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Terms and Conditions of Service

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Last updated:
April 8th, 2024

AGREEMENT TO OUR LEGAL TERMS

We are Voxmojo LLC, doing business as Uncool Artist (“Company,” “we,” “us,” “our”). a Company registered in New York, United States, at 16 Waverly Ave, #300, New York, NY 11205.

We operate the websites (“Uncool Artist Online” or “UA Online”, an E-Commerce Site, at https://www.uncoolartist.online and “Uncool Artist” at https://www.uncoolartist.com), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

You can contact us by email form at https://www.uncoolartist.com/contact or by mail to 16 Waverly Ave, #300, New York, NY 11205. United States.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Voxmojo LLC, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES, AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to review these Legal Terms to stay informed of updates periodically. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

Your use of the site(s) is subject to Uncool Artist’s Privacy Policy and Community Guidelines. Please review our Privacy Policy, which also governs the Site(s) and informs users of our data collection practices.

We recommend that you print a copy of these Legal Terms for your records.

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Table of Contents

1. OUR SERVICES

 

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws. if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

 

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only.

 

2.1. Your use of our Services

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable license to:

 

• access the Services; and
• download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

 

For more details, please refer to Uncool Artist Logomark Usage Terms and Conditions.

 

If you wish to make any use of the Services, Content. or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to at https://www.uncoolartist.com/contact. If we ever grant you the permission to post, reproduce. or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

 

2.2. Your submissions

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when
you post or upload any content through the Services.

 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

 

You are responsible for what you post or upload: By sending us Submissions through any part of the Services you:

 

• confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send. publish, upload. or transmit through the Services any Submission that is illegal,
  harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or
  misleading:
• to the extent permissible by applicable law, waive any and all moral rights to any such Submission:
• warrant that any such Submission are original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us
  the above-mentioned rights in relation to your Submissions: and
• warrant and represent that your Submissions do not constitute confidential information.

 

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (bo) any
third party’s intellectual property rights, or (c) applicable law.

3. USER REPRESENTATIONS

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms: (2) you are not a minor in the jurisdiction in which you reside: (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise: (4) you will not use the Services for any illegal or unauthorized purpose: and (5) your use of the Services will not violate any applicable law or regulation.

 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use
of the Services (or any portion thereof).

4. PURCHASES AND PAYMENT

We accept the following forms of payment:

 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. Dollars or, in some cases, Brazilian Real.

 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

 

5. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

 

Uncool Artist does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Sites only with permission of a parent or guardian.

 

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, or for AI training, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead other users and us especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “perns”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services or any portion of the Services.
• Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

6. USER GENERATED CONTRIBUTIONS

The Services does not offer users to submit or post content beyond the user’s profile page. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services’ Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the website, and other users of the website to use your Contributions in any manner contemplated by the website and these Terms and Conditions.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the website and these Terms and Conditions.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms and Conditions, or any applicable law or regulation.
15. Any use of the website in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the website.

 

Uncool Artist has no obligation to monitor the Communication Services. However, Uncool Artist reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Uncool Artist reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Uncool Artist reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Uncool Artist sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Uncool Artist does not control or endorse the content, messages or information found in any Communication Service and, therefore, Uncool Artist specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Uncool Artist spokespersons, and their views do not necessarily reflect those of Uncool Artist.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to https://uncoolartist.online or Posted on Any Uncool Artist Web Page
Uncool Artist does not claim ownership of the materials you provide to https://uncoolartist.com and https://uncoolartist.online (including feedback and suggestions) or post, upload, input or submit to any Uncool Artist Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Uncool Artist, our affiliated companies and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. Uncool Artist is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Uncool Artist’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

7. CONTRIBUTION LICENSE

You and Services agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Services, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

8. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

 

8.1. Links to Third Party Sites/Third Party Services

https://uncoolartist.com  and https://uncoolartist.online may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Uncool Artist and Uncool Artist is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Uncool Artist is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Uncool Artist of the Site or any association with its operators.

