www.atelieronline.com is an online platform that allows Producers to connect with Animators who provide Animation Services (Atelier Studio) and allows creators to host text- and image-driven stories (Atelier Stories). Both of these services appear concurrently on the Atelier Online Platform.

The Atelier Online Platform is operated by Atelier Online Pty Ltd (Atelier Online, we, us or our).

To contact us, please email contact@atelieronline.com.

These terms of use (Terms) outline our and your obligations and responsibilities on the Atelier Online Platform.

These Terms govern your use of the Atelier Online Platform along with our Privacy Policy. By accessing and/or using the Atelier Online Platform, you confirm that you accept these Terms and you agree to comply with them (Agreement).

We may amend these Terms from time to time. Every time you wish to access and/or use the Atelier Online Platform, please check the current version to ensure you understand the terms that apply at that time. The most current version of the Terms can be reviewed by clicking on the Terms of Use link at the bottom of our web pages. Should you object to these Terms or any subsequent amendment of these Terms, you must immediately discontinue accessing and using the Atelier Online Platform.

These Terms were most recently updated on 1 June 2023.

All defined terms in this Agreement have the meaning given to them in the Atelier Online Glossary.

1. SCOPE OF ATELIER ONLINE SERVICES

1.1 Atelier Studio provides the Atelier Online Platform to enable Producers to publish Projects.
1.2 The submission of work does not automatically guarantee payment for an Animator. Animators will be paid upon the acceptance of submitted work by the Producer of the project.
1.3 A Producer may revoke or modify a Project at any time before they accept the Works. Atelier Online reserves the right to cancel any Works on a Project made prior to the modification.
1.4 If an Animator places the Works on hold, a Project Contract is formed between the Animator and the Producer.
1.5 Upon acceptance of the Works, the Producer must pay the Agreed Price into the Payment Account.
1.6 Upon acceptance of the Works, the Producer has rendered Atelier Online Services and the Service Fee is due and payable.
1.7 Once the Project Works have been submitted, the Producer may request the Animator to alter the Works on the Atelier Online Platform via the Review Page. The Producer and Animator are encouraged to use Atelier Online's Animation Review Page to request alterations to the Works. Once the Works have been accepted, no further alterations can be made.
1.8 Upon acceptance of the Works, the Producer is required to pay the amount due to the Animator.
1.9 After the transaction is completed, the parties are encouraged to review and provide feedback on the Atelier Online Platform.
1.10 Atelier Stories provides the Atelier Online Platform to enable Creators to host and monetize text- and image-driven stories.
1.11 A creator may only be eligible to monetize their stories if they connect a Stripe account to their Atelier account.
1.12 A viewer is under no obligation to donate money towards a story to view content.

2. ATELIER ONLINE'S ROLE AND OBLIGATIONS

2.1 Atelier Online provides the Atelier Online Platform only, enabling Users to publish Projects and Stories, and submit Work for Projects.
2.2 Atelier Online is offered to users who are at least 18 years of age. By using Atelier Online, you represent and warrant that you meet all of the eligibility requirements set out below. If you do not meet all of these requirements, you must not access or use the Atelier Online Platform.
2.3 Users must be individuals, but can specify within their account description that they represent a business entity.
2.4 At its absolute discretion, Atelier Online may refuse to allow any person to register or create an account with Atelier Online, or cancel or suspend or modify any existing account including if Atelier Online reasonably forms the view that a User's conduct (including a breach of this Agreement) is detrimental to the operation of the Atelier Online Platform.
2.5 Registering and creating an account with Atelier Online is free. There is no charge for a user to view content on the Atelier Online Platform, including Projects and Stories.
2.6 Atelier Online accepts no liability for any aspect of the Producer and Animator or Creator and Viewer interaction, including but not limited to the descriptions of Projects and Stories, comments or quality of work.
2.7 Atelier Online has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by Users, including, but not limited to, the ability of Animators to perform tasks or supply items, or the honesty or accuracy of any information provided by Producers or the Producers' ability to pay for the Services requested.
2.8 Except for liability in relation to any Non-excludable Condition, the Atelier Online Service is provided on an "as is" and "as available" basis. Atelier Online and/or its respective suppliers make no representations or warranties, express or implied, about the operation or availability of the Atelier Online Platform and the suitability of the material published on the Atelier Online Platform for any purpose.
2.9 Atelier Online has no obligation to any User to assist, intervene or involve itself in any dispute between Users, although it may do so to improve User experience at its own discretion.
2.10 You understand and agree that Atelier Online does not undertake any investigations in relation to any Animator or Producer before they are admitted to the platform, including criminal checks, verification of qualification, or any character or other checks. You further understand and agree that you are solely responsible for making your own evaluations, decisions and assessments about choosing Projects.

3. USER OBLIGATIONS

3.1 You will at all times:

(a) comply with this Agreement (including all Policies) and all applicable laws and regulations;
(b) only post accurate information on the Atelier Online Platform;
(c) ensure that You are aware of any laws that apply to You as a Producer or Animator, or in relation to using the Atelier Online Platform.

