Artifact Terms of use

  1. These are our Terms of Use
    1. Artifact is a service that allows you to:
      1. as an Aficionado, create and manage an interactive digital public profile, save, share and follow artworks, users and dataset profiles, find artworks and artists that relate to you, verify information and affiliate it to other users, share material on social media and communicate with other users;
      2. as an Artist, create and manage an interactive digital public profile and work portfolio, save, share and follow artworks, users and dataset profiles, verify information and affiliate it to other users, share material on social media and communicate with other users;
      3. as a Gallery, create and manage your digital public profile, catalogue, moderate and publicise artworks, artists and exhibitions, save, share and follow artworks, users and dataset profiles, verify information and affiliate it to other users and communicate with other users; and
      4. as an Institution, create and manage your digital public profile, catalogue, moderate, and publicise artworks made in courses, monitor the journey of your students and artworks,  and, verify information and affiliate it to other users, provide your Students with access to Artifact.
    2. These Terms apply to your use of Artifact.  By accessing and/or registering with Artifact:
      1. you accept and agree to be bound by these Terms; and
      2. where your access and use is on behalf of another person (e.g. a company or other entity), you confirm that you are authorised to, and do in fact, agree to these Terms on that person’s behalf and that, by agreeing to these Terms on that person’s behalf, that person is bound by these Terms.
      3. If you do not accept these Terms, you must not use Artifact.
      4. You must register for an account to access and use Artifact.
      5. You must either be a legal adult in your legal jurisdiction or have the approval of your parent or a legal guardian in order to access and use Artifact.  By accessing and using Artifact you promise you are legal adult in your legal jurisdiction or you have the approval to do so from your parent or a legal guardian.
      6. Artifact collects information provided by you, as well as information about you or others from Users.  Our Privacy Policy (available here) applies to the handling, storage, and use of any personal information you or Users submit to us and forms part of these Terms. You should read our Privacy Policy carefully.
  2. We can amend these Terms
    1. We may change these Terms at any time by notifying you of the change by email.  Unless stated otherwise, any change takes effect from the date set out in the notice.  You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use Artifact from the date on which the Terms are changed, you agree to be bound by the changed Terms. You can always find the current version of the Terms here.
    2. These Terms were last updated on 18 May 2018.
  3. What words mean in these Terms

    In these Terms:

    Aficionado means a user of Artifact who registers as an Aficionado

    Artifact means the website at www.artifact.global

    Artist means a user of Artifact who registers as an Artist

    Fees means the applicable fees set out on our pricing page on Artifact at [insert link] or as agreed otherwise between you and us, as may be updated from time to time in accordance with clause 5.6.

    Gallery means a user of Artifact who registers as a Gallery

    including and similar words do not imply any limit.

    Institution means a user of Artifact who registers as an “Institution”

    Material means any image, material, content, or information (including Personal Data) uploaded to Artifact by a user

    a person includes an individual, a body corporate, an association of persons (whether corporate or not), a trust, a government department, or any other entity

    Personal Data means information about an identifiable, living person

    Sales Tax means goods and services tax, value added tax, sales tax or equivalent tax payable under any applicable law

    Student means a user of Artifact registered as an Artist who is affiliated with an Institution

    Terms means these terms and conditions titled Terms of Use

    Underlying System means any network, system, software, data or material that underlies or is connected to Artifact

    user means any person who has registered with Artifact as a user.

    we, us or our means Artifact Global Pte. Ltd., a Singapore company, and includes, where appropriate in the context, all its current and future related companies

    you means any person who accesses and uses Artifact (including, if clause 1.2b applies, any person on whose behalf that person accesses or uses Artifact) and, where the context permits, an Artist, Aficionado, Gallery, or Institution.

