Trust and Safety
Review Profiles and References Carefully
Take the time to carefully review member profiles. Read what members say about themselves and what other members have said about them. Give yourself the time to thoroughly read through all the information available and don’t compromise. Make sure an artist has photos of their work and making-of video showing the process of art-making in their previous projects. Make sure a project has a detailed description of its purpose, who will offer the hospitality and description of each offers. If it’s lack of information, or not convincing, keep looking at someone else.
Trust your instincts
If a person, project, situation or profile seems unsafe for any reason, move on, reject the application or invite. Don’t worry about seeming rude. Choose members who have themselves verified. Be upfront and clear about your boundaries and don’t be shy about stating them before making a decision. Communicate clearly with others and take care of yourself. If you’re uncomfortable staying alone at home with a member, consider staying in / offering other type of residencies and communicate clearly. If you’re worried about the delivery of the hospitality offers, consider projects which offers round flight tickets, or cash only, and take care of the travel yourself. If you’re worried about damage or lost from your residency, or the quality of the end result of a creation, consider artists who has better proven experiences and good reputation, communicate and ask for security deposit, or involve Artrvl team in the project before confirming.
Have A Backup Plan
We would send you email of as break down cost of local expenses during your project and essential information reminder when you confirm a project. Know your options. If something doesn’t work out with your host, or if they misrepresented themselves or their offers, make sure you have an alternate plan before you go. If possible, research offered residency’s neighborhood prior to arriving, including how to get to and from there on your own. Be Informed about the culture where you are traveling.
Do your homework, and be sure you’re aware of cultural and religious differences, sensitivities, and general safety recommendations for each place that you travel. Gender roles and expectations can differ wildly.
Never give out your personal phone number or email address to a new person until a project is confirmed from the other side, or until you meet and feel comfortable with them. Use only the Artrvl web apps to communicate. Confirming projects, trips and keeping all communication on Artrvl helps our Trust and Safety team identify issues and react quickly.
Know Your Limits
Don’t accept last minute project unless you are fully prepared. Partying like a rockstar might be fun, but it puts your safety and well-being in the hands of others.
Use the Review System to let other artists and art hosts know about your experiences with the hosts or artists you meet. Be honest and clear. The other member won’t see your reference until they leave theirs. After 14 days, members are not able to leave a host or artist reference. Please review our Terms and Privacy on the Artrvl terms and privacy page.
Report Negative Experiences
Our Trust and Safety team is here to help build the safest, most appreciative, and most responsible community possible. Reporting safety concerns to Artrvl helps keep future Artists / Hosts safe. Confidentially report negative experiences or safety concerns by contacting us.
These terms apply to Artrvl, and any other of Artrvl's sites, apps, communities on any platform, any of its meetups and/or any of its properties.
Non-legally binding TL;DR:
Artrvl's sites are user-generated and have user-generated content, so don't rely on the data.
Artrvl is an exchange site, not a job site, nor market, the offer is not based on the value of the exchanged creations, but based on host’s personal hospitality, therefore all the behavior on the web platform is not concerned with purchasing or job offerings. We are not liable if you use our sites to conduct illegal jobs or transactions, bring damage to other people’s property and life. We have the right to remove your content, ban you for life, and publicize your profile as blacklist.
We do not screen the identity of any Hosts and you are solely responsible for ensuring that any person you accept is who they say they are.
You are fully responsible for investigating whether your chosen Host and the accommodation and opportunities they are offering are suitable for you and your needs.
You are using Artrvl entirely at your own risk and we expressly exclude all liability for any loss or damage you, your family, your reputation, your business or your property may suffer as a result of using Artrvl.
You are solely responsible for complying with the relevant rules and laws in your jurisdiction (if any) especially with regard to your visas.
We do not screen the identity of any Hosts and you are solely responsible for ensuring that any person you accept is who they say they are.
We're not liable if you get hurt or wealth lost because of our site, app, data or meetups.
