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terms of use

Terms of UseUser AccountsDefinitionsRefund and CancellationAccess to external resourcesAcceptable UseService InterruptionService ResellingCommunity StandardsIntellectual PropertyMiscellaneous

Artcryption Terms of Use

These Terms of Use (“Terms”) govern:

  • • the use of the Artcryption Platform (“Platform”), and,
  • • any other related Agreement or legal relationship with the Artcryption in a legally binding way.

    Capitalized words are defined in the relevant dedicated section of this document.

Users must read this document carefully. This Platform is provided by: Artcryption Inc., Mississauga, Ontario, Canada (“Artcryption”) Artcryption contact email: info@Artcryption.com

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using the Artcryption platform which is an online platform that provides users the ability to sell, manage and protect their intellectual property assets (the “Services”) and the website and Services hereinafter referred collectively as the “Platform” Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using the Platform, you agree that you have read and will abide by the Terms of Use outlined below. If you do not agree with the Terms of Use or our Privacy Policy which can be found at www.Artcryption.com/privacypolicy which terms are incorporated herein, please do not access this Platform or use the services provided herein. Failure to use the Platform in accordance with these Terms may result in civil and criminal penalties. If you do not agree to these terms, then you do not have permission to use the Platform. By using this Platform, Users expressly agree to be bound by these terms of use and confirm that they meet the following requirements noted below.

User Accounts

In order to use the Platform, Users shall be required to create an account. In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or twitter or Google accounts (each such account, a “Third-Party Account”). If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by 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. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) 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 such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTYSERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S)WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLEINFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.

If you choose to register with us directly then you must register for an account with us (an “Account”) and provide certain personal information such as name, email address, and password.

You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Source-wave website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower-case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.

You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.

When creating an Account, Users must not:

Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;

Use a username that is the name of another person with the intent to impersonate that person;

Use a username that is subject to rights of another person without appropriate authorization; or

Use a username that is offensive, vulgar or obscene or otherwise in bad taste.

We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at support@Artcryption.com.

You may not transfer or sell your account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Our Services are not available to temporarily or indefinitely suspended members. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.

One individual can own only one account in his/her name or an organization name.

You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement and the website policy documents published on the Website as well as all other operating rules, policies and procedures that may be published from time to time on the Website by Company.

During the pilot and prototyping phase of the Artcryption Platform, Users will have the option to test the creation of time-stamped digital fingerprints of the assets using the Ethereum blockchain or through using verifiable credentials instead of or in addition to the standard IPFS. The blockchain enabled feature during the pilot shall be in compliance with all applicable regulatory and securities laws and may change from time to time depending on regulatory guidance.

These blockchain-enabled options during the pilot can record permanent and immutable metadata such as the date of creation and record transactions such as purchases and transfers of ownership. The Users assets are never stored on the blockchain .

If Users decide to take this option, they will need to install MetaMask, an Ethereum wallet. In such instance, Users are responsible for the Ethereum gas costs which can fluctuate and Artcryption is not responsible or liable for these fluctuations. Users also accept and acknowledge that Artcryption will not be responsible for any communication failures, disruptions, errors, distortions or delays a User may experience when using the Ethereum network blockchain.

Definitions

This Platform (or this Website) means the property that enables the provision of the Service (as defined below) offered by Artcryption.

Account means the account created by the customers/users on this Platform in order to use the Service provided by Artcryption and requires information such as name, email address, password, contact number etc.

Agreement means the terms and conditions as set out herein including all exhibits, policies and any legally binding or contractual relationship between the Artcryption and the User, governed by these Terms, as amended, negated, supplemented, varies or replaced or updated from time to time.

Artcryption (or We) Is the legal entity that owns and operates this online Platform and/or the Service to Users to upload and protect, manage, sell and licence their, art, digital assets and intellectual property assets which includes artwork, images, graphics, music, audio, video, information and other materials (“Materials”) at www.Artcryption.com.

Service is the service provided by this Platform as described in these Terms and on this Platform.

Terms means all provisions applicable to the use of this Platform and/or the Service as described in this document, including any other related documents or agreements, and as updated from time to time. User (or You) means any natural person or legal entity using this Platform.

