Last updated 7th November 2024
AGREEMENT TO OUR LEGAL TERMS
Artega Limited, operating as Artega ('Company', 'we', 'us', or 'our'), is a company registered in the United Kingdom at Unit 82A, James Carter Road, Mildenhall, Bury St Edmunds IP28 7DE.
We operate the website http://www.arte.ga (the 'Site') and related products and services that reference these legal terms (the 'Legal Terms') (collectively, the 'Services').
You can reach us via email at support@s.arte.ga or by mail at Unit 82A, James Carter Road, Mildenhall, Bury St Edmunds IP28 7DE, United Kingdom.
These Legal Terms form a binding agreement between you—whether as an individual or on behalf of an entity ('you')—and Artega Limited regarding your access to and use of the Services. By accessing the Services, you acknowledge that you have read, understood, and agreed to these Legal Terms. IF YOU DISAGREE WITH ANY PART OF THESE LEGAL TERMS, YOU MUST NOT USE THE SERVICES AND SHOULD CEASE USE IMMEDIATELY.
We will notify you of any planned changes to the Services you use. Updated Legal Terms take effect upon posting or notification via support@s.arte.ga, as detailed in the email. Your continued use of the Services after changes take effect signifies your acceptance of the modified terms.
The Services are designed for users 18 years and older. Individuals under 18 are not allowed to use or register for the Services.
We advise you to save a copy of these Legal Terms for your records.
1. OUR SERVICES
The information provided through our Services is not intended for distribution or use by any person or entity in jurisdictions where such distribution or use would violate local laws or regulations, or subject us to registration requirements. Users accessing the Services from locations outside our intended jurisdiction do so at their own risk and are solely responsible for complying with applicable local laws.
The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). If your interactions would be subject to such laws, you may not use the Services. Additionally, you must not use the Services in any way that would violate the Gramm-Leach-Bliley Act (GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We own or license all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the 'Content'), as well as the trademarks, service marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws, along with various other intellectual property rights and unfair competition laws and treaties, both in the United States and worldwide.
We provide the Content and Marks in or through the Services "AS IS" for your personal, non-commercial use only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED ACTIVITIES' section below, we grant you a non-exclusive, non-transferable, revocable license to:
access the Services; and
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.
Except as outlined in this section or elsewhere in our Legal Terms, no part of the Services, 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 without our express prior written permission.
If you wish to use the Services, Content, or Marks in ways not specified in this section or elsewhere in our Legal Terms, please email your request to: support@s.arte.ga. Should we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors and ensure any copyright or proprietary notice is visible when posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you regarding the Services, Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, resulting in immediate termination of your right to use our Services.
Your Submissions and Contributions
Before using our Services, carefully review this section and the 'PROHIBITED ACTIVITIES' section. This will help you understand (a) the rights you grant us and (b) your obligations when posting or uploading content through the Services.
Submissions: When you directly send us questions, comments, suggestions, ideas, feedback, or other information about the Services ('Submissions'), you agree to assign all intellectual property rights in that Submission to us. You acknowledge that we'll own this Submission and can use and share it freely for any lawful purpose, commercial or otherwise, without crediting or compensating you.
Contributions: Our Services may allow you to engage in various interactive features like chats, blogs, message boards, and online forums. Through these, you might create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services. This includes, but isn't limited to, text, writings, videos, audio, photographs, music, graphics, comments, reviews, ratings, personal information, or other material ('Contributions'). Any publicly posted Submission is also considered a Contribution.
Keep in mind that other users of the Services may be able to view your Contributions.
You are responsible for your posts and uploads: By submitting content or making contributions through our Services, including linking your account to social networking platforms, you:
confirm that you've read and agree with our 'PROHIBITED ACTIVITIES' section. You agree not to post anything illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening, sexually explicit, false, inaccurate, deceitful, or misleading;
waive any moral rights to your submissions and contributions, as permitted by law;
warrant that your submissions and contributions are original or that you have the necessary rights to submit them, and that you have the authority to grant us the aforementioned rights;
warrant that your submissions and contributions are not confidential;
agree not to promote external links or direct users away from the service.
