Terms of Use
01 Introduction
These Terms of Use ("Terms") constitute a binding legal agreement between Artes US Inc. and its affiliated companies (collectively, "Artes", "we," "our," or "us") and you ("you" or "your") and govern your access and use of the website available at artestudio.io ("Website"), our skill-based game(s) ("App(s)") and related materials, tools and services that we provide (collectively, the "Services").
By registering an account and participating in any competitions and tournaments held in the Services, you affirmatively signify that you have read, understood, and agree to be bound by these Terms (including the arbitration agreement and class waiver in Section 19), our Privacy Policy, as well as any other policy we may make available, each incorporated herein by reference.
02 Use of Our Services and License
Artes's Services include a platform for skill games, including cash competitions and tournaments, which may require you to register with Artes and create an account by providing us certain information about yourself, in accordance with our Privacy Policy.
All competitions and tournaments offered on the Services are games of skill. Winners are determined solely by the objective criteria described in our rules. Individuals who better use their relevant skill and knowledge and accumulate the highest scores will be the winner(s). The Services may not be used for any form of gambling.
By using Artes's Services, you agree and acknowledge that your participation is only for entertainment purposes and not part of your business.
Subject to these Terms, Artes grants you a personal, non-exclusive, limited, non-transferable, non-assignable, non-sublicensable license to run the Services on a Device owned or controlled by you, solely for the purpose of accessing and using the Services in accordance with these Terms.
03 Modification of Terms or Services
Artes has the right, at any time and in our sole discretion, to amend or replace any part of these Terms without prior notice. We may notify you of any updated Terms by posting notice on the Website, by providing notice at the contact details associated with your account, or in any other way we deem reasonable.
All such changes are effective immediately when posted, or at a later date specified in the notice. If you continue to use the Services after updated Terms are published, you consent and accept the changes. If you object to any such changes, your sole recourse is to cease using the Services.
We reserve the right, at any time, to stop offering the Services; terminate or suspend your account; modify or discontinue the Services; limit availability to any person, geographic area, or jurisdiction; and charge, modify, or waive fees in connection with the Services.
04 Compliance with Laws
Various rules, regulations and laws addressing sweepstakes, contests, and tournaments with entry fees and/or prizes ("Gaming Laws") may govern your participation in competitions, and are set by each individual state, country, territory, or jurisdiction. We do not offer Cash Competitions to users in any jurisdiction in which such competition violates applicable Gaming Laws ("Prohibited Jurisdiction").
You are solely responsible for your compliance with all applicable laws. Services and competitions are void where prohibited or restricted by applicable law. Your participation is at your own risk. We reserve the right to monitor the location from which you access the Services and may block access from any Prohibited Jurisdiction.
You must comply with all applicable export and sanction laws. The Trade Controls prohibit use of the Services by any individual located in countries subject to U.S. government sanctions (currently Cuba, Iran, Syria, North Korea, and the Crimea region of Ukraine) or on any list of prohibited persons or entities maintained by the U.S. or E.U. governments.
05 Eligibility
Our Services are intended solely for users who are eighteen (18) years of age or older (unless the applicable age of majority in your state of residence is higher). Any registration, use or access to the Services by anyone under 18 is unauthorized, unlicensed, and in violation of these Terms.
By accessing and/or using the Services, you represent and warrant that you:
- Are over the age of eighteen (18) and/or over the legal age of majority in your jurisdiction;
- Have the legal power to form a binding contract with Artes;
- Are physically located in a jurisdiction in which participation in your selected competition is unrestricted; and
- Agree to at all times abide by these Terms and all applicable laws.
06 Prohibited Uses
General
You may use the Services only for lawful purposes. You are solely responsible for all of your activity in connection with the Services. You may not, and shall not permit any third party to, take any action that:
- Makes use of the Services for any purpose except as provided in these Terms;
- Is illegal, threatening, abusive, harassing, defamatory, fraudulent, or otherwise inappropriate;
- Contains malicious software or code designed to damage, disrupt, or gain unauthorized access to any system;
- Attempts to reverse engineer, decompile, or disassemble the Services;
- Violates any intellectual property rights or proprietary rights of Artes or any third party;
- Uses automated systems (robots, spiders, scrapers) to access the Services at a rate exceeding normal human activity;
- Impersonates any individual or entity, including Artes employees; or
- Encourages money laundering or illicit gambling.
Unfair Methods
You represent and warrant that you will not engage in any activity that interrupts or attempts to interrupt the operation of the Services. The following behaviors are considered use of unfair methods:
- Opening and/or using multiple accounts;
- Use of unauthorized or altered software or hardware to assist play;
- Collusion with other players;
- Deliberate transfer of money between accounts;
- Harassment of other participants;
- Breach of these Terms; and/or
- Breach of security of your account.