User Materials means all Materials that a User posts, uploads, publishes or submits or transmits to be made available through the Platform.

The official language of these terms shall be English.

The headings and sub-headings are merely for convenience and shall not be used for interpretation.

Refund and cancellation

All the payment made in regard to the purchase of “Services” will not be refunded or cancelled. We are not involved in any transaction between any parties who uses our site. There are risks which you assume when dealing with people who might be acting under false pretenses; all of these risks are borne by you. We are a venue only and do not screen or censor or otherwise control the offers made to other Users, nor do we screen or censor or otherwise control the Users of its service. We cannot and do not control the behavior of the participants on this site. We cannot control whether or not Users of our website will complete the transactions they describe on our site. IT IS EXTREMELY IMPORTANT THAT YOU USE CARE THROUGHOUT YOUR DEALINGS WITH OTHER PEOPLE ON THIS SITE. We do not assume responsibility for the content or context of the user comment areas/interactive areas /Forums and will not remove or edit postings to the public comments areas once they are entered into the service, except to expire records or in our sole discretion.

Access to external resources

Through this Platform, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Artcryption has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties’ terms and conditions or, in the absence of those, applicable statutory law.

Acceptable use

This Platform and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Platform and/or the Service violates no applicable law, regulations or third-party rights.

Service interruption

To ensure the best possible service level, the Artcryption reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Artcryption may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Artcryption will cooperate with Users to enable them to withdraw Personal Data or information in accordance with applicable law.

Additionally, the Service might not be available due to reasons outside the Artcryption’s reasonable control, such as “force majeure” (eg. labor actions, infrastructural breakdowns or blackouts etc).

Service reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Platform and of its Service without the Artcryption’s express prior written permission, granted either directly or through a legitimate reselling program.

Community Standards

Coming Soon!

Intellectual property

Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Platform are the exclusive property of the Artcryption or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks — nominal or figurative — and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Platform are, and remain, the exclusive property of the Artcryption or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property. Access to this Platform does not authorize anyone to use any name, logo or mark in any manner.

All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, videoclips and written and other materials that are part of this Platform (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Platform or any related software. All software used on this Platform is the property of our website or its suppliers and protected by Canadian laws.

You must not attempt to reverse engineer the Software or encourage or assist anyone else to do so; however, this restriction will not prohibit reverse engineering for interoperability in the European Union to the extent European Union law forbids such a restriction.

If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please inform us. We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to us. If you have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:

a. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
b. identification of the copyrighted work claimed to have been infringed;
c. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
d. Your contact information, including your address, telephone number and an email address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
f. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.

We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.

Notices regarding our website should be sent to: legal at info@artcryption.com.

The Services, and the information and materials that it contains, are the property of Artcryption and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Artcryption product names and logos are trademarks or registered trademarks of Artcryption Inc. All other company and product names and logos are trademarks or registered trademarks of their respective owners in certain countries. Nothing contained on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Services or any materials displayed on the Services through the use of framing or otherwise, except with the prior written permission of Artcryption.

Our website, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of www.Artcryption.com or any third party‚s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.

IP assets/content

Unless where otherwise specified or clearly recognizable, all content available on this Platform is owned or provided by Artcryption or its licensors.

Artcryption takes best efforts to ensure that the content provided on this Platform infringes no applicable legal provisions or third-party rights.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Users can use the Platform to register, manage and protect their intellectual property assets.

Users agree that they must comply with the following in order to use the Platform:

(a) Users are solely responsible for the files and metadata that they upload to the Platform which includes data, text, software, sounds, music, photographs, art, images, video or other media or materials (“Materials”).
(b) By uploading the Materials to the Platform, User grant Artcryption, its affiliates and subsidiaries, a worldwide non-exclusive, non-revocable, royalty-free, transferable, sub-licensable licence to post, reproduce, promote and distribute the Materials in any media format, including, without limitation, the right to modify, reproduce, broadcast, transmit, adapt, distribute, publish or otherwise use the Materials, as long as they are using the Service or as long as the Service requires such Materials to be used or stored but only to the extent necessary for Users to use and promote their Materials on the Platform. Artcryption may select certain publicly available content for promotion or to highlight on the platform. For greater clarity, the Users retain all rights to their intellectual property rights in the Materials.
(c) Users cannot claim a relationship with or to speak for any another user, business, association, institution or other organization for which you are not authorized to claim such a relationship.
(d) Users cannot violate any operating rule, policy or guidelines of your internet access provider or online service.
(e) Users cannot impersonate or use a false or misleading identity when registering on the platform.
(f) Users must comply with all municipal, provincial, federal and international laws and not be in violation of any such laws.
(g) Users are prohibited from interfering with another User’s use of the Platform.
(h) Users agree that they are prohibited from uploading content or Materials that are illegal or violate any applicable law, statute, ordinance, or regulation including the following:

