Terms & Conditions

App Terms of Service

Last Update October 5, 2022

This Terms of Service Agreement (“Terms”) governs your use of the col+Lab™ platform offered by col+Lab™doing business as col+Lab™ (“we”, “us”, or “col+Lab™”), including our mobile application (“App”), and services we provide through it. “You” refers to you as a user of the App.

These Terms apply to users of our App. Use of our App is also subject to our current Acceptable Use Policy. Your use of our App as a Artist Contributor (defined below) is governed by the Artist Terms and Conditions. (“Artist Terms and Conditions”).

PLEASE READ THESE TERMS CAREFULLY. By using our App or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our App.

1. col+Lab™Platform

By creating an account on our App, you agree to provide true, accurate, current, and complete information. You agree not to create an App account using a false identity or providing false information or if you have previously been removed or banned from our App. You are responsible for maintaining the confidentiality of your App account information, including your username and password. You are responsible for all activities that occur on or in connection with your App account and you agree to notify us immediately of any unauthorized access or use of your App account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your App account.

2. User Collaboration

Through our App, you may submit a request for artists (“Artist Contributors”) to create a collaboration together (the “User Collaboration”).

You acknowledge and agree that the Artist Contributors and col+Lab™ have the discretion to determine whether to fulfill your request and the content of the User Collaboration created, and may not follow your request exactly. We reserve the right to reject any request in our sole discretion. You acknowledge and accept that col+Lab™ has no control over what the Artist Contributor does with the User Collaboration request and that col+Lab™ takes no responsibility whatsoever in the event that the Artist Contributor do not respond to the User Collaboration request. Users acknowledge and accept that by making a user collaboration request that they receive no intellectual property rights in the collaborative result whatsoever.

3. Acknowledgement

You acknowledge and agree that: col+Lab™ will not be liable or responsible for any User Collaboration or other offering requested by you or any submission you make;

you have no expectation of privacy with respect to any User Collaboration requested by you or any submission you make, and that you will not make any request or submission that infringes on the privacy, intellectual property, or other rights of a third-party;
if you breach any provisions of these Terms, we may terminate your access to our App, or we may remove or ban you (or any App account you created or control), or other offering under these Terms, and you must: promptly remove all copies of any col+Lab™ product including screenshots, screen recordings etc, or other offering, in your possession or control, including from any social media platform; notify any recipient of the termination and instruct them to do the same, and take any other action we reasonably request, including identifying each recipient; and
without limiting any of our rights, any request you submit through our App may be rejected by us or by an Artist Contributor; if that happens more than once, we may terminate your access to our App, remove or ban you (and any App account you created or control), or take other appropriate action in col+Lab™ sole discretion, including terminating your license to use any User Collaboration or other offering under these Terms and requiring you to take the actions outlined above.

4. Eligibility

Age: You must be at least 18 years old or have the consent of a legal guardian to access our App.
Eligibility Representations and Warranties: You represent and warrant that:

you have not been prohibited from using or accessing any aspect of our App by us or pursuant to any applicable law or regulation;
you will comply with all applicable terms of any third-party payment provider we select, and you are not on a prohibited list of that payment provider;
you (and any App account that you created or control) have not been previously banned or removed from our App for any reason; and
you are not a convicted sex offender.
Export Control: You may not use, export, import, or transfer any part of our App except as authorized by Cayman Islands law, the laws of the jurisdiction in which you use or access our App, or any other applicable laws.. By using our App, you represent and warrant that: you are not located in a country that has been designated by the Cayman Islands government as a terrorist supporting country; and you are not listed on any sanction lists for money laundering, proliferation and terrorist financing related activities. You also will not use our App for any purpose prohibited by law.

5. Fees and Payment

Currency: Transactions are settled in U.S. dollars (“USD”). You will be responsible for payment of any fees or expenses imposed by your payment card provider or the payment processor to settle the transaction in USD. From time to time, Col+lab may settle transactions in a currency other than USD to reduce or eliminate the fees and expenses associated with currency conversion.

