Terms of Use
Effective date:
These Terms of Use (the “Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an legal entity (“you”) and Digitised.Art (“Digitised.Art”, “we”, “our” or “us”) regarding your access to and use of the website located at digitised.art (the “Website”). By accessing or using the Website you agree to be bound by the Terms. If you disagree with all of the Terms or any part of the Terms then you are expressly prohibited from using the Website and you must discontinue use immediately.
The Website is intended for users who are at least 18 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Website. If you are a minor, you must have your parent or guardian read and agree to the Terms prior to you using the Website.
The Terms may be translated in different languages. In case of discrepancy between the texts in English and any other languages, the text of the Terms in English language shall prevail.
1. CHANGES TO THE TERMS
We reserve the right, in our sole discretion, to make any changes or modifications to the Terms at any time and for any reason. We will alert you about any changes by updating the “Effective Date” of the Terms, and you waive any right to receive specific notice of each such change. Please check this page from time to time to take notice of any changes we made. By continuing to access or use the Website after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, in whole or in part, please stop using the Website.
2. INTELLECTUAL PROPERTY RIGHTS
Except of the Third-Party Content, the visual interfaces, graphics, audio, video, text, articles, photographs, design, compilation, information, data, computer code (including source code or object code), products, software, or other elements of the Website (the “Materials”), and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by intellectual property and other laws.
The Materials and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in the Terms, no part of the Website and no Materials or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website: (1) you are granted a limited license to access and use the Website solely for your personal, non-commercial use; (2) you are granted a limited license to display, copy and download the Materials and the Marks from the Website solely for your personal and non-commercial use provided that: (i) you do not remove any copyright or proprietary notice from the Materials and the Marks; (ii) the Materials and the Marks will not be copied or posted on any networked computer or published in any medium; and (iii) no modifications are made to the Materials and the Marks.
We reserve all rights not expressly granted to you in and to the Website, the Materials and the Marks. The content provided on the Website, including but not limited to images of artworks and logos, may be subject to intellectual property rights held by third parties (the “Third-Party Content“). The Third-Party Content, that are available through the Website, are the property of their respective owners and may not be copied, imitated, used, or otherwise, in whole or in part, without the permission of the applicable intellectual property rights holder. We utilize the Third-Party Content on a legitimate legal basis, which may include licenses, permissions, fair use principles, or other lawful means. While we make reasonable efforts to ensure compliance with applicable intellectual property laws and obtain necessary permissions for the use of the Third-Party Content, we cannot guarantee the accuracy or completeness of these efforts.
If you believe that any content on the Website infringes upon your intellectual property rights, please notify us by email immediately with the following information:
(1) identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed; (2) identification of the specific content that is claimed as infringing and information sufficient to permit us to locate that content (providing a URL is the best way to help us locate the content quickly); (3) your contact information – at a minimum, your full legal name (not pseudonym) and email address; (4) a declaration that contains all of the following: (i) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law; (ii) a statement that the information in the notice is accurate; and (iii) a statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed; (5) your physical or electronic signature (of your full legal name).
We will investigate all proper written notifications. As part of our response, we may remove or disable access to allegedly infringing content residing on the Website.
3. YOUR REPRESENTATIONS AND WARRANTIES
- you have the legal capacity, and you agree to comply with the Terms;
- you are not under the age of 18;
- you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Website;
- you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise;
- you will not use the Website for any illegal or unauthorized purpose;
- your use of the Website complies with any applicable laws;
- you are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and are not acting on behalf of any other person who is, identified on any list of prohibited parties under any law or by any nation or government, state or other political subdivision thereof, any entity exercising legislative, judicial or administrative functions of or pertaining to government such as the lists maintained by the United Nations Security Council, the U.S. government (including, but not limited to the U.S. Treasury Department’s Specially Designated Nationals list, the U.S. Department of Commerce Denied Person’s List or Entity List, and Foreign Sanctions Evaders list), the European Union or its member states, and the government of your home country. You are not, (and, if you are an entity, you are not owned or controlled by any other person who is), and is not acting on behalf of any other person who is, located, ordinarily resident, organized, established, or domiciled in any country or jurisdiction against which the U.S. maintains economic sanctions or embargo, or in any country or jurisdiction that has been designated by the U.S. Government as a “terrorist supporting” country;
- if you are the legal entity the individual accepting the Terms on your behalf represents and warrants that they have authority to bind you to the Terms and you agree to be bound by the Terms.
By using the Website, you represent and warrant that:
4. PROHIBITED ACTIVITIES
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial purposes except those that are specifically endorsed or approved by us.
- Disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Website or interfere with anyone else’s use of the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Interfere with or disrupt the Website, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on the Website.
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Materials and Marks for any revenue-generating endeavor or commercial enterprise.
- Use the Website for any unlawful purposes or in violation of any applicable laws.
