Terms of Use

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the www.TipStars.Art website (the “Website”) and the TipStars mobile applications and Services (collectively, the “Services”). You agree that by visiting the Services or by registering or using the Services, you are entering a legally binding agreement with TipStars, LLC, in Valley View, OH (“TipStars”) based on the Terms and the Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”). Your access to and use of the Services are conditioned on your acceptance of and compliance with the Agreement. By accessing or using the Services you agree to be bound by the Agreement.

1. Basic Terms

You are responsible for your use of the Services and for any consequences thereof. You may use the Services only if you can form a binding contract with TipStars and are not a person barred from accessing the Services under the laws of the United States or other applicable jurisdictions. If you are under 13 years of age you may not use or access the Services for any reason. Please contact us if you are aware that a person under 13 is using the Services. If you are between the ages of 14 and 18 you may only use the Services under the direct guidance and supervision of a parent or guardian who has accepted the Agreement on your behalf. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services are always evolving and the form and nature of the Services may change from time to time without prior notice to you. In addition, TipStars may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the content or information on the Services, queries made through the Services, or other information. The types and extent of advertising on the Services are subject to change. In consideration for TipStars granting you access to and use of the Services, you agree that TipStars, third party providers and partners may place such advertising on the Services or in connection with the display of content or information from the Services whether submitted by you or others.

We may encourage you to invite your friends and family to join the Services and provide feedback and Tips on your Content. Please only invite third parties that have agreed to receive that type of communications from you. You may not send unsolicited or other emails that could be considered SPAM to third parties regarding the Services.

2. Privacy

Any information that you provide to TipStars is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by TipStars. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your TipStars account, which you may not be able to opt-out from receiving.

3. Passwords

You are responsible for safeguarding the password or credentials that you use to access the Services and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account and with other accounts that you may connect to your TipStars account. TipStars cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

4. Content

By posting Content on or through the Services, you represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third-party posts on or through the Services. However, by posting Content using the Services, you grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. You agree that this license includes the right for us to make your Content available to other Users of the Services, who may also use your Content subject to these Terms.

TipStars has the right but not the obligation to monitor and edit all Content provided by Users.

Please be aware that TipStars does not verify the accuracy any information available on the Services. Any use or reliance on any information you obtained through the Services is at your own risk. We are not responsible for the actions of our Users or your interactions with other Users and we advise you to use the services safely and responsibly. You understand that by using the Services, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. You understand that we may recommend Content to you that you find inappropriate or offensive. Under no circumstances will TipStars be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

5. Viewing Content and Tips

All Users may view any artistic Content uploaded to the Services one time free of charge. If a User wishes to view the artistic Content additional times, they must provide a “monetary Tip”, as provided below. Once a User provides a monetary Tip for the artistic Content, that Content moves to a User’s Playlist, “Tipped” screen, and may be viewed by the user an unlimited number of times through the Services. TipStars reserves the right to require additional monetary Tips or other consideration to keep Content available in a User’s Playlist in the future. Additionally, certain Content may become unavailable or otherwise be removed from a User’s Playlist without any liability or compensation owed to the User. Artistic Content may only be viewed on the Services. Users are expressly prohibited from moving, copying, reproducing or otherwise viewing artistic Content off the Services. Anyone attempting to move, copy, reproduce or view artistic Content off the Services will be banned from using the Services and may face legal action under Copyright or other laws.

Monetary Tips. Users may transfer funds from their bank account or credit card to their TipStars Wallet via Stripe. Users are responsible for all fees associated with using Stripe to transfer funds and any App store fees. Once Users have funds in their TipStars Wallet, they may leave a monetary Tip in any denomination, up to their funds available, directly through the TipStars App. Payment information is subject to the privacy policy and terms of use of Stripe. We recommend you review these policies before uploading any credit card or bank account information. All payments are final. TipStars will not issue any refunds for Tips.

Non-monetary Tips. Users may also leave a Tip in the form of a rating, tag, sticker, comment or suggestion on the artist’s Content. Any non-monetary Tips must follow the rules for Content provided in Section 4 above and in any applicable Community Guidelines (see below). Any users found posting comment Tips in violation of these policies will be banned from using the Services. You acknowledge and agree that any feedback, comments, or suggestions you may provide is entirely voluntary and the artist will be free to use such feedback, comments or suggestions as they see fit and without any obligation to you. You will not acquire any rights, including without limitation, ownership or other property rights, in an artist’s work if they incorporate your suggestion.

Processing Monetary Tips. TipStars will collect the full amount of any funds received from Stripe, net any processing fees, and deposit into the Users TipStars Wallet. As Tips are received from Users, TipStars will transfer the full amount of any Tips received to the User Wallet of the Artist contributor. Artist contributors will receive their payments in their Wallets within the TipStars App. These funds can be transferred to the Artist’s bank account at any time utilizing Stipe. When Artists transfer funds from their TipStars Wallet to their bank accounts, TipStars will deduct 15% as fees for using the TipStars Services. The TipStars fees may change over time.

TipStars will issue appropriate documentation when required to the Internal Revenue Service for Tips withdrawn from for your TipStars Wallet for tax reporting purposes. Users are responsible for paying any additional fees or taxes associated with your use of the Services.

6. TipStars Rights

All right, title, and interest in and to the Services and any content available on the Services are and will remain the exclusive property of TipStars and its licensors. The Services and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. TipStars reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding TipStars, User Content or the Services are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

7. Restrictions On Use Of The Services

We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim Usernames without liability to you.

