ART365 會員及服務條款 - 線上藝廊-ART365美術館

ART365 Membership and Terms of Service

Register asART365 GalleryMembers (including but not limited to content publishers, advertisers, content providers, website visitors; hereinafter referred to as "Members and Users"), please note the following terms of use before you start to use the services provided by us, such as posting of content (hereinafter referred to as "Services").

I. Scope of Application

  1. ART365 GalleryThe Terms of Service ("the Terms") are provided in accordance withBelieve Light Investment Co.(hereinafter referred to as the "Company") established by the "ART365 Gallery"( art365.twThese terms and conditions apply to all registered members and users and to all services provided by the Company. These terms and conditions apply to all registered members and users, as well as to all services provided by the Company. If you have any questions, please contact our customer service.
  2. When you carry out the registration process, please be sure to read these terms, once in accordance with the registration process of this site to successfully complete the registration, membership and user eligibility to take effect, is deemed to agree to all the contents of these terms. When you use the services of this website, it means that you have read, understand and agree to accept all the contents of these terms.
  3. If we provide other services in the future, including but not limited to paid services, enterprise edition and other value-added services, if there are separate terms and conditions of use, you will be subject to those specifications for that version of the service.
  4. Individuals or legally registered legal entities who are twenty years of age or older and have full capacity for civil behavior may register as members of this website and use the services provided by the Company. Adults under the age of twenty should obtain the consent of or be accompanied by a legal representative when transacting on this website and comply with these Terms and Conditions and relevant legal requirements. When you use or continue to use this service, it means that your parents (or guardians) have read, understood and agreed to accept all the contents of the Terms and Conditions and its subsequent modifications and changes.

 

II. Change of Terms

The Company has the right to modify the Terms of Use at any time, the Company will not separately notify the members and users, the modified content will be published on the website to replace the original terms and conditions, and will take effect immediately. Please check the latest contents of these terms regularly or irregularly; if you do not agree with the changes in these terms, you may not continue to use the services provided by this website; when you use the services of this website again after the changes in these terms, you are deemed to have accepted the terms after the changes.

 

Account, Password and Security

  1. When you register as a member or user of this website, you must fill in complete and correct information. Members and users are solely responsible for any problems caused by incorrect information. If you provide any incorrect or untrue information, this site has the right to suspend or terminate your account and refuse you the use of all or part of the service.
  2. The member and user IDs, passwords, and emails used for registration must be kept in a safe place and are recommended to be logged out after use, and should not be transferred or lent to a third party for use. Members and users should be responsible for all behavior on this website after logging in with this information.
  3. Members and users who find the ID, password and login to use the email address leaked or stolen, and abnormal login and use behavior, should inform the company as soon as possible, the company will help to deal with, solve, but does not bear any compensation responsibility.

 

IV. Limitation of liability

  1. The information on this website only represents the content published by members and users, members and users should guarantee the legitimacy and credibility of the content, the Company will not be responsible for their behavior and posting of information for any legal responsibility.
  2. All services provided by the Company are provided in accordance with the function of the service at the time of use, for members and users of the requirements, including but not limited to speed, security, integrity, correctness, the Company is not responsible for any form of guarantee.
  3. Members and users should judge for themselves whether the uploaded information, including but not limited to text, pictures, video and audio, is suitable for disclosure on the Internet. The Company cannot guarantee the safety, completeness, accuracy, and legality of all uploaded and stored information.
  4. Members and users should install anti-virus and anti-hacking software to ensure the safety of their own information and equipment. The company is not responsible for any legal liability for any software or hardware damage caused by the content of this website.
  5. The information on this website may contain adult content. Teenagers or children under the age of 18 should obtain parental consent to register for use and be accompanied by their parents.

 

V. Intellectual Property Rights

  1. The program code, web design language and software used in this website and services are protected by laws and regulations related to intellectual property rights. Without the authorization of this website, members and users are not allowed to modify, rent, sell, or distribute part or all of the services, or to create derivative works based on them, or to transfer any rights of the software in any other way.
  2. Sponsored advertisements and information presented on this website are protected by copyright, trademark, patent or other proprietary rights under the law, and may not be copied, modified, or created derivative works without the authorization of this website or the advertiser.
  3. Members and users of the uploaded content, members and users guarantee that all legal, complete copyright and intellectual property rights, and guarantee that the above content are not in violation of the law or any other infringement of the rights of third parties. Once you upload, transmit, input, public transmission or provide any information to this website, you are deemed to have permanent, non-exclusive, gratuitous authorization of this website can be based on the public or private interests of the purpose of the unconditional use of, including but not limited to, modification, reproduction, public broadcasting, alteration, dissemination, distribution, publication, public release, public transmission of such information. You have no objection to this. This website has the right to compile and edit the aforementioned information, but will not sell or transfer your uploaded information without your authorization.
  4. Members and users of all uploaded content, should ensure that the use of this site, modify, reproduce, public broadcast, alteration, dissemination, distribution, public release, sublicensing of the right to such information, does not infringe on the intellectual property rights of any other person, or should be held liable for damages to the Company. If any dispute arises from the violation of the above mentioned lawfulness, the member and the user shall be fully responsible for it, and if any damage is caused to the Company as a result of it, the member and the user shall also be liable for the damages arising therefrom.
  5. Copyright or Intellectual Property Infringement

