TERMS OF USE

This page (together with the documents referred to on it) sets out the terms of use on which you may make use of our website www.theartstack.com (our “Site”) or any application we make available via an app store or otherwise (our "Service"), whether as a guest or a registered user. Please read these terms of use carefully before you start to use our Site or our Service. By accessing our Site or by using our Service, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, do not access our Site or use our Service.

1) INFORMATION ABOUT US www.theartstack.com is a website operated by ArtStack Limited, incorporated and registered in England and Wales, whose registered office is at 9th Floor, 107 Cheapside, London, EC2V 6DN, United Kingdom. Our Company registration number is 7793201.

2) ACCESSING OUR SERVICE OR OUR SERVICES Access to our Site and to our Service is permitted on a temporary, “as-is” basis, and we reserve the right to withdraw or amend access to our Site or our Service without notice (see below). We will not be liable if, for any reason, our Site or our Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts our Site or our Service, or our entire Site or Service to users who have registered with us. If you are given login details, you are responsible for maintaining the confidentially of those details and any activities that occur under your account. If you have any concerns about your login details or you think they have been misused, you should contact hello@theartstack.com immediately to let us know. We can deactivate your account at any time.

3) ACCEPTABLE USE You may use our Service only for lawful purposes. You may not use our Site or our Service in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 6 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Service or any network or equipment used in the provision of our Service.

4) INTERACTIVE FEATURES OF OUR SITE We may from time to time provide certain features which allow you to interact through our Site or our Service such as discussion forums or messaging. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out in section 6. If you generate any content on our Site or our Service, whether by uploading, commenting, annotating, bookmarking or otherwise, you agree that you have all requisite permissions to do so and you agree that we are not responsible for obtaining any licences. If we are informed by any person that any of their rights are infringed we reserve the right to remove any content that you have uploaded and you agree that we may inform the owner of any rights in the content of how to contact you.

5) PAYMENT You'll honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices. If you purchase any of our paid Pro Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also: • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). • You authorise us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. • You must pay us for applicable fees and taxes unless you cancel the Pro Service, in which case you agree to still pay these fees through the end of the applicable subscription period. You can cancel your Pro Service subscription at any time by going to Edit profile on the ArtStack website and clicking Unsubscribe in the ArtStack Pro section. • Taxes are calculated based on the billing information that you provide us at the time of purchase. You can contact us for a copy of your invoice at team@theartstack.com

6) CONTENT STANDARDS These content standards apply to any and all material which you contribute to our Site or our Service (the "Contributions"), and to any interactive services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with applicable law in the UK and in any country from which they are posted. Contributions must not: (i) contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; (ii) infringe any copyright, database right or trademark of any other person; (iii) be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or promote any illegal activity; (iv) be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person; (v) be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or (vi) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

7) SUSPENSION AND TERMINATION Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) of these Terms of Use constitutes a material breach of these Terms of Use, and may result in our taking all or any of the following actions: (i) immediate, temporary or permanent withdrawal of your right to use our Site or our Service; (ii) immediate, temporary or permanent removal of any posting or material uploaded by you to our Site or our Service; (iii) issuing of a warning to you; (iv) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; (v) disclosure of such information to law enforcement authorities as we reasonably feel is necessary. The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

8) INTELLECTUAL PROPERTY RIGHTS We are the owner of or the licensee of all intellectual property rights in our Site and our Service, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use. We respect the intellectual property rights of others and expect our users to the same. We reserve the right, at our sole discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are charged with infringing the intellectual property rights of others. Reporting a claimed infringement. We will respond to Notices of alleged copyright infringement that are properly provided to our designated Copyright Agent whose contact information is listed below. If you believe that a work posted on our Site infringes your copyright, contact ArtStack’s Designated Copyright Agent at hello@theartstack.com, including the following information in your claim: identify the copyrighted work that you claim has been infringed, or, should multiple works be included, you may provide a representative list of the copyrighted works that you claim have been infringed.

Identify (i) the material that you claim is infringing (or to be the subject of infringing activity) which is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site where such material may be found, and (ii) the reference or link to material which can be used to assert the truth of your claim.

Provide your mailing address, telephone number, and, if available, email address.

Include both of the following statements in the body of your message:

"I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."