Payment: Transactions are completed by using a valid payment card through the applicable third-party payment provider. You must provide the third-party payment provider with valid payment information (Visa, MasterCard, or other issuer accepted by the payment provider). You acknowledge and agree that col+Lab™ does not operate, own, or control the payment provider. Your use of your payment card is governed by your agreement with and the privacy policy of the payment provider, not these Terms. You agree to immediately notify the payment provider of any change in your billing address (or other information) for your payment card. You may not return or exchange a User Collaboration request and no refunds will be issued.

col+Lab™ reserves the right (but is under no obligation) to cancel your request for any User Collaboration or other offering if: (i) your payment method is declined; or (ii) you have previously been banned or removed from our App for any reason. col+Lab™ also reserves the right at any time to change its fees and payment procedures, including its payment options and terms, either immediately upon posting on our App or by other notice to you.

Payment Questions: If you have a question about a purchase made on the App or a charge to your payment card, please contact us at info@col-x-lab.com. We have the sole discretion to determine how billing disputes between us will be resolved.

Taxes: Users are responsible for the payment of all applicable taxes in any jurisdiction whatsoever.

6. Copyright and Intellectual Property Policy

Copyright, Designs and Patents Act 1988, Copyright (Cayman Islands) Order 2015 and Copyright (Cayman Islands) (Amendment) Order 2016 Notice: We respond to notices of alleged copyright infringement and terminate access to our App for repeat infringers. If you believe that materials on our App infringe copyright, please send the following information to the Copyright Agent named below:

your address, telephone number, and email address;
a description of the work that you claim is being infringed;
a description of the material that you claim is infringing and are requesting be removed along with information about where it is located;
a statement that you have “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”;
an electronic or physical signature of the copyright owner (or a person authorized to act for the copyright owner); and
a statement by you, made under penalty of perjury, that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

PO Box 882

Grand Cayman, KY1-1103

e.: cayman@firstmarkgroup.com

‍If you do not follow these requirements, your notice may not be valid. Please note, only notices of alleged copyright infringement should be sent to our Copyright Agent.

Termination Policy: If we determine that you are a repeat infringer, we may terminate your access to our App, remove or ban you (and any App account you created or control), and take other appropriate action in our sole discretion.

7. Privacy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our App, you agree to our Privacy Policy.

8. Third-Party Content and Interactions

Our App may contain features and functionalities that link to or provide you with access to third-party content, that is completely independent of col+Lab™, including User Collaborations, websites, platforms, directories, servers, networks, systems, information, databases, applications, software, programs, products or services, and the Internet in general. The contents of User Collaborations and other offerings that allow interactions with third parties, including between Users, on col+Lab™ are the sole responsibility of the people involved in those interactions. col+Lab™ is not responsible for the content of the interactions you may have with third parties through User Collaborations or other offerings. You should make whatever investigation you feel necessary or appropriate before proceeding with any contact or interaction, in connection with our App or otherwise. However, you agree not to contact or interact with any Artist Contributor except as expressly permitted through our App. You also agree that col+Lab™ may, in its sole discretion, intercede in any dispute and you will reasonably cooperate with col+Lab™ if it does so. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities of any kind or nature incurred as the result of any such interaction. You hereby release each col+Lab™ Party (defined below) from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or our App.

9. Links

Our App may contain links to social media platforms or third-party websites. You acknowledge and agree that: (a) the link does not mean that we endorse or are affiliated with the platform or website; and (b) we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to your use of the platform or website. You should always read the terms and conditions and privacy policy of a platform or website before using it.

10. Changes to our App

You acknowledge and agree we may change or discontinue any aspect of our App at any time, without notice to you.

11. Termination and Reservation of Rights

You may cancel your App account at any time by contacting a member of the col+Lab™ team at info@col-x-lab.com. We reserve the right to terminate access to our App to any person, including you, at any time, for any reason, in our sole discretion. If you violate any of these Terms, your permission to use our App automatically terminates.

12. Indemnification

You agree to indemnify, defend, and hold harmless col+Lab™ and its parents, subsidiaries, affiliates, officers, employees, directors, shareholders, agents, partners, vendors, and licensors (each, a “col+Lab™ Party,” and collectively, “col+Lab™ Parties”) from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including reasonable attorneys’ fees and costs) of any kind or nature arising from, out of, in connection with, or relating to: (a) these Terms; or (b) use of our App. col+Lab™ may select counsel for and control the defense of any claim that you are indemnifying. You will reasonably cooperate with us in connection with any claim.

