Terms of Service & Privacy Policy

Welcome to ActuallyArtists.com (the “Platform,” “Site,” “we,” “our,” or “us”). This document contains both our Terms of Service and our Privacy Policy. By accessing or using the Platform, you (“User,” “you,” or “your”) agree to be bound by these terms. If you do not agree, you must discontinue use of the Platform immediately.

ActuallyArtists.com is a non-commercial portfolio showcase platform. It is not operated by a registered business entity. The Platform exists solely to connect artists with potential clients by providing a browsable directory of artist portfolios. No transactions, bookings, payments, or messaging occur on or through the Platform.

Part One: Terms of Service

1. Eligibility

You must be at least eighteen (18) years of age to create an account or use the Platform. By registering, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or allow registration by anyone under the age of 18.

2. Account Registration & Responsibilities

To create a profile on the Platform, you may be required to provide certain information, including but not limited to your name, email address, and portfolio content. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information and to update such information as necessary.

3. Artist Intellectual Property Rights

3.1 Ownership

ActuallyArtists.com does not claim any ownership rights whatsoever over any artwork, images, photographs, designs, or other creative content (“Artist Content”) that you upload, post, or display on the Platform. You are, and shall remain, the sole and exclusive owner of all Artist Content and all intellectual property rights therein.

3.2 Representation of Ownership

By uploading Artist Content to the Platform, you represent and warrant that:

• You are the sole creator and owner of the Artist Content, or you have obtained explicit, written permission from the rightful owner to display such content on the Platform;
• Your Artist Content does not infringe upon the copyright, trademark, patent, trade secret, moral rights, or any other intellectual property or proprietary rights of any third party;
• You have any and all necessary consents, licenses, and permissions required to display the Artist Content publicly on the internet.

You are solely responsible for any claims, disputes, or legal actions arising from your Artist Content. If it is determined that you have uploaded content you do not own or do not have permission to display, your account may be suspended or terminated without notice.

3.3 Limited License for Platform Promotion

By uploading Artist Content, you grant ActuallyArtists.com a limited, non-exclusive, non-transferable, revocable, royalty-free license to display your Artist Content on the Platform itself (i.e., your profile page as browsed by visitors) and to use your Artist Content in connection with promoting, advertising, or marketing the Platform as a whole. This promotional use may include, but is not limited to:

• Featuring your profile or portfolio in social media posts promoting the Platform;
• Displaying screenshots or thumbnails of artist profiles on the Platform’s homepage, landing pages, or promotional materials;
• Including your work in curated lists, featured artist spotlights, or directory-style displays that link back to your profile;
• Any other reasonable promotional activity that serves to increase visibility of the Platform and, by extension, its artists.

This license is granted solely for the purpose of operating and promoting the Platform. This license does not grant ActuallyArtists.com the right to sell, sublicense, or otherwise commercially exploit your Artist Content independent of the Platform. We will not use your Artist Content for any purpose unrelated to the display of your profile or the promotion of the Platform. This license terminates upon deletion of your account and removal of your Artist Content, subject to reasonable technical delays and any retention required by Section 3.4.

3.4 No Commercial Exploitation

For the avoidance of doubt, the limited promotional license granted in Section 3.3 shall not be construed as permission to use Artist Content for any standalone commercial purpose. ActuallyArtists.com will not sell, license, lease, or otherwise transfer your Artist Content to any third party for commercial gain. The only use of your Artist Content by the Platform is to (a) display it within your profile for visitors to see, and (b) promote the Platform itself in a manner that benefits the artist community as a whole.

4. Strict Prohibition on AI-Generated Content

ActuallyArtists.com maintains an absolute, zero-tolerance policy regarding artificial intelligence-generated content. This Platform exists to showcase the work of human artists. The following rules apply without exception:

No AI-generated artwork, images, or content of any kind may be uploaded, displayed, or represented as part of an artist’s portfolio on this Platform. This includes, without limitation, content generated or substantially assisted by tools such as DALL·E, Midjourney, Stable Diffusion, Adobe Firefly, or any other generative AI image tool, whether current or future.

