TERMS OF USE

These Terms of Use are effective as of 28 May 2024.

This Website is operated by Arterion Group Inc. (“Arterion Group Inc.”, “Arterion Philippines”) (hereinafter referred to as “We”, “us”, or “our”), a Philippine-based non-stock non-profit organization that strives for artistic inclusion, outreach, discoverability, and support for Visual Artists, Photographers, Videographers, and Cosplayers in the Philippines. By providing the platform, recognition, promotion, project development, and sustainable supportive initiatives, Arterion Group Inc. helps creative individuals to gain opportunities, develop growth, and build momentum in their careers over time.

These Terms of Use set out your rights and responsibilities as a visitor and/or user of our Website and Services. By registering or using any of our services, including all associated features and functionalities, websites and user interfaces, as well as all content associated with our Services (collectively, the “Service”), or accessing any content or material that is made available through this Website (“Content”), you are entering into a binding contract with Arterion Group Inc.

Upon your first use of our Website, you acknowledge that you have read and understood these Terms of Use, accept them in full, and agree to be bound by them. If you register with our Website, submit any Content to our Website, or use any of our services, we will ask you to expressly agree to these Terms of Use. If you do not agree to these Terms of Use, you should not use, register, or access any Content on our Website.

ELIGIBILITY AND REGISTRATION

To use our Website and Services, you must ensure that such use is in compliance with all laws, rules and regulations applicable to you. Your right to access our Website and Services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule or regulation. You are responsible for making these determinations before using our Website and Services.

By using our Website and Services, or by accessing any of its Content, you represent and warrant that you are eighteen (18) years of age or older, or in any event that you are below eighteen (18) years of age, you have sufficient legal consent, permission, and capacity to use our Website and Services, and agree to these Terms of Use, in applicable jurisdictions as determined by you.

When you use or register in our Website, you will be required to provide us some of your personal and sensitive personal information (collectively, the “Information”). The processing, collection, use, storage and disclosure of your Information shall be done in accordance with our Privacy Policy, which you likewise have to agree and consent to in full should you want to use our Website and Services, or access any of its Content. Please see our Privacy Policy, which although a separate document, likewise forms part of these Terms of Use.

You represent and warrant that all Information that you submit to our Website are true, accurate, and complete, and you agree to keep it that way at all times. We prohibit use of false information or impersonation of another person or company through your account.

We may, in our sole discretion, refuse to provide or continue providing our Website and Services to any person or entity and change eligibility criteria at any time, including if you fail to comply with these Terms of Use. We reserve the right to deactivate, terminate, prevent access to, disable services for, and/or delete any information, content, or access to our Websites and Services at any time at our sole discretion.

These Terms of Use do not create any agency, partnership, joint venture, employment, or franchisee relationship between you and Arterion Group Inc.

CHANGES TO TERMS OF USE

We may modify these Terms of Use from time to time. Any modifications to these Terms of Use will be effective upon posting on our Website. In instances when necessary, we shall provide you a prior notice through email. Your continued use of our Website and Services after the changes have been made will constitute your acceptance of such changes. Therefore, please make sure to read any such notice carefully.

INTELLECTUAL PROPERTY RIGHTS

All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trademarks (collectively, the “Materials”) on this Website are protected by copyright laws and/or other laws and/or international treaties, and belong to us or our third party licensors, as the case may be. These Materials may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us or our third party licensors, as the case may be.

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use our Website and Services, as expressly authorized by us and as set forth in these Terms of Use. You shall abide by and maintain all intellectual property notices, information, and restrictions contained in the Websites and Services. Nothing contained on this Website should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on our Website without our written permission. Misuse of any trademarks or any other content displayed on our Website is prohibited.

We shall take legal action against any unauthorized use of its trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved.

USER CONTENT

Through registering to our Website, you may submit or upload contents, including your personal information (“User Content”), and may make them accessible to other users of our Website. By providing your User Content, you grant us the right to process your User Content in accordance with these Terms of Use, and our Privacy Policy. Likewise, you grant our Partners a non-exclusive license to access and use your User Content as permitted by these Terms of Use, our Privacy Policy, and the functionality of our Website.

User Content must not be unlawful, threatening, abusive, spiteful, defamatory, invasive of privacy, obscene, profane, sexually explicit, fraudulent or otherwise objectionable or injurious to third parties (including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate applicable law). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of your User Content.

You are solely responsible for keeping your password confidential and secure. You understand and acknowledge 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, please notify us immediately and change your password as soon as possible.

