Terms of Use

<p>TERMS OF USE<br>Daata-editions.com, the ("Site") is owned and operated by Digital Art Agency Limited ("we/us"), 41 Dover Street, London, W1S 4NS, registered in England and Wales under company number 09172265.</p> <p>This is a legally binding agreement and the following terms and conditions apply between you and Digital Art Agency Limited, when you use our Site.</p> <p></p> <p>ACCEPTANCE OF OUR WEBSITE TERMS OF USE<br>References in these Website Terms of Use to "we/us" are to Digital Art Agency Limited, <a href="http://www.daata-editions.com (the">www.daata-editions.com (t...</a> “Site”) and any Digital Art Agency application that you access (the “App”) and/or the services available through the Site or App.</p> <p>References to the Site include the content available on the Site. For the avoidance of doubt "content" means, without limitation, information, data, text, photographs, videos, GIFs, audio clips, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Site.</p> <p>Use of our Site includes accessing, browsing, or registering to use our Site and/or downloading the App and by using our Site, you confirm that you accept these Website Terms of Use and the Other Applicable Terms below and that you agree to comply with them. If you do not agree to them, you must not use our Site.</p> <p>These Website Terms of Use define the terms and conditions under which you’re allowed to use our Site and/or download the App whether as a guest or a registered user and how we will treat your account. In particular, we draw your attention to our policies relating to the terms of purchase, order acceptance and our privacy policy. The Terms must be read collectively with our:</p> <p>Privacy Policy, which sets out the terms on which we process any personal data we collect from you (for instance when you register an account with us), or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate;<br>Cookie Policy, which sets out information about the cookies on our site; and<br>Terms & Conditions of Purchase which apply if you buy Editions from our Site and contain a User Licence which explains how you may enjoy your Edition and any restrictions on its use,<br>together the “Other Applicable Terms”.</p> <p>Please note, these Terms can potentially change at any time, please read them and check back often. Your continued use of daata-editions.com following such change will signify your agreement to be bound by the modified Terms. If you do not agree to any changes then you should stop using our Site.</p> <p>If you have any questions about our Terms please contact us before placing an order.</p> <p>All contracts are conducted in English and by entering into a contract both parties agree irrevocably to submit to the exclusive jurisdiction of the courts of England and Wales, in accordance with English law.</p> <p></p> <p>INFORMATION ABOUT US<br>Digital Art Agency Limited commissions and licences limited edition digital artwork ("Edition") from Artists for viewing and for purchase from our Site. Visitors to our Site may search and view the Editions and view Artist profiles.</p> <p></p> <p>AVAILABILITY OF OUR SITE<br>Our Site is made available to you free of charge but it is your responsibility to ensure that you are sufficiently skilled to make use of our Site.</p> <p>We do not guarantee that our Site, or any content on it, will be free from errors or omissions. The content on our Site may be out of date at any given time, and we are under no obligation to update it.</p> <p>We do not guarantee that our site will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.</p> <p>You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and Other Applicable Terms and that they comply with them.</p> <p></p> <p>YOUR ACCOUNT<br>While general use of our Site does not require you to have an account, to use some aspects of the Site, you must register for an account (an "Account").</p> <p>You warrant that the personal information which you are required to provide when you register is true, accurate and current in all respects. You must keep the information you provide up to date. Please see our Privacy Policy regarding the treatment of your personal information.</p> <p>You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting us via email on info@daata-editions.com.</p> <p>Subject to our obligations as set out in our Privacy Policy, you are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. We’re not responsible for any losses due to stolen or hacked passwords. We don’t have access to your current password, and for security reasons, we may only reset your password.</p> <p>You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms of Website Use or if we decide, in our sole discretion, that it would be in our best interests to do so.</p> <p>By using the Site, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Site in a way that violates any laws or regulations. </p> <p>We may refuse service, close accounts of any users, and change eligibility requirements at any time. </p> <p>We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.</p> <p></p> <p>Do not rely on information on this site<br>Information on our site is provided for general information only. It is not intended to amount to advice on which you should rely. </p> <p>Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.</p> <p>User-generated content is not approved by us<br>This Site may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.</p> <p></p> <p>CANCELLING/LAPSING YOUR ACCOUNT<br>Your account can be cancelled at any time by contacting us at the following email address info@daata-editions.com.</p> <p>We reserve the right to lapse your Account if you do not log into the Account for a period of 180 days. If you cancel your Account or allow it to lapse, or we cancel it for any reason, you remain responsible for performing your obligations under these Terms, and the rights granted to us under these Terms (including Intellectual Property Rights) shall not be terminated as a result.</p> <p></p> <p>COMPLIMENTARY CONTENT DOWNLOADS (USER LICENCE)<br>We may from time to time, and at our sole discretion, make free digital art content available to you to stream or download from this Site.