“Substantially assisted” means any work where an AI tool was used to generate, compose, render, or materially alter the core creative elements of the piece. Minor use of AI-powered features that are industry-standard tools within professional creative software (e.g., content-aware fill, auto-leveling, noise reduction) is not considered a violation of this policy, provided the fundamental creative work is human-made.

Using AI-generated content as a base, reference, composition guide, or underpinning for a piece that is then painted over or modified is also prohibited.

Violation of this policy will result in the immediate and permanent deletion of the offending artist’s profile and all associated content, without prior notice or opportunity to cure. ActuallyArtists.com reserves the sole and absolute discretion to determine whether content violates this policy. We are under no obligation to provide advance warning, a grace period, or an appeals process, though we may choose to do so at our discretion.

By uploading content to this Platform, you represent and warrant that all Artist Content in your portfolio is the product of your own human creative effort (or the human creative effort of individuals who have granted you explicit permission per Section 3.2).

5. Prohibition on Use of Artist Content for AI or Machine Learning

ActuallyArtists.com will never use, license, sell, or otherwise make available any Artist Content for the purpose of training, fine-tuning, validating, or otherwise developing any artificial intelligence model, machine learning algorithm, large language model, image generation system, or any similar technology.

This commitment applies to all Artist Content on the Platform, regardless of whether the artist’s account is active, suspended, or deleted. We will not enter into any agreement with any third party that would permit such use of Artist Content. This is a foundational principle of the Platform and shall not be altered without the express, affirmative consent of each affected artist.

6. Public Display of Contact Information

The Platform allows artists to optionally provide contact information for the purpose of enabling potential clients to reach them. This information may include, at the artist’s discretion, their email address, phone number, social media handles, physical address, website URL, or other contact details.

By choosing to include contact information on your profile, you acknowledge and agree that this information will be publicly visible to all visitors of the Platform. ActuallyArtists.com does not restrict access to artist profile pages, and any contact information you provide will be accessible to anyone who visits your profile. We strongly recommend that artists only provide contact information they are comfortable sharing publicly.

You may update or remove your contact information at any time by editing your profile. ActuallyArtists.com is not responsible for any communications, solicitations, spam, or other contacts that may result from your decision to display contact information publicly.

7. Platform Purpose & Limitation of Liability

7.1 Lookbook Only

ActuallyArtists.com is a portfolio display platform only. The Platform does not facilitate, mediate, process, or otherwise participate in any transactions, negotiations, agreements, bookings, or communications between artists and potential clients. All such interactions occur entirely outside the Platform through whatever contact methods the artist has provided.

7.2 No Liability for Off-Platform Interactions

ActuallyArtists.com expressly disclaims any and all liability, responsibility, or obligation arising from or related to any interaction, transaction, dispute, agreement, disagreement, injury, loss, or damage that occurs between an artist and any third party (including potential clients) outside the Platform. This includes, without limitation, disputes over pricing, scope of work, quality, delivery, payment, intellectual property, or any other matter. By using the Platform, you agree that ActuallyArtists.com bears no responsibility for any off-platform dealings.

7.3 Disclaimer of Warranties

7.4 Limitation of Liability

8. User Conduct

You agree not to use the Platform to:

• Upload, post, or display any content that is unlawful, defamatory, obscene, pornographic, sexually explicit (NSFW), harassing, threatening, abusive, hateful, or otherwise objectionable;
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity;
• Upload content that infringes any patent, trademark, copyright, trade secret, or other proprietary right of any party;
• Attempt to gain unauthorized access to the Platform, other accounts, computer systems, or networks connected to the Platform;
• Use automated means (bots, scrapers, crawlers) to access, collect, or harvest any data or content from the Platform, including but not limited to artist portfolios, images, and contact information;
• Engage in any activity that interferes with or disrupts the Platform or the servers and networks connected to the Platform.

