Terms of Service

Effective Date: September 6, 2025

Welcome to Your Space & Rhythm (“YSR”). These Terms of Service govern your access to and use of our website and any purchases made through it. By using our site or placing an order, you agree to be bound by these Terms. If you do not agree, please discontinue use of the site. YSR is a Canadian-based luxury art boutique offering custom spiritual artwork, including current limited-edition metal prints by featured artist Ipzarafae. (In these Terms, “we” or “us” refers to Your Space & Rhythm or YSR, and “you” refers to any user or customer.) You represent that you are of legal age in your jurisdiction (or using the site under supervision of a parent/guardian) and are legally able to enter into this agreement.

1. Overview

·         Personal Use Only: You agree to use the YSR website and services only for personal, non-commercial purposes and in compliance with these Terms. You may not exploit the site or its content for any unauthorized commercial purpose.

·         Prohibited Activities: You must not misuse or interfere with the website. Prohibited behavior includes attempting to hack or disrupt the site, introducing viruses or malicious code, data mining or scraping our content, or using any automated system to access our services in a manner that sends more requests than a human could reasonably produce. You also agree not to use the site for any unlawful purpose, to harass or harm others, or to violate any applicable laws.

·         Account and Information: If our site allows account creation or if you provide information during checkout, you agree to provide accurate, complete information. You are responsible for maintaining the confidentiality of any account login credentials and for all activities that occur under your account. We reserve the right to suspend or terminate your access to the site if you violate these Terms or engage in fraudulent or abusive behavior.

2. Ordering & Payment

·         Pricing: All prices for products are listed in Canadian Dollars (CAD) unless otherwise noted. Prices do not include applicable taxes or shipping fees, which will be calculated at checkout. We reserve the right to change prices or correct pricing errors at any time. If a pricing error is discovered after you’ve placed an order, we will contact you with the correct price and you may choose to proceed with the order or cancel it.

·         Payment: Orders are processed only after full payment is received. By submitting an order, you authorize YSR (or our payment processor) to charge the payment method provided for the total amount shown at checkout (including any taxes and shipping fees). We accept major credit cards and other electronic payment methods as displayed during checkout. You represent that you are authorized to use the payment method you provide.

·         Order Confirmation: After you place an order and payment is successfully processed, you will receive an order confirmation email. This confirms that we have received your order. However, acceptance of your order occurs only when we begin production or dispatch the product. We reserve the right to refuse or cancel any order prior to shipment for any reason, including suspicion of fraud, errors in pricing or availability, or other issues. If we cancel your order, we will issue a full refund of any amount charged.

·         Cancellation by You: Because our products are custom-made, orders enter production quickly. If you need to cancel or change your order, please contact us immediately. We will do our best to accommodate, but we cannot guarantee that cancellation or changes will be possible if production has already started. Once an item is in production or has shipped, the order cannot be modified or canceled.

3. Production & Shipping

·         Made-to-Order Artwork: All of our artwork is made-to-order to ensure quality and intentionality in every piece. Production time is typically 2–7 business days from the date of order. This time is needed to create or prepare your custom piece before shipping.

·         Shipping Time: Shipping transit times vary based on your location. Once produced, your order will be shipped via our selected carriers. Estimated shipping delivery time is approximately 1–3 weeks after production, depending on destination. (Local deliveries may arrive sooner, while international deliveries or remote areas may be toward the longer end of this window.) Please note that these timeframes are estimates and not guaranteed; delays can occur due to carrier issues, customs clearance, or other unforeseen factors.

·         Shipping Costs & Duties: Shipping costs will be calculated and displayed at checkout based on your provided address. International Orders: If you are ordering from outside of Canada, you are responsible for any import duties, taxes, or customs fees that may be imposed by your country. Such charges are not included in our pricing or shipping fees, and YSR has no control over these governmental charges.

·         Tracking & Delivery: Once your order ships, you will receive a shipment confirmation email with a tracking number so you can monitor delivery status. It is your responsibility to provide an accurate and complete shipping address. YSR is not liable for delays or delivery problems caused by an incorrect address or if you are not available to receive the package. Title to the products and risk of loss pass to you upon delivery of the artwork to the carrier. If a package is lost in transit or significantly delayed beyond the estimated window, please contact us; we will work with the carrier to investigate and, where appropriate, assist in resolving the issue.

·         Delays: While we strive to meet stated production and shipping estimates, YSR is not responsible for shipping delays due to customs inspections, carrier issues, extreme weather, or other events beyond our control. We appreciate your patience in such circumstances.

4. Returns & Refunds

·         All Sales Final (No General Returns): Due to the custom nature of our products, all sales are final. We do not accept returns or exchanges for change of mind or personal preference. Each piece is made specifically for you, and as such we cannot restock or resell returned items. Please review product details and your order carefully before confirming your purchase.

·         Damage or Defect Exceptions: We stand behind the quality of our artwork. If your item arrives damaged or defective, we will make it right. In the rare event of damage in transit or a manufacturing defect:

·         Contact Us Promptly: You must notify us within 7 days of delivery if an item is delivered in damaged or defective condition. Email us at our contact address with your order number and clear photos showing the damage or issue.

·         Assessment and Resolution: We will review your claim and the evidence provided. If we determine (at our reasonable discretion) that the product was indeed damaged in shipping or is defective, we will arrange a replacement at no additional cost to you. In certain cases (for example, if a replacement is not feasible for a one-of-a-kind item), we may offer a refund or alternative solution. We will inform you of the required next steps, which may include returning the item or otherwise disposing of the damaged piece. YSR will cover any return shipping costs if we require you to send the item back.