  4. How you should use Artifact
    1. You agree to use Artifact only in a way that complies with these Terms, all applicable laws and regulations, that does not infringe our rights or other users' rights, and that does not inhibit or restrict other users' enjoyment of Artifact.
    2. Without limiting clause 4.1, you agree not to:
      1. use Artifact to upload, view, access or retrieve any Material about a person (including any images of an identifiable living individual) except where (and only to the extent that) you have the express permission of that person to do so;
      2. use Artifact in a manner, nor transmit, input, upload or store any Material, including any artwork or Personal Data, that breaches any third party right (including intellectual property rights and privacy rights), or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way;
      3. submit false or misleading information to Artifact;
      4. not impersonate another person or misrepresent authorisation to act on behalf of others or on our behalf;
      5. use, or misuse, Artifact in any way which may impair the functionality of the Underlying Systems or impair the ability of any other user to use Artifact;
      6. damage or harm Artifact or its Underlying Systems;
      7. use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access Artifact or content featured on it for any purpose; introduce any viruses, content or code to Artifact that is technologically harmful; or do anything that could disable, overburden, or impair the proper working of Artifact, such as a denial of service attack; or
      8. facilitate or encourage any violations of these Terms, or attempt to do any of the above.
    3. Artists:  If you are an Artist and you upload Material to Artifact you:
      1. represent and warrant that the Material is your original work and you have all necessary rights and consents to upload the Material for viewing any user of Artifact worldwide;
      2. you grant all users of Artifact the right to share Material you upload to social media services; and
      3. without limiting the above, the uploading, storage and making available of the Material on Artifact does not and will not infringe the rights of any person, including intellectual property rights such as copyright, anywhere in the world.
    4. You agree not to download or copy by any means or technology, now known or invented in the future, any Material made available on Artifact.
    5. We are not obliged to monitor your use of Artifact.  However, we may remove, modify or decline to store Material, if we, in our sole discretion, consider it to be inappropriate or consider that it otherwise breaches these Terms.
    6. You are responsible for all activity resulting from your use of Artifact.  You indemnify us, our related companies, officers, agents, representatives, members, principals, employees and partners, and will keep us indemnified, against all forms of liability, action, proceeding, demand, cost, change and expense which we may incur or be subject to or suffer as a result of your use of Artifact or your breach of these Terms.
    7. Without limiting any other rights and remedies available to us, if we believe you have breached or are in breach of these Terms, we may:
      1. limit your activities on Artifact;
      2. issue a warning to you;
      3. suspend or cancel your access to Artifact; and/or
      4. co-operate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity of or to locate anyone posting any content in breach of these Terms.
  5. Fees
    1. You must pay us the Fees.
    2. Where applicable we will provide you with valid Sales Tax tax invoices prior to the due date for payment.
    3. The Fees exclude Sales Tax, which you must pay on taxable supplies.
    4. You must pay the Fees:
      1. in accordance with the payment terms set out on our pricing page on Artifact; and
      2. electronically by methods available on our pricing page, in cleared funds without any set-off or deduction.
    5. We may increase the Fees by giving at least one month’s notice.  If you do not wish to pay the increased Fees, you may terminate these Terms and your right to access and use the Service on no less than 10 days’ notice, provided the notice is received by us before the effective date of the Fee increase.  If you do not terminate these Terms and your right to access and use Artifact in accordance with this clause, you are deemed to have accepted the increased Fees.
  6. Your Material and access to your Material
    1. You warrant that any information you provide to Artifact will be accurate and current, and you agree to maintain and promptly update your information to ensure it is kept current at all times.
    2. If you are an Institution you may grant up to an agreed number of your students (Students) access to Artifact while they remain formally enrolled with you.  Each Student must register separately as a user of Artifact (but they will not be charged if you have a separate SaaS Agreement with us) and will have the same user rights as a person registered as an Artist.
    3. You are responsible for any access of Artifact by your Students, and you must revoke access if you no longer wish the Student to have access or if the Student ceases to be enrolled with your institution.  We take no responsibility for the level of access you grant to a Student, or for the revocation of Students’ access.
