Artworld v.1 Terms of Service
Last updated: March 22, 2021
1. Artworld v.1 Disclaimer
THE SERVICE IS BELIEVED LIKELY TO CONTAIN AS-YET UNDISCOVERED BUGS AND DEFECTS, THAT COULD RESULT IN A CRASH. THE SERVICE SUGGESTS FOR USERS TO PROVIDE FEEDBACK ON THE PERFORMANCE OF THE SERVICE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, TO USE CAUTION AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE SERVICE AND/OR ACCOMPANYING MATERIALS. YOU ACKNOWLEDGE AND AGREE THAT YOU ACCEPT ALL RISKS FOR ACCESSING AND USING THE SERVICE, AND THAT THE SERVICE IS BEING PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT ANY WARRANTY OR ASSURANCE WHATSOEVER CONCERNING ITS RELIABILITY, STABILITY OR PERFORMANCE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IF YOU ARE UNWILLING TO ACCEPT THE RISKS ASSOCIATED WITH USING THE SERVICE, THEN YOU SHOULD NOT USE THE SERVICE AT THIS EARLY STAGE OF DEVELOPMENT.
2. Rights to Use the Service
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You are not allowed to copy, or modify the app, any part of the app, or any Artworld trademarks. You are not permitted to attempt to extract the source code of the app, translate the app into other languages, or make derivative versions. The app itself, and all the trademarks, copyright, database rights and other intellectual property rights related to it, belong to Artworld.
Artworld is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
Artworld app stores and processes personal data that you have provided to us, in order to provide our Service. It is your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that Artworld will not work properly.
Subject to these Terms, Artworld hereby grants you a nontransferable, nonexclusive license right to access and use the Service. Except for this license, Artworld retains all rights, title and interests in the Service. This license is subject to the following additional specific conditions:
(i)this license enables you to install and use the Service on one or more computing devices solely for the purpose of providing evaluation testing of the Service with third-party services and software we identify as being compatible with the Service;
(ii)This license, and your rights to access and use the Service, including all Service software provided to you, ends upon the termination of this Agreement;
(iii)the Service is for your personal use only and you shall not sell, lease, transfer or otherwise make the Service available to third parties. We would appreciate you directing any person interested in evaluating the Service to contact us directly at: email@example.com
You are prohibited from making any copy of the Service software, or record any images of the Service being used. You agree not to cause or permit the disassembly, reverse compilation or reverse engineering of the Service software, except as otherwise permitted by law notwithstanding this prohibition.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you upload and use in the Service, including its legality, reliability, and appropriateness. It is also solely at your election to contribute Content.
By posting Content on or through the Service, you represent and warrant that:
(i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms;
(ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity;
(iii) you consent to the sharing of this content with the users of the app. We reserve the right to terminate the account of anyone we believe to be acting in a manner that conflicts with this warranty.
Except for the license right you grant to us in these Terms, you retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you post on or through the Service.
By uploading Content into the Service, and as necessary for us to provide the Services, you grant us a worldwide, non-exclusive, royalty-free, irrevocable, worldwide, perpetual license and sub-license, which we may use for promotional and outreach purposes. The rights you grant in this license are for the limited purpose of improving the operation and reach of our Services.
You may share Content found on or through the Service for non-commercial purposes, whether in part or in whole, without express advance written permission from us.
4. Behavior and Acceptable Use
Artworld aims to foster a diverse, inclusive, and equitable community of users. We require that your use of the Service, including any Content created for or by using the Service (regardless of how it is used and shared thereafter) adheres to our behavior and acceptable use policies, set forth below, which may be updated from time to time to reflect changes in the Service, applicable laws and/or the desires of the community, or as otherwise determined appropriate by us, in our discretion:
(i) Do not violate laws or regulations applicable to you or the use of the Service. You, and not Artworld , are responsible for complying with any laws or regulations applicable to the Content you access, create or share while using the Service;
(ii) Do not use any third-party services in connection with the Service in violation of any third-party policies or requirements, or in some other manner that violates laws or regulations protecting any other person;
(iii) Do not upload, post or otherwise transmit any Content that you don’t have a right to transmit under any law or under contractual or fiduciary relationships (e.g., inside information, confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or protected health information or other personally identifiable information);
(iv) Do not upload, post or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(v) Do not use the Service to promote harm to any person, group of people or animals, or any governmental or legal entity; or stalk or harass anyone;
(vi) Do not upload, promote or distribute software viruses or any other kind of computer code, files or programs that attempt to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(vii) Do not interfere with our servers or third-party services utilized with the Service, or with the services and networks of the service providers we use to help deliver the Service;
(viii) Do not access or attempt to access the Service by any means other than through the software we provide;
(ix) Do not use the Service in a manner that could lead to the interruption of access to the Service for others;
(x) Do not upload, publish or display Content that may be deemed explicit or offensive, or that may be threatening, abusive, harassing, defamatory, libelous, obscene, invasive, hateful or racially, ethnically or otherwise objectionable. We reserve the right to make a determination as to whether your Content is acceptable, or not, in our sole discretion.