We respect the intellectual property rights of others, and we ask our members and users to do the same. In appropriate circumstances and at our discretion, we may suspend or terminate the accounts and services of members and users who may be repeat infringers. If you believe that your work has been used in a way that constitutes copyright infringement, or that your intellectual property rights have been violated, please provide the following information to the Company:

(1) An electronic or physical signature of the person entitled to represent the owner of the copyright or other intellectual property interest;

(2) a description of the copyright or other intellectual property right that you claim has been infringed;

(3) a description of the location of the data that you claim is infringing;

(4) Your address, telephone number and e-mail address;

(5) a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made with knowledge of the liability for misrepresentation, that the information contained in your notice as set forth above is accurate and that you are the copyright owner or intellectual property owner or are acting on behalf of the copyright owner or intellectual property owner.

 

VI. Advertising and Advertisers

The advertisements appearing on this website are the responsibility of the advertisers, vendors and organizations that provide them, and the Company shall not be held liable for their accuracy and possible consequences. Artwork information (including but not limited to artwork price, artwork sold status, etc.) uploaded to this website by members and users themselves are the responsibility of the provider such as vendors, organizations, or individuals, and the Company shall not be held liable for their accuracy or any consequences that may result from them.

 

VII. Prohibitions

Users of the Service shall agree not to engage in the following behaviors:

  1. Publish, transmit and distribute information and content that is defamatory, fraudulent, obscene, harmful, gambling or otherwise in violation of the laws and regulations of the Republic of China.
  2. Publishing, transmitting, and distributing information and content that infringes on trademarks, copyrights, and intellectual property rights of others.
  3. Publishing, transmitting, and distributing information and content that infringes on the image rights of others.
  4. Transmitting and sending advertisements, promotional materials and contents without obtaining the consent of others.
  5. Any other behavior that interferes with or impedes others' use of the site.
  6. Damage, interfere with the operation of the system of this site, or increase the load on the system.
  7. Publish, transmit and send viruses, or other programs and messages that may damage or interfere with computer systems or data.
  8. Retrieve, collect, alter or delete information, emails or other personal data of others, use such data for improper purposes.
  9. Publishing, transmitting, or sending messages or content that may be offensive to other users.
  10. Publishing any other information, content or behavior that this website determines is inappropriate for public dissemination. If any such content or behavior is found, this website reserves the right to delete it without further notice.

 

VIII. Sale, purchase or other dealing

  1. Members and users may offer to buy or sell goods, services, or engage in other transactions through the Site or through links from the Site to other sites. If you enter into a transaction with a third party as a result, each such sale or other contract is solely between you and that third party.
  2. Any dispute arising out of any such sale, purchase, service or other transaction should be referred to that third party for relief or resolution. The Company shall not be involved in any sale, purchase, service or other transaction between you and any third party, and shall not be liable for any warranty with respect to the goods, services or other subject matter of the transaction obtained by you.

 

IX. Interruption of services

  1. This website may be subject to service interruptions due to routine maintenance or system updates. The Company will notify members and users of such interruptions before the interruption by means of website announcements, emails, or other appropriate means.
  2. The Company shall not be liable for any direct or indirect damages to the user due to the total or partial interruption of service caused by the following circumstances:

(1) Relocation, replacement, upgrade or maintenance of related hardware and software equipment.

(2) The user has violated any governmental law or these terms and conditions.

(3) Acts of God or other force majeure factors.

(4) Other matters not attributable to the Company.

 

X. Termination of services

  1. Due to the direction and strategy of the Company's operation, the Company may stop providing part or all of the member and user services after informing the members and users through website announcements, emails, or other appropriate means, and the users shall not claim any form of compensation as a result of such stoppage.
  2. Members and users who are disqualified or unable to use part or all of the services due to violation of governmental laws or these terms and conditions shall not be entitled to any form of compensation.

