Terms of service

Free Artists Terms of Use
Last Modified: March 2023

Welcome to the Free Artists community! By using our website, freeartists.xyz, and backing any projects supported by us, Free-Artists Inc., you acknowledge and agree to be legally bound by these terms. You also agree to follow any other rules, like our social media guidelines and community guidelines on Discord.We may change these terms from time to time and will let you know about any changes by notifying you on our website, on Discord, or by email. The updated terms will apply as of the effective date of the change, and if you continue to use our website or back a project, that means you accept the new terms. Certain terms may continue to apply after an update to the terms (we’ll point these out as you go through the terms).To contribute to a project, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.


What Is Free Artists All About?
‍Free Artists is a decentralized crowdsourcing platform for creative projects, facilitating perks and revenue distribution for all contributors in a creative project. We help creative projects access capital without having to give up an unfair portion of their future revenue streams and rights to their art by drawing on their core fanbase (and others who share the Free Artists passion) to offer support in exchange for perks and revenue distribution as the project is executed.You can support a project by backing it and contributing to it. You’ll be part of an active community of passionate fans wanting to see artists’ visions come to life. For more information about us and how we work, check out our FAQs.


Contributing to a Project
‍Initial Backing
‍Each project will start with an initial funding pool. When you purchase an NFT, you will add to this pool and receive an NFT in your wallet. This NFT will act as your receipt and give you access to perks and revenue distribution as the project develops.

Once enough NFTs have been purchased to hit the funding pool goal, the artist will be able to access the funds collected and work on launching their project. We cannot guarantee that a project will reach its initial funding goal. If that happens, we will transfer the funds you put in back to your wallet. Once a project reaches its initial funding goal, the creator will withdraw it & use it to execute the project. At this point, we will not be able to refund the NFT. Explore how we’re driving fan protection & revenue collection here.

We are currently using Paper, OpenSea and Rarible to issue NFTs. Each of these platforms has its own terms of service that also apply. We recommend you review these terms before purchasing NFTs on these platform:

• Paper terms
  
• OpenSea terms
  
• Rarible terms

Accessing Perks
‍Once a project reaches its initial funding goal, you can start collecting perks as they become available. We will notify you about available perks and incoming revenue on our project-specific Discord server (accessed only by your NFT) or by email.We cannot guarantee the timing and availability of the perks or project release, as these depend on the artist. There may be changes to the perks or the project. However, we will do our best to implement auditing systems with our artists to avoid scams or other types of fraudulent behaviour. Here are some examples of measures we have put in place to increase transparency and accountability between you and the artist:

• Quarterly Check-Ins: We will have quarterly check-ins with the artists we work with to check on the progress of their project and budget. We will also conduct random quarterly audits — with monthly bank statements, annual tax forms, and first-party data from relevant revenue sources (via PDFs & images). These audits are conducted directly between Free Artists and the artist.
• Town Halls & Public Visibility: The artists we work with are committed to engaging deeply in their communities and are motivated to be transparent via town halls, releasing budgets, etc. If you have reason to believe the artist is engaged in fraudulent activity, please let us know at support@freeartists.xyz.

Accessing Revenue Share
‍To access revenue share, you agree to actively contribute to the project. You can do so in two ways:
1. Join the virtual street team — help spread the word in any way you can — social media posts, posting on forums, telling your friends — and be an active member of the community; all of this helps support and hype up the project (details here)
2. Apply your skills to help the project — if you would like to make a specific contribution to the project (for example, create album art), you can submit an application for consideration by the artist (details here)

Every 12 months from the launch of the project, we will issue you a new token that will let you access any revenue share available for that particular year. The exact terms of the revenue share will be provided to you when you purchase the monetary contribution NFT, but at minimum will be 0.01% of total project revenue per year.

Once the funding pool goal is reached, we collect a 5% fee from the available revenue share so that we can further develop and improve the platform. Explore how we plan to decentralize to the community in the next 2–3 years here.