9. Content Restrictions

At this time, ActuallyArtists.com does not permit NSFW (Not Safe For Work) content, including but not limited to nudity, sexually explicit material, graphic violence, or content depicting illegal activities. We reserve the right to modify this policy in the future, at which point updated guidelines will be published. Content that violates these restrictions may be removed, and repeat violations may result in account termination.

10. Account Termination

ActuallyArtists.com reserves the right to suspend or terminate any user account at any time, for any reason, including but not limited to:

• Violation of these Terms of Service, including the AI content prohibition (Section 4);
• Posting content that violates the content restrictions (Section 9) or user conduct rules (Section 8);
• Inactivity for an extended period, as determined at our discretion;
• Uploading content you do not own or have permission to display;
• Any other behavior we reasonably deem harmful to the Platform or its community.

We may, but are not obligated to, provide notice prior to account termination. In cases involving AI-generated content (Section 4), termination may occur without any prior notice.

You may delete your own account at any time. Upon account deletion, we will remove your profile and Artist Content from public view. Some data may be retained for a limited period for legal and compliance purposes as described in our Privacy Policy below.

11. Copyright Infringement & DMCA Notices

ActuallyArtists.com respects the intellectual property rights of others and expects our users to do the same. If you believe that any content on the Platform infringes your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (DMCA) by providing the following information in writing:

• A description of the copyrighted work you claim has been infringed;
• A description of where the infringing material is located on the Platform;
• Your contact information (name, address, telephone number, email);
• A statement that you have a good faith belief that the disputed use is not authorized;
• A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner.

DMCA notices should be sent to the contact email listed on the Platform. We will respond to valid notices in accordance with applicable law.

12. Indemnification

You agree to indemnify, defend, and hold harmless ActuallyArtists.com, its operators, contributors, and volunteers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Platform; (b) your Artist Content or any other content you post; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) any off-platform interaction arising from your profile on the Platform.

13. Dispute Resolution & Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in the State of Texas. The language of the arbitration shall be English. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

15. Funding & Non-Commercial Nature

ActuallyArtists.com is a non-commercial platform. We do not charge artists or visitors any fees to use the Platform. As of the effective date of these Terms, all revenue generated by the Platform is derived solely from voluntary donations. Donation funds are used to cover the operational costs of running the Platform (hosting, domain registration, maintenance, and related expenses). Any surplus funds remaining after operational costs may, at our discretion, be donated to charities, nonprofit organizations, or community initiatives that support artists and the creative community. We do not sell advertising space, and we do not monetize user data or Artist Content in any way.

16. Modifications to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the “Effective Date” at the top of this document and may provide notice through the Platform. Your continued use of the Platform after any such changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole. Such provision shall be deleted without affecting the remaining provisions, which shall continue in full force and effect.

18. Entire Agreement

These Terms, together with the Privacy Policy below, constitute the entire agreement between you and ActuallyArtists.com regarding your use of the Platform and supersede all prior and contemporaneous agreements, understandings, and communications, whether written or oral.

Part Two: Privacy Policy

This Privacy Policy describes how ActuallyArtists.com collects, uses, and shares information in connection with your use of the Platform. By using the Platform, you consent to the practices described herein.

1. Information We Collect

1.1 Information You Provide

When you create an account and build your profile, you may provide the following types of information:

• Account Information: Name, email address, and password used to create and manage your account.
• Profile & Portfolio Content: Artist biography, portfolio images, artwork descriptions, and any other content you choose to include on your profile.
• Contact Information (Optional): Email address, phone number, social media handles, website URL, physical address, or other contact details you choose to display publicly on your profile for the purpose of client communication.

1.2 Information Collected Automatically

When you visit the Platform, we may automatically collect certain technical information, including your IP address, browser type, operating system, referring URLs, pages visited, and the dates and times of your visits. This information is collected through standard server logs and, where applicable, cookies or similar technologies, solely for the purposes of maintaining Platform security, diagnosing technical issues, and understanding aggregate usage patterns.