Certain services made available via the Sites are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://uncoolartist.com and https://uncoolartist.online domains, you hereby acknowledge and consent that Uncool Artist may share such information and data with any third party with whom Uncool Artist has a contractual relationship to provide the requested product, service or functionality on behalf of https://uncoolartist.com and https://uncoolartist.online users and customers.

9. PRIVACY POLICY

We care about data privacy and security. Please review our Privacy Policy: https://uncoolartist.online/privacy-policy/. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please be advised the Services are hosted in Brazil. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in Brazil , then through your continued use of the Services, you are transferring your data to Brazil, and you expressly consent to have your data transferred to and processed in Brazil.

10. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

11. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

 

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

 

11.2. If you have a Membership Plan purchased via Stripe after January 24th, 2024, the following terms apply:

 

• We may make minor changes to the Services we provide to reflect changes in relevant laws and regulations or to make minor technical adjustments and improvements, for example, to address a security threat.
• We may make changes to these Terms or material changes to the Services, if we do this we will try to notify you. If you do not want to continue receiving our Services because of these revisions or changes, you may terminate your Membership by notifying us by email to info@uncoolartist.com within 7 days of us notifying you of the change.
• We will use all reasonable endeavors to provide the Services during the period of your Membership.
• We are not responsible for delays beyond our control. If Services are delayed by an event beyond our control then we will try to contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. We will not be liable for such delays, but if there is a risk of substantial delay (of more than 72 hrs) you may contact us to end your Membership.
• We may suspend the Services to deal with technical problems or make technical changes; update the Services to reflect changes in relevant laws and regulatory requirements; and/or any other reason. We will try to contact you in advance to tell you we will be suspending Services regarding technical problems if they require more than 24hrs to be completed, unless this is because of an emergency. If we have to suspend the Services for longer than 72hrs in any 30 days we will adjust the Fees so that you do not pay for Services while they are suspended. You may contact us to end the Membership if we suspend Services for a period of more than 7 days.
• We may also suspend the Services if you have not paid us for Services when you are supposed to have done and you still do not make payment within 7 days of us reminding you that payment is overdue. In this case we may suspend Services until you have paid us the outstanding amounts.
• We may partially suspend Our Services during U.S. holidays and staff breaks at the end of the year. These breaks will be announced in advance on our General Calendar.

11.2. Offers, Promotions and Reward Schemes

• We may run offers, promotions and reward schemes (Promotional Offer(s)) which may include discounts on Membership Fees, free trial periods or additional free downloads. Any such Promotional Offer, will have its own terms and conditions that are separate to these Terms.

12. GOVERNING LAW

These Legal Terms and your use of the Services are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.

13. DISPUTE RESOLUTION

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 90 (ninety) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

 

Binding Arbitration

Any dispute arising out of or in connection with these Legal Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the  International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be 3 (three). The seat, or legal place, or arbitration shall be New York City. The language of the proceedings shall be English. The governing law of these Legal Terms shall be substantive law of the state of New York.

 

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

 

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Uncool Artist agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

14. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

15. DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. VOXMOJO LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

VOXMOJO LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. VOXMOJO LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOXMOJO LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF VOXMOJO LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

16. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,

EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR . CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

17. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the Services; (2) breach of these Legal Terms; (3) any breach of your representations and warranties set forth in these Legal Terms; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

18. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services.

 

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

We use reasonable firewall, virus and content filtering software, but We cannot guarantee 100% security or that the Website will be free from bugs, viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. We shall not have any responsibility for damage to, unauthorized access to, or viruses or other code that may affect the Service or content provided to you by us on any computer equipment, software, data or other property as a result of your access to Our Website. We shall also not be responsible for the actions of third parties in breaching our security measures.

19. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

20. MEMBERSHIP PLANS

There are various payment and subscription options available for using the Services. These options can be found in the individual Services and may change from time to time. Once you register and make Your initial payment is processed, your subscription has begun, and you can immediately access the relevant Service. We will email you to confirm our acceptance. At this point your Membership contract between you and Us will start. If We are unable for any reason to accept your Membership order, We will inform you of this in writing and will not charge you.

 

When you purchase a Membership Plan this gives permission for one named person (Participant) to use Our Services. You will need to choose a unique username and password in order to access your Membership Services. You must ensure these are kept confidential and not shared with anyone else. If you know or suspect that someone else is using your account details you must promptly notify us at admin@uncoolartist.online.

