Terms of Use + Privacy Policy

Terms of Use

Welcome to Artcast!

We provide a streaming art platform for artists to stream, showcase, and share their work with the world. To ensure a safe, respectful, lawful and inspiring environment, we have established these Terms of Use (“Terms”) outlining the rules and expectations for all users.

By using Artcast products and services (as further defined in these Terms), you are considered a User (“User” or “you” or “your”) and you agree to be governed by and comply with these Terms. These Terms therefore constitute an agreement between you and Ambience Visuals LLC dba Artcast (“Artcast” or “us,” “we,” “our”) for use of all Artcast products and services. The Artcast products and services include but are not limited to all Artcast streaming apps for TVs and streaming devices and also all Artcast mobile apps, as well as related products and services such as licenses to Artcast customers for content display (together, the “Platform”). If you do not agree to these Terms, then do not access or use the Platform.

You cannot transfer your rights or obligations under this agreement without our consent.

Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA, AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

I. Who Can Use Our Platform

To use the Platform, you must:

Provide accurate information when creating an account.
Agree to abide by these Terms and our Privacy Policy.
Be at least 16 years old (or the required age in your country).
Not be banned from receiving our services under applicable laws.
Not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments-related Services if you are on an applicable denied party listing.
Have no prior Artcast account suspensions for any Artcast account controlled by you, under any current or prior User names.
Not be a convicted sex offender.
Not engage in any copyright infringement.
Not use Artcast content in any way prohibited by these Terms.

II. User Content and Ownership

Users may, from time to time subject to Artcast allowing it, upload content to the Platform in the form of artwork images, text or video (“User Content”). Artcast does not guarantee that Users may always or continually upload User Content and grants no warranty or right to Upload to the Platform. The Artcast Platform may be periodically interrupted or “down” for any reason and Artcast makes no guarantees or warranty with respect to the Platform’s availability, continuity, uptime, or accessibility. Artcast may suspend, delete or reenable User Content uploads at any time for any reason in its sole discretion.

A. Rights to User Content and Artcast License

User Content Rights. You retain ownership of any text, images and videos you share on the Platform, so long as you are the lawful copyright holder of such text, images and videos.
Artcast License. You grant Artcast a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, broadcast, stream, market, advertise, distribute, modify, run, store, copy, publicly perform or display, translate, and create derivative works of your User Content. As part of this license, you grant Artcast permission to use your username, profile picture and information about your Platform actions with Artcast advertisers and technology partners, including but not limited to Smart TV and streaming device providers who help Artcast distribute the Platform (“License”).
Content Deletion. You may delete your User Content from the Platform at any time by using the app’s deletion functions or requesting a full Account Deletion. Please note that User Content which has been shared by other Users (via text, email and other functions) or licensed by Artcast to customers (such as for Client Exhibitions) will remain available to those parties, subject to any applicable license expiration terms.

III. User Content Moderation, Reporting and Curation

A. User Content Moderation and Reporting

We use a combination of automated moderation tools and human review to maintain content integrity.
Users can report User Content that violates our policies, and we will investigate such reports when we are able to. User Content that is reported by Users may or may not be removed.
We reserve the right to remove or restrict User Content that breaches these Terms, conflicts with our discretionary or curatorial preferences for any reason, breaches legal requirements, or risks public safety. Additionally, we reserve the right to delete, modify or moderate in any other way User Content we determine to be unacceptable for the Platform or in need of modification. Modifications may include image editing, text editing and video editing.

The Platform features a very large amount of content. It is not feasible for us to monitor all of the User Content that gets posted on the Platform, and we are under no obligation to you or the other Users to monitor, edit, or control the User Content that you and other users upload or post to the Platform. We are not responsible for any User Content on the Platform and you agree not to make any claims against us on account of User Content. When you use the Platform, you will be exposed to the User Content of other users, some of which may be offensive, inaccurate, or indecent.

B. User Content Display and Curation

Artcast solely determines if, when and how User Content is displayed on the Platform. Artcast is under no obligation to display User Content at any time or in any particular order or manner. Artcast can delete or modify User Content posted by Users for any reason in its sole discretion.

