V1.0 12.12.25

SECTION 1 — ACCEPTANCE OF THESE TERMS

THESE WEBSITE TERMS OF USE ("TERMS") CONSTITUTE A LEGAL AGREEMENT BETWEEN YOU AND MARBLE LABS INC., AN IDAHO CORPORATION, OPERATING THE ART X MACHINE BRAND ("ART X MACHINE," "AXM," "WE," "US," OR "OUR"). THESE TERMS GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE LOCATED AT https://www.artxmachine.com, INCLUDING ANY RELATED PAGES, SUBDOMAINS, CONTENT, MEDIA, OR DIGITAL FEATURES (COLLECTIVELY, THE "WEBSITE").

BY ACCESSING, BROWSING, OR USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.

YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ART X MACHINE PRIVACY POLICY AND COOKIE POLICY, EACH OF WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE. IF YOU DO NOT AGREE TO THOSE POLICIES, YOU MUST DISCONTINUE USE OF THE WEBSITE.

SECTION 2 — ABOUT ART X MACHINE AND THE WEBSITE

2.1 Brand Purpose and Nature of the Website

Art X Machine is a U.S.-based brand operated by Marble Labs Inc. that explores automotive culture, mechanical craft, design philosophy, and the human relationship with machines. The Website functions as an editorial, cultural, and informational platform intended to present written content, visual media, conceptual ideas, and brand narratives associated with the Art X Machine ethos.

The Website is provided for informational and expressive purposes only. Nothing on the Website constitutes an offer to sell, license, distribute, or provide products, software, memberships, subscriptions, events, merchandise, or services of any kind. The Website does not process payments, activate accounts, issue licenses, or facilitate commercial transactions.

Any future products, services, experiences, or commercial offerings associated with Art X Machine, if any, will be governed exclusively by separate written terms, agreements, or policies and will not be governed by these Terms unless expressly stated.

2.2 U.S.-Based Audience and Geographic Scope

Art X Machine is operated from the United States and is intended primarily for audiences located within the United States. The Website is designed to reflect U.S.-based cultural context, automotive history, design sensibilities, and editorial perspectives.

Art X Machine does not market, sell, or intentionally offer goods or services to individuals or entities located outside the United States, and does not purposefully target foreign jurisdictions. Any access to the Website from outside the United States is incidental and voluntary and does not constitute an offer, solicitation, or engagement in any foreign market.

The availability of the Website outside the United States does not subject Art X Machine or Marble Labs Inc. to the laws, regulations, or jurisdictional requirements of any foreign country, including without limitation the General Data Protection Regulation (GDPR), the UK GDPR, the ePrivacy Directive, or similar international frameworks, except where expressly stated in writing.

SECTION 3 — ELIGIBILITY, ACCESS, AND ENFORCEMENT

3.1 Eligibility Requirements

You may access and use the Website only if you are at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, whichever is greater. By accessing or using the Website, you represent and warrant that you have the legal capacity to enter into these Terms and that your use of the Website is lawful in all respects.

The Website is not directed to children under the age of thirteen (13), and Art X Machine does not knowingly solicit, collect, or process personal information from children. If you do not meet the eligibility requirements set forth in this Section, you must not access or use the Website.

3.2 Lawful Use and Compliance With Applicable Law

You agree to access and use the Website solely for lawful, non-commercial, informational, and expressive purposes. You may not use the Website in any manner that violates applicable laws, regulations, or legal obligations, or that would subject Art X Machine or Marble Labs Inc. to legal, regulatory, or compliance risk.

You are solely responsible for ensuring that your access to and use of the Website complies with all laws applicable to you, including those relating to intellectual property, data protection, computer misuse, unfair competition, defamation, and permissible online conduct.

3.3 Prohibited Conduct and Abuse of the Website

You agree not to engage in any conduct that interferes with, disrupts, degrades, or compromises the integrity, security, or proper functioning of the Website or its supporting infrastructure. Prohibited conduct includes, without limitation, attempting to gain unauthorized access to any system or network; probing, scanning, or testing vulnerabilities; introducing malicious code; bypassing technical safeguards; or engaging in deceptive, abusive, or manipulative behavior.