·         Condition of Return: If a return of the damaged item is requested, the product must be returned in the condition it was received (aside from the reported damage) and with the original packaging if possible.

·         Limitations: Claims for damage or defect made more than 7 days after delivery may not be honored. Additionally, damage or issues that occur after delivery (e.g., due to improper handling or accidents in your home) are not covered by this policy. Minor Variations: Please note that minor imperfections or variations can occur with custom-made art (for example, slight color differences due to screen calibration versus print, or small variances in dimensions). Such minor variations that do not affect the overall appearance or functionality of the artwork are not considered defects and are not grounds for a return or replacement. We strive for every piece to match its description and imagery, but some natural variation is part of the custom art process.

·         No Refunds: Our standard resolution for eligible damage or defect claims is to replace the item. Refunds are generally not offered except in cases where a replacement cannot be provided or where required by law. If a refund is issued, it will be processed back to your original payment method.

5. Intellectual Property

·         Artwork Copyright: All artwork sold or displayed by YSR (including the limited-edition pieces by Ipzarafae and any other artists) is protected by copyright and remains the intellectual property of the original artist. Purchasing a piece gives you ownership of that physical art piece or print, not the underlying copyright or reproduction rights. You may display the art in your home or business, but you may not reproduce, distribute, or create derivative works from the artwork.

·         No Commercial Use or Resale: You agree not to resell the artwork or use it for any commercial purpose without express written permission from YSR and the artist. In other words, our products are for personal use only. Businesses or individuals wishing to use our art commercially (for example, in a commercial space or marketing material) or to resell items must contact us for a separate license or agreement. Unauthorized commercial use of the art is strictly prohibited.

·         Website Content: All content on the YSR website – including text, images (other than the artwork images provided by artists), graphics, logos, design elements, and software – is the property of Your Space & Rhythm or our content suppliers and is protected by copyright, trademark, and other intellectual property laws. YSR and its licensors retain all rights in the site content. You are granted a limited, revocable license to access and use the site for its intended purposes (browsing, purchasing art) for personal use only. You may not copy, reproduce, modify, or republish any portion of the website content without our prior written consent.

·         Trademarks: “Your Space & Rhythm,” our logo, and any other YSR trademarks or service marks that may appear on the site are trademarks of Your Space & Rhythm. All other trademarks, names, or logos on the site that are not owned by us are the property of their respective owners (such as artists’ names or marks) and are used with permission. You are not granted any right or license to use any trademarks displayed on the site without the owner’s prior written consent.

6. Privacy & Data

Your privacy is important to us. We collect and use personal information in accordance with our Privacy Policy (please refer to our separate Privacy Policy document for full details). Key points include:

·         Use of Information: Any personal information you provide to YSR (such as your name, contact details, shipping address, and payment information) is used solely for the purposes of processing your order, delivering products, providing customer support, and communicating with you about your order or our services. If you have opted into our newsletter or marketing communications, we may also use your contact information to send promotional materials, but you can opt out at any time.

·         Protection of Data: We implement appropriate security measures to protect your personal information during transmission and storage. Payment information is handled via secure, reputable third-party payment processors; we do not store full credit card numbers on our servers.

·         No Sale of Personal Data: We do not sell, rent, or trade your personal data to third parties for marketing or any other purposes. We will only share information with third parties as necessary to fulfill your order or as required by law (for example, sharing your address with the shipping carrier, or disclosing information in response to lawful requests by authorities).

·         Cookies and Tracking: Our website may use cookies or similar technologies to enhance your browsing experience (such as keeping track of your cart or preferences). Please see our Privacy Policy for information on how we use cookies and how you can manage your settings.

·         Privacy Policy: For more information on how we collect, use, and protect your personal information, please review our Privacy Policy. By using our site or services, you acknowledge that you have read and understand our Privacy Policy. If you do not agree with our data practices, please do not use the site.

7. Disclaimers & Limitation of Liability

·         “As Is” Basis: Your Space & Rhythm provides the website, its contents, and all products on an “as is” and “as available” basis. While we strive to maintain a high-quality, secure service, we make no guarantees or warranties of any kind, express or implied, about the accuracy, reliability, suitability, or availability of the site or the products. To the fullest extent permitted by law, we disclaim all warranties and conditions, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the site will be uninterrupted or error-free, that any defects will be corrected, or that the site or server will be free of viruses or anything else harmful. Use of our site and services is at your own risk.

·         No Guarantee of Results: YSR makes no guarantee that any artwork will meet your personal expectations or that any subjective outcomes (such as spiritual or aesthetic satisfaction) will occur from owning our art. We do our best to portray and describe products accurately, but we cannot guarantee the product will appear exactly as on your device (due to color display differences, etc.) or that you will interpret the art in any particular way. All descriptive material and images are for general reference only.

·         Third-Party Services & Links: In the process of delivering our services, we rely on certain third-party service providers (such as payment processors, printing partners, and shipping carriers). We may also provide links to third-party websites or services for additional information (e.g., an artist’s profile or external content). You acknowledge that YSR has no control over and no responsibility or liability for the acts or omissions of any third parties. This includes, but is not limited to, payment processing errors, shipping delays or losses caused by the carrier, or the content of external websites linked on our platform. Any third-party links on our site are provided for convenience, and inclusion of a link does not imply endorsement by YSR. If a third-party service fails (for example, if a courier misplaces a package), we will do our best to assist you in resolving the issue, but we are not liable for those external failures.

·         Exclusion of Certain Damages: To the maximum extent permitted by applicable law, in no event will YSR or its owners, directors, employees, partners, or agents be liable to you for any indirect, incidental, consequential, special, or punitive damages whatsoever. This includes, without limitation, damages for lost profits or revenues, loss of data, loss of goodwill, costs of substitute goods or services, or any similar damages, arising out of or related to your access to, use of, or inability to use the site or our products, even if YSR has been advised of the possibility of such damages. This limitation applies whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory.