 

20.1. Automatic Renewals of Memberships.

Unless otherwise noted in the terms of your offer, subscriptions automatically renew, except for UA Lifetime Membership. This means that once you sign up for a membership, it will automatically renew based on the subscription type you chose (e.g. annually, monthly, etc.). Unless you are notified otherwise, you will be charged the rate stated at the time of purchase (plus applicable taxes, such as value added tax when the stated rate doesn’t include VAT) at the beginning of the billing term of your membership via the billing method you have provided to us. Please ensure that your billing information is correct to prevent an interruption in your membership.

Prices and terms for membership subscriptions may change at any time. The price and terms in place when you made your initial purchase or when your subscription last renewed will stay in effect for the duration of that membership period, but new prices and terms may apply to renewals or new subscriptions. We will give you reasonable notice of any change in price or terms before they go into effect. If you do not want to renew your membership under these new prices or terms, you should cancel your subscription as described below.

 

20.2. Access Membership Plan

The Access Membership plan grants the You (the “User” or “Participant”) access to the basic features and functions of our platform (uncoolartist.online). These features include preference to Open Calls created and/or organized by us and access to:

• Our Media Library;
• Our general public groups;
• Editing the own participant’s profile page;
• Our chat and video chat tool;
• Our general calendar of events;
• Acquire exclusive extra services provided by us;
• Participate in exclusive events organized by us;

20.3.   Monthly or Yearly subscriptions

• • Monthly subscription: If you choose a monthly Membership subscription you will have a monthly contract which will automatically renew each month. We will automatically charge you on each monthly renewal date (Renewal Date). Your Membership will continue to automatically renew unless either you or we choose to cancel it. There is no commitment beyond your current monthly contract period. You can cancel your Membership Plan at any time, if you do so your Membership will continue until your renewal date and you will not be charged again.
  • Yearly subscription /Annual Billing: If you choose a yearly Membership subscription you will benefit from a lower monthly equivalent price, but you will be charged a fee for the full year when you sign up and again at each annual renewal (Renewal Date). You agree to a 12 month contract which will automatically renew annually. Your Membership will continue to automatically renew unless either you or we choose to cancel it. You can cancel your Membership Plan at any time, if you do so your Membership will continue until the end of your 12 month contract period and you will not be charged again.
•  

  • Subscriptions Longer than a Month, Billed Monthly

    Where we may offer, some subscriptions longer than a month may be eligible for monthly billing. Even though you will be billed monthly, you are committing to the entire length of your subscription (e.g. 6 months or 12 months). Except as outlined below, if you cancel this type of subscription before the end of your subscription term, you are not eligible for a refund, but you will retain access to the relevant Services for the remainder of any paid months (after which your subscription will be cancelled), and you may be charged a cancellation fee. This does not affect your statutory rights. If your subscription did not begin with a free trial, during the first 14 days of your first subscription term you may either (1) cancel immediately for a full refund of the first month’s fee and immediate loss of access, or (2) cancel effective at the end of the first month, subject to a cancellation fee. If you change from this type of subscription to a different type of subscription before the end of your subscription term, you will receive a prorated refund for the remainder of the current paid month, and you may be charged a cancellation fee.

If your Renewal Date is on the 29^th, 30^th, or 31^st day of a month, and the current month does not have the equivalent day then your plan will renew on the last day of the current month.

• •  

20.4.   Lifetime Membership Plans – if you have a UA Lifetime Membership Plan you can see the additional specific terms for your membership here.

 

20.5. Membership Fees

• 20.5.1. When and how you must pay Fees. The Fees you pay will vary depending on which Membership Plan and subscription period you choose. Any VAT or local taxes that are applicable to your country/Territory will be added to the Fee and shown at the checkout. We accept payment of Fees only with Visa, MasterCard and American Express credit and debit cards through our Website by way of direct debit. We use Stripe Inc., a payment service provider, to enable our customers to make payments (and we reserve the right to use other payment providers in the future). Monthly/annual direct debit payments will be taken on a rolling monthly/annual basis on the start date and each Renewal Date, until termination of the Membership Plan.

