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Terms of Service

March 20, 2017

Welcome to Artin, an online service that enables you to to virtually tour and explore locations in certain cities by using audio tours.

These Terms, along with our Privacy Policy and Copyright Policy, create a legal contract between you and Manuzio Ltd. – which owns Artin’s trademark- regarding your use of the Services. Throughout these Terms, “Artin” “us” “our” and “we” refers to Manuzio Ltd. and its affiliates; and “you” or “User” refers to you, our user — anyone who uses, joins, visits, subscribes to or otherwise accesses Artin and its Services.

Accepting These Terms
BY DOWNLOADING THE APP OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS BELOW. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don’t agree to all of the terms below, you may not use the Service.

Changes to these Terms
We reserve the right to change these Terms from time to time. For example, we may need to change these Terms if we come out with a new feature. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we will provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review these Terms periodically to stay informed about our practices.

Whenever we make changes to these Terms, they are effective when the revised Terms are posted unless we notify you otherwise. If you continue to use the Service after the revised Terms have been posted, then you will be deemed to have accepted the changes to these Terms.

Description of the Service

Artin is an online service that enables you to to virtually tour and explore locations in certain cities by using audio tours.

You are responsible for your use of the App. Artin is not responsible for any of the equipment that you may use to access the App (including any earplugs, earphones, or any other listening device, or any mobile device or any other device used to access the Service). Also, Artin is not responsible anything you may encounter while using the App (including, but not limited to, physical hazards, traffic, and other people). Accordingly, you must exercise due care when using the App — Always be fully aware of your surroundings at all times while on a Artin tour or otherwise using our App.

Creating Accounts
When you create an account you must maintain the security of your password and accept all risk that someone may access your account without your permission. If you discover or suspect any security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Artin reserves the right to deny any account at our discretion.

Right to Use the Service
On the condition that you fully comply with these Terms, Artin grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service for your own personal, non-commercial use. However, the App may only be used on mobile devices that you own or control. The terms of this license will also govern any upgrades provided by Artin that replace and/or supplement the original App, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.

Except as expressly authorized by these Terms, you may not (a) modify, disclose, alter, translate or create derivative works of the Service, (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service, (c) disassemble, decompile or reverse engineer any of the software components of the Service, (d) copy, frame or mirror any part of the Service, (e) interfere with or disrupt the integrity or performance of the Service or (f) attempt to gain unauthorized access to the Service or its related systems or networks.

Payment

You’ll honour your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices. If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. Also: • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). • You authorize us to store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your service (e.g. subscriptions) and to facilitate easy payment for new services. • You must pay us for applicable fees and taxes unless you cancel the service, in which case you agree to still pay these fees through the end of the applicable subscription period. You can cancel your Service subscription at any time via the mechanism provided by the Service.Taxes are calculated based on the billing information that you provide us at the time of purchase.

Artin’s Rights
As between you and Artin, all information, materials and content of the Service, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms and other content is owned by Artin or is used with permission. Artin reserves all rights not expressly set forth in these Terms.

 

Content Rights

Our Service is used to display, share, and otherwise make available photos, text and any other material uploaded by Users to the Artin platform (collectively, “User Content”), and to allow Users to interact with and discover User Content across the Service. As a user of our Service, you represent and warrant to us that the underlying intellectual property rights to the material you post, display, transmit or otherwise make available on Artin, including but not limited to copyrights, are owned by the you, the User who has posted the material.

You, the User, shall retain all rights to the Content that you post to the Service. You hereby grant us a non-exclusive, worldwide, royalty-free right and license to reproduce, distribute, publicly display, and otherwise exploit any User Content you upload to the Service and any material associated with your User Content and User profile, including but not limited to photographs, images, likenesses, names, artwork, logos/trademarks, and audio, music or audio-visual recordings for the purposes of operating and providing our Services to you and other Users. Additionally, to the extent permissible under the laws of your state, jurisdiction or country, you hereby waive any right of droit moral or any similar right with respect to the User Content and agree not to institute, support or maintain any action or lawsuit on the ground that the exercise of any of the rights conveyed by you under these Terms constitutes an infringement of any right of droit moral or any similar right is in any way a defamation or mutilation of the User Content, or any part thereof, or of the reputation of any artist, or contains unauthorized variations, alterations, modifications, changes or translations.