·         Limitation of Liability (Cap): To the fullest extent permitted by law, YSR’s total aggregate liability for any claim arising out of or relating to these Terms, your use of the site, or any products purchased via YSR shall be limited to the amount you paid to us for the product or service in question. For example, if you purchased a piece of artwork for CAD $200 and it gave rise to a claim, our maximum liability would be $200. If you have not made any payments (e.g., for mere use of the site without purchase), YSR’s liability will be zero. This cap on liability is a fundamental part of the bargain between you and YSR, and reflects the allocation of risk between the parties.

·         Exceptions: Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of liability for certain types of damages. In such jurisdictions, some of the above disclaimers and limitations may not fully apply to you. However, they will apply to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be limited by law, such as liability for gross negligence, willful misconduct, or any responsibility under applicable product safety laws.

·         Indemnification: You agree to indemnify and hold harmless Your Space & Rhythm and its affiliates, and each of their respective owners, officers, directors, employees, and agents, from and against any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to your violation of these Terms, your use of the site or products in violation of someone else’s rights, or your violation of any law or regulation. For example, if you use the site in a way that infringes another’s intellectual property or if you attempt to bypass our security and cause damage, and as a result YSR faces a claim by a third party, you agree to cover all costs and damages incurred by YSR. We will notify you of any such claim and may require that you assist in the defense, at your expense. This indemnity obligation will survive the expiration or termination of these Terms and your use of the site.

·         Consumer Rights: We aim to be fair and transparent. Nothing in these Terms is intended to limit any legal rights you may have as a consumer that cannot be waived by contract. Some jurisdictions provide consumers certain mandatory rights (such as specific return rights or warranty protections) that apply despite any agreement to the contrary. Our Terms will be interpreted subject to any such laws.

8. Governing Law & Jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the Province of Manitoba, Canada, and the federal laws of Canada applicable therein, without regard to its conflict of law principles. This means that if you ever have a dispute with YSR that leads to legal action, the laws that will be used to interpret and decide the dispute will be Manitoba and Canadian law (to the extent not overridden by other mandatory consumer protection laws that apply to you).

You agree that any dispute, claim, or legal proceeding arising out of or relating to these Terms or your use of YSR’s site or products shall be brought exclusively in the courts located in the Province of Manitoba, Canada. You consent to the personal jurisdiction of such courts and waive any objections on the grounds of venue or inconvenient forum. In other words, if you want to sue YSR or need to resolve a legal matter, you will do so in Manitoba (and likewise, if we have any claim against you, we will file in Manitoba).

Class Action Waiver: To the extent permitted by law, you and YSR each agree that any disputes will be resolved only on an individual basis and not as part of any class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against YSR. If for any reason this class action waiver is deemed unenforceable or inapplicable, then the entirety of this Governing Law & Jurisdiction section (or, if applicable, any separate arbitration agreement) may be deemed void.

Note: If you are accessing the site from outside of Canada, you understand that you are voluntarily choosing to use a Canadian-based service. You are responsible for complying with any local laws, but the above choice of Manitoba law and forum will apply to any dispute to the extent permissible. We do not represent that the site or our products are appropriate or available in any particular jurisdiction outside Canada.

9. Changes to Terms

We reserve the right to update or modify these Terms of Service at any time. If we make changes, we will post the revised Terms on this page with a new “Effective Date” at the top. Material changes may also be highlighted on our website (for example, via a notice on the homepage or at checkout). It is your responsibility to review the Terms periodically for updates.

Changes to the Terms will become effective on the date they are posted (unless a later date is specified). By continuing to use the YSR site or services after any changes take effect, you automatically agree to the revised Terms. If you do not agree with a change to the Terms, you must stop using the site and services. For this reason, we encourage you to regularly check this page whenever you use our site, so you remain informed of the latest Terms.

10. Miscellaneous

·         Entire Agreement: These Terms of Service (along with any policies or documents expressly incorporated by reference, such as our Privacy Policy and any additional guidelines on the site) constitute the entire agreement between you and Your Space & Rhythm regarding your use of the website and purchase of products. It supersedes any prior or contemporaneous agreements, communications, or understandings between you and us concerning the same subject matter. You acknowledge that you are not relying on any representation or promise that’s not explicitly stated in these written Terms.

·         Severability: If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, that provision will be deemed severed from this agreement and will not affect the validity or enforceability of the remaining provisions. The parties (you and YSR) agree to replace any invalid provision with a valid provision that most closely approximates the original intent and economic effect of the invalid provision.

·         No Waiver: Our failure to enforce any right or provision of these Terms in a particular instance will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of YSR. Similarly, if you breach these Terms and we take no immediate action, we still retain the right to enforce the Terms at a later date or in any other situation where you breach them.

·         Assignment: You may not assign or transfer any of your rights or obligations under these Terms to any third party without our prior written consent. Any attempted assignment by you without permission will be null. YSR may freely assign or transfer our rights and obligations under these Terms to another entity in the event of a merger, acquisition, sale of assets, or by operation of law, or otherwise at our discretion. These Terms will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

·         Headings: Section titles and headings in this agreement (e.g., “Ordering & Payment”, “Returns & Refunds”) are for convenience and organizational clarity only and have no independent legal effect. They do not limit or define the scope of any section or provision.

·         Relationship: You and YSR are dealing at arm’s length, as independent parties. No agency, partnership, joint venture, employment, or fiduciary relationship is intended or created by these Terms. You are simply a customer of YSR, and neither party has the authority to bind the other to any third party, act on behalf of the other, or incur obligations on behalf of the other beyond what is explicitly provided in these Terms.