You may not use automated tools, scripts, bots, crawlers, scrapers, AI agents, or similar technologies to access, monitor, extract, or interact with the Website or Website Content without express written authorization. Any attempt to collect data, content, or signals from the Website through automated means is strictly prohibited.

3.4 Monitoring, Security Measures, and Enforcement

Art X Machine reserves the right, but does not assume the obligation, to monitor access to and use of the Website for purposes of security, operational integrity, abuse prevention, and compliance with these Terms. Such monitoring may include traffic analysis, rate limiting, logging, filtering, and the use of automated detection mechanisms.

Art X Machine may take any action it deems appropriate in response to actual or suspected violations of these Terms, including without limitation blocking IP addresses, restricting access by region, disabling features, removing content, or referring matters to law enforcement or other authorities.

3.5 Suspension, Restriction, or Termination of Access

Art X Machine reserves the right, in its sole discretion and without prior notice or liability, to restrict, suspend, or terminate your access to the Website, in whole or in part, at any time and for any reason. This includes, without limitation, situations where Art X Machine believes that your access or use of the Website is unauthorized, abusive, automated, misleading, competitive, or otherwise inconsistent with the purpose and integrity of the Website.

No failure or delay by Art X Machine in exercising any right or remedy under these Terms shall constitute a waiver of such right or remedy.

SECTION 4 — WEBSITE CONTENT AND INTELLECTUAL PROPERTY

4.1 Ownership of Website Content

All content made available on or through the Website—including without limitation text, essays, articles, photographs, images, illustrations, graphics, logos, symbols, typography, visual layouts, design elements, videos, audio, animations, conceptual descriptions, brand narratives, editorial materials, and the overall look, feel, selection, coordination, and expression of such content (collectively, the “Website Content”)—is owned by or licensed to Marble Labs Inc., an Idaho corporation, and is protected by United States and international laws governing copyright, trademark, trade dress, trade secret, and other intellectual property rights.

Nothing in these Terms grants you any ownership interest in, or proprietary rights to, any Website Content. All rights not expressly granted are reserved by Marble Labs Inc. and Art X Machine.

4.2 Limited Permission to Access and View

Subject to your compliance with these Terms, Art X Machine grants you a limited, revocable, non-exclusive, non-transferable permission to access and view Website Content solely for your personal, non-commercial, informational purposes through a standard web browser. This limited permission does not include any right to download, reproduce, modify, distribute, publicly display, publish, transmit, store, archive, or create derivative works from Website Content.

Any use of Website Content beyond passive viewing requires the prior express written consent of Art X Machine or Marble Labs Inc.

4.3 Prohibited Uses and Derivative Works

You may not copy, reproduce, republish, redistribute, modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on any Website Content, whether in whole or in part, without prior written authorization. You may not use Website Content in any manner that suggests endorsement, affiliation, sponsorship, or partnership with Art X Machine or Marble Labs Inc., or that misrepresents the origin or ownership of the content.

You further agree not to use Website Content for competitive analysis, benchmarking, reverse engineering, or the development of competing products, platforms, publications, experiences, or technologies.

4.4 Prohibition on Automated Extraction, Scraping, and AI Training

Website Content may not be accessed, extracted, collected, indexed, archived, scraped, harvested, or otherwise processed using automated tools, scripts, crawlers, bots, AI agents, machine-learning systems, large language models, or similar technologies without the prior express written consent of Art X Machine.

You may not use Website Content to train, fine-tune, validate, prompt, or otherwise support artificial intelligence, machine-learning, generative, or predictive systems for any purpose, whether commercial, academic, research, or experimental. Any such unauthorized use constitutes a material breach of these Terms.

4.5 Trademarks, Branding, and Identity

“Art X Machine,” “AXM,” and all associated names, logos, marks, slogans, visual identifiers, trade dress, and branding elements appearing on the Website are trademarks or service marks owned by or licensed to Marble Labs Inc. Nothing in these Terms grants you any license or right to use such marks.

You may not use, reproduce, imitate, display, or distribute any Art X Machine or Marble Labs branding in a manner that causes confusion, implies endorsement, or dilutes the distinctiveness of the brand.