Platform Curation. Artcast regularly reviews User Content on the Platform and may place User Content in certain categories or other Platform areas of its choosing as a way of featuring artwork to Users. Artcast may also adjust how User Content is sorted by the apps, in order to optimize User experience.
Artcasts, Favorites and Sharing. Users on the Platform may select User Content for inclusion in their personal Favorites, addition to an Artcast (a playlist of streaming art) or for sharing with contacts. This functionality is an inherent part of the Platform.
Marketing and Advertising. Artcast may feature User Content in marketing and advertising as a way of promoting Artcast, the Platform and User Content. User agrees that no compensation shall be provided for such use of User Content.
User Content Demos. Artcast may periodically include User Content in demonstrations for customers. User expressly agrees under these Terms that Artcast may do so for purposes of promoting User Content, and that no compensation shall be provided for such use, given that Artcast likewise receives no revenue for such User Content Demos.

IV. Community & Engagement

To maintain a positive and inspiring Platform, we encourage:

Complimenting and Supporting Artists – share your enthusiasm for particular artwork or Artists via comments or likes, include favorite artwork in your Artcasts for viewing, and play a positive role in the Artcast community.
Respectful Discussions – Engage with others in a constructive, thoughtful and courteous manner.
Constructive Feedback – If you elect to critique an artwork, be considerate and helpful in your suggestions.

V. Prohibited Conduct and Content

It is important to us that the Platform facilitate polite interactions, substantive discourse and quality content. The following are prohibited. Users engaging in such activity or posting such content will be suspended or banned. Artcast will determine in its sole discretion that Users have breached any of these items.

Offensive Content. Imagery or text of an explicit, hateful, violent or otherwise inappropriate nature.
Rudeness/Trolling/Insults. Being intentionally rude and tearing people down. We reserve sole authority to ban or suspend users whom we consider to be negative influences to the Platform.
Poor Quality or Non-Art Images. Imagery that is low quality and/or is not artwork.
Copyright Infringement. Infringing on someone else’s copyrighted material.
Overt Politics. Imagery or text regarding political candidates, parties or current armed conflicts.
Unauthorized Reuse of Platform Content. You may not use the Platform to download, copy or otherwise access artwork or metadata which you then sell, license, display or monetize in a commercial product.
Spam or Advertising Content. Images or comments that try to sell a 3^rd party product, unless explicitly authorized by Artcast.
Likeness without Approval. Using anyone’s likeness without their written approval.
Unsuitable Conduct or Content. Conduct or content which Artcast, in its sole discretion for any reason whatsoever, deems unsuitable for the Platform.
Impersonation or False Information. Inaccurate User information, impersonation of anyone who is not yourself, or creating an account for someone else without their explicity permission.
Unlawful, Deceptive, or Fraudulent Activity.Illegal, misleading, or fraudulent actions, or using the Platform for any unauthorized or unlawful purposes.
Platform Interference.Any activity that disrupts or impairs Artcast’s normal operations.
Using automation to create accounts, post content or engage with the Platform in any automated manner.
Unauthorized Account Creation or Data Collection:Creating accounts, accessing, or collecting information through unauthorized or automated means without Artcast’s express permission.
Buying, Selling, or Transferring Accounts or Data:You are prohibited from selling, licensing, or purchasing any Platform accounts or data, whether obtained through the service or while logged in. This includes attempts to buy, sell, or transfer account credentials (including usernames), as well as soliciting, collecting, or using another user’s login information or access tokens.
Unauthorized Payments. Any attempts to access payments that are not rightfully yours under these Terms.
Modifications or Reverse Engineering.You may not obtain, use, modify, translate, create derivative works from, or reverse engineer any products, content or components of the Platform.
Unauthorized domain names or URLs in usernames:You may not use a domain name or URL as part of your username.
Attempts to bypass security measures:You may not attempt to circumvent or override any technological safeguards that control or restrict access to the Platform.

VI. Intellectual Property & Copyright

A. Respect for Intellectual Property

We respect artists’ and content creators’ rights and require all Users to do the same. If you believe someone has posted your artwork or someone else’s artwork without permission, you can submit a copyright infringement report to support@artcast.tv. Please include adequate information to allow us to investigate the report.