3.2 You agree that any content (whether provided by Atelier Online, a User or a third party) on the Atelier Online Platform may not be used on third party sites or for other business purposes without the relevant owner's prior permission. This includes the use of story branches as described in Clause 24.
3.3 You must not use the Atelier Online Platform for any illegal or immoral purpose. The following are examples of inappropriate actions when using the Atelier Online Platform:

(a) modifying, falsely adding to or removing any copyright, trademark or other legal notice, or author attribution such as origin or source of the Works;
(b) obstructing, disturbing or causing harm to the security of the Atelier Online Platform, or acting in a manner that disrupts, interferes or prevents others from effectively using the Atelier Online Platform; or
(c) deliberately attempting to gain unauthorised access to another User's account.
(d) deliberately miscategorising content to antagonise, misrepresent or harm others and/or their content or to misrepresent yourself or your content to gain access to users who otherwise would not wish to view your account or your content
(e) deliberately representing yourself as another user/entity to gain followers or harm the reputation of another

3.4 You must maintain control of Your Atelier Online account at all times. This includes not allowing others to use your account, and not transferring or selling your account or any of its content to another person.
3.5 You must treat your account information, including your password, as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you know your account password, you must promptly change your password.
3.6 You grant Atelier Online an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Atelier Online Platform for the purpose of publishing material on the Atelier Online Platform and as otherwise may be required to provide the Atelier Online Service, for the general promotion of the Atelier Online Service, and as permitted by this Agreement.
3.7 As part of the registration process on the Atelier Online Platform or before the first initial collection of Works and Content as Data Sets, in accordance with Clause 20, you will be presented with the option to permit Atelier Online and its associated Business Partners to use your Works and Content for the purpose of training artificial intelligence programs. Please refer to Clause 20 for specific conditions and details about this use.
3.8 Once Works have been accepted by the Producer, subject to payment in full being made by the Producer, the Animator grants the Producer an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt the Works.
3.9 You agree that any information posted on the Atelier Online Platform must not, in any way whatsoever, be potentially or actually harmful to Atelier Online or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Atelier Online.
3.10 Without limiting any provision of this Agreement, any information you supply to Atelier Online or a Project must be up to date and kept up to date and must not:

(a) be false, inaccurate, misleading or deceptive;
(b) be fraudulent or involve the sale of counterfeit or stolen intellectual property;
(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(e) be defamatory, libellous, threatening or harassing;
(f) be obscene or contain any material that, in Atelier Online's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;
(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Atelier Online Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information; or
(h) reproduces Works created by other Users;

3.11 The Producer acknowledges that the content they upload to Atelier Online is available for download to the public and must comply with the conditions stated in Clause 3.10(c).
3.12 Atelier Online is not responsible if a User violates the conditions as stated in Clause 3.10.
3.13 You warrant that any information you supply to Atelier Online complies with the conditions as stated in Clause 3.10. We may report to the relevant law enforcement authorities, if any breach of your warranties is contrary to any applicable law, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Atelier Online Platform will cease immediately.
3.14 Atelier Online Platform may engage location-based or map-based functionality. A User should not disclose personal details such as another User’s full name, street address, phone number or email address in a Project, Story or in any other public communication on the Atelier Online Platform.
3.15 If you are an Animator, you must have the right to provide Services under a Project Contract and to work in the jurisdiction where the Services are performed. You must comply with tax and regulatory obligations in relation to any payment received under a Project Contract.
3.16 Animators must not, when supplying Services, charge a Producer any fees on top of the Project cost per frame. However, the parties to a Project Contract may agree to amend the Agreed Price through the Atelier Online Platform. Producers may be required to pay a fee to publish a Project on Atelier Online. Producers may cancel their Project at any time, however, this initial fee is non-refundable.
3.17 Animators must not request payments outside of the Atelier Online Platform from the Producer for the Works.
3.18 Other than paying the Agreed Price for accepted Works, a Producer is not liable for costs incurred by an Animator to produce Works including, but not limited to; internet usage, electricity costs, equipment purchases or paid animation software.
3.19 For the proper operation of the Atelier Online Platform (including insurance, proper pricing and compliance with Policies), the Animator must ensure that, if it subcontracts any part of the performance of the Services to a third party in accordance with a Project Contract, then that third party must also be a registered User of the Atelier Online Platform.
3.20 If Atelier Online determines at its sole discretion that you have breached any obligation under this clause 3 or that you have breached a Project Contract, it reserves the rights to remove any content, Project or Works you have submitted to the Atelier Online Service, or cancel or suspend your account and/or any Project Contracts.
3.21 Producers must not duplicate Works produced by an Animator without paying the Agreed Price for the Works.
3.22 Animators must not use Project content submitted by a Producer on their projects outside or within the Atelier Online platform.
3.23 Animators who do not submit Works before their hold on a Project lapses, may be restricted from working on the Project again. Any Animator who continuously fails to submit Work before their hold on a Project lapses may see their account suspended or cancelled, at the discretion of Atelier Online.
3.24 Users are required to disclose if any of the content provided contains adult themes. Any User who does not follow this clause may have their account closed or suspended at the discretion of Atelier Online.
3.25 Creators must not duplicate Content produced by another Creator without creating a story branch from the story from which the content appeared within.
3.26 Creators may post their stories to other platforms with the exception of any content generated by another User on the site. Ownership of content generated by another user strictly belongs to said user. Combining Stories may be an exception to this clause, for details, see Clause 24.

