Last updated on September 6th, 2022.
TABLE OF CONTENTS
- AGREEMENT TO TERMS
- INTELLECTUAL PROPERTY RIGHTS
- MEMBER REPRESENTATIONS
- MEMBER REGISTRATION
- PROHIBITED ACTIVITIES
- MEMBER GENERATED CONTRIBUTIONS
- CONTRIBUTION LICENSE
- GUIDELINES FOR REVIEWS
- MOBILE APPLICATION LICENSE
- SOCIAL MEDIA
- THIRD-PARTY WEBSITE AND CONTENT
- SITE MANAGEMENT
- COPYRIGHTS INFRINGEMENTS
- TERM AND TERMINATION
- MODIFICATIONS AND INTERRUPTIONS
- GOVERNING LAW
- DISPUTE RESOLUTION
- LIMITATION OF LIABILITY
- MEMBER DATA
- ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
- CALIFORNIA MEMBERS AND RESIDENTS
- CONTACT US.
1. AGREEMENT TO TERMS
In short: This is an agreement between us, ARCASACRA LLP, and you, our Member, for using any of our Services (i.e., our ethical marketplace www.ethicarts.com). Please read it thoroughly and, if you don’t agree to any or all of these Terms of Service please don’t use our Services. If we update these terms or any other policy we will notify you before any changes start. You must be 16 or older to use our Services.
These Terms of Service constitute a legally binding agreement made between you, wether personally or on behalf of an entity (“you”, “your”, “member”, “creator”, “collector”) and ARCASACRA LLP (“Company”, “we”, “us”, or “our”), concerning your access to and use of the www.ethicarts.com website, the www.arcasacra.com website, the comunidad.arcasacra.com website as well as any other website, media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are a company registered in Scotland and have our registered office at 119 Whitecraig Avenue, Whitecraig, East Lothian EH21 8PA. You agree that by accessing the Site, you have read, understood and agree to be bound by all of these Terms of Service. The aim of the Site is to create a Creative Community (hereinafter referred as “Comunidad”) where people from the creative industries can do business safely and fairly. IF YOU DO NOT AGREE TO ANY OR ALL THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our solely discretion, to make changes or modifications to these Terms of Service from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Service and will notify you before said updates happen via email. Please ensure that you know the applicable Terms of Service every time you use our Site so that you understand which terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted the changes in any revised Terms of Service by your continued use of the Site after the date such updated Terms of Service are posted.
The information provided in the Site is not intended for distribution to use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent those local laws are applicable.
The Site is intended for members who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Site.
2. INTELLECTUAL PROPERTY RIGHTS
In short. What you create is yours and your intellectual property right. We only own the intellectual property rights of our own content.
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website, designs, audio, video, text, photographs and graphics on the Site (collectively, the “Content”) and the trade marks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, international copyright laws and international conventions such as WIPO. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in the Terms of Service, no part of the Site and no Content 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 expressed prior written permission. You can ask for that written permission sending an email to firstname.lastname@example.org.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
In case you are a Creator, you own any intellectual property rights of the contents, products, or services you offer on the Site (“your content”). We decline any right about the content you create and you are encouraged to report us any suspected intellectual property infringement about your content in our Site and we will help you by all means to solve any breach of the international laws and agreement commented above.
As well, the Collectors will only own the intellectual property rights on the products or services they purchase through our Creators limited and as established by the Creators only and under their own particular agreement with the Collector. This rule governs as well in the case of a Creator acting as a Collector from other Creator.
3. MEMBER REPRESENTATIONS
In short: this is a Creative Community (Comunidad) and you agree to use it accordingly and respect the law.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to comply with these Terms of Service;
(4) you are not a minor in the jurisdiction in which you reside and you are able to work in the case you are offering your own products and services;
(5) you will not access the Site through automated or non-human means, wether through a bot, script, or otherwise;
(6) you will not use the Site for any illegal or unauthorised purpose; and
(7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
4. MEMBER REGISTRATION
In short: You need to register with the Site to use it to provide or receive services or products. You need to keep your password confidential and we reserve the right to remove or change your membername if it’s inappropriate.