Please understand that these policies are intended to promote a beneficial experience for all users of the Service, but we cannot and do not monitor the use of the Service by others at all times, so you may be exposed to offensive, indecent or objectionable behavior by other users when using the Service. We expect that you understand this and, accordingly, you agree that your use of the Service is at your own risk.
If you do encounter any behavior that conflicts with these policies, or any other objectionable content, you may contact us at: firstname.lastname@example.org
5. Copyright Infringement
If you believe that any user content or other material found in the Service violates your copyright rights, please see Canada’s Copyright Policy for instructions on sending us a notice of copyright infringement.
You may only create an account with us to use the Service if you are above the age of 18, and the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account to use the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use the email address of another person or entity that is not lawfully available for your use, or otherwise attempt to give the impression of being a person or organization who you are not, without appropriate authorization.
We reserve the right to refuse service, terminate your account, remove or edit Content, or cancel orders at our sole discretion.
7. Intellectual Property
The Service, Service software, its original content provided by us (excluding your Content), features and functionality are and will remain the exclusive property of Artworld. The Service is protected by copyright, trademark, and other laws of both Canada and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
The Service constitutes Artworld’s confidential and proprietary information. You agree not to disclose any information relating to the Service you obtain while evaluating this beta version of the Service (including, without limitation, any design and performance capabilities, the results of any performance/benchmark tests, and any authorization codes or license keys) to third parties without our prior express written permission. This obligation of nondisclosure shall continue for two years after the termination of these Terms.
You agree that part of our objective in sharing the Service with you is to obtain your feedback regarding what you like, what you don’t like, what works well, and what problems you encounter with the Service (collectively, “Feedback”). You agree to provide Feedback to us in order to continue to use the Service, through whatever medium reasonably requested by us, including via email or through other communications media we designate from time to time. You also agree to receive communications from us related to your use of the Service as well as occasional messages informing you of changes and updates to the Service, soliciting your Feedback, and any other information we deem necessary for participation in the beta program. We shall be free to use for any purpose any ideas, concepts, know-how or techniques resulting from our access to or work with any Feedback provided in connection with your use of the Service.
10. Support and Updates
While we expect to provide updates to the Service, and guidance on how to improve the Service, we shall not have any obligation to provide specific support to you with respect to the use or modifications of the Service.
11. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Artworld. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Artworld shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms of service and privacy policies of any third party web sites or services that you visit or use with the Service.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account and have your account and all corresponding Content permanently deleted, you may contact us at: email@example.com
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Artworld, its licensees and licensors, and its respective owners, employees, contractors, agents, officers and directors, and its respective successors and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of:
(i) your use and access of the Service, by you or any person using your account and password;
(ii) your breach of these Terms;
(iii) Content uploaded into the Service.
14. Limitation Of Liability
IN RECOGNITION OF THE EXPERIMENTAL NATURE OF THE SERVICE, YOU ARE ADVISED NOT TO RELY ON THE FEATURES OR PERFORMANCE OF THE SERVICE FOR ANY REASON. YOU ACKNOWLEDGE AND AGREE THAT NONE OF ARTWORLD SOFTWARE, ITS AFFILIATES AND ITS AND THEIR RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR CONTRACTORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, SHALL BE HELD LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, PROPERTY, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. THIS LIMITATION OF LIABILITY IS A FUNDAMENTAL PART OF THE CONSIDERATION TO ALLOW YOU TO USE THE SERVICE, AND SURVIVES THE TERMINATION OF THIS AGREEMENT.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
16. Governing Law
These Terms shall be governed and construed in accordance with the laws of British Columbia, Canada, without regard to its conflict of law provisions. We shall, however, have the right to seek relief in any court of competent jurisdiction in order to protect our proprietary rights in the Service.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms constitute the complete agreement between you and Artworld and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter herein. These Terms may not be modified or amended except in a writing signed by a duly authorized representative of Artworld and you specifically referencing these Terms. These Terms are binding upon you, your successors, heirs and representatives, but you may not assign or transfer your rights or obligations under these Terms to any other person, and any such attempt to assign is null and void.
19. Contact Us
If you have any questions about these Terms, please contact us at: firstname.lastname@example.org