Terms and Conditions of Use

June 2020

1. Introduction

Vizzio Art is brought to you by BeArty Limited, a company registered in England with company registration number 10210553, and registered address 10 Ambassador Place Stockport Road, Altrincham, Cheshire, United Kingdom, WA15 8DB ("Vizzio Art", "we," "us," "our"). Our goal is to make art affordable to all by providing a personalised service with social and interactive features for streaming artworks, images and other content.

These Terms and Conditions of Use (the "Terms") govern your use of any Vizzio Art services, including all associated features and functionalities, websites and user interfaces, as well as all content and software applications associated with our services (collectively, the "Vizzio Art Service" or "Service").

For the avoidance of doubt, these Terms are between you and Vizzio Art only. Regardless of whether you are using our Service through our app downloaded from the Apple Inc. app store, or any other third party application store or platform, it is us, Vizzio Art, not Apple or any other third party app store platform, who is solely responsible for the Vizzio Art iOS Apps and their content.

You must be 18 years of age, or the applicable age of majority in your province, territory or country (if different), to use our Service. Those under 18 (or the applicable age of majority in your province, territory or country (if different)) may only use the service under the supervision of an adult.

2. Enjoying Vizzio Art

2.1 Service Options

You can find a description of our Service options on our website, and we will explain which Service options are available to you when you create a Vizzio Art account. Certain options are provided to you free-of-charge. The Vizzio Art Service that does not require payment is currently referred to as the "Free Service." Other options require payment before you can access them (the "Paid Subscriptions"). We may also offer special promotional plans, memberships, or services, including offerings of third-party products and services in conjunction with or through the Vizzio Art Service. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered subscription plans and promotional offerings at any time in accordance with these Terms.

2.2 Trials

From time to time, we may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a "Trial"). Vizzio Art may determine your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.

For some Trials, you will be required to provide your payment details to begin the Trial. By providing such details you agree that we may automatically begin charging you for the Paid Subscription on the first day following the end of the Trial. IF YOU DO NOT WANT THIS CHARGE, YOU MUST CANCEL THE APPLICABLE PAID SUBSCRIPTION BEFORE THE END OF THE TRIAL EITHER WITHIN THE ‘YOUR ACCOUNT’ SECTION OF THE VIZZIO ART SERVICE OR BY EMAILING US AT INFO@BEARTY.COM.

3. Payments, cancellations, and cooling off

3.1 Billing

You may purchase a Paid Subscription directly from Vizzio Art either by (1) paying a subscription fee in advance on a monthly basis or some other recurring interval disclosed to you prior to your purchase; or (2) pre-payment giving you access to the Vizzio Art Service for a specific time period ("Pre-Paid Period").

Vizzio Art may change the price for the Paid Subscriptions, including recurring subscription fees, or the Pre-Paid Period (for periods not yet paid), from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes will take effect at the start of the next subscription period following the date of the price change. Subject to applicable law, you accept the new price by continuing to use the Vizzio Art Service after the price change takes effect. If you do not agree with a price change, you have the right to reject the change by unsubscribing from the Paid Subscription prior to the price change going into effect.

If you register for a Paid Subscription, you may change your mind and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the "Cooling-off Period") in accordance with the following:

  • If you sign up for a Trial, you agree that the Cooling-off Period for the Paid Subscription for which you are receiving a Trial ends fourteen (14) days after you start the Trial. If you don’t cancel the Paid Subscription before the Trial ends, you lose your right of withdrawal and authorize Vizzio Art to automatically charge you the agreed price each month until you cancel the Paid Subscription.

  • If you purchase a Paid Subscription with no Trial, you authorize Vizzio Art to charge you automatically each month until you cancel. You agree that the Cooling-off Period is available for fourteen (14) days after your purchase but is lost once you use the Vizzio Art Service during that period.

3.2 Renewal and Cancellation

Unless your Paid Subscription has been purchased for a Pre-Paid Period, your payment to Vizzio Art will automatically renew at the end of the applicable subscription period, unless you cancel your Paid Subscriptionbefore the end of the then-current subscription period by clicking here and going to the "Your Account" section. The cancellation will take effect the day after the last day of the current subscription period, and you continue to have the mobile app, but will no longer be able to display any art using it. If you cancel your payment or Paid Subscription and/or terminate your agreement with Us pursuant to these Terms (1) after the Cooling-off Period is over (where applicable), or (2) before the end of the current subscription period, we will not refund any subscription fees already paid to us. If you wish to receive a full refund of all monies paid to Vizzio Art before the Cooling-off Period is over, you must contact us at info@bearty.com. When we process any refund, we will refund amounts using the method you used for payment.

