Membership agreement

PLEASE READ THIS MEMBER AGREEMENT (the “Agreement”) CAREFULLY. This Agreement sets forth the legally binding terms and conditions that govern you as a Member (“Member”) in the Society for Artistic Integrity (“SAI”) and the Services (as defined below). 

By signing up for membership, you are accepting this Agreement, Terms of Use, and our Privacy Policy, and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent).  You may not become a member, access or use the website or accept this Agreement if you are not at least 18 years old.  If you do not agree with all of the provisions of this Agreement, do not sign up for membership or access and/or use the website.

Member Qualifications:

All Members shall:

• Be an individual, or representative for a business or nonprofit, in an arts or creative industry.
• Have a website that displays, shows, or plays the Member’s creative or artistic works, such as paintings, digital art, books, music, sculpture, performance (the “Work”).
• Agree to abide by the SAI Code of Ethics.

Services:

Subject to payment of Member Dues (“Dues”), the Member shall be entitled to all Services (“Services”) as defined by this Agreement and as outlined on the SAI website, https://www.artistincintegrity.ai (“Site”). These Services include the ability to participate in the SAI online community, access member resources on the SAI website, licensing rights to use the SAI logo, SAI Member Medallion and the 3 SAI Certified Seals, and other benefits of membership as specified on the SAI Site.

You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that SAI does not have any liability with respect to your access, participation in, use of the Services, or any loss of information resulting from such participation or use.

Billing:


Membership is annual and Dues must be paid via the online processing system on our Site.  Members agree to keep their payment information current in their member profile. All memberships default to automatically renew on the Member’s anniversary date. A reminder email will be sent 30 days before the renewal payment is processed.

Cancellation:

Members may cancel their membership at anytime by logging into their profile. Membership will not be prorated and no refunds will be made.

Any billing discrepancies must be brought to our attention within 30 days.

Member Use of the SAI Name, Trademark, and Materials:

Member acknowledges and agrees that, during membership in the SAI, SAI grants the Member a non-exclusive, non-assignable and non-transferable license to use the SAI name, SAI Logo, SAI Member Medallion, and the 3 SAI Certified Seals (“SAI Licensed Materials”) on marketing, advertising and documents, subject to the Member's agreement to the following: (i) The SAI Licensed Materials cannot be used in any way that implies or might be misunderstood by a reasonable person to suggest that any product or service that may be offered by the member has being sanctioned by, sponsored by, or associated with SAI, or that SAI has approved or endorsed a product, marketing concept, or service; (ii) for website or email use, Member acknowledges and agrees that the SAI Licensed Materials shall be hyper-linked to the SAI online home page at https://www.artisticintegrity.ai for consumers to gain a proper understanding of the true meaning of membership in the SAI; (iii) Applicant acknowledges and agrees that the SAI Licensed Materials shall not be used, copied, reproduced, or altered in any manner and that the SAI may change or modify the SAI Licensed Materials at any time and at its sole discretion; (iv) Applicant acknowledges and agrees to, upon notice, immediately cease use of any discontinued SAI Licensed Materials and to adopt the most current SAI Licensed Materials for all SAI Member use applications: (v) Member expressly agrees to hold harmless, indemnify, and defend the SAI against all damages, expenses (including reasonable attorney's fees), costs, and any other harm that arises out of or relates to the failure of Member to refrain from ceasing use of any discontinued SAI Licensed Materials; (vi) Member acknowledges and agrees that membership in the SAI shall not give a Member of the SAI any legal rights relating to the SAI Licensed Materials, or intellectual property, beyond the rights specifically granted in this Agreement; (vii) Member acknowledges and agrees that as a Member of SAI, they may not misrepresent the meaning of their Membership including, but not limited to, identifying themselves to be or implying that their Membership is some form of professional title or designation.

If you have a question about proper use of the SAI Licensed Materials and trademarks, please feel free to contact SIA.

SAI’s Content and Intellectual Property:

SAI or its contractors or employees created the text, images, video, graphics, content, blogs, podcasts, and materials ("Materials") available through the Site. All Materials are protected by all applicable copyright and trademark laws. SAI or the party credited owns the Materials, and all rights in the Materials are expressly reserved. If you would like to share or use the any of the SAI Materials, please contact SAI.

Right to Refuse Membership:

Member acknowledges and agrees that the SAI reserves the right to refuse Membership to anyone. This means that Membership in the SAI may be denied or revoked for any reason that the SAI determines in its sole discretion to be good cause. In the event that Member’s SAI Membership is revoked, Member understands and agrees that they will discontinue all use of the SAI Licensed Materials, and copyrighted or trademarked material. Member understands and agrees that if their Membership in the SAI is terminated or revoked by the SAI within thirty (30) days of application for membership, Member will receive a full refund of any membership Dues; and if membership is terminated after (30) days, no refund is offered.

Complaints:

Member acknowledges and agrees to allow SAI to receive and process consumer complaints about him or her, as defined in SAI’s Code of Ethics and Frequently Asked Questions. Furthermore, applicant acknowledges and agrees that SAI reserves the right to revoke membership in the event it receives serious or repeated complaints about a Member.