B. Digital Millenium Copyright Act

We comply with the portions of the Digital Millennium Copyright Act that apply to us. If you believe that materials uploaded to or posted on the Platform infringe any of your copyrights, you may contact us at:

Artcast, 2 Corporate Plaza Suite 150, Newport Beach, CA 92660
E-mail: support@artcast.tv

Any notice that alleges materials distributed through the Platform infringe intellectual property rights must include:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of the material that you claim is infringing and where it is located on the Platform; your address, telephone number, and email address;
A statement from you that you believe the use of the identified content on the Platform is not authorized by the copyright owner, its agent, or the law; and
A statement by you that the information in your notice, under penalty of perjury, is accurate and you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

We may terminate, without notice, the accounts of Users that have infringed on anyone’s copyright.

VII. Monetization & Artist Support

It is important to us to support Artists and we provide various monetization tools and services within the Platform to do so. These include the following:

A. Artwork Views – Revenue Share

When User Content is displayed on Artcast’s apps for Smart TVs or TV-connected streaming devices, Artcast records the number of times an Artwork has been viewed (“Artwork Views”)

(Note – Artwork Views are not recorded for Artcast mobile apps such as iPhone or Android, since they are generally used for browsing not displaying artwork).

Artwork Views – Records. A unique Artwork View is recorded each time an artwork is displayed by an Artcast user. Artwork Views are totaled at the end of the month for each Artwork. One unique view is considered any views of a particular artwork by a specific User during a 24-hour period.
Revenue Share Calculation. At the end of each month, 50% of all subscription and ad revenue is divided by the total Artwork Views – across all Users with Artwork Views – to provide a “Revenue Per View” amount. This amount is multiplied by a User’s total Artwork Views to generate a revenue amount for the User.
Accrued Revenue. A User’s total balance accrues each month. This total balance is shown on the Artcast mobile app in the “Earn” tab. Accrued Revenue amounts are not due to the User and remain entirely the property of Artcast until they reach the Minimum Payout Threshold. Once Accrued Revenue reaches the Minimum Payout Threshold, Artcast may issue a Payout to the User. Accrued Revenue may be forfeited if the User’s account reaches Inactive Status. Inactive Status occurs if a User has not logged into the Platform at least once in a 12-month period.
Minimum Payout Threshold. The Minimum Payout Threshold is currently $25, but may be changed at any time by Artcast.
PayPal Payouts. In order to receive a Payout, a User must have a valid PayPal account in their legal name. The account must be active and in good standing. The User must use the Artcast mobile app to link their PayPal account to the Artcast Payout System. Artcast has no other method to payout Users besides PayPal.
Fraud Prevention. We do not record Artwork Views for Artworks created by the same User who created the Artworks. We analyze data such as device IDs and IP addresses to prevent fraudulent abuse of the Artwork Views system to inflate Artwork Views and Revenue. Views can be disqualified in Artcast’s sole discretion if we identify anomalies or if we determine Artwork Views to be self-generated by Users via unauthorized methods, technology, bots or other approaches.

Changes to Artwork View calculations or Revenue Share terms, such as Minimum Payout Thresholds, may occur at any time and will be reflected in these Terms and on the Artcast website, but may not be otherwise communicated to Users. The completion of Payouts cannot be guaranteed on any particular schedule, though we will do our best to issue Payouts within the first few days of each month to Users who meet the Minimum Payout Threshold. Once we release a Payout to a User’s PayPal account, we have no further control over the Payout and whether a User receives it or is able to access it. Any matters involving a User’s PayPal account must be addressed directly to PayPal, not to Artcast.

B. Client Exhibitions – Revenue Share

Artcast offers Users an exciting international clientele of major brands and other customers from which Users can generate revenue. Artcast works closely with a variety of major market segments that utilize streaming art from the Artcast Platform, including hotels, restaurants, airlines, retail brands and more.

Depending on the display technology and operations of these customers, Artcast may need to provide User Content in other formats than its streaming app, such as standalone files or via a Server API. Additionally, the revenue Artcast receives from such customers may be different than the advertising and subscription revenue Artcast receives from its Smart TV and streaming device apps.