4.6 Editorial, Conceptual, and Expressive Content

The Website may include editorial, conceptual, philosophical, or expressive content relating to automotive culture, design, engineering, or the relationship between humans and machines. Such content is provided for expressive and informational purposes only and does not constitute technical specifications, professional advice, or disclosures of confidential or proprietary systems.

You acknowledge that Art X Machine retains all rights in and to its creative expressions, conceptual frameworks, and brand narratives, whether or not such content is explicitly identified as proprietary.

4.7 Enforcement and Remedies

Art X Machine reserves the right to protect its intellectual property to the fullest extent permitted by law. Unauthorized use of Website Content may result in civil or criminal liability. Art X Machine may pursue injunctive relief, damages, takedown requests, or other remedies as necessary to protect its rights and the integrity of the Website.

SECTION 5 — USER CONDUCT AND SUBMISSIONS

5.1 Standards of Conduct

You agree to interact with the Website in a lawful, respectful, and good-faith manner. You may not use the Website in any way that is misleading, deceptive, abusive, defamatory, infringing, harassing, or otherwise inconsistent with the purpose, integrity, or reputation of Art X Machine or Marble Labs Inc.

You may not attempt to manipulate, interfere with, test, probe, or exploit the Website, its analytics, consent mechanisms, infrastructure, or supporting systems. Any attempt to misuse Website functionality, submission mechanisms, or interactive features constitutes a violation of these Terms.

5.2 Voluntary Submissions; No Obligation to Review

The Website may allow you to submit inquiries, messages, or other communications on a voluntary basis. All submissions are made at your sole discretion. Art X Machine is under no obligation to review, respond to, acknowledge, or retain any submission, and makes no representations regarding response times or outcomes.

Submission of information through the Website does not create any obligation, commitment, or duty on the part of Art X Machine or Marble Labs Inc., including any obligation to evaluate proposals, ideas, concepts, or inquiries.

5.3 No Confidential or Proprietary Submissions

Except where expressly agreed in a separate written agreement executed by an authorized representative of Marble Labs Inc., all submissions made through the Website are deemed non-confidential and non-proprietary. You agree not to submit any confidential, proprietary, trade-secret, or sensitive information through the Website.

Art X Machine and Marble Labs Inc. shall have no obligation to treat any submission as confidential, and shall have no liability arising from the use, disclosure, or non-use of any submission.

5.4 License to Use Submissions

To the maximum extent permitted by applicable law, you grant Art X Machine and Marble Labs Inc. a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and otherwise exploit any ideas, feedback, suggestions, concepts, or other materials you voluntarily submit through the Website for any lawful purpose.

Such purposes may include, without limitation, internal evaluation, editorial consideration, creative development, research, documentation, planning, or future brand, product, or experience development. You acknowledge that no compensation, credit, or attribution is owed unless expressly agreed in writing.

5.5 No Employment, Partnership, or Agency Relationship

Submission of information through the Website does not create any employment, contractor, partnership, joint venture, agency, fiduciary, or other special relationship between you and Art X Machine or Marble Labs Inc. You have no authority to bind Art X Machine or Marble Labs Inc. in any manner.

Any potential collaboration, engagement, or relationship must be governed by a separate written agreement executed by an authorized representative of Marble Labs Inc.

5.6 Accuracy, Authorization, and Third-Party Rights

You represent and warrant that any information or materials you submit through the Website are accurate, lawful, and submitted in good faith, and that you have all necessary rights, permissions, and authority to submit such materials. You agree not to submit content that infringes the intellectual property, privacy, or other legal rights of any third party.

You further agree not to impersonate any individual or entity, misrepresent your identity or affiliation, or submit information on behalf of another person without proper authorization.

5.7 Automated Submissions and Abuse

Any attempt to submit information through automated means, including bots, scripts, scraping tools, AI agents, or mass-submission frameworks, is strictly prohibited. Art X Machine reserves the right to block, discard, or disregard any submission that appears automated, abusive, fraudulent, or inconsistent with these Terms.

SECTION 6 — THIRD-PARTY SERVICES, LINKS, AND INTEGRATIONS

6.1 Third-Party Websites and Services

The Website may contain links to, references to, or integrations with third-party websites, platforms, tools, services, content, or resources that are not owned, operated, or controlled by Art X Machine or Marble Labs Inc. (collectively, “Third-Party Services”). Such Third-Party Services are provided solely for convenience, reference, or informational purposes.

