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Legal
⟶ Terms of Service
Terms of Service
Introduction
ARSUITE services are provided by, and you are contracting with ARSUITE LTD.
These Terms of Service (“Terms”) govern your access to and use of the ARSUITE App(s), APIs, and any other software, tools, design tools, features, or functionalities provided on or in connection with ARSUITE services. These services include without limitation to viewing, exploring, creating, and designing tools; at your discretion, to connect directly with others to purchase, sell, or transfer; using, sending, receiving models, sending messages, or any kind of transactions. By engaging in or undertaking any of the aforementioned activities, you will be deemed to be a "User" who is legally bound by these Terms.
For purposes of these terms, “user”, “users”, "artist", "artists", "creator", "creators", “you”, “your” means the user of the service (including behalf of a company or other entity) who is legally bound by these Terms.
Please contact us at ar@arsuite.com for any questions.
General Terms
Users bear full responsibility for verifying the identity, legitimacy, and authenticity of models that you purchase from third-party sellers using the Services. ARSUITE makes no claims about the identity, legitimacy, functionality, or authenticity of users or models visible on the services.
There can be no guarantee or assurance of the uniqueness, originality, or quality of any model and/or collectible.
ARSUITE is not a party to any agreement between any users.
ARSUITE may optimize and compress all the files uploaded by the users, because of high availability and performance concerns.
ARSUITE sometimes needs to provide additional terms for specific services (and such services are deemed part of the “Service” hereunder and shall also be subject to these Terms). Those additional terms and conditions, which are available with the relevant Services, then become part of this agreement if you use those services. In the event of a conflict between these Terms and any additional applicable terms we may provide for a specific service, such additional terms shall control for that specific service.
ARSUITE reserves the right to change or modify these Terms at any time and at sole discretion. If ARSUITE makes material changes to these Terms, will use reasonable efforts to provide notice of such changes, such as by providing notice through the service or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the service, you confirm your acceptance of the revised Terms. The user has the responsibility to review the Terms to view changes and ensure to understand the terms and conditions that apply when accessing or using the service.
You are solely responsible for your account and ARSUITE is not liable for any acts or omissions by you in connection with your account or as a result of your account being compromised. You agree to immediately notify us on ARSUITE connection channels if you discover or otherwise suspect any security issues related to the service or your account.
You represent and warrant that you will comply with all applicable laws (e.g., local, state, federal, and other laws) when using the service.
ARSUITE may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms. In such cases, ARSUITE, in its sole discretion, may disable your account and block your ability to access the service until such additional information and documents are processed. If you do not provide complete and accurate information in response to such a request, ARSUITE may refuse to restore your access to the service.
Your access and use of the service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service, or other actions that ARSUITE, in its sole discretion, may elect to take.
Users represent that neither the user nor any entity user's represent are included in any trade embargoes or sanctions list (“Subject to Restrictions”), nor resident, citizen, national or agent of, or an entity organized, incorporated or doing business in such territories (“Restricted Territories”).
The service, proprietary content, information, and other materials, (e.g., text, graphics, images, logos, page headers, button icons, and scripts), and all content and other materials contained therein, including, without limitation, the ARSUITE logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of ARSUITE or ARSUITE's affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. ARSUITE and ARSUITE's affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.
ARSUITE's name, logo, trademarks, and any ARSUITE product or service names, designs, logos, and slogans are the intellectual property of ARSUITE or our affiliates or licensors and may not be copied, imitated, or used, in whole or in part without ARSUITE's prior written permission. Users may not use any metatags or other “hidden text” utilizing ARSUITE or any other name, trademark or product, or service name of ARSUITE or ARSUITE's affiliates or licensors without ARSUITE's prior written permission.
Other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to on the Service are the property of their respective owners and may not be copied, imitated, or used in whole or in part without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by ARSUITE.
ARSUITE welcomes feedback, comments, and suggestions for improvements to the service. You acknowledge and expressly agree that any contribution of feedback does not and will not give or grant you any right, title, or interest in the service or in any such feedback.