Revenue Share Calculation. 50% of the revenue from these Client Exhibitions will be shared 50% with the Users who provided the User Content. For example, if Artcast licenses 50 paintings from a particular User to a hotel for their lobby video wall, and if the payment Artcast receives is $1,000, then $500 (50%) will be paid to the User.

C. Contests

Artcast may, from time to time, offer contests or promotions. Participation is subject to specific Artcast Contest Rules, which will be made available within the Platform. A link to the Artcast Contest Rules will typically be located in the upper right hand corner of the Contest Detail Page on the Artcast Mobile App, denoted by a “Rules” link. These Rules are also posted on our website.

To access the Artcast Contest Rules on our website, please click here. These Rules apply to all Artcast Contests, unless otherwise noted.

Apple is not involved in Artcast Contests as a sponsor and does not participate in Artcast Contests in any other manner.

VIII. User Privacy & Data Protection

Your user privacy and data security is a priority to us. For more information, refer to our Privacy Policy which explains:

What data we collect and how it is used.
How users can manage their privacy settings.
How to request data access or deletion.

By using the Platform, you agree to the Privacy Policy. If you do not agree to the Privacy Policy, do not use the Platform.

IX. Consequences for Violating These Terms

Violating these Terms may result in:

Account suspension or deletion.
Permanent bans from using the Platform.
Content removal, modification or restrictions.
Legal action in cases of serious violations, including but not limited to copyright infringement, security or data breaches, or other unlawful activities.

If your content or account is removed, you may contact us to propose reinstatement; however, reinstatement shall be in Artcast’s sole discretion.

X. Unsolicited Material

Feedback or other suggestions are always appreciated, but Artcast may use unsolicited submittals or suggestions without any restrictions or obligation to compensate you for them, and Artcast is under no obligation to keep them confidential.

XI. Process for Resolving Disputes

In the event of criminal conduct by a User against Artcast or its Platform, Artcast reserves the right to pursue criminal charges with the governing jurisdiction and shall not be bound by the arbitration clause in such case.
For all other matters, by using the Platform and by Artcast allowing you to use it, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms (“Claim(s)”) must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted.
You may bring a claim only on your own behalf and cannot seek relief that would affect other Artcast users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision’s limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
All claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and Artcast expressly waive a trial by jury.
This arbitration provision is governed by the Federal Arbitration Act. You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your Artcast account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: Artcast, Attn: Arbitration Opt-out, 2 Corporate Plaza Suite 150, Newport Beach, CA 92660.
Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your Artcast account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to Artcast, 2 Corporate Plaza Suite 150, Newport Beach, CA 92660. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your Artcast account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
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.
For any claim that is not arbitrated due to a decision of a court remanding it to a court proceeding, you agree that it will be resolved exclusively in the U.S. District Court for the Southern District of California or a state court located in Orange County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
The laws of the State of California, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

XII. Platform Availability and Functionality

The Platform is provided “as-is” and we cannot guarantee its security, safety, functionality, availability or content.

A substantial portion of the Platform is User Content. We do not control the images or text you or other Users post and we are not responsible for your or other Users’ posts or conduct. This includes objectionable or unlawful content.

Our liability for anything that happens on the Platform or as a result of it is limited to the greatest limitation allowed by law. You agree that we won’t be liable for any lost profits, revenues, information, content or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to the Platform or these Terms, even if we know such issues may be possible. This includes when we delete your content, information, or account, and additionally includes interruptions to Platform availability.

EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ARTCAST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-FRINGEMENT. NO WARRANTY IS MADE THAT USE OF THE PLATFORM OR RELATED PRODUCTS AND SERVICES, OR APPLICATIONS, CONTENT AND METADATA WILL BE ERROR FREE OR UNINTERRUPTED.

XIII. Indemnity

You are responsible for your use of the Platform. You agree to defend (at our request) and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

XIV. Amendments and Changes to These Terms

We may update these Terms from time to time. Unless otherwise required by law, changes will be communicated through our website or app. Your continued use of the Platform after any changes means you accept the updated Terms and agree to be bound by them. If you do not agree to any updated Terms or wish to terminate your agreement to the Terms, you can do so by deleting your account and no longer accessing or using any part of the Platform.

