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使用条款
These Terms and Conditions (“terms” or “T&Cs”) shall govern all transactions between Kardia World Pte Ltd (“ARTitude”, “us”, “we” or “our”), our
subsidiaries, affiliates, brands, and other related companies and all our users (“user”, “customer” or “you”) for our services and products (“platforms”, “services” or “products”).
User expressly acknowledges and agrees to comply with any and all the guidelines, notices, operating rules and policies, and instructions pertaining to the use of the services and/or access to our platforms, as well as any amendments to the aforementioned, issued by us, from time to time. We reserve the right to revise these guidelines, notices, operating rules and policies, and instructions at any time and you are deemed to be aware of and bound by any changes to the foregoing upon their publication on the platforms. By accessing our platforms and/or using the services, you agree to be bound by these Terms Of Use. If you do not agree to these Terms Of Use, do not access and/or use our platforms or the services.
Disclaimers
- No Implied Endorsement: We do not endorse or recommend any author, website, product or service mentioned in any articles.
- No Warranty: When using our platforms, you may find links to third party Internet sites. We are not responsible for the content or availability of these third party sites. We do not warrant or guarantee the products, services, or information found on external or third party sites.
- Latency / Speed performance: The performance speed and user experience may vary when using this site due to different technical and non- technical factors, such as internet speed and devices.
- Availability of our platforms and services: We may, from time to time and without giving any reason or prior notice, upgrade, modify, suspend or discontinue the provision of or remove, whether in whole or in part, our platforms or any services and shall not be liable if any such upgrade, modification, suspension or removal prevents you from accessing our platforms or any part of the services.
User Account Terms
- To access and use all the features of our platforms, you must register for an ARTitude account (“account”) by providing your full legal name,
current address, phone number, a valid email address, and any other information indicated as required. We may reject your application for an
account, or cancel an existing account, for any reason, in our sole discretion.
- You must be: (i) 18 years of age, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the services to open an account.
- You are responsible for keeping your password secure. ARTitude cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data
uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your account (“materials”).
- A breach or violation of any term in the Terms Of Use, as determined in the sole discretion of ARTitude may result in an immediate termination of your account.
Restricted Activities
You agree and undertake NOT to:
- Impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with any person or entity.
- Use our platforms or services for illegal purposes.
- Attempt to gain unauthorised access to or otherwise interfere or disrupt other computer systems or networks connected to the platform or services.
- Post, promote or transmit through our platforms or services any prohibited materials.
- Interfere with another’s utilisation and enjoyment of our platforms or services.
- Use or upload, in any way, any software or material that contains, or which you have reason to suspect that contains, viruses, damaging components, malicious code or harmful components which may impair or corrupt our platforms’ data or damage or interfere with the operation of another users’ computer or mobile device or our platforms or services.
- Use our platforms or services other than in conformance with the acceptable use policies of any connected computer networks, any applicable Internet standards and any other applicable laws.
Your Submissions and Information
- You grant ARTitude a non-exclusive licence to use the materials or information that you submit to our platforms and/or provide to us, including but not limited to questions, reviews, comments, and suggestions (collectively, “submissions”). When you post comments or reviews to our platforms, you also grant us the right to use the name that you submit or your Username in connection with such review, comment, or other content. You shall not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any submissions. We may, but shall not be obligated to, publish, remove, or edit your submissions.
- You acknowledge that ARTitude could use the personal data you provided when opening an Account or as updated by you from time to time or during the course of your use of our platforms, to (i) communicate with you relating to your account, purchase transactions, queries, and send you marketing or promotional information from time to time (provided you have opted to receive such information), (ii) analyse and produce statistics.
- We have introduced appropriate administrative, physical and technical measures to safeguard your personal data from unauthorised access,
collection, use, disclosure, processing, copying, modification, disposal, loss, misuse, modification or similar risks based on best efforts, and we will therefore not be held responsible or liable for any illegal activities by any third party to misuse the collected data. We will only retain your personal data for as long as we are either required or permitted to by law or as relevant for the purposes for which it was collected.
Links To Other Websites
Our service may contain links to third party sites or services that are not owned or controlled by us. We have no control over, and assume no
responsibility for, the content, privacy policies, or practices of any third party sites or services. 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
Copyright
We warrant that the services and all rights thereto are owned by us. No part or parts of our platforms, or any materials may be reproduced, reverse engineered, decompiled, disassembled, separated, altered, distributed, republished, displayed, broadcast, hyperlinked, mirrored, framed, transferred, or transmitted in any manner or by any means or stored in an information retrieval system or installed on any servers, system or equipment without our prior written permission or that of the relevant copyright owners.