·         Survival: Any provisions of these Terms which by their nature should survive termination of this agreement (including but not limited to provisions regarding limitation of liability, indemnification, intellectual property rights, and governing law) shall continue to remain in effect after any termination or expiration of these Terms or after you stop using the site.

11. Contact Information

If you have any questions, concerns, or comments about these Terms of Service or any other aspect of Your Space & Rhythm, please feel free to contact us. We value open communication and will do our best to address your inquiry.

Contact Email: yourspace.rhythm@gmail.com

For any official notices or claims under these Terms, please send an email to the address above with the subject line “Terms of Service – [Your Issue]”. While email is our primary method of contact, we can provide a mailing address for formal correspondence upon request. We typically respond to customer inquiries within 2-3 business days.

Thank you for reading our Terms of Service. By supporting Your Space & Rhythm, you are helping to foster a community of creativity and spiritual artistic expression. We sincerely appreciate your business and trust. Enjoy your journey through art with us!

Your Space & Rhythm (YSR) – Terms of Service & Artist Agreement

Last Updated: September 10, 2025

Welcome to Your Space & Rhythm (“YSR”). By subscribing to and participating in YSR’s services, you (the “Artist”) agree to the following terms and conditions. Please read them carefully to understand your rights and obligations.

1.      Eligibility

a)      Age Requirement: You must be at least 18 years of age to register and use YSR’s services. If you are under 18, you may only participate with the written consent and supervision of a parent or legal guardian.

b)     Original Creator You may only submit artwork that you have created and for which you are the rightful owner. By joining YSR, you represent and warrant that all artwork you upload is your own original creation and does not infringe any third party’s rights.

c)      Uploads that are fully AI-generated (with AI as the sole originator of the artwork) are not permitted on YSR. AI tools may only be used as supporting tools (e.g., touch-ups, color correction, enhancements, or minor edits) on artwork you have primarily created by hand (painting, drawing, sculpting, or digital design).

d)     Artists must clearly disclose if AI was used in any part of the creative process. Submitting artwork that violates this rule may result in removal of the artwork, withholding of royalties, or termination of your account.

e)      Residency: At present, YSR’s services are available only to residents of Canada. By signing up, you confirm that you reside in Canada. (YSR may expand globally in the future and will update these terms accordingly.)

2. Artist Responsibilities

a)      Originality & Rights: You are responsible for ensuring your artwork is original and does not copy, plagiarize, or infringe upon any copyright, trademark, or other intellectual property rights of others. Do not upload stolen art or unlicensed content. If your work incorporates any third-party material (including stock images, trademarks, or character likenesses), you must have the legal right to use it.

b)     Promotion Commitment: If your chosen subscription package includes promotion requirements, you agree to fulfill them. This may include posting your YSR artwork or shop links on your social media or other platforms a certain number of times as outlined in the package details. Timely and good-faith participation in promotional activities helps maximize the benefit of the platform for all.

c)      Appropriate Conduct: You agree to use YSR’s platform and community respectfully and lawfully. Prohibited conduct includes spamming other users or comment sections, posting or sharing harmful malware or phishing links, engaging in harassment, hate speech, or discrimination, and any fraudulent or deceptive activities. You will not misuse YSR platforms for any unlawful purpose or to violate any community guidelines issued by YSR.

d)     Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Notify YSR immediately of any unauthorized use of your account. You should only create one account unless expressly permitted by YSR.

e)      Representations & Indemnity: By uploading content, you represent and warrant that you have all necessary rights to grant the licenses and permissions in these Terms. You agree to indemnify and hold YSR harmless from any claims, damages, or losses (including legal fees) arising out of your breach of this agreement or any allegation that your artwork or conduct infringes someone else’s rights or violates the law.

3. Royalties & Payments

a)      Royalty Rates: As an Artist on YSR, you will earn royalties from sales of products featuring your artwork. Royalties will be paid at the percentage specified in your subscription package (for example, an Artist on the Basic package might earn 15% of net sales, on Standard 25%, and on Premium 50%, as per the package details). YSR will clearly communicate your royalty rate upon signup and in your account info.

b)     Net Sales Calculation: Royalties are calculated on net sales. “Net sales” means the revenue from the sale of your artwork or products (such as prints or merchandise) after deducting any applicable costs, including but not limited to payment processing fees (e.g. credit card or platform transaction fees), YSR’s platform fees or commissions, any taxes or VAT that are included in the sale, shipping costs (if applicable), and any chargebacks or refunds. In other words, you earn your royalty percentage on the amount left after these necessary costs are deducted from the customer’s payment.

c)      Payout Schedule: Royalties are tallied and paid out on a monthly basis. Typically, YSR will process payouts within [X] days after the end of each calendar month (exact timing may be communicated on the platform). For example, royalties for January sales would be paid by mid- or late February. If a minimum payout threshold applies (e.g. you must have at least $20 in earnings to receive a payout), YSR will hold your royalties until you reach that minimum.

d)     Payment Method: YSR uses third-party payment processors to handle subscription payments and royalty payouts. Currently, subscription fees are processed via Square, and YSR may use Square or other payment methods (such as PayPal, e-transfer, Stripe, or bank transfer) to pay out royalties to you. You are responsible for providing accurate and up-to-date payment details to receive your funds. All payments will be made in Canadian dollars (CAD) unless otherwise stated. Transaction fees for payouts (if any) may be deducted from your royalty payment.