4. Using our service

The Vizzio Art Service and the Content are the property of BeArty Limited or BeArty Limited’s licensors. We grant you limited, non-exclusive, revocable permission to make use of the Vizzio Art Service, and limited, non-exclusive, revocable permission to make personal, non-commercial use of the Content (collectively, "Access"). This Access shall remain in effect until and unless terminated by you or Us. You promise and agree that you are using the Vizzio Art Service and Content for your own personal, non-commercial use and that you will not redistribute or transfer the Vizzio Art Service or the Content.

The Vizzio Art software applications and the Content are not sold or transferred to you, and We and our licensors retain ownership of all copies of the Vizzio Art software applications and Content even after installation on your personal computers, mobile handsets, tablets, wearable devices, speakers, and/or other devices ("Devices").

Where you are accessing our Services through the Vizzio Art iOS Apps, you may only do so on an iPhone, iPod Touch, iPad, or other Apple device that you own or control and as permitted by the Apple App Store Terms of Service (which are available through the Apple App Store on your Apple device). You may use other versions of the Vizzio Art App which are compatible with other non-Apple Devices.

All Vizzio Art trademarks, service marks, trade names, logos, domain names, and any other features of the Vizzio Art brand ("Vizzio Art Brand Features") are the sole property of BeArty Limited or its licensors. The Agreements do not grant you any rights to use any Vizzio Art Brand Features whether for commercial or non-commercial use.

You agree to abide by our User Guidelines as set out at section 6 below, and not to use the Vizzio Art Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in the Agreements, Vizzio Art grants no right, title, or interest to you in the Vizzio Art Service or Content.

Your password protects your user account, and you are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use (including any unauthorized use) of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by a third party, you must notify us immediately and change your password as soon as possible.

Third party software (for example, open source software libraries) or third party devices included in, or used to make the Vizzio Art Service available to you are governed by and subject to such third parties’ relevant terms and conditions, privacy policies and license terms. We do not endorse and nor are we responsible or liable for the behavior, features, or content of any third party application or device or for any transaction you may enter into with the provider of any such third party applications and devices, nor do We warrant the compatibility or continuing compatibility of the third party applications or devices with the Service. You must comply with all applicable third party terms of use or agreement when using our Service.

In consideration for the rights granted to you under these Terms, you grant us the right to (1) allow the Vizzio Art Service to use the processor, bandwidth, and storage hardware on your device(s) in order to facilitate the operation of the Service, (2) to provide advertising and other information to you, and (3) to allow our business partners to do the same. In any part of the Vizzio Art Service, the Content you access, including its selection and placement, may be influenced by commercial considerations, including Vizzio Art’s agreements with third parties.

5. User Content

It is intended that the Services will be developed to allow Vizzio Art users to post, upload, or otherwise contribute content to the Service, as well as to provide feedback ("User Content").

You promise that, with respect to any User Content you post on Vizzio Art, (1) you own or have the right to post such User Content, and (2) such User Content, or its use by Vizzio Art as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines, applicable law, or the intellectual property, publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Vizzio Art or any artist, image bank, licensor, entity or individual without express written consent from Vizzio Art or such individual or entity.

We may use, monitor, review, or edit User Content. In all cases, We reserve the right to remove or disable access to any User Content at any time without prior notification, including User Content that, in our sole discretion, violates these Terms.

You grant Us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully paid, worldwide license to use, reproduce, publish, translate, modify, create derivative works from, and distribute any of your User Content through any medium, whether alone or in combination with other Content or materials, in any manner and by any means, method or technology, whether now known or hereafter created, including whether you continue to use our Services or after termination of your agreement with Us. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, and your right to object to derogatory treatment of such User Content.

If you believe that any Content infringes your intellectual property rights please email us at legal@bearty.com. We may in our sole discretion remove any Content from the Service that we believe infringes any third party intellectual property rights, or we may take other steps that we deem appropriate, without prior notification to the user or party who supplied or posted the relevant Content. We may also terminate the User account(s) of subscribers who are repeat infringers. In this case, such subscribers will not be entitled to a refund or any pre-paid subscription fees.