Intellectual Property Rights on Our Platforms
a) Artist (“Creator”) Rights
Creator expressly represents and warrants that the content underlying the artwork (“Art Content”) launched on our platforms contain only original content otherwise authorised for use by the Creator, and do not contain unlicensed or unauthorised copyrighted content, including any imagery, design, audio, video, human likeness, or other unoriginal content not created by the Creator, not authorised for use by the Creator, not in the public domain, or otherwise without a valid claim of fair use. The Creator further represents and warrants that it has permission to incorporate the unoriginal content, to the extent such permission is legally required.
The Creator owns all legal right, title, and interest in all intellectual property rights of the Art Content on our platforms, including but not limited to copyrights and trademarks in the Art Content, unless the Creator expressly transfers any such right, title or interest to ARTitude, a Collector or other third party. As the copyright owner, the Creator has the right to reproduce, prepare derivatives of, distribute, and display or perform the Art Content. The Creator hereby acknowledge, understand, and agree that selling their Art Content on ARTitude’s online platforms constitutes an expressed representation, warranty, and covenant that the Artists will not make any erroneous or misleading statements regarding any artwork, including in connection with any sales thereof.
b) ARTitude Rights
The Creator hereby acknowledge, understands, and agrees that by launching, listing, or selling any artwork on ARTitude’s online platforms, hereby expressly and affirmatively grants to ARTitude, and its affiliates, an exclusive world-wide online royalty-free license to (i) reproduce, display, perform, distribute and transmit the digital formats of the artworks, for the purpose of sales and marketing of the artworks, and (ii) use and incorporate the digital formats of artworks, or derivative works of any of the foregoing, on any marketing materials, and to reproduce, display and transmit such marketing materials on any media whether now known or later discovered for the purposes of operating, promoting, sharing, marketing, and advertising ARTitude’s online platforms. The foregoing licenses include, without limitation, the express rights for the key purpose of promoting the artworks to: (i) display the digital formats of the artwork, on our platform, a third party platform, social media posts, blogs, editorials, advertising, market reports, virtual galleries, museums, virtual environments, or to the public, and (ii) index the artworks in electronic databases, indexes and catalogues.
c) Collector Rights
Upon legally collecting and obtaining ownership of any artworks launched on our platforms, unless the Creator expressly grants different rights to the Collector, the Collector receives from the seller of such artwork and, to the extent applicable, any subsequent Collector in a secondary sale the right to sell, trade, transfer, or use the Art Content.
If a Collector sells, trades or transfers the artwork to a subsequent Collector, regardless of whether on or off our platforms, such Collector represents and warrants that it will (i) notify the subsequent Collector of these Terms and (ii) require the subsequent Collector to comply with these Terms.
The Collector agrees that it will not, and will not permit any third party to, do or attempt to do any of the foregoing without the Creator’s express prior written consent in each case: (i) modify, distort, mutilate, or perform any other modification to the Art Content which would be prejudicial to the Creator’s honour or reputation; (ii) use the Art Content or underlying artwork to advertise, market, or sell any third party product or service; (iii) use the Art Content or underlying artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others; (iv) incorporate the Art Content or underlying artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such uses expressly permitted by these Terms or solely for Collector’s personal, non-commercial use; (v) sell, distribute for commercial gain, or otherwise commercialise merchandise that includes, contains, or consists of the Art Content or underlying artwork; (vi) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the Art Content or underlying artwork; (vii) attempt to mint, tokenise, or create an additional cryptographic token representing the same artwork or underlying Art Content, whether on or off of our platforms; or (viii) falsify, misrepresent, or conceal the authorship of the Art Content or underlying artwork.
Collector irrevocably releases, acquits, and forever discharges Kardia and its affiliates and their officers and successors of any liability for direct or indirect copyright or trademark infringement for ARTitude’s use of any Art Content or underlying artwork, in accordance with these Terms.
d) Copyright Complaints
ARTitude respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ARTitude of your infringement claim in accordance with the procedure set forth below.
ARTitude will process and investigate notices of alleged infringement and will take appropriate actions under applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ARTitude at
support@ARTitude.com (Subject line: “Copyright Infringement Complaint”).
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located, with enough detail that we may find it;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorised to act on the copyright or intellectual property owner’s behalf.
Creators, Collectors, and all Users expressly agree to cooperate and timely respond to ARTitude’s investigations, requests, and inquiries related to disputes or allegations of infringement.
Limitation of Liability
Except as otherwise expressly stated herein, all conditions, warranties and representations, expressed or implied, by statute or otherwise, in relation to the performance or non-performance of any services are hereby excluded to the full extent permitted by law. We are not responsible for the behaviour and activity of any advertisers, linked websites or other users. We are not responsible for any disputes between users and business providers who are listed on our platforms.
