CMS Terms & Conditions

VORTIC CMS TERMS AND CONDITIONS

Updated 23 February 2021

 

1. THESE TERMS

By using our Services (including by downloading and using the App and accessing and using our Websites) you agree to these legal terms (‘Terms’) applying between you and Vortic Limited (‘Vortic’/us/we) and that English law and courts will apply. These Terms are made in the English language. You can always see the most current version of these Terms on our website www.vorticxr.lss.design. Please read these Terms carefully and contact us if anything is unclear.

 

2. WHO WE ARE AND HOW TO CONTACT US

2.1       The Services are operated and managed by Vortic, which is registered in England and Wales with its registered office at 40 Queen Anne Street, London W1G 9EL, UK and company number 10970991. You accept that communication with us will be mainly electronic. We’ll contact you using the email address linked to your account. You can contact us by:

  • emailing us at: support@vortic.art
  • sending mail to us at LABS Camden – Triangle, Camden Lock Market, Chalk Farm Road, Camden Town, London, NW1 8AB

2.2       You should read these Terms together with:

  • our privacy notice – this explains how we will store, use and share your Personal Data and how you can exercise your rights in respect of it, for example your rights of access; and
  • our cookie policy – this provides information about the use of ‘cookies’ and other similar technologies on our App or Website.

 

3. DEFINITIONS

App: means the Vortic Collect mobile application, and any updates or supplements to these.

Content: any and all information, data, text, music, audio, images, photographs, graphics, video, messages, tags, computer code, software, and other materials (including any of the above presented in an interactive, simulated, immersive, or extended reality environment) that a Partner submits, posts, displays, publishes, reproduces, provides or otherwise distributes or uses on or through the Services.

Partner: means a commercial art gallery, museum, educational facility, luxury retailer, or any other partner that has entered into an agreement with Vortic to exhibit their collection using our Services.

Personal Data: means any information that can be used to personally identify you, including information you give to us when you register (e.g. email address), personal information which may be provided to us by Partners to invite you to join the App, and any information that we collect as you use the Services, as more fully described in our privacy notice.

Services: means the service you connect to via the App and our related Websites.

Your Content: means any and all information, data, text, music, audio, images, photographs, graphics, video, messages, tags and other materials that you submit, post, publish, display, or otherwise provide on or through the Services.

Website: means our websites (including vorticxr.lss.design and vortic.art).

Any phrase introduced by the terms “including”, “include”, or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms.

 

4. WHO CAN ACCESS THE APP?

You must be at least 18 years old to use the App. By downloading and using the App you confirm that you are 18 or older.

 

5. YOUR LIMITED LICENCE TO USE THE SERVICES

5.1       The Services contain software, technology, confidential information and Content that is protected by intellectual property rights and other laws. All intellectual property rights in the Services and the Content belong to us or our licensors and the rights in the Services are licensed (not sold) to you. We license you the right (a personal, revocable, non-transferable, non-sublicensable and non-exclusive licence) to download and use the App on your device, provided you comply with these Terms and any applicable rules of the appstore provider (App Store and Google Play).

5.2       You do not have any right in, or to, the Services or any Content other than the right to use the Services to access and view the Content in accordance with these Terms.

5.3       You have the limited right to: (i) use your device to virtually place and view a piece of Content at scale in your own space (such as on your table or wall with your preferred lighting) and record the placement of the Content in this setting; and (ii) share the recording of the Content’s placement with another person solely for your own personal use in accordance with these Terms (save that you cannot share any private Content sent to you in the App without the express written permission beforehand of the owner or licensor of the Content).

5.4       Except as expressly allowed by law or by these Terms, you cannot: (i) use, distribute, reproduce, modify, copy, download, mirror, adapt, publish, translate, create derivative works from, transfer, loan, rent, sub-license, sell, publicly perform or publicly frame or display any part of the Services, or any included platform, software, or Content; (ii) reverse engineer, decompile, disassemble or attempt to extract the source code of that platform or software; or (ii) combine or incorporate the App or any part of it with any other programmes, except as necessary to use the App on your device.

