Terms of Service
Effective Date: September 1, 2025
Welcome to ArtistWorks! We're excited to have you here and committed to helping you take your music skills to the next level. ArtistWorks provides music students and enthusiasts with educational products, services, learning tools, and self-publishing tools.
These Terms of Service ("Terms") govern your use of ArtistWorks, LLC's ("ArtistWorks," "our," "us," or "we") websites, mobile applications, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Services.
Important: If you are accepting these Terms on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to do so and that the entity agrees to be bound by these Terms.
Table of Contents
1. Scope
These Terms govern your use of the Services. They do not apply to third-party products or services, which are governed by their own terms.
2. Incorporated Terms
The following documents are incorporated into and form part of these Terms:
3. Definitions
Services
All ArtistWorks products, services, and materials accessible through the website or mobile app.
Website
The ArtistWorks website located at http://www.artistworks.com (including subdomains and affiliated websites).
Third-Party Products
Any third-party information, websites, products, or services referenced in or accessible through the Services.
4. Eligibility
The Services are available only to individuals who can form legally binding contracts under applicable law.
Under 13
Not permitted to use the Services (in compliance with COPPA).
13–17
May use only with the involvement of a parent or guardian.
18+
Full access permitted.
By registering, you represent that the information you provide is accurate and that you meet these eligibility requirements.
5. Registration & Security
- You are responsible for maintaining the confidentiality of your account credentials.
- You may not share your account with others.
- You are responsible for all activity under your account.
- ArtistWorks follows Payment Card Industry Data Security Standards (PCI DSS) for cardholder data.
6. Use Restrictions
You may not, and may not allow others to:
- Reverse engineer, decompile, or disassemble any software.
- Modify, copy, distribute, or create derivative works.
- Use the Services to harass, threaten, defame, or abuse others, or to upload content that is unlawful, harmful, or obscene.
- Attempt to gain unauthorized access to any accounts, systems, or networks.
- Use the Services to send spam, malware, or other harmful code.
- Resell, rent, or otherwise exploit the Services for commercial purposes without our prior written consent.
- Remove or obscure any proprietary notices.
7. Subscriptions, Renewals, Gift Codes and Cancellations
Automatic Renewal
All subscriptions automatically renew until canceled.
Trials
From time to time, ArtistWorks may offer free or discounted trial periods for certain Services. Unless otherwise stated, trial access will automatically convert into a paid subscription at the then-current subscription rate unless you cancel before the end of the trial period. To avoid being charged, you must cancel your trial prior to its expiration by following the cancellation instructions provided in your account settings. Once converted, your subscription will continue to renew automatically unless canceled in accordance with these Terms.
Cancellation
You may cancel anytime through your account settings or by contacting us.
Refunds
Your satisfaction is our top priority. If you are not completely happy with a purchase, simply contact us within fourteen (14) days of delivery, and we will provide an exchange, credit, or refund of the purchase price.
If you purchase a subscription, you may cancel at any time. Cancellations will stop future billing, but charges already incurred are non-refundable except as provided above.
Gift Codes
ArtistWorks may, at its discretion, offer gift codes, vouchers, or prepaid subscription plans ("Gift Codes"). Gift Codes are valid only for the Services specified at the time of purchase and may be subject to additional terms and conditions communicated at the time of issuance. Gift Codes cannot be redeemed for cash, resold, or transferred, except as required by law. Unless otherwise stated, Gift Codes expire one (1) year from the date of purchase or as otherwise required by applicable law. ArtistWorks is not responsible for lost, stolen, or unauthorized use of Gift Codes.
8. Payment Terms
Currency & Taxes
Unless otherwise stated, all fees are charged in U.S. dollars (USD). If you pay using a non-U.S. payment method, your bank or payment provider may apply additional charges such as currency conversion or foreign transaction fees, which are your responsibility.
Taxes
You are responsible for any applicable duties, VAT, GST, sales tax, or similar governmental assessments, unless ArtistWorks is required by law to collect them.
Payment Methods
You authorize us to charge your selected payment method for all applicable fees. You must provide accurate, current, and complete payment information and update it promptly if it changes.
Failed Payments
If a payment is declined, we may suspend or terminate your access until payment is received.
9. Intellectual Property
Ownership
All content, software, and materials are owned by ArtistWorks and its licensors ("ArtistWorks IP").
Restrictions
You may not use ArtistWorks trademarks, logos, or branding without prior written permission.
DMCA Notice & Counter-Notice
If you believe content infringes your copyright, please send a notice to our Copyright Agent:
ArtistWorks, LLCAttn: Copyright Agent
2500 Emerson Avenue South
St. Petersburg, FL 33712
Include:
- Identification of the copyrighted work.
- Identification of the infringing material and its location.
- Your contact details.
- A statement of good faith belief that the use is unauthorized.
- A statement that the notice is accurate and you are authorized to act.
- Your signature.
If your material was removed in error, you may submit a counter-notice including:
- Identification of the removed material and its prior location.
- A statement under penalty of perjury that the removal was mistaken.
- Consent to jurisdiction of federal courts in your district (or Delaware if outside the U.S.).
- Your signature.
10. User Content
License Grant
By uploading, submitting or sharing content through the Services ("User Content"), you grant ArtistWorks a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, and distribute your User Content solely for the purpose of operating, improving, and promoting the Services.