4. FEES

4.1 Upon the acceptance of the Works, the Producer must pay Atelier Online the respective portion of the Service Fee, which will automatically be deducted from the final payment to the Animator.
4.2 Atelier Online will have no liability for costs incurred by an Animator in completing the Services.
4.3 Fees do not include any payments that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider.
4.4 All Fees and charges payable to Atelier Online are non-cancellable and non-refundable, save for your rights under any Non-Excludable Conditions.
4.5 If Atelier Online introduces a new service on the Atelier Online Platform, the Fees applying to that service will be payable from the launch of the service.
4.6 Atelier Online may restrict a User's account until all Fees have been paid.

5. PAYMENTS AND REFUNDS

5.1 If a Project is cancelled for any reason (by a Producer, an Animator or by us under this Agreement) prior to completion of the Project, and if Atelier Online is reasonably satisfied that the Agreed Price should be returned to the Producer, then the Agreed Price will be refunded to the Producer as Atelier Credit and a Cancellation Admin Fee will be payable to Atelier Online by the User who triggered the cancellation of the Project under clause 5.4 or 5.5.
5.2 Atelier Online may decide in its absolute discretion to refund the Agreed Price back onto the Producer's credit card instead of Atelier Credit or waive the Cancellation Admin Fee.
5.3 Any outstanding Cancellation Admin Fee owed by a User under clause 5.1 will be a debt owed by that User to Atelier Online and may also be offset by Atelier Online against any other payments owed by Atelier Online to the User or from any payments being made to the User via the Atelier Online Platform.
5.4 Cancellation of a Project Contract will be attributable to the Animator where:

(a) the Producer and the Animator mutually agree to cancel the Project Contract; or
(b) following reasonable but unsuccessful attempts by an Animator to contact a Producer to review the Work, the Project Contract is cancelled by the Animator; or
(c) the Animator removes their Work from the Project; or
(d) a Project Contract is cancelled in accordance with clause 3.14 as a result of the Animator’s actions or breach.

5.5 A Cancellation of a Project Contract will be attributable to a Producer where a Project is cancelled in accordance with clause 3.14 as a result of the Producer’s breach of this Agreement.
5.6 If the parties agree to any additional cancellation fee payable under the Project Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
5.7 Atelier Online may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Producer.
5.8 If, for any reason, the Animator Funds cannot be transferred or otherwise made to the Animator or returned to the Producer (as the case may be) or no claim is otherwise made for the Animator Funds, the Animator Funds will remain in the Payment Account until paid or otherwise for up to three months from the date the Producer initially paid the Agreed Price into the Payment Account.
5.9 Following the 3 months referred to in clause 5.8, and provided there is still no dispute in respect of the Animator Funds, the Animator Funds will be credited to the Producer as Atelier Credit.

6. ATELIER CREDIT

6.1 Atelier Credit :

(a) can be used by the credited User to pay for any new Services via the Atelier Studio;
(b) are not refundable or redeemable for cash;
(c) cannot be replaced, exchanged or reloaded or transferred to another card or account; and
(d) are valid for 12 months from the date on which that particular Atelier Credit is applied to a User's account, the date of issue or purchase or any expiry date applied by Atelier Online (conditional upon any contrary specific jurisdictional legislative requirements)...

6.2 The User credited with an Atelier Credit is solely responsible for the security of any Atelier Credit. Save for the Non-Excludable Conditions, Atelier Online does not have any obligation to replace Atelier Credit.
6.3 Atelier Online will not accept, and may refuse or cancel, any Atelier Credit, which it reasonably determines in its discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Atelier Online reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular Atelier Credit, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
6.4 Atelier Online is entitled to any value on Atelier Credit which is not redeemed before the Atelier Credit expires or is cancelled by Atelier Online.

7. BUSINESS PARTNERS

7.1 Atelier Online may enter into agreements with Business Partners and may seek to engage Animators in the provision of Business Services. Animators who agree to perform Business Services for Business Partners acknowledge and agree that Atelier Online and the Business Partner may on-sell Services supplied to third parties for an increased fee.
7.2 Business Partners may require Animators providing Business Services to be approved or hold particular qualifications. Atelier Online may assist Business Partners to locate suitably qualified Animators or Creators. Atelier Online makes no warranty that it will promote any or all suitably qualified Animators or Creators to Business Partners.
7.3 Business Partners may require Animators to enter into a Business Partner Contract before providing Business Services.
7.4 Where an Animator accepts a Project with a Business Partner:

(a) the Animator must provide Business Services to the Business Partner in accordance with the Project Contract and any applicable Business Partner Contract; and
(b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency.

