Terms of Use
Last updated: January 20, 2024
Thank you for choosing MalovMeta.Art!
General
These Terms of Use are applicable to services provided by MalovMeta.Art (or “we”).
By Customer (or “you”) we mean the legal entity that is ordering services offered by MalovMeta.Art, any of your affiliates together with your and your affiliates’ employees and representatives.
This Agreement shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time, for any reason, and the Museum may terminate your use of the Services at any time, for any or no reason, with or without prior notice or explanation.
Confidentiality
Each party agrees that all code, inventions, know-how and business, technical and financial information disclosed to such party (“Receiving Party”) by the disclosing party ("Disclosing Party") constitute the confidential property of the Disclosing Party (“Confidential Information”), provided that it is identified as confidential at the time of disclosure or should be reasonably known by the Receiving Party to be confidential or proprietary due to the nature of the information disclosed and the circumstances surrounding the disclosure. The Receiving Party will hold in confidence and not disclose any Confidential Information to third parties and not use Confidential Information for any purpose other than fulfilling its obligations and exercising its rights under these Terms. The Receiving Party may disclose Confidential Information to its employees, agents, contractors and other representatives having a legitimate need to know, provided that they are bound to confidentiality obligations and that the Receiving Party remains responsible for compliance by them.
The Receiving Party's confidentiality obligations will not apply to information which the Receiving Party can document:
- was rightfully in its possession or known to it prior to receipt of the Confidential Information;
- is or has become public knowledge through no fault of the Receiving Party;
- is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation;
- is independently developed by employees of the Receiving Party who had no access to such information.
The Receiving Party may also disclose Confidential Information if so required pursuant to a regulation, law or court order (but only to the minimum extent required to comply with such regulation or order and with advance notice to the Disclosing Party).
Liability
Our liability to you will be limited as follows:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, the failure of any limited remedy to achieve its essential purpose or otherwise or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, the failure of any limited remedy to achieve its essential purpose or otherwise, shall be limited to the total sums paid by you for services under the applicable order/contract during the Subscription Period when the damage occurred. If you use the services under a trial period or otherwise free of charge, we disclaims all liability and no compensation will be paid.
WARRANTY DISCLAIMER
ALL SERVICES ARE PROVIDED “AS IS,” AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTY OF NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, FUNCTIONALITY OR MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY. WITHOUT LIMITING OUR EXPRESS OBLIGATIONS IN THESE TERMS, WE DO NOT WARRANT THAT YOUR USE OF THE CLOUD PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT WE WILL REVIEW YOUR DATA FOR ACCURACY OR THAT WE WILL PRESERVE OR MAINTAIN YOUR DATA WITHOUT LOSS. YOU UNDERSTAND THAT USE OF THE CLOUD PRODUCTS NECESSARILY INVOLVES TRANSMISSION OF YOUR DATA OVER NETWORKS THAT WE DO NOT OWN, OPERATE OR CONTROL, AND WE ARE NOT RESPONSIBLE FOR ANY OF YOUR DATA LOST, ALTERED, INTERCEPTED OR STORED ACROSS SUCH NETWORKS. WE CANNOT GUARANTEE THAT OUR SECURITY PROCEDURES WILL BE ERROR-FREE, THAT TRANSMISSIONS OF YOUR DATA WILL ALWAYS BE SECURE OR THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR THOSE OF OUR THIRD PARTY SERVICE PROVIDERS. WE WILL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE OUR REASONABLE CONTROL. YOU MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.
Intellectual Property Rights
All copyrights, trademarks, trade names, logos and other intellectual or industrial property rights held and used by us are our property or third party licensors’ property and must not be reproduced, distributed, sold, used, modified, copied, limited or used (in whole or in part) without our written consent.
You hereby grant to us an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid, worldwide, sub-licensable and transferable license to identify you as a customer in advertising, media relations, trade shows, and other similar promotional activities using your name and trademarks in accordance with your trademark guidelines, if any.
Terms
These Terms are effective as of the Effective Date and expire on the date of expiration or termination of all Subscription Terms.
Terminations
Either party may terminate these Terms (including all related Orders) if the other party:
- fails to cure any material breach of these Terms within thirty (30) days after notice;
- ceases operation without a successor;
- seeks protection under any bankruptcy, receivership, trust deed, creditors’ arrangement, composition or comparable proceeding, or if any such proceeding is instituted against that party (and not dismissed within sixty (60) days thereafter).
You may choose to stop using our services and terminate these Terms (including all Orders) at any time for any reason upon written notice to us, but, upon any such termination:
- you will not be entitled to a refund of any pre-paid fees;
- if you have not already paid all applicable fees for the then-current Subscription Term or related services period (as applicable), any such fees that are outstanding will become immediately due and payable.
Changes and Additions
We may modify these Terms at any time. The latest version of the Terms will be available on MalovMeta.Art. Amendments to the terms and conditions become effective the business day following the day they are posted.