    4. We will take reasonable precautions to keep the Material secure and protect it from unauthorised access, however you agree that we are entitled to rely on the authenticity and authority of your sign in, and any session-specific codes generated by your hardware device to process actions or requests you submit to Artifact and that we may do so without further enquiry.
    5. You agree to keep your sign in details secure, and agree not to share your password with anyone else.  We will not be liable for any loss or damage if you fail to comply with this security obligation.
    6. You acknowledge that the internet is inherently insecure. You accept the risk that any information stored or transmitted on the internet or through email may be intercepted or subject to unauthorised access or fraudulent behaviour. If you think someone is accessing your Material without your consent or if you would like to report disclosure of your Material, please contact us at support@artifact.global
  7. We can both cancel your access to the service
    1. We reserve the right to decline to register you, or to suspend, modify or cancel your access and use of Artifact if we consider (in our absolute discretion) that you have breached any of these Terms. If we suspend or cancel your access, you must not create another one without our prior approval.
    2. We may delete from our systems all of your Material any time after the expiry of 3 months from the cancellation of your access to the service.  If we do this, your Material cannot be recovered. We are not liable for any loss or damage following, or as a result of, the cancellation of your access, and it is your responsibility to keep copies of any information that you may wish to retain.
    3. You agree that you cannot transfer, sell, lease, assign, lend or trade your access without our prior written consent.
  8. You own and are responsible for your Material
    1. As between you and us, title to, and all intellectual property rights in, the Material you upload to Artifact remains your property.
    2. You grant us a worldwide, non-exclusive, fully paid up, transferable, perpetual, irrevocable licence to store, copy, or otherwise use the Material for any purpose in connection with the exercise of our rights and performance of our obligations in accordance with these Terms.
    3. Personal Data:
      1. you acknowledge and agree that, to the extent Material you upload or provide contains Personal Data, in collecting, holding and processing that information through Artifact, we are acting as your agent for the purposes of applicable privacy law; and
      2. you must obtain all necessary consents from the relevant individual to enable us to collect, use, hold and process that information in accordance with these Terms.
    4. We do not maintain copies of Material stored using Artifact.  You agree to keep your own copy of all Material uploaded by you onto Artifact.
    5. You agree that we may store Material (including any Personal Data) in secure servers in [LIST COUNTRIES] and may access that Material (including any Personal Data) in [LIST COUNTRIES] from time to time.
    6. You indemnify us against any liability, claim, proceeding, cost, expense (including the actual legal fees charged by our solicitors) and loss of any kind arising from any actual or alleged claim by a third party that any Material breaches any third party right (including intellectual property rights and privacy rights) or is incorrect, misleading, malicious, discriminatory, defamatory, obscene, harassing, threatening, or unlawful in any way.
  9. We own Artifact and its content but not the artworks you upload
    1. We (and our licensors or suppliers, as the case may be) own all intellectual property rights existing in Artifact and its Underlying Systems, including all of the content of Artifact (such as text, information, graphics, logos, icons and sound recordings), all software code forming part of Artifact and its Underlying Systems and any improvements, enhancements, modifications or adaptations to Artifact and its Underlying Systems, but excluding the Material.
    2. Unless you have received our prior written permission, you agree not to, and will not permit or encourage any third party to:
      1. adapt, reproduce, modify, reverse-engineer, decompile, distribute, print, display, perform, publish or create adaptations from any part of Artifact or its Underlying Systems; or
      2. commercialise, copy or on-sell any information or materials obtained from any part of Artifact.
    3. We grant you a non-exclusive, revocable, worldwide licence to use Artifact for its intended purposes, subject to these Terms.
    4. In accessing, collecting, holding, processing or distributing any Personal Data, we will comply with our Privacy Policy available (here) and applicable privacy laws.
  10. Suspect that intellectual property infringement is occurring on or through Artifact?
    1. We take intellectual property rights very seriously.
    2. We will investigate all notices of infringement. If you believe that your work has been used, accessed or copied in a way that constitutes infringement and such infringement is occurring on or through Artifact, please contact us at support@Artifact.global
  11. We welcome your feedback, but you won't get intellectual property rights as a result