Inactive Membership:

Membership becomes inactive when the Member cancels, Dues are not paid, or SAI revokes Membership. Inactive members must discontinue all use of SAI Licensed Materials and remove all digital SAI Licensed Materials from their website and social media, which includes SAI Licensed Materials on digital works made during active membership that are still accessible to the Member. All SAI Licensed Materials on physical promotional materials and physical works still accessible to the Member must be removed. Inactive Members will not be searchable in the SAI Database.

Your Content:

Member agrees to grant SAI the right to include the Member's name and content provided in the membership application (with the exception of: phone, email, address) in any lists published by the SAI or in other public communication vehicles, including web sites, advertising, social media and collateral materials.

The Membership application will synchronize with your public profile. All content provided will be displayed publicly (with the exception of: phone, email, address). Please be thoughtful when adding your content as content available online is easily shared and captured. You may edit your content and privacy of shared content within your profile once your application is completed and member profile is set up.

You will need to select a username and password for your member profile. You are responsible for your username and password, and the activities that occur on the Site under your username and password, so please be careful with how you store and share that information.

You are also responsible for providing SAI with accurate and complete registration information, including updating such information as it changes.

If you choose to share content on the Site, you warrant and represent that you are the owner of the content or you are permitted to use the content in such manner. You may not post any content to the Site that you do not own or are not permitted to use. SAI respects the intellectual property rights of others and expects you to do the same.

By submitting any content, you grant to SAI a nonexclusive, perpetual, irrevocable, worldwide, sublicensable, royalty-free license to use, store, display, publish, transmit, transfer, distribute, reproduce, create derivative works of, and publicly perform such content for any purpose related to the Site and the services provided through the Site.

SAI may review and refuse to post any content for any reason whatsoever. For example, SAI may not approve content that contains offensive language, is advertising, or is not relevant to the original post. Also, SAI may remove any content for any reason whatsoever. This means that even if your content was initially approved by SAI, SAI may remove it at a later date.

If you choose to upload content to the Site, you agree to indemnify and hold SAI harmless from any and all liability, damages or expenses whatsoever due, directly or indirectly, to any cause of action arising out of the Content posted by you.

Emails:

You will be required to provide your email address to SIA when registering for membership. The Member acknowledges and agrees that SIA may send emails to you about a variety of subjects, such as updates to the Site, guidance on making optimal use of its products and services, events, programs, Materials, and information about your SAI Membership. By providing your email address to SIA, you consent to receiving these e-mails from SIA. You will have the option of unsubscribing from SIA's email list(s) through a link included in SIA's email.

Your Conduct:

If engaging in any SAI online member community, SAI expects you to conduct yourself in a respectful and law-abiding manner when using the Site. You may not:

• Use the Site to advertise or promote services or products;
• Use the Site to send unsolicited communications or promotions, also known as "spam";
• Use the Site to promote or advertise products or services without permission or through the proper application process;
• Use the Site in any way that violates local, state or federal laws;
• Upload or share materials that are illegal, fraudulent, defamatory, libelous, misleading, threatening, profane, or obscene;
• Take any action that will disrupt or interfere with operation of the Site, which includes use of any robot, crawler, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Site;
• Violate the privacy or infringe the rights of others, including intellectual property rights;
• Use inflammatory, offensive or inappropriate language;
• Impersonate other persons.

Using Artificial Intelligence (AI) in Your Work:

You are responsible for properly designating your Work regarding your use of AI in order to show your artistic integrity. It is also your responsibility to follow any terms from the AI generators used, commercial guidelines related to selling AI works, as well as Laws existing or established. It is up to you to use AI correctly and SAI is not responsible for any action / litigation against you for any use of AI in your work.

Not Professional Advice: SAI was created for the purpose of being transparent about the use of Artificial Intelligence in the creative process. SAI does not provide legal, accounting, insurance, or other professional advice. Information and Materials on the Site and shared with Members may be written by an industry professional, but this does not constitute a relationship or professional advice.

Affiliates and Promotional Codes:

SAI collaborates with affiliates that have aligned values in order to promote SAI Membership. These affiliates receive a portion of the sales that use their affiliate code when registering. Affiliate codes may offer a discounted price but will never increase the price of membership for the Member. Affiliate codes must be entered on the application in the Discount Code section on the Join Us page of the Site and cannot be applied after the transaction has been processed.

Disclaimer of Warranties:

To the maximum extent permitted by applicable law, SAI provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk, as to the quality arising out of participation in or the use of the services, remains with you.

Exclusion of Incidental, Consequential and Certain Other Damages:

To the maximum extent permitted by applicable law, in no event shall SAI or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of SAI, and even if SAI has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.

Limitation of Liability and Remedies:

Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of SAI or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns under any provision of this Terms of Use and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.

Indemnification:

You release, and hereby agree to indemnify, defend and save harmless SAI and SAI’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by SAI or its respective officers and agents in connection with the defense of such claim or lawsuit.

Severability:

In the event that any provision or portion of this agreement is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this terms of use shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

Law Governing Performance and Disputes:

This Agreement, Applicant’s performance under it, and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of California, without giving effect to their conflict of laws principles. Applicant expressly consents to the exclusive forum, jurisdiction, and venue of the Courts of the State of California in any and all actions, disputes, or controversies relating to this Agreement.

By becoming a member of SAI and making payments to SAI, you hereby acknowledge that you have read and understood all of the terms and conditions contained in this Membership Agreement, and further agree to be bound to the Terms of Use regarding participation in and use of the Services, Licensed Materials and Intellectual Property.