You are required to register with the Site when you want to provide or receive services or products. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a membername you select if we determine, in our sole discretion, that such membername is inappropriate, obscene, or otherwise objectionable. To exercise said right we will value both freedom of speech and the right to honour.
5. PROHIBITED ACTIVITIES
In short: this is a Creative Community (Comunidad) with all kind of people’s background and idiosyncrasy. Please respect each other and use the services only for the purposes they have been created.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
As a member of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other members, especially in any attempt to learn sensitive account information such as member passwords, bank details or personal information not accessible by default.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or Marks or enforce limitations on the use of the Site and/or the Content or Marks contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorised framing of linking to the Site.
Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, imparts, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools. We will not tolerate any attempt of scam, phishing, or any other similar act.
Delete the copyright or other proprietary rights notice from any Content ours or from Creators.
Attempt to impersonate another member or person or use the membername of another member.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you as well as any other member of the Comunidad.
Attempt to bypass any measures on the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Except as permitted by applicable law, decompile, disassemble or reverse engineer any of the software comprising or in any way making a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorised script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorised use of the Site, including collecting membernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, or creating member accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.
Sell or otherwise transfer your profile.
6. MEMBER GENERATED CONTRIBUTIONS
In short: as a Creative Community (Comunidad), you are welcome to contribute, but be aware you are the sole responsible of that contributions.
The Site may invite you to chat, contribute to or participate in blogs, message boards, online forums and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other members of the Site and through third-party websites. As such, any Contributions you transmit, may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The Creation, distribution, transmission, public display, or performance and the accessing, downloading or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases and permissions to use and to authorise us, the Site, and other members of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, physical handicap or personal believes.
Your Contributions do not otherwise violate, or link to material that violates, any provision of the Terms of Service or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
7. CONTRIBUTION LICENSE
In short: you allow us to use your Contributions inside the Comunidad. However, they are yours and you are legally responsible for them. You are welcome to link your contributions outside the Comunidad under your own responsibility.
By posting your Contributions to any part of the Site you grant us limited, non-perpetual, non-exclusive, non-transferable, royalty-free, fully paid, world-wide rights and license to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Contributions (including, without limitation, your image and voice) only under your previous knowledge and confirmation from your side, for any purpose be it commercial, advertising or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicensee of the foregoing. The use and distribution may occur in any media formats and through any media channels. We will not sell, resell, or use your image and voice for any commercial or advertising purpose outside our Comunidad and our media and marketing channels, unless otherwise agreed with you.
We will ask you beforehand to give us consent to use some personal or professional data, such as your name, company name or franchise name, as applicable, and any of the trademarks, trade names, logos and personal and commercial images you provide, that could be included in such Contribution. This license will apply to any form, media, or technology now known or hereafter developed. You will keep all moral rights in your Contributions, and you give us consent for said moral to be acknowledged in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any areas on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and refrain from any legal action against us regarding your Contributions.
Anyway we have the right, (1) to edit, or otherwise change any Contributions inside our Comunidad, for example in case of a long text we can edit or ask you to edit it to make it short; (2) to re-categorise any Contributions to place them in more appropriate locations on the Site, for example if you write an article for the blog under certain category, it could be moved in the future to any other category that could fit it better; (3) to pre-screen or delete any Contributions at any time and for any reason, without notice, for example if we receive a legal order or find something irregular with that contribution after being published. However, we have no obligation to monitor your Contributions and you are the responsible of such Contributions.
You can use any part or whole content of your Contribution by linking it to any other website, Social Network, Streaming Service, etc. However, you will be the sole responsible of the use and future consequences of that use outside our Comunidad.
8. GUIDELINES FOR REVIEWS
In short: This is Comunidad and faithful reviews are its trust currency. Be honest, constructive and respect everyone when reviewing their work.