7.5 Atelier Online may share content uploaded by a User to Business Partners for the general promotion of the User or Atelier Online Platform.

8. PAYMENT FACILITY

8.1 Atelier Online uses a Payment Provider to operate the Payment Account.
8.2 In so far as it is relevant to the provision of the Payment Account, the terms at https://stripe.com/ssa/ are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Payment Account.
8.3 If Atelier Online changes its Payment Provider, you may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.
8.4 Conversions of currencies are subject to the time of acceptance of the Works by the Producer and may vary to the initial proposed price per frame.
8.5 Estimates of any payment service fee and consequently, any final price and/or user allocation due to royalties, are indicative and may differ from the final amount.

9. THIRD PARTY SERVICES

9.1 Atelier Online may from time to time include Third Party Services on the Atelier Online Platform. These Third Party Services are not provided by Atelier Online.
9.2 Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Atelier Online Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
9.3 If a User engages any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
9.4 Atelier Online makes no representation or warranty as to the Third Party Services.

10. VERIFICATION & BADGES

10.1 Atelier Online may use Identity Verification Services.
10.2 You agree that Atelier Online Identity Verification Services may not be fully accurate as all Atelier Online Services are dependent on User-supplied information and/or information or Verification Services provided by third parties.
10.3 You are solely responsible for identity verification and Atelier Online accepts no responsibility for any use that is made of an Atelier Online Identity Verification Service.
10.4 Atelier Online Identity Verification Services may be modified at any time.
10.5 The Atelier Online Platform may also include a User-initiated feedback system to help evaluate Users.
10.6 Atelier Online may make Badges available to Users. The available Badge can be requested by the Animator via the Atelier Online Platform, and arranged on behalf of the Animator and issued by Atelier Online. Obtaining Badges may be conditional upon the provision of certain information or documentation by the Animator and determined by Atelier Online or a third party verifier which shall be governed by its terms.
10.7 You acknowledge that Badges are point in time checks and may not be accurate at the time it is displayed. You acknowledge that to the extent You relied on a Badge in entering into a Project, you are aware of this limitation.
10.8 It remains the User’s responsibility to ensure that information or documentation it provides in obtaining a Badge is true and accurate and must inform Atelier Online immediately if a Badge is no longer valid.
10.9 Atelier Online may, at its discretion, issue Badges to Animators for a fee.
10.10 The issue of a Badge to a User remains in the control of Atelier Online and the display and use of a Badge is licensed to the User for use on the Atelier Online Platform only. Any verification obtained as a result of the issue of a Badge may not be used for any other purpose outside of the Atelier Online Platform.
10.11 Atelier Online retains the discretion and right to not issue, or remove without notice, a Badge if You are in breach of any of the terms of this Agreement, the Badge has been issued incorrectly, obtained falsely, has expired, is no longer valid or for any other reason requiring its removal by Atelier Online.
10.12 By submitting your personal information or otherwise using the Atelier Online platform or presenting a verified User Badge on your profile, you consent to the use, processing and storage of your personal information, including business information provided, in accordance with these Terms and Atelier Online's Privacy Policy. Atelier Online may store your personal information for the duration of your period as a User of the Atelier Online platform and up to 6 months after you terminate your profile on the platform.

Assessment Process of Verification and Badges

10.13 Atelier Online (or its third party processors) will assess the Verification Documentation provided by a User and verify that the name on the Documentation matches the name of the User (Producer or Animator) recorded on the Atelier Online platform.
10.14 Atelier Online will take no other steps to verify the validity of the Verification Documentation. Once this information is verified the Badge will be issued. The Badge is evidence that Atelier Online has carried out the above steps only. Atelier Online gives no warranty or representation that the Documentation has been properly issued or is otherwise current and valid.
10.15 You understand and agree that individual Users (Producers or Animators) are solely responsible for the accuracy of the information they provide. You further understand and agree that it is solely your responsibility to verify the Documentation of any User (Producers or Animator) you exchange Services with, whether or not they have a Badge.

Disclaimer

10.16 Users of the platform acknowledge that the only steps Atelier Online has taken to assess the veracity of the Verification Documentation are as set out above. Consequently, the issue of a Badge to a User (Producer or Animator) by Atelier Online may not be relied upon as verification that the user has experience within the industry or a standard quality of work. Atelier Online expressly disclaims any liability for any loss or damage incurred by a user of the platform in reliance on a badge other than as expressly contemplated by these terms and conditions.

11. FEEDBACK

11.1 You can complain about any comment made on the Atelier Online Platform using the 'Report' function on the Atelier Online Platform or contact Atelier Online via the Atelier Online Platform.
11.2 Atelier Online is entitled to suspend or terminate Your account at any time if Atelier Online, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Atelier Online Users.