We take intellectual property rights seriously. Although we do not select or control the content shared through the Artin platform, we make it our top priority to remove infringing, defamatory, offensive and/or abusive content upon request. You can visit our Copyright Policy section to learn more about how we deal with copyrighted material.

If you notify us of content that infringes your intellectual property rights or the intellectual property rights of a third party, or content that violates our policies, we will review your request and block infringing content from Artin within seven (30) business days.

Our Intellectual Property

We own and retain all right, title and interest in and to the Service, and all related content, technology, materials, data, tools, widgets, user activity reports, intellectual property, programming, development and design, including but not limited to the front and backend systems, visual design, Internet App and accompanying databases. Notwithstanding material posted or uploaded by our Users, all of the content on the Service, including without limitation, the Artin logo, and all designs, text, graphics, pictures, selection, coordination, ‘look and feel’, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “App Materials”), are owned by or licensed to Artin. We protect our App Materials to the fullest extent permissible under United Kingdom and international trade dress, copyright, patent and trademark laws, and various other intellectual property and unfair competition laws. This Agreement does not transfer any ownership rights in any of the foregoing to you or any third party.

Artin is a trademark owned by Manuzio ltd and may not be copied, imitated or used, in whole or in part, without the prior written permission of Manuzio Ldt.You may not use any metatags or any other “hidden text” utilizing “Artin” or any other name, trademark or product or service name of “Artin” without our prior written permission. Content on the App is provided to you on an “as is” basis for your information and personal use only and may not be copied, reproduced, distributed, transmitted, displayed, publicly performed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective rights holders. All other trademarks, registered trademarks, product names and names or logos mentioned in the Service are the property of their respective owners.

Feedback
Artin will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas, or other information or materials that you provide regarding Artin, whether by email, posting through the App, or otherwise (“Feedback”). Location Information
The Service collects location information and it will be used and disclosed as set forth in the Privacy Policy.

You acknowledge and agree that by accepting these Terms or using the Service you affirmatively consent to Artin’s collection, use, disclosure and storage of your location information.

You may revoke your consent with respect to Artin’s collection, use, disclosure and storage of your location information at any time by contacting info@Artin-app.com and deleting the App from your mobile device. Please know that if you revoke your consent by doing one of the foregoing or you delete or deactivate your account, we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period.

If you consent to our collection of location information and you do not subsequently stop the collection of this location information, Artin will continue to collect this location information.

If you consent to our collection of location information, subsequently stop the collection of this location information and later consent to the collection of this location information, Artin will resume the collection of location information.

Artin takes reasonable measures to protect your location information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

The Service is for your use and to collect your location information. You may not use the Service to collect another individual’s location information. If you violate any of this restriction or any other restriction, you will have breached these Terms, which may subject you to prosecution and damages.

Disclaimers
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS APP MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING RESERVATION AVAILABILITY AND PRICING ERRORS. ARTIN, ITS SUBSIDIARIES DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR, ANY ERRORS OR OTHER INACCURACIES

ARTIN MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS APP FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS APP DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY ARTIN. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARTIN DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THIS APP, ITS SERVERS OR ANY EMAIL SENT FROM ARTIN, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTIN HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

Limitation of Liability
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ARTIN, OR ITS AGENTS, VENDORS, TOUR LOCATIONS, PARTNERS OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROPERTY, PHYSICAL LOSSES, DEATH OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICE (INCLUDING, THE APP AND ANY ARTIN TOUR), AND/OR THIRD-PARTY SERVICES OR MATERIALS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF ARTIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

FOR ANY LOSS OR DAMAGE THAT IS NOT EXCLUDED UNDER THESE TERMS, THE TOTAL LIABILITY OF ARTIN AND ITS DIRECTOR, EMPLOYEES, AGENTS, AFFILIATES, TOUR LOCATIONS, VENDORS AND INVESTORS WILL NOT EXCEED THE FEE FOR THE PARTICULAR ARTIN TOUR FROM WHICH THE LOSS OR DAMAGES AROSE (AS OPPOSED TO ANY OTHER FEES/COSTS INCLUDING, BUT NOT LIMITED TO, ANY FEES ASSOCIATED WITH YOUR DEVICE).
Third Party Software
The software you download consists of a package of components, including certain third party software provided under separate third party license terms. Your use of this third party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third party license terms, and nothing in these Terms is intended to impose further restrictions on your use of this third party software.