e)      No Refunds Policy: Subscription fees you pay to YSR for any artist package are non-refundable. If you cancel your subscription or if your account is terminated for violating these terms, you will not receive a refund for any remaining period of a subscription you’ve already paid for. Similarly, customer purchases on the YSR platform are generally considered final sale with no refunds, in order to protect Artists’ earnings (except in cases of proven fraud, payment chargebacks, or where required by law or at YSR’s discretion for issues like defective merchandise). YSR will handle any customer disputes or chargebacks; if a sale of your artwork is refunded or charged back, YSR reserves the right to deduct that sale from your net sales (and thus from your royalties) or from future payouts.

f)        Taxes: You are responsible for reporting and paying any income taxes, VAT, or other taxes that apply to the royalties and earnings you receive from YSR, according to the laws of your jurisdiction. YSR may be required by law to collect taxes on sales of your artwork to customers (for example, sales tax or GST/HST on purchases) or to report payments made to you (for example, issuing a T4A or 1099 form if applicable). Any taxes we collect or withhold will be handled according to applicable laws, and will be reflected in your payout calculations or documentation. We strongly advise you to consult a tax professional if you are unsure about your tax obligations on your YSR earnings.

4. Licensing & Merchandise Rights

a)      License to Display and Sell: By uploading or submitting your artwork to YSR, you grant YSR a limited license to use that artwork for the purpose of providing our services. This means YSR has your permission to display your artwork on our websites, apps, and promotional materials, to reproduce and distribute your artwork as needed to fulfill product orders (for example, printing it on a canvas or apparel for a customer), and to sell your artwork in the form of prints or merchandise to customers. This license is worldwide, so it covers sales and displays to users in any country (subject to any service availability limits), and it is royalty-bearing, meaning you will earn the royalties described in Section 3 for any sales of your work. For Artists in the Basic and Standard packages, this license is non-exclusive – you are free to also display or sell your artwork through other platforms or channels outside of YSR, so long as doing so does not conflict with any other part of these Terms.

b)     Premium Package & Exclusive Merchandise Rights: If you are a Premium package subscriber (or any future package that offers enhanced benefits), you agree to grant YSR extended rights to produce merchandise featuring your artwork. In addition to the standard license above, Premium Artists grant YSR the exclusive right (during the term of your subscription) to create and sell derivative products with your art, such as physical merchandise (e.g. art prints, canvas prints, posters, t-shirts, mugs, phone cases, home décor, digital wallpapers, and any other products described in the package). “Exclusive” means that only YSR (and its fulfillment partners) will have the right to produce and sell merchandise using the artworks you upload under the Premium package – you agree not to license or authorize another platform or company to manufacture the same artwork on merchandise while your Premium subscription is active. This exclusivity helps us invest in promoting your work and protecting it on our platform. (Note: You still retain ownership of your art, and you can continue to display it in your portfolio or social media. The exclusivity is specifically about commercial merchandising rights.) YSR will pay you royalties on all such merchandise sales per the Premium royalty rate. If you downgrade from Premium or terminate your account, the exclusive merchandise rights granted to YSR will end as described below.

c)      Artist’s Copyright and Ownership: You retain full ownership and copyright of all artwork you create and upload to YSR. Nothing in these Terms transfers ownership of your creations to YSR. YSR’s rights to your art are limited to the licenses you grant us for using the art on our platform and products, as stated above. Outside of YSR’s platform, you are free to use your artwork however you like (for example, you can still display it in your personal portfolio, make non-merchandise uses of it, or even sell it elsewhere if not under an exclusivity agreement for merchandise). We simply ask that, if you have agreed to exclusivity under the Premium package, you honor that commitment during the term.

d)     License Duration and Termination: The licenses you grant to YSR for your artwork are in effect for as long as your artwork is available on the YSR platform and your account is active, plus a reasonable period after to allow us to wind down use. You can remove an individual artwork from YSR at any time (unless otherwise agreed, e.g. a minimum term for exclusive merchandise arrangements), and after a reasonable processing period, that artwork will no longer be displayed or sold by YSR. You can also terminate your entire account as described in Section 8, upon which YSR will stop selling your works. However, even after removal or termination, you grant YSR the right to fulfill any pending customer orders for your artwork that were placed prior to removal, and to continue using your artwork in marketing materials that were already created or campaigns already in progress at the time of removal (for example, if we had included your art in a promotional catalog or Instagram post, we don’t have to recall or delete those past materials). We may also retain backup copies of your content on our servers for a period of time for legal, record-keeping, or archival purposes.

e)      Merchandise Representation: For physical merchandise production, YSR may make minor adjustments to your artwork (such as resizing or cropping) to fit various product dimensions, or add background colors if needed for print. YSR will make commercially reasonable efforts to ensure the integrity and quality of your art is preserved in any product. All merchandise using your art will be presented as your artwork (credited to your profile) unless otherwise agreed.

f)        No Further Compensation: Other than the royalties described in these Terms or in your subscription package, you are not entitled to any other compensation or payment from YSR or its partners for our use of the license you granted. (For example, granting YSR a license to use your art on the platform does not entitle you to a fee beyond the royalties from sales, and YSR does not owe you royalties on uses of your art for promoting YSR itself, such as displaying your art in a banner on our homepage to attract customers – that promotional use is covered by the license and benefits you through potential increased exposure and sales.)