 

XI. Privacy Protection

  1. The Company protects the privacy of all members and users in accordance with the Privacy Policy. The Company will not monitor, add, delete, modify, or hand over registration information to a third party without the consent of the individual.
  2. Members and users to participate in all activities carried out on this website, or use services provided in cooperation with third-party vendors, may be required to provide relevant information, please confirm the provision of willingness to carry out the relevant actions, this site is not responsible for the user to participate in activities to third parties to provide personal information, so please be careful and cautious handling of your personal information.
  3. We may view or provide your information to third parties, including but not limited to the courts, authorities, police, or third parties who present evidence that their rights have been violated, when any of the following circumstances occur:

(1) Receiving an order from a law enforcement agency.

(2) as may be necessary for the enforcement of these Terms.

(3) For the purpose of maintaining the normal operation and safety of the service.

(4) In defense of the interests of third parties.

(5) Any other circumstances that the Company determines to be necessary.

 

XII. Authorization for use

In accordance with Article 11, members and users of the registration information will be protected by privacy, the Company will not monitor, add or delete or modify and use. Other members and users uploaded or posted to this website publicly any text, graphics, images and other information, the rights of members and users or your authorizer all; but any members and users uploaded or posted to this website pictures, text or images, agreed to authorize this website can be based on public welfare or for publicity, promotion of the site's related services, and to recommend high-quality members and users, text, images and images for the purpose of use, modification, reproduction, distribution, publication, use, modification, reproduction, distribution, use, modification, reproduction, distribution, use, modification, reproduction, distribution, use, modification, reproduction, distribution, release, release, use, use, use, use. Members and users agree to authorize this website to use, modify, reproduce, distribute, publish, publicly release, publicly transmit, publicly broadcast and translate such information for public interest or for the purpose of publicizing and promoting the relevant services of this website and recommending quality members and users, text, graphics and images. Members and users also guarantee that the use, modification, reproduction, distribution, publication, public release, public transmission, public broadcasting, and translation of such information will not infringe upon the intellectual property rights of others, or else they shall be liable for damages to this website. All members and users of the website generated, uploaded information and pictures and other content, under the premise of not violating the Personal Information Law and Intellectual Property Rights Law, this website can use the pictures to create advertising graphics and related advertising literature for marketing and brand promotion purposes.

 

Governing Law and Jurisdiction

  1. The interpretation, supplementation and application of these terms and conditions shall be governed by the laws of the Republic of China.
  2. The Taipei District Court in Taiwan shall be the court of first instance for any litigation arising out of these Terms of Use.

 

XIV. Disclaimer

Members and users expressly understand and agree that the Company provides the Services without any express or implied warranties, including but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of others. The Company provides the Services on an "as is" and "as available" basis, and members and users use the Services at their own risk. The Company does not warrant the following:

  1. This service will meet your needs;
  2. The Service is uninterrupted, timely, secure or error-free;
  3. Goods or services purchased through the Service will meet your expectations;
  4. the accuracy of any service, information or other material you obtain through the Service and
  5. Any errors in the software will be corrected. Whether or not you download or obtain any information through the use of the Service is at your own discretion and risk.

advice and information obtained by you from or through the service, whether written or oral, does not constitute a warranty of the service.

 

XV. Protection of Children and Youth

It has become an inevitable trend for children and adolescents to go online, and the use of the Internet to acquire knowledge can help develop their maturity and competitiveness. However, it is true that there are inappropriate messages on the Internet, such as pornographic and violent messages, which may cause mental and physical harm to children and teenagers. Therefore, in order to ensure the safety of children and adolescents using the Internet and to avoid infringement of their privacy rights, parents (or guardians) should fulfill the following obligations:

  1. Check whether the website has a privacy policy on the protection of personal information before deciding whether to consent to the submission of personal information; and children and teenagers should be reminded that they should not disclose any information about themselves or their family members (including their names, addresses, telephone numbers, e-mail addresses, photographs, credit card numbers, etc.) to anyone. Children and teens should also be reminded not to disclose any information about themselves or their families (including name, address, phone number, e-mail address, photo, credit card number, etc.) to anyone.
  2. Children and teenagers should be careful in selecting suitable websites for them to browse. Children under the age of 12 should be accompanied at all times when surfing the Internet, and teenagers over the age of 12 and under the age of 18 should also consider whether or not to give consent before surfing the Internet.