12. LIMITATION OF LIABILITY

12.1 You agree not to hold us responsible for any third-party content accessible on or through the Atelier Online Platform.
12.2 Under no circumstances will we, our related entities, licensors and service providers or our or their respective officers, agents, employees or directors be liable for damages of any kind, under any legal theory, arising under or in connection with this Agreement, or your use, or inability to use, the Atelier Online Platform and any information, content and services obtained or access through the Atelier Online Platform, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, in respect of personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12.3 Nothing in these Terms (including this clause) is intended to have the effect of excluding, restricting or modifying any liability to you which cannot be excluded, restricted or modified under applicable law, including any Non-excludable Condition. Where our liability cannot be excluded, we limit our liability to you to the fullest extent permitted by applicable law, including as provided under the Australian Consumer Law.
12.4 Subject to this Clause 12, our maximum aggregate liability to you for any loss, damage or injury arising out of or in connection with the performance or non-performance of this Agreement, including any breach by us of this Agreement however arising, in tort (including negligence), under any statute, custom, law or on any other basis, is limited to the amount of Australian Consumer Law.

13. PRIVACY

13.1 Atelier Online will handle any personal information collected in accordance with applicable data protection laws and the Atelier Online Privacy Policy.
13.2 Third Party Service providers will provide their services pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, you must review and agree to their terms of service including their privacy policy.
13.3 Atelier Online will endeavour to permit you to transact anonymously on the Atelier Online Platform. However, in order to ensure Atelier Online can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Atelier Online reserves the right to ask Users to verify themselves in order to remain a User.

14. MODIFICATIONS TO THE AGREEMENT

14.1 Atelier Online may modify this Agreement or the Policies (and update the Atelier Online pages on which they are displayed) from time to time. Atelier Online will send notification of such modifications to your Atelier Online account or advise you the next time you login to the Atelier Online Platform.
14.2 When you actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Atelier Online Platform in any manner, including engaging in any acts in connection with a Project Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to you.
14.3 If you do not agree with any changes to this Agreement (or any of our Policies), you must either terminate your account or you must notify Atelier Online who will terminate your Atelier Online account, and stop using the Atelier Online Service.

15. NO AGENCY

15.1 No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Atelier Online, its related entities or affiliates in any way whatsoever. Atelier Online confirms that all Third Party Services that may be promoted on the Atelier Online Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Atelier Online specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non-performance of such Third Party Service.

16. NOTICES

16.1 Except as stated otherwise, any notices must be given by email, either to Atelier Online's email address as displayed on the Atelier Online Platform, or to Atelier Online Users' contact address as provided at registration. Any notice shall be deemed given 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
16.2 Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

17. MEDIATION AND DISPUTE RESOLUTION

17.1 Atelier Online encourages you to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, you acknowledge and agree that Atelier Online may, in its absolute discretion, provide your information as it decides is suitable to other parties involved in the dispute.
17.2 If a dispute arises with another User, you must cooperate with the other User and make a genuine attempt to resolve the dispute.
17.3 Atelier Online may elect to assist Users resolve disputes. Any User may refer a dispute to Atelier Online. You must co-operate with any investigation undertaken by Atelier Online. Atelier Online reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Payment Provider to make payment accordingly. You may raise your dispute with the other User or Atelier Online's determination in an applicable court or tribunal.
17.4 Atelier Online has the right to hold any Agreed Price that is the subject of a dispute in the Payment Account, until the dispute has been resolved.
17.5 Atelier Online may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
17.6 Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
17.7 If you have a complaint about the Atelier Online Service please contact us through the Atelier Online platform Contact Us page.
17.8 If Atelier Online provides information about other Users to you for the purposes of resolving disputes under this clause, you acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will be responsible and liable to Atelier Online for any costs, losses or liabilities incurred by Atelier Online in relation to any claims relating to any other use of information not permitted by this Agreement.

18. TERMINATION

18.1 Either you or Atelier Online may terminate your account and this Agreement at any time for any reason.
18.2 Termination of this Agreement does not affect any Project Contract that has been formed between Users.
18.3 Third Party Services are conditional upon, and governed by, Third Party Service provider terms and conditions.
18.4 Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
18.5 If Your account or this Agreement are terminated for any reason then you may not without Atelier Online's consent (in its absolute discretion) create any further accounts with Atelier Online and we may terminate any other accounts you operate.

19. GENERAL

19.1 This Agreement is governed by the laws of Victoria, Australia. You and we both agree that the courts having jurisdiction in Victoria, Australia will have exclusive jurisdiction over any dispute arising under or in any way related to these Terms and their subject matter.
19.2 The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will remain enforceable.
19.3 This Agreement may be assigned or novated by Atelier Online to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
19.4 This Agreement sets out the entire understanding and agreement between the User and Atelier Online with respect to its subject matter.