    1. We welcome your feedback and ideas on how to improve Artifact. Please don’t hesitate to send your feedback to feedback@artifact.global.  If you choose to submit your ideas, you agree that we are free to use them and that you will not have rights to any intellectual property that may be generated as a result.
  12. Artifact links to other services, websites and apps
    1. Artifact may enable you to access other applications and websites that are not owned and controlled by us (including for the purchase of works).  Any links to third party websites are provided for convenience only, and the inclusion of any link does not imply that we endorse or verify such websites. We are not responsible or liable for any loss or damage incurred by you as a result of your access to those applications and websites.
    2. Your use of and access to third party applications and websites will be governed by their terms and conditions and privacy policies.  When accessing a third party website or application, we recommend that you read their terms and conditions and privacy policy.
  13. Artifact might not always be perfect
    1. Artifact is provided on an "as is" and "as available" basis and use of it is at your sole risk. We will try to promptly address (during our normal business hours) all technical issues that arise in connection with Artifact, however there may be times when Artifact is inaccessible.
    2. From time to time, we may issue an update to Artifact which may add, modify and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically with little or no notice.
    3. To the maximum extent permitted by law:
      1. we disclaim and exclude all conditions, guarantees or warranties whether expressed or implied by statute or otherwise, other than those set out in these Terms, and to the extent that a condition, guarantee or warranty cannot be excluded or modified by contract, the condition, guarantee or warranty is deemed to be included in these Terms and our liability for any breach of that condition, guarantee or warranty is limited to SGD$1.00; and
      2. we make no representation concerning the quality of Artifact and do not promise that:
        1. Artifact will meet your specific requirements
        2. Artifact (or any third party platform with which Artifact connects) will be available, uninterrupted, timely, secure, free of viruses or other harmful code or error free;
        3. the results that may be obtained from the use of Artifact will be accurate or reliable;
        4. the quality of any products, services, information or other material purchased or obtained by you through Artifact will meet your expectations;
        5. any errors in Artifact will be corrected; or
        6. Artifact will continue to connect with any particular third party platform(s), application(s) or website(s).
    4. Consumer Protection:
      1. If you provide goods or services in trade, you agree and represent that you are acquiring the Artifact service, and accepting these Terms, in trade and that applicable consumer protection legislation (CPL) does not apply to the supply of the Artifact service or these Terms.  You and we agree that it is fair and reasonable that CPL does not apply.
      2. If you are acquiring the Artifact service for your own personal or domestic use, then nothing in these terms affects your rights under CPL that cannot be excluded.  To the extent our liability cannot be excluded but can be limited, our liability is limited to SGD1.00.
      3. We will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from the use of, or the inability to use, Artifact.
      4. We may use third party suppliers to provide necessary hardware, software, networking, connectivity, storage and related technology required to provide Artifact.  The acts and omissions of those third party suppliers may be outside of our control, and we do not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.
      5. To the maximum extent permitted by law, you agree that our maximum aggregate liability under or in connection with these Terms (including for negligence) will not exceed SGD$100 in any circumstances.
      6. This clause 13 does not apply to limit our liability under or in connection with these Terms for:
        1. personal injury or death; or
        2. fraud or wilful misconduct.
  14. This is a legal agreement, so some general provisions apply
    1. These Terms and our Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between us and you, in relation to these Terms or use of Artifact.
    2. If any provision of these Terms is found by a court or other competent authority to be invalid, unenforceable or in conflict with the law, that provision is limited or eliminated to the minimum extent so that these Terms otherwise remain in full effect.
    3. If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.  For us to waive a right under these Terms, the waiver must be in writing.
    4. These Terms, and any dispute relating to these Terms or Artifact, are governed by and must be interpreted in accordance with the laws of the republic of Singapore.  Each party submits to the non-exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or Artifact.
    5. The headings used throughout these Terms are provided for your convenience and do not affect the meaning of these Terms.
  15. Contact us
    1. If you have any questions about these Terms, the practices of Artifact, or if you would like to give us feedback or notice, you can contact us info@Artifact.global