2. How We Use Your Information

We use the information we collect for the following purposes and no others:

• To operate the Platform: Displaying your profile, portfolio, and contact information to visitors.
• To promote the Platform: As described in the Terms of Service (Section 3.3), we may use Artist Content in promotional materials for the Platform.
• To communicate with you: Sending account-related notifications, responding to inquiries, and providing Platform updates.
• To maintain security and integrity: Monitoring for abuse, fraud, or violations of these Terms.
• To comply with legal obligations: Responding to legal process or governmental requests as required by applicable law.

3. How We Do NOT Use Your Information

We want to be explicitly clear about what we will never do with your data:

• We will never sell your data. We do not sell, rent, lease, or trade any personal information, account data, Artist Content, or usage data to any third party, for any reason, under any circumstances.
• We will never use your data or content for AI training. As stated in the Terms of Service (Section 5), no Artist Content, personal data, usage data, or any other information collected through the Platform will ever be used to train, fine-tune, validate, or develop any artificial intelligence or machine learning model.
• We will never commercially exploit your content. Your Artist Content will not be sold, licensed, or used for any commercial purpose independent of the Platform’s operation and promotion as described herein.
• We will never serve advertisements. The Platform does not display third-party advertisements and will not use your data for targeted advertising purposes.

4. Publicly Visible Information

Your artist profile, including your portfolio content and any contact information you choose to provide, is publicly accessible to all visitors of the Platform. The Platform does not offer private or restricted profiles. By posting content or contact information to your profile, you acknowledge that this information is visible to anyone on the internet who visits the Platform. We are not responsible for how third parties may use publicly visible information from your profile.

5. Data Sharing & Third-Party Disclosures

We do not share your personal information with third parties except in the following limited circumstances:

• Service Providers: We may use third-party hosting providers, content delivery networks, or similar technical services necessary to operate the Platform. These providers process data on our behalf and are contractually prohibited from using your data for any purpose other than providing their services to us.
• Legal Requirements: We may disclose information if required to do so by law, regulation, legal process, or governmental request, or if we believe in good faith that disclosure is necessary to protect our rights, the safety of our users, or the public.
• Platform Transfer: In the unlikely event that the Platform is transferred to another operator, we will provide notice and ensure that the transferee agrees to honor the commitments made in this Privacy Policy, including the prohibitions on data sales and AI training.

6. Data Retention

We retain your information only for as long as is necessary to fulfill the purposes described in this Privacy Policy. When you delete your account:

• Your profile and Artist Content will be removed from public view as promptly as reasonably practicable;
• We may retain certain data for a limited period following account deletion strictly for legal, compliance, fraud prevention, or dispute resolution purposes, if we determine in good faith that such retention is necessary;
• We have no desire or intention to retain your images, artwork, or personal data any longer than is strictly necessary, and we will permanently delete such data as soon as the retention period has lapsed.

7. Data Security

We take reasonable measures to protect your information from unauthorized access, alteration, disclosure, or destruction. However, no method of electronic storage or internet transmission is 100% secure. We cannot guarantee absolute security, and you use the Platform at your own risk.

8. Cookies & Tracking Technologies

The Platform may use cookies or similar technologies for essential functionality such as session management and security. We do not use tracking cookies for advertising or analytics profiling. You may configure your browser to refuse cookies, but doing so may affect your ability to use certain features of the Platform.

9. Your Rights

Depending on your jurisdiction, you may have certain rights regarding your personal information, including the right to access, correct, delete, or port your data. To exercise these rights, please contact us using the contact information provided on the Platform. We will respond to your request in accordance with applicable law.

10. Children’s Privacy

The Platform is not directed at individuals under the age of 18, and we do not knowingly collect personal information from minors. If we become aware that we have inadvertently collected information from a minor, we will take steps to delete such information promptly.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. When we make material changes, we will update the Effective Date and may provide notice through the Platform. Your continued use of the Platform after changes are posted constitutes your acceptance of the revised Privacy Policy.

12. Contact Us

If you have any questions, concerns, or requests regarding these Terms of Service, this Privacy Policy, or the practices of the Platform, please contact us through the contact information provided on ActuallyArtists.com.