5.5       If you submit any ideas, suggestions, proposals, or documents to us (together, “Contributions”), you agree that: (i) your Contributions do not contain confidential or proprietary information; (ii) we are not under any obligation of confidentiality regarding those Contributions; (iii) we may have something similar to the Contributions already in development or under consideration; (iv) we may use or disclose (or not) such Contributions for any purpose in any way; (v) your Contributions automatically become the property of Vortic without any obligation of Vortic to you; and (vi) unless otherwise specifically agreed with us in writing, you are not entitled to any payment, compensation or reimbursement of any kind from Vortic under any circumstances.

 

6. USING THE SERVICES

6.1       You can use the Services to remotely view and engage with Content from our Partners, using our extended reality technology. You must always be in a safe space and aware of your surroundings when you are using the Services. Do not use the Services in any situations that require your attention, as using extended reality may compromise your vision, hearing, and alertness. There may be important warnings and instructions regarding use of the Services: you represent and warrant that you will read all such warnings and instructions before you use the Services. You understand and agree that you are solely responsible for your safe use of, and interaction with, the Services.

6.2       You acknowledge that the Content may include nudity or other material that you may consider inaccurate, misleading, inappropriate, offensive, or objectionable. Vortic is not responsible for, does not endorse, and has no obligation to monitor, review, censor, or screen, any of the Content including any of Your Content that you post to the Services (if applicable). You must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of any Content.

6.3       Please contact the relevant Partner if you have concerns about their Content, or if you need any assistance to use the Services. If you need further technical support after this you can email us at support@vorticxr.lss.design.

6.4       You must not misuse our Services, or any part of them, including the Content. You agree that you will:

  • only download the App for your sole, personal use and will not sell on, sub-license, disclose, or pass the App to a third party, or use, download, or distribute the Services or any Content for any commercial purposes;
  • not use the Services or the Content in any way or for any purpose: (i) not expressly permitted by these Terms; or (ii) that infringes or misappropriates any intellectual property right or other rights of Vortic or any third party, including by the submission of any of Your Content;
  • not create more than one account without our prior written consent;
  • not try to access the Services using a method other than the interface and the instructions that we provide (for example by using automated means without our permission, including harvesting bots, robots, spiders, or scrapers);
  • not do anything that could disrupt, disable, overburden, or damage the Services, our systems or security, or interfere with other users;
  • not use the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking or inserting malicious code (such as viruses, Trojans, worms, spyware or other harmful data) into the Services or any operating system;
  • comply with all technology control or export laws and regulations that apply to the technology used or supported by the Services;
  • not impersonate or falsely state your affiliation to any person or organisation;
  • not send or otherwise post unauthorised commercial communications, advertising or promotional material (such as spam) on or through the Services;
  • not collect users’ content or information, solicit login information or access an account belonging to someone else;
  • not facilitate or encourage any violations of these Terms.

6.5       You must also comply with our content standards, including for any of Your Content that you post to the Services (if applicable):

  • you are solely responsible for Your Content that you provide on or through the Services, and for ensuring that it does not violate any applicable law or regulation, or any intellectual property right or other rights of any third party;
  • any of Your Content must be accurate and complete, genuinely held (where you state an opinion), and comply with all applicable law and regulation;
  • you will not bully, intimidate, or harass any user;
  • you will not act in a manner, use the Services or the Content in any way, or post any of Your Content, that: (i) is associated with, promotes, features, encourages, facilitates, or condones illegal activity or violence; (ii) contains or links to any content that is fraudulent, misleading, unethical, infringing or violative of any third party right, malicious, deceptive, abusive, hateful, threatening, defamatory, pornographic, obscene, discriminatory, inflammatory, or is otherwise offensive or objectionable.

6.6       We may reject, recategorise, delete, or refuse to display any of Your Content available via the Services that violates these Terms.