a. Pharmaceutical or any other controlled substances b. Counterfeit or stolen assets. c. Assets or goods which do not exist. d. Assets that infringe or violate anyone’s rights. e. Any content which in our sole discretion is offensive or inflammatory or otherwise inconsistent with out standards of business ethics.
(i) Users are prohibited from using bots, auto-clickers, hacks or exploits in the use of the Platform or engage in any conduct prohibited by Artcryption’s rules and policies.
(j) User are prohibited from
(k) Interfere with or disrupt the Services (including any security-related features) or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures.
(l) Intentionally or unintentionally violate any applicable local, state, national or international law or regulation.
(m) Resell the content of the Services, the use of the Services or access to the Services or the content of the Services.
(n) Share Artcryption-issued passwords with a third party or encourage another Artcryption user to do so.
(o) Misrepresent the source, identity, or content of information transmitted via the Services, (such as claiming a created work as your own that is not actually yours).
(p) Use or encourage others to use the Services for any illegal or inappropriate purpose (such as sharing accounts – all accounts are for one user only).
(q) Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services.
(r) Modify the Services for your own personal or commercial purposes, including but not limited to, altering, adapting, licensing, sublicensing, or translating the Services.
(s) Attempt to circumvent our language filters which are in place to prevent derogatory remarks.
(t) Engage in any other conduct otherwise prohibited by these Terms.

Users are prohibited from uploading, posting or adding content that contains the following:

(a) Content that any intellectual property or other proprietary rights of any party including the right of privacy or publicity
(b) Content that a User does not own or have the rights to make available.
(c) Content that contains any falsehoods, misrepresentations, misleading or deceptive including impersonating another party or impersonating yourself as an adult when you are a minor
(d) Content that is not being used for the purpose of the platform as is unsolicited advertising, promotions, junk mail, spam, chain letters, pyramid schemes or other form of solicitation
(e) Content that contains any material that contains software viruses or an other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data of the Services or that of an users or viewers of the Services or that compromises a User’s privacy.
(f) Content that is defamatory, threatening, abusive, pornographic, sexually-explicit, invasion of privacy, ethnically objectionable, misleading, harassing, racist, advocating violence, hate, vulgar, obscene, unlawful, libelous, defamatory, fraudulent, inaccurate, unfair threatening, disparaging, false or contains unsubstantiated claims or otherwise objectionable material.
(g) Content that violates the privacy rights of any third party.
(h) Content that is vulgar, profane, abusive, racist, hateful or in poor taste or encouraging conduct that would constitute a criminal offense, give rise to a civil liability or otherwise violate local, municipal, provincial or federal laws.
(i) Content that consists of an inflammatory attack of a personal, racial or religious nature.
(j) Content that is discriminatory on the basis of race, religion, national origin, gender, age, marital status, sexual orientation, gender identity or disability.
(k) Content that violates or encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance.
(l) Content that is meant to stalk or harass third parties.
(m) Content or information, software or other material which violates or infringes the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the copyright owner.
(n) Content or information, software or other Material which contains a virus or other harmful component. You also agree and confirm that you will use the services provided by the Platform, website, its affliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Platform and transacting on the Platform.

You will not import, export, re-export, transfer or otherwise use the Software or Service in violation of these laws and regulations, including by engaging in any unauthorized dealing involving (i) a U.S. embargoed country (currently Cuba, Iran,North Korea, Sudan and Syria), (ii) a party included on any restricted person list, such as the OFAC Specially Designated Nationals List, or the Commerce Department’s Denied Persons List or Entity List, or (iii) the design, development, manufacture, or production of nuclear, missile, or chemical or biological weapons. By using the Software and Services, you represent and warrant that you are not located in any such country or on any such list.