6. User guidelines

In order to ensure safe and fair enjoyment of the Vizzio Art Services for all our Users, and Content owners, the following are not permitted for any reason whatsoever:

  1. copying, redistributing, reproducing, "ripping," recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the Vizzio Art Service or the Content, or otherwise making any use of the Vizzio Art Service or the Content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the Vizzio Art Service or the Content or any part of it;

  2. using the Vizzio Art Service to import or copy any local files that you do not have the legal right to import or copy in this way;

  3. transferring copies of cached Content from an authorized Device to any other Device via any means;

  4. reverse-engineering, decompiling, disassembling, modifying, or creating derivative works of the Vizzio Art Service, Content or any part thereof except to the extent permitted by applicable law;

  5. circumventing any technology used by Vizzio Art, its licensors, or any third party to protect the Content or the Service;

  6. selling, renting, sublicensing, or leasing of any part of the Vizzio Art Service or the Content;

  7. circumventing any territorial restrictions applied by Vizzio Art or its licensors;

  8. artificially increasing display counts, or otherwise manipulating the Service by (i) using any bot, script, or other automated process; (ii) providing or accepting any form of compensation (financial or otherwise), or (iii) any other means;

  9. removing or altering any copyright, trademark, or other intellectual property notices contained on the Content or the Service or provided through the Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content);

  10. circumventing or blocking advertisements in the Vizzio Art Service, or creating or distributing tools designed to block advertisements in the Vizzio Art Service

  11. providing your password to any other person or using any other person’s username and password;

  12. "crawling" the Vizzio Art Service or otherwise using any automated means (including bots, scrapers, and spiders) to view, access, or collect information from Vizzio Art or the Vizzio Art Service;

  13. selling a user account or playlist, or otherwise accepting or offering to accept any compensation, financial or otherwise, to influence the name of an account or playlist or the content included on an account or playlist; or

  14. artificially promoting Content by automated means or otherwise.

In order to ensure respect for Us, the owners of the Content, and other users of the Vizzio Art Service you must not engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:

  1. is offensive, abusive, defamatory, pornographic, threatening, or obscene;

  2. is illegal, or intended to promote or commit an illegal act of any kind, including violations of intellectual property rights, privacy rights, or proprietary rights of Us or a third party;

  3. includes your password or purposely includes any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data;

  4. includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service;

  5. is intended to or does harass or bully other users;

  6. impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading;

  7. involves the transmission of unsolicited mass mailings or other forms of spam ("spam"), junk mail, chain letters, or similar;

  8. involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by Us;

  9. links to, references, or otherwise promotes commercial products or services, except as expressly authorized by Us;

  10. interferes with or in any way disrupts the Vizzio Art Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or Vizzio Art’s computer systems, network, usage rules, or any of Vizzio Art’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or

  11. conflicts with these Terms, as determined by Us.

You acknowledge and agree that posting any User Content that violates these User guidelines (or that We reasonably believes violates these User guidelines) may result in immediate termination or suspension of your Vizzio Art account. You also agree that We may reclaim your username where it is reasonable for us to do so, including if you have violated these Terms.

7. Service limitations and modifications

We will make reasonable efforts to keep the Vizzio Art Service operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. To the extent that any maintenance or support is required by applicable law, Vizzio Art, not Apple, or any other third party app store platform, shall be obligated to furnish any such maintenance or support. We reserve the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Vizzio Art Service, with advance notice where possible, all without liability to you, except where prohibited by law, for valid reasons such as in case of genuine interruption, modification, or discontinuation of the Vizzio Art Service or any function or feature thereof, or need to repair, maintain or improve the existing functions or features, or to add new functions or features to the Service, or to implement advancements in science and technology or ensure the operability or the security of the Service, legal and regulatory reasons. For the avoidance of doubt, We may add or remove, or limit availability of any Content at any time at our sole discretion.

Notwithstanding the foregoing, if you have prepaid subscription fees and the Vizzio Art Service is permanently discontinued prior to the end of the pre-paid period where reasonably possible, we will seek to refund you such prepaid fees after such permanent discontinuation.

8. Warranty disclaimer

YOU UNDERSTAND AND AGREE THAT THE VIZZIO ART SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. VIZZIO ART AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER VIZZIO ART NOR ANY OWNER OF CONTENT WARRANTS THAT THE VIZZIO ART SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, VIZZIO ART MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, DEVICES OR ANY OTHER PRODUCT OR SERVICE ADVERTISED, PROMOTED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE VIZZIO ART SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING AND VIZZIO ART IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF THE FOREGOING. THIS SECTION DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

FOR THE AVOIDANCE OF DOUBT, TO THE EXTENT ANY WARRANTY EXISTS UNDER LAW THAT IS NOT VALIDLY DISCLAIMED BY THE FOREGOING, OR OTHERWISE CANNOT BE DISCLAIMED, VIZZIO ART, SHALL BE SOLELY RESPONSIBLE FOR SUCH WARRANTY, AND APPLE, OR ANY OTHER THIRD PARTY APP STORE PLATFORMS SHALL NOT HAVE ANY LIABILITY WITH RESPECT TO OUR SERVICES.