- Trick, defraud, or mislead us and other users.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use the Website to advertise or offer to sell goods and services.
- Engage in unauthorized framing of or linking to the Website.
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- Use any information obtained from the Website in order to harass, abuse, or harm another user or person.
- Upload or transmit viruses, worms, or any other malicious code or programs designed to interfere with the intended operation of the Website.
- Attempt to impersonate another user or person or use the username of another user.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Copy or adapt the Website’s software.
- Delete the copyright or other proprietary rights notice from any Materials and Marks.
- Attempt to decipher, decompile, modify, adapt, translate, disassemble or reverse engineer any of the software used to provide the Website.
- Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Website, extract data, or otherwise interfere with or modify the rendering of Website pages or functionality.
- Make any unauthorized use of the Website by electronic or other means for the purpose of sending unsolicited email, by automated means or under false pretences.
- Encourage or enable any other users or persons to do any of the foregoing.
You agree not to:
5. OUR ENFORCEMENT RIGHTS
We reserve the right, but are not obligated, to: (1) monitor the Website for violations of the Terms; (2) investigate violations of the Terms; (3) take appropriate legal action against anyone who, in our sole discretion, violates any applicable laws or the Terms, which may include reporting to law enforcement authorities; (4) at our sole discretion and without limitation, notice, or liability, remove or disable access to any files and content that we find excessively large or burdensome to our systems; and (5) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website, ensuring compliance with applicable laws and legal requirements.
6. THIRD-PARTY SERVICES
The Website may contain links to third-party websites or services that are not owned or controlled by us (the “Third-Party Services”). We have no control over, and assume no responsibility for, the content, privacy policies, the terms and conditions or practices of any Third-Party Services. You further acknowledge and agree that we 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 your use of or reliance on any such content, goods or services available on or through any Third-Party Services. We strongly advise you to read the terms and conditions and privacy policies of any Third-Party Services that you visit.
7. PRIVACY POLICY
Our Privacy Policy describes how we collect, use and disclose personal information when you use the Website. Please review our Privacy Policy.
8. TERMINATION
We may terminate or suspend the Terms at any time without notice to you. Without limiting the foregoing, we shall have the right to immediately terminate or suspend your access to the Website in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of the Terms or any applicable laws.
9. CHANGES TO THE WEBSITE
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in the Terms will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
10. DISCLAIMER
THE WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE WE AND THE DIGITISED.ART ENTITIES EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE AND THE DIGITISED.ART ENTITIES PROVIDE NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, WE AND THE DIGITISED.ART ENTITIES MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE OR ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT OR MATERIALS PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, ANY INFORMATION, CONTENT OR MATERIALS ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OR THE DIGITISED.ART ENTITIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITE, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE OR THE DIGITISED.ART ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT WE OR THE DIGITISED.ART ENTITIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF USERS OF THE WEBSITE OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
12. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our affiliates and their respective shareholders, directors, managers, members, officers, employees, independent contractors, consultants, and agents (together, the “Digitised.Art Entities”) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Website; (2) your breach of the Terms or any applicable laws; (3) your negligence or wilful misconduct; (4) your violation of any third-party rights, including, but not limited to the intellectual property rights; (5) any dispute or issue between you and any third party; or (6) any overt harmful act toward any other user of the Website with whom you connected via the Website. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
13. GOVERNING LAW AND JURISDICTION
In the event of a dispute, controversy or claim arising out of or in relation to the Terms, including but not limited to the formation, validity, breach or termination thereof, the parties shall attempt to solve the matter amicably in mutual negotiations. In the event a mutually acceptable resolution cannot be reached within a reasonable time, either party will be entitled to seek all available remedies, including legal remedies subject to the terms and conditions set forth below. Notwithstanding the foregoing and subject to the terms and conditions set forth below, either party may seek injunctive relief with respect to any disputed matter to the extent possible under applicable law. Should an amicable settlement between parties not be possible, then any dispute, controversy or claim arising out of or in relation to the Terms shall be governed by and construed in accordance with the laws of the State of Delaware, and the courts of the State of Delaware shall have exclusive jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not be applied to the Terms.
14. GENERAL TERMS
The Terms and any other policies, agreements expressly incorporated by reference into the Terms, are the entire and exclusive understanding and agreement between you and Digitised.Art. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. You may not assign or transfer the Terms or your rights and obligations under the Terms, in whole or in part, without our prior written consent. We may assign or transfer the Terms or our rights and obligations under the Terms to others at any time without notice or consent. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Use of Section headers in the Terms is for convenience only and will not have any impact on the interpretation of any provision. If any provision of the Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of the Terms or use of the Website. You agree that the Terms will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of the Terms and the lack of signing by the parties hereto to execute the Terms.
15. CONTACT US
If you have any questions about the Terms, you can contact us by email [email protected]