20. Use of Data for AI Training

20.1 Users' consent is required for Atelier Online to utilise their Works and Content as Data Sets for AI Software Training. This consent is sought upon the first instance of using the Atelier Online Platform, and the model employed by Atelier Online operates under the presumption of continuous consent following this initial grant, unless explicitly withdrawn by the User.
20.2 For all pre-existing Users at the time of the initial collection of Works and Content as Data Sets for AI Software Training, Atelier Online will reach out via the User's registered email, explaining Atelier Online's intent to use their Works and Content. This communication will present the User with opt-in/opt-out options, thereby giving them the control to grant or deny consent for the use of their Works and Content.
20.3 Following the initial communication outlined in 20.2, a 30-day notice period shall commence, during which Users may choose their opt-in/opt-out preference. If no preference is selected within this period, the default setting will automatically be set to opt-out. This chosen preference will serve as the default for all current and future Works and Content on the Atelier Online platform to which the User owns the Intellectual Property Rights.
20.4 New Users, subsequent to the initial collection of Works and Content into Data Sets, will be presented with the opt-in/opt-out options upon registration. These Users shall be assumed to have given their preference and will not necessitate the conditions as set out in 20.2 and 20.3.
20.5 Users may change their preference at any given point in time through the provided channels on the Atelier Online Platform. The newly selected preference will be considered as the User's standing preference for any subsequent usage of their Works and Content. Users understand that changing their preference may take up to 30 days to add/remove their Works and Content from Data Sets used in AI Software Training.
20.6 Any change in the User's selection does not confer the right to remove, modify, or discontinue Atelier Online’s use of AI Software that may have previously trained on Data Sets containing their Works and Content. Changes will only affect the Data Sets used in future training of AI Software.
20.7 Users understand that their Works and Content will solely be used for AI training purposes. This does not restrict Atelier Online from using the AI, trained on these Data Sets, for commercial purposes. However, Atelier Online cannot directly monetize or commercially exploit the Users' Works and Content outside of this context. Furthermore, Atelier Online does not have the right to engage in conduct which infringes any copyright in any User's Works and Content.
20.8 Atelier Online is not responsible for whether the User sees any notification email. Users are responsible for setting their communication preferences and maintaining an active email address associated with their account.
20.9 Atelier Online will only need to meet the conditions as set out in 20.2 and 20.3 once to ascertain the User’s preference for the current and future use of their Works and Content. Any new Users that appear after the initial collection of content into data sets occurs will have the opportunity to choose their opt-in/opt-out options upon registration.

21. INTERNATIONAL USERS

21.1 While countries all around the world can access the Atelier Online Platform, this does not mean that the Atelier Online Platform is available in your country. Access to the Atelier Online Platform from territories where the Atelier Online Platform is illegal is prohibited.
21.2 The Atelier Online Platform is maintained and managed by Atelier Online from its office in Victoria, Australia. If you access the Atelier Online Platform from a location outside Victoria, Australia, you agree to comply with all local laws in the country of use.

22. INDEMNITY

22.1 You agree to defend, indemnify and hold us, our related entities, licensors and service providers, and each of our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each an Indemnified Party), harmless from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable lawyers' fees) incurred by any of the Indemnified Parties, arising out of or relating to your:

violation (or alleged violation) of these Terms;
use of the Atelier Online Platform;
use of any information obtained from the Atelier Online Platform;
violation (or alleged violation) of any applicable law or regulation; or
violation (or alleged violation) of the rights of any third party.

22.2 We reserve the right, at our own expense, to assume the exclusive defence and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.

23. COPYRIGHT AND TRADEMARK INFRINGEMENT

23.1 Atelier Online respects the intellectual property rights of others and takes intellectual property rights very seriously.
23.2 Atelier Online cannot speak on behalf of intellectual property owners, nor is Atelier Online in a position to offer legal advice or make legal determinations as to whether a person's content infringes someone else’s intellectual property rights.
23.3 Atelier Online may remove material cited for alleged intellectual property infringement when provided with a proper notice to the following email address contact@atelieronline.com. Atelier Online may reject notices that contain information we believe is false, fraudulent, incomplete, or otherwise submitted in bad faith.

24. Stories and Story Branches

24.1 Creators retain the intellectual property rights to their uploaded Content within a Story they created, provided it adheres to Clause 3.10.
24.2 Creators enabling Story Branches grant others permission to use their content, ideas, and world-building elements, including but not limited to story elements such as names, characters and power-systems, exclusively within the Atelier Online Platform, applicable only to the story allowing story branches.
24.3 Creators utilising the Story Branch functionality acknowledge that they do not own the intellectual property rights of the Original Story's Content, ideas, or world-building elements. Consequently, they cannot post or monetize these elements on other platforms or 3rd party sites without explicit written permission from the rights holder. Violation of this clause infringes upon the Original Creator’s intellectual property rights.
24.4 Creators enabling Story Branches on a Story accept that they relinquish control over the content produced in subsequent branches.
24.5 Creators acknowledge that disabling Story Branches does not confer the right to remove or control Story Branches, including subsequent generations of Story Branches, created during the period when story branching was enabled. This also includes the ability for more Story Branches to be created from those existing Story Branches.
24.6 Creators understand that actions such as deleting, removing, or modifying a Story do not grant them the right or ownership to remove or control any derivative Story Branches stemming from the original Story.
24.7 Creators agree not to use or monetize another Creator’s Story, Content, ideas, or world-building elements, unless creating a Story Branch of the Original Creator’s Story or its derivative Story Branches. Non-compliance may result in suspension or cancellation of a User’s account at Atelier Online's discretion.
24.8 Creators retain the intellectual property rights to their own Content uploaded to a Story Branch, provided it does not violate the Terms of Use outlined here, including but not limited to Clause 3.10.
24.9 Creators accept that agreeing to a Combine Story Proposal allows the proposal's recipient full rights to use, modify, and distribute the proposed Content without royalties or compensation, within and outside the Atelier Online Platform, including other platforms and 3rd party sites, without the proposer's expressed permission.
24.10 Atelier Online reserves the right to remove any Story or Content violating the Terms of Use outlined here, including but not limited to Clauses 3.3 and 3.10, at its sole discretion and without notice.
24.11 Atelier Online may restrict access to certain Content, Tags, or Stories containing particular characteristics, including adult themes, for unverified, underage users or others who may prefer not to view such content, at its sole discretion and without notice.
24.12 Creators acknowledge that Atelier Online may impose restrictions on Stories by size, quality, and/or quantity to maintain optimal performance of the Atelier Online site.