You are solely responsible for your submissions and contributions. You agree to reimburse us for any losses we may incur due to your breach of this section, third-party intellectual property rights, or applicable law.
We may remove or edit your content: While we're not obligated to monitor contributions, we reserve the right to remove or edit any content we deem harmful or in breach of these Legal Terms. This action may be taken without notice and could result in account suspension or termination. We may also report serious violations to authorities. Examples include child pornography, content promoting hate crimes, and illegal activities.
Copyright infringement
We respect others' intellectual property rights. If you believe any material on our Services infringes upon your copyright, please refer to the 'COPYRIGHT INFRINGEMENTS' section immediately.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that:
All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update it as necessary;
You have the legal capacity to comply with these Legal Terms;
You are not a minor in your jurisdiction of residence;
You will not access the Services through automated or non-human means, such as bots or scripts;
Your use of the Services will not violate any applicable laws or regulations.
If you provide any information that is untrue, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and refuse any current or future use of the Services (or any portion thereof).
4. USER REGISTRATION
You may need to register to use the Services. 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 username you select if we determine it necessary, at our sole discretion.
5. PROHIBITED ACTIVITIES
As a user of the Services, you agree not to use our service in bad faith. Prohibited activities include, but are not limited to:
Systematically retrieving data or content from the Services to create or compile, directly or indirectly, a collection, database, or directory without our written permission.
Deceiving us or other users, especially in attempts to obtain sensitive account information such as passwords.
Circumventing, disabling, or interfering with security features of the Services, including those that restrict use or copying of Content or limit Service usage.
Disparaging, tarnishing, or otherwise harming us or the Services, in our opinion.
Using information obtained from the Services to harass, abuse, or harm others.
Misusing our support services or submitting false reports of abuse or misconduct.
Using the Services in ways that violate applicable laws or regulations.
Engaging in unauthorized framing of or linking to the Services.
Uploading or transmitting (or attempting to upload or transmit) viruses, Trojan horses, or other material—including excessive use of capital letters and spamming—that interferes with any party's use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the Services' use, features, functions, operation, or maintenance.
Engaging in any automated use of the system, such as using scripts to send comments or messages, or using data mining, robots, or similar data gathering and extraction tools.
Deleting copyright or other proprietary rights notices from any Content.
Impersonating another user or person, or using another user's username.
Uploading or transmitting (or attempting to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including but not limited to 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').
Interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services.
Harassing, annoying, intimidating, or threatening any of our employees or agents engaged in providing any portion of the Services to you.
Attempting to bypass any measures designed to prevent or restrict access to the Services or any portion thereof.
Copying or adapting the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or making up a part of the Services, except as permitted by applicable law.
Using, launching, developing, or distributing any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software, except as may result from standard search engine or Internet browser usage.
Using a buying agent or purchasing agent to make purchases on the Services.
Making any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.
Using the Services as part of any effort to compete with us or otherwise using the Services and/or the Content for any revenue-generating endeavour or commercial enterprise.
6. USER GENERATED CONTRIBUTIONS
The Services may invite you to engage in various interactive features such as chats, blogs, message boards, and online forums. You may have the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services. This includes, but is not limited to, text, writings, videos, audio, photographs, graphics, comments, suggestions, personal information, or other material (collectively, "Contributions"). Other users of the Services and third-party websites may be able to view your Contributions. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you represent and warrant that:
Your Contributions do not and will not infringe on any third party's proprietary rights, including copyright, patent, trademark, trade secret, or moral rights.
You are either the creator and owner of your Contributions or have obtained all necessary licenses, rights, consents, releases, and permissions to use them and to authorize us, the Services, and other users to use your Contributions as intended by the Services and these Legal Terms.
You have obtained written consent, release, and/or permission from each identifiable individual in your Contributions to use their name or likeness in any manner contemplated by the Services and these Legal Terms.
Your Contributions are truthful, accurate, and not misleading.
Your Contributions are not unsolicited or unauthorized 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 person or 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 any third party's privacy or publicity rights.