13. Disclaimers and Limitations on our Liability

You acknowledge and agree that your use of our App is at your own risk and that our App is provided on an “as is” and “as available” basis. To the extent permitted by applicable law, the col+Lab™ Parties disclaim all warranties, conditions, and representations of any kind, whether express, implied, statutory, or otherwise, including those related to merchantability, fitness for a particular purpose, non-infringement, and arising out of course of dealing or usage of trade.

In particular, the col+Lab™ Parties make no representations or warranties about the accuracy or completeness of content available on or through our App or the content of any social media platform or third-party website linked to or integrated with our App. You acknowledge and agree that the col+Lab™ Parties will have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our App; (iii) any unauthorized access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our App; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our App; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content posted or shared through our App.

You acknowledge and agree that any material or information obtained through our App, including any User Collaboration, is done at your own risk and that you will be solely responsible for any damages, losses, costs, expenses, or liabilities arising from or in connection with doing so. No advice or information, whether oral or written, obtained by you from us or through our App, including through a User Collaboration, will create any warranty not expressly made by us.

You acknowledge and agree that when using our App, you will be exposed to content from a variety of sources, and that col+Lab™ is not responsible for the accuracy, usefulness, safety, legality, or intellectual property rights of or relating to any such content. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, objectionable, or harassing, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against any col+Lab™ Party with respect thereto.

To the fullest extent permitted by applicable law, you acknowledge and agree that in no event will any col+Lab™ Party be liable to you or to any third party for any indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability, or otherwise, and whether or not col+Lab™ has been advised of the possibility of such damages.

To the maximum extent permitted by applicable law, our total cumulative liability to you or any third party under these Terms, including from all causes of action and all theories of liability, will be limited to and will not exceed the fees actually received by col+Lab™ from you during the 12 months preceding the claim giving rise to such liability.

Certain jurisdictions do not allow the exclusion or limitation of certain damages. If those laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.

You agree that the limitations of damages set forth above are fundamental elements of the basis of the bargain between col+Lab™ and you.

14. Mediation Agreement and Waiver of Certain Rights

Mediation: You and col+Lab™ agree to resolve any disputes between you and col+Lab™ through binding and final arbitration instead of through court proceedings. You and col+Lab™ each hereby waive any right to a jury trial of any controversy, claim, counterclaim, or other dispute arising between you and col+Lab™ relating to these Terms or our App (each a “Claim,” and collectively, “Claims”).

Costs and Fees: If you demonstrate that the costs of mediation will be prohibitive as compared to the costs of litigation, col+Lab™ will pay as much of the administrative costs and mediator’s fees required for the mediation as the mediator deems necessary to prevent the cost of the mediation from being prohibitive.

No Preclusions: You and col+Lab™ each have the right to bring any qualifying Claim in court. In addition, you and col+Lab™ each retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-mediation attachments or preliminary injunctions, and any such request will not be deemed to be either incompatible with these Terms or a waiver of the right to have disputes submitted to mediation as provided in these Terms.

Severability/No Waiver/Survival: If any provision of this Section 14 is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed and the remainder of this Section 14 will continue in full force and effect. No waiver of any provision of this Section 14 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver will not waive or affect any other provision of these Terms. This Section 14 will survive the termination of your relationship with col+Lab™.

LIMITATIONS: This Section 14 limits certain rights, including the right to maintain certain court actions, the right to a jury trial, the right to participate in any form of representative claim, the right to engage in discovery, and the right to certain remedies and forms of relief. In addition, other rights that you or col+Lab™ would have in court may not be available in arbitration.

15. Other Provisions

Force Majeure: Under no circumstances will any col+Lab™ Party be liable for any delay or failure in performance due in whole or in part to any acts of God (such as earthquakes, storms, floods, etc.), epidemics, natural disasters, unavoidable accidents, internet and communication service interruptions, laws, rules, regulations or orders of government authorities, acts of war (declared or not), terrorism, hostilities, blockades, civil disturbances, embargoes, strikes, or any other event or cause beyond the reasonable control of any col+Lab™ Party.