Users are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable, and personal license to access and use the service provided, however, that such license is subject to your compliance with these Terms. If any software, service, content, or other materials owned by, controlled by or licensed to ARSUITE are distributed or made available to you as part of your use of the service, ARSUITE hereby grants you a personal, non-assignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the service (and right to download a single copy of the app onto your applicable equipment or device), in each case for the sole purpose of enabling you to use the service as permitted by these Terms, provided that your license in any content.
ARSUITE does not make any representations or warranties about third-party content visible through the service, including any content displayed on the service, and you bear responsibility for verifying the legitimacy, authenticity, and legality that you purchase from third-party sellers.
The service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of ARSUITE, and maybe “open” applications for which no recourse is possible. ARSUITE is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. ARSUITE provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials.
To protect the ARSUITE community and comply with our legal obligations, ARSUITE reserve the right to take action, with or without advance notice, if we believe the user has violated these Terms.
Users agree that you will not violate any law, contract, intellectual property, or another third-party right and that users are solely responsible for your conduct and content while accessing or using the service.
ARSUITE reserves the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the service (or any features or parts thereof) at any time and without liability as a result.
Users are responsible for protecting the confidentiality of their login information and passwords (if applicable) for the service.
Users are solely responsible for your use of the service and for any information provided, including compliance with applicable laws, rules, and regulations.
Users accept, declare, and undertake not to use the service other than its purpose.
Users accept, declare, and undertake not to pose as another person or entity.
Users accept, declare, and undertake not to damage, disable, or impair the functioning of the service in any manner. Users also agree that will not use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by ARSUITE to access the service, extract data.
Users accept, declare, and undertake not to use the service to buy, sell, or transfer stolen items, fraudulently obtained items, items taken without authorization, and/or any other illegally obtained items.
Users accept, declare, and undertake not to reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code.
Users accept, declare, and undertake not to engage in behaviors that have the intention or the effect of artificially causing an item or collection to appear at the top of search results, or artificially increasing view counts, favorites, or other metrics that ARSUITE might use to sort search results.
Users accept, declare, and undertake not to use the service or data collected from the service for any advertising or direct marketing activity (including without limitation, email marketing, SMS marketing, and telemarketing).
Users accept, declare, and undertake not to use the service for money laundering, terrorist financing, or other illicit finance.
Users accept, declare, and undertake not to use the service to engage in price manipulation, fraud, or other deceptive, misleading, or manipulative activity.
Users, by using the service, understand the importance of doing their own research. Users bear full responsibility for verifying the authenticity, legitimacy, identity, and other details about any items, collection, or account that view or otherwise interact with in conjunction with ARSUITE service. ARSUITE makes no guarantees or promises about the identity, legitimacy, or authenticity of any items, collection, or account on the service.
Users accept and acknowledge that there are risks associated with using the internet products, including, but not limited to, the risk associated with hardware, software, and internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party account. Users accept and acknowledge that ARSUITE will not be responsible for any communication failures, disruptions, errors, distortions, or delays users may experience when using the service.
Users accept and acknowledge that there are risks associated with purchasing items associated with content created by third parties through peer-to-peer transactions, including but not limited to, the risk of purchasing counterfeit items, mislabeled items, items that are vulnerable to metadata decay, and items that may become nontransferable.
Users accept and acknowledge that the service may rely on third-party platforms and/or vendors. If ARSUITE is unable to maintain a good relationship with such platform providers and/or vendors, if the terms and conditions or pricing of such platform providers and/or vendors change, if ARSUITE violates or cannot comply with the terms and conditions of such platforms and/or vendors, or if any of such platforms and/or vendors lose market share or fall out of favor or are unavailable for a prolonged period, access to and use of the service may suffer or change.
Users accept and acknowledge that uploading and publishing any kind of pornographic content is prohibited. All pornographic content will be deleted. The user accepts all legal responsibilities that may arise due to such content.
Users accept and acknowledge that if the user has a dispute with one or more users, the user releases ARSUITE from claims, demands, and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. In entering into this release users expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include those claims that users may know or suspect to exist in users' favor at the time of agreeing to this release.
