Last Revised: April 26, 2021
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- Description of the Services
- License. Async hereby grants:
- to each Creator, and to each holder of a Layer Token for so long as such person holds such Layer Token, a limited, nonexclusive, fully paid-up, worldwide license to modify any Master that includes the corresponding Layer, and/or to modify the manner in which such Master is displayed and/or performed, on Async Applications, by selecting which among the series of images and or audio files comprising the Layer is to be displayed and/or performed within such Master through the Apps at a given time.
- Each holder of a Token (whether Master or Layer) understands and agrees that the Creator retains all right, title, and interest in and to the Master and Layer, whether modified or unmodified. To effectuate the Creator’s ownership, to the extent allowed by applicable law, each holder of a Token hereby assigns, transfers, and conveys to the Creator all right, title, and interest it may or will hold in and to the Master and Layer, both as modified and as unmodified, and hereby waives any moral rights and other retained rights. To the extent any rights in and to the Master or Layer cannot legally be waived nor assigned, each such holder of a Token hereby grants to the Creator an exclusive and unlimited, royalty-free, perpetual, transferable, sublicensable, worldwide, fully paid-up license, to use such rights and the Master and Layer (whether modified or unmodified) in any and all ways.
- Users. Users of the Site (“Users”) will be able to search, browse, and click on links to Creative Works displayed on the Site (“Browsing Services”). Users may connect their Ethereum wallet and make a bid if desired. A User is not required to connect an Ethereum wallet in order to access the Browsing Services. Users must be at least eighteen (18) years old to access the Site and use the Services.
- Collectors. Users will be able to search, browse, click on links, purchase and sell Tokens that represent the licenses set forth in Section 2 on the Site. The holder and legal owner of a Token (“Collector”) will have no intellectual property rights to that Creative Work, other than the limited license rights set forth in Section 2. Collectors will need to connect their Ethereum wallet in order to make bids on Creative Works.
- Applicants. In order to become a Creator on the Site, prospective artists and entities, including, but not limited to, visual artists, musicians, performers, production studios, record labels, and other creators (“Applicants”) must complete an application on the Site. Async will in its sole discretion approve or deny the application.
- Creators. Applicants approved by Async (“Creators”) will be permitted to upload Creative Works onto the Site. Rights and obligations regarding the posting of Creative Works can be found here: https://async.art/legal/artist-terms or http://async.art/legal/music-terms (collectively, “Creator Terms”). Async has sole discretion regarding acceptance and hosting of Creative Works. Async reserves the right to immediately remove any Creative Work from the Site for any reason or for no reason without notice.
- App Users. Users will be able to download the Apple TV app available at https://apps.apple.com/us/app/id1515389456, and browser extension available at https://chrome.google.com/webstore/detail/async-art-browser-extensi/ocjldjbjmefjflipfgomhihpjpkgoboe (“Apps”) for the purposes of displaying Creative Works on their personal Apple TV, laptop or desktop computer.
- Ethereum Wallet.
- Connecting Ethereum Wallets. In order to use certain features of the Site, you must connect an Ethereum wallet to the Site (“Wallet”). You represent and warrant that you are the exclusive owner and controller of the Wallet. You are responsible for maintaining the confidentiality of any financial information related to your Wallet.
- Creating a Profile. Once you have connected your Wallet, you may choose to create a profile on the Site by choosing a username and uploading an avatar. If you choose to create a profile, you may also choose a username and provide an email address. Async may, in its sole discretion, delete your profile if we deem your username to be offensive or inappropriate.
- Signing Out. You may sign out of the Site by disconnecting your Wallet from the Site at any time, for any reason. You can do this by going onto the Site, clicking “Connect to a wallet” and “Disconnect”.
- Access to the Site
- Modification of the Site. Async reserves the right, at any time, to modify, suspend, or discontinue the Services and/or Site (in whole or in part) with or without notice to you. You agree that Async will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- Modification of the Smart Contract. Async reserves the right, at any time, to modify, suspend, or discontinue the Smart Contract, and to mandate migration to a new version of the Smart Contract where Async deems it appropriate. Async also reserves the right to pause new bids or to close auctions in order to ensure orderly or efficient migration to a new version of the Smart Contract. Collectors and Creators will be given one week’s notice of any proposed migrations via email, if provided, and through Async’s social media channels including the Site.
- No Support or Maintenance. You acknowledge and agree that Async will have no obligation to provide you with any support or maintenance in connection with the Site, unless specifically contracted for under a separate agreement.
- Prohibition on the Sale of Securities. Async prohibits the solicitation, offer, purchase, sale or distribution of securities on the Site. Users, Collectors, Applicants, Creators, App users, and other persons (“Persons”) agree not to use the Site, Creative Works or Tokens to solicit, offer, purchase, sell or otherwise distribute securities. No Creative Works or Tokens are intended to be classified as a security and no transaction in any Creative Work or Token is intended to constitute a securities transaction under the U.S. federal securities laws, U.S. state laws, or by foreign authorities.
- Persons that effect transactions on the Site agree that Async and the Site are not acting as a securities broker or dealer with respect to any transactions in the Creative Works or Tokens accessed through the Site.
- Persons agree that Async or the Site are not facilitating clearing or settlement of securities through the Site.
- Async and the Site are not registered or licensed with The U.S. Securities and Exchange Commission (“SEC”) or foreign authorities as a broker-dealer, national securities exchange, or ATS (or foreign equivalents), and we do not seek to register or rely on an exemption from such registration or license to facilitate the offer and sale of Creative Works or Tokens on the Site. We only permit transfers of Creative Works or Tokens on the Site of those Creative Works or Tokens which are not securities. In the event that Async determines there is a reasonable basis upon which to conclude that a Creative Work or Token is a security or transactions in a Creative Work or Token constitute securities transactions, such Creative Work or Token will be removed from the Site.
- You acknowledge the all intellectual property underlying the Creative Work is owned or controlled by the Creator.
- User Content
- Maintenance and Backups. YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR CREATING AND MAINTAINING YOUR OWN BACKUP COPIES OF YOUR USER CONTENT, INCLUDING ANY MODIFIED AND UNMODIFIED CREATIVE WORKS FOR WHICH YOU HOLD A TOKEN OR OTHERWISE HOLD ANY RIGHTS. YOU UNDERSTAND AND AGREE THAT ASYNC MAY DISCONTINUE PROVIDING THE WEBSITE AND