Terms of Service
Please read these terms of service (the ‘Terms of Service’). These Terms of Service sets out the legally binding terms and conditions for your use of http://iArtview.com (the ‘Site’) and the services, features, content and applications provided at the Site (the ‘Services’) provided by MEA Mobile Ltd doing business as IArtview (‘We’, ‘Us’ or ‘IArtview’).
Acceptance: By registering, using browsing or otherwise interacting with the Site and/or Services, you agree to these Terms of Service and any other rules, policies and procedures that may be published from time to time on the Site by IArtview, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Changes: IArtview reserves the right at its sole discretion to modify or replace these Terms of Service, or alter, suspend, or discontinue the Services including the right to alter, suspend, or discontinue just for the account you registered (‘Account’) , at any time, without notice or liability. It is your obligation and you agree to check back at the Site to check these Terms of Service for changes or any such alteration, suspension or discontinuation. Your continued use of the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Eligibility: You represent and warrant that you are 13 years of age or older. If you are under such age you may not, under any circumstances, use the Services. IArtview may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.
Security: You are solely and entirely responsible for keeping your Account secure and for all activity that occurs on your Account. You must notify us immediately of any breach of security or other unauthorized use of your Account.
IArtview Metrics: Certain features of the Services allow us to collect and track metric and generate analytics including histories of accounts and clicks on IArtview URLs (‘IArtview Metrics’). You acknowledge and agree that all IArtview Metrics are generated and owned by IArtview, and that IArtview has the perpetual, worldwide, exclusive right to use, license, sell or otherwise dispose of IArtview Metrics for any purpose.
Rules of Conduct. You promise not to use the Services for any purpose that is prohibited by these Terms of Service or by law and that you are responsible for all of your activity in connection with the Services. You shall not, and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any URL or content on or through the Service that:
-infringes any intellectual property right, right of publicity or other right of any other person or entity or violates any law or contractual duty
-constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (‘spamming’);
-contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of IArtview or any third party;
-impersonates any person or entity, including any employee or representative of IArtview;
breaches the privacy of another person; or
-includes anyone’s identification documents or sensitive financial information; or
-imposes or may impose (as determined by IArtview in its sole discretion) an unreasonable or disproportionately large load on IArtview’s (or its third party providers’) infrastructure
-IArtview has no special relationship with or fiduciary duty to you.
-You release IArtview from all liability for you having acquired or not acquired any particular content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. IArtview makes no representations concerning any URL contained in or accessed through the Services, and it will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED ‘AS IS’, ‘AS AVAILABLE’ AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IArtview, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification. You shall defend, indemnify, and hold harmless IArtview, its affiliates and each of their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Site, Services or which otherwise arise from your violation of these Terms of Service, or infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. IArtview reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will assist and cooperate with IArtview in asserting any available defenses.
Limitation of Liability. IN NO EVENT SHALL IArtview, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, SUPPLIERS, REPRESENTATIVES OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); OR (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION). NOTWITHSTANDING THE FOREGOING, UNDER NO CIRCUMSTANCES SHALL SUCH LIABILITY EXCEED ANY DAMAGES IN EXCESS OF ONE HUNDRED U.S. DOLLARS ($100.00) IN THE AGGREGATE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13.1. Governing Law and Jurisdiction. MEA Mobile Ltd doing business as IArtview is a New Zealand registered company. These Terms of Service shall be governed by and construed in accordance with the laws of the New Zealand. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the courts of New Zealand.
Entire Agreement and Severability. These Terms of Service are the entire agreement between you and IArtview with respect to the Services and use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and IArtview with respect to the Site. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable.
Force Majeure. IArtview shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond IArtview’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with IArtview’s prior written consent. IArtview may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.
Notices. Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
No Waiver. The failure of IArtview to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Service to be binding, IArtview must provide you with written notice of such waiver, provided by one of its authorized representatives.
Headings. The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
Contact. You may contact IArtview: by mail at 59 Elm Street, Suite 200, New Haven, CT 06510, USA; or by email at iartview.com