Users accept and acknowledge that users are solely responsible for determining what, if any, taxes apply to users' transactions.
By using the service in conjunction with creating, submitting, posting, promoting, or displaying content, or by complying with ARSUITE's metadata standards in your metadata API responses, you grant ARSUITE a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the service for our current and future business purposes, including to provide, promote, and improve the service. This includes any digital file, art, or other material linked to or associated with any items that are displayed on the service. ARSUITE does not claim that submitting, posting, or displaying this content on or through the service gives ARSUITE any ownership of the content. ARSUITE not own it, just might use it and show it. Users represent and warrant that have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for any content that creates, submits, posts, promotes, or displays on through the service. Users represent and warrant that have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights granted herein for any content that creates, submits, posts, promotes, or displays on through the service.
ARSUITE will take down works in response to the United States Digital Millennium Copyright Act takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, notify us on ARSUITE connection channels with necessary information.
By creating an account, users consent to receive electronic communications from ARSUITE (e.g., via email, push notification, text messages, or other types of messages). These communications may include notices about users' accounts (e.g., transactional information) and are part of your relationship with ARSUITE. ARSUITE may also send you promotional communications via email we think will be of interest to you. Users understand that not required to provide this consent as a condition of using the service and users may opt-out of these communications through the service (with the possible exception of important service announcements and administrative messages) or through the user device’s operating system.
Users are responsible for providing the mobile device, wireless service plan, software, internet connections, and/or other equipment or services that need to download, install, and use the service. ARSUITE does not guarantee that the service (and/or app) can be accessed and used on any particular device or with any particular service plan. ARSUITE does not guarantee that the app or service will be available in any particular geographic location.
By agreeing to these Terms and accessing the service, user's agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless ARSUITE, and ARSUITE's respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “ARSUITE Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to users' use or misuse of the service, content, or content linked to or associated with any items, any feedback provide, users' violation or breach of any term of these Terms or applicable law, and users' violation of the rights of or obligations to a third party, including another user or third-party, and users' negligence or willful misconduct. Users agree to promptly notify ARSUITE of any claims and cooperate with the ARSUITE Parties in defending such claims. Users further agree that the ARSUITE Parties shall have control of the defense or settlement of any claims. This indemnity is in addition to, and not in lıeu of, any other indemnities set forth in a written agreement between the user and ARSUITE.
ARSUITE does not provide dispute resolution services for such disagreements between users or between users and third parties, and the parties must resolve those disputes directly.
Applicability of Arbitration Agreement. Users agree that any dispute, controversy, or claim relating in any way to the user's access or use of the service, to any products sold or distributed through the service, or to any aspect of your relationship with ARSUITE, will be resolved by binding arbitration, rather than in court, including threshold questions of the arbitrability of such dispute, controversy, or claim except that the user or ARSUITE may assert claims in small claims court, but only if the claims qualify, the claims remain only in such court, and the claims remain on an individual, non-representative, and non-class basis, and the user or ARSUITE may seek injunctive or equitable relief in a court of proper jurisdiction if the claim relates to intellectual property infringement or other misuses of intellectual property rights.
Dispute resolution process. Users and ARSUITE both agree to engage in good-faith efforts to resolve disputes prior to either party initiating an arbitration, small claims court proceeding, or equitable relief for intellectual property infringement. Users must initiate this dispute resolution process by sending a letter describing the nature of your claim and desired resolution ARSUITE address. Both parties agree to meet and confer personally, by telephone, or by videoconference to discuss the dispute and attempt in good faith to reach a mutually beneficial outcome that avoids the expenses of arbitration or, where applicable, litigation. If the user is represented by counsel, your counsel may participate in the videoconference as well, but the user agrees to fully participate in the videoconference. Likewise, if ARSUITE is represented by counsel, its counsel may participate in the videoconference as well, but ARSUITE agrees to have a company representative fully participate in the videoconference. If the parties do not reach an agreement to resolve the dispute within thirty (30) days after initiation of this dispute resolution process, either party may commence an arbitration, file an action in small claims court, or file a claim for injunctive or equitable relief in a court of proper jurisdiction for matters relating.
