General Terms and Conditions samsaidyes.com by Artify
1.1 These General Terms and Conditions apply to the User's visit, use and access of the Website as well as to all other information, content, recommendations and/or services provided to the User on or through the Website by Artify.
means the services set forth in paragraph 4, which shall be provided to the User by Artify.
shall mean Artify GmbH, a private limited liability company incorporated and registered in Switzerland with company number CHE-235.420.059, whose registered office is at Hofstrasse 124, 8044 Zürich, Switzerland.
Shall mean www.samsaidyes.com or any other website of Artify including online-shops and mini sites for special offers, smart device application, mobile applications, presence on social media, multimedia portals, etc.
Shall mean any user creating an Account or using the services as a guest, whereas guest cannot be identified by Artify.
Shall mean any picture, photograph, video, motion picture, whether digital origin or digitalized.
Shall mean the responsible User for the Account who has the possibility, right and obligation to administer the Account (Event administrator).
3.1 The User's access and use of the Services constitutes the User's agreement to be bound by these General Terms and Conditions, which establish a contractual relationship between the User and Artify. If the User does not agree to these General Terms and Conditions, the Services of Artify may not be used. These General Terms and Conditions expressly supersede any prior agreements or arrangements between the User and Artify. Artify may terminate these General Terms and Conditions or any services offered or generally cease offering or deny access to any of the services or parts thereof, at any time for any reason without giving reason or notice. However, Artify will use reasonable commercial effort to provide the User with a notice thereof.
3.2 Supplemental terms may apply to certain services. Such terms will be disclosed to the User in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, these General Terms and Conditions for the purposes of the applicable services. In the event of a conflict with respect to the applicable services supplemental terms shall prevail over these General Terms and Conditions.
3.3 Artify may amend these General Terms and Conditions from time to time. Amendments will be effective upon notification if the User does not oppose by giving notice to Artify within 30 days.
3.4 Artify collects and uses personal information in connection with the services as provided in the Data Protection Policy of Artify which can be found at https://www.samsaidyes.com/privacy.
3.5 Payments on the Artify Website are not handled by Artify but by a commissioned third party. Payments can be made by Credit card by entering the customer's credit card details on the Website or by any other payment method offered by the payment provider.
4.1 Artify provides the User with certain services (the "Services") through a technology platform that enables users of the Website provided (Users) as part of the services to upload and share Pictures. The Services shall include but are not limited to:
- Create and administer albums;
- Share User Content;
- Share live-content;
- Invite other users to participate; and
- Feedback, questions and complaints relating to Services may be submitted to the following email address: email@example.com. The User is encouraged to provide feedback.
4.2 The Services are made available solely for the User's personal, non-commercial use.
4.3 The User expressly declares to agree to receiving transactional emails from Artify, which are essential for carrying out the Services (e.g. sign-ups, receipts, etc.). In addition, new features, areas and all other Service-based communication will be informed via email. Users may unsubscribe from Service-based communication or any newsletter they have signed up for but not from trans-actional emails.
5.1 The fees that apply for the use of the Services are disclosed on the Website. Fees paid are final and non-refundable.
5.2 If booking a Service, payment will be executed through a third party commissioned by Artify on the Website. Upon request, Artify will send a receipt to the User via email.
6 User Account
6.1 To use the Services, the User must register for and maintain an active user Services account (“Account”) by following the instruction given on the Website. The User must be at least 18 years of age to create an Account. Account registration may require the User to submit certain personal information to Artify, such as name, address, age, gender, email, additional information etc. The User agrees to maintain accurate, complete, and up-to-date information in its Account. The User's failure to maintain accurate, complete, and up-to-date Account information may result in his ina-bility to access and use the Services. The User is responsible for all activity that occurs under its Account, and the User agrees to maintain the security and secrecy of the Account username and password at all times.
6.2 Any User may only have one Account and may not authorize third parties to use its Account. The Account cannot be assigned or otherwise transferred to any other person.
