Terms of Service

Scope of Terms

Please read the following Rules carefully, as they provide information about using the Artfol app in a way that is respectful and lawful. By using and posting content to Artfol, you agree that you have read, understood, accept, and agree to abide by, these rules.

You may use Artfol only if you can legally form a binding contract with Artfol and only in compliance with these Terms and all applicable laws. When you register an account under Artfol, you must provide us with accurate and complete information. Any use or access by anyone under the age of 13 is prohibited. If you open an account on behalf of a company, organization or other entity, (a) "you" includes you and that entity and (b) you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and you agree to these Terms on the entity's behalf.

The terms “Artfol” and “We” will refer to ARTFOL LTD.

Disclaimer

The views expressed by any individual are those of the individual and do not necessarily reflect the views of Artfol.

Any advice or information posted to Artfol should not be accepted as true or correct. It is up to individual users to check the validity of any advice or information before relying on it, especially where the consequences of following it could be serious.

Any accounts that Artfol follows does not constitute an endorsement of that account; the same applies to tagging or sharing messages posted on accounts that Artfol does not own.

Our License to You

Subject to these Terms and our policies, we grant you a limited, non-exclusive, non-transferable and revocable license to use Artfol.

User Accounts

Artfol allows you to create an account through which all activity you engage in will be associated with. This will be referred to as a "User Account".

You must select a unique username for your User Account. You must not use a username that is, in our sole discretion, vulgar, offensive, defamatory, obscene, hateful or otherwise unlawful or objectionable. We may modify user names as we see fit. We reserve the right to remove or suspend User Accounts for any reason, including User Accounts that we believe have engaged in unlawful behaviour or have had their User Content removed multiple times.

All information you provide to us must be true, complete and current, and you must update this information as necessary to keep it true, complete and current.

Security

You are solely responsible and liable for all activity conducted through your account. If you become aware of or reasonably suspect any security breach, including any loss, theft or unauthorized disclosure or use of your password, you must immediately report the actual or suspected security breach to us by contacting us.

Posting Content

Artfol allows you to post artwork that you own or have permission to. Anything that you upload, write, or otherwise make available on Artfol is referred to as "User Content". You retain all rights in, and are solely responsible for, the User Content you post to Artfol.

Minors

Minors must turn on the not safe for work (NSFW) filter. Artfol reserves the right to terminate any accounts found in violation of this rule.

Content Guidelines

Any User Content, including, but not limited to, artwork that is suggestive in nature, contains nudity, must be marked as Not Safe For Work (NSFW). Pornographic content of any kind is not allowed and will be removed. Any User Content, including, but not limited to, artwork that contains blood, is vulgar in nature, or depicts gorey scenes, must be marked as Gore.

Any User Content that aims to defame, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone will be removed from Artfol. Any artwork uploaded that is heavily inspired by or references any third party materials must credit the original source material. Failure to do so will result in the artwork being removed from Artfol.

How Artfol can use your Content

You grant Artfol royalty-free, transferable, sub-licensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform and distribute your User Content on Artfol solely for the purposes of operating, developing, providing and using the Service. Nothing in these Terms shall restrict other legal rights Artfol may have to User Content, for example under other licenses. We reserve the right to remove User Content for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or any other policies.

Your Responsibility for your Content

Artfol provides a creative space for artists and non-artists to discover and share things you created. You must not post User Content that violates or encourages any conduct that violates laws or regulations. You are responsible for User Content and any third-party content posted on your profile and you represent all applicable laws and regulations. Artfol respects the rights of third-party creators and content owners and expects you to do the same. You therefore agree that any User Content that you post to Artfol does not and will not violate any law or infringe the rights of any third party.

Third-Party Links

User profiles or User Content may contain links to third-party websites that are not owned or controlled by Artfol. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third-party websites, services or content from Artfol, you do so at your own risk and you agree that Artfol will have no liability arising from your use of or access to any third-party websites, services, or content.

YOU HEREBY CONSENT TO US AND OUR REPRESENTATIVES COLLECTING, USING AND DISCLOSING YOUR PERSONAL INFORMATION, AND SENDING COMMERCIAL ELECTRONIC MESSAGES TO YOU, IN THE MANNER DESCRIBED ABOVE.

Complaints

If you wish to submit a complaint, please contact us at [email protected] When you submit a complaint, please (1) outline the reason for your complaint, and (2) specify where the content you are complaining about is located.

We may request further information from you about your complaint before we process it. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.

Termination

Artfol may terminate or suspend your account for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of these Terms.