9. Limitation

YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE VIZZIO ART SERVICE IS TO UNINSTALL ANY VIZZIO ART SOFTWARE AND TO STOP USING THE VIZZIO ART SERVICE. YOU AGREE THAT VIZZIO ART HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE VIZZIO ART SERVICE, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO VIZZIO ART, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.

IN NO EVENT WILL VIZZIO ART, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

(1) ANY: (A) LOSS OR DAMAGE (INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY, DAMAGES) WHICH IS NOT FORESEEABLE.; (B) LOSS OF USE; (C) LOSS OF DATA; (D) LOSS OF BUSINESS; (E) LOSS OF PROFITS; OR (F) DAMAGE TO DEVICES., IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO USE THE VIZZIO ART SERVICE, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER VIZZIOART HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE;

(2) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE VIZZIO ART SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO VIZZIO ART DURING THE PRIOR TWELVE MONTHS IN QUESTION; OR

(3) NON-PERFORMANCE OR INADEQUATE PERFORMANCE OR DELAY TO THE OBLIGATIONS DERIVING FROM THE AGREEMENTS CAUSED BY FORCE MAJEURE OR ANY CAUSE WHICH IS NOT REASONABLY FORESEEABLE OR BEYOND VIZZIO ART’S REASONABLE CONTROL.

IN ADDITION, TO THE EXTENT YOU HAVE ANY CLAIMS RELATING TO YOUR USE OF THE VIZZIO ART IOS APP, OR ANY OTHER PART OF SERVICE, SUCH CLAIMS SHALL BE ADDRESS TO US, AND NOT APPLE, OR ANY OTHER THIRD PARTY APP STORE PLATFORM, AS THEY SHALL HAVE NO LIABILITY TO YOU IN RESPECT OF OUR APP OR OTHER SERVICES, INCLUDING, BUT NOT LIMITED TO IN RESPECT OF: (I) PRODUCT LIABILITY CLAIMS; (II) ANY CLAIM THAT OUR APP OR ANY PART OF OUR SERVICE FAILS TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT; AND (III) CLAIMS ARISING UNDER CONSUMER PROTECTION, PRIVACY OR SIMILAR LEGISLATION.

10. Indemnification

You agree to indemnify and hold Us harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach of these Terms; (2) any User Content you post or otherwise contribute; (3) any activity in which you engage on or through the Vizzio Art Service; and (4) your violation of any law or the rights of a third party.

To the extent Vizzio Art is required to provide indemnification by applicable law with respect to any claim related to any third party’s intellectual property rights which may be infringed by your possession of the App, or other use of our Service, it shall be Vizzio Art, not Apple, or any other third party app store platform, which shall be solely responsible for the investigation, defense, settlement and discharge of any such claim.

11. Term and termination

We may terminate or suspend your access to the Vizzio Art Service at any time, including in the event of your actual or suspected unauthorised use of the Vizzio Art Service and/or Content, non-compliance with these Terms, or if we withdraw Services and/or Content. If you or We terminate your account with Us, or if We suspend your access to the Vizzio Art Service, you agree that We shall have no liability or responsibility to you, and We will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You may terminate the Agreements at any time by going to the ‘Your Account’ section of the Vizzio Art Service or emailing legal@bearty.com. All sections of these Terms that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.

12. Miscellaneous

Changes to these Terms. Occasionally we may make changes to these Terms for various reasons, such as improving the existing functions or features or adding new functions or features, making technical adjustments to the Service, ensuring the operability or the security of the Service, or for legal or regulatory reasons. If we make material changes to these Terms, we will provide you with notice as appropriate under the circumstances, e.g., by displaying a prominent notice or seeking your agreement within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully.

Legal Compliance. You represent and warrant that: (i) you are not located in a country which is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the England and Wales. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

Third party rights. These Terms are between you and us. However, You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Terms and have the right to enforce the Terms directly against you. No other person shall have any rights to enforce any of these Terms. Neither we nor you will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

Enforceability. If any provision or provisions of these Terms shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Assignment. We may assign these Terms, and any of our rights, or delegate any of our obligations under these Terms, in whole or in part. You may not assign these Terms, in whole or in part, nor transfer or sub-license your rights under these Terms, to any third party.

Customer Support and Contact Us. To find more information about our Service and its features or if you need assistance with your account, please visit our website www.vizzioart.com. If you have any further questions about these Terms, or the Services, please email legal@bearty.com, or you can write to us the old-fashioned way at: BeArty Ltd, 10 Ambassador Place, Stockport Road, Altrincham, Cheshire WA15 8DB, United Kingdom.