Terms & Conditions – Artivive App

Artivive GmbH (referred to as “Artivive”, “we”, “our”, “ours”, “us”), is an Austrian startup founded in 2017, aiming to change how art is created and consumed. Artivive is the leading platform for augmented reality art, where artists can create new dimensions of art by enhancing physical artworks with a digital layer. Our vision is to bridge the gap between classical and digital art and to provide museums and galleries with the infrastructure to deliver an immersive experience for their visitors.

Artivive consists of two components, the Bridge by Artivive content management tool, which allows users to link the artwork to its digital layer; and the Artivive App, the visualization component that enables the AR art experience. The Artivive App is freely available for mobile and tablet on Google Play and in the App Store.

Introduction
These Terms of Service (“Terms”) form a binding legal agreement (to mean “all legal agreements including our Privacy Policy, Cookies Policy, Terms, and Conditions”) between you, as the licensee and End User (“your”, “yours”, “customer”, “consumer”, “user”), and Artivive GmbH. These Terms govern your right to obtain, access, and make use of Artivive, including using and downloading our mobile applications Artivive and Ivive (“App/s”, “Application/s”). These Terms also cover any information, text, images, audio, video, and other content (“Content”) that you provide when using our services, as well as any data collected for the purposes of setting up an account or for use and display, accessing information provided by or in Artivive.

By making use of, accessing, or downloading the App/s to your smartphone or tablet (“device”), you agree to be bound by these Terms which are triggered at that point. If you do not agree to these Terms, do not download, attempt to use, or use the App/s. If the App/s have already been downloaded, permanently remove and delete them from your device, and do not access or attempt to access them.

Appropriate Use
This section concerns the proper use of Artivive services, for users and our rights. Artivive refers to our proprietary products, software, and services that, together represent our technology service offering currently marketed under the name “Artivive”.

Consisting of various components:

  1. The App/s (“Artivive” and “Ivive”), a user downloads to a compatible device containing proprietary algorithms and code so as to allow it to recognize and understand conceptually the identity of certain persons, places, or things with which the device comes into contact;
  2. Bridge CMS, through which text, images, audio, video, data, and other content is delivered to the device based on the image recognized by the App/s are managed; and
  3. The Artivive Marketplace, is a platform upon which customers can browse and purchase artworks.
  4. As our App/s are mostly used in conjunction with our other Services, particularly where you wish to create, buy and sell artwork or register for more features, we recommend you to familiarize yourself with the Terms and Conditions specifically applicable to said services:

https://artivive.com/terms-and-conditions/

The App/s can be downloaded free of charge, and we do not require you to register an account to view any Augmented Reality (“AR”) enabled artworks.

Apple Device Users:

The following shall apply to you if you download or use the App/s on a device provided by Apple, Inc. (“Apple”), or if you downloaded the App/s from the Apple, Inc. App Store (the “App Store”).

  • Apple has no obligation to provide any support or maintenance with respect to the App/s. We shall be responsible for any such support.
  • You shall at all times use the App/s in accordance with the Usage Rules set forth in the App Store Terms of Service:

https://www.apple.com/legal/internet-services/terms/site.html

Inappropriate Use The Terms set out in this section ensure that Artivive may only be used for lawful purposes and you agree to adhere to all applicable local, state, national and foreign laws, treatises, and regulations in connection with your use of Artivive.

You agree that you will not do any of the following while being registered with, using, or accessing Artivive:

  • Attempt to gain access to or search any of our systems or facilities, or attempt to download content within Artivive, through the use of any search or download engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software, search agents, and interface(s) we provide and include for use;
  • Attempt to access, tamper with, or use non-public information, areas, servers, equipment, or facilities, even if they may be part of the infrastructure used to deliver or support Artivive and our end-users;
  • Gather and use information, such as other users’ usernames, login information, real names, email addresses, and the like, that may be available through Artivive, to transmit any unsolicited advertising, junk mail, spam, or another form of solicitation;
  • Use Artivive for the benefit of any third party or in any manner not abiding by these Terms;
  • Violate any applicable law or regulation, encourage or enable any other user to do any of the foregoing;
    • Copy, modify, or distribute any part or the entirety of our websites for any purpose;
    • Transfer, sublicense, lease, lend, rent, or otherwise distribute the App/s to any third party;
    • Decompile, reverse-engineer, disassemble, or create derivative works of the App/s;
    • Make any features or functionalities of the App/s available to multiple users through any means; or
    • Use the App/s in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms. We and/or our affiliates and licensors are exclusive owners of all rights, titles, and interests, including all associated intellectual property, and we reserve any rights not explicitly granted in this section related to this.