5. Disputes Over Originality & Copycat Art

a)      Reporting Infringement: YSR takes originality seriously. If you believe another artist on YSR has copied your work or uploaded art that isn’t theirs (stolen art), or if someone else makes such a claim against your work, you should notify YSR via the designated reporting process (such as a “Report” button or by emailing our support/legal team with details). YSR may also independently flag and investigate artwork that appears to violate the originality requirement.

b)     Evidence and Cooperation: In the event of a dispute about artwork ownership or infringement, all parties involved are expected to cooperate with YSR’s investigation. YSR may request evidence of creation and ownership. This can include high-resolution original files, sketches/concept drafts, metadata timestamps, original source files or project files, proof of publication dates on other platforms, etc. The claimant (person alleging their art was stolen) should provide reasons and any proof that they are the original creator. The accused artist will have an opportunity to respond and provide their proof of creation.

c)      YSR’s Actions: YSR is not a court of law and cannot make legal determinations of copyright ownership; however, YSR reserves the right to act in good faith to protect the integrity of the platform. If, after reviewing the evidence, YSR believes that an artwork is likely fraudulent or infringing, YSR may remove the artwork from the platform. If the issue is serious or clear-cut (for example, an artist has uploaded multiple pieces of stolen art or blatantly copied another user’s work), YSR may terminate or suspend the offending artist’s account entirely, at YSR’s sole discretion. In such case, the terminated artist will not receive a refund of any subscription fees paid, and any unpaid royalties related to the offending artwork may be forfeited.

d)     No Legal Arbitration by YSR: Understand that any determination YSR makes in response to a copycat complaint is for the purpose of protecting our community and complying with the law, and is not an official legal judgment. The involved artists are free to resolve the matter through legal channels outside of YSR. YSR’s decision to remove content or terminate an account is not an acceptance of liability – it is an action to limit harm on the platform.

e)      Cooperation with Authorities: YSR will comply with applicable intellectual property laws (such as the Canadian Copyright Act and international equivalents). If we receive a proper legal notice or court order (for example, a DMCA takedown notice or Canadian notice-and-notice request, or a court injunction regarding an artwork), we will take appropriate action by removing or disabling the content in question and notifying the affected artist as required by law. We will also cooperate with law enforcement or court orders in any investigation of fraud, copyright infringement, or other unlawful activity on the platform.

f)        False Claims: Deliberately making a false claim of art theft against another artist is a serious violation of these Terms. YSR reserves the right to suspend or terminate the account of anyone who knowingly submits false or bad-faith reports of infringement or misconduct.

6. Content Moderation & Restrictions

a)      Prohibited Content: YSR aims to maintain a welcoming, safe community and a positive reputation. We reserve the right to decline or remove any artwork or content (including titles, descriptions, tags, or other material you post on the platform) that, in our sole judgment, falls into any of the following categories:

a.      Explicit Content Without Merit: Pornographic or extremely graphic sexual content that lacks serious artistic value or context. (Artistic nudity or mature themes may be allowed if tastefully done and properly labeled as 18+, per YSR’s guidelines, but outright pornographic or sexually exploitative content is not permitted.)

b.     Hate or Violence: Content that promotes or glorifies hate, bigotry, racism, sexism, or violence against any group or individual. This includes hateful symbols or extremist propaganda. Similarly, excessively violent or gore imagery that is gratuitous and not clearly presented for artistic purposes may be removed.

c.      Harassment or Defamation: Any content (including artwork or accompanying text) that bullies, harasses, or defames an individual or group. Personal attacks and malicious falsehoods have no place on YSR.

d.     Illegal or Harmful: Content that appears to depict, encourage, or facilitate illegal activities (e.g., drug use, crimes), or any other content that could be deemed harmful, dangerous, or highly objectionable. This also includes malware, phishing attempts, or links to malicious sites – these are strictly forbidden.

e.      Spam and Scams: Advertisements for unrelated products/services, junk content posted repeatedly, pyramid schemes, or any content that is intended to mislead or scam users.

f.        Community Harm: Any content that YSR determines is detrimental to the community experience or YSR’s reputation, even if it doesn’t neatly fall into one of the categories above. YSR reserves the right to make contextual judgments – for instance, if a piece might cause public backlash or harm the trust in our platform, we may choose not to allow it.

b)     Moderation Actions: If your content violates the above guidelines or other terms, YSR may take action including editing or removing the content, and/or issuing you a warning, suspension, or termination depending on severity. We generally will attempt to notify you and explain the violation, but in urgent cases we may remove content immediately and then inform you after. These rules apply to all content you provide, including artwork images, profile pictures, artist bio, comments in forums, etc.

c)      Age Ratings and Filters: You are expected to use any provided tools to mark or filter mature content appropriately (for example, flagging an upload as containing mature themes or graphic content if such features exist). YSR may apply age-gates or content warnings to certain material. Failure to properly label mature content may result in removal.

d)     No Endorsement: Allowing content on the YSR platform doesn’t mean YSR endorses or approves of that content. YSR is a host for user-generated art; however, we reserve the right to remove anything that conflicts with our policies or values. You agree that you will not assert any claim against YSR for taking down (or refusing to take down) any specific content, as we strive to balance artistic freedom with community standards.

7. Fraud, Security & Platform Abuse

a)      Fair Use of the Platform: You agree not to abuse the YSR platform or services. Strictly prohibited activities include (but are not limited to): using bots, scripts, or automated tools to artificially boost your profile or interactions; creating fake accounts (whether to inflate your own stats or to disrupt others); generating fake traffic or fake purchases of your own art to inflate sales or royalties; engaging in click-fraud on any ads or promotional materials; or attempting to hack, cheat, or manipulate the platform’s operations (such as exploiting bugs or attempting to scrape data in violation of our policies).

b)     No Circumvention: You must not attempt to circumvent YSR’s systems or policies. For example, do not try to arrange off-platform sales of YSR-listed artworks with YSR’s customers to avoid fees or royalties; do not share personal contact info in a way that violates our rules or privacy policies. All transactions for your YSR-listed art that originate through the platform should be processed through YSR.