Before confirming art projects in another country, see if it's legal first (e.g. visas, permits). We're not responsible for that.
You allow us to publish the stuff you contribute to this site indefinitely, throughout the world, in perpetuity.
When providing feedback (through the contact us, our Slack channel or any other way), you agree to let us use it to improve the site/app.
We collect analytics data including your IP, location, and actions on this site to make it better (including through Google, MixPanel, and other analytics services).
We also use your IP, location, and actions on this site to personalize it (e.g. show you the nearest projects and artrvlers to you)
If you use our content or data, you're required to link back to us at every page or in every app screen you use the content or data on.
You can only re-publish our content or data if it's for non-commercial objectives (e.g. not a company/startup)
The payment you made on Artrvl is for using our sites to host and publish exchange initiatives post, as well as communicate with each other, we are not liable if you can’t achieve pairing with one or more Artrvlers, nor an existing paring falls apart.
The payment includes two parts, we charge posting fee for your project, the first month is free for paring artists, we charge you monthly mandatorily from 2nd month if you continue to receive artists applications and messaging each other until you choose at least one artist, the charge will stop immediately.
If you promote your website/app/business/yourself on or spam any of our websites and/or communities or get serious complains/reports because of your misbehavior and/or wrong impressions, we have the right to ban you for life and not refund your payment as a fine for having to spend time to moderate you.
Official legal terms:
Data on Artrvl is user-generated. By the nature of the data, it's impossible to get it completely accurate. Therefore, we accept no responsibility for any loss, injury or inconvenience resulting from using Artrvl's websites and apps. You should verify critical information (like your paired host/artist is verified or not, sufficient communication, visas, health and safety) before you travel. Use our website and apps to state clearly about your boundary and expectation. Most countries do require a working/business visa if you'd like to work there. Working on a tourist visa is probably illegal. Please make sure you verify all of a country's requirements for travel with its embassy and your embassy before you travel. Many third-world cities may be extremely dangerous for artrvlers, make sure you stay safe and verify which areas to avoid.
Artrvl accepts no liability or responsibility to any person or organization as a consequence of any reliance upon the information contained in its sites and any other of its sites and properties.
We collect data about your browser, IP, location, and actions for analytics purposes. If you contribute content data to the site, including but not limited to the portfolios, blogs, you provide us with a perpetual license to broadcast, display, distribute, sell and produce derivatives from your contributions.
Every effort is made to provide information that is accurate. However, materials contained in Artrvl's websites, apps, communities and its properties are subject to change at any time by appropriate action of Artrvl. We give no assurance or warranty that information on this site is current, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the accuracy or currency of information on this site.
Copyright in Artrvl's websites, apps, communities and its properties rests with Artrvl unless otherwise stated.
We reserve the right to permanently ban any user from our websites for behavior that goes against our guidelines. We will be the sole judge of behavior and we do not offer appeals or refunds in those cases.
If you do not use the Artrvl sites properly to its purpose, we are the sole judge to decide your portfolio or your project post falls into spam promotion for your website/app/business/yourself whenever other users complain or we detect your behavior against the community rules, fees will be applied monthly for you to use our server as long as the post exists.
We do not offer refunds on service fees and tax. The reason is that we use a secure third party payment gateway to access any payment you make, each transaction will charge us an amount of service fees and tax accordingly depends on the cities. If you cancel an offer, you will be the one who is responsible to pay the non-refundable service fees and tax.
Many of our websites, apps and communities contain user generated data that is subjective, may not be accurate or may be offensive to you. We are not liable for any damages that result from using this data.
The information posted on our websites, apps and communities should not be considered legal, financial or other advice and is not intended to replace consultation with a qualified professional. We do not answer specific legal or financial questions.
