Terms of use of platform

Terms of Use for the “GetYourArts” Platform and Mobile Application

 

These Terms of Use for the “GetYourArts” platform and mobile application (hereinafter referred to as the Terms) apply to regulate the relationship between You as a user (hereinafter referred to as the User and/or You) of the “GetYourArts” platform located at https://getyourarts.com (hereinafter referred to as the Platform) and GET YOUR ARTS LTD, registration number 15962046 (hereinafter referred to as GET YOUR ARTS and/or We, and/or Us), with the main office at 71-75 Shelton str., Covent Garden, London WC2H 9JQ, United Kingdom. These Terms are applicable: (i) during the registration process on the Platform and (ii) when the User uses the Platform.

 

The User must create an account in accordance with Section 2 of these Terms to receive and/or purchase the services provided or offered by GET YOUR ARTS listed on the Platform (hereinafter referred to as Services).

 

These Terms exclusively govern Your use of the “GetYourArts” mobile application (hereinafter referred to as the App) and the Platform. These Terms also constitute a binding legal agreement between You as a User of the App and the Platform (collectively referred to as Access) and Us as the provider of access to the Platform and App.

 

These Terms do not govern issues related to the Services provided by GET YOUR ARTS. To use a specific Service, the User must separately review and agree to the terms of use for that specific Service.

 

To be able to use the Access, you must comply with these Terms. By downloading, accessing, and/or using any part of the Access, and/or registering or participating in the App and/or Platform, you agree to comply with these Terms and acknowledge and agree with our data processing activities described in our Privacy Policy.

 

1. Application and Modification of Terms

 

• Each time You use the Access, You must review the updated Terms.
• Every time You log in to the App and/or Platform or otherwise use them, You are entering into a new agreement with Us, governed by the current Terms. We have the right to inform you about new Terms by posting them on the App and/or Platform or by any other reasonable means We choose.
• Continued use of the Access after such notification will be considered as Your agreement to the updated Terms.
• If You register or start using the Platform and/or App, separate and/or additional terms of use, as well as the Privacy Policy, may apply. If these Terms conflict with additional terms, the latter will prevail unless otherwise explicitly stated.

 

2. Creation of the Account

 

2.1.  To create a user account on the Platform or using the App (hereinafter referred to as the Account), the User:

2.1.1. must be a natural or legal person or other organization, or a branch of a legal entity or other organization engaged in lawful business activities; and

2.1.2. if the User is a natural person, s(he) must be over 18 years old. If You are between 16–18 years old, You can create an Account only under the supervision of parents or legal guardians who have read, understood, and agreed to comply with these Terms on Your and their behalf.

2.2.  When creating an Account, the User must provide all the requested information in the registration form and, if required, upload the requested documents. The User may also be asked to provide certain basic personal data, such as name, email address, phone number, and password. Users who register on the App and want to use all the Services, may be required to submit copies of documents proving their identity. Detailed information about all processed personal data can be found in our Privacy Policy.

2.3.  During registration, the User confirms that he/she has read and understood these Terms and the Privacy Policy applicable to the processing of their personal data.

2.4.  After completing the registration form, the User must activate his/her Account by confirming the email address provided during registration. Only after the Account is activated the User will be assigned a personalized Account on the Platform.

2.5.  By creating an Account, You agree to the use of (i) electronic means to complete the registration form and to provide any notices under the Terms, and (ii) electronic records to store information related to the Terms or Your use of the Access.

 

3. Rules for Using Access

 

3.1. You are prohibited from:

(a) copying, modifying, or distributing the Access or the content accessible through it for any other purposes;

(b) transferring, sublicensing, renting, lending, or otherwise distributing the Access or the content accessible through it to third parties;

(c) copying, decompiling, or creating derivative works related to the Access or the content accessible through it;

(d) conducting competitive analysis using the Access or the content accessible through it to develop, offer, or use a competing service or product, or in any way that harms GET YOUR ARTS commercial activities;

(e) engaging in activities that interfere with other users’ ability to reach the Access or that disrupt its proper functioning, or that otherwise harm the Access, Us, other Access users, or third parties;

(f) tampering with or bypassing any Access security features (including digital rights management mechanisms or other content protection or access control measures) or any features that restrict the use of the Access;

(g) attempting to gain unauthorized access to the App and/or Service, other computer systems, or networks connected to the Access using password extraction or other means;

(h) using multiple Accounts for a single user on one device; or

(i) using the Access or the content accessible through it in any illegal way or for a purpose contrary to the Terms and/or applicable laws.

