The following Terms and Conditions (“Terms”) are binding agreement proposed by Inspyr Studios, LLC. (“Inspyr” or “we”), a company existing and operating under the laws of New Jersey, for the use of the service for the purpose of hosting online art or music trading which creates a new opportunity in exchange, matching and trading of such art or music by any person (“User” or “you”) accessing or visiting the Platform which is available via our website (Site). To avoid any doubt, if any matter or issue is not defined within specific terms and it directly affects a group of users, these Terms and Conditions shall apply. Any such particular terms shall take prevalence over these Terms and Conditions.
ELIGIBILITY AND COMPREHENDING THE TERMS AND CONDITIONS
By accessing the Site or using our Services, you consent that:
- you are not less than 18 years old;
- if you are representing an entity or another person, you have obtained the appropriate authorization to act on the person or entity’s behalf when it pertains to our Platform; and
- you have read, fully comprehend and consent to these Terms and Conditions.
In case you have not attained the age mentioned herein, or you have not read, comprehended or consent to these Terms and Conditions, you are at this moment not permitted to access the Site or use the Services provided therein.
- Artists shall retain the ownership rights to all art involved, but Inspyr reserve the right to use submitted pieces for promotional purposes.
- Unless otherwise stated, Inspyr will not help in the creation of each piece, aside from providing an inspirational piece.
- Opinions/words of artistic pieces on the Site does not reflect the actual thoughts or opinions of Inspyr.
- The Site shall be free for new users until we decide otherwise.
- Presently, artists will not be compensated on the website. Exceptions to be negotiated on a case-by-case basis.
- Once a piece is submitted, it may be sent to another artist and used as an inspirational piece, even if the original artist withdraws from the process & doesn’t create a new piece based on someone else’s.
- Artist information shall be added to the directory unless otherwise requested.
- By request, artists’ events can be promoted on the official Inspyr Instagram/Facebook. (i.e., upcoming concert, album release, art show, etc.).
ACCESSIBILITY AND AVAILABILITY OF THE SERVICE
Inspyr shall take all reasonable measures to ensure that the Site and the Services are available at all times. Nevertheless, you at this moment understand and agree that Inspyr gives no assurance whatsoever that the Site and the Services will be available at all times without any interruptions. In the event of a failure of the Site or Service due to any reason, Inspyr shall take adequate and appropriate measures to fix such failure as promptly as possible. You understand and approve that you shall not be entitled to any claim for damages which may occur as a result of the failure of the Site and/or its Services.
The User approves that Inspyr (acting solely or through any of its designated contractors) will carry out necessary improvements, adjustments or maintenance on the Site and the Services. Both parties consent that unavailability or inaccessibility of the Site and/or Services during such times shall not be interpreted as a violation of these Terms. If it is possible, Inspyr will notify the User about a proposed interruption.
SECURITY AND PASSWORD
Your password which will be set during the registration process must be in accordance with the standard established by us and mentioned in the registration process. You must secure your account information (username and password) against any intrusion or unauthorized use. The standard may include:
- Changing passwords regularly
- Not using easily guessed username and password
- Not disclosing your password to others, etc.
You are at this moment informed that you are liable for all activities that occur under your account information. To this end, you should promptly notify us when you observe a violation of your account information.
INTELLECTUAL PROPERTY RIGHTS
We possess and hold all intellectual property rights expressed on the Site and/or through the Services or Platform. These include the Site hosting software or any other underlying application, its documentation, marks, names, pictures, graphics, logos, meta-tags, texts or any other protected item being part of the Services and/or Platform (“Contents”). In avoidance of any reasonable doubt, “look and feel” of any item is also a component of the Contents. To this end, all Contents are protected by copyright or other applicable intellectual property rights and treaties all over the world. Hence, all rights are reserved.
In accordance with the intellectual property laws, the copyright laws and these Terms and Conditions, you are at this moment granted a revocable, non-exclusive, non-sub licensable and non-transferrable license to access and use the Services and/or the Platform. This license is granted for the singular purpose of using the Services and the Platform by the predefined purposes.
