TERMS OF SERVICE
ART & SCIENCE NODE
Augmented Reality Application
Last edited on April 15, 2021
The AR Application ART & SCIENCE NODE is an art project in the form of a mobile application using augmented reality (AR) technology. It allows Users to engage with Augmented Reality and explore the possibilities when AR is integrated into the mobile device.
The app and the Website is provided by Fundacja: Art & Science Synergy Foundation – Art & Science Node
[FASSF/ASN], a non-governmental organization registered in Poland, at Chełmińska 11/6, 60-645 in
Poznań, Poland, KRS0000548066, NIP PL7811907921 (hereinafter referred to as: „the Foundation”).
The Terms of Service of the ART & SCIENCE NODE application and website (hereinafter referred to as the „Terms of Service”) specifies the rights and obligations of the Foundation and the users of the mobile application (hereinafter referred to as the „Application”) and the website (hereinafter referred to as the „Website”) by the Foundation.
The User of the Application is anyone who has the Application installed on a mobile device and uses the functionalities provided as part of the Application (hereinafter referred to as the „User”).
We offer the Website as the integral part of the exhibition, presenting the available artworks. The Website also serves the information purposes, including without limitation information relating to:
- artists with whom we are collaborating;
- details of the artworks
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.
INSTALLATION OF THE APP
The application is available for free on Google Play and the App Store. The installation of the App
requires your prior registration with the app store and install of the app store software. The Foundation
does not receive any personal data about you and has no control over the processing of your personal
data in connection with the registration and installation of the app store software and the download of
the app from the App Store. Only the App Store operator is responsible for the processing of your
personal data in accordance with the applicable data protection laws. For more information about how
the app store operator processes your personal data and your data subject rights, please refer to the
APP & WEBSITE LICENCE RESTRICTIONS
Except as expressly allowed in these Terms, the User 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.
ACCEPTABLE USE RESTRICTIONS
The User may use the Website and the App only for personal and lawful purposes. In particular, but without limitation,
the User agrees 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 monetized purpose
- reproduce, duplicate, copy, share, or re-sell any part of the Website or the App in contravention of these
- 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.
TERMINATION OF THE USER’S RIGHTS
The Foundation may terminate the User’s rights under these Terms immediately and without notice if:
- the User has breached any of the App License Restrictions or the Acceptable Use Restrictions;
- the Foundation believes that the User’s use of the Website or the App is unsuitable in any way; or
- the User is otherwise in breach of these Terms.
If the Foundation terminates the User’s rights under these Terms:
- the User must immediately stop all activities authorized by these Terms, including the User’s access to the Website and the User’s use to of the App; and
- the User must immediately delete or remove the App from all devices then in the User’s
possession, custody or control and, if required, confirm to the Foundation that the User has
INTELLECTUAL PROPERTY RIGHTS
The User acknowledge and agree that:
- the App, the Website and all material published on, in, or via the Website and the App (including but not limited to the AR Artworks and all other text, graphics, photos, logos, button icons, images-, trademarks-, audio-
and audio-visual clips, databases, data compilations, and data (together the Content) is owned
and controlled by or licensed to the Foundation;
- limited rights in the Content are licensed (not sold) to the User under these Terms;
- the User has no rights in, or to, the Content other than the right to use the Content strictly in
accordance with these Terms; and
- the User 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 the App is 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.
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.
UPDATES TO THE APP
From time-to-time updates to the App may be issued through the Platforms. Depending on the update,
the User may not be able to use the App until the User has downloaded the latest version of the App
and accepted any new terms.
The Foundation 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, the Foundation 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 the User is
advised to virus-check any materials downloaded from 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 the App is provided in good faith and for general information
purpose only. The Foundation makes no warranties about the completeness, reliability, or accuracy of
such information. Any action the User takes based on such information is taken at the User’s own risk.
THE FOUNDATION’S RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY THE
The Foundation does not exclude or limit its liability to the User where it would be unlawful to do so.
This includes liability for death or personal injury caused by our negligence or the negligence of the
Foundation’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
The Foundation provides the Website or the App for domestic and private use only. The User agrees not to use the Website or the App for any commercial or business purposes, and the Foundation will have no liability to the User for
any loss of profit, loss of business, business interruption, or loss of business opportunity. The
Foundation is not responsible for the acts or omissions of any Platform.
If the Website or the App damages a device or digital content belonging to the User and this is caused by the
Foundation’s failure to use reasonable care and skill, the Foundation will either repair the damage or
pay you compensation. However, the Foundation will not be liable for damage that the User could
have avoided by following the Foundation’s advice to apply an update offered to the User free of
charge or for damage that was caused by the User failing to correctly follow download, installation, or
usage instructions or to have in place the minimum system requirements and anti-virus software
advised by the Foundation.
Except as set out in the paragraph above, the User accepts and agrees the Foundation will not be liable
for any harmful effect that accessing the Website and/or the App may have on the User, and the User agrees that the User access the Website and the App at his/her own risk.
COMMUNICATION BETWEEN THE FOUNDATION AND THE USERS
For the contact purposes, it is possible to do so by e-mail at firstname.lastname@example.org .
The App may use pop-up notifications, unless the User disables them.
OTHER IMPORTANT TERMS
The Foundation may transfer its rights and obligations under these Terms to another organization, but
this will not affect the User’s rights or our obligations under these Terms.
If the Foundation does not enforce our rights against the User, or if the Foundation delays in doing so,
that does not mean that the Foundation has waived our rights against the User, and it does not mean
that the User is relieved of the obligations under these Terms. If the Foundation does waive a breach
by the User, the Foundation will only do so in writing, and that will not mean that the Foundation will
automatically waive any later breach by the User.
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 Polish law and the courts of Poland have non-exclusive jurisdiction.