 

3.2. By agreeing to these Terms, You agree not to use the Access to:

3.2.1. Upload, download, post, transmit, email, save, or otherwise make available content that is illegal, offensive, threatening, harmful, defamatory, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racist, or ethnically offensive, violates third-party rights, or is otherwise reasonably unacceptable;

3.2.2. Make any modifications to the content of the Platform and/or App (except to the extent allowed for Your specific use of the Access, if applicable);

3.2.3. Upload or transmit computer viruses, Trojan horses, worms, or anything else that disrupts or interrupts the normal operation of computer procedures;

3.2.4. Insert any code or product to manipulate the content of the Platform and/or App in a way that negatively affects any Access user’s experience;

3.2.5. Use the content of the Platform and/or App in a manner that creates the impression of unlawfulness concerning GET YOUR ARTS or its licensors’ products, services, or trademarks;

3.2.6. Request personal or other information from any person, including other Access users;

3.2.7. Impersonate another person or entity or falsely state Your affiliation with a person or entity;

3.2.8. Plan or engage in illegal activities and/or collect and store personal information about other Access users with the intent to use such data for any of the aforementioned prohibited activities.

 

3.3. You are not granted any rights, either explicitly or implicitly, including intellectual property rights, which belong to or are managed by Us or our licensors.

 

4. Changes to Services Offered on the Platform

 

4.1. We reserve the right, in accordance with applicable laws:

(a) to modify or discontinue the operation of the Access or any part thereof at any time for all or specific Users (e.g., by refusing to provide access to the App and/or Platform or canceling membership or an Account);

(b) to modify or discontinue the Services or products offered on the Platform and/or App. We may do so without prior notice (unless notice is required by law). We will notify You of changes and/or send You written notice of changes to the Terms, where required by applicable law. Continued use of the Access will be deemed acceptance of the updated Terms.

 

5. Links to Other Websites

 

5.1. We are not responsible for third parties or their content, advertisements, applications, or websites (hereinafter referred to as Third-Party Services). Our Platform and/or App may contain links allowing Users to visit third-party websites not managed by Us. These links are provided for convenience only.

5.2. We do not control these external websites and do not guarantee their content. You assume full responsibility for using Third-Party Services and completely release Us from any liability. Under no circumstances can a hyperlink, content, or other feature provided or intended for Third-Party Services be interpreted as Our endorsement or partnership with the owner of such a website. When using Third-Party Services, You are subject to their rules and terms. Moreover, You may not create links to the Platform and/or App from other websites without our explicit permission.

5.3. If You use the App via iOS, Android, or another system, this is considered a Third-Party Service. If You access the App through iOS and/or Android, please note the additional terms and conditions applicable to You as part of these Terms.

 

6. User Obligations, Restrictions, and Liability

 

6.1. Without limiting the provisions set out in Section 3 of the Terms, the User is also prohibited from trading their Account and/or renting it to third parties, creating fake Accounts, or providing false, illegal, and/or misleading information during registration.

6.2. The User may not allow third parties to use the Account, except for those specifically authorized by the User. If the User transfers access to their Account or allows any third party to use their Account, the User assumes full responsibility for any illegal or unwanted actions carried out by those third parties using the Account, including any data (information) changes, new orders related to the Services, or other activities. The User, in this case, also assumes all resulting losses and/or damages caused by these third parties to the User, GET YOUR ARTS, and/or its partners and/or any other third party.

6.3. The User agrees to keep the Account login data, including the Account password, confidential and not to disclose it to any third party, except for authorized persons. The User assumes full responsibility for the security of their Account, including the confidentiality of the Account login data.

6.4. The User is responsible for access to, control over, and security of the Account and is liable for all actions performed on and using the Account, whether or not the User has authorized them. The User agrees to immediately notify GET YOUR ARTS of any inappropriate and/or illegal use of the Account. We are not responsible for any losses or damages arising from non-compliance with these requirements.

6.5. The User guarantees that they have all the necessary rights and permissions to provide the appropriate information on the Account and that such content does not violate the rights of any third party.

6.6. The User agrees to periodically check and update the data provided in the Account to ensure its accuracy and relevance.

6.7. The User agrees to familiarize themselves with and accept the Platform’s Privacy Policy and data processing rules governing the processing and storage of their personal data.

6.8. In the event of a breach of the provisions set out above in this section or any other Terms provisions, GET YOUR ARTS has the right, at its discretion, to take appropriate action, including but not limited to temporary or permanent Account restrictions or termination of the User’s access to the Platform.