25. Tags

25.1 Users commit to abstain from creating Tags with explicit or adult-themed names. Although some stories may feature adult themes, such stories may be tagged using general or euphemistic terms. Explicit or adult-themed Tag names are strictly prohibited.
25.2 Users acknowledge that Atelier Online, at its sole discretion, determines whether a Tag name is explicit or contains adult themes.
25.3 Users affirm that any created Tag conforms to the Terms of Use outlined here, particularly, but not limited to, Clauses 3.3 and 3.10.
25.4 Atelier Online reserves the right, at its sole discretion, to remove any Tag created on the Atelier Online Platform without prior notice. Instances that may lead to Tag removal include, but are not limited to:

(a) Duplicate tags
(b) Misspelt or typographical errors
(c) Incoherent or nonsensical tags
(d) Violation of Terms of Use

25.5 Atelier Online, at its sole discretion, may terminate an Account that created or promoted a Tag violating the Terms of Use outlined here, including, but not limited to, Clauses 3.3 and 3.10.

26. Donations

26.1 Creators acknowledge that donations made to a Story will automatically incur a royalty deduction, with the amount then remitted to the Original Creators of the Story.
26.2 Creators understand that royalty payments to Original Creators are mandatory, regardless of whether the Story Branch contains any Content, ideas, or world-building elements from the Original Stories.
26.3 Creators accept that the royalty fee, set and displayed at the time of Story Branch creation, may be subject to change at the Original Creators' discretion.
26.4 Original Creators recognize that changes to the royalty fee may not be instantaneously applied to existing Story Branches. Moreover, the interval until changes are enforced may vary between Story Branches.
26.5 Original Creators agree that Atelier Online has sole discretion in determining the interval between a royalty fee change and its enforcement on an existing Story Branch. While Atelier Online may disclose this information to the Original Creator, it is not obliged to do so.
26.6 Creators are informed that royalties earned, distinct from direct Donations to their Story, may initially be placed in a holding account on the Atelier Online site before transfer to the Creators' Stripe account. The funds in the holding account will be transferred to the Creators' Stripe account upon reaching a predetermined monetary threshold. The said threshold may vary between currencies but will be made known to the Creator on their Account page.

APPENDIX A:

MODEL PROJECT CONTRACT

The terms used in this Project Contract have the meaning set out in the Atelier Online User Terms Glossary. Unless otherwise agreed, the Producer and the Animator enter into a Project Contract on the following terms:

1 COMMENCEMENT DATE AND TERM

1.1 The Project Contract is created when the Producer accepts the Animator's Work on a Project to provide Services.
1.2 The Project Contract will continue until terminated in accordance with Clause 7.

2 SERVICES

2.1 The Animator will perform Services in a proper and workmanlike manner.
2.2 The parties acknowledge that the Project Contract is one of personal service where the Producer selected the Works produced by an Animator to perform the Services requested.

3 WARRANTIES

3.1 Each party warrants that the information provided in the creation of the Project Contract is true and accurate.
3.2 The Animator warrants that they have (and any subcontractor has) the right to work and provide Services

4 PAYMENT OR CANCELLATION

4.1 Upon the acceptance of the Work, the Producer must pay the Agreed Price to the Animator.
4.2 Upon the Services being completed, the Animator will provide notice on the Atelier Online Platform.
4.3 The Producer will be prompted to confirm the Services are complete. If the Animator has completed the Works in accordance with clause 2, the Producer must use the Atelier Online Platform to finalise payment to the Animator.

5 LIMITATION OF LIABILITY

5.1 Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Project Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
5.2 Subject to any agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

6.1 If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
6.2 If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Atelier Online and act in accordance with clause 18 of the Atelier Online Agreement.

7 TERMINATION OF CONTRACT

The Project Contract will terminate when:

(a) the Services are completed and the Agreed Price is released from the Producer to the Animator;
(b) a party is terminated or suspended from the Atelier Online Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by Atelier Online in accordance with the party's Atelier Online Agreement.

8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

The Project Contract is governed by the laws of the jurisdiction where the Project was posted on the Atelier Online Platform.

