This is a legal agreement (the “Agreement”) between you, or the “Artist,” and Big Motion Studio, LLC, a Florida limited liability company, d/b/a “PLACEART,” with its principal office located at 1680 W. 33RD Place, Hialeah, FL 33012 (also referred to as “PlaceArt”). “You” or “Your” shall also shall refer to the Artist. Artist and PlaceArt may also each be referred to as a “Party,” and together as the “Parties.”
PlaceArt owns and operates this website, or placeart.app, and related mobile applications (together, the “Website”). This Agreement states the terms and conditions that govern Artist’s use of this Website, and the services provided or sold to Artist by PlaceArt through the Website. Further, this Agreement describes and controls the rights You are granting to PlaceArt in any photographs, images, vectors, moving images, animations, films, videos, audiovisual works or other media together with any associated keywords, metadata, descriptions, and/or titles submitted by You to PlaceArt (collectively, "Content").
This Agreement shall incorporate and include all information provided by You, as the Artist, to PlaceArt through the Website, and through third-party applications used by the Website to obtain Artist information; upload and obtain Content from Artist; obtain payment and billing information from Artist; check-out and process payments of Artist (together, the “Online Application Process”). For certain types of features available through the Website, including the Online Application Process, create usernames and passwords, upload your Content and to create your user account ( your "User Account"), and You agree that we may do so.
This Agreement shall therefore incorporate all information and content provided by Artist through the Website and the Online Application Process, including all Content, User Account information; Artist’s name, email and address; and any consents, acknowledgements or any other information provided by Artist through the Online Application Process. This Agreement, which includes the Online Application Process, shall constitute and shall be part of one agreement between Artist and PlaceArt.
This Agreement is subject to changes, updates and additional terms, rules and policies, which are effective upon posting on the Website. You agree to be bound to any changes to this Agreement when You use this Website.
PlaceArt offers services (the “Services”) to Artist that allows Artist to create a User Account, upload Content and exhibit Content on our Website to third party customers of PlaceArt (the “Customers”). The Services are sold by PlaceArt to Artist through the Website and Online Application Process, and vary according to selection purchased by Artist (the “Subscription”).
Artist’s Subscription is a thirty (30) day subscription commencing from the date of purchase that renews automatically every thirty days thereafter. By selecting the Subscription, Artist agrees to pay the Subscription fee for the Subscription selected by Artist (the “Subscription Fee”). The Subscription Fee auto-renews every thirty-days thereafter (the “Renewal Period”), and Artist agrees to pay the Subscription Fee for every Renewal Period thereafter through automatic payments from your User Account. Artist consents to having PlaceArt obtain all necessary information from Artist’s User Account to process and make auto-payments for each Renewal Period.
Artist agrees to pay for any and all Subscription Fees and that PlaceArt may charge Artist’s User Account for all Subscription Fees and debit Artist during any Renewal Period.
Artist or PlaceArt may terminate Subscription, with or without cause, at least thirty days before commencement of the next Renewal Period. Automatic payments of the Subscription Fee will continue through the next Renewal Period if Artist terminates less than 30 days before commencement of the next Renewal Period. Failure of Artist to pay Subscription Fee, will terminate Subscription immediately.
For the sake of clarity, your Content will remain available to Customers during the Renewal Periods until termination of your Subscription becomes effective as described above. If your subscription is terminated immediately by PlaceArt, your Content, at PlaceArt’s sole discretion, may remain available to Customers for an additional 30 day period after the immediate termination.
For each Subscription you will require to create your own User Account. Your User Account will be used by Artist to create your username and password, upload and manage Content and create your user portfolio, input your credit card or debit card, or banking information for processing Subscription Fee payments and Compensations, monitor Customer purchases of your Content.
You agree to provide true and complete information relating to your User Account and Content, including but not limited to information relating to the date, location and equipment used in connection with creation of the Content, your personal information, and banking and payment information. You warrant and represent that the information relating to your User Account and Content is true and correct, and complete.
Artist is solely responsible for updating banking, credit card, debit card or any other information regarding payments or payment processing, email or contact information. Artist must ensure that any such information is current and up to date at all times.
By creating a User Account, you express your consent to the We