 

7. YOUR LICENCE TO VORTIC

7.1       You retain copyright and any other rights you may already have in Your Content. When you submit, post, publish, or make available any of Your Content on or through the Services, you grant Vortic the non-exclusive, worldwide, royalty-free, sublicensable right and licence to use, host, store, process, distribute, reproduce, download, adapt, publish, modify, translate, create derivative works from, publicly perform and publicly display Your Content in any and all media now known or later developed, for the purpose of providing you with the Services, including promoting and improving the Services and developing new services. This licence exists only for as long as you include Your Content on the Services and will end at the time you remove, or Vortic removes, Your Content from the Services.

7.2       You represent and warrant that: (i) you own or otherwise control all of the rights to Your Content; and (ii) the use of Your Content does not violate these Terms or any intellectual property right or other rights of any third party.

7.3       You are solely responsible for any of Your Content that you choose to disclose and make publicly accessible via the Services. Vortic is not responsible for the disclosure and public accessibility of such content. Any of Your Content posted to publicly accessible areas may remain publicly accessible indefinitely.

 

8. WHAT ABOUT OTHER PEOPLE’S RIGHTS?

8.1       We respect other people’s rights, and expect you to do the same. You cannot use the Services in any way that infringes or violates Vortic’s or anyone else’s copyright, trade mark or other intellectual property rights or otherwise breaks any applicable law.

8.2       The Services display content that we do not own and we are not responsible for. Branding, trademarks, service marks, logos and Content used in the Services may belong to Vortic or someone else, such as a Partner or artist. Save as set out in Clause 5, these Terms do not grant you the right to use such material and you may not use or download any Content unless you get written permission beforehand from us or the owner of the Content, or you are expressly permitted by law.

 

9. WHAT FEES APPLY?

We do not currently charge fees for use of our Services and the App is free to download and use (although you are responsible for any data or other charges of your mobile network provider). We may charge fees for use of our Services, including the App, in the future: if so, you will not be able to use these Services unless you have paid the applicable fees. We will give you reasonable notice [by email or via the Services] of any changes to fees and will also tell you if fees apply at the time you look to use the relevant Services.

 

10. CHANGES TO THESE TERMS

10.1     We will need to update our Terms from time to time, for example due to new functionality, or changes in applicable law or best practice. We will give reasonable notice of changes, including any change to fees as noted in Clause 9, and you should look at these Terms regularly.

10.2     You should stop using the Services if you do not agree to the change. If you keep using the Services after we have announced the change, we will consider you have agreed to the change.

 

11. KEEP YOUR ACCOUNT SAFE

Keep your device and your login details for the Services safe and secure. Do not write down or tell anyone your login details, and do not allow anyone else to access your account. We recommend you choose a unique password which is not obvious and change it regularly. Contact us immediately if you suspect your account may be compromised.

 

12. ABOUT THE SERVICES

12.1     From time to time we may automatically update the Services (or ask you to do so) to improve performance, enhance functionality, reflect changes to the operating system or address security issues. In some cases (for example if there are security risks), you may not be able to use the Services until you have installed the updated version and accepted any new terms.

12.2.    We provide the Services using a commercially reasonable level of skill and care. Other than as expressly set out in these Terms, we do not make any specific promises about the Services and disclaim any and all warranties and conditions (express or implied) to the fullest extent permitted by law. For example, we do not make any commitments about the Content within the Services, the specific functions of the Services, or their accuracy, reliability, availability or ability to meet your needs. We do not guarantee that your use of the Services will be uninterrupted or that they will always be available. Occasionally, we may have to interrupt the use of the Services; if we do, we will restore access as quickly as we can. We cannot guarantee that the Services will be free from bugs or viruses, or never be faulty.

 

13. OUR RESPONSIBILITY FOR LOSS OR DAMAGE WE CAUSE

13.1     If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or of our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

13.2     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, or for fraud or fraudulent misrepresentation.