Changes to the Service
Artin reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Artin will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.

Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at info@Artin-app.com.

Suspension and Termination
Artin may suspend or terminate your rights to access or use the Service (including the App) for any reason or for no reason at all and with or without notice at Artin’s discretion. Suspension or termination may include restricting access to and use of the App. All of the terms of these Terms (excluding the license grant) will survive any termination or suspension.

Governing Law;

JURISDICTION AND APPLICABLE LAW The English courts will have jurisdiction over any claim arising from, or related to, a visit to our Site or use of our Services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England.

General
Enforcement of these Terms is solely at Artin’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and

the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, “including” means “including (without limitation).” The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.

These Terms (and the other policies and terms referred to above) make up the entire agreement between you and us regarding the Service, and they supersede any prior agreements that may have been made.

Contact Us
If you have any questions about these Terms, please email us at info@Artin-app.com.

Developer Name and Address
Any end-user questions, complaints or claims with respect to the App should be directed to: Manuzio Ltd., 18 Hyde Gardens, Eastbourne, East Sussex BN21 4PT, United Kingdom, info@artin-app.com

Copyright

Welcome to Artin, an online service that enables you to to virtually tour and explore locations in certain cities by using audio tours.

This page lists our requirements under the Act for notice of copyright infringement and for responses to such a notice if you or your materials are accused.

We have appointed and registered Alessandra Moro as our copyright agent to receive notifications of claimed infringement. Manuzio’s address, phone number and e-mail address are as follows:

Manuzio Ldt./ Attn. Alessandra Moro, Copyright Agent / 18 Hyde Gardens, Eastbourne, East Sussex BN21 4PT, United Kingdom, info@artin-app.com

As explained in more detail below, the Act requires the removal or disabling of access to content claimed to be, or reasonably determined by Manuzio Ltd the subject of infringing activity. If the Act requires content to be removed from Artin, we will remove the remove the content.

Notice of Copyright Infringement

If you believe that content on Artin, at the direction of a third party, violates any of your exclusive rights under United States copyright law, you must send a written communication to our Copyright Agent at the contact above. The written communication should include the following:

– Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
– Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an e-mail address.
– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
– The following statement: “I have a good faith belief that the use of materials described above is not authorized by the copyright owner, its agent, or the law.”
– The following statement: “The information in this notification is accurate and that I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

We have no other role to play either in prosecuting or defending claims of infringement, and cannot be held accountable in any case for damages, regardless of whether a claim of infringement is found to be true or false. Pursuant to the Act, you may be liable for damages, including court costs and attorneys fees, if you misrepresent that a product or activity is infringing your copyrights. If you are not sure whether material on Artin infringes your copyright, we urge you to first consult an attorney.

We will respond to any claim expeditiously, and in any event, within 30 business days

Counter-Notice

Upon receipt of the above notice of infringement, we will respond expeditiously and remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity as required by the Act. Our Copyright Agent will take reasonable steps to promptly notify the affected party who uploaded the material.

If we have removed your content from Artin due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication to our Copyright Agent above. That written communication should include the following:

– Identification of the content that has been removed from Artin or to which access has been disabled.
– Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an e-mail address.
– A physical or electronic signature from you or from a person authorized to act on your behalf.
– The following statement: “Under penalty of perjury, I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”
– The following statement: “The information in this notification is accurate, and I swear, in good faith and under penalty of perjury, that the content was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.”

If you have served a counter notification complying with the above requirements, please note that we will promptly provide the person who provided the initial infringement statement with a copy of the counter notification and will inform such person that Manuzio Ldt.will replace the removed material or cease disabling access to it within 10-14 business days. We will then replace the removed material and cease disabling access to within 10-14 business days following receipt of the counter notice unless the copyright owner delivers to our Copyright Agent notice that it has filed an action seeking a court order. If we receive a notification from a copyright holder who has procured an enforceable injunction prohibiting Manuzio Ldt.from providing access to allegedly infringing material, we will follow the requirements of the injunction.

Revision

We may revise this policy at any time, including by posting a new version at this Website.