VISIONART STUDIOS TERMS OF SERVICE

OVERVIEW

Welcome to the website of VisionArt Studios, Inc. («VisionArt Studios»). We may refer to you by using «you», «your», «customer» or «Issuer» as defined below in these terms. We can refer to ourselves as «we» or «our».

These Terms of Service (these «Terms») set out the terms that you accept and will be bound by, based on the types of registration you have completed. This means that someone who registers for the VisionArt Studios Services will not be considered an Issuer unless the proper registration information has been provided and the Portal has approved that registration. These Terms form a legal agreement (the «Agreement») between you and VisionArt Studios, respectively.

You agree to the Arbitration Agreement and waive the class action lawsuits described below to resolve any dispute (except in matters that may be taken to small claims court).

  1. ACCEPTANCE OF THE TERMS OF SERVICE. These Terms, which include the Privacy Policy, regulate your use of the Service. By using, visiting or browsing the Site or the Services, you accept and agree to these Terms. If you do not agree to these Terms, you do not have permission to use the Services and should not use them.
  1. CHANGES TO THE TERMS OF SERVICE. VisionArt Studios may, from time to time, change these Terms, including the Privacy Policy. Any revision will be effective immediately; provided that, for customers, such revisions exist, unless otherwise indicated, they will take effect 30 days after their publication. We recommend that you review this Agreement each time you use the Services. By continuing to access and use the Services after the changes have been posted, you are indicating that you accept the change, even if you have not reviewed it.
  1. PRIVACY. You agree to provide accurate, current, and complete information as necessary for registration or donation. VisionArt Studios uses a third-party service to process membership requests and bill fees to your chosen authorized payment method. The Portal uses integrated third parties to process your payments and hold funds on your behalf. Personal identifiable information is subject to our Privacy Policy, the terms of which are incorporated here. Please review our Privacy Policy to understand our practices. You hereby agree that Providers may use your personal information in accordance with the terms of the Privacy Policy and to achieve the purpose of any engagement with us.
  1. COMMUNICATION PREFERENCE.  By using the Services, you agree to receive electronic communications from VisionArt Studios for items related to your account for any communication. Such communications may involve sending email messages to the email address you provided when registering or posting communications directly within the Services and may include notices related to your account (for example, payment authorizations, password changes. o Payment method, email confirmation messages and other transactional information) or regarding your relationship with the Suppliers. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirement, including that such communication be in writing. You should maintain copies of electronic communications by printing a paper copy or keeping an electronic copy. You also agree to receive other communications from us, such as newsletters about new features and content from the provider, special offers, promotional announcements, and customer surveys, by email or other methods. If you no longer wish to receive certain non-transactional or non-account related communications, simply unsubscribe by clicking the «Cancel subscription» option at the bottom of the communication. Please see our Privacy Policy for more details on our marketing communications.
  1. SERVICES. VisionArt Studios Services

By using the Website, you represent and acknowledge that (i) you are at least 18 years old or (ii), if you are under 18 but at least 13 years old, you are using the VisionArt Studios Service with the consent of your parents or legal guardian and have received permission from their parents or legal guardian to do so. If you are a parent or legal guardian using the VisionArt Studios Service for a child, you hereby agree to bind your child to this Agreement to indemnify and hold VisionArt Studios and all of its affiliates harmless if your child fails or defies any of its terms or conditions. 

The VisionArt Studios Service and any content viewed through the VisionArt Studios Service are for your personal, non-commercial use only.   

You agree to use the VisionArt Studios Service, including all the features and functionalities associated with it, in accordance with all applicable laws, rules, regulations or other restrictions on the use of the service or its content. You agree not to archive, download, reproduce, distribute, modify, display, publicly perform, publish, license, create derivative works, offer for sale, sell or use the content and information contained in or obtained from or through the VisionArt Service Studios without the express written permission of VisionArt Studios and the applicable rights holders. You also agree not to: circumvent, remove, alter, disable, downgrade, or thwart any of the content protections on the VisionArt Studios Service, Site, and / or Applications ; use any robot, spider, scraper or other automated means to access the VisionArt Studios Service, Website and / or Applications; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service, the Website and / or the VisionArt Studios Applications; insert any code or product or manipulate the content of the VisionArt Studios Service, Site or Applications in any way; or use any data extraction, collection or extraction method on the VisionArt Studios Service, Site or Applications. In addition, you agree not to upload, post, email, or send or transmit any material designed to disrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, Site, and / or VisionArt Studios. Applications, including software viruses or any other code, files or computer programs.

If it is an Issuer, it must be an entity incorporated in one of the states of the United States of America. Your registration will not be automatically accepted and you will have to provide substantial documentation and answers to questions for Portal to properly screen you and your offer to ensure that you are qualified to bid on the Portal and that your offer meets the requirements for a Crowdfunding Offer. The Portal may deny your request for any reason or no reason at its sole discretion, and may at any time cancel your registration and even any active offer if the Portal has reason to believe that the Issuer or the Offer does not They comply or do not comply with the Crowdfunding Regulation.

As Issuer, you represent and agree that you, all your affiliated entities and individuals and your offering qualify and comply with all laws, regulations, rules and guidelines related to Regulatory Crowdfunding and their applicable governing bodies.