</p> <p>Subject to your acceptance of this User Licence, these Terms, the Privacy Policy and Cookie Policy [LINK], we hereby grant you a worldwide, non-exclusive, revocable, non-transferable license to use (i.e., to download, stream, store and view) the free digital art Content for your personal, non-commercial, entertainment use. You shall not by any act or omission permit a third party to download the free digital content onto any device which is not owned, operated and controlled by you.</p> <p>You may not copy, modify, sell, rent, licence, distribute, show in public or create any derivative work from any digital art made available to you on the Site or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.</p> <p>We do not own the copyright in any free digital art and therefore we lack the authority to grant you permission to in any way vary or reproduce it.</p> <p>For the avoidance of doubt, the terms of any licence granted under this clause will survive any termination of these Terms or any cancellation, suspension or lapse of the relevant Account.</p> <p>Free digital content on our Site may not be compatible with all devices, operating systems and media and we make no liability to you whatsoever nor do we make any representations or warranties to you either express or implied about the availability of such free digital content.</p> <p></p> <p>INTELLECTUAL PROPERTY RIGHTS<br> Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.</p> <p>You acknowledge that we are the owner or the licensee of all intellectual property rights in our Site, Content and in the Edition and material published on it and you should assume that everything you see, hear or read on this Site is protected by trade marks and copyright unless otherwise stated and may only be used according to these Terms of Website Use.</p> <p>We do not warrant or represent that your use of materials displayed on this Site will not infringe rights of third parties not owned by or licenced to us. Images are either the property of, or used with permission by Digital Art Agency Limited. The use of these images by you, or anyone else authorised by you, is prohibited unless specifically stated otherwise. Any unauthorised use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes and treaties around the world. All such rights are reserved.</p> <p>Except as set forth in the limited licence below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Site may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in whole or in part, for any purpose without our prior written consent</p> <p></p> <p>LIMITED LICENCE TO USE THIS SITE<br>We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trade Marks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.</p> <p>We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any of the Trade Marks without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence set forth in this section without prejudice to any other remedy provided by applicable law.</p> <p></p> <p>THIRD PARTY LINKS AND RESOURCES IN OUR SITE<br>The Site may permit you to link to other websites, services or resources on the Internet and other websites, services or resources may contain links to the Site. These are provided for information only. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources.</p> <p>Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.</p> <p></p> <p>LIMITATION OF OUR LIABILITY<br>Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.</p> <p>To the fullest extent permitted by law, we exclude all implied conditions, warranties, representations and other terms which may apply to our Site or any content on it. To the fullest extent permitted by law, we also exclude all express warranties and representations which may be found on our Site.</p> <p>To the fullest extent permitted by law, we will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise howsoever under any legal theory whatsoever, even if foreseeable, arising under or in connection with:</p> <p>– use of, or inability to use, our Site; or
– use of or reliance on any content displayed on our Site.</p> <p>If you are a business user, please note that in particular, we will not be liable for, inter alia:</p> <p>– loss of profits, sales, business, or revenue;
– business interruption;
– loss of anticipated savings;
– loss of business opportunity, goodwill or reputation; or
– any indirect, special or consequential loss or damage.</p> <p>If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes and, to the fullest extent permitted by law, we have no liability to you for any loss of profits, sales, business or revenue, loss of anticipated savings, business interruption, loss of business opportunity, goodwill or any indirect, special or consequential loss or damage.</p> <p>We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.</p> <p></p> <p>VIRUSES<br>We do not guarantee that our Site will be secure or free from bugs or viruses.</p> <p>You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.</p> <p>You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.</p> <p></p> <p>LINKING TO OUR SITE<br>You may not link to our website, without our prior written consent.</p> <p>You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site with any website that is not owned by you. Our Site must not be framed on any other Site.</p> <p>We reserve the right to withdraw linking permission without notice.</p> <p></p> <p>APPLICABLE LAW<br>If you are a consumer, please note that these website terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction in respect of any disputes relating to these Website Terms of Use.</p> <p>If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales in respect of any disputes relating to these terms of use (including any non-contractual disputes or claims).</p> <p>Trade Marks<br>"Daata" and "Daata Editions" are EU registered trade-marks of Digital Art Agency Limited, with trade mark numbers EU013841671 and EU013841713 respectively, the “Trade Marks”.</p> <p>Contact us<br>To contact us, please email info@daata.art</p> <p>Last Updated: September 2019</p> <p></p> <p></p>