You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, TipStars’ computer systems, or the technical delivery systems of TipStars providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by TipStars (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with TipStars (NOTE: scraping the Services without the prior consent of TipStars is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.

You agree not to post any Content on the Services that:

  • Is harassing, impersonates another person or entity in a manner that does or is intended to mislead, confuse, or deceive others;
  • Is defamatory, indecent, hateful, racist, xenophobic, homophobic, sexist, sexual in nature, disgraceful, vulgar or otherwise inappropriate;
  • Violates the rights of a third party, including copyright, trademark, privacy, and publicity rights;
  • Violates any applicable TipStars’ Community Guidelines;
  • Is a direct and specific threat of violence to others;
  • Violates any contractual obligation to refrain from photographing, filming or streaming any performance, event, film, concert, sporting event or other happening;
  • Is furtherance of illegal activities; or
  • Is abusive, or constitutes spam.

8. Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to help@TipStars.Art, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Services on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at help@TipStars.Art.

9. Ending These Terms

The Terms will continue to apply until terminated by either you or TipStars as follows.

You may end your legal agreement with TipStars at any time for any reason by deactivating your accounts and discontinuing your use of the Services. In order to deactivate your account, please contact us at help@TipStars.Art.

We may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Community Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Services the next time you attempt to access your account.

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except those Sections you would expect to survive termination.

Nothing in this section shall affect TipStars’ rights to change, limit or stop the provision of the Services without prior notice, as provided above.

10. Disclaimers, Limitations Of Liability and Indemnity

Please read this section carefully since it limits the liability of TipStars and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “TipStars Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The Services are Available “AS-IS”

Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, TIPSTARS ENTITIES DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

TipStars makes no warranty and disclaim all responsibility and liability for: (i) any actions of TipStars’ users or contributors; (ii) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (iii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content; (iv) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; (v) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis; (vi) any advice or information you receive through the Services; and (vii) any injuries or harm you or a third party incurs as a result of information or advice received through the Services. No advice or information, whether oral or written, obtained from the TipStars or through the Services, will create any warranty not expressly made herein.

Links

The Services may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by TipStars of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE en ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE TIPSTARS ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID TIPSTARS, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE TIPSTARS ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the TipStars from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) any Content you upload to the Services, including without limitation, any allegation that your Content violates any privacy, publicity or intellectual property rights of any third party; (2) your failure to comply with the Terms or the Community Guidelines; (3) your interactions with any other TipStars user; (4) your creation of a profile for a third party or your sharing of information or images about a third party on or through the Services;(5) any Content you share or receive on the Services; and (6) any activity in which you engage on or through the Services.

11. GENERAL TERMS. Waiver and Severability

The failure of TipStars to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.

Controlling Law

These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence

Arbitration and Class Action Waiver

Any dispute, controversy or claim arising out of, relating to or in connection with this Agreement or the performance or nonperformance of either party hereto will be submitted to arbitration under the rules and regulations of the American Arbitration Association. The prevailing party will be entitled to recover from the other party its costs and fees, including reasonable attorneys’ fees. Any arbitration brought hereunder will be held in Cuyahoga County, Ohio. The decision and award of the arbitrator will be final and conclusive upon the parties, in lieu of all other legal, equitable or judicial proceedings between them, and no appeal or judicial review of the award or decision of the arbitrator will be taken, but rather any such award or decision may be entered as a judgment and enforced in any court having jurisdiction over the party against whom enforcement is sought. The state and federal courts of Cuyahoga County, Ohio shall have sole jurisdiction of any claims, legal proceedings or litigation to enforce an arbitral award or for any other issue that is not properly subject to this arbitration clause. Further, to the fullest extent permitted by law, you agree that no class or collective actions can be asserted in arbitration or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding.

Relationship Between the Parties

All Artistic contributors are independent contractors of TipStars.  This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between any parties or individuals.

Entire Agreement

These Terms, any applicable Community Guidelines and our Privacy Policy and any applicable are the entire and exclusive agreement between TipStars and you regarding the Services (excluding any service for which you have a separate agreement with TipStars that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between TipStars and you regarding the Services.

We may revise these Terms from time to time, the most current version will always be at help@TipStars.Art. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Services. If you do not wish to be bound by any such revisions to the Terms, you must end these Terms with us as set forth in Section 9 above. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

If you have any questions about these Terms, please contact us at help@TipStars.Art.

TipStars Community Guidelines

Thank you for being a part of the TipStars Community!  We have provided the following Guidelines to help our users have a safe and fun experience.  Please be aware that your failure to follow these Guidelines could result in termination of your account or other legal liability.

User Requirements

  • All users must be 13 years or older of age.
  • Users between 13 and 18 years of age may only use TipStars under the direct supervision of a parent or guardian;

Safety and Conduct

  • Please be careful about the information you share on message boards or other publicly available portions of our Website. Don’t share any information, such as name, phone number, address, email address, or any other information that can be used to identify or locate you.
  • Please be respectful of our community and avoid posting content that is defamatory, indecent, hateful, racist, xenophobic, homophobic, sexist, sexual in nature, disgraceful, vulgar or otherwise inappropriate. Please let us know if you view any content that violates this rule. You can contact us at help@TipStars.Art.
  • You may not use the Services or any information you obtained through the Services to threaten, harass, or bully another user.

Artistic Content

  • You may only upload content that you created and own the full rights.
  • You may not copy or move content off the Services by screenshotting, photographing, video recording, audio recording, or by other means.
  • Please let us know if you believe another user’s content is violating your copyrights or other rights.