 

XVI. Artwork on-shelf policy

  1. The gallery's commitment to the artwork on the shelf

(1) Artworks offered by the gallery must be accompanied by one of the following certificates and sold at a price that is within a reasonable range of the market price in order to be accepted as artworks by the Platform:

(1-1) Gallery Guarantee

(1-2) Guarantee of original work issued or authorized by the artist

(1-3) Documentary proof from the artist's spouse or immediate family members

(1-4) An appraisal report issued by an appraisal organization recognized by the Company.

(1-5) Albums, publications, etc. published by creative artists, gallery agents, or related exhibition organizers.

 

(2) The Gallery warrants that it has the right to represent or distribute the Artwork (including but not limited to written authorization from the original creator of the Artwork or other legal sources), that it has the ability to transfer to the Buyer complete and unblemished ownership of the Artwork, and that no third party will be able to assert any rights or claim any damages (including but not limited to copyright infringement damages) in relation to the Artwork.

 

(3) The Gallery warrants that it has complied with all laws or other regulations relating to the import and export of works of art and has notified the Company in writing of any past failure by any third party to comply with such laws or regulations.

 

(4) The Gallery warrants that it has notified the Company in writing of any modifications to the Artwork of which it is aware and of the ownership, condition or attribution of the Artwork by third parties.

 

(5) In the event of any inaccuracy in the above warranty or information provided by the Gallery, the Gallery shall indemnify the Company and the Buyer against all losses and expenses (including, but not limited to, amounts claimed by a third party against the Company) arising out of such inaccuracies, regardless of whether such losses and expenses are due to the works of art themselves or to the sale process.

 

  1. Revocation, Release or Termination of Commissioned Sales

The Company may revoke, release or terminate a commissioned sale of an artwork after it has been placed on the Gallery's shelves by the Gallery for any of the following reasons.

(1) When the Company has doubts about the contents of the description or guarantee given by the gallery.

(2) If the Gallery violates the Artwork Listing Policy.

 

  1. Image Rights

All information and images generated and uploaded by the Gallery on the Website, the Gallery agrees that the Company may, without violating the Personal Information Act and the Intellectual Property Act, "use" or "use" any of the information and images generated and uploaded by the Gallery on the Website, without violating the Personal Information Act or the Intellectual Property Act.ART365 Gallery"may be reproduced, edited, adapted, distributed, published, displayed, broadcast, transmitted, screened, or published in the artwork itself, for the purpose of advertising and branding by using the pictures for advertising illustrations and related advertising literature.

 

  1. User Obligations and Commitments

The Gallery undertakes not to use the services of this website (including but not limited to the sale of artwork on the shelves, website advertising, marketing services, etc.) for any unlawful purpose or in any unlawful manner, and undertakes to comply with the relevant laws and regulations of the Republic of China and all international practices in the use of the Internet. Users outside of the Republic of China agree to abide by the laws and regulations of their home country or region. The Gallery agrees and warrants that it will not use the Service to engage in any behavior that infringes on the rights of others or violates the law, including but not limited to:

(1) upload, post, publish or transmit any defamatory, abusive, threatening, offensive, indecent, obscene, untrue, contrary to public order or good morals or other unlawful words, pictures or files of any kind on the Service;

(2) Infringement of others' reputation, privacy, trade secrets, trademarks, copyrights, patents, other intellectual property rights and other rights;

(3) Breach of the obligation of confidentiality under the law or contract;

(4) Use of the Service in the name of another person;

(5) upload, post, transmit or distribute any information that contains computer viruses or any code that interrupts, destroys or restricts the functionality of computer software or hardware;

(6) Engaging in unlawful trade practices or posting false and inaccurate information that may lead to the commission of a crime;

(7) Trafficking in firearms, drugs, prohibited drugs, pirated software or other prohibited items;

(8) Providing gambling information or inducing others to gamble in any way;

(9) Spam, junk mail, chain letters, and illegal multi-level marketing messages;

(10) Injuring a minor by any means;

(11) interfering with or disrupting the Service or servers or networks connected to the Service, or failing to comply with requirements, procedures, policies or rules associated with linking to the Service;

(12) Goods that contain or imply violence.

(13) Commodities that target a specific person or contain discriminatory connotations.

(14) Merchandise that is offensive or discriminatory in terms of race, religion, gender identity, disability, or promotes crime.

(15) Other products that violate public order, good morals, or are prohibited by law from being sold or advertised.

(16) OtherBelieve Light Investment Co.There are legitimate reasons to believe that the behavior is inappropriate.

 

that amount or moreART365 GalleryInterpretation of the Terms of Service shall be vested inBelieve Light Investment Co.All.