Revised JUNE 2023

ATELIER ONLINE GLOSSARY

"Agreement" means the current version of the agreement between Atelier Online and a User.

"Agreed Price" means agreed price for Services (including any variation) paid into the Payment Account by the Producer but does not include any costs incurred by the Animator when completing Services which the Producer agrees to reimburse.

"Animator" means a User who provides Services to Producers.

"Animator Funds" means the Agreed Price less the Service Fee.

"Atelier Online Badge" means a badge that may be issued to a User based on the User meeting certain qualifications or other thresholds, including Verification Icons, as determined and set by Atelier Online.

"Atelier Online Platform" means the Atelier Online website at https://www.atelieronline.com, Atelier Online smartphone app, and any other affiliated platform that may be introduced from time to time.

"Atelier Online Service" means the service of providing the Atelier Online Platform.

"Atelier Credit" means the physical or virtual card, coupon, voucher or code containing credit or a discount or refund provided as credit or anything else identified or described as 'Atelier Credit' in this Agreement, for use on the Atelier Online Platform.

"Badge" means an Atelier Online Badge and Verification Icon.

"Business Day" means a day on which banks are open for general business in the jurisdiction where Users have their Atelier Online Platform account, other than a Saturday, Sunday or public holiday.

"Business Partner Contract" means a contract between a Business Partner and an Animator to perform Business Services.

"Business Partner" means a Related Body Corporate (as defined in the Corporations Act 2001 (Cth) of Atelier Online.

"Business Services" means Services provided by an Animator to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).

"Cancellation Admin Fee" means the Fee payable by a Producer or an Animator for cancelling a Project and will not exceed 30% of the Agreed Price.

“Combine Story” means to share Content from one story to another.

“Combine Story Proposal” means an offer made by one Creator (A) to another (B) to use their (A) content in the other’s (B) story.

"Consequential Loss" means any loss, damage or expense recoverable at law:

(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:

a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,

and any costs or expenses incurred in connection with the foregoing.

“Content” or “User Generated Content” means uploaded images/text to the site often related to but not limited to Stories.

"Country Specific Terms" means those terms set out in Appendix B.

“Creator” means a user who created a story or story branch.

"Fees" means all fees payable to Atelier Online by Users including the Service Fee.

"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Atelier Online Badges and Verification Icons.

"Marketing Material" means any updates, news and special offers in relation to Atelier Online or its Third Party Services.

"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.

“Origin Creator” means the User who owns the Origin Story.

“Original Creator” means the User who owns the Original Story.

“Original Creators” means the group of Creators that own the Original Stories.

"Payment Account" means the account operated by the Payment Provider.

"Payment Provider" means an entity appointed by Atelier Online that manages and operates the Payment Account including accepting payments from and making payments to Users.

"Personal Information" has the same meaning as defined under the Privacy Act 1988(Cth).

"Policies" means the policies posted by Atelier Online on the Atelier Online Platform, including but not limited to the Community Guidelines.

"Producer" means a User that uses the Atelier Online Platform to post Projects and receive Animation Services from Animators.

"Producer Service Fee" means the fee payable by the Producer to Atelier Online as consideration for the Atelier Online Services (and comprised as part of the Agreed Price) displayed to a Producer prior to entering into each Project Contract

"Project" means the Producer's post for Services published on the Platform), and includes the deadline for completion, price and description of the Services to be provided.

"Project Contract" means the separate contract which is formed between a Producer and an Animator for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Project Contracts.

"Reference" means a feature allowing a User to request other Users to post a reference on the Atelier Online Platform endorsing that User.

"Service Fee" means the Producer Service Fee and the Animator Service Fee.

"Services" means the services to be rendered as described in the Project, including any variations or amendments agreed before or subsequent to the creation of a Project Contract.

“Story” means a collection of uploaded Content for viewing by others for the primary purpose of entertainment.

"Origin Story" refers to the inaugural Story from which all other Story branches derive. By definition, an Origin Story cannot be a Story Branch.

"Original Story" denotes the immediate Story from which a subsequent Story has branched off.

"Original Stories" represents the chain of Stories extending from the Original Story up to, and inclusive of, the Origin Story. For instance, in a sequence where Story (A) branches into Story (B), which in turn branches into Story (C), which finally branches into Story (D); the "Original Stories" for Story (D) would include Story (A), Story (B), and Story (C).

“Story Branch” means an alternate version of a Story that may or may not use Content from the original Story. A story branch can also be referred to as a Story.

“Tag” means a generalised description that can be attached/associated with many stories. It is most commonly used to describe the genre of a story.

"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.

"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Atelier Online Platform from time to time.

"User" or "You" means the person who has signed up to use the Atelier Online Platform, whether as the Producer, Animator, or otherwise.

"Verification Documentation" means:

for Producers: company numbers, authentication of company name and company certificates of registration; and
for Animators: identity documentation, awards and qualifications.

"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Atelier Online Platform to confirm details such as a User's qualification, licence, certificate or other skill.

“Viewer” means a user who views story content.

“Works” means Animation or Animations submitted and uploaded by an Animator to a Project.