Choice of Law and Jurisdiction: These Terms will be governed by and construed in accordance with the laws of Cayman Islands, without giving effect to any conflict of laws rules or provisions. You agree that any action of whatever nature arising from or relating to these Terms or our App will be filed only in the Cayman Islands. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision will be deemed appropriately modified to give effect to the intent of the provision or, if modification is not possible, will be severed from these Terms and will not affect the enforceability of any other provision.

No Waiver or Amendment: The failure by col+Lab™ to enforce any right or provision of these Terms will not prevent col+Lab™ from enforcing such right or provision in the future and will not be deemed to modify these Terms.

Assignment: col+Lab™ may, at any time, assign its rights and obligations under these Terms, including to an affiliated entity or in connection with a sale of assets, merger, acquisition, reorganization, bankruptcy, other transaction, or by operation of law.

Miscellaneous: The term “including” in these Terms will be interpreted broadly and will mean “including, without limitation.” Titles are for convenience only and will not be considered when interpreting these Terms.

16. Changes to these Terms

We may change these Terms. If we do, we will post the revised Terms on our App and update the “Last Updated” date at the top of these Terms. The revised Terms will be effective immediately if you accept them (for example, by agreeing when you create an account or login to an existing account, or using or continuing to use our App after the revised Terms have been posted); otherwise, they will be effective 30 days after posting.

ACCEPTABLE USE POLICY

User Collaboration: Your use of our App and services we provide is governed by this Acceptable Use Policy. Terms that are defined in the App Terms of Service or Artist Terms of Service will have the same meaning in our Acceptable Use Policy.

You are responsible for your use of any User Collaboration, your App account, our App, and any Artist Content (if you are a Artist Contributor). Our goal is to create a positive, useful, and safe user experience for collaboration amongst Users and Artist Contributors. To promote this goal, we prohibit certain kinds of conduct that may be harmful.

You represent and warrant that:

you will not use a false identity or provide any false or misleading information;
you will not create an account if you (or any App account that you created or controlled) have previously been removed or banned from our App;
you will not use or authorize the use of any User Collaboration for any purposes other than: (i) the specific limited purposes set forth in the App Terms or (ii) if you are a Artist Contributor, those set out in any other written agreement; and
you will not:

violate any law, regulation, or court order;
violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or "droit moral," or other legal rights of any third party;
take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);
send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications;
engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from our App, including from any user of our App;
transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems;
stalk, harass, threaten, or harm any third party;
impersonate any third party;
participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
use any means to scrape or crawl any part of our App;
attempt to circumvent any technological measure implemented by us, any of our providers, or any other third party (including another user) to protect us, our App, users, Recipients, or any other third party;
access our App to obtain information to build a similar or competitive website, application, or service;
attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide our App; or
advocate, encourage, or assist any third party in doing any of the foregoing.

For clarity, your use of any User Collaboration includes use anywhere (on our App or otherwise).

Investigations:

You acknowledge and agree that we are not obligated to monitor access to or use of our App by you or third parties (including monitoring any User Collaboration, Artist Content, or Feedback), but we have the right to do so to operate our App; enforce this Policy or our Terms; or comply with applicable law, regulation, court order, or other legal, administrative, or regulatory request or process; or otherwise

ADDITIONAL ARTIST CONTRIBUTORS TERMS OF SERVICE

These Artist Terms of Service (“Terms and Conditions”) governs your use as a Artist Contributor of the col+Lab™ platform (“App”). By accessing the App you acknowledge you may be a User and a Artist Contributor therefore these Artist Contributor terms compliment the User terms. In the event there is any inconsistency between these terms, the Artist Contributor Terms and Conditions will prevail. “You” and “Artist Contributor” refer to you as a Artist Contributor of the App in addition to the App Terms of Service Agreement.

These Terms apply solely to Artist Contributors of our App. Use of our App is also subject to our current Acceptable Use Policy. Any use by you of our App other than as a Artist Contributor is governed by the App Terms of Service. (“App Terms”).

PLEASE READ THESE TERMS CAREFULLY. By using our App as a Artist Contributor or otherwise indicating your acceptance (for example, by agreeing when creating or logging into your account, clicking “I Agree,” etc.), you represent and warrant that you have read, understand, and agree to be bound by these Terms. If you do not agree, do not access or use our App as a Artist Contributor.