You will not engage in activity that would cause Artcryption to be violation of these laws and regulations, and will indemnify Artcryption for any fines, penalties or other liabilities incurred by Artcryption for your failure to comply with this provision.

You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and bar you from using the Services of our website and / or other affiated websites without prior intimation whatsoever.

That you are accessing the services available on this Platform and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Platform.

It is possible that the other users (including unauthorized/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the Website and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the website you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the website. Please carefully select the type of information that you publicly disclose or share with others on the Website.

Partner terms of service

Artcryption abides by the terms of service of our platform partners including, but not limited to, Facebook, Apple, Google, Android, and RIM. You have read and acknowledge that you abide by the terms of service for the respective platform partner through which you are accessing our Services. Please be aware of their terms and do not violate them as it may result in a ban.

Modifications and changes to these terms

Artcryption reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Artcryption will appropriately inform the User of these changes.
Such changes will only affect the relationship with the User for the future.
The continued use of the Service will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User‚s acceptance. The User can obtain any previous version from the Artcryption.

The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the “Terms”). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the “Terms and Conditions” link that appears at the bottom of the Website.

This website reserves the right to recover the cost of services, collection charges and lawyer’s fees from persons using the Platform fraudulently. This website reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or acts or omissions in breach of these terms and conditions.

Assignment

The Artcryption reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User’s legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Artcryption.

Security

Although we take reasonable steps commensurate with a free, temporary, public-interest Platform to ensure the security of this Platform, there are inherent risks associated with the use of electronic means of communication. Therefore, do not submit sensitive personal or business information through this Platform. The possibility exists that information could be unlawfully observed by a third party while the data is being transmitted over the internet or while stored on cloud-based servers, or subject to access and review by law enforcement or other authorities. We accept no liability if any other persons obtain the information you submit to this Platform.

You are prohibited from violating or attempting to violate the security of the Platform, including, without limitation: (a)accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding,” “spamming,” “mail-bombing” or “crashing;” (d) sending unsolicited email, including promotions and/or advertising of products or services; or(e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on this Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Platform other than the search engine and search agents available from us on this Platform and other than generally available third-party web browsers.

No warranties and limitations

Your use of the Platform is at your own risk. To the fullest extent allowed by law, the Platform is provided to you on an “as is,” “as available” basis without warranty of any kind whether express, statutory or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, systems integration, accuracy, and non-infringement, all of which we expressly disclaim. We have no duty to update the content of the Platform.

Artcryption does not represent, warrant or offer any condition that:

(i) the information or materials on the services are correct, accurate, reliable or complete;
(ii) the functions contained on the services will be uninterrupted or error-free;
(iii) defects will be corrected or
(iv) the services of the server(s) that make it available are free of viruses or other harmful components.

Artcryption specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by usage of trade, course of dealing or otherwise including but not limited to any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the services is at User’s own discretion and risk and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such materials. Artcrypto does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any content or materials provided through the services, any products or services advertised or offered by any third party through the services or in respect to any services that can be reached from a link on the services or featured in any banner or other advertising on the services, and Artcryption shall not be a party to any transaction that you may enter into with any such third party.

We will not be held responsible for any damage resulting from any virus, worm or other destructive or invasive computer program relating to use of this Platform. We do not warrant that any security defects, vulnerabilities or errors on the Platform will be identified or remedied. We specifically disclaim any liability, whether based in contract, tort, negligence, strict liability or otherwise, for any direct, indirect, incidental, punitive, consequential, or special damages arising out of or in any way connected with access to, use of or reliance on the Information (even if we have been advised of the possibility of such damages) or that arise in connection with mistakes or omissions in, or delays in transmission of, information to or from the user, any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission or delivery, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of records, programs or files, interruptions in telecommunications connections to the Platform or viruses whether caused in whole or in part by negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorized access to the Platform or the content.