Your Contributions do not violate any laws concerning child pornography or those intended to protect minors' health or well-being.
Your Contributions do not include offensive comments related to race, national origin, gender, sexual orientation, or physical disability.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation.
Any use of the Services that violates these conditions breaches these Legal Terms and may result in, among other consequences, the termination or suspension of your rights to use the Services.
7. SOCIAL MEDIA
As part of the Services' functionality, you may link your account with online accounts you have with third-party service providers (each a "Third-Party Account") by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as permitted under the applicable terms and conditions governing your use of each Third-Party Account. You represent and warrant that you're entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account without breaching any terms and conditions governing your use of the applicable Third-Party Account, and without obligating us to pay fees or subjecting us to usage limitations imposed by the third-party service provider.
By granting us access to any Third-Party Accounts, you understand that: (1) we may access, make available, and store (if applicable) any content you've provided to and stored in your Third-Party Account (the "Social Network Content") so it's available on and through the Services via your account, including, without limitation, any friend lists; and (2) we may submit to and receive from your Third-Party Account additional information to the extent you're notified when you link your account with the Third-Party Account.
Depending on the Third-Party Accounts you choose and subject to the privacy settings you've set in such accounts, personally identifiable information you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You'll have the ability to disable the connection between your account on the Services 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, accuracy, legality, or non-infringement, and we're 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 tablet computer solely to identify and inform you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We'll attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
8. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) Monitor the Services for violations of these Legal Terms; (2) Take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms; (3) Refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof, in our sole discretion and without limitation; (4) Remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, in our sole discretion and without limitation, notice, or liability; and (5) Manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.
9. TERMS OF SALE
By placing an order on Artega Limited, you are making a binding offer to purchase the specified NFT. Your order will be considered accepted and confirmed once the purchase is completed and the Confirmation Page is displayed. You expressly acknowledge that the supply of the NFT commences immediately after the Confirmation Page is shown.
Refunds or returns are not permitted, except for statutory warranties or guarantees that cannot be excluded or limited by law.
Purchasing an NFT grants ownership of the non-fungible token itself, but does not necessarily include ownership of the Artwork or other files or assets associated with the NFT. Artists may offer specific rights to NFT holders, including rights to the related Artwork and additional benefits, which may encompass physical items, special access, or other exclusive content (collectively referred to as "Additional Items").
Any Additional Items will be provided directly by the Artist or Publisher. Artega Limited is not involved in these transactions and is not a party to them. To the fullest extent permitted by law, Artega Limited disclaims all liability for the delivery of Additional Items and will not be liable for any delays, damages, or failure to deliver them.
Artega Limited acts as the agent for the seller of an NFT in receiving payments. If you are a seller, you appoint Artega Limited as your agent solely for the purpose of receiving, holding, and settling payments from buyers of your NFTs.
Payments received from a buyer on behalf of the seller fulfil the buyer's obligation to the seller for the amount received, regardless of whether we actually transfer the payment to the seller. If we do not make such payment to the seller, the seller’s recourse is only against us, not the buyer, as the payment is deemed made by the buyer to the seller upon our receipt. To the extent allowed by applicable law, the seller agrees that we are not liable for any acts or omissions on their part and understands that we disclaim such liability.
When booking a "Meet the Artist" appointment, users understand that such meetings are solely at the discretion of the Artist and are not guaranteed, even when scheduled. Cancellation of a "Meet The Artist" appointment does not entitle users to a refund of the NFT; it only serves to cancel the scheduled event. Any requests for refunds related to the NFT must be discussed independently with the Artist and are not handled through our platform.
10. PAYMENTS
Artega is not a payment provider. Payments are made directly from Patrons to Artists outside of Artega using third-party payment providers (e.g., WERT).
By using Artega, you agree to be bound by the terms of any third-party payment providers associated with the Platform. These providers will be responsible for all matters relating to payment and the use of your card details.