1. Participation in the Col+lab™ Platform

Creation of Artist Profile: In order to participate on our App, you must create your own profile on the App. By creating your profile, you agree to provide true, accurate, current, and complete information about yourself as prompted by our profile form, as well as any other information reasonably requested by us (collectively, “Profile Data”), and maintain and promptly update the Profile Data to keep it true, accurate, current, and complete. If you do not do so or we reasonably believe that you have not done so, we have the right to suspend or terminate your App account and your use of our App. You agree not to create an App account using a false identity or providing false information, on behalf of another person (except as outlined below for a parent or legal guardian and Organizations), or if you (and your parent or legal guardian, or an Organization, if applicable) have previously been removed or banned from our App. You are responsible for maintaining the confidentiality of your App account information, including your username and password. You are responsible for all activities that occur on or in connection with your App account and you agree to notify us immediately of any unauthorized access or use of your App account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to any unauthorized access to or use of your App account.
1. Artist Contributors under 18: Artist Contributors who are under 18 years old must have consent from their legal guardian or parent to create a profile on the app. By creating a profile on our app, your legal guardian or parent warrant that neither the parent or legal guardian nor the Artist Contributor is barred from using our App under the laws of the Cayman Islands, the place of residence of the parent, legal guardian, or Artist Contributor, or any other applicable jurisdiction; and he or she is responsible for complying with all applicable laws and regulations relating to Artist Contributor’s participation on our App and will fully indemnify the col+Lab™ Parties for any failure to do so.

Artist Contributors 18 and older: You may create a profiled directly on the app. By creating a profile, you represent and warrant that: (A) you are at least 18 years old; (B) you are of legal age to form a binding contract; (C) you are not barred from using our App under the laws of the Cayman Islands, your place of residence, or any other applicable jurisdiction; and (D) you are responsible for complying with all applicable laws and regulations relating to your participation on our App and will fully indemnify the col+Lab™ Parties (defined below) for any failure to do so.

Organizations: A management company, manager, agency, agent, publicist, or other individual or organization (each, an “Organization”) may create a profile for a Artist Contributor (“Affiliated Artist”). By creating a profile, the Organization represents and warrants for itself and each Affiliated Artist that: (A) Organization is the authorized representative of the Affiliated Artist (and, if the Affiliated Artist is below the age of 18, is creating the profile with any consent required of the Affiliated Artist’s parent or legal guardian as set forth in Section 1.a(i) and agrees to these Terms; (B) neither the Organization nor the Affiliated Artist is barred from using our App under the laws of the Cayman Islands, the place of residence of the Organization or any Affiliated Artist, or any other applicable jurisdiction; and (C) Organization is responsible for complying with all applicable laws and regulations relating to Affiliated Artist’s participation on our App under these Terms and will fully indemnify the col+Lab™ Parties for any failure to do so.

Promotional Materials: At no cost to col+Lab™, you will provide to us the following promotional materials (“Promotional Materials”) within 72 hours of beginning the Artist on-boarding process on our App: (i) if you would like us to promote your participation on our App, three high resolution images of yourself; (ii) your App profile bio. From time to time we may request additional Promotional Materials from you for col+Lab™ use to promote you on or in connection with our App or on any social media platform or third-party website. Any other materials or photos of or concerning you that you approve for col+Lab™ use will also be Promotional Materials under these Terms.

2. Artist Content

License Grant to Artist Content: Our App allows you to upload, submit, store, send, transmit, approve, and receive content and data, including your User Collaboration and Promotional Materials (collectively, “Artist Content”). When you upload, submit, store, send, transmit approve, or receive Artist Content to or through our App, you grant to us a non-exclusive, royalty-free, fully paid, unlimited, universal, sublicensable (through multiple tiers of sublicenses), perpetual, and irrevocable license in any and all manner and media, whether now known or hereinafter invented or devised (including social media channels and third party websites and platforms), to use, reproduce, license, distribute, modify, adapt, publicly perform, publicly display, and create derivative works (for example, translations, adaptations, compilations, excerpts, or other modifications) of your Artist Content for the purposes of operating and providing our App, to develop and improve our products and services, and to advertise, market, and promote our App, products, and services, and you agree that such Artist Content may, in col+Lab™ sole discretion, be used, including performed or displayed, in connection with any other elements, materials, copyrights, rights of publicity, or copyrighted materials. Please remember that third parties (including Users) may search for and see any Artist Content you submit to public areas of our App. You agree that we may display advertising with or in connection with your Artist Content. You further acknowledge and agree that col+Lab™ has no obligation to you in connection with any advertising displayed on or in connection with our App (including no obligation to share any revenue received by col+Lab™ as a result of any such advertising).

