Terms of Service

Welcome to Cinder Street!

We’re excited to have you!

Cinder Street’s self-service platform is composed of a community for Contemporary Artists, Art Organizations, and Art Lovers!

The services (“Services”) on Cinder Street are provided by Cinder Studio Inc. Any application, interface, or website that is produced by Cinder Studio Inc., and provides a link to this Terms of Service document, is in-scope as “Services” governed by these Terms of Service.

Early access restrictions

Objectionable material

It is the intention of the Cinder Street platform to be safe for general use. However, fine-art contains various gray areas in relation to controversial topics. We are not yet sure how the community will evolve as Artists onboard. We'll do our best to keep with the spirit of fine-art as the company grows.

For now, the Cinder Street self-service platform is currently providing an Early Access release. During this period our systems may not accurately detect and filter objectionable material that may not be suitable for certain individuals including all individuals under the age of 18. This includes material that contains nudity. We expect all nude works to be in the format of fine-art, however, we desire to work with our community to best define when a line is crossed.

Until we have all of this figured out, if you are below the age of 18 you may not use this service at this time.

If you are not comfortable viewing material that includes nudity or other objectionable material, please do not proceed until we have had sufficient time to provide sufficient filtering of this content for your needs. As we make improvements in this space we will make updates to this policy and send a notification to our users.

Limitation of liability

Cinder Studio Inc. takes no responsibility and assumes no liability for any Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

Notice

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

Age restrictions

Some Content may be considered sensitive by some individuals.

Using this service you must affirm to be above 18 years of age.

In the future, we would like to open the service up to more audiences. At such time we may allow individuals under 18 years of age to join if they possess legal parental or guardian consent to use the Services. In all cases, you may not be younger than 13 years of age, regardless of parental or guardian consent.

Competence restrictions

You must be fully able, competent, and capable to enter into a legal agreement with Cinder Studio Inc. to use the Services.

Acceptance of terms

By accessing these Services you are agreeing to the Terms of Service. If you do not agree to the Terms of Service, do not use the Services.

Service changes

Cinder Studio Inc. is regularly engaged in changing the Services frequently. As the services change there may be times when the Terms of Service may also need to change. We will attempt to notify you when major changes are made to these Terms of Service. However, the lack of notification does not exempt you from the requirement to periodically review the most up-to-date version. If you use the service, it is your duty to understand the most up-to-date terms of that service.

Cinder Studio Inc. may, in its sole discretion, modify or revise these Terms of Service at any time. You agree to be bound by such modifications or revisions.

We may also suspend, modify, or stop providing our Services to you at our sole discretion and for any reason.

Misuse of the Services

Don’t misuse the Services.

The Services are currently only marketed to the United States marketplace. If you are using these services outside of the United States, you must only use the Services as permitted by local and regional laws where you reside.

For residents of the United States, do not use the Services in any form that is contrary to local, state, or United States laws.

We may suspend, modify, or stop providing our Services to you at our sole discretion and for any reason.

Intellectual Rights.

Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use Content from our Services unless you obtain permission from its owner or are otherwise permitted by law.

We may suspend, modify, or stop providing our Services to you at our sole discretion and for any reason.

Our branding

These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Source of content

Much of the Content provided by the Services is not owned or produced by Cinder Studio Inc. The Content made available through this service is the sole responsibility of the entity that has made such Content available. At our discretion, we may remove Content for any reason and without warning. However, the volume of Content is sufficient that it cannot reasonably be manually reviewed before posting and we make no such claim to do so.

Your content

Cinder Street is first and foremost an Online Marketing Platform. Content uploaded to Cinder Street is thus intended for worldwide public distribution. Do not upload content that you do not want to broadcast to a potentially worldwide audience.

Your Content may find its way onto the Services by your own entry or by means of our search engine crawler or third party. In both cases, you are in control of deciding if your Content will be listed within our indexes and in our Services.

Search engine crawlers can be instructed to remove a domain (or specific pages) by means of special files or tags placed on your website by the domain administrator. Please reach out using our feedback form if you don't know how to do this.

You retain ownership of any intellectual property rights that you hold in Content that you submit to the Services. However, by uploading or providing such Content you grant Cinder Studio Inc. a worldwide license to use, host, store, reproduce, modify, and create derivative works of your Content on any platform or distribution network. Cinder Studio Inc. is licensed to communicate, distribute, publicly display, publicly perform, and publish such Content on the Services and within marketing material and advertising. This license continues even if you stop using our Services or delist your Content from our search index.

If you find your own intellectual property on the site and it was not supplied by a domain you control, please contact the domain owner of the site that listed the intellectual property to have it removed from our search index. If specific content was uploaded manually, please contact us using our feedback form to help you have it removed.

Certain Content you provide to the system will be kept private as described by our privacy policy.

Copyright

If you are a copyright holder and have identified Content on the Services that is infringing, please contact us using our feedback form for help taking down your content.

Privacy policy

We maintain a Privacy Policy. This policy governs how we protect and classify Content on the Services. Some information is considered sensitive to varying degrees and this policy describes how such data will be handled.

Your activity

To better serve you, certain events in the course of your use of the Service are recorded and used to improve the Services and Content offered to you. This may result in customized search results, tailored advertising, and other similar specializations of the Services catered to you. Please read our Privacy Policy for more details.

However, given that Cinder Street is relatively new, and in compliance with the Digital Millennium Copyright Act, we provide means by which to notify us and request the takedown of content considered infringing.

Disclaimers

The Services are provided to you “as is”, without warranty of any kind, whether express or implied.

Neither Cinder Studio Inc. nor its suppliers and distributors make any specific promises about the Services. While we do strive to provide Services with a reasonable level of professionalism and care, we do not warrant or make any claims on the availability, quality, or reliability of the Services provided.

Cinder Studio Inc. disclaims any and all warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by law, we exclude all warranties.

In jurisdictions that provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.

Liability limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CINDER STUDIO INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF CINDER STUDIO INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL CINDER STUDIO INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID CINDER STUDIO INC., IF ANY, IN THE LAST 12 MONTHS.

Arbitration, Class-Action Waiver, and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN YOURSELF AND CINDER STUDIO INC. THROUGH BINDING INDIVIDUAL ARBITRATION.

Applicability of Arbitration Agreement. You and Cinder Studio Inc. agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services that cannot be resolved in small claims court will be resolved by binding arbitration on an individual basis, except that you and Cinder Studio Inc. are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. To be clear: The phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms.

Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”) and will be governed by the AAA Consumer Arbitration Rules, available here as of the date of these Terms, or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

Fees. For all claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.

Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Cinder Studio Inc. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Cinder Studio Inc.

Waiver of Jury Trial. YOU AND CINDER STUDIO INC. WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Cinder Studio Inc. are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Cinder Studio Inc. over whether to vacate or enforce an arbitration award, YOU AND CINDER STUDIO INC. WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 18.

Right to Waive. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

Opt-out. You may opt out of this arbitration agreement. If you do so, neither you nor Cinder Studio Inc. can force the other to arbitrate. To opt out, you must notify Cinder Studio Inc. in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your username and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. You must email the opt-out notice to arbitration-opt-out@cinder.studio .

Small Claims Court. Notwithstanding the foregoing, either you or Cinder Studio Inc. may bring an individual action in small claims court.

Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with Cinder Studio Inc.