labs and shall be of no force or effect.
Service: “Service” means any of the publications, products, or information available on the Site.
License: “License” means a current and valid license to access one or more Service on the Site, and which may include purchases to one or more Services for one or more Users associated with a Licensee, a trial Service (or beta version thereof) granted for one or more Users associated with a Licensee, or any other valid and authorized right/license.
Licensee: “Licensee” means the individual or entity who holds a License for one or more Service, and which may be a law firm, court, government agency, corporation, organization, a law school, or some other entity.
User: “User” means an individual user (human) who is covered by a valid License, and if under the License of a larger entity, maintains a current and valid relationship with a valid Licensee, such as, as applicable, employee, student, professor, administrator, or authorized agent. Users do not include, and Product access is not permitted, for robots, bots and/or any other similar automated machine/device.
a) You represent, warrant, and covenant that you are at least eighteen (18) years old, a valid User, and under no legal, contractual, or other bar for use of these services.
b) User rights may be transferred from an existing User to a new User only if: 1) the existing User is no longer employed with Customer, or 2) written authorization is provided by Artist Intelligence Labs.
2. Intellectual Property.
a) This Site and the Services are proprietary and are protected by copyright laws, international copyright treaties, and other intellectual property laws and treaties. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright restrictions displayed in connection with the Services.
b) The Services were developed, compiled, prepared, revised, selected, and arranged by Artist Intelligence Labs, its affiliates, and others (including certain information sources) (individually and collectively, “IP Rights Holders”) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of the IP Rights Holders, and you acknowledge and agree that you have no ownership rights in or to the Services and that no such rights are granted under the TOS. You agree to protect the proprietary rights of the IP Rights Holders during and after your use of the Services. You shall honor and comply with all written requests made by IP Rights Holders to protect their contractual, statutory, and common law rights in the Services with the same degree of care used to protect your own proprietary rights, which in no event shall be less than reasonable efforts. You agree to notify Artist Intelligence Labs in writing promptly upon becoming aware of any claim that the Services infringe any patent, copyright, trademark, or other contractual, statutory, or common law rights. Artist Intelligence Labs shall retain all rights to all Content (as defined below) comprising or included in the Services (including without limitation related information, such as instructional materials and videos). The granting of this license does not affect the ownership of any data or materials, whether tangible or intangible.
c) You shall not use any of Artist Intelligence Labs or its affiliates’ trademarks, trade names, or service marks in any manner that creates the impression that such names and marks belong to or are identified with you or that you are associated with or licensed by Artist Intelligence Labs or its affiliates to use such names or marks, and you acknowledge that you have no ownership rights in or to any of these names or marks.
2. Permitted Uses.
Artist Intelligence Labs grants to you a nonexclusive, nontransferable, and limited license to access, store and use the Services, and/or Content (as defined below) contained therein, only as expressly permitted in the TOS and any applicable Artist Intelligence Labs Service Agreement. The Services are solely and exclusively for your use (except as otherwise expressly permitted herein) and shall not be used for any illegal purpose or in any manner inconsistent with the provisions of these TOS or the applicable Artist Intelligence Labs Service Agreement. You shall own what the products produce for you upon use and shall be wholly responsible for them. You warrant that what produce is intended to be original or fair use works and that you take full responsibility for any and all uses of what you produce with the products and furthermore indemnify Artist Intelligence Labs from any claims of direct or indirect infringement which may occur from use of a work produced by the product.
3. Fees and Charges.
Use of the Services is subject to timely payment, by User or Licensee, for all fees required under the applicable Artist Intelligence Labs Service Agreement or charges menu. Additionally, each User shall be responsible for and shall pay to Artist Intelligence Labs any applicable fees and/or levies imposed or charged in connection with fee-liable Content or services accessed through the Services at your request where you are informed of such fees in advance.
4. Disclaimer and Limitation of Liability.
a) Warranties. Each time you use the Services, you shall be deemed to represent, warrant, and covenant to Artist Intelligence Labs and its affiliates that: (i) you have all requisite regulatory and legal authority to enter into and be bound by the TOS; and (ii) your use of the Services complies with all applicable laws, rules, and regulations.