You are solely responsible for your User Content, and you agree that Arterion Group Inc. is not and will not be in any way liable for your User Content. We are under no obligation to edit or control your User Content or the User Content of others, and will not be in any way responsible or liable for User Content. We may, however, at any time and without prior notice, screen, remove, edit, or block any of your User Content at our discretion. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST ARTERION GROUP INC. RELATED TO USER CONTENT THAT YOU SUBMIT, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD ARTERION GROUP INC. HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

USE OF OUR WEBSITE

You may:

(a) view pages from our Website in a web browser;

(b) download pages from our Website for caching in a web browser;

(c) print pages from our Website;

(d) stream audio and video files from our Website; and

You agree not to:

(a) reproduce, copy, distribute, modify, publish, transmit, display, use, reuse, re-publicize, assign, sublicense, sell, or exploit for any public or commercial purpose unless expressly allowed under these Terms of Use, any portion of our Website, use of our Website, or access to our Website.

(b) attempt to change, add to, remove, deface, hack or otherwise interfere with our Website or any material or content displayed on our Website; and/or

(c) access or use our Website in any way that could or is intended to damage or impair our Website, or any server or network underlying our Website, or interfere with anyone else's use and enjoyment of our Website;

(d) use our Website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of our Website;

(e) use our Website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(f) use our Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Website without our express written consent;

(h) access or otherwise interact with our Website using any robot, spider or other automated means;

(i) violate the directives set out in the robots.txt file for our Website; or

(j) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

We reserve the right to restrict access to areas of or the whole Website, at our discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our Website.

DISCLAIMER AND EXCLUSION OF LIABILITY

1. Our Website, the Services, the Contents on our Website, and use of all related facilities are provided on an "as is, as available" basis without any warranties whether express or implied.

2. To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to our Website and its contents, including in relation to any inaccuracies or omissions in our Website, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, noninfringement or implied warranties from course of dealing or usage of trade.

3. We do not warrant that our Website will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that our Website will not be affected by any Acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

4. While we may use reasonable efforts to include accurate and up-to-date information on our Website, we make no warranties or representations as to its accuracy, timeliness or completeness. WE, INCLUDING OUR OFFICERS, EMPLOYEES, AGENTS AND AUTHORIZED REPRESENTATIVES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWSOEVER CAUSED, RESULTING FROM YOUR ACCESS TO, USE OF OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING FROM OUR WEBSITE, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR IN ITS TRANSMISSION INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.

6. Notwithstanding our efforts to ensure that our Website is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to our Website, or electronic mail transmitted to and from us, will not be monitored or read by others.

7. We reserve the right to discontinue or alter any or all of our Services, and to stop publishing our Website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any of our Services, or if we stop publishing the Website.

LINKS TO THIS SITE

You may not create a link to any page of our Website without our prior written consent. If you do create a link to a page of our Website, you do so at your own risk and these Terms of Use will apply to your use of our Website by linking to it.

THIRD PARTY ADVERTISEMENTS AND LINKS TO THIRD PARTY SITES

Our Website may display advertisements from third parties, such as banner advertisements and pop-up texts, and links to third party sites, on our Website. We are not responsible for the content of such advertisements or links, any products, services or other materials relating to such advertisements, any linked site, or any link contained in a linked site. The display of any such advertisement or link does not imply endorsement by Arterion Group Inc. of the advertisement or linked site or any content therein. IN NO EVENT WILL ARTERION GROUP INC., INCLUDING OUR OFFICERS, EMPLOYEES, AGENTS AND AUTHORIZED REPRESENTATIVES, BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE OR RELIANCE ON ANY THIRD PARTY ADVERTISEMENT DISPLAYED ON THE SITE, ANY PRODUCTS, SERVICES OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY SITE OR ANY LINK CONTAINED IN A LINKED SITE.

BREACHES OF THESE TERMS OF USE

Without prejudice to our other rights under these terms and conditions, if you breach or we reasonably suspect that you breach any provisions of these Terms of Use, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our Website;

(c) permanently prohibit you from accessing our Website;

(d) block computers using your IP address from accessing our Website;

(e) contact any or all your internet service providers and request that they block your access to our Website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our Website.

Where we suspend or prohibit or block your access to our Website or a part of our Website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account.

ASSIGNMENT

We may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use. However, you may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms of Use.

SEVERABILITY

If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these Terms of Use would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

THIRD PARTY RIGHTS

These Terms of Use are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under these terms and conditions is not subject to the consent of any third party.

GOVERNING LAW AND JURISDICTION

This Site may be accessed from all countries around the world where the local technology permits. As each country has differing laws, by accessing this Site both we and you agree that the laws of the Republic of the Philippines, without regard to the conflict of laws principles thereof, will apply to all matters relating to these Terms of Use.

Contact

For questions or clarification regarding this policy, please contact:

Niko Luis Anchorez

Chief Executive Officer

nikoanchorez@arterionph.com

Allyssa Micah Ramirez

Executive Assistant, Office of the Executive Director

executive@arterionph.com