Artrvl's websites, apps, communities and its properties is provided on an “as is”, “as available” basis without warranties of any kind, express or implied, including, but not limited to, those of TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE or NON-INFRINGEMENT or any warranty arising from a course of dealing, usage, or trade practice. No advice or written information provided shall create a warranty; nor shall members or visitors to the site rely on any such information or advice. This publication is not intended to be a contract, explicit or implied, and Artrvl reserves the right to make changes to the information contained.
The user assumes all responsibility and risk for the use of Artrvl's websites, apps, communities and its properties and the Internet generally. We accept no liability or responsibility to any person or organization as a consequence of any reliance upon the information contained in this site. Under no circumstances, including negligence, shall anyone involved in creating or maintaining Artrvl's websites, apps, communities and its properties be liable for any direct, indirect, incidental, special or consequential damages, or loss profits that result from the use or inability to use the Website and/or any other websites which are linked to this site. Nor shall they be liable for any such damages including, but not limited to, reliance by a member or visitor on any information obtained via the Website; or that result from mistakes, omissions, interruptions, deletion of files, viruses, errors, defects, or failure of performance, communications failure, theft, destruction or unauthorized access. States or Countries which do not allow some or all of the above limitations of liability, liability shall be limited to the greatest extent allowed by law.
Artrvl'S SOFTWARE, APPS, WEBSITE, COMMUNITIES AND ANY OF ITS OTHER PROPERTIES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, OWNERS OR COPYRIGHT HOLDERS BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH Artrvl'S SOFTWARE, APPS, WEBSITE, COMMUNITIES AND ANY OF ITS OTHER PROPERTIES OR THE USE OR OTHER DEALINGS IN Artrvl'S SOFTWARE, APPS, WEBSITE, COMMUNITIES AND ANY OF ITS OTHER PROPERTIES.
Visitors agree to use the Website only for lawful purposes and are prohibited from posting on the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, or obscene material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law. Although in the absence of a specific complaint the postings are monitored for compliance with this provision, in an effort to discourage such conduct, please note that all postings in any forum area will list the author’s name and institution - no anonymous postings will be permitted.
We are distributors (not publishers) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s) and we are not responsible for any material posted by third parties. We cannot and do not endorse it in any way, we expressly disclaim any liability associated with material posted by third parties.
Unless otherwise stated, reference to any products, services, hypertext link to the third parties or other information by trade name, trademark, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by us. Nor is endorsement of us implied by such links. They are for convenience only, as an index in a public library.
Any information on Artrvl's websites, apps, communities and its properties may include technical inaccuracies or typographical errors. Furthermore, the information may change from time to time without any notice.
You agree to observe and maintain the confidentiality of all security features relating to use of the Website (including passwords, access arrangements etc) as notified. Artrvl will not be liable for any unauthorized breach or disclosure of the security features.
You agree to link back with a web hyperlink or in-app hyperlink to our site on the page or app screen where you use the data from our APIs or site.
You user data may be used on any of our websites and apps including marketing pages to show current user activity.
When providing feedback (e.g. by identifying any errors or problems in the operations of Artrvl and its services) through any medium (e.g. the feedback form, email or any other medium), you acknowledge and agree that all feedback will be the sole and exclusive property of Artrvl. You hereby assign to Artrvl and agree to assign to Artrvl all of your right and interesting in and to all feedback, including all intellectual property rights therein.
You agree to indemnify Artrvl (its employees and agents) for any loss suffered or liability incurred by Artrvl (its employees and agents) arising from any unlawful, unauthorized or improper access or use of the Website or any breach of these terms by you or your employees, contractors or representatives.
Artrvl does not guarantee constant availability of Website access and accept no liability for down time or access failure due to circumstances beyond its reasonable control (including any failure by ISP or system provider).
The Site may contain links to other sites on the internet. Artrvl is not responsible for the accuracy, legality, decency of material or copyright compliance of any Linked Site or services or information provided via any Linked Site.
No data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information we do not warrant and cannot ensure the security of information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk.