b) Liability. NEITHER ARTIST INTELLIGENCE LABS NOR ITS AFFILIATES MAKE ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES OR RESULTS TO BE ATTAINED BY YOU OR OTHERS FROM THE USE OF THE SERVICES AND EACH DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THE SERVICES AND ALL PORTIONS THEREOF ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Artist Intelligence Labs does not warrant that the Services are compatible with your equipment or that the Services, or that any electronic communications sent by Artist Intelligence Labs or its affiliates, are or will be free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and Artist Intelligence Labs and its affiliates are not liable for any damage you may suffer as a result of such destructive features. None of Artist Intelligence Labs, its affiliates, or their respective suppliers and third-party agents shall have any responsibility or liability, contingent or otherwise, for any injury or damages, whether caused by the negligence of Artist Intelligence Labs, its affiliates, any of their respective employees, subcontractors, agents or equipment vendors or otherwise, arising in connection with the Services, or for any lost profits, losses, incidental, consequential, special, punitive, or exemplary damages or for any claim against you by any other party, even if Artist Intelligence Labs has been advised specifically of the possibility of such damages, including without limitation any inability or failure to perform legal or other research or related work or to perform such legal or other research or work properly or completely (even if assisted by Artist Intelligence Labs or its affiliates). None of Artist Intelligence Labs, its affiliates, or their respective suppliers guarantee the accuracy, correctness, completeness, or timeliness of the Services or any programs, data, or other information furnished in connection therewith. You are solely responsible for the accuracy and adequacy of the data and information you use and the resultant output thereof. Notwithstanding anything to the contrary set forth herein, to the maximum extent permitted by law, none of Artist Intelligence Labs, its affiliates, or their respective suppliers shall, directly or indirectly, be liable, in any way, to you or any other person for any inaccuracies, delays, errors, or interruptions in the Services from whatever cause, or any loss or damage arising therefrom or occasioned thereby, or by reason of any nonperformance. Artist Intelligence Labs does not control the content of other web sites, services, goods, or advertisements that may be linked to the Services and therefore is not responsible for the availability, content, or accuracy of linked web sites, services, goods, or advertisements. Notwithstanding anything to the contrary in the TOS, to the extent permitted by law, the aggregate liability of Artist Intelligence Labs and its affiliates arising in connection with the TOS for damages, regardless of the form of the action, shall not exceed $500. Notwithstanding the foregoing, the TOS shall not limit any liability for death or personal injury directly resulting from negligence if and to the extent such limitation would violate applicable law. No action, regardless of form, arising out of or pertaining to the Services may be brought by you more than one year after the cause of action has accrued.
c) LEGAL AND OTHER ADVICE. NONE OF THE SERVICES NOR ANY PORTION THEREOF CONSTITUTE ACTUAL LEGAL, TAX, ACCOUNTING, REGULATORY OR OTHER PROFESSIONAL ADVICE, OPINION, OR RECOMMENDATION BY ARTIST INTELLIGENCE LABS, ITS AFFILIATES, OR ANY CONTENT PROVIDER. IF LEGAL OR OTHER PROFESSIONAL ASSISTANCE IS REQUIRED, THE SERVICES OF A COMPETENT PROFESSIONAL SHOULD BE SOUGHT. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS, ADVICE, CONCLUSIONS, LEGAL OR TAX OPINIONS, RECOMMENDATIONS MADE OR GIVEN AS A RESULT OF THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON CONTENT, OR INCORPORATING OR REFERENCING THE CONTENT. NO ATTORNEY-CLIENT RELATIONSHIP IS FORMED WITH ARTIST INTELLIGENCE LABS, ITS AFFILIATES, OR ANY SUPPLIER OF CONTENT THROUGH USE OF THE SERVICES. NONE OF THE SERVICES OR CONTENT SHALL CONSTITUTE OR BE CONSTRUED AS A RECOMMENDATION, SOLICITATION, OFFER, OPINION, BY ARTIST INTELLIGENCE LABS (ITS AFFILIATES OR ANY CONTENT PROVIDER) FOR ANY FINANCIAL TRANSACTION, THE PURCHASE OF ANY FINANCIAL INSTRUMENT, INCLUDING BUT NOT LIMITED TO SECURITIES, OR ANY KIND OF INVESTMENT.
d) Force Majeure. Artist Intelligence Labs shall not be liable for failure to perform where such failure is due to fire, flood, power outages, strikes, war (declared or undeclared), acts of terror, embargoes, blockages, legal restrictions, governmental regulations or orders, riots, insurrections, Act of God, or any cause beyond the control of Artist Intelligence Labs. In such event, Artist Intelligence Labs shall use reasonable efforts to resume performance.