These Terms and your access to and use of the service shall be governed by and construed and enforced in accordance with the laws of the United Kingdom. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the courts of the United Kingdom.
If you breach any of the provisions of these Terms, all licenses and/or services granted by ARSUITE will terminate automatically. Additionally, notwithstanding anything contained in these Terms, ARSUITE reserves the right, with or without notice and in our sole discretion, to suspend, disable, terminate, or delete your account and/or your ability to access or use the service (or any part of the foregoing) at any time and for any or no reason, and users acknowledge and agree that ARSUITE shall have no liability or obligation to the user in such event and that the user will not be entitled to a refund of any amounts that the user have already paid to ARSUITE.
If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.
Users agree that a breach of these Terms will cause irreparable injury to ARSUITE for which monetary damages would not be an adequate remedy and ARSUITE shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security, or proof of damages.
All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by ARSUITE or user. Termination will not limit any of ARSUITE's other rights or remedies at law or in equity.
These Terms constitute the entire agreement between you and ARSUITE relating to your access to and use of the service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of ARSUITE, and ARSUITE's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
Disclaimers
The user's access to and use of the service is at the user's own risk. User understands and agrees that the service is provided on an “as is” and “as available” basis and ARSUITE expressly disclaims warranties or conditions of any kind, either express or implied. ARSUITE disclaims all other warranties or conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
ARSUITE will not be liable for any loss of any kind from any action taken or taken in reliance on material or information, contained in the service.
ARSUITE attempts to make your access to and use of the service safe, cannot and does not represent or warrant that the service, content, content linked to or associated with any items, or any items you interact with using ARSUITE services or ARSUITE service providers’ servers are free of viruses or other harmful components. ARSUITE cannot guarantee the security of any data that you disclose online.
No advice or information, whether oral or obtained from the ARSUITE parties or through the service, will create any warranty or representation not expressly made herein. Users accept the inherent security risks of providing information and dealing online over the internet and will not hold ARSUITE responsible for any breach of security.
ARSUITE not be responsible or liable to the user for any loss and take no responsibility for, and will not be liable to you for, any use of items, content, and/or content linked to or associated with items, including but not limited to any losses, damages, or claims arising from user error, incorrectly constructed transactions, or mistyped addresses, server failure or data loss, unauthorized access or use, any unauthorized third-party activities, including without limitation the use of viruses, phishing, brute-forcing or other means of attack against the service or items.
No ARSUITE party is responsible or liable for any sustained losses or injury due to vulnerability or any kind of failure, abnormal behavior of software (e.g., wallet, smart contract), or any other features of the items.
Limitations of Liability
To the fullest extent permitted by law, you agree that in no event will ARSUITE or its service providers be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these terms or the service, products or third-party sites and products, or for any damages related to loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, and whether caused by strict liability or tort (including negligence), breach of contract, or otherwise, even if foreseeable and even if ARSUITE or its service providers have been advised of the possibility of such damages, or for any other claim, demand, or damages whatsoever resulting from or arising out of or in connection with these terms of the delivery, use, or performance of the service.
Access to, and use of, the service, products, or third-party sites, and products are at users' discretion and risk, and the user will be solely responsible for any damage to the user's computer system or device or loss of data.
ARSUITE is in no way liable for any damages of any form resulting from your access or use of the service, including (but not limited to) any loss of profit, digital assets, or intangible property, and assumes no liability or responsibility for any errors, omissions, mistakes, or inaccuracies in the content provided on ARSUITE, bugs, viruses, etc. in the service, suspension of service, or any conduct of any third party whatsoever. Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of ARSUITE arising out of or in any way related to these terms, the access to and use of the service, content, items, or any ARSUITE products or services exceed the greater of the amount received by ARSUITE for its service directly relating to the items that are the subject of the claim. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.
Privacy Policy
Please refer to ARSUITE privacy policy for information about how we collect, use, and share personal data about you. By submitting personal data through ARSUITE services, users agree to the terms of our privacy policy and the user expressly consents to the collection, use, and disclosure of the user's personal data in accordance with the privacy policy.