To the maximum extent permitted by law, you agree that you will not seek to hold us liable:
• directly or indirectly in contract, tort, equity or otherwise for any damage (including direct, indirect, incidental, consequential, special, punitive, exemplary and aggravated damages and damages for loss of use, profits or revenue) or other remedy whatsoever in connection with this Platform; and
• to you or anyone else for any loss or damage, however caused which may be directly or indirectly suffered in connection with Platforms, services, actions or omissions of other entities that are hyperlinked from this Platform.

Notwithstanding the foregoing, if we should be found liable for any loss or damage which arises out of or is in any way connected with any of the services or uses of the Platform or the information, our total liability for all damages, losses and causes of action, whether in contract, tort (including, but not limited to, negligence), or otherwise shall in no event exceed in the aggregate the amount paid by Users to Artcryption for the term period that there is any loss or damage to a Users Materials.

RELEASE
Users agree to release Artcryption (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) from claims, demands, and damages arising out of or in any way connected with the of the Services or any third party transactions. Users further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

The Platform is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the use of the Platform.

Users agree not to hold Artcrypton responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of or the inability to use our Platform, Website, Services and tools; Delays or disruptions in the use of the Platform, Website, Services, or tools; viruses or other malicious software obtained by accessing the Platform, Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools; Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them; The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items. A suspension or other action taken with respect to your account; and to the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Platform, its services or this User Agreement. Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this USERAGREEMENT WHETHER IN TORT OR CONTRACT IS LIMITED TO THE AMOUNT PAID BY YOU during the period of issues with your account.

Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Platform or that the operation of the Platform will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform; and/or any interruption or errors in the operation of the Platform.

The Platform periodically schedules system downtime for the Platforms for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Platforms; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, mis-delivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Platforms, any Internet service providers or otherwise.

User understands and agrees that any information or material and/or goods or services obtained through the service is done at user‚s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.

No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.

Indemnity

By accessing the website or Platform, Users agree to indemnify us and save Artcryption harmless from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, resulting from or related to:
(a) your breach of any of these Terms (including any terms incorporated by reference);
(b) your access to or use of this Platform and failing to abide by your obligations hereunder; or
(c) your use or reliance on, publication, communication or distribution of anything on or from this Platform
(d) arising out of any Materials or content submitted, posted, transmitted or made available by you through the services;
(e) any violation of intellectual property rights and the rights of publicity or privacy or claim of libel, defamation, violation of the rights of privacy or publicity, loss of service by others and
(f) failure to pay the fees and expenses hereunder to Artcryption, its partners, users or third parties or of any statutory dues and taxes. This clause shall survive the expiry or termination of these Terms.

Links to third party websites

The Services may contain links to other Services that are not owned or controlled by Artcryption.
Artcryption is not responsible for the content of any linked Services. Any third-party Services, or services accessed from the Services, are subject to the terms and conditions of those Services, and You are responsible for determining those terms and conditions and complying with them.

No partnership

You agree that no joint venture, partnership, employment, referral or agency relationship exists between us as a result of these Terms, our Privacy Policy or any use of the Platform.

Applicable laws

These Terms and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable within Alberta without regard to conflict of law provisions. The Provincial Court of Ontario will have exclusive jurisdiction to resolve any disputes relating to these Terms.

Termination

We may at any time without notice, terminate, suspend or cancel your access to and use of the Platform and related services at our sole discretion, at any time and without notice to you, including if you do one of the following:
(a) if you infringe the rights of any third party in any manner
(b) if we receive a notice of copyright infringement pursuant to the DMCA (US) or Notice and Notice provisions in Canada, we reserve the right to remove you as a User or your content from our platform. You have the right to submit a counter-notice to info@Artcryption.com. If we receive a notice of copyright infringement, we will forward it to you.
(c) If you falsify your identity or the accuracy of any information uploaded to the platform.
(d) You do not provide true, accurate or complete information regarding your profile or your Materials. You may change your profile page and remove your Materials at any time.
(e) breaches or violations of the Terms or any other agreement that you may have with Artcryption (including, without limitation, non-payment of any fees owed in connection with the Services)
(f) requests by law enforcement or other government agencies
(g) a request by You
(h) discontinuance or material modification to the Services (or any part thereof)
(i) unexpected technical, security or legal issues or problems, and/or
(j) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Services may also include removal of some or all of the materials uploaded by You to the Services.

