Terms and Conditions Policy
Effective on December 20, 2022
This is an agreement (“Agreement”) between you (“you” or the “user”) and ARTWORLD SG PTE. LTD (“we”, “company” or “our company”), residing at 10 ANSON ROAD #27-18 INTERNATIONAL PLAZA SINGAPORE (079903) , in connection with your use of “Artropia” “(hereinafter as “Artropia”, the “product” or the “services”). Please note that: As a precondition for you using the Services, you must agree to this Agreement mentioned above.
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN YOU AND OUR COMPANY, AND YOU ARE AGREEING TO BE BOUND BY THIS AGREEMENT.
1 Acknowledgement and acceptance of terms and conditions
1.1 Acknowledgement and acceptance of terms and conditions The services are offered subject to your compliance with all the terms and conditions contained herein and all other operating rules, policies and procedures. By accessing or using our product and services you represent and warrant that you are legally an adult where you live and agree to be bound by this Agreement.
1.2 We may periodically change the terms of this Agreement, for example to reflect or include new features in the services, to enhance your security or because of changes in the law. In case of material changes that may affect your legal position vis-à-vis to us, we will inform you of such changes at least thirty (30) calendar days before such changes come into force. You will be deemed to have accepted the changes unless you have notified us of your objection to such changes within thirty (30) calendar days as of receipt of our notification about the changes or if you continue to use the services after the changes have come into force and you have received our notification. In our notification, we will inform you of your right to object, of the applicable notice period and the legal consequences of a failure to object.
1.3 In case you object to any changes as set out above, the previous version of the Agreement shall continue to apply. However, in that case we may terminate the Agreement with fourteen (14) calendar days’ notice. In case of such termination, you may be entitled to a refund in accordance with statutory law.
1.4 You may terminate this Agreement any time by cancelling your registered account of Artropia with us.
2 Account registration
2.1 You will need to create an Artropia account to access and use our services. You may sign in with email. You acknowledge that you may not create multiple accounts, unless expressly permitted.
2.2 Your username and/or avatar are linked to your account and will be publicly displayed. We therefore advise you not to include your last name in your username. Further, you may not use a username and/or an avatar which is already used by someone else or which does not meet the requirements of this Agreement (including without limitation any prohibited acts as stipulated in Article
11). We reserve the right to refuse registration of, or cancel, a username and/or avatar in our reasonable discretion.
2.3 You are solely responsible for and will be deemed to have carried out any activity, including any purchases, made by your account, unless you can prove that assumption wrong. You are also solely responsible for maintaining the confidentiality and security of your account and any user identification, passwords, authentication codes or other security devices or procedures (collectively "Password"), if applicable. To ensure your account safety, we strongly recommend that you:
a.Never share your account details with anyone;
b.Choose a strong alphanumeric password, e.g., containing lowercase, uppercase letters, numerals, special characters (@, #, etc.). We reserve the right to refuse any password at our reasonable discretion;
c.Choose a password that is different from any other password you use to access third-party services; and change it on a regular basis;
d.We reserve the right to require you to change your Password at any time.
2.4We reserve the right to cancel your registered account and terminate the provision of relevant services if your account with no paid services is not in actual use for any consecutive 180 calendar days since registration or any consecutive 180 calendar days after the expiration of your paid services.
2.5Please note when creating your account that use of our services does not include supply by us of a computer or any other hardware, equipment or service necessary for their use. To use our services, you must have your own means of telecommunication and Internet access.
2.6 One account supports up to three devices login. You are prohibited to trade, buy, sell, rent your account. Your account will be invalidated if you violate this requirement and we reserve the right to pursue legal responsibility.
3 Intellectual Property
3.1Subject to and conditioned upon your strict compliance with this Agreement, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, limited license during the term hereof to access, download, install and use the services solely for your personal, non-commercial use.
3.2We, except as expressly licensed to you herein, retain all right, title, and interest in and to the services, including without limitation, any and all associated copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, patches, updates, copies, derivative works, computer code, texts, design, graphics, music, scenery, costumes, slogans, choreographies, videos, domain names, audiovisual effects, themes, objects, characters, character names, stories, dialogs, settings, catchphrases, locations, concepts, artwork, images, animation, sounds, musical works, audio-visual, text, methods of operation, moral rights and the selection and arrangement thereof (collectively “materials”), whether registered or not. All our services and materials are subject to and protected by all applicable intellectual property laws and rights.
3.3Your acceptance to the services does not give you any title or ownership in any content appearing in the services, and this Agreement should not be construed as a sale or transfer of any intellectual property rights to the services.