6.3 The User may be asked to provide proof of identity and age verification to access or use the Services, and the User agrees that access to the use of the Services may be denied if the User refuses to provide the needed information.
7 User Content
7.1 The User may submit, upload, publish or otherwise make available to Artify Pictures, textual, audio, and/or visual content and information, initiation of support requests, etc. (“User Content”). Any User Content provided remains the User's property and the User may decide at all times when and how to share and / or transfer the User Content. The User expressly acknowledges, that any User Content is shared within the defined Group of Users by the Administrator. For the Website to work, it may need access to the User's camera and album, however, Artify will always respect the User's privacy and will not use or publish any User Content without the User's prior Consent. If the user consents to publishing User Content by Artify, the User represents and warrants that he is the sole owner of all User Content or has all rights, licenses, consents and releases necessary to grant Artify the license to the User Content as set out hereinabove as and if needed.
7.2 The User agrees to share any User Content uploaded with other Users as defined by the Administrator and to grant the Administer (not Artify) a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Con-tent in all formats and distribution channels now known or hereafter devised (including in connection with the Services and on third-party sites and services), without further notice to or consent from the User, and without the requirement of payment to the User or any other person or entity.
7.3 The User's commentary and feedback related to the Services may be considered, implemented, disclosed, published or used in any way whatsoever by Artify without the User's consent, without further notice and without the requirement of payment to the User or any other person or entity.
7.4 The User represents and warrants that he owns all rights to the User Content, including, without limitation, the picture or digital recording or the performance contained, that the User is the individual pictured and heard or, alternatively, that the User has obtained permission from each person who appears in the User Content to grant the rights as described herein, that the User Content has been legally obtained and created, that the User Content does not infringe any the intellectual property rights of any third party and that the User Content does not violate applicable laws or regulations. The User agrees to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Artify in its sole discretion, whether or not such material may be protected by law. Artify may, but shall not be obligated to, review, monitor, or remove User Content at any time and for any reason, without notice to the User.
7.5 Artify does not provide any User Content itself. The User Content and any derivative work or expectations are in the sole discretion of the User and under the User's full liability.
8.1 The User may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Artify; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
9 Limitations of liability
9.1 To the extent permitted by the applicable law, Artify shall not be liable to the User in any way (whether by contract (by way of indemnity or otherwise) or tort (including negligence) misrepresentation, breach of statutory duty, restitution or otherwise) for any Service provided through the Website, for:
- Any expectation of the Services of the User;
- Quality or quantity of User Content;
- any losses that could not reasonably be expected to result from Artify's negligence or breach of these Terms and Conditions;
- any loss, damage, costs, expenses or liability that the User suffers in connection with the Services.
- If Artify becomes liable to the User in connection with the services, its liability will be limited to the extent possible by law.
9.2 The Services are provided "as is" and "as available". Artify disclaims all representations and warranties, express, implied or statutory. Artify makes no representation, warranty or guarantee regarding reliability, quality or availability of the Services.
10.1 The User agrees to indemnify and hold Artify and its officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (i) the User's use of the Services or services or goods obtained through the User's use of the Services; (ii) the User's breach or violation of any of these General Terms and Conditions; (iii) Artify's use of the User Content; or (iv) the User's violation of the rights of any third party, including Third Party Providers.
11 Severability Clause
11.1 If any provision of these General Terms and Conditions is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these General Terms and Conditions but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these General Terms and Conditions.
12 Applicable Law and Jurisdiction
12.1 The services and these General Terms and Conditions all noncontractual obligations arising in any way whatsoever out of or in connection with the services shall be governed by, construed and take effect in accordance with the laws of Switzerland.
12.2 Any dispute, claim or matter of difference arising out of or relating to the services or these General Terms and Conditions shall be subject to the exclusive jurisdiction of the competent courts of Zurich, Switzerland.