c)      Fraudulent Payment Activity: If you engage in any fraudulent payment activity – such as using stolen credit cards to buy your own art, or encouraging fake “buyers” to purchase your work with the intent of getting royalties dishonestly – this is a severe breach of contract. YSR monitors for unusual transaction patterns and reserves the right to withhold payouts and claw back earnings that are suspected to be from fraudulent transactions. You also risk immediate termination and potential legal action.

d)     Security Measures: YSR may implement measures to detect and prevent fraud or abuse, such as monitoring IP addresses, purchase patterns, or account activity. By using the platform, you consent to such monitoring and agree not to interfere with these security measures.

e)      Enforcement Actions: If we suspect you have engaged in any form of fraud or platform abuse, YSR may suspend your account and withhold any pending payments while investigating. If our investigation confirms a violation, we may terminate your account, and you will forfeit any unpaid royalties associated with the misconduct (and possibly even legitimate earnings, if needed to offset losses incurred due to your actions). We may also impose financial penalties or seek compensation through legal proceedings if YSR suffered losses or damage.

f)        Notification: We will make a good-faith effort to inform you of any enforcement action taken against your account, unless we are legally prevented from doing so (for example, due to an ongoing law enforcement investigation). You agree to cooperate with any inquiry we conduct into suspected violations.

8. Termination of Account

a)      Artist-Initiated Termination: You are free to cancel your subscription or close your artist account at any time. This can usually be done through your account settings or by contacting YSR support with a clear request. If you cancel a paid subscription, your account will remain active at the current service level until the end of the period you’ve paid for, and then it will not renew. Please note: as stated in Section 3, we do not provide refunds for any subscription fees you’ve already paid, even if you choose to end your membership early.

b)     YSR-Initiated Termination or Suspension: YSR reserves the right to suspend or terminate your account at our discretion if we believe you have violated any of these Terms or any applicable law, or if your continued use poses a risk to YSR or any users. In most cases of minor or remediable breaches, we will attempt to warn you and work with you to fix the issue (for example, give you a chance to remove infringing content or stop a certain behavior). However, serious violations (such as clear-cut art theft, fraud, or actions that put YSR at legal risk) may result in immediate termination of your account without prior notice. We may also terminate the service or your account if required by law (for instance, if providing the service to you becomes illegal).

c)      Effect of Termination: Once your account is terminated (whether by you or by YSR), you will lose access to the artist dashboard and any features of the platform that require login. Your artwork will no longer be available for sale on YSR (aside from completing any pending transactions as noted under Licensing). YSR may, at its discretion, inform customers or display a notice that your shop is closed. Termination of your account does not automatically wipe your data; YSR may retain certain information (like sales records, tax documentation, communications with you, and any content necessary for record-keeping or legal compliance). If you plan to terminate and would like to retrieve any data (like a list of your customers or sales), please do so before closing your account, as you may not have access afterward.

d)     Payout of Royalties on Termination: If you have accrued royalties that have not yet been paid out at the time of account termination, YSR will still pay those to you on the next scheduled payout date, provided you are eligible to receive them and the termination was not due to fraudulent or illegal activity. If you were terminated for cause (violation of terms), YSR may withhold payouts as needed to cover any damages or chargebacks, or may cancel unpaid royalties that are linked to misconduct (for example, royalties from sales that are being refunded due to your breach).

e)      No Future Access: If your account was terminated for a serious violation or fraud, you may be banned from rejoining the platform in the future. You agree not to attempt to re-register under a different name or entity if you have been banned.

f)        Survival of Terms: Any section of these Terms which by its nature should survive termination (such as the license provisions to allow fulfillment of prior sales, the limitation of liability, indemnity obligations, and governing law provisions) will remain in effect even after your account is closed or these Terms are terminated.

9. Disclaimers & Limitation of Liability

a)      Platform Provided “As Is”: YSR provides its website, apps, and services on an “as is” and “as available” basis. While we strive to offer the best experience, YSR makes no guarantee that the platform will be uninterrupted, error-free, or meet all your expectations at all times. We do not guarantee that your artwork will sell, or that the audience will respond positively – those outcomes depend on many factors beyond our control. YSR hereby disclaims any warranties or conditions of any kind, whether express or implied, including but not limited to implied warranties of title, non-infringement, accuracy, merchantability, or fitness for a particular purpose. You use the platform at your own risk.

b)     Third-Party Services: You acknowledge that YSR uses third-party services and integrations (for example, payment processors like Square or PayPal, social media platforms for promotion, print-on-demand fulfillment partners, shipping carriers, etc.). YSR has no control over these third parties and thus no liability for their actions or failures. For instance, if a payment processor fails to transmit a payment, or a carrier loses a package, we will do our best to assist, but we aren’t liable for their errors. Any reference to third-party tools or services is for convenience and does not imply endorsement or guarantee of their functionality.

c)      Limited Liability: To the fullest extent permitted by law, YSR and its directors, officers, employees, and agents shall not be liable to you for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, business opportunities, goodwill, or data, whether incurred directly or indirectly, resulting from: (a) your use of or inability to use the platform; (b) any content obtained from the platform (including any reliance on its accuracy or completeness); or (c) unauthorized access to or alteration of your transmissions or data. In jurisdictions that do not allow the exclusion of certain warranties or the limitation of certain liabilities, some of the above exclusions may not apply to you — but they will apply to the maximum extent permitted by law.

d)     Cap on Liability: In all cases, YSR’s total cumulative liability to you for any claim arising out of or relating to the use of the YSR services or these Terms shall not exceed the total amount of fees you paid to YSR in the 12 months prior to the claim or CAD $100 (whichever is greater). For example, if you have paid $50 in subscription fees and earned $200 in royalties in the last year, and you have a claim, our liability would at most be $100 under this clause. This limitation applies no matter what type of claim (contract, tort, negligence, strict liability, or any other legal theory) and even if we have been advised of the possibility of such damages.