3.4You agree that while using the services, you will not:
a.use the services in violation of any law, regulation or rule;
b.rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the services, or any features or functionality of the services, to any third party for any reason;
c.reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
d.copy, modify, translate, adapt or otherwise create derivative or improvements, whether or not patentable, of the services or any part thereof;
e.remove, delete, alter or obscure any trademark, copyright, patent or other intellectual property or proprietary rights notices provided on or with the services, including any copy thereof;
f.combine the services or any part thereof with, or incorporate the Services or any part thereof in, any other programs;
g.remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection or security features in the services; or
h.use the services for purposes of competitive analysis of the services, the development of a competing application, website product or service or any other purpose that is to our commercial disadvantage.
3.5 Please note that in the event of a violation of above conducts, disciplinary action may be taken. Actual disciplinary action shall be decided at our discretion, on a case-by-case basis. The above list of forbidden conducts shall not be considered exhaustive.
4 User content
4.1When you use the services, you may generate User Content. “User Content” means any content created by you, such as any text, artworks, photographs, pictures, data and information, or other content that you submit or is automatically submitted in the services. In particular, the artworks and drawings that you may submit to the services, or artworks and drawings that are automatically collected when you use the services, are User Content. You are solely responsible for your User Content, including complying with all laws applicable to your User Content. You agree not to submit to the services any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal User Content, or any User Content that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity).
4.2You hereby grant, and you represent and warrant that you have the right to grant, to us a perpetual, irrevocable, non-exclusive, worldwide, transferable, royalty-free and fully paid right and license, with the right to sublicense, to reproduce, distribute, transmit, publicly perform, publicly display, digitally perform, modify, create derivative works of, incorporate into other works and otherwise use and commercially exploit any User Content in any media now existing or hereafter developed, including without limitation on websites, in audio format, and in any print media format. You agree to permanently waive any claims and declarations of moral rights or attribution with respect to your User Content. In particular and without limiting the generality of the foregoing, please note that any photographs and videos you submit to the services, or photographs and videos submitted automatically to the services by using the services, or otherwise submit to us (such as artworks and drawings) constitute User Content and by submitting them you grant us the right and license set forth above and give the representations and warranties set forth below.
4.3You represent and warrant that:
a.you own, or have the necessary licenses, rights, and/or consents to submit your User Content in the services;
b.your User Content, and our exercise of our rights as stated in this Agreement, do not and will not violate, misappropriate or infringe any intellectual property right or other right of any third party, including but not limited to trademark rights, copyrights, moral rights and publicity rights of any third party;
c.you possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of your User Content by us as permitted in this Agreement; and
d.your User Content is not pornographic, obscene, libelous, defamatory, tortious, harassing or otherwise unlawful.
4.4We have no responsibility for the conduct of any user in the Service, including any User Content submitted in the Service. We assume no responsibility for monitoring the Service for inappropriate content or conduct. Your use of the Service is at your own risk.
The Company name, the terms [Artropia], and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the services are the trademarks of their respective owners.
6 Monitoring and Enforcement
6.1 We have the right to:
a.Remove or refuse to post any User Content for any or no reason in our sole discretion.
b.Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Agreement, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the services or the public, or could create liability for the Company.
c.Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
d.Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the services.
e.Terminate or suspend your access to all or part of the services for any or no reason, including without limitation, any violation of the Agreement.
6.2 Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
6.3 However, we do not undertake to review material before it is posted on the services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7 Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
a.Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
b.Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
c.Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
e.Be likely to deceive any person.
f.Promote any illegal activity, or advocate, promote, or assist any unlawful act.
g.Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
h.Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
i.Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
j.Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
8 Disclaimer of Warranties
8.1 You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
8.2 YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
8.3 TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
8.4 THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9 Limitation of liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THE SERVICES, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
You will defend us against all liabilities, claims and damages and all costs, including lawyers' fees, following and/or resulting from a violation of this Agreement for which you are responsible. Without limiting the generality of the foregoing, you shall defend us and hold us harmless in the event of illegal use of your account, including in the event of illegal by someone you have authorized to use your account. This article remains valid and in force after termination of this Agreement or of your account, subject to applicable law.
11.1 You must be (i) of legal age in your country or (ii) if you are a minor, use the services with your parent’s or legal guardian’s consent.If you are a minor in your country of residence, you should read this Agreement with the help of your parent or guardian.
11.2 If you are a parent or guardian, we recommend that you monitor your children’s online activities and that you familiarize yourself with the parental controls that may be made available by us and/or our partners.