Regarding content, you (the user) shall not:

(i)  Upload, post, or otherwise transmit:

  1. any content for which you do not have the lawful right to copy, transmit and display (including any content that would violate any confidentiality or fiduciary obligations that you might have with respect to the content) or
  2. any content that infringes the intellectual property rights or violated the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or another intellectual property right, or moral right or right of publicity);

(ii) Publish falsehoods, or misinterpretations that could damage us, our business, any of our affiliates, partners, end-users, or any third party;

(iii) Submit material (including choosing a username) that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially, ethnically or otherwise offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

(iv) Impersonate another person or entity.

We reserve the right to investigate and prosecute violations, as we see fit, of any of the above and involve and cooperate with law enforcement authorities in prosecuting users who violate the law or our Terms. You acknowledge that we have full right and authority, but no obligation, to monitor your access to or use of Artivive, for operation and maintenance, to ensure your compliance with these Terms, to comply with applicable law, rule, regulation, or administrative or judicial order, or for any other legitimate purpose.

You agree to defend, indemnify, and hold us (including our affiliated companies, officers, directors, employees, agents, successors and assigns), wholly and completely harmless from and against any claims, liabilities, damages, losses, and expenses (including attorneys’ fees), arising out of or in any way connected to your access or use of Artivive or your violation of these Terms. You agree that we may place or may authorize third parties to place advertising, marketing, and promotional materials within Artivive, in connection with the delivery and/or display of content to end-users or otherwise. We expressly disclaim any and all liability in connection with, and you agree to indemnify and hold us harmless from and against any claim, liability, obligation, damages, or fees (including reasonable attorneys’ fees) resulting from any content supplied by you.

We have absolute discretion to determine whether your content is appropriate for use in our App/s and/or dashboard and any user guidelines published by us. We may remove any content and/or terminate your access for uploading objectionable content, without prior notice and at our sole discretion. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting, publishing, or others making available content or other materials that are believed to violate these Terms. Although we might from time to time, we are under no obligation to prescreen artwork, and you acknowledge the possibility of seeing something you may potentially consider offensive. We also retain the right to delete content that goes against Artivive’s art branding principles; meaning explicitly, purely commercial content aimed at acting as an advertising campaign without any artistic input, and are able to block the respective user with no prior notice.

Deletion
As a user, you have the right to delete the App/s whenever you choose.

Intellectual Property
All content uploaded to Artivive is royalty-free/license-free and falls under the fair use policy and non-commercial agreements, which extend worldwide. The copyright remains with the original owner. Users are able to record and share artworks on the Art Feed, the copyright remains with the original owner.

We may remove any content if we have reason to believe your actions in using Artivive, including any content uploaded by you, infringed the copyright, trademark, or other intellectual property rights of any third party. If you believe that works for which you hold intellectual property rights have been copied, uploaded to, or made available by reason of Artivive in a way that constitutes infringement, please notify our Customer Service Department immediately, and provide us with the following:

  1. The name and signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. A description of the copyrighted work that you claim has been infringed;
  3. A description of what material you believe infringes your rights and where that material is located within Artivive;
  4. Your address, telephone number, and email address;
  5. A written statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or by the law;
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or otherwise authorized to act on the copyright owner’s behalf.

You may not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the App/s, or any content not provided by you. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding the App/s shall be our sole and exclusive property, and you hereby irrevocably assign to us all of your right, title, and interest in and to all feedback. The user confirms that for all the content uploaded they own the intellectual property rights or have to secure the intellectual property owner’s written confirmation prior to uploading the content.

Third Parties
We will not be liable for any third-party content links. It may be the case that links are displayed to third-party websites, resources, products, offerings, and services not housed within Artivive and/or managed or controlled by us. We assume no responsibility for any third-party content, and you are solely responsible for, and assume all risk arising from your use, access, or reliance on any third-party content.

This includes specifically, and without limitation:

  • The availability, accuracy, quality, or reliability of such third party content; or
  • The information, products, or services are available on or through such third-party content.