These terms and conditions will be constructed according to and are governed by the laws of Hong Kong.
We reserve the right to make changes or modifications to these Terms, or any policy or guideline of our Services, at any time and in our sole discretion. If Artrvl makes changes to these Terms, we will provide notice of such changes, including by revising the date at the top of these Terms. Your continued use of our Services following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Accordingly, you should frequently review these Terms and applicable policies and guidelines to understand the terms and conditions that apply to your use of the Services.
Please Contact Us with any questions regarding these Terms. You can contact us by mail at 17 Canton road, Hongkong, by email at firstname.lastname@example.org.
ELIGIBILITY, REGISTRATION AND ACCOUNT
You must be at least 18 years old to access or use the Services. By registering to use our Services, you represent that you are at least 18 years old. In order to access certain areas and features of our Services, you will need to register for an account using either your email address or your login credentials from a third-party social media site. If you register with your email address, you agree to create a unique password that you do not use with any other online product or service. By registering for an account, you further agree to (a) provide accurate, truthful, current and complete information; (b) maintain and promptly update your account information upon any changes; (c) maintain the security of your account by protecting your password and restricting access to your account; (d) promptly notify Artrvl if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of any authorized or unauthorized access.
THIRD PARTY TERMS
INTERACTIONS WITH OTHER MEMBERS
3.1 You Have Sole Responsibility When Interacting with Other Members. Our Services provide a platform for members to receive / create art, learn about one another, culture and travel. Artrvl is not a party to, has no involvement or interest in, makes no representations or warranties as to, and has no responsibility or liability with respect to any communications, transactions, interactions, disputes or any relations whatsoever between you and any other member, person or organization. You are solely responsible for your interactions with other members of our Services. We reserve the right, but have no obligation, to monitor interactions between you and other members of our Services.
Remember, the Artrvl Services are just a platform that enable you to exchange art, communicate and interact with other people around the world. We cannot be responsible for the interactions that you have with other Artrvl members, so please use good judgment and keep safety in mind when you use our Services.
3.2 Identity Verification. We cannot and do not confirm each member’s identity. Although we provide tools intended to assist with identity verification, such as our ID verification tool (as described in Section 3.3), you are solely responsible for determining the identity and suitability of others with whom you may interact through our Services. Artrvl does not represent or warrant that our tools are sufficient to determine whether it is appropriate for you to interact with another member. Further, we do not endorse any persons who use or register for our Services. We do not investigate or verify any member’s reputation, conduct, morality, criminal background, or any information members may submit to the Services (other than the address-verification tool as described in Section 3.3). We encourage you to take precautions when interacting with other members, particularly when meeting a stranger in person for the first time.
3.3 Our ID Verification Tool. Our ID verification tool is intended to confirm that the member is a legal resident in their country. While this is one of many ways to reduce the risk of misconduct by a member, it is not a guarantee of any member’s identity or good faith.
3.4 Release. Because our Services are merely a platform, in the event that you have a dispute with one or more members, to the fullest extent permitted by applicable law you release us (and our officers, directors, members, employees, agents and affiliates) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
MEMBER CONDUCT AND CONTENT
The Services include interactive areas where you or other members can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics or other items or materials on the Services (collectively, “Member Content”). You are solely responsible for your use of such interactive areas and agree that your use of these areas is at your own risk.