If any aspect of this agreement is unenforceable, the rest will remain in effect.

Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.

We reserve all rights not expressly granted to you.

Contact Us

If you have questions about these Terms, please reach out to us at support@artcast.tv.

Effective Date: January 1, 2003
Last Updated: January 1, 2025

Privacy Policy

At Artcast (“Artcast,” “we,” “us,” or “our”), your privacy is important to us, and we are committed to protecting the information you share with us in accordance with these terms. This Privacy Policy explains how we collect, use, share, and protect your information when you use our website, mobile apps, Smart TV apps, streaming device Apps, and other technology, services, and features (collectively, the “Services”).

By using our Services, you agree to the terms outlined in this Privacy Policy. If you do not agree, please do not use our Services.

I. Information We Collect

We collect information in several ways, including:

A. Information You Provide to Us

Account Information – When you create an account, we collect personal details such as your name, email address, username, phone number, profile picture, and any other information you choose to provide.
Content You Share – When you post content, upload images, comment, or interact with others, we collect and store that information.
Communication – If you contact us for support or inquiries, we collect information related to your request.

B. Information We Automatically Collect

Device and Usage Data – We collect information about the device you use to access our Services, such as IP address, browser type, operating system, and usage patterns.
Cookies and Tracking Technologies – We may use cookies and similar tracking technologies to enhance user experience and improve our Services.

C. Information from Third-Party Sources

Social Media and External Accounts – If you choose to link your account to third-party services (such as Google, Facebook, or Twitter), we may receive data from those platforms, including profile information and connections.
Partners and Advertisers – We may receive data from advertising and analytics partners to enhance your experience.

II. How We Use Your Information

We use the collected information for the following purposes:

To provide, improve, and personalize our Services.
To facilitate communication between users and provide customer support.
To analyze trends and usage for a better user experience.
To ensure security and prevent fraudulent activities.
To display relevant advertisements (where applicable).
To comply with legal obligations and enforce our terms of service.

III. How We Share Your Information

We do not sell your personal information. However, we may share your information in the following situations:

With Other Users – Depending on the privacy settings you select, some of your profile details and interactions may be visible to others on the Artcast Platform, as the Platform is intended for Users to share artwork, comments and other User interactions.
With Service Providers – We work with third-party vendors that feature content on our platform or which help us operate and improve our Services (e.g., TV manufacturers, hosting providers, advertisers, analytics services).
For Legal and Safety Reasons – We may disclose information if required by law, to prevent fraud, or to protect the rights and safety of users and our platform.
In Business Transfers – If we undergo a merger, acquisition, or sale of assets, your information may be transferred.

IV. Your Choices and Control Over Your Information

Managing Your Data – You can update or delete your account and adjust your Priavcy settings on the app. For example, you can set your Artwork or Artcast uploads to Private, at which point other Users will not see them. Artcast Admins may still be able to view your Private Artwork or Artcast uploads and, in accordance with the Terms of Service, may at any time in their sole discretion delete or modify such content if it does not meet our Terms of Service.
Opting Out of Tracking – You can manage cookie preferences through your browser web browser settings.
Access and Deletion Requests – You may request access to, correction of, or deletion of your personal information by contacting us.

V. Data Security

We implement security measures to protect your information, including encryption, firewalls, and access controls. However, no system is completely secure, and we cannot guarantee absolute protection.

VI. Children’s Privacy

Our Services are not intended for individuals under 16 years old. We do not knowingly collect data from children. If we become aware of such data collection, we will take steps to delete it.

VII. International Data Transfers

If you access our Services from outside the Unitid States your information may be transferred and processed in other countries with different privacy laws.

VIII. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. Any changes will be posted here with an updated effective date. We encourage you to review this policy regularly.

IX. Contact Us

If you have any questions about this Privacy Policy or your data, contact us at:

Email: support@artcast.tv.

Effective Date: January 1, 2003
Last Updated: January 1, 2025

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