Any behavior or act that unfairly alters your chance of winning or constitutes fraud ("Abuse") may result in immediate termination of your account, forfeiture of prizes, and disgorgement of prizes received. Artes reserves the right to disclose any money laundering or other illegal activity to law enforcement.
07 Device Information
In order to use our Services, you must have an internet connection. We may collect certain information from you and your internet-enabled device ("Device") to make the Services available, such as hardware system profile data, internet connection data, and any other data related to the operation of the Services.
We do not warrant that our Services will work on all devices. You are solely responsible for obtaining and maintaining compatible devices necessary to access and use our Services.
08 Account Registration
Creating Your Account
You may be required to register and create an account by providing information such as a unique username, date of birth, payment and billing information, contact information, and any other information we request. You agree to provide true and accurate information.
Account Security
You are solely responsible for keeping your account information secure. You must not share your account information with anyone and must notify Artes immediately if you lose control of your account or suspect unauthorized activity. You remain fully liable for any actions taken in respect to your account, regardless of whether those actions were taken by you or an unauthorized third party.
Identity Verification
We reserve the right to verify all your registration details at any time by requesting documents including government-issued identity, proof of address, and proof of payment method. If document requests are not completed, Artes may at its sole discretion terminate the account and withhold any funds therein.
Publishing Account Data
By using the Services you consent to our use of your name, voice, likeness, and location in connection with the publishing of winners and the development, production, distribution, and/or exploitation of selected contests and Artes generally, unless otherwise prohibited by law.
09 Virtual Items
The Services may include an opportunity to earn or obtain virtual in-game currency, including virtual coins, points, credits, bonuses, and/or chips (collectively, "Virtual Items"). Virtual Items can never be redeemed or cashed out for real-world money or any other item of monetary value.
You may not sublicense, trade, sell, or attempt to sell Virtual Items for real money without Artes's written permission. Your acquiring of Virtual Items is final and not refundable, transferable, or exchangeable, except in Artes's sole discretion.
Artes retains the right to manage, regulate, control, modify, and/or eliminate Virtual Items at its sole discretion. All Virtual Items are forfeited if your account is terminated or suspended, or if the Services are no longer available.
10 Winnings, Account Funds and Payments
Some competitions may require payment of a fee ("Fee(s)"). All Fees shall be made known to you prior to entry. If you play a competition that requires a U.S. Dollar entry fee ("Cash Competition"), you are a "Cash Player." All Fees must be prepaid and are non-refundable.
You agree to notify us of any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to our attention within 30 days, you waive your right to dispute such problems.
Artes may, from time to time, grant you free bonus funds and/or credits ("Bonus Funds"). Bonus Funds can be used to enter Cash Competitions but cannot be withdrawn. If you initiate a withdrawal of funds, you will forfeit all Bonus Funds in your account. Bonus Funds expire after 90 consecutive days of non-use in Cash Competitions.
If your account is inactive (no competition entered) for six consecutive months or more, we reserve the right to charge a maintenance fee of $2.00 per month. After five months of inactivity you will be notified by email prior to account closure.
You are solely responsible for recording, paying and accounting to any relevant governmental or taxation authority for any tax or levy that may be payable on any winnings paid to you.
11 Skill Matching and Historical Playthroughs
Artes employs technological measures to ensure a fair skill-matching experience. Skill levels are determined based on players' past scores and historical performance, improvement over time, types of contests, and other relevant factors. We also employ fraud detection techniques to ensure players do not circumvent our skill-matching algorithm.
While Artes attempts to match players with real, live players, in certain instances our algorithm may pair players with a historical playthrough of real players (a score that another player received in the same game), always at a similar skill level. Such pairing is never based on the player's score in a current game and is determined in advance of gameplay.
By using the Services, you acknowledge and agree that when you play a game, you may be matched with another player's historical playthrough for the purposes of determining the outcome.
12 Artes' Intellectual Property Rights
The Services, images, text, graphics, illustrations, trademarks, brands, copyrights, photographs, audio, videos, music, logos, designs, Virtual Items, and any part thereof are the property of Artes or their respective owners.
You agree not to use, copy, reproduce, publish, or borrow any content or trademarked work without explicit permission from Artes. Nothing in these Terms shall be deemed to create a license in or under any such intellectual property rights.
If you submit Feedback about the Services, you agree that your disclosure is gratuitous, unsolicited, and without restriction, and that we are free to disclose or use the Feedback without additional compensation to you.
13 Third Party Services
The Services may provide links to third-party websites, apps, or services not owned or controlled by us. These links are provided as a convenience and do not signify Artes's endorsement or liability for such Third Party Services. Your use of such services is made at your own risk and subject to the terms of those services.
If you downloaded the Apps from the Apple App Store or are using the Apps on an iOS device, you acknowledge that these Terms are between you and Artes only. Apple is not a party to these Terms and has no responsibility or obligation regarding the Services, including product liability claims, regulatory compliance, or intellectual property infringement claims.