4.1 Member Content Restrictions. You are solely responsible for any Member Content that you submit, post or transmit via our Services. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services, Member Content that we believe, in our sole discretion:
(a) is unlawful, libelous, defamatory, harassing, threatening, invasive of privacy or publicity rights, or that would otherwise create liability or violate any local, state, national or international law;
(b) contains sexually explicit content or is otherwise obscene, pornographic, indecent, lewd, suggestive or sexually exploitative of minors;
(c) may disparage any ethnic, racial, sexual or religious group by stereotypical depiction or is otherwise abusive or inflammatory;
(d) depicts the use of illicit drugs;
(e) contains offensive language or images or is otherwise objectionable;
(f) incites violence or characterizes violence as acceptable, glamorous or desirable;
(g) contains unsolicited promotions, political campaigning, advertising or solicitations, without our prior written consent;
(h) contains private or personal information about another person, unless such person has agreed to the disclosure of this information;
(i) contains viruses, corrupted data or other harmful, disruptive or destructive file viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
(j) may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting Member Content, you represent and warrant that you have the lawful right to distribute and reproduce such Member Content; or
(k) would constitute, encourage or provide instructions for a criminal offense or violate the rights of any third party. Artrvl is not responsible for any Member Content that you or other members post, transmit or store through the Services. We have no obligation to post Member Content from you or anyone else and we may, in our sole discretion, edit, remove or delete any Member Content without notice. If you become aware of Member Content that violates these Terms, you may notify of us such content by using the reporting tools provided on our Services. Enforcement of these Terms, however, is solely in our discretion and the absence of enforcement in some instances does not waive of our right to enforce the Terms in other instances. In addition, these Terms do not create a private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4.2 Member Conduct. By accessing or using the Services, you agree to act responsibly, exercise good judgment and comply with the Artrvl community guidelines. In addition, you agree not to:
(a) use the Services in violation of any applicable law or regulation, including promoting or encouraging any illegal activity;
(b) infringe the rights of any third party, including without limitation, intellectual property, privacy, publicity or contractual rights;
(c) use the Services in any manner that could interfere with, disrupt, negatively affect or inhibit other members from fully enjoying the Services or that could damage, disable, overburden or impair the functioning of the Services in any manner;
(d) use our Services in connection with the distribution of spam (which we define as unsolicited bulk e-mail or any other unsolicited messages of a commercial, religious, romantic, political or other nature not within the intended purposes of the Services);
(e) stalk, intimidate, threaten or otherwise harass or cause discomfort to any other member of our Services;
(f) collect or store any information about any other member other than as permitted on our Services;
(g) use our Services for any commercial purpose whatsoever, unless with prior written consent from Artrvl;
(h) register for more than one member account;
(i) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, whether by providing or omitting to provide information;
(j) circumvent or attempt to defeat any security or verification measure relating to use of the Services;
(k) hold yourself out as an agent, representative, employee or affiliate of Artrvl, including but not limited to when you host an event for other Artrvl members or
(l) assist any third party in doing any of the foregoing.
Separate and apart from Member Content, we welcome questions, comments, suggestions and ideas about Artrvl and our Services (“Submissions”). If you provide a Submission, whether by email or otherwise, you agree that it is non-confidential (unless Artrvl states otherwise in writing) and shall become the sole property of Artrvl. Artrvl shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise. You acknowledge that Artrvl is not obligated to provide acknowledgment or compensation to you in exchange for Submissions.
COPYRIGHT AND LIMITED LICENSE
Unless otherwise indicated, the Services and all content and other materials on the Services, including, without limitation, the Artrvl logo, and all designs, text, graphics, pictures, videos, information, data, software, sound files and other files, and the selection and arrangement thereof, (collectively, the “Artrvl Materials”) are the proprietary property of Artrvl or our licensors or members and are protected by international copyright laws.
You are granted a limited, non-exclusive and non sub-licensable license to access and use the Services and Artrvl Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Artrvl Materials; (b) the distribution, public performance or public display of any Artrvl Materials; (c) modifying or otherwise making any derivative uses of the Services and the Artrvl Materials, or any portion thereof, unless modification or derivative use is specifically permitted under applicable law or provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Artrvl Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Artrvl Materials other than for their intended purposes. Any use of the Services or the Artrvl Materials other than as specifically authorized herein, without the prior written permission of Artrvl, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
REPEAT INFRINGER POLICY
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Artrvl has adopted a policy of terminating, in appropriate circumstances and in Artrvl’s sole discretion, members who are deemed to be repeat infringers. Artrvl may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any members who we believe may infringe any intellectual property rights of others, whether or not there is any repeat infringement.