e) Remedies. If you breach or threaten to breach any provision of the TOS, Artist Intelligence Labs shall be entitled to seek injunctive relief to enforce the provisions hereof, but nothing herein shall preclude Artist Intelligence Labs from pursuing any action or other remedy for any breach or threatened breach of these TOS, all of which shall be cumulative. If Artist Intelligence Labs prevails in such action, Artist Intelligence Labs shall be entitled to recover from you all reasonable costs, expenses and attorneys’ fees incurred in connection therewith. Artist Intelligence Labs retains the right temporarily or permanently to block access to the Services if Artist Intelligence Labs, in its sole discretion, believes the Services have been or may be used for an improper purpose or in violation of the terms of the TOS.
f) Third-Party Communications. Artist Intelligence Labs disclaims all liability for any third-party communication you may receive or any actions you may take or refrain from taking as a result of any communication directed to you from any third party directly or indirectly in connection with this Site and the Services provided herein (“Third-Party Communication”). You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communication. Artist Intelligence Labs assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any Third-Party Communication.
You recognize that Artist Intelligence Labs, its affiliated entities, its suppliers and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Services, including the Content, software, data, information and other items provided by Artist Intelligence Labs and its affiliated entities by reason of your use of the Services. Section 6 shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees and representatives of the Covered Entities. The term “Artist Intelligence Labs” as used in Section 6 hereof includes all the Covered Entities.
You may terminate the TOS immediately upon written notice to Artist Intelligence Labs if you also discontinue your access to and use of the Services. For the avoidance of doubt, any such termination shall not terminate, or terminate any of your or your employer’s obligations under any applicable agreement with Artist Intelligence Labs. Notwithstanding anything to the contrary in the TOS, Artist Intelligence Labs reserves the right to terminate the TOS or suspend or terminate your access to and use of the Services and Data, or any portion thereof, in its sole discretion, at any time without notice and effective immediately. The TOS and your access to the Services will terminate immediately without notice from Artist Intelligence Labs if you, in Artist Intelligence Labs sole discretion, fail to comply with any provision of the TOS. Artist Intelligence Labs shall not be liable to you or any third party for the termination or suspension of the Services or access to the Data, or any claims related to the termination or suspension of the Services or access to the Data. Upon termination of the TOS for any reason whatsoever, you shall discontinue your access to and cease all use of the Services, including any Content or Downloaded Content including, without limitation, for those restricted uses set forth in Sections 3(b) (c) hereof.
7. Governing Law.
The TOS shall be governed by and construed in accordance with the laws of the United States and the State of Washington, without giving effect to conflicts-of-law principles thereof. You agree to submit to the exclusive jurisdiction of the federal and state courts located in Pierce County, Washington in connection with any matters arising out of these TOS and not to assert a defense of forum non conveniens, sovereign immunity, Act of State, or analogous doctrines in connection with any such action.
8. United States Export Control & Foreign Assets Control Regulations.
Artist Intelligence Labs does not represent that materials in the Services are appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws. You represent and warrant that you are not (a) located in or a national or resident of any country that is subject to U.S. trade sanctions, or (b) a person or entity on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or acting on behalf of any person or entity on such list.
The TOS, the documents and policies incorporated herein, either in their entirety or by explicit reference, any other terms and conditions on this Site, and any other Artist Intelligence Labs Service Agreement, as applicable, constitute the entire agreement between you and Artist Intelligence Labs or its affiliated entity, as applicable, and govern your use of the Services. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force. The failure of Artist Intelligence Labs or its affiliated entity to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed by Artist Intelligence Labs or its applicable affiliated entity in writing.
You agree that Artist Intelligence Labs has the right to change the content or technical specifications of any aspect of the Services at any time in Artist Intelligence Labs sole discretion. You further agree that such changes may result in your being unable to access the Services. The section titles in the TOS are used solely for the convenience of you and Artist Intelligence Labs and have no legal or contractual significance. Sections 2,
3(b), 3(c), 4 (with respect to fees incurred prior to termination), and 6 through 15 shall survive any termination of the TOS. You further agree that Artist Intelligence Labs may communicate with Users or prospective Users within your organization.
You may not assign the TOS or the rights hereunder without the prior written consent of Artist Intelligence Labs. Artist Intelligence Labs may assign the TOS and delegate certain of its responsibilities, obligations, and duties under or in connection with the TOS to a third party or affiliate, which may discharge those responsibilities, obligations, and duties on behalf of Artist Intelligence Labs.
12. Electronic Communications.
When you visit this Site and when you communicate with Artist Intelligence Labs electronically, you consent to receive communications from us electronically. You agree that all notices, disclosures, and other communications that Artist Intelligence Labs provides to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.