Right to Remove User Collaborations: You acknowledge and agree that we cannot restrict the use of your User Collaboration or other offerings by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) and we have no obligation to remove those uses (including from social media channels or third-party websites or platforms). If we do seek to remove a User Collaboration of other offering from a social media channel or third-party website or platform, we may notify you of our intent to do so. As owner of the copyright in your Artist Content, you hereby authorize col+Lab™ to act as your agent in order to submit any notice or other demand with respect to your User Collaboration or other offerings. You will promptly notify us if you learn that any User Collaboration is being used in violation of the App Terms. We will reasonably cooperate with your efforts to address the violation. However, you acknowledge and agree that we are not responsible or liable for any damages, losses, costs, expenses, or liabilities related to use of the User Collaboration for any reason, including if the use exceeds the license or otherwise violates the App Terms.

Licenses: You may not sell, resell, commercialize, or encumber your rights in any User Collaboration or other offering, including creating a non-fungible token (“NFT”) from any User Collaboration or other offering except as agreed by col+Lab™ in writing. Please note that the licenses granted in this Section are fully-paid and royalty free, meaning we do not owe you anything in connection with the use of your Artist Content, by us, Users, or third parties (including Recipients and, in the case of a Business User Collaboration). We may exercise our rights under this license anywhere in the universe. We may sublicense our rights as needed to provide and promote our App or otherwise in accordance with these Terms, and Users may sublicense their rights subject to the App Terms. Finally, the licenses granted in this section are perpetual, meaning that the rights granted under these licenses continue even after you stop using our App.

Artist Content Representations and Warranties: You represent and warrant to col+Lab™ and the User that:

you own all rights in and to your Artist Content and Feedback (defined below) and that you have the right to grant the rights described in these Terms;
you have paid and will pay in full any fees, royalties, or other payments that are due or may become due in connection with any use of your Artist Content and Feedback by us, Users, or third parties (including Recipients) as described in these Terms;
your agreement to, and provision of services under, these Terms does not violate any agreement that you may have with any third party;
In connection with each User Collaboration: any statements that you make in connection with the User Collaboration are factually correct and not misleading, are not disparaging or defamatory, and represent your true opinion
your Artist Content and Feedback does not infringe, misappropriate, or otherwise use without necessary authorization, any intellectual property, privacy, publicity, moral, or other rights of any third party, or violate any law, regulation, or court order;
you will not contact, respond to, or communicate with any User that you meet on or through our App, except as expressly permitted through our App.
you will not provide your contact information to any User or send merchandise or anything else to a User other than as permitted by these Terms;

Treatment of Artist Content: Any Artist Content is non-confidential, non-proprietary, and must not contain or include any information which you do not have the right to disclose or that you do not wish to be disclosed. We will not be responsible or liable for any use or disclosure of Artist Content, including any personal information included in that Artist Content. You acknowledge and agree that your relationship with us is not a confidential, fiduciary, joint-venture, employer/employee, agency, or other type of special relationship, and that your decision to participate in our App or submit any Artist Content does not place us in a position that is any different from the position held by members of the general public, including with regard to your Artist Content. None of your Artist Content will be subject to any obligation of confidence by us, Users, or third parties (including Recipients), and we will not be liable or responsible for any use or disclosure of any Artist Content.
Refusal and Removal of Artist Content: We may refuse to accept or transmit Artist Content for any reason without notice to you. We may remove Artist Content from our App for any reason without notice to you.
Cancellation of App Account: If you cancel your App account, you may, on at least three business days’ advance written notice to us, request that we no longer include your User Collaborations on our App and that we not make any new public use of them. As noted above, we have no obligation as to any use of your User Collaborations by the Users for whom you created them or by any third party with whom they have already been shared (including Recipients) (including from social media channels or third-party websites or platforms).