11. FEES
We reserve the right to modify our fees and introduce additional charges for any transaction type in the future. Fees for applicable transactions will be charged as listed on our site. You acknowledge that Artega does not present itself as the seller of Artist Content, Memberships, or other goods and services, nor is it a party to any Artist-solicited donation. Any purchases or Donations you make on our site are direct transactions with Artists, who function as third-party sellers on the Artega platform.
Artists may incur subscription fees—you'll be informed of these at the time of subscription. Be aware that your chosen subscription type may affect your transaction fees. Depending on the subscription or transaction type, Artega may waive fees, though we retain the right to implement fees for any subscription, transaction, purchase, or donation in the future.
We may charge fees for various subscription types, transactions, or other Artega features. All applicable transaction fees related to Artist Content, Donations, Memberships, or other goods and services will be automatically deducted from the relevant transaction by one of our third-party payment providers.
12. TAXES
Artists are responsible for determining and handling any taxes applicable to the Donations, and Sales you receive through our services. The assessment, collection, reporting, and remittance of the correct tax, if any, to the appropriate tax authority is solely the Artists’ responsibility.
13. PRIVACY POLICY
We take data privacy and security seriously. Please review our privacy policy. By using the Services, you agree to be bound by our privacy policy, which is incorporated into these Legal Terms. Please note that our Services are hosted in the United Kingdom. If you access the Services from another region with different laws governing personal data collection, use, or disclosure, you acknowledge that by continuing to use the Services, you are transferring your data to the United Kingdom. You expressly consent to have your data transferred to and processed in the United Kingdom, in accordance with applicable UK laws.
14. COPYRIGHT INFRINGEMENTS
We respect others' intellectual property rights. If you believe any material on our Services infringes a copyright you own or control, please notify us immediately using the contact information below (a "Notification"). We'll forward a copy of your Notification to the person who posted or stored the material in question. Be aware that under applicable law, you may be liable for damages if you make material misrepresentations in a Notification. If you're unsure whether material on or linked to by the Services infringes your copyright, consider consulting an attorney first.
15. TERM AND TERMINATION
These Legal Terms remain in full force and effect while you use the Services. We reserve the right, at our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking certain IP addresses) to any person for any reason or no reason. This includes, but is not limited to, breach of any representation, warranty, or covenant contained in these Legal Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete your account and any content or information you posted at any time, without warning, at 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, registering an account for any person other than yourself, or allowing another person to register an account on your behalf.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to modify or remove content from the Services at any time and for any reason, without prior notice. However, we're not obligated to update information on our Services. We won't be liable to you or any third party for changes, price adjustments, suspensions, or discontinuations of the Services.
We can't guarantee uninterrupted availability of the Services. Technical issues or maintenance may cause interruptions, delays, or errors. We reserve the right to change, update, suspend, or discontinue the Services at any time without notifying you. You acknowledge that we're not liable for any losses, damages, or inconveniences resulting from your inability to access or use the Services during downtime or discontinuation. These Legal Terms don't obligate us to maintain or support the Services, or to provide any corrections, updates, or releases.
17. GOVERNING LAW
These Legal Terms are governed by and interpreted according to the laws of the United Kingdom. The use of the United Nations Convention of Contracts for the International Sales of Goods is expressly excluded. If you are a consumer with habitual residence in the EU, you also enjoy the protection provided by obligatory provisions of the law in your country of residence. Artega Limited and you both agree to submit to the non-exclusive jurisdiction of the courts of the United Kingdom. This means you may make a claim to defend your consumer protection rights regarding these Legal Terms in the United Kingdom or in the EU country where you reside.
18. DISPUTE RESOLUTION
Informal negotiations
To expedite resolution and control costs, both parties agree to first attempt informal negotiations for any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, "Disputes"). This applies to all Disputes except those expressly excluded below. Informal negotiations must last at least 30 days before initiating arbitration and commence upon written notice from one party to the other.
Binding arbitration
Any dispute arising from the relationships between the parties to these Legal Terms shall be determined by a single arbitrator. The arbitrator will be chosen according to the Arbitration and Internal Rules of the European Court of Arbitration (part of the European Centre of Arbitration in Strasbourg) in force when the arbitration application is filed. The seat of arbitration shall be London, United Kingdom. Proceedings shall be conducted in English, and UK law shall apply.