Art X Machine does not control, endorse, monitor, or assume responsibility for any Third-Party Service, including its content, accuracy, availability, security, data-handling practices, privacy policies, terms of use, advertising, products, or services. Your access to or use of any Third-Party Service is entirely at your own risk and subject exclusively to the applicable third party’s terms and policies.

6.2 No Endorsement or Affiliation

References to Third-Party Services, including logos, trademarks, brand names, or links, do not constitute and shall not be construed as an endorsement, sponsorship, approval, partnership, or affiliation between Art X Machine and any third party. Art X Machine makes no representations regarding the suitability, reliability, or quality of any Third-Party Service.

You agree not to imply any endorsement, relationship, or association between Art X Machine and any third party based solely on the presence of a link, reference, or integration on the Website.

6.3 Hosting, Infrastructure, and Operational Providers

The Website is supported by third-party infrastructure and service providers to enable hosting, performance optimization, security, analytics, and consent management. Such providers may include, without limitation, Framer (website hosting and content management), Cloudflare (content delivery, security, and traffic management), and CookieYes (cookie consent and transparency tools).

These providers may process technical or usage data as necessary to perform their services in accordance with their own privacy policies and contractual obligations. Art X Machine does not control the internal operations of such providers and is not responsible for outages, disruptions, data loss, security incidents, or performance issues attributable to Third-Party Services.

6.4 Embedded Content and External Platforms

The Website may include embedded content from Third-Party Services, such as videos, media players, social-media features, or other externally hosted materials. When you interact with embedded content, the third-party provider may collect information about your interaction in accordance with its own policies.

Art X Machine does not control and is not responsible for the data-collection practices, content, availability, or security of embedded Third-Party Services. Interaction with embedded content is at your own risk.

6.5 Consent-Management and Compliance Tools

The Website may utilize third-party consent-management tools, such as CookieYes, to provide transparency regarding cookies and similar technologies and to allow users to manage certain cookie preferences where applicable. The presence or operation of such tools does not constitute an offer of services in any particular jurisdiction, nor does it expand Art X Machine’s legal obligations beyond those described in these Terms, the Art X Machine Privacy Policy, and applicable United States law.

Cookie preferences, consent records, and related functionality provided through consent-management tools are governed by the technical design and policies of the applicable provider. Art X Machine is not responsible for the availability, accuracy, or operation of such tools beyond their integration into the Website.

6.6 No Liability for Third-Party Services

To the fullest extent permitted by applicable law, Art X Machine and Marble Labs Inc. disclaim all liability arising out of or relating to your access to or use of any Third-Party Service, including any reliance on information provided by such services, any transactions or communications conducted through them, or any technical, security, or privacy issues associated with their operation.

SECTION 7 — DISCLAIMER OF WARRANTIES

7.1 Website Provided “As Is” and “As Available”

THE WEBSITE AND ALL WEBSITE CONTENT, MATERIALS, INFORMATION, TEXT, IMAGES, GRAPHICS, VIDEOS, AUDIO, EMBEDDED CONTENT, LINKS, AND OTHER FEATURES OR FUNCTIONALITY MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE WEBSITE (COLLECTIVELY, THE “WEBSITE MATERIALS”) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ART X MACHINE AND MARBLE LABS INC. DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, AVAILABILITY, OR QUIET ENJOYMENT.

7.2 No Warranty as to Accuracy, Completeness, or Currency

The Website may include editorial commentary, conceptual descriptions, opinions, artistic expression, forward-looking statements, historical references, or illustrative materials that are subject to change without notice. Art X Machine does not warrant or represent that any Website Materials are accurate, complete, current, reliable, or suitable for any particular purpose.

You acknowledge that any reliance on Website Materials is at your own risk. Nothing on the Website constitutes professional, technical, engineering, mechanical, financial, legal, or other advice.

7.3 No Warranty of Availability, Security, or Error-Free Operation

Art X Machine does not warrant that the Website will be uninterrupted, timely, secure, error-free, or free from defects, viruses, malware, harmful code, or other technical issues. The Website may experience delays, outages, interruptions, maintenance periods, data loss, cyberattacks, or other disruptions beyond the control of Art X Machine or Marble Labs Inc.

