ARTIFACT
TERMS AND CONDITIONS OF SUBMISSION

EFFECTIVE May 12, 2018

I. COMPLIANCE WITH TERMS

A. Acceptance of Terms of Use

These Terms of Use apply to all users of the website located at www.girlslevelup.com (“Site”) owned by Artifact Studios Inc., (“ASI”) and the questionnaire https://goo.gl/forms/w2DCsLP056MOpffE2 By using these Sites, you are agreeing to comply with and be bound by these Terms of Use. If you do not agree to these Terms of Use, you may not access or use these Sites.

B. Acceptance of our Privacy Policy

As previously referenced, by using this Site, you are agreeing to comply with and be bound by these Terms of Use; BY AGREEING TO COMPLY WITH AND BE BOUND BY THESE TERMS OF USE, YOU AGREE TO THE TERMS OF OUR PRIVACY POLICY, which is expressly incorporated herein. Before using this Site, please carefully review our Privacy Policy. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms of Use and our Privacy Policy, these Terms of Use control.

YOU MUST BE AT LEAST 13 YEARS OLD TO HAVE OUR PERMISSION TO USE THIS SITE. WE DO NOT KNOWINGLY COLLECT, USE OR DISCLOSE PERSONAL INFORMATION ABOUT VISITORS UNDER 13 YEARS OF AGE. IF YOU ARE UNDER THE AGE OF 13, YOU CAN USE THIS SERVICE ONLY IN CONJUNCTION WITH YOUR PARENT’S OR GUARDIAN’S PERMISSION.

II. OWNERSHIP OF THIS SITE

A. Contents

This Site, including all its content, is protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All content and intellectual property rights therein are the property of ASI, or the material is included with the permission of the rights owner. All content is protected pursuant to applicable copyright and trademark laws.

You understand that ASI presenting and/or providing content on this Site does not constitute a waiver of any of our rights in such content. You do not acquire ownership rights to any such content viewed through this Site.

Except as otherwise provided herein, none of this content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

B. Trademarks and Copyrights

The ASI names and logos, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this Site, unless otherwise noted, are trademarks (whether registered or not), service marks, and/or trade dress of ASI (“ASI Marks”). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within this Site are the property of their respective owners.

You are not authorized to display or use the ASI Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within this Site without the prior written permission of such owners. The use or misuse of the ASI Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.

III. YOUR CONTENT SUBMITTED TO, POSTED ON OR THROUGH THIS SITE

A. Content

You are responsible for the content, including any nonmaterial modifications thereto, that you post, submit, upload, send, or store on the Site (“Your Content”). Under no circumstances will we be liable in any way for any of Your Content.

B. License

You irrevocably grant ASI and its agents, subsidiaries, affiliates, successors, and licensees, a non-exclusive, royalty-free, transferable, worldwide license in perpetuity to use, copy, reproduce, modify, distribute, publicly display and perform, publish, transmit, remove, retain, repurpose, block and commercialize Your Content that you post in any and all media or form of communication whether now existing or hereafter developed, in any language, without obtaining additional consent, without restriction, notification, or attribution.

You own the copyright in any original content you post. ASI does not claim any copyrights in Your Content.

You grant to ASI and its agents, subsidiaries, affiliates, successors and licensees, a NON-EXCLUSIVE, ROYALTY-FREE, TRANSFERABLE, WORLDWIDE LICENSE IN PERPETUITY to use your name and trademarks as they appear in Your Content, if at all. All goodwill arising out of ASI’s use of your trademark will inure to your benefit and you will retain all right and title to your trademarks.

ASI’s use of Your Content is not subject to any guild or other collective bargaining agreement.

C. No Compensation

You grant this license without any financial or other obligation of any nature by ASI.

D. No Obligation

ASI is not obligated to use Your Content.

E. Waivers

You waive any right to approve, enjoin, or impair ASI’s use of Your Content.

F. Representations and Warranties; Obligations

You represent and warrant that you own or otherwise control all of the rights to Your Content and have all necessary rights to grant the license set forth in these Terms of Use;

You represent that Your Content will not infringe any copyright, trade secret, trademark, patent right, confidentiality right, right of publicity/privacy, contract right or any other rights of any individual, living or deceased, or any legal entity;

You represent that Your Content does not contain the image, name or likeness of anyone other than yourself, unless (i) that person is at least eighteen (18) years old and you have first obtained his/her express permission or (ii) that person is under eighteen (18) years old but you are his/her parent or legal guardian;

You represent that Your Content will not contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

You represent that Your Content does not violate ay local, state, national or international law, rule or regulation;

You represent that you are at least eighteen (18) years old and you have read and understood these Terms of Use. If you are under the age of eighteen (18), your parent or legal guardian represents that he/she is your parent or legal guardian and consents to these Terms of Use and agrees to be bound by its terms;

You agree to use this Site in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through this Site any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering, or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. We reserve all rights and remedies available to us.

IV. DISCLAIMERS

ASI makes no representations or warranties with respect to this Site or its content, or any product or service available on or promoted through this Site. This Site and all of its content (including Your Content) are provided on an “as is,” “as available” basis, without representations or warranties of any kind. To the fullest extent permitted by law, ASI, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, custom, course of dealing, course of performance or in any other way, with respect to this Site, its content, and any products or services available or promoted through this Site. Without limiting the generality of the foregoing, ASI, its affiliates, and their service providers and licensors disclaim all representations and warranties (a) of title, non-infringement, merchantability and fitness for a particular purpose; (b) relating to the security of this Site; (c) that the content of this Site is accurate, complete or current; or (d) that this Site will operate securely or without interruption or error.

We do not represent or warrant that this Site, its servers, or any transmissions sent from us or through this Site will be free of any harmful components (including viruses).

ASI does not endorse and is not responsible for statements, advice and opinions made by anyone other than authorized ASI spokespersons. We do not endorse and are not responsible for any statements, advice, or opinions contained in Your Content and such statements, advice, and opinions do not in any way reflect the statements, advice, and opinions of ASI. We do not make any representations or warranties against the possibility of deletion, misdelivery, or failure to store communications, personalized settings, or other data. You accept that our shareholders, owners, officers, directors, employees, and other representatives shall have the benefit of this clause and protection of this disclaimer.

Applicable law may not allow the limitation of certain warranties, so all or part of this disclaimer of warranties may not apply to you.

V. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10.00).

VI. INDEMNIFICATION

By using this Site, you agree to indemnify and hold ASI, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this Site in violation of these Terms of Use and/or arising from a breach of these Terms of Use and/or any breach of your representations and warranties set forth above and/or if any of Your Content that you post using this Site causes us to be liable to another. We reserve the right to defend any such claim, and you agree to provide us with such reasonable cooperation and information as we may request.

VII. THESE TERMS OF USE MAY CHANGE

These Terms of Use are current as of the effective date set forth above. ASI reserves the right to change these Terms of Use from time to time consistent with applicable laws and principles. These changes will be effective as of the date we post the revised version on this Site. Your continued use of this Site after we have posted the revised Terms of Use constitutes your agreement to be bound by the revised Terms of Use. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT THESE TERMS OF USE, YOU MUST NOT USE THIS SITE.

VIII. ENTIRE AGREEMENT

These Terms of Use (together with our Privacy Policy and any Privacy Notices or click-through agreements applicable to you) contain the entire understanding and agreement between you and ASI with respect to this Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and ASI with respect to this Site and your use of this Site.

IX. SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.

X. GOVERNING LAW, JURISDICTION, AND VENUE