6.9. GET YOUR ARTS may remove any content that violates these Terms without prior notice to the User.

 

7. Penalties

 

7.1. If the User violates these Terms, GET YOUR ARTS has the right to demand contractual penalties as specified in these Terms and in the List of Penalties and Additional Charges (the “List)), which can be found on the App and the Platform (hereinafter referred to as Additional Charges). Payment of Additional Charges does not relieve the User from the obligation to fulfill the relevant obligations set out in these Terms. The User, at GET YOUR ARTS’s request, pays Additional Charges to GET YOUR ARTS:

(a) for creating a fake or illegal Account, creating an Account using illegal or misleading information, including third-party personal data, contact information, or other types of information;

(b) for other violations and offenses as specified in the List, which GET YOUR ARTS may unilaterally update by notifying You.

7.2. GET YOUR ARTS’s right to claim additional compensation under statutory conditions remains unaffected. However, Additional Charges are offset against any other claims.

7.3. GET YOUR ARTS reserves the right, at its discretion, to reduce the amount of Additional Charges, taking into account the consequences of each violation and other relevant circumstances.

7.4. By using the Platform and/or App, You agree to indemnify, defend, and hold GET YOUR ARTS, its affiliates, and its directors, officers, owners, employees, agents, contractors, licensors, licensees, and third-party suppliers (hereinafter referred to as GET YOUR ARTS Parties) harmless from all and any losses, damages, liabilities, and claims, and all related fees and expenses of any kind (including but not limited to reasonable attorneys’ fees) incurred by GET YOUR ARTS and its Parties due to any claims arising from Your use of the Access.

7.5. If you are liable for damage caused, GET YOUR ARTS reserves the right to implement exclusive defense and control over any such matter at its own expense, and You may not in any way settle the matter without GET YOUR ARTS’s written consent.

 

8. Termination

 

8.1. The Terms are concluded for an indefinite period. The User may delete their Account at any time by doing so on the App and/or Platform. However, upon closing/deleting the Account, the User’s contractual obligations under concluded agreements and contracts, including contracts with GET YOUR ARTS Parties, remain valid until they are terminated separately in the manner specified in the said contracts and agreements.

8.2. If You violate these Terms and/or otherwise deliberately attempt to misuse Your Account, GET YOUR ARTS may immediately cancel Your Account. We reserve the right to cancel the Account of any person who exhibits threatening, unfair, or other illegal behavior towards GET YOUR ARTS or its employees and/or representatives.

8.3. We will delete Your Account if You do not log in to the account for 6 (six) months and have no contractual relations associated with Your Account. If you wish to continue using GET YOUR ARTS Services, You will need to create a new Account again.

 

9. WARRANTY DISCLAIMER

 

9.1. GET YOUR ARTS, its affiliates, their service providers, and licensors do not undertake or guarantee the functionality, performance, or condition of the Platform and/or App, their suitability for use, or that their use, as well as any information or material, including any downloadable software, available from the Platform and/or App or through them, will not result in disruptions or will be implemented without errors. GET YOUR ARTS does not guarantee or undertake that any errors on the Platform and/or App or related errors will be corrected or that any server from which the Platform and/or App is managed will not be affected by viruses or other harmful components. Furthermore, GET YOUR ARTS does not make any representations or warranties related to any products and/or services available or advertised on the Platform and/or App. To the extent permitted by law, GET YOUR ARTS, its affiliates, and their service providers and licensors disclaim all express or implied obligations, warranties, and conditions arising from statutes, customs, course of conduct, or any other means associated with any products and/or services available or advertised on the Platform and/or App. Without limiting the foregoing, GET YOUR ARTS, its affiliates, and their service providers and licensors disclaim any representations, warranties, and conditions relating to any service, including the Platform, App, their content, and any products and/or services available or advertised through the Platform and/or App (hereinafter referred to as Company Offerings) as to non-infringement, merchantability, and fitness for a particular purpose with respect to any service. Except as expressly provided in these Terms, the Company Offerings are provided to you “as is”, “as available”, “with all faults” and GET YOUR ARTS does not make or provide any representations, warranties, or conditions, whether express or implied, written or oral, statutory or otherwise, including but not limited to (i) warranties of uninterrupted or error-free browsing, as well as privacy or security (ii) representations about GET YOUR ARTS’s offerings accessible through software used on the Platform and/or App or through them or otherwise, as well as any hyperlinks to third parties or other third-party services accuracy, suitability, or completeness, or (iii) warranties of merchantability, quality, title, durability, non-infringement, or fitness for a particular purpose or purposes arising from commerce or use in commerce. These exclusions supplement any specific exclusions specified in other provisions of these Terms.