We provide you areas on the Site to leave reviews and rating. When posting a review, you must comply with the following criteria:
(1) you should have firsthand experience with the person/entity being reviewed;
(2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
(3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
(4) your reviews should not contain references to illegal activity;
(5) you should not be affiliated with competitors if posting negative reviews;
(6) you should not make any conclusions as to the legality of conduct;
(7) you may not post any false or misleading statements; and
(8) you may not organise a campaign encouraging others to post reviews, wether positive or negative.
(9) your review, no matter if negative or positive, should always contain constructive criticism. Any negative opinions, facts or suggestions will always have to be thoroughly explained and reasoned in as much detail as possible.
We may accept, reject, or remove reviews in our sole discretion if we find somebody breaking these rules.
We have absolutely no obligation to screen reviews or to delete reviews, even if everyone considers reviews objectionable or inaccurate.
Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners.
We do not assume liability for any reviews or any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us perpetual, non exclusive, worldwide, royalty-free, fully paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews inside our Site(s) and App(s).
9. MOBILE APPLICATION LICENSE
In short: this section will govern about the App (when ready) and your use of it.
If you access the Site via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Service.
You shall not:
(1) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavour, commercial enterprise or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail; or
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the application.
Apple, Android and other devices
The following terms apply when you use a mobile application obtained from either the Apple Store, Google Play or other platform (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS, Android or other operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor. The App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application and to the maximum extent permitted by applicable law. The App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(5) you represent and warrant that you are not part of or act in behalf of or support any terrorist or violent organization or group nor any other organization or group which supports terrorism and violence in any form. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
10. SOCIAL MEDIA
In short: we would love to give you the chance to log in using your Social Networks account, but after checking the Privacy Policies and Terms Of Service of the ones we were allowed to use according to our provider, we have decided to not use that possibility. As soon as we find any other Social Network that respects your privacy, does not sell your personal data to any other third-party and can be used by us for this function we will inform you by modifiying this Terms of Service and contacting you beforehand.
As part of the functionality of the Site, as soon as we find a social network that respects the privacy of the members and we can implement the service for it, you will be able to link your account with online accounts you may have with third-party service providers (each such account, a “Third-Party Account”) by either:
(1) providing your Third-Party Account login information through the Site; or
(2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. When this functionality becomes available and in order to use it, by accepting these Terms of Service you represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. Please note that if a Third-Party Account or associated service becomes unavailable for our access to such Third Party Account and it is terminated by the third-party service provider, then the Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the membername and profile picture that become associated with your account.
In short: Submissions are different than Contributions and they are governed by different terms.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted private use of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you unless we consider otherwise. In the case that we need to disseminate publicly your submissions for said lawful purposes we will always ask for your explicit consent. You will keep all moral rights to any such Submissions and you hereby warrant that any such Submissions are originally made by you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
These Submissions are totally different from your Contributions and are not governed by the same terms.
12. THIRD-PARTY WEBSITE AND CONTENT
In short: If you leave the Site(s) to a third party website, i.e. to a personal site from a Creator or to video hosted in any other platform, we have no responsibility about anything out of our Site(s).
The Site contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third-Party Content”).
Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third-Party Websites or the Third-Party Content.
Inclusion of, linking to or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware these Terms of Service no longer govern.
You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site.
Any purchases you make through Third-Party Websites will be through other websites and from other companies and we take no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall not hold us acccountable from any harm caused by your purchase of such products or services, in the same way as we are not in the obligation of helping you in case of fraud or dispute regarding any purchase or transaction started in our Platform and finished outside of it.
Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
In short: If we decide to offer advertisement in our Site(s) that would be under previous acceptance of our interested members and only with third companies which have similar interests and ethics as ours. If you would like to offer your products through us, this section will govern such matters.
Perhaps in the future we will allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. This would be only after previous acceptance from every member interested, under prefixed circumstances and only with ethical companies that might also be related with the Creative Industries in one way or another.