e)      No Liability for User Conduct: You acknowledge that other users (artists or customers) on the platform are independent actors, not controlled by YSR. YSR is not responsible for what users post or do, although we strive to enforce the rules. If you have a dispute with another user (for example, a customer leaves an unjustified bad review, or another artist copies your style), that is between you and the other user. YSR may choose to help mediate or may take action per these Terms, but ultimately we are not liable for the actions of third parties on the platform.

f)        Indemnification: (This complements the indemnity mentioned in Section 2.) You agree that if a third party makes a claim against YSR due to your wrongful actions or omissions – for example, if someone sues YSR because your artwork allegedly infringes their copyright, or due to a product you designed causing harm – you will indemnify (defend and reimburse) YSR for all losses, damages, liabilities, and expenses (including reasonable attorneys’ fees) incurred by YSR as a result of that claim. We will notify you of any such claim and may require you to promptly assume defense of it, at your expense. This obligation survives termination of your account.

g)      Consumer Protections: Nothing in these Terms is intended to limit any rights you may have under consumer protection laws that cannot be waived by contract. However, since you are using YSR for commercial artistic purposes (not primarily as a personal or household consumer), you acknowledge that consumer-focused statutes may not apply.

10. Governing Law & Jurisdiction

a)      Governing Law: These Terms and any disputes arising from them or your use of YSR shall be governed by the laws of the Province of Manitoba, Canada, and the federal laws of Canada applicable therein, without regard to conflict of law principles. We choose Manitoba law because YSR is based in Manitoba, and having a consistent legal framework benefits both parties.

b)     Jurisdiction: You agree that any legal action or proceeding concerning these Terms or the YSR services shall be brought in the courts located in the Province of Manitoba. You consent to the exclusive jurisdiction of those courts. This means if you need to sue YSR or we need to take legal action against you, it will generally happen in a Manitoba court. You waive any objection to Manitoba courts claiming jurisdiction over you, including objections based on inconvenient forum.

c)      International Use: YSR is currently intended for use in Canada. If you access or use YSR from outside Canada in the future (for example, if and when we expand), you are responsible for complying with local laws, but the above governing law and jurisdiction will still apply to the extent enforceable. YSR does not guarantee that the platform is appropriate or available for use in any particular country aside from Canada at this time.

d)     Legal Compliance: You agree to follow all applicable laws and regulations that apply to your use of YSR. This includes Canadian laws and any local laws in your region (if outside Canada) regarding online conduct, acceptable content, and the sale of goods. If certain legal requirements (such as consumer protection or privacy laws) apply to your use of YSR due to your location or the location of your customers, you are responsible for adhering to those requirements in your dealings (for example, providing any required disclosures in your product descriptions). YSR will also fulfill its obligations, such as protecting personal data under privacy laws (see our Privacy Policy), and ensuring transactions are secure and lawful.

11. Miscellaneous Provisions

o   Changes to Terms: YSR may update or modify these Terms of Service & Artist Agreement from time to time. When we make changes, we will notify you by email or via a prominent notice on our website or dashboard, and we will update the “Last Updated” date at the top of the Terms. Please review any changes carefully. If you continue to use YSR’s services after an update, that will constitute your acceptance of the revised Terms. If you do not agree to the changes, you must stop using the platform and may cancel your subscription as described above.

o   Entire Agreement: These Terms (along with any additional policies or guidelines YSR provides, such as our Privacy Policy or any community guidelines) constitute the entire agreement between you and YSR regarding your use of the artist platform, superseding any prior agreements or understandings (whether written or oral) relating to the same subject matter. You acknowledge that you are not relying on any representation or warranty that’s not explicitly stated in these written Terms.

o   No Waiver: If YSR does not enforce a provision of these Terms in every instance, it does not mean we give up our right to enforce it later. For example, if we fail to act immediately on a violation you commit, we still reserve the right to take action for that violation or similar ones in the future. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of YSR.

o   Severability: If any part of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be severed from the Terms (removed), and the rest of the Terms will remain in full effect. Both you and YSR would then work in good faith to replace the invalid provision with a valid one that comes closest to the original intent and economic effect.

o   Assignment: You may not assign or transfer any rights or obligations under these Terms to anyone else without YSR’s prior written consent. YSR may assign its rights and obligations to an affiliate, a successor in interest (for example, if we undergo a merger, acquisition, or sale of assets), or any other entity at our discretion. These Terms will bind and benefit any permitted successors or assigns.

o   Relationship: Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you (the Artist) and YSR. You are participating as an independent creator. You do not have authority to make any commitments on behalf of YSR, and vice versa.

o   Headings: Section titles and headings in this agreement are for convenience only and have no legal effect. They do not limit or define the scope of any section.

o   Contact Information: If you have any questions or need to contact YSR regarding these Terms or any issue, please reach out to us at [insert contact email or address]. Official notices to YSR should be sent in writing to Yourspace.rhythm@gmail.com.

✅ Acknowledgment & Agreement: By subscribing to a YSR artist package and uploading your artwork, you acknowledge that you have read, understood, and agree to all of the above terms and conditions. You also agree that this electronic acceptance of the Terms is as legally binding as a physical signature. If you are accepting on behalf of a minor (with guardian consent) or on behalf of a business entity, you confirm that you have the legal authority to do so.

Thank you for being a part of the Your Space & Rhythm community. We look forward to showcasing your creativity while protecting both your rights and our platform’s integrity!