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement.You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
“Artrvler,” “Artrvl,” the Artrvl logos and any other Artrvl service name or slogan contained on the Services are trademarks of Artrvl and may not be copied, imitated or used, in whole or in part, without the prior written permission of Artrvl or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Artrvl” or any other name, trademark or product or service name of Artrvl without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Artrvl and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. Any authorized use of these trademarks must be in accordance with guidelines that Artrvl may provide you from time to time, including the Artrvl Trademark Policy.
Our logo and the terms “Artrvl” and “Artrvler”, as well as other terms and visual elements that you might see throughout the Artrvl Services, are protected trademarks. However, we do support members using these trademarks in appropriate ways, such as to make your own T-shirts or to create local Artrvl community social media pages. To learn more, including how to obtain written permission to use our marks, please read our Trademark Policy.
You are granted a limited, non-exclusive right to create a text hyperlink to the Services, provided such link does not portray Artrvl or any of our services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Artrvl logo or other proprietary graphic of Artrvl to link to the Services without the express written permission of Artrvl. Further, you may not use, frame or utilize framing techniques to enclose any Artrvl trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Artrvl’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Artrvl or any third party.
If you are in breach of these Terms, or any other policies or community standards we have in place from time to time, we may, in our discretion at any time: (a) terminate your access to our Services, (b) deactivate or delete your account and all related information and files in such account and/or (c) bar your access to any of such files or Services. In any of these instances, you are not permitted to register for another Artrvl account without our prior written permission.
In rare circumstances, when we feel it is necessary to protect the safety or the well being of the Artrvl community, we will remove a member’s account from our Services. We don’t take this decision lightly, but it is sometimes required.
DISCONTINUANCE OF SERVICES
We may, in our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.MEMBER’S REPRESENTATIONS AND WARRANTIES
14.1. You hereby represent and warrant that you have the full power and authority to enter into and perform under these Terms. If you are using our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf.
14.2. You hereby represent and warrant that you will use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export-control laws.
14.3. If you are (a) located in, under the control of, or a national or resident of any country to which the country has embargoed goods or services, (b) identified as a “Specially Designated National”, or (c) placed on the Commerce Department’s Denied Persons List, you represent and warrant that you will not engage in financial transactions with, or commercial activities on, Artrvl (including making payments in connection with any identity verification tools provided by Artrvl). Without limiting the foregoing, you are solely responsible for determining whether you have complied with travel restrictions to and from certain countries, including travel to and from all countries.
14.4. You hereby represent and warrant that you will not use the Services if the laws of your country prohibit you from doing so in accordance with these Terms (for example, if you are not allowed to provide the types of personal information that we require or if you are prohibited from participating in certain Internet activity). By using the Services, you represent and warrant that such use will not violate, or cause us to violate, the laws of your country.DISCLAIMER OF WARRANTIES
15.1. IF YOU USE OUR SERVICES, YOU DO SO AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
15.2. WE DO NOT REPRESENT OR WARRANT THAT (A) OUR SERVICES WILL MEET YOUR REQUIREMENTS; (B) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT YOU MAY OBTAIN THROUGH OUR SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES WILL MEET YOUR EXPECTATIONS; (E) ANY INFORMATION YOU PROVIDE OR WE COLLECT WILL NOT BE DISCLOSED TO THIRD PARTIES; OR (F) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED.
15.3. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF OUR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH ACCESS OR TRANSMISSION; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
15.4. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.LIMITS ON LIABILITY
16.1. SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL Artrvl, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM OR RELATING TO: (A) THE USE OR INABILITY TO USE OUR SERVICES; (B) THE COST OF REPLACEMENT OF ANY GOODS, SERVICES OR INFORMATION PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT; (D) DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF WE KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (E) STATEMENTS, CONDUCT OR OMISSIONS OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON OUR SERVICES; (F) YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SERVICES; OR (G) ANY OTHER MATTER ARISING FROM, RELATING TO OR CONNECTED WITH OUR SERVICES OR THESE TERMS.