If you are an advertiser and would like to use our Platform, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Furthermore, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights and contractual rights.
We only provide the space to place such advertisements and we have no other relationship with advertisers.
14. SITE MANAGEMENT
In short: Arcasacra is our creation and we will take care of it against anybody who wants to break the rules of the Comunidad.
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Service;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such member to law enforcement authorities;
(3) in our sole discretion and without limitation, to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
In short: We really care about your rights, specially to your right to privacy as we believe in a free internet. Please, take a look to those documents, not just in our Site(s) but in general. IT IS YOUR HUMAN RIGHT. OWN IT!
16. COPYRIGHT INFRINGEMENTS
In short: We are all Creatives and we should take care of our Intellectual Property, even more when we are part of a Comunidad Creativa (a Creative Community).
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
17. TERM AND TERMINATION
In short: This Comunidad is peaceful, honest and respectful with each other. You are not forced to be part of it, but if you are, please be kind… and enjoy!
These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party.
In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
18. MODIFICATIONS AND INTERRUPTIONS
In short: we evolve with you and thus we could modify the Site(s), their structure, etc, in the future. As well, keep in mind that technical and human errors happens and we will solve as soon as posssible.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion, giving you notice whenever possible. However, we have no obligation to update any information on our Site.
We also reserve the right to modify or discontinue all or part of the Site, giving you notice whenever possible. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason, giving you notice whenever possible. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
19. GOVERNING LAW
These conditions are governed by and interpreted following the laws of Scotland (United Kingdom) and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
If your habitual residence is in the EU, and you are a collectionist, you additionally possess the protection provided to you by obligatory provisions of the law of your country of residence.
ARCASACRA LLP and yourself both agree to submit to the exclusive jurisdiction of the courts of Scotland, which means that you may make a claim to defend your consumer protection rights in regards to these Terms of Service in the United Kingdom.
20. DISPUTE RESOLUTION
In short: we are a Comunidad Creativa where you can trade freely but according to the law. In case of dispute, we recommend you try Informal Negotiations first and Arbitration as last resort.
To expedite resolution and control the cost of any dispute, controversy or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Any dispute arising from the relationships between the Parties to this contract shall be determined by one arbitrator who will be chosen in accordance with the Arbitration and Internal Rules of the European Court of Arbitration being part of the European Centre of Arbitration having its seat in Strasbourg, and which are in force at the time the application for arbitration is filed, and of which adoption of this clause constitutes acceptance. The seat of arbitration shall be Edinburgh, United Kingdom. The language of the proceedings shall be English. Applicable rules of substantive law shall be the law of the United Kingdom.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law,
(a) no arbitration shall be joined with any other proceeding;
(b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and
(c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration:
(a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies or omissions, including descriptions, pricing, availability and various other information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, giving you notice whenever possible.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
23. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
In short: we offer you our Site(s) and to be part of the Comunidad Creativa, so use it freely but accordingly to these terms. We have no responsibility for any wrong use and misinterpretation from your side though, and we will use our right to defense against any action against us, including, of course, our Comunidad.
You agree to defend, indemnify and hold us harmless, including our subsidiaries, affiliates and all of our respective officers, agents, partners and employees, 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 Contributions;
(2) use of the Site;
(3) breach of these Terms of Service;
(4) any breach of your representations and warranties set forth in these Terms of Service;
(5) your violation of the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other member of the Site with whom you connected via the Site.
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.
25. MEMBER DATA
26. ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES
Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS, AND TO THE ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
27. CALIFORNIA MEMBERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
In short: We will try to do our best (according to our internal rules and the law) to create together a fair, honest and respectful Comunidad, in which you have your rights and responsibilities and we have our rights and responsibilities. Let’s create the most beautiful Comunidad Creativa ever!
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.
These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time.
We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site.
You agree that these Terms of Service 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 these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
29. CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
119 Whitecraig Avenue
Whitecraig, East Lothian EH21 8PA Scotland