Street Team Member
‍Joining the virtual street team is the easiest way to access revenue share. As a street team member, you agree to the following:

• Participate in campaigns to spread the word about this project
• Contribute to online discussions and share your thoughts and ideas about the project (be sure to join the project’s Discord server to get the full community experience!)
• Follow our community guidelines when interacting with other members of the community
• Follow our social media guidelines when posting about the project

Skill Contributor
‍As a skill contributor, you may be eligible for different perks and revenue share. If your application to be a skill contributor is accepted by the artist, we will reach out to you with more specific terms that will apply to your work with the artist.

NOTE: The version of the terms that applied to you in this “Contributing to a Project” section when you first purchased your initial funding NFT will continue to apply even after we update our terms. To see which terms applied to you at the relevant time, please check this archive.


Who Owns the Content?

‍Neither Free Artists or the artist will own any content you create as a street team member. This includes social media posts, fan art, etc. But in order for us to use your content to promote and support the project, you agree to these terms:

• We can use your content as needed. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicenseable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights in your content.
• We can make changes to your, like editing or translating it. You grant us the right to edit, modify, reformat, excerpt, delete, or translate any of your content.
• Your content does not contain any material already owned by a third-party, or you have permission from the owner of the material to use and allow us to use it. In other words, you will not submit material that is protect by someone else’s rights (including intellectual property, proprietary, contract, publicity, or privacy rights).
• Your content is not subject to royalty or licensing fee payments to you or any owner of the material.
• You are responsible for all of your own content, whether you share it publicly or privately. We are not responsible for any mistakes, misrepresentations, or offensive content you create.

We own any content that we generate, and the artist owns any content they generate. The artist also fully owns all of the music, art, or other work they create for the project. Being a backer, a street team member, or a contributor does not grant you any rights to the content created by us or the artist.


You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through our website or on Discord. You agree to not use any of our content or the artist’s content or work for your own commercial purposes. You also agree not to change, translate, or otherwise create derivative works of content not owned by you, unless we or the artist gives you permission otherwise.


What If the Project Doesn’t Launch?
‍If an artist is unable to complete their project or deliver on any perks, they must make every reasonable effort to remedy the situation. These efforts may include:

• Updating the community about what work has been done, how funds were used, and why the project did not finish as planned.
• Show that they’ve used funds appropriately.
• Provide an alternative to the promised perks, or a timeline on when the project may be finished.
• Offer to return any remaining funds to you, or explain how those funds will be used to complete the project in some alternate form.

We are not responsible for completing any projects or guaranteeing any refunds once the initial funding goal has been met. The artist is solely responsible for delivering on the perks they committed to and the project. If they’re unable to fulfil these obligations, they may be subject to legal action by you and other fans.


Other Terms
‍Be a Good Community Member
‍While using our website or participating in Discord, you agree to:

• Not use the website in a way that would break any laws or violate anyone’s rights, including but not limited to intellectual property and privacy rights.
• Not post or submit anything that is untrue, misrepresentative or otherwise deceitful.
• Not collect, share, or otherwise exploit other people’s personally identifiable information.
• Not do anything threatening, abusive, harassing, defamatory, libelous, tortious, obscene, profane, or invasive of another person’s privacy (for more guidelines, see our Community Guidelines).
• Not spam, sending phishing attempts, distribute software viruses or malware to us, the artist, or members of the community.
• Not hack, access without authorization, or otherwise interfere with the website or our Discord servers.
• Not reverse engineer or decompile any aspect of the website or our platform.

Our Disclaimers
‍Free-Artists Inc. provides the technology to allow fans and collaborators to connect with artists. We do not engage in any solicitation activities, or consult on the solicitation of contributions from the public, on behalf of any individual, entity, or organization. By using our platform, you understand and agree that Free-Artists Inc. is not responsible for the use of your contributions.