The existence of any third-party content should not be interpreted as, and does not constitute an endorsement by us of that party, its publisher, or anything related thereto.

Warranty
The Artivive App/s are provided “as is”. You are using these at your own risk and we do not warrant that any portion of our App/s will meet your needs and requirements, will be secure, will operate without interruption, will be error-free, free from malware or other potentially damaging issues. No advice or information, be it oral or written, obtained by you from us or any of our affiliates, agents, partners, employees, successors, or assigns, will create any warranty not expressly stated in these Terms.

Liability
Our liability is limited, but we try to act with reasonable care and skill in delivering users our services. You should not access or use the App/s while driving, operating machinery, or engaging in any other hazardous activity not listed. You assume all risks associated with your access to and use of the App/s, including, but not limited to, the risk of traffic accidents or injury if used while driving. We are not liable for any damages including, though not exclusively loss of data, third party conduct, inability to access services, copyright infringement, or any other damage.

In no event will we be liable for any special, indirect, incidental, punitive, or consequential damages (including without limitation, lost profits, business interruption, and loss or inaccuracy of information) regardless of the form of action, even if the claim was reasonably foreseeable. Artivive will not be accountable for any alterations of digital material or any errors that can occur by using the product.

Apple is not responsible for addressing any claims by you or any third party relating to the App/s, including but not limited to:

  1. Product liability claims;
  2. Any claims that the App/s fail to conform to any applicable legal or regulatory requirements; or
  3. Claims arising under consumer protection or similar legislation.

Any such claims should be directed solely to us for a response.

You acknowledge that this Agreement is between Artivive and you and that Apple is not a party to the Agreement created by these Terms. Apple and Apple’s affiliates and subsidiaries, as the case may be, are third-party beneficiaries of these Terms, and, upon your acceptance hereof, Apple may enforce these Terms against you in such capacity. By downloading the App, you acknowledge that you are not located in a country that is subject to any U.S. Government Embargo or designated as a terrorist-supporting country, and, further, you acknowledge that you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing laws
The user is solely responsible for the content uploaded to Artivive and it should not violate European, Austrian, or any other applicable laws.

Privacy and Confidentiality
Any personal information you provide us with shall be governed by and subject to our Privacy Policy, which determines the collection and use of personal information. Except as expressly and unambiguously permitted hereunder, you agree to hold in confidence and not use or disclose any materials or information disclosed by us, our affiliates, or our licensors, that are confidential or proprietary or which may be reasonably regarded as the confidential information of the other party (“confidential information”).

Confidential information includes the App/s and any new product information or the results of any benchmark or similar tests on, conducted by you, or divulged by you to us. You shall treat as confidential all confidential information with at least the same degree of care you use to prevent unauthorized disclosure or use of your own confidential information but in no event less than reasonable care.

Confidential information will not include any materials or information that you can prove:

  1. Is now, or later becomes, through no act or failure on your part, generally known or available to the public;
  2. Is known by you at the time of disclosure as evidenced by written record, without obligation of confidentiality;
  3. Is furnished to you by a third party, as a matter of right and without restriction on disclosure;
  4. Is independently developed by you without a breach of these Terms;
  5. Is the subject of an express written permission to disclose provided by us; or
  6. Is disclosed in response to a valid order of a court or other governmental body.

Updating Terms
We maintain the right to update or modify any of these Terms without prior notice to you since our servers and services will be in constant development. Any changes could also result in short interruptions of our services. By continuing to use our App/s after the Terms and Conditions have been changed, you are deemed to accept the new Terms. It is recommended that you check every now and again for changes to these Terms yourself. Should there be any significant changes, we will notify you via email.

Salvatory Clause
If any part of these Terms is found void and unenforceable, it will not affect the validity of the balance of the Terms, which shall remain valid and enforceable according to its terms. The failure of a party to insist on the performance of an obligation hereunder shall not be deemed to be a waiver of such obligation or of any other obligation. The parties acknowledge and agree that your material breach of these Terms adversely affecting our proprietary rights would cause irreparable harm to us for which a remedy at law would be inadequate and that we shall be entitled to injunctive relief in addition to any remedies it may have hereunder or at law. Notices under these Terms and any comments, questions, or complaints regarding Artivive to us should be sent to:

Contact
Artivive GmbH
Reindorfgasse 38/1/R01
1150 Vienna