We shall bear no liability, in contract or tort (including negligence or other breach of statutory duty) for any misrepresentation or for any loss or damage, direct or indirect, foreseen, known or advised in advance, including but not limited to loss or damage incurred by user as a result of third party claims, loss of actual or anticipated profits, loss of business opportunity, loss of anticipated benefits, loss of goodwill, any indirect, special or consequential loss or damage howsoever caused. Our total liability under or in connection with the performance or non-performance of any services whether for negligence, breach of contract, negligent or intentional misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the amount actually paid under any Order Confirmation. Any action resulting from any claimed breach on the part of us must be commenced within one year of the date the cause of action.
Intellectual Property (IP) of artists’ artworks listed on ARTitude will always remain the property of the artists, and the IP of ARTitude platforms and 3D virtual environment will always remain the property of Kardia. User agrees to indemnify, defend and hold ARTitude harmless, our directors, officers, employees and agents, from and against all liability, including a claim of intellectual property infringement based on copyright, trademark and patent.
Orders
All orders will be deemed to be irrevocable and unconditional upon transmission through our platforms and ARTitude shall be entitled (but not obliged) to process such order(s) without your further consent and without any further reference or notice to you. ARTitude reserves the right to decline to process or accept any order received from or through our platforms in our absolute discretion. The price and payment terms for all our products and services are as set in the Listing Prices and subject to taxes, unless otherwise stated. Delivery charges shall be as set out in the order(s). ARTitude reserves the right to amend the Listing Prices at any time without giving any reason or prior notice.
Delivery of Products
ARTitude binds ourselves only to deliver products in accordance with the general description under which they were sold, whether or not any special or particular description have been given or implied by law. ARTitude is not obligated to give any warranty as to the quality, state, condition or fitness of the products.
Delivery of the products shall be made to the address you specify in your order and you may track the status of the delivery at the “Order Tracking” page of our platforms (where applicable). You acknowledge that delivery of the products is subject to availability of the products. All delivery timeframes given are estimates only and delays can occur. We will make every reasonable effort to deliver the product to you within the delivery timeframe stated on the relevant page on which the product is listed, but you acknowledge that while stock information on our platforms is updated regularly, it is possible that in some instances a product may become unavailable between updates. ARTitude and our agents shall not be liable for any delay in delivery howsoever caused.
In the event you do not receive the product by the projected delivery date and provided that you inform ARTitude within 3 days immediately from such projected delivery date, we will try, to the best of our ability, to locate and deliver the product. If we do not hear from you within 3 days from such projected delivery date, you shall be deemed to have received the product. If you fail to take delivery of the products (otherwise than by reason of any cause beyond your reasonable control or by reason of ARTitude’s fault) then without prejudice to any other right or remedy available to Seller, Seller may terminate the Customer Contract. If you have instructed for your products to be left at your doorstep (“Unattended Delivery”), then such delivery shall be at your sole risk and you accept all liability and risk of loss, theft, and damage.
Payment
You may pay for the product using any of the payment methods prescribed by ARTitude from time to time. When you place an order, actual payment will be only charged upon our acceptance of your order. You acknowledge that ARTitude is entitled to collect payments from you on behalf of Third Party Vendors. The payment methods may be subject to additional terms as prescribed by us from time to time. You agree that you are subject to the applicable user agreement of your payment method. You may not claim against ARTitude or any of our agents, for any failure, disruption or error in connection with your chosen payment method. ARTitude reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
If you fail to make any payment pursuant to the terms and conditions of the payment method elected or payment is cancelled for any reason whatsoever, then without prejudice to any other right or remedy available to ARTitude, we shall be entitled to cancel the order or suspend delivery of the product(s) until payment is made in full.
Return and Refund
All returns must be done in accordance with the instructions set out in the ARTitude’s Return Policy. You acknowledge that a return may be rejected if such instructions are not strictly adhered to or followed to our satisfaction. For a valid return, we may as applicable and at our discretion, offer customer refund (in full or partial), repair, replacement or price reduction as remedies. Upon accepting a remedy from us, the customer shall have no further claim against ARTitude as regard to the non-conforming product. ARTitude reserves the right to reject any requests for refunds, returns or replacements at our sole discretion, including without limitation, where we deem that any transaction is fraudulent or suspect that it is fraudulent.
All refunds shall be made via the original payment mechanism and to the person who made the original payment, provided that such refund is processed within 60 days from the time payment was successfully completed. We offer no guarantee of any nature for the timeliness of the refunds reaching your account. The processing of payment may take time and it is subject to the respective banks and/or payment provider internal processing timeline. ARTitudez reserves the right to modify the mechanism of processing refunds at any time without notice.