16.2. WE SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS, WHETHER OR NOT SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.
16.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
16.4. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR FOR FRAUD.INDEMNITY
You shall defend, indemnify and hold harmless Artrvl (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out of or relating to (a) your use of our Services; (b) any Member Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services. Further, if you are using the Services on behalf of any entity, you represent and warrant that such entity agrees to indemnify you and Artrvl for violations of these Terms in accordance with this Section. If you are obligated to indemnify us, we will have the right, in our sole and unfettered discretion, to control any action or proceeding and determine whether we wish to settle it, and if so, on what terms.REPORTING MISCONDUCT
If you interact with anyone through our Services who you feel is acting or has acted inappropriately, including but not limited to offensive, violent or sexually inappropriate behavior, who steals from you or engages in any other disturbing conduct, we strongly encourage you to immediately report such person to the appropriate authorities and to us by contacting us using the Artrvl Help Center. Please note that although we encourage you to report misconduct, we are not responsible or liable for our members’ actions, and we are not obligated to take any action.DISPUTES.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Artrvl AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. You and Artrvl agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Artrvl are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. SUBJECT TO ANY RIGHTS YOU MAY HAVE UNDER APPLICABLE LAW, ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Artrvl agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Hong Kong, and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the Hong Kong Arbitration Association. You and Artrvl also agree that the courts in Hong Kong have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Artrvl WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.MISCELLANEOUS.
20.1 Assignment. You may not assign any of your rights or obligations under these Terms without prior written consent from Artrvl. Artrvl may assign any or all of its rights under these Terms, in whole or in part, without obtaining your consent or approval.
20.2 Entire Agreement. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings, between the parties regarding their subject matter.
20.3 Waiver. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof.
20.4 Severability. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect.
20.5 Headings. Headings of sections are for convenience only and shall not be used to limit or construe such sections.
20.7 Survival. Sections 3.5 (Release), 4 (Member Conduct and Content), 5 (Submissions), 9 (Trademarks), 11 (Third-Party Content), 14 (Member’s Representations and Warranties), 15 (Disclaimer of Warranties), 16 (Limits on Liability), 17 (Indemnity), 19 (Disputes), and this Section 20 (Miscellaneous) shall survive any termination or expiration of these Terms.
We collect information you provide to us, such as when you create an account, update your profile, use the interactive features of our Services, participate in contests, promotions or surveys, request customer support or otherwise communicate with us. The types of information we may collect include:
Basic user information, such as your name, username, gender, birth date, email address, mailing address, billing address, phone number, photographs and videos;
Messages and interactive forum information, such as discussion group posts, messages to other Artrvl users and information you provide in connection with activities and events;
Other background, contact and demographic information, such as your occupation, personal URL, IM username, emergency contact, home descriptions, travel history and plans and other interests and self-descriptions you choose to provide;
Information stored on your mobile device, such as your photos, calendar information and contacts, if you have given us permission to access this information; and Information about you from other Artrvl users, such as ratings, connections, public references, and other interconnections and interactions between you and other Artrvl users.Information We Collect Automatically
When you access or use our Services, we may also automatically collect information about you, including:
Location Information: We may collect information about your location each time you access or use our mobile application or website, or otherwise consent to the collection of this information. For more information, please see “Your Information Choices” below.
Device Information: We collect device-specific information when you access our Services, including your hardware model, operating system and version, unique device identifiers, mobile network information and information about the device’s interaction with our Services.
Log Information: We collect log information about how you access or use our Services, including your access times, browser type and language, Internet Service Provider and Internet Protocol (“IP”) address.
