Terms of Service
Last Updated July 9th 2018
Who We Are
We are Acute Art Limited, a company incorporated and registered in England and Wales with company number 10384640. Our normal place of business is at New Wing, Somerset House, Strand. London, WC2R 1LA (we, our, us).
These terms and conditions (together with the documents referred to in them) (the Terms) govern your relationship with us when access our website located at http://www.acuteart.com (the Website) and, if applicable, download and use our mobile app (the App) from a third party platform.
Please refer carefully to these Terms before you start to use the Website and, if applicable, the App. We recommend that you print a copy of these Terms for future reference. By using the Website and, if applicable, the App, you will be deemed to have understood and accepted these Terms, which form a binding agreement between you and us.
Other Applicable Terms
Changes to These Terms
At any time, we may amend these Terms to ensure that we remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience using the Website and/or the App.
Please check this page from time to time to take notice of any changes we have made. By continuing to use the Website and/or the App after changes are made, you are accepting those changes and will be bound by them.
We offer the Website primarily for information purposes, including without limitation information relating to:
- artists with whom we are collaborating;
- details of the virtual reality art works (the VR Artworks) which we have commissioned from such artists;
- events; and
- other news.
The list above is not an exhaustive list of the functions of the Website and we may decide to offer additional Website functions, or cease to provide any Website functions, at any time.
The App enables users to view and experience selected VR Artworks.
The App is available for download from various third party platforms (the Platforms), the current list of which at any given time will be made available on the Website.
The App is currently offered for download free of charge, as is access to the features offered via the App (including access to the VR Artworks). However we reserve the right to make changes to the App – including in relation to the charging of any fees – at any time.
In addition to these Terms, your use of the App will be subject to any terms and conditions of the relevant Platform from which you download it (Platform Terms). We have no knowledge of or control over any Platform Terms and you accept the Platform Terms at your own risk.
App Licence Restrictions
Except as expressly allowed in these Terms, you may not:
- copy the App (except where such copying is enabled by the App);
- transfer the App to anyone else;
- sub-license or otherwise make the App available in whole or in part (and whether in object or source code form) to any person;
- make any alterations to, or modifications of, the App; or
- disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do so,
(together the App Licence Restrictions).
Acceptable Use Restrictions
You may use the Website and the App only for personal and lawful purposes. In particular, but without limitation, you agree not to:
- use the Website or the App in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
- use, share, or otherwise exploit the Website or the App for any commercial, business, or monetised purpose whatsoever;
- reproduce, duplicate, copy, share, or re-sell any part of the Website or the App in contravention of these Terms;
- use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Website or the App; or
- access without authority, interfere with, damage or disrupt (a) any part of the Website or the App; (b) any equipment or network on which the Website is stored; (c) any software used in the provision of the Website or the App; or (d) any equipment, network or software owned or used by any third party,
(together the Acceptable Use Restrictions).
Termination of Your Rights
We may terminate your rights under these Terms immediately and without notice if:
- you have breached any of the App Licence Restrictions or the Acceptable Use Restrictions;
- we believe that your use of the Website or the App is unsuitable in any way; or
- you are otherwise in breach of these Terms.
If we terminate your rights under these Terms:
- you must immediately stop all activities authorised by these Terms, including your access to the Website and your use of the App; and
- you must immediately delete or remove the App from all devices then in your possession, custody or control and, if required, confirm to us that you have done so.
Intellectual Property Rights
You acknowledge and agree that:
- the App, Website, and all material published on, in, or via the Website and the App (including but not limited to the VR Artworks and all other text, graphics, photos, logos, button icons, images, trade marks, audio and audio visual clips, databases, data compilations, and data (together the Content) is owned and controlled by or licensed to us;
- limited rights in the Content are licensed (not sold) to you under these Terms;
- you have no rights in, or to, the Content other than the right to use the Content strictly in accordance with these Terms; and
- you may not copy, adapt, display, share, communicate to the public or otherwise use any Content except as enabled and permitted by the Website, the App and these Terms from time to time.
Availability of the Website and the App
The Website and App are provided on an "as is" basis. We make no representations, warranties or guarantees of any kind regarding the availability or operation of the Website or the App, or that the Website or the App will be secure, uninterrupted or free of defects.
Your access to the Website and/or the App may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new functions or services. We will not be liable to you if for any reason the Website and/or the App are unavailable at any time or for any period.
Updates to the App
From time to time updates to the App may be issued through the Platforms. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
Websites We Link To
The Website may offer links to other websites from which third party services can be obtained and which we reasonably believe to be reputable sources of such services. However, you acknowledge that these other websites are independent from us and we make no representations or warranties as to the legitimacy, accuracy or quality of such third party services, and we do not accept any responsibility for their content, safety, practices or privacy policies.
We will use reasonable endeavours to ensure that no part of the Website or the App will contain or spread any viruses or other malicious code. However, we recommend that you ensure that equipment used to access the Website and the App run up-to-date anti-virus software as a precaution, and you are advised to virus-check any materials downloaded from the Website and/or the App and regularly check for the presence of viruses and other malicious code.
To the full extent permitted by law we exclude liability for damage or loss of any kind caused by viruses or other harmful components originating or contracted from the Website and/or the App.
No Reliance on Information
All information published on or via the Website and App is provided in good faith and for general information purpose only. We make no warranties about the completeness, reliability, or accuracy of such information. Any action you take based on such information is taken at your own risk.
Our Responsibility for Loss or Damage Suffered by You
We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
We provide the Website and the App for domestic and private use only. You agree not to use Website or the App for any commercial or business purposes, and we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We are not responsible for the acts or omissions of any Platform.
If the Website or the App damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow download, installation, or usage instructions or to have in place the minimum system requirements and anti-virus software advised by us.
Except as set out in the paragraph above, you accept and agree we will not be liable for any harmful effect that accessing the Website and/or the App may have on you, and you agree that you access the Website and the App at your own risk.
Communication Between us
If you wish to contact us for any reason, you can do so by e-mail at email@example.com.
We will only contact you if you have signed up for our email newsletter. You may opt out of the newsletter at any time by using the "unsubscribe" link provided.
The App may use pop-up notifications, unless you disable them.
Other Important Terms
We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms.
If we do not enforce our rights against you, or if we delay in doing so, that does not mean that we have waived our rights against you, and it does not mean that you are relieved of your obligations under these Terms. If we do waive a breach by you, we will only do so in writing, and that will not mean that we will automatically waive any later breach by you.
Each of the terms and conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining terms and conditions will remain in full force and effect.
These Terms are governed by English law and the courts of England and Wales have non-exclusive jurisdiction.