Nothing in these terms may be interpreted or used to create any association, joint venture, partnership, or employment relationship between you and the artist or you and Free-Artists Inc. You will not be eligible to participate in any benefit or compensation plans offered to our employees. We are not responsible for withholding or any other taxes — taxes are solely your responsibility.

Free-Artists Inc. is not liable for any damages or losses related to your backing and contribution of any project. We will attempt to mediate, but will not become involved in disputes between community members, the artist, or any third party. We do not guarantee the delivery or timeliness of perks and projects, and we do not endorse any content from the community or the artist. You agree to release Free-Artists Inc., its affiliates, directors, officers, and employees, from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes or any projects. You are solely responsible for any resulting damage or loss to any party.

When you access third-party websites linked on our website or posted on Discord, you do so at your own risk. We do not control or endorse any of those sites. All content you access through the website or on Discord is at your own risk. We also do not control the conduct of or information provided by the artists we work with. The opinions of our users and the artists we work with do not necessarily reflect those of Free-Artists Inc.

To protect our platform and to help ensure that artists and fans can interact in a safe and secure environment, we reserve the following rights:

• We can make changes to our website or how we manage projects without notice or liability.
• We have the right to decide which artists to work with.
• We have the right to ban any community members who violate these terms or our community guidelines from our Discord servers. We may in limited circumstances impose restrictions on accounts or decline to issue tokens if we suspect fraud or abuse of our platform. If these things are prohibited by law where you live, then we revoke your right to use our website and platform in that jurisdiction.
• We have the right to reject, cancel, interrupt, remove, or suspend any project at any time and for any reason.
• We have the right to cause funds to be withheld to comply with laws and regulations.

If we take any of these actions, we will notify the relevant parties and in some cases provide ways to remedy the situation. However, we are not liable for any damages as a result of any of these actions and are not obligated to comment on the reasons for these actions.

You are backing and contributing to projects solely at your own risk. The Free Artists platform is provided to you “as is” and “as available” and without warranty of any kind, express or implied.

FREE-ARTISTS INC. SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM FREE-ARTISTS INC. SHALL CREATE ANY WARRANTY.

If we are sued as a result of your actions, or if you breach any of these terms, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable legal costs) that arise from or relate to your actions. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to this indemnification clause, in which case you agree that you will cooperate and help us in asserting any defences.

To the fullest extent permitted by law, in no event will Free-Artists Inc., its directors, employees, partners, suppliers, or content providers be liable for any indirect, incidental, punitive, consequential, special, or exemplary damages of any kind, including but not limited to damages (i) resulting from your access to, use of, or inability to access or use our website or our platform; (ii) for any lost profits, data loss, or cost of procurement or substitute goods or services as they relate to any projects; or (iii) for any conduct of content of any third party on our website or our platform. In no event shall Free-Artist’s liability for direct damages be in excess of (in the aggregate) five hundred U.S. dollars ($500.00).

Other Legal Things
These terms (and all our other rules, policies, or guidelines incorporated by reference) are governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, without giving effect to any principles of conflicts of law. You agree that any lawsuit or claim involving Free-Artists Inc., its affiliates, directors, or officers will be commenced in Toronto, Ontario, and you consent and submit to the personal jurisdiction of these courts for any such proceeding.

These terms and the other terms, rules, or guidelines referenced in them are the entire agreement between you and Free-Artists Inc. with respect to the website and the platform. They supersede all other communications and proposals (whether oral, written, or electronic) between you and us. If any provision of these terms is found to be invalid under the law, that provision will be limited or eliminated to the minimum extent necessary so that the terms otherwise will remain in full force and effect and enforceable. The failure of either you or us to exercise any right provided for in these terms in any way won’t be deemed a waiver of any other rights.

These terms are personal to you. You can not assign them, transfer them, or sublicense them without our prior written consent. We have the right to assign, transfer, or delegate any of our rights and obligations under these terms without your consent, but will provide you notice if necessary.


If you have any issues with our website, our platform, or any artists, or if you just have questions or need help setting up, we encourage you to contact us at support@freeartists.xyz.
‍