• 20.5.2. Fees are calculated and collected in US dollars. If you pay with an account card that is not in USD the amount you pay will depend on fluctuations in exchange rates.

• 20.5.3. We may increase the Fees by giving you at least one calendar month’s notice of the revised Fees. If you do not want to pay these revised Fees you can terminate the Membership contract by giving us written notice at any time prior to the revised Fees becoming payable.

20.6. Ending your Membership

• 20.6.1. If you have a monthly or yearly billed Membership Plan you may end your Membership at any time by deleting your payment method on your account page (https://uncoolartist.online/my-account/payment-methods/) or, in case of legacy users that paid through older methods (like PayPal), contact us via email to info@uncoolartist.com requesting a cancellation. Your Membership will cease at the end of the billing cycle and you will lose access to the plan features.

• 20.6.1. If you have a Membership Plan and wish to end your Membership because of our act or fault according to our Terms of Services, you must notify us via email to info@uncoolartist.com. If we agree the reason is covered here we will end your Membership and refund you for any Services which you paid for but have not been provided. Any refund due will be calculated based on the proportion of time that is remaining on your current Membership.

20.7. Our right to end your Membership

If you breach these Terms or we may end your Membership on giving you written notice. You will not be entitled to any refund.

21. CANCELLATION OF PROGRAMS AND REFUND POLICY FOR PROGRAMS AND MEMBERSHIP PLANS

Any membership plan purchased with discounts, limited offers, special offers or coupon codes are not refundable.

21.1. Cancellation/Refund Policy for Uncool Artist Programs

Once you have been accepted and paid all the required entrance and enrollment fees for one of our programs (e.g. in-person UA Residency, ILAP), and submitted your agreement/registration, refunds will not be issued.

Payments made with a scholarship discount granted for a program are non-refundable. In the event of cancellation of installment payments benefiting from a discount scholarship, Uncool Artist must be reimbursed the total amount proportional to the time attended in the course/program, plus a 30-day advance notice formalized.
To cancel your program association (except in-person UA Residency, see below), please provide 30 days advance notice formalized by sending an email to info@uncoolartist.com to avoid incurring any additional charges after the 30-days.

Regarding the in-person UA Residency, a full refund of the Program Fee (only) is available up to 8 weeks prior to the beginning of the cycle(s) the resident has enrolled. 50% of the program fee is refundable up to 4 weeks prior to the beginning of the cycle(s) the resident has enrolled. Note that if the resident is enrolled in more than one cycle, the date of the first cycle is the one that counts as the beginning. After these timeframes, the program fee is not refundable.

For more information on refunds, please refer to the details specific to your purchase or contact us at info@uncoolartist.com with any questions.

21.2. Refund Policy for monthly and annual membership subscriptions

If you cancel your subscription payments for a membership within 3 business days of signing up to a paid monthly or annual membership, we will refund your subscription fee minus fees charged on purchase by the Payment Service Provider in charge of the transaction.

21.3. Refund Policy for UA Lifetime Membership subscription

If you cancel your UA Lifetime Membership within 30 business days of signing up to it, we will refund your subscription fee minus fees charged on purchase by the Payment Service Provider in charge of the transaction.

21.4. Refunds via Stripe

Stripe submits refunds to your customer’s bank immediately, but depending on the bank processing time, it can take anywhere from 5-10 business days to show up on your customer’s bank account.

Depending on when the refund was submitted, the refund may be processed as a reversal. This means that the original charge will drop off of the bank statement as if it never occurred, and thus the customer will not see an actual refund for the inverse amount of the original charge.

In the event the You believe that the original charge still exists, and 10 business days has elapsed without a credit, You should reach out to their bank for additional information.

21. CANCELLATION AND TERMINATION OF ACCOUNT

If You should want to terminate your Participant’s Account, making your profile page unavailable to other participants and visitors of Our websites and have all your data deleted, notify Us by email at info@uncoolartist.com and the process should be done within 48hrs.

21. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Voxmojo LLC.

16 Waverly Ave #300

New York, NY 11205 United States