12 Prohibited acts
12.1 Users are prohibited from committing any of the following acts while using the product or related services. The list of prohibited acts below shall not be considered exhaustive.
a.use the services for any commercial use or purpose unless expressly permitted by us in writing, it being understood that the services and related services are intended for personal, non-commercial use only;
b.rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any services and materials;
c.post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content;
d.post, upload, or distribute any User Content or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
e.use the services in any manner that is harmful to minors, or in any manner that violates this Agreement;
f.impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the services accounts of others without permission, or perform any other fraudulent activity;
g.delete the copyright or other proprietary rights notices on the services or on any licensed educational content, licensed educational code, or User Content;
h.assert, or authorize, assist, or encourage any third party to assert, against us or any licensed educational content, licensed educational code, or User Content you have used, submitted, or otherwise made available on or through the Services;
i.make unsolicited offers, advertisements, proposals, or send junk mail or spam to other users of the services (including, but not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures);
j.use the services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
k.defame, harass, abuse, threaten or defraud users of the services, or collect, or attempt to collect, personal information about users or third parties without their consent;
l.remove, circumvent, disable, damage or otherwise interfere with security-related features of the services, any licensed educational content, licensed educational code, or User Content, features that prevent or restrict use or copying of any content accessible through the services, or features that enforce limitations on the use of the services, licensed educational content, licensed educational code, or User Content;
m.reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the services or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
n.modify, adapt, translate or create derivative works based upon the services or any part thereof, except and only to the extent expressly permitted by us herein or to the extent the foregoing restriction is expressly prohibited by applicable law; or
o.intentionally interfere with or damage operation of the services or any user's enjoyment of it, by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
12.2 In cases where users commit any of the acts above, or any acts which violate this Agreement, disciplinary action may be taken. Actual disciplinary action shall be decided at our discretion, on a case-by-case basis. We may issue a prior warning as well as deadlines of remedies and close your account temporarily or permanently in accordance with applicable local laws based on prohibited conduct. we reserve the right to terminate the use of the Application and Services by users as well as to claim restitution from said users.
13 Report unlawful and other prohibited content on our Services
13.1 If you believe that any content made available on our services by users does not comply with this Agreement (or including any prohibited acts stipulated in Article 11), you may report this to us via firstname.lastname@example.org. You are required to identify and describe the content which is, in your opinion, contrary to this Agreement or infringing, indicating its precise location on the services; indicate the reasons why you believe that this content does not comply with this Agreement and should be removed from the services.
13.2 We respect the intellectual property rights of others and expect users to do the same. If you are a copyright owner or an agent thereof, and you believe that content used on the Application or online services operated by us, constitutes copyright infringement, you may submit a notification to email@example.com.
13.3 After receipt of a full notification, we reserve the right to act as we deem appropriate, entirely at our own discretion. We reserve the right to ask you to cease to use any content which you believe to be contrary to the provisions of this Agreement and/or delete or deactivate the content in question. If we delete any content that you have published in the services which is considered to be manifestly unlawful and contrary to this Agreement, we reserve the right to terminate your account, in accordance with this Agreement and subject to any additional statutory requirements.
14 Links to third-party services
Artropia may contain links to other services run by other organizations, such as social media connectivity and advertisements. These services are subject to respective third-party terms and conditions. Please read these third-party terms and conditions carefully as they constitute an agreement between you and the applicable third-party service provider and to which our company is not a party to.
15 Personal data
16 Termination of the Agreement
16.1 This Agreement will terminate automatically upon any termination of your right to use the services; provided, however, that any license granted to you by us and any provision of this Agreement necessary to enforce or exercise your or our rights or obligations hereunder shall survive the termination of this Agreement.
16.2 Upon termination of this Agreement for any reason, you shall remit to us all outstanding fees owed by you to us. You are entitled to any refund of fees (including any partial refund) in the case as stipulated in Article 6 or otherwise required by applicable laws.
17 Force majeure
Neither party is responsible for any failure to perform its obligations under this Agreement, if it is prevented or delayed in performing those obligations by an event of force majeure. An event of force majeure does not relieve a party from liability for an obligation which arose before the occurrence of that event, nor does that event affect the obligation to pay money in a timely manner which matured prior to the occurrence of that event. We in the event of force majeure have no liability for:
a. any costs, losses, expenses, damages or the payment of any part of the price under the Agreement during an event of force majeure; and
b. any delay costs in any way incurred due to an event of force majeure.
18 Governing law and jurisdiction
Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the China International Economic and Trade Arbitration (CIETAC Beijing) under CIETAC Arbitration Rules.
19 No Class Actions
To the extent allowed by law, we waive any right to pursue disputes on a class-wide basis; that is, to either join a claim with the claims of any other person or entity or assert a claim in a representative capacity on behalf of anyone else in any lawsuit, arbitration, or other proceeding.
20 No Trial by Jury
TO THE EXTENT ALLOWED BY LAW, WE EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
21 Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OF SERVICE AND/OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.
23 Contact information
ARTWORLD SG PTE. LTD
Address: 10 ANSON ROAD #27-18 INTERNATIONAL PLAZA SINGAPORE (079903)