13.3     If defective digital content that we have supplied damages a device or digital content belonging to you, 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 a free update or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised.

13.4     We will not be liable or responsible:

  • for any act or omission of any of our Partners;
  • for any Content in the Services that is provided by any of our Partners. Partners are responsible for ensuring that all of the Content they provide is accurate, lawful, and does not infringe a third party’s rights;
  • if you have misused your account or acted fraudulently;
  • for any business losses. The Services are for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, loss of business opportunity, or loss of goodwill or reputation;
  • for loss or corruption of data or information;
  • if for any reason the Services are unavailable at any time.

13.5     To the fullest extent permitted by law, you acknowledge that your only remedy with respect to any problems or dissatisfaction with the Services or the Content, is to stop using the Services or such Content and uninstall the App.

13.6     The Services may contain links to other independent websites or apps which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy notices (if any). You will need to make your own decision about whether to use any such sites, including whether to buy any products or services offered by them.

13.7     In the unlikely event of any losses, claims, costs or liabilities we suffer that is a foreseeable result of any of the following, you agree to compensate us and our affiliates and hold us harmless: (i) your breach of these Terms, any applicable law, or the rights of any third party; (ii) Your Content, including the consequences of Vortic publishing such content; or (iii) your use or misuse of the Services or any Content. You agree that we may take reasonable steps to recover any amounts that you owe us (such as taking legal action or using debt collection services) and charge you for the cost of these services.

13.8     Neither of us will be liable to the other for:

  • any loss or damage that is not foreseeable;
  • any loss or damage that is not the direct consequence of your or our respective act or omission; or
  • things that are outside of your or our respective reasonable control.

 

14. COMPLAINTS

14.1     If you have a problem or complaint about the Services, or just want to give us feedback, you can email us at: support@vortic.art. If your dispute or complaint is in relation to a Partner or artist, you must settle it with that Partner or artist.

14.2     We welcome feedback about the Services. You agree that we have the right to use and publish any feedback you provide in or on our Websites and in other sales and marketing materials on an anonymous basis.

 

15. HOW TO CLOSE YOUR ACCOUNT

You can stop using the App and uninstall it at any time. If you wish to stop using the Services and close your account please contact us at: support@vortic.art. Simply deleting the App will not terminate your account. Please see our privacy notice for information about deleting your Personal Information.

 

16. WHEN WE CAN SUSPEND OR CLOSE YOUR ACCOUNT

16.1     We may give you reasonable notice at any time that we are deleting your account and ending these Terms.

16.2     We may also suspend or close your account immediately without notice if:

  • we have reasonable concerns about the security, unauthorised, or fraudulent use of your account;
  • we reasonably believe you are in breach of applicable law;
  • we are legally required to do so;
  • we reasonably believe you have broken these Terms;
  • you have given us false information;
  • you have been abusive to anyone at Vortic;
  • you have not accepted changes to these Terms; or
  • we suspend or discontinue all, or part of, the Services.

16.3     We will give you notice of any suspension and the reasons for such suspension as soon as we reasonably can, unless it would compromise our security measures or be otherwise unlawful. We will lift the suspension as soon as practicable once the reasons for the suspension have ceased to exist.

16.4     When these Terms end you will not be able to use the App. All rights granted under these Terms will cease and you must immediately delete or remove the App from your device.

 

17. WHAT ELSE DO I NEED TO KNOW?

17.1     You accept that these Terms are personal to you and you may only transfer your rights or your obligations under them to another person if we agree in writing in advance. We can transfer these Terms, or any right or obligation under them, at any time, and will tell you in writing if this happens.

17.2     These Terms are not intended to grant rights to anyone except you and us.

17.3     We may choose to ignore it if you break the Terms, or we may choose not to enforce a particular term. But even if we do this, we can still choose to enforce that term or take action because you break that or any other term in the future.

17.4     If our provision of the Services is delayed by an event outside our control we will contact you as soon as we reasonably can to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event. If there is a risk of substantial delay you may contact us to close your account.