Art X Machine disclaims any warranty that defects or errors will be corrected, that access will be continuous, or that the Website will remain available for any particular duration.

7.4 No Warranties Regarding Third-Party Services or Content

The Website may rely on, link to, or integrate with Third-Party Services, including hosting providers, analytics platforms, consent-management tools, content-delivery networks, and embedded media services. Art X Machine makes no warranties regarding the performance, availability, accuracy, security, or reliability of any Third-Party Service and expressly disclaims responsibility for the acts or omissions of such third parties.

Any Third-Party Services are provided “as is” and are accessed at your own risk.

7.5 Jurisdictional Limitations on Disclaimers

Some jurisdictions do not allow the exclusion of certain warranties. To the extent any implied warranty cannot be disclaimed under applicable law, such warranty shall be limited in duration and scope to the minimum extent permitted by law. In all cases, the disclaimers in this Section apply to the fullest extent permitted by applicable law.

7.6 No Expansion of Obligations

Nothing in this Section or elsewhere in these Terms shall be construed as creating any warranty, obligation, or commitment relating to any product, service, experience, or offering that may be associated with Art X Machine in the future. Any such offerings, if any, are governed exclusively by their own separate terms and agreements.

SECTION 8 — LIMITATION OF LIABILITY

8.1 Exclusion of Certain Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ART X MACHINE, MARBLE LABS INC., OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY WEBSITE MATERIALS.

THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST REVENUE, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF OPPORTUNITY, PROCUREMENT OF SUBSTITUTE SERVICES, SECURITY BREACHES, SYSTEM FAILURES, OR ANY OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2 Scope of Limitation

The limitations set forth in this Section apply to all theories of liability, whether based in contract, tort (including negligence), strict liability, warranty, statute, or any other legal theory, and regardless of whether any limited remedy fails of its essential purpose.

Art X Machine and Marble Labs Inc. shall not be liable for any damages arising from errors or omissions in Website Materials; delays, interruptions, or failures in Website operation; unauthorized access to or alteration of data; loss or corruption of data; malicious code transmitted through the Website or Third-Party Services; or the acts or omissions of any third party.

8.3 Aggregate Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF ART X MACHINE AND MARBLE LABS INC. FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE WEBSITE OR THESE TERMS SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS (USD $100), OR THE MINIMUM AMOUNT REQUIRED BY APPLICABLE LAW, WHICHEVER IS GREATER.

This limitation applies cumulatively to all claims, whether arising from a single incident or multiple incidents, and regardless of the form of action.

8.4 Third-Party Services

Art X Machine and Marble Labs Inc. shall have no liability for any loss, damage, or harm arising from your access to or use of any Third-Party Service linked to, embedded in, or integrated with the Website. Any dealings you have with Third-Party Services are solely between you and the applicable third party.

8.5 Allocation of Risk

You acknowledge and agree that the limitations of liability set forth in these Terms reflect a reasonable allocation of risk between you and Art X Machine and that these limitations are an essential basis of the bargain governing your use of the Website. You further acknowledge that Art X Machine would not provide access to the Website without these limitations.

8.6 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of certain damages. To the extent such limitations are not permitted under applicable law, liability shall be limited to the fullest extent permitted by law.

SECTION 9 — INDEMNIFICATION

9.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless Art X Machine, Marble Labs Inc., and their respective officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:

(a) your access to or use of the Website; (b) your violation of these Terms or any applicable law or regulation; (c) your infringement, misappropriation, or violation of any intellectual property, privacy, publicity, or other rights of any third party; (d) any information, materials, or submissions you provide through the Website; (e) your misuse of Website Content, including unauthorized copying, scraping, automated access, AI training, or derivative use; or (f) your interaction with any Third-Party Service accessed through or in connection with the Website.

9.2 Defense and Control of Claims

Art X Machine reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate fully with Art X Machine in asserting any available defenses.

You may not settle any indemnified claim without the prior written consent of Art X Machine if such settlement imposes any obligation, liability, or admission on Art X Machine or Marble Labs Inc.

9.3 Survival

Your indemnification obligations under this Section shall survive termination of these Terms and your cessation of use of the Website.

