Throughout this Agreement, we may use certain words or phrases, and it is important that you understand the meaning of them. The list is not all-encompassing and no definition should be considered binding to the point that it renders this Agreement nonsensical;
“Agreement” refers to these Terms of Service;
“App” refers to our mobile software application;
“LiveArtSocial” refers to our company, known as “Big Book of Art Ltd”, company number 10200557, whose registered office is at 73 Watling Street, London EC4M 9BJ, United Kingdom; our Site; our App; our Service; or a combination of all or some of the preceding definitions, depending on the context in which the word is used;
“Service” refers to the services that we provide, including our App and our Site itself;
“Site” refers to our website, www.liveartsocial.com;
“User” refers to anyone who uses our Service, including users of our App and general visitors to our Site;
“User Content” refers to art spottings, location information, pictures, comments, likes, ratings and all other content added, uploaded, submitted, distributed, shared or posted through the Service by a User;
“You” refers to you, the person who is entering into this Agreement with LiveArtSocial.
3. How LiveArtSocial Works
LiveArtSocial is a by invitation only network for Art professionals and Art collectors & enthusiasts around the world. The App Users can sign up with an invitation, create posts, find people nearby and connect, find events nearby, add events to their agenda, electronic tickets and VIP programs of art events, and message in a secured chat. LiveArtSocial also has an Event Management Operating system linked to the App, which is part of the client solution.
4. Service Messages and Notifications
You agree that we may provide notices to you via banners on the Service, or an email sent to an address you have provided, or through other means. If your contact information isn’t up to date or your settings are incorrect then you may miss out on these notices.
5. Eligibility and Registration
In order to use our Service, you must meet a number of conditions, including but not limited to:
You must not be in violation of any embargoes, export controls, or other laws of the England and Wales or other countries having jurisdiction over this Agreement, LiveArtSocial, and yourself.
You must have the consent of your parents or your legal guardian to use the Service, if you are underage.
You may browse the Site without registering, but you will not be able to use our App or certain other aspects of the Service, you are required to register with LiveArtSocial and represent, warrant and covenant that you will provide LiveArtSocial with accurate, truthful and complete registration information and to keep your registration information accurate and up-to-date.
You must provide us with personal information and other information that we may deem necessary to provide you with our Service.
LiveArtSocial reserves the right to refuse registration of, or cancel an existing account its sole discretion. You are solely responsible for maintaining the confidentiality of your LiveArtSocial password. You shall will immediately notify LiveArtSocial in writing of any unauthorised use or other security breaches in respect of the account of which you are aware.
6. Nature of Service
We make no assurances of uninterrupted and continuous availability of our Service. The Service might be unavailable or operate incorrectly from time to time due to technical, legal, security, or other issues, for which you agree to hold LiveArtSocial harmless. Without limitation on the foregoing, we endeavour to inform Users in good time as far as possible about any maintenance work that we anticipate might affect the availability or proper functioning of our App and Service in general.
All content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such content. LiveArtSocial cannot guarantee the authenticity of any content the users or our partners provide about themselves, events or other matters. You acknowledge that all content accessed by you using the Service is at your own risk and that you will solely be responsible and liable for any damage or loss to you or any other party resulting therefrom.
8. Rules of Use
You must not:
- Violate the laws of England and Wales or any foreign political entity having jurisdiction over this Agreement, whether or not the foreign political entity is a country or a subdivision (such as a state or province) or municipality (such as a city, town, county, or region) of a foreign country.
- Post or send anything violent, threatening, pornographic, racist, hateful, or which you know is false, misleading, untruthful, inaccurate or otherwise objectionable according to the opinion of LiveArtSocial.
- Infringe on anyone’s intellectual property rights, defame anyone, impersonate anyone, or otherwise violate the rights of a third party.
- Hack, crack, phish, SQL inject, or otherwise compromise the security or integrity of the LiveArtSocial, Service, or its Users’ hardware.
- Do anything else which could bring LiveArtSocial into disrepute or violate the rights of any person.
9. Limited License
You agree that you are receiving a license to use one copy of our App on a device for which it is intended. You must not attempt to reverse engineer, copy, or otherwise tamper with or distribute our App. We may revoke our license to you at any time without any compensation to you by notifying you of the revocation, at which point you agree you will take all necessary measures to remove our App and any of its derivative data from any device under your possession or control.
10. Third Party Charges
You may be assessed additional charges by third parties for using our App, such as data charges. You agree that LiveArtSocial is not liable to you for the payment of such charges and you are advised to review your contract with your mobile service provider in order to avoid any unexpected fees.
11. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on the Site without receiving our prior written permission.
12. Revocation of Consent
We may revoke our consent for your use of our intellectual property, or any other permission granted to you under this Agreement, at any time. You agree that if we so request, you must take immediate action to remove any usage of our intellectual property that you may have engaged in, even if it would cause a loss to you.
13. License and Consent
By submitting any User Content on the App, Site or otherwise through the Service you herby grant to LiveArtSocial a non-exclusive, royalty-free, fully paid license to carry out any acts that would otherwise be restricted by any of your intellectual property rights in the User Content for the sole purpose of enabling LiveArtSocial to provide the Services to you. By registering for the Service and each time you submit any User Content you represent and warrant that you have all rights to grant such license to LiveArtSocial without infringement or violation of any third-party rights, including without any limitation, any privacy rights, copyrights or any other intellectual property or proprietary rights.
14. Representations & Warranties
WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE MINIMUM AMOUNT OF DAMAGES TO WHICH THE LAW RESTRICTS OUR LIABILITY, IF SUCH A MINIMUM EXISTS.
YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION, TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE CONDUCT TOWARDS YOU.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS & WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS SECTION.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to indemnify and hold us harmless for any claims by you or any third party which may arise from or relate to this Agreement or the provision of our service to you, including any damages caused by your use of our Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for a lawyer(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable legal fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim, and you shall be liable for the damages as though we had proceeded with a trial.
16. Governing Law
This Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. The offer and acceptance of this contract are deemed to have occurred in the City of London.
You agree that any dispute arising from or relating to this Agreement will be heard exclusively by a court of competent jurisdiction of England and Wales. Specifically, where the subject matter of a dispute is eligible for it, you agree that any disputes shall be heard solely within Her Majesty’s Courts and Tribunals Service’s Money Claim Online system (“Small Claims Court”).
If a dispute claims multiple claims and one or more of those claims would be eligible to be heard by the Small Claims Court, you agree not to bring the other claims against us and to instead proceed within the Small Claims Court.
If you would be entitled in a dispute to an amount exceeding the monetary jurisdiction of the Small Claims Court, you agree to waive your right to collect any damages in excess of the monetary jurisdiction and instead still bring your claim within the Small Claims Court.
You agree that if a dispute is eligible to be heard in Small Claims Court but you would be entitled to an additional or alternative remedy in a higher court, such as injunctive relief, you will waive your right to that remedy and still bring the dispute within the Small Claims Court.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable legal fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable legal fees, court fees, and disbursements.
18. Force Majeure
You agree that we are not responsible to you for anything for which we may otherwise be responsible, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labour shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, unavailability of payment processors, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, LiveArtSocial shall have the sole right to elect which provision remains in force.
LiveArtSocial reserves all rights afforded to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate your access to our Site and Service at our discretion without explanation, though we will endeavour to provide a timely explanation in most cases.
22. Assignment of Rights
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006 or in the event that we sell any business of LiveArtSocial to the buyer of such business.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page accordingly. You must read this page each time that you use our Service, and your continued use of our Service shall constitute your acceptance of any such amendments.