14 Limitation of Liability
In no circumstances shall Artes, its subsidiaries, affiliates, or the directors, officers, employees, or other representatives of each of them (collectively, "Artes Entities and Individuals") be liable to you for any loss or damages of any kind (including without limitation any special, direct, indirect, incidental, exemplary, economic, punitive, or consequential damages) directly or indirectly related to the Services, your uploaded information, or use of or inability to use the Services.
In no event will the Artes Entities and Individuals' total liability to you for all damages, losses, or causes of action exceed one hundred U.S. Dollars ($100).
If you are dissatisfied with the Services, your sole and exclusive remedy is to discontinue accessing and using the Services. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
15 Disclaimer of Warranties
The Services are provided to you on an "as is" and "as available" basis, without any warranty of any kind, either expressed or implied. Artes does not warrant or guarantee protection from viruses or other malware, that the Services shall be uninterrupted, or that the Services shall be error free.
We do not and cannot guarantee that use of our Services will generate you any profits, or take responsibility for any losses to your account. Some jurisdictions limit or do not allow the disclaimer of implied warranties so the above disclaimer may not apply in full.
16 Term, Termination and Inactivity
These Terms apply from the date that you accept them. You may terminate your Artes account at any time by sending us a support request at support@artestudio.io or following the instructions provided through the Services.
Upon termination of your account, you must immediately discontinue use of the Services and all licenses and rights granted to you automatically terminate. Artes may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services without notice upon any violation of these Terms.
17 Indemnification
You agree to defend, indemnify, and hold Artes and its subsidiaries, officers, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising in any way from your use of and access to the Services, including any data transmitted by you, your violation of any term of these Terms, your violation of any law or regulation, your violation of any third-party right, or any other party's access and use of the Services with your account.
18 Governing Law
If you reside or use our Services in the U.S., these Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of law principles. For all disputes not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts in New York County, New York.
Otherwise, for any dispute not subject to arbitration, these Terms shall be governed by and construed in accordance with the laws of the State of Israel. You consent to the exclusive personal jurisdiction and venue of Tel Aviv, Israel.
19 Agreement to Arbitrate / Class Action Waiver
You agree that any claim or dispute at law or equity that has arisen or may arise between you and Artes relating to these Terms or your use of the Services will be resolved exclusively through final and binding arbitration.
You and Artes will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date a notice of dispute is sent before initiating arbitration. Any applicable limitations period will be tolled during this 60-day period.
For U.S. residents: Arbitration will be conducted by National Arbitration and Mediation ("NAM") and governed by the Federal Arbitration Act. The arbitration shall be held in New York City or another mutually agreed upon location.
For non-U.S. residents: Arbitration will be conducted in accordance with the ICC Rules of Arbitration. The seat of arbitration shall be Tel Aviv, Israel. The arbitration shall be conducted in the English language.
You agree that each party may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action. The arbitrator may not consolidate more than one person's claims or preside over any form of a class action.
Any claim or dispute must be filed within one (1) year from the date of the cause of action, otherwise you will be permanently barred from bringing such dispute.
30-Day Right to Opt Out: You have the right to opt out of this arbitration clause by sending written notice within 30 days of your first use of the Services to: terms-support@artestudio.io.
20 Notifications
Artes may provide notifications via email notice, written or hard copy notice, or through conspicuous posting on the Services. Notice by email to you shall be deemed given twenty-four (24) hours after the email is sent. Notice by mail shall be deemed given three (3) days after the date of mailing. It is your responsibility to keep your contact information updated.
21 No Waiver and Force Majeure
Artes's failure to exercise or enforce any right or provision in these Terms shall not be considered a waiver of such right or provision, unless agreed upon in writing. Artes will not be responsible for any failures to fulfill any obligations due to causes beyond its reasonable control.
22 Assignment of Rights
You may not transfer, assign, sublicense, or pledge in any manner your account or any of your rights or obligations under these Terms. Artes may transfer, assign, sublicense, or pledge in any manner any of its rights and obligations under these Terms to any subsidiary, affiliate, or successor thereof or to any third party, without notifying you or receiving your consent.
23 Survival
Any and all terms and conditions within these Terms that should, by their nature, survive termination will survive such termination. The following provisions shall survive: Compliance with Laws, Prohibited Uses, Limitation of Liability, Indemnification, Artes' Intellectual Property Rights, Term and Termination, Agreement to Arbitrate/Class Action Waiver, and Governing Law.
24 Severability
If any part of these Terms is held by a court of law to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect the original intentions of the parties, and the remaining portions shall remain in full force and effect.
25 Language
You acknowledge that these Terms, and all related documents, have been prepared in English. If these Terms are translated into another language, the English language text shall in any event prevail.
26 Contact Us
If you have any questions about these Terms or Artes's Services in general, please contact us at:
22583 E Union Circle, Aurora, CO 80015
Email: support@artestudio.io