9.2. Since the laws of certain countries do not allow the exclusion of certain warranties, these exclusions may not apply to you.

 

10. LIMITATION OF LIABILITY

 

10.1. GET YOUR ARTS Parties shall in no way be liable for damage or loss arising from viruses, data corruption, incorrect messages, damage arising from transmission errors or problems due to telecommunication service providers, GET YOUR ARTS’s contractors or service providers, internet networks, third-party product or service providers’ fault, as well as damage or loss caused by you or your relevant employees, agents, representatives, or subcontractors, damage or loss arising from product/service price or related errors, damage and loss due to product-related errors, modifications, missing products, inaccurate product-service descriptions, or other events reasonably beyond GET YOUR ARTS ‘s control.

10.2. If, despite the above limitations, GET YOUR ARTS is liable for any damage or loss related to the Platform and/or App and arising for any reason (including but not limited to negligence, gross negligence, or other), GET YOUR ARTS shall in no way be liable in full, and its total liability shall not exceed 10,000 GBP.

10.3. If you disagree with these Terms, your sole and exclusive remedy is to stop using the Platform and/or App and terminate your access to the Platform and/or App.

10.4. The laws of certain countries may not allow the limitation of stated warranties or the exclusion or limitation of certain losses. If you are subject to these laws, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and/or you may have additional rights.

 

11. Intellectual Property

 

11.1. Content provided in the Access, including but not limited to text, images (except for images of art/artworks published solely by the artists on their Accounts), illustrations, photos, audio, and video clips, belongs to GET YOUR ARTS.

11.2. We do not assume responsibility and do not guarantee that such material does not infringe the rights of other persons or entities.

11.3. The content of the Access is protected by applicable trademark laws and international treaties. Any illegal use of the content, including reproduction, distribution, redistribution, transmission, retransmission, public announcement via telecommunication means, translation, distribution to the public, or downloading, is prohibited without GET YOUR ARTS prior written permission.

11.4. Intellectual property displayed in the Access belonging to Us, our affiliates, or third parties are the property of their respective owners. The use of such intellectual property without GET YOUR ARTS or the relevant owners’ prior written permission is prohibited. No Access element can be interpreted as granting the right to use or duplicate intellectual property without GET YOUR ARTS or the respective intellectual property owner’s explicit written consent.

 

12. Monitoring

 

12.1. We may monitor Your access to the Platform and/or App and other activities related to the Platform and/or App and may intervene in this matter in accordance with our Privacy Policy.

12.2. In this regard, GET YOUR ARTS makes no representations or warranties.

 

13. Access Security

 

13.1. The use of Access is allowed only for the purposes specified in these Terms.

13.2. You are prohibited from attempting to access data that is not intended for You, testing the vulnerability of GET YOUR ARTS systems and solutions, compromising their security, performance, or efficiency, and sending unsolicited emails, including advertisements.

13.3. All actions mentioned above in this section are illegal and may lead to civil or criminal liability.

 

14. Governing Law and Jurisdiction

 

14.1. These Terms, general disputes, intellectual property disputes, and any other claims related to Access and its content shall be resolved and interpreted in accordance with the laws of England and Wales.

14.2. Any disputes, claims, or accusations related to or arising from our services, Access, and its content, as well as these Terms, which cannot be resolved through negotiation, shall be settled in the competent courts of England and Wales.

 

15. Other Important Terms

 

15.1. If any provision of these Terms is declared invalid, illegal, void, or unenforceable by a decision of a competent court or arbitrator, such provision shall be deemed severed from these Terms, and such invalidity shall not affect the validity and enforcement of the remaining provisions of these Terms.

15.2. The User as a consumer (if applicable) has the right to mandatory legal protections that would be applied even if these terms were not present in the Terms.

15.3. If these Terms are presented in another language, the English version takes precedence.

15.4. We may transfer our rights and obligations under these Terms, in whole or in part, to any party at any time without notice. This right is not granted to You, and You cannot transfer Your obligations under the Terms without GET YOUR ARTS prior written consent.

15.5. You consent to receive notices or otherwise respond via mail or email (if We have this information on file) or by any other reasonable method We choose. If You have questions regarding the Service, You can contact GET YOUR ARTS by email, phone, or mail using the contact information provided below.

 

You can reach Us at:

• Email: customerservice@getyourarts.com;
•  

 

Effective as of [January] [06], 2025.