Responsibility
You are solely responsible for your User Content and represent that you have all rights necessary to grant the above license and that your User Content does not violate any law or the rights of any third party.
Removal
We reserve the right to remove or disable access to any User Content we reasonably believe violates these Terms or applicable law.
11. Indemnification
You agree to defend and indemnify ArtistWorks, its affiliates, officers, and employees against any claims arising from your use of the Services or violation of these Terms, except where caused by ArtistWorks's gross negligence or willful misconduct.
12. Modifications
We may update these Terms at any time. Updates will be posted on our Website with a new effective date. Continued use after changes means you accept them.
13. Termination
By You
You may stop using the Services at any time by canceling your subscription or closing your account.
By Us
We may suspend or terminate your account or access to the Services if you materially or repeatedly violate these Terms, use the Services in a way that could cause harm, or if we are required to do so by law.
Effect of Termination
Upon termination, your right to use the Services will immediately end. Fees already paid are non-refundable except as expressly provided in these Terms.
Survival
Sections relating to Intellectual Property, Indemnification, Limitations of Liability, Disclaimers, Governing Law, Arbitration, and Miscellaneous will survive termination.
14. Member Disputes
You are solely responsible for interactions with other users. We may, but are not required to, intervene in disputes.
15. Arbitration & Class Action Waiver
Binding Arbitration
Except for disputes that qualify for small claims court, you and ArtistWorks agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved exclusively through final and binding arbitration, rather than in court. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, or by JAMS under its Streamlined Rules, as applicable.
Venue & Governing Law
Unless otherwise required by applicable law, the arbitration will take place in the State of Delaware, U.S.A., and Delaware law will apply without regard to conflict of law principles. Either party may choose to appear by video, telephone, or written submissions if in-person participation would be burdensome.
Class Action Waiver
YOU AND ARTISTWORKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. The arbitrator may not consolidate claims of more than one person and may not otherwise preside over any form of representative or class proceeding.
Small Claims Court Option
Nothing in this section prevents either party from bringing an individual claim in small claims court if the claim qualifies under applicable law.
Opt-Out
You may opt out of this arbitration agreement within thirty (30) days of first accepting these Terms by sending a written notice to:
ArtistWorks, LLCAttn: Legal Department
2500 Emerson Avenue South
St. Petersburg, FL 33712
If you opt out, both you and ArtistWorks agree that disputes will be resolved in the courts of Delaware, subject to the Governing Law & Jurisdiction section below.
16. Limitations of Liability
Excluded Damages
To the fullest extent permitted by law, ArtistWorks and its affiliates, licensors, service providers, officers, directors, employees, and agents will not be liable for any indirect, incidental, consequential, punitive, special, or exemplary damages, including without limitation damages for loss of profits, goodwill, data, service interruption, computer damage, system failure, or the cost of substitute services, even if we were advised of the possibility of such damages.
Cap on Liability
To the extent any liability is found despite the exclusions above, the total liability of ArtistWorks and its affiliates to you for all claims arising out of or relating to these Terms or the Services will not exceed the greater of: (a) the amount you paid to ArtistWorks for the Services during the twelve (12) months immediately preceding the claim, or (b) fifty U.S. dollars ($50).
Jurisdictional Limitations
Some jurisdictions do not allow the exclusion or limitation of certain damages or liability, so the above exclusions and limitations may not apply to you. In such cases, ArtistWorks' liability will be limited to the maximum extent permitted by applicable law.
17. Disclaimers
The Services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.
No Warranty
To the fullest extent permitted by law, ArtistWorks disclaims all warranties, express, implied, or statutory, including without limitation any warranties of merchantability, fitness for a particular purpose, title, accuracy, non-infringement, quiet enjoyment, and course of performance or usage of trade.
No Guarantee
ArtistWorks makes no warranty that the Services will meet your requirements, be uninterrupted, secure, or error-free, that any defects will be corrected, or that the Services or the servers that make them available are free of viruses or harmful components.
Third-Party Content & Services
ArtistWorks does not endorse, warrant, or assume responsibility for any third-party content, products, services, websites, applications, or resources that may be available through or linked from the Services. You acknowledge that use of any third-party content or services is at your sole risk.
18. Governing Law & Jurisdiction
These Terms are governed by the laws of the State of Delaware, without regard to conflict of law rules. You consent to jurisdiction in Delaware courts, subject to the Arbitration section above.
19. International Consumer Rights
If you are a consumer located outside the United States, you may have rights under local consumer protection laws that cannot be waived by contract. Nothing in these Terms limits those rights.
20. Miscellaneous
- Severability: If any provision is found invalid, the remainder will still apply.
- Notices: We may notify you by email or postings on the Website. Notices to ArtistWorks must be mailed to the address above.
- Force Majeure: ArtistWorks is not liable for delays caused by events beyond its reasonable control (including pandemics, natural disasters, or government actions).
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.
- Entire Agreement: These Terms and incorporated policies form the entire agreement between you and ArtistWorks.
Questions about these Terms?
Phone
+1 727-898-8866Mailing Address
ArtistWorks, LLC2500 Emerson Avenue South
St. Petersburg, FL 33712