Governing Law and Jurisdiction

These Rules are governed by and shall be construed in accordance with English law and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute or claim that arises out of or in connection with these Rules, their subject matter or formation. If any part of these Rules is deemed unlawful, void, or for any reason unenforceable then that part will be deemed severable and will not affect the validity and enforceability of the remaining parts.

Changes to the Terms of Service

From time to time in our sole discretion, Artfol may modify the terms of this Agreement. You will be bound by the modified terms by continuing to use Artfol.

Content Guidelines

Preface

We created Artfol as a community for everyone to share their art with each other. However, we have made the difficult decision to change the content guidelines for uploading mature content. Please also understand that Not Safe For Work (NSFW) content is very complex and covers a large variety of artworks and depictions.

Our initial Terms of Service allowed all forms of mature content (excluding illegal content). Unfortunately, after past events regarding the removal of other apps due to the nature of their user content, we have had to make revisions to what type of NSFW content we allow on Artfol. We understand that this will lead to some users feeling upset, but without these changes, Artfol would run the risk of being suspended from the App Store or Google Play.

If you draw mildly lewd or suggestive art, you will still be able to post here! We have tried our best to revise our guidelines so that most forms of NSFW art will still be allowed on Artfol. Please read our guidelines below to see what is and is not allowed on Artfol. Since we are based in England, we will be removing illegal content according to our local laws and regulations.

What is allowed on Artfol

Content that includes full nudity with sexual implications, partial nudity with sexual implications, or is of a suggestive nature, should be marked as NSFW.

Content that includes sexual toys or objects, as long as they are not being used in sexual activities, should be marked as NSFW.

Your avatar, banner and commission picture should not contain any mature content.

What is not allowed on Artfol

Any content that can be classified as pornography or hentai will be removed.

Any content that includes masturbation, will be removed. This includes hands, feet or other appendages touching genitalia in a way that can be perceived as masturbation.

Any content that includes sexual intercourse, or vaginal, penile, or anal penetration, will be removed. This includes any depiction of an object(s) being inserted into the vagina, penis or anus.

Any content that depicts sexual body fluids or bodily waste will be removed. These include, but are not limited to, urine, faeces, semen or discharge. Sexual fluids also include substitute materials that are drawn or illustrated in a way that can be interpreted as being of a sexual nature.

Illegal content including but are not limited to, depictions of minors engaging in sexual activities or bestiality will be removed.

Developer Notes

Currently, Artfol is a small company with only two developers working on and supporting the app, and we will certainly not be able to contest Apple or Google in the case that they do remove Artfol from their store. Our goal is to be inclusive to all artists and still is, although we feel that by making these changes, we can still accommodate as many artists as possible, we realize that some users will be disappointed by these changes and sincerely apologize to any users that may be affected. We hope you understand our reasoning for these changes.

Privacy Policy

Scope of Policy

This policy describes how we use the personal information that we collect from you in connection with your interactions with Artfol. You must comply with all applicable privacy laws and must not collect, use, retain or disclose any third party's personal information without their consent unless otherwise permitted by law to do so. This privacy notice is compliant with the General Data Protection Regulation (GDPR) and the UK’s Data Protection Act 2018.

Artfol will collect personal information about you including your contact information and date of birth. You acknowledge that we may use your personal information to allow us to communicate with you, manage your account with us, monitor your compliance with this Agreement, and manage any services we provide to you or other users, and to verify your personal information.

Upon completion of sign up, a profile page is automatically created for you, and some of your personal information may be made available to the general public. For your protection, please do not share sensitive information on Artfol.

We will not sell or rent your personal information to third parties, and we will obtain your consent to collect, use or disclose personal information except where we are authorized or required by law to do so without consent.

Liabilities

We will protect the personal information in our custody or control by making reasonable security arrangements to prevent unauthorized access, collection, use, disclosure, copying, modification, disposal or similar risks. We will not otherwise disclose your personal information or sell your personal information to third parties. If we suspect you of fraudulent or other prohibited activities, we may disclose your personal information to the police or other authorities.

Our website, social media sites and mobile applications may contain links to websites of third parties. We are not responsible for the privacy practices or the content of those other websites.

Changes to the Platform

From time to time, Artfol may add new features to the platform, remove existing features from the platform, or otherwise modify the platform (including their functionality, “look-and-feel”, universal resource locators and software components).

Changes to the privacy Policy

From time to time in our sole discretion, Artfol may modify the terms of this Agreement. You will be bound by the modified terms by continuing to use Artfol.