As Issuer, you accept and guarantee that all the answers provided and the documents provided to the Portal are true and accurate in all material respects.

In exchange for the Portal services for you as the Issuer, you agree to compensate Portal in a combination of principal and cash as determined and agreed between you and the Portal.

The user’s use of the frequently asked questions tool provided by Portal in each offer cannot include spam messages, advertisements, repeated requests for the same information that the investor or other investors have already requested, publication of irrelevant information or questions not related to the offer, or for any other reason that is not designed to provide or uncover relevant information related to the offer or a possible investment in the offer. 

  1. PASSWORDS AND ACCOUNT ACCESS

The customer who created the VisionArt Studios account and whose payment method is charged is referred to here as the Account Owner. The account owner has access and control over their VisionArt Studios account. Control of the account owner is exercised through the use of the account owner’s password and therefore, to maintain exclusive control, the account owner should not reveal the password to anyone. Additionally, if the account holder wishes to prohibit others from contacting VisionArt Studios customer service and potentially disrupting the account holder’s control, the account holder should not disclose the details of the payment method (for example, the last four digits of the credit or debit card used for the account), associated with the account.

You are responsible for updating and maintaining the truthfulness and accuracy of the information you provide to us related to your account.

You should consider any communication they request that you send your credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your confidential account information by going directly to the Site and not via a hyperlink in an email message or other electronic communication, even if it seems official.

If any provision or provisions of these Terms are deemed invalid, illegal or unenforceable, the validity  legality and enforceability of the remaining provisions will remain in full force and effect.      

  1. THIRD PARTY WEBSITES AND THIRD PARTY DATA PROVIDERS

Use of third party websites. You may use the Site to log into various third party sites that are not owned or controlled by VisionArt Studios by using your login credentials for an existing VisionArt Studios account. The third-party websites that you can log into may change from time to time. Currently, they include Google, Twitter, Facebook, and LinkedIn. It is sometimes possible to configure your privacy settings for your third-party website accounts to allow your activities on the Site to be shared with your contacts on your third-party website accounts (as further detailed in our Privacy Policy). Notwithstanding the foregoing, you agree that the use of third party website credentials to log into this Site is governed by the terms and conditions of the terms of use and privacy policy of the associated third party website, including, among others, said third parties. — the party’s website password, account security policies, and user-generated content posting and acceptable use policies. VisionArt Studios provides links to third party websites solely for your convenience. VisionArt Studios does not review, approve, endorse, or make any representations regarding third-party websites , the companies or individuals that own and / or operate them, or any information, software, or other products and services available through those sites. web, including the results that can be obtained by using them. You should use common sense and your own judgment when accessing such sites. If you decide to access any third party website linked from this Site, you do so at your own risk and you are solely responsible for your activities in connection with such site. Your use of third-party websites is subject to the terms and conditions of use and the privacy policies maintained by such third-party websites, which may be different from those expressed in this document. You acknowledge that third party websites may have privacy policies different from our Privacy Policy, including, but not limited to, different uses of passwords, account security, posting of user-generated content, and acceptable use policies.

Third-party data providers. VisionArt Studios may, from time to time, include information from third party data providers on its website. Information from such third party data providers is governed by that third party’s terms of service, or not ours. It is your responsibility to ensure that your use of the information on the website complies with the applicable third party terms of service.

  1. ARBITRATION AGREEMENT.

“This agreement contains an arbitration clause prior to the dispute. By accepting this Agreement, the parties agree to the following: (A) All parties to this agreement waive the right to sue each other in court, including the right to a trial by jury, except as provided by the rules of arbitration, in which a claim is made. (B) Arbitration awards are generally final and binding; The ability of a party to have a tribunal revoke or modify an arbitration award is very limited. (C) The ability of the parties to obtain documents, witness statements, and other discoveries is generally more limited in arbitration than in court proceedings. (D) Arbitrators do not have to explain the reason for their award unless, in an eligible case, all parties have submitted a joint request for an explained decision to the panel at least 20 days prior to the first scheduled hearing date. (E) The panel of arbitrators may include a minority of arbitrators who were or are affiliated with the securities industry. (F) The rules of some arbitration forums may impose time limits for filing a claim in arbitration. In some cases, a claim that is not eligible for arbitration can be filed in court. (G) The rules of the arbitration forum in which the claim is presented, and any amendments thereto, will be incorporated into this agreement”.

Most customer concerns can be resolved quickly and to customer satisfaction by emailing the VisionArt Studios Customer Service Department at rose@visionart.org

In the unlikely event that the Customer Service Department at VisionArt Studios is unable to resolve your complaint to your satisfaction (or if VisionArt Studios has been unable to resolve your dispute after attempting to do so informally), you and VisionArt Studios agree to resolve any dispute ARISING UNDER THIS AGREEMENT. This includes any claim against other parties related to services or products provided or billed to you under the direction of VisionArt Studios or on your behalf or on your behalf (such as by providers, distributors or third-party providers of VisionArt Studios) provided that you also make claims against us in the same procedure.

  1. SURVIVAL

If any provision or provisions of these Terms of Service are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will remain in full force and effect.

 

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