Restrictions
The parties agree that arbitration shall be limited to the Dispute between them individually. To the fullest 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 use class action procedures; and (c) there is no right or authority for any Dispute to be brought on behalf of the general public or any other persons.
Exceptions to informal negotiations and arbitration
The following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) Disputes seeking to enforce or protect, or concerning the validity of, any party's intellectual property rights; (b) Disputes related to, or arising from, allegations of theft, piracy, privacy invasion, or unauthorized use; and (c) Any claim for injunctive relief. If this provision is found to be illegal or unenforceable, neither party will elect to arbitrate any Dispute falling within that portion of this provision. Such Disputes 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.
19. CORRECTIONS
There may be information on the Services 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 Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES AND YOUR USE THEREOF. THIS INCLUDES, BUT IS NOT LIMITED TO, 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 SERVICES' CONTENT OR ANY LINKED WEBSITES OR APPLICATIONS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR:
ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES;
ERRORS OR OMISSIONS IN CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE INCURRED FROM USING CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES.
ERRORS, MISTAKES, OR INACCURACIES IN CONTENT AND MATERIALS;
PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES;
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND ANY PERSONAL OR FINANCIAL INFORMATION STORED THEREIN;
INTERRUPTIONS OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES;
BUGS, VIRUSES, TROJAN HORSES, OR SIMILAR WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY THIRD PARTIES;
ERRORS OR OMISSIONS IN CONTENT AND MATERIALS, OR ANY LOSS OR DAMAGE INCURRED FROM USING CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE SERVICES.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH THE SERVICES, ANY LINKED WEBSITE, OR ANY WEBSITE OR APPLICATION FEATURED IN ADVERTISING. WE WILL NOT MONITOR OR BE RESPONSIBLE FOR TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS. AS WITH ANY PURCHASE, USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. 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 SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless—including our subsidiaries, affiliates, and all our respective officers, agents, partners, and employees—from and against any loss, damage, liability, claim, or demand. This includes reasonable attorneys' fees and expenses made by any third party due to or arising from: (1) your Contributions; (2) your use of the Services; (3) your breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of a third party's rights, including but not limited to intellectual property rights; or (6) any overt harmful act toward another user of the Services with whom you connected via the Services. Despite the above, we reserve the right, at your expense, to assume exclusive defence and control of any matter for which you must indemnify us. You agree to cooperate, at your expense, with our defence of such claims. We will make reasonable efforts to notify you of any claim, action, or proceeding subject to this indemnification upon becoming aware of it.
23. USER DATA
We maintain certain data you transmit to the Services for managing performance and tracking your usage. While we perform regular backups, you remain solely responsible for all data you transmit or related to your activities on the Services. You agree that we bear no liability for any loss or corruption of such data, and you waive any right of action against us arising from such loss or corruption.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide electronically—via email or on the Services—satisfy any legal requirement for written communication. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS THE ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND TRANSACTION RECORDS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature, delivery or retention of non-electronic records, or payments or credits by non-electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If you're unsatisfied with how we've resolved your complaint, you can reach out to the Complaint Assistance Unit of the California Department of Consumer Affairs' Division of Consumer Services. Contact them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by phone at (800) 952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms, along with any policies or operating rules we post on or regarding the Services, constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms doesn't waive that right or provision. These Legal Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We're not responsible for any loss, damage, delay, or failure to act caused by factors beyond our reasonable control. If any part of these Legal Terms is found to be unlawful, void, or unenforceable, that part is considered severable and doesn't affect the validity of the remaining provisions. These Legal Terms don't create any joint venture, partnership, employment, or agency relationship between you and us. You agree we won't be held at a disadvantage for drafting these Legal Terms. Finally, you waive any defences based on the electronic form of these Legal Terms or the absence of traditional signatures.
27. CONTACT US
To resolve a complaint about our Services or to get more information on using them, please contact us at:
Artega Limited
Unit 82A
James Carter Road
Mildenhall, Bury St Edmunds IP28 7DE
United Kingdom