Terms of Service
Last Updated: August 15, 2023
These Terms of Service ("Terms") govern your access to and use of the Artist Empowerment Platform. Please read them carefully.
1. Acceptance of Terms
By accessing or using the Artist Empowerment Platform ("Platform") operated by LEEWAY through RapidWebDevelop.com ("we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.
If you do not agree to these Terms, you must not access or use the Platform. If you are accessing the Platform on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.
The Platform is intended for use by individuals who are at least 16 years of age. By using the Platform, you confirm that you meet this requirement.
2. Account Registration and Security
2.1 Account Creation
To use certain features of the Platform, you must register for an account. During registration, you agree to provide accurate, current, and complete information about yourself as prompted by our registration process. You also agree to update this information to maintain its accuracy.
2.2 Account Security
You are responsible for safeguarding the password and any other credentials used to access your account. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions.
2.3 Unauthorized Access
You agree to notify us immediately of any unauthorized access to your account or any other breaches of security. We cannot and will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
2.4 One Account Per User
Each user may maintain only one account. If we detect multiple accounts created by the same user, we reserve the right to merge or terminate the additional accounts.
3. Content and Intellectual Property
3.1 Content Ownership
By using the Platform, you retain all rights to your content. We do not claim ownership of any content that you create, upload, or display on or through the Platform.
3.2 Content License
You grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, and modify your content solely for the purpose of operating and improving the Platform. This license ends when you delete your content or your account (except to the extent content has been shared with others, and they have not deleted it).
3.3 Content Representations
You represent and warrant that:
- You either own or have the necessary rights to all content you submit to the Platform
- Your content does not violate any intellectual property rights, privacy rights, or other rights of any person or entity
- Your content complies with these Terms and all applicable laws and regulations
3.4 Platform Intellectual Property
All intellectual property rights in and to the Platform (excluding content provided by users) are owned by us or our licensors. These Terms do not grant you any right to use our trademarks, logos, domain names, or other distinctive brand features.
3.5 Feedback
If you provide us with any feedback or suggestions regarding the Platform ("Feedback"), you assign to us all rights in such Feedback and agree that we have the right to use and fully exploit such Feedback in any manner we deem appropriate.
4. Platform Fees and Revenue Sharing
4.1 Fee Structure
In exchange for using the Platform, we retain 15% of all revenue generated through your Platform. You receive the remaining 85% of revenue. This fee covers our operating costs, including hosting, development, security, and maintenance.
4.2 Payment Processing
Payment processing fees charged by third-party payment processors are included in our 15% fee. We do not impose additional fees or charges for standard payment processing.
4.3 Payout Schedule
We issue payments on a weekly basis, provided your account is in good standing and compliant with these Terms. The minimum payout threshold is $20 USD (or equivalent in your local currency). Amounts below this threshold will be carried over to the next payout period.
4.4 Taxes
You are responsible for all taxes associated with your use of the Platform and any revenue you generate, including sales tax, VAT, income tax, or any other applicable taxes. We may collect and remit certain taxes where required by law, but this does not relieve you of your tax obligations.
4.5 Refunds and Chargebacks
In the event of customer refunds or chargebacks, the corresponding amount will be deducted from your current or future payouts. We reserve the right to establish a reasonable refund policy to maintain platform integrity and customer satisfaction.
5. Prohibited Conduct
You agree not to engage in any of the following prohibited conduct:
5.1 Legal Compliance
- Violate any applicable law, regulation, or third-party right
- Use the Platform for any illegal purpose or in support of illegal activities
- Engage in any activity that violates sanctions, export controls, or trade restrictions
5.2 Content Restrictions
- Post content that is defamatory, obscene, pornographic, or harmful to minors
- Distribute content that promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group
- Share content that is false, inaccurate, or misleading in a way that could cause harm
- Upload content that infringes upon any patent, trademark, trade secret, copyright, or other intellectual property right
5.3 Platform Security
- Attempt to interfere with, compromise, or disrupt the Platform or servers connected to the Platform
- Use the Platform to distribute malware, viruses, or other harmful computer code
- Engage in any activity that places excessive load on our infrastructure
- Bypass or circumvent measures we may use to prevent or restrict access to the Platform
5.4 Account Conduct
- Impersonate another person or misrepresent your affiliation with any person or entity
- Sell, trade, or transfer your account to another party
- Collect or store personal data about other users without their express permission
- Use the Platform for spamming or unsolicited commercial communications
We reserve the right to remove content, suspend or terminate accounts, and take other appropriate actions against users who violate these prohibitions.
6. Termination
6.1 Termination by You
You may terminate your account at any time by following the instructions on the Platform. Upon termination, your profile will be disabled, but your content may remain on the Platform as detailed in our data retention policies.
6.2 Termination by Us
We reserve the right to suspend or terminate your account at any time for violations of these Terms or for any other reason at our sole discretion. We may, but are not obligated to, provide you with advance notice of such termination.
6.3 Effects of Termination
Upon termination of your account:
- Your right to use the Platform will immediately cease
- We may delete or anonymize your content, except as required by law or for legitimate business purposes
- Any outstanding payments will be processed according to our regular schedule, provided your account was in good standing
- All provisions of these Terms that should survive termination shall remain in effect
7. Disclaimer of Warranties
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
WE DO NOT WARRANT THAT:
- THE PLATFORM WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION
- ANY ERRORS OR DEFECTS WILL BE CORRECTED
- THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- THE RESULTS OF USING THE PLATFORM WILL MEET YOUR REQUIREMENTS
YOUR USE OF THE PLATFORM IS SOLELY AT YOUR OWN RISK.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
- ANY DAMAGE, LOSS, OR INJURY RESULTING FROM YOUR ACCESS TO OR USE OF THE PLATFORM
- ANY CONTENT OBTAINED FROM THE PLATFORM
- UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID US IN THE PAST SIX MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Changes to Terms
We may modify these Terms at any time by posting the revised Terms on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms. If the changes are significant, we will provide a more prominent notice or send you an email notification.
It is your responsibility to review these Terms periodically. If you do not agree to the modified terms, you should discontinue your use of the Platform.
10. Governing Law
10.1 Applicable Law
These Terms shall be governed by the laws of the State of Wisconsin, without regard to its conflict of law provisions.
10.2 Dispute Resolution
Any disputes arising under these Terms shall be resolved in the state or federal courts located in Milwaukee County, Wisconsin. You consent to the personal jurisdiction of such courts and waive any objection to venue in these courts.
10.3 Waiver of Class Actions
You agree to resolve any disputes on an individual basis and waive any right to bring, join, or participate in class actions, class arbitrations, or representative actions.
10.4 Limitation Period
Any cause of action or claim you may have arising out of or relating to these Terms or the Platform must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.
