1. Acknowledgment and Acceptance of Terms of Service

By accessing or using the services provided by Asian Art Contemporary, Inc. (“Asian Art Contemporary”) through its website, www.asianartcontemporary.com (the “Site”), you signify that you have read, understood, and agree to be bound by these Terms of Service and Use, as well as any other guidelines, rules, or policies that may be posted on the Site. If you do not agree to these terms, please refrain from using the Site or its services. Asian Art Contemporary reserves the right to modify these Terms of Service and Use at any time without prior notice. Any changes will be posted on the Site, and it is your responsibility to review them regularly.

2. Intellectual Property Rights

All content provided on the Site, including but not limited to text, images, graphics, logos, button icons, audio clips, video clips, and digital downloads, is the property of Asian Art Contemporary or its content suppliers and is protected by copyright, trademark, and other applicable laws. Any unauthorized use of this content, including reproduction, modification, distribution, transmission, republication, display, or performance, without the express written consent of Asian Art Contemporary or the respective owner, is strictly prohibited. Users are granted a limited, non-exclusive, non-transferable license to access and use the Site for personal, non-commercial purposes only.

3. User Conduct and Obligations

You agree to use the Site and its services in a manner consistent with all applicable laws and regulations. You shall not engage in any conduct that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable. You are also prohibited from uploading or transmitting any material that infringes on the intellectual property rights of others or contains viruses, worms, Trojan horses, or any other malicious code. Asian Art Contemporary reserves the right to remove any content that violates these Terms of Service and Use or that it deems, in its sole discretion, to be otherwise objectionable.

4. Modification of Services

Asian Art Contemporary reserves the right to modify, suspend, or discontinue any aspect or feature of the Site or its services at any time, with or without notice. This includes, but is not limited to, the availability of any content, features, or tools. You agree that Asian Art Contemporary shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Site or its services.

5. Termination of Access

Asian Art Contemporary reserves the right, at its sole discretion, to terminate or restrict your access to the Site and its services at any time, for any reason, including, but not limited to, violation of these Terms of Service and Use. Upon termination, you must immediately cease all use of the Site and destroy any copies of its content that you have made.

6. Nontransferable Rights

Your right to use the Site and its services is personal to you and is not transferable to any other person or entity. You may not share your access credentials or permit others to use your account. Any unauthorized use of the Site or its services may result in the termination of your access rights.

7. Copyright Infringement Claims

Asian Art Contemporary respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide a written notice containing the following information to our designated Copyright Agent:

• A description of the copyrighted work that you claim has been infringed.
• A description of where the alleged infringing material is located on the Site.
• Your contact information, including your name, address, telephone number, and email address.
• A statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

8. Disclaimer of Warranties

The Site and its services are provided on an “as is” and “as available” basis. Asian Art Contemporary makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, or products included on the Site. To the fullest extent permissible by applicable law, Asian Art Contemporary disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Asian Art Contemporary does not warrant that the Site, its servers, or email sent from the Site are free of viruses or other harmful components.

9. Limitation of Liability

Asian Art Contemporary shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Site or its services, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Asian Art Contemporary has been advised of the possibility of such damages. In no event shall Asian Art Contemporary’s total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Site or using its services.

10. Indemnification

You agree to indemnify, defend, and hold harmless Asian Art Contemporary, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Site from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Service and Use by you or any other person accessing the Site using your account.

11. Use of Information

By using the Site, you consent to the collection and use of information as described in our Privacy Policy. You acknowledge that Asian Art Contemporary may use your personal information for purposes including, but not limited to, marketing, research, and the delivery of services offered on the Site.

12. Payment and Refund Policy

All purchases made on the Site are final and non-refundable unless otherwise stated in writing. By making a purchase on the Site, you agree to provide valid payment information and to promptly pay all amounts due. Asian Art Contemporary reserves the right to change its pricing and payment policies at any time.

13. Links to Third-Party Websites

The Site may contain links to third-party websites. Asian Art Contemporary does not endorse, control, or assume any responsibility for the content, privacy policies, or practices of any third-party websites. You access such websites at your own risk, and you should review their terms of service and privacy policies.

14. Marketing Tools and Image Hosting

Asian Art Contemporary provides marketing tools and image hosting services to support the promotion of artists and their works. Use of these tools is subject to these Terms of Service and Use, and unauthorized use may result in termination of access.

15. Display of Art and Exhibition Entries

By submitting your artwork to the Site, you grant Asian Art Contemporary a non-exclusive, royalty-free, perpetual, and worldwide license to display, reproduce, distribute, and promote your artwork in any media, including digital and print formats, for the purpose of promoting the artist and the Site.

16. Governing Law and Jurisdiction

These Terms of Service and Use shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts located in New York for the resolution of any disputes arising out of or relating to these terms or your use of the Site.

17. Entire Agreement and Severability

These Terms of Service and Use constitute the entire agreement between you and Asian Art Contemporary with respect to the use of the Site and its services. If any provision of these terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Changes to the Terms of Service

Asian Art Contemporary reserves the right to change, modify, or update these Terms of Service and Use at any time. Any changes will be posted on the Site and will be effective immediately upon posting. Your continued use of the Site following any such changes constitutes your acceptance of the revised terms.