We will try to inform you regarding the termination of your account in order to provide you with the opportunity to retrieve your data, but this may not always be the case in situations where there are repeated or flagrant violation of these Terms, a court order, or danger to other users.

You acknowledge that if your access to the Platform is suspended or terminated, you may no longer have access to your data and Materials that are stored with the Platform.
You may ask us to remove your information at any time in accordance with privacy and GDPR laws. We will fulfill such removal requests promptly, commensurate with reasonable expectations for a free, temporary, public interest Platform operated by volunteers. Without limiting any other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts and prohibit access to the Platform. We may also remove content or Materials and take technical or legal action against any violation of these Terms. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of a year, or to modify or discontinue our site, services.

You acknowledge and agree that all terminations may be made by Artcryption in its sole discretion and that Artcryption shall not be liable to You or any third-party for any termination of Your access to the Services or for the In the event that your account is terminated or cancelled by you or by Artcryption, no refund will be granted and you will no longer have access to Platform Content. Any termination of these Terms by Artcryption shall be in addition to any and all other rights and remedies that Artcryption may have.
ACCOUNT STATUS. Any of the prohibited activities set out above may result in the deletion of your Materials and content and may result in your account being temporarily or permanently limited, blocked, suspended or terminated, depending on the severity of the violation, or any other sanctions Artcryption deems appropriate.
Artcryption may alter, suspend, or discontinue the Services at any time and for any reason without notice. The Services may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Artcryption may periodically add to or update the information and materials on the Services without notice. Artcryption reserves the right to change and update the Games as and when Artcryption wishes to or deems it necessary.

Entire agreement

The Terms constitute the entire agreement between us with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, with respect to this subject matter. Our failure to insist upon or enforce strict performance of any provision of the Terms or any right shall not be construed as a waiver of any such provision or right. We reserve the right to modify the above Terms at any time without notice.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

Please read our privacy policy at the Artcryption Privacy Policy for more information.

Minors and eligibility of users on the platform

Use of the Platform is available only to persons who can form legally binding contracts under applicable law. If you are a minor under the age of 18 years but at least 13 years of age, you may use this Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If your age is below that of 18 years your parents or legal guardians can transact on behalf of you if they are registered users.

Our website reserves the right to terminate your membership and refuse to provide you with access to the Platform if we discover that you are under the age of 18 years. The Platform is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.

Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website, you agree to be bound by the Terms and Conditions.

Enforceability

If any part of these Terms is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Artcryption to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Artcryption must be in writing and shall only apply to the specific instance identified in such writing.

Dispute between users on the platform

If there is a dispute between participants or users on this site, we or our website shall be under no obligation to become involved. In the event that you have a dispute with one or more Users, you hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.

Privacy

All Personal Information and User Generated Content provided to or displayed on the Platform and Services are subject to our Privacy Policy.

Legal Compliance

In addition to this Agreement, you must familiarize yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our Services. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful. You alone, and not we, are responsible for ensuring that the services and any other activities conducted on the website are lawful. You must ensure that they comply with all applicable laws in Canada and the United States of America and all other countries. You are responsible for compliance with all country, state and federal regulations relating to this Platform.

Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third-party Websites linked to this site, you do this entirely at your own risks.

Force majeure

We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
a. acts of god;
b. natural disasters;
c. sabotage;
d. accident;
e. riot;
f. shortage of supplies, equipment, and materials;
g. strikes and lockouts;
h. civil unrest;
i. Computer hacking; or
j. malicious damage.

Content

All information, data, messages or other materials, whether publicly posted or privately transmitted to the Services, is the sole responsibility of such viewers or users. Artcrytion does not control such content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Services, they may be exposed to materials that are offensive, indecent or objectionable.

Feedback & suggestions

If a User provides Artcryption with any suggestions, comments or other feedback (“Feedback”), Artcryption may use such Feedback in the Services or in any other Artcryption products or services. Accordingly, You agree that:
(a) Artcryption is not subject to any confidentiality obligations in respect to the Feedback,
(b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Artcryption,
(c) Artcryption (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback, and
(d) You are not entitled to receive any compensation or re-imbursement of any kind from Artcryption or any of the other users of the Services.

No waiver

The Artcryption’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.