SECTION 10 — COPYRIGHT AND INTELLECTUAL PROPERTY COMPLAINTS (DMCA NOTICE)

10.1 Copyright Infringement Claims

Art X Machine respects the intellectual property rights of others and expects users of the Website to do the same. It is Art X Machine’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”), 17 U.S.C. § 512.

If you believe that any content made available on or through the Website infringes a copyright that you own or control, you may submit a written notification of claimed infringement to Art X Machine’s designated copyright agent as set forth below.

10.2 DMCA Notice Requirements

To be effective, a DMCA notice must include the following information:

(a) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit Art X Machine to locate the material; (d) contact information for the complaining party, including name, address, telephone number, and email address; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the copyright owner.

10.3 Counter-Notification

If you believe that material you submitted to the Website was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification in accordance with the DMCA. Any counter-notification must include the information required by 17 U.S.C. § 512(g) and must be submitted to the designated copyright agent listed below.

Upon receipt of a valid counter-notification, Art X Machine may restore the removed material unless the original complaining party files an action seeking a court order against the content provider.

10.4 Repeat Infringers

In appropriate circumstances, Art X Machine may terminate or restrict access to the Website for users who are determined to be repeat infringers of intellectual property rights.

10.5 Designated Copyright Agent

DMCA notices and counter-notifications should be sent to:

Art X Machine c/o Marble Labs Inc. Attn: Copyright Agent Email: legal@marble-labs.com

SECTION 11 — GOVERNING LAW, JURISDICTION, AND VENUE

11.1 Governing Law

These Terms, and any dispute, claim, or controversy arising out of or relating to the Website, the Website Materials, or these Terms, shall be governed by and construed in accordance with the laws of the State of Idaho and the federal laws of the United States of America, without regard to any conflict-of-laws principles that would result in the application of the laws of another jurisdiction.

11.2 Exclusive Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to the Website or these Terms shall be brought exclusively in the state or federal courts located within Ada County, Idaho. You hereby irrevocably submit to the personal jurisdiction of such courts and waive any objection based on lack of personal jurisdiction, improper venue, or inconvenient forum.

11.3 Waiver of Foreign Jurisdiction Claims

To the fullest extent permitted by applicable law, you waive any right to assert claims under the laws or jurisdiction of any country or forum other than the United States and the State of Idaho in connection with your access to or use of the Website. This waiver applies regardless of your physical location at the time of access.

11.4 Injunctive and Equitable Relief

You acknowledge that a breach of these Terms, including unauthorized use of Website Content or violation of intellectual property rights, may cause irreparable harm to Art X Machine or Marble Labs Inc. for which monetary damages may be inadequate. Accordingly, Art X Machine and Marble Labs Inc. shall be entitled to seek injunctive or equitable relief, in addition to any other remedies available at law, without the requirement of posting a bond.

11.5 No Class Actions or Representative Claims

To the fullest extent permitted by applicable law, you agree that any dispute arising out of or relating to the Website or these Terms shall be brought solely on an individual basis and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action.

11.6 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.

11.7 Waiver

The failure of Art X Machine or Marble Labs Inc. to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

11.8 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of Art X Machine. Art X Machine and Marble Labs Inc. may freely assign or transfer these Terms without restriction.

11.9 Headings

Section headings are provided for convenience only and shall not affect the interpretation of these Terms.

11.10 Entire Agreement

These Terms, together with the Art X Machine Privacy Policy and Cookie Policy, constitute the entire agreement between you and Art X Machine regarding your use of the Website and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to the subject matter herein.

11.11 Survival

Sections relating to intellectual property, disclaimers, limitation of liability, indemnification, governing law, jurisdiction, and any provisions which by their nature should survive termination shall survive any termination of these Terms or your cessation of use of the Website.

SECTION 12 — CONTACT INFORMATION

Questions regarding these Terms may be directed to:

Art X Machine
c/o Marble Labs Inc.
Email: legal@marble-labs.com
Website: https://www.artxmachine.com

Communications with Art X Machine, including through contact forms or email, do not create any attorney-client, fiduciary, advisory, or other special relationship. Art X Machine has no obligation to respond to any communication unless expressly required by applicable law.