"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to ArtStack’s Designated Copyright Agent: hello@theartstack.com. Counter-Notices. If you are the provider of Content that was removed (or to which access was disabled) and you believe that such Content is not infringing or that the use of such Content is authorized by the copyright owner, the copyright owner’s agent or the law, you may send a written counter-notice to our Copyright Agent containing all of the following information: • your physical or electronic signature • identification of the Content that was removed or to which access was disabled, and the location at which such Content appeared on the Services before it was removed or access to it was disabled • a statement, under penalty of perjury, that you have a good faith belief that the Content was removed or disabled as a result of mistake or misidentification of the Content • your name, address, telephone number, and, if available, an email address • the statement that you will accept service of process from the person who provided the notice of claimed infringement Process. When our Copyright Agent receives a notice of claimed infringement, we may send a copy of the notice and the contact information of the person who sent us the notice to the provider of the allegedly infringing Content. When our Copyright Agent receives a counter-notice, we may send a copy of the counter-notice to the person who sent us the related notice of claimed infringement. Unless that person (or the copyright holder that she or he represents) then notifies us within 10 business days that she or he is filing a legal action related to the disputed Content, we may replace the disputed Content on the Services, but we will have no obligation to do so. By sending us a notice of claimed infringement or a counter-notice, you consent to this use of your personally identifying information.

We will respond to any claim expeditiously, and in any event, within 20 business days. We may request additional information from you as part of your claim. We will take whatever action we deem appropriate, at our sole discretion, including removal of the challenged material from the Site. A Notice may not be valid if it is not clearly directed to our Copyright Agent or it does not contain all of the information specified above. To help us receive your notice or counter-notice in a timely manner, if possible, please send it to our Copyright Agent by email with subject line “Copyright Notice” or “Copyright Counter-Notice” as applicable.

9) RELIANCE ON INFORMATION POSTED Commentary and other materials posted on our Service are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Service, or by anyone who may be informed of any of its contents.

10) OUR SITE AND OUR SERVICE CHANGE REGULARLY We aim to update our Site and our Service regularly, and may change the content at any time. If the need arises, we may suspend access to our Site and our Service, or close them indefinitely. Any of the material on our Site or our Service may be out of date at any given time, and we are under no obligation to update such material.

11) OUR LIABILITY We have taken every care in the preparation of our Site and our Service. However, we will not be responsible for any errors or omissions in relation to such content or for any technical problems you may experience with our Site or our Service. If we are informed of any inaccuracies on our Site or in our Service we will attempt to correct this as soon as we reasonably can. To the extent permitted by law, we exclude all liability (whether arising in contract, in negligence or otherwise) for loss or damage which you or any third party may incur in connection with our Site, our Service, and any website linked to our Site and any materials posted on it.

12 Disclaimer

Nothing in these terms and conditions shall limit or exclude our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law. This Disclaimer applies from your first use of the Site.

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, our subsidiaries, affiliates, officers, agents, other partners and employees and any third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.

  • Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Site or our services or in connection with the use, inability to use, or results of the use of the Site or our services, any websites linked to it or them and any materials posted on it, including, without limitation any liability for:

  • Loss of income or revenue;

  • Loss of business;

  • Loss of profits or contracts;

  • Loss of anticipated savings;

  • Loss of data;

  • Loss of goodwill;

  • Wasted management or office time; and

  • Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable)

You will not hold us responsible for other user, member or third party actions or inactions.

You should not assume that the offer or sale of any item is valid and/or legal simply because it is listed or recommended on the Site.

You agree to indemnify and hold us harmless from any losses or costs (including all legal fees) we incur arising directly or indirectly from your use of the Site and / or our services, any breach or alleged breach by you of these terms and conditions or any representations or warranties made in these terms and conditions or that you have given during any application process to become a Registered User.

The provisions of this section 12 will remain in force after termination

13) INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND USE OF OUR SERVICE We collect certain data about you as a result of you using our Service. This is described in more detail in our Privacy Policy www.theartstack.com/pages/privacy.

14) UPLOADING MATERIAL TO OUR SITE AND OUR SERVICE Any material you upload to our Service or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free licence to use, copy, modify, distribute, and disclose to third parties any such material or data for any purpose related to our business.

15) LINKS FROM OUR SITE Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only and click-through transactions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. We may provide links to commercial services as part of our Site and Service; these links are also provided for information only and all transactions taking place on third party services will be according to the terms and conditions of that third party provider. Prices for items available via links to third party websites are for information only and are not including tax or shipping.

You should also be aware that our terms and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, as well as returns policies, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.

Section 15 will remain in force after termination.

16) JURISDICTION AND APPLICABLE LAW The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

17) VARIATIONS We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

18) YOUR CONCERNS If you have any concerns about material which appears on our Site or Service, please contact hello@theartstack.com

19) General

Any failure or delay by us in enforcing compliance with these terms and conditions shall not be a waiver of that or any other provision.

If any provision of these terms and conditions is unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

A person who is not a party to these terms and conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of the provisions of these terms and conditions but this does not affect any right or remedy of a third party specified in those documents or which exists or is available apart from that Act.

No agency, partnership, joint venture, employee–employer or franchisor–franchisee relationship is intended or created by these terms and conditions.

In our sole discretion we may assign the rights or obligations under these terms and conditions to a third party by giving you notice in accordance with the Notices section below (but without your express consent), .

The headings in these terms and conditions are for reference purposes only and do not limit the scope of extent of this User Agreement.

Section 19 will remain in force after termination.

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