Information Collected by Cookies and other Tracking Technologies: We may automatically collect information using cookies, web beacons (also known as “tracking gifs,” “pixel tags” and “tracking pixels”) and other tracking technologies to, among other things, improve our Services and your experience, monitor user activity, count visits, understand usage and campaign effectiveness, and tell if an email has been opened and acted upon. For information about removing or rejecting cookies, please see “Your Information Choices” below.Information We Collect from Other Sources
We may also obtain information from other sources and combine that with information we collect through our Services. For example, if you create or log into your Artrvl account through a third-party social networking site, we will have access to certain information from that site, such as your name, profile picture, connections and other account information in accordance with the authorization procedures determined by such third-party social networking site.
Some of this information may be shared with other users, for example they may be able to see your connections who are also Artrvl users. Please see “Your Information Choices” below for more information about how to manage your sharing preferences.How Do We Use this Information?
Operate and improve our Services;
Protect the safety of Artrvl users and provide our verification service;
Send you technical notices, updates, security alerts and support and administrative messages;
Respond to your comments, questions and requests and provide customer service;
Communicate with you about products, services, offers, promotions, rewards and events and provide other news and information about Artrvl and other third parties;
Monitor and analyze trends, usage and activities in connection with our Services;
Personalize the Services, which may include providing content or features that match user profiles or interests;
Process and deliver contest entries and rewards; and
Link or combine with other information we get from third parties to help understand your needs and provide you with better service.
Transfers of Your Personal Information Abroad
Sharing of Information
With your consent, including if we notify you through our Services that the information you provide will be shared in a particular manner and you subsequently agree to provide such information;
With third party vendors, consultants and other service providers who need access to such information to carry out their work for us;
With others who access or use our Services in accordance with the privacy settings you establish (please see “Your Information Choices” below for more information about how to manage your sharing preferences);
With search engines in order to index the content you provide as part of a discussion forum or public profile;
With partners who run contests, special offers or other events or activities in connection with our Services;
In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company;
If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request, including to meet national security or law enforcement requirements; and
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Artrvl is responsible and liable if third-party agents that it uses to process the personal data on its behalf do so in a manner inconsistent with the Privacy Shield Principles, unless Artrvl proves that it is not responsible for the event that allowed the damage to occur.
Social Media Tools
Third Party Links
Occasionally, at our discretion, we may include or offer third party products or services as part of our Services. These third parties may have separate and independent privacy policies. We therefore have no responsibility or liability for the activities of these third parties and how they collect, use or share information about you. Nonetheless, we seek to protect the integrity of our Services and welcome any feedback about these third parties.
Analytics Services Provided by Others
How Do We Protect Visitor Information?
Artrvl takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.
Your Information Choices
You may change your privacy settings and determine whether certain information about you will be visible to others by navigating to "Account & Settings" on our website and editing your "Privacy Settings."
You may update or correct information about you or deactivate your account at any time by logging into your account and editing your profile. Artrvl will not provide members access to account data that is not already available to a logged in member. Even after you deactivate your account, we may retain certain information as required by law, for legitimate business purposes or to protect member safety. If your account is deactivated, Artrvl will provide access to the data associated with the deactivated account upon receipt of the required legal documentation.
Location Information via Mobile Device
You have the ability to turn location-based services on and off by adjusting the settings of your Internet browser or mobile device and by following the standard uninstall process and removing Artrvl’s application from your device. Doing so, however, may mean that you cannot use all or a portion of our Services.
Most web browsers are set to accept cookies by default. However, you can choose to set your browser to remove or reject browser cookies. Each browser is a little different, so look at your browser's help menu to learn the correct way to modify your cookies. Please note, however, that our Services may not function properly if your browser does not accept cookies.
You may opt out of receiving promotional communications from Artrvl by following the instructions in those emails or by adjusting the appropriate settings in your profile. If you opt out, we may still send you transactional or relationship messages, such as emails about your account.