Hence, you shall not (without our express permission):
- Modify, display, copy, adapt, translate, reproduce, download and create derivative works from any aspect of the software or application Content (unless permitted by applicable laws);
- Decompile, reverse engineer, disassemble or otherwise make an attempt to find out the source code of any aspect of the software or application Contents (unless permitted by applicable laws);
- Lease, rent, transfer or otherwise assign rights to any aspect of the Contents or the Services;
- Circumvent or remove any proprietary information or notices as a part of the Content of the Services;
- Broadcast or display our Contents in a way that a reasonable individual would make a false, negative or misleading idea about Inspyr or about our Services; or
- post, transmit, use or introduce any technological device, application or routine which may interfere with any of the Content or the general functionality of the Site.
We value and protect the proprietary rights to contents supplied by third parties, as long as such contents are available on our Site or accessible through our Services or Platforms, or if the Site contains a link that directs Users to the third-party website that may contain the protected content.
Copyright Notice: In an occasion where you perceive that a content protected by copyright has been violated, kindly notify us at the address provided in this document.
LIMITATION OF LIABILITY
INSPYR SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE OR DAMAGES OR LOSS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA OR OTHER INTANGIBLE ASSETS, TO THE MAXIMUM EXTENT, PERMITTED BY THE APPLICABLE LAWS. THIS EXCLUSION IS ALSO APPLICABLE IN SITUATIONS WHERE WE HAVE BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN THAT SUCH DAMAGES OR LOSS WERE POSSIBLE. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSIDERED TO LIMIT OR EXCLUDE LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY THE APPLICABLE LAWS. IN ALL SITUATIONS, AND TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAWS, OUR OVERALL LIABILITY IN CASE OF ANY DAMAGE AND LOSS CAUSED IN REGARD TO THESE TERMS SHALL NOT EXCEED THE AMOUNT OF FEES FOR OUR SERVICES PAID BY YOU FOR THE MONTH IN WHICH THE DAMAGE OR LOSS OCCURRED.
WE RESERVE THE SOLE RIGHT TO CANCEL ANY ACTION OR TERMINATE ANY EVENT WHICH WE CONSIDER IN OUR DISCRETION TO DAMAGE OUR REPUTATION, IN SOME INSTANCES WITHOUT REFUND (TO BE DECIDED AT OUR SOLE DISCRETION).
OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED WITHIN THESE TERMS, WE MAKE NO OTHER WARRANTY WHATSOEVER, WHETHER IMPLIED, EXPRESSED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NON-INFRINGEMENT.
You consent to reimburse us for any damage or loss fully you cause us by violating these Terms and Conditions, or caused to us due to your false interpretation, as a result of negligence or otherwise.
You also consent to reimburse us for any interruption of our business which occurred as a result of your acts and omissions which pertains to the use of our Services.
JURISDICTION AND APPLICABLE LAW
These Terms and Conditions shall be construed, defined and interpreted under United States laws and the laws of New Jersey without any regard to conflict-of-laws provisions. All claims or disputes arising out of or in connection with these Terms and Conditions including disputes relating to its validity, violation, cancelation or nullity shall be finally settled under the rules of arbitration at the international arbitral centre of the American federal courts in jersey city (new jersey state) by one arbitrator appointed in accordance with the said rules. The seat, or legal place of arbitration, shall be Jersey City. The official language to be used in all court proceedings shall be in English.
CHANGES TO THESE TERMS AND CONDITIONS
These Terms and Conditions may be modified or changed periodically and shall be effective as of “effective date” which the “Modified Terms” were published. The Terms and Conditions shall be legally binding on you as a result of your acceptance of such the “Modified Terms” or by subsequently using our Services. You will be requested to accept the “Modified Terms” before its “effective date.” Without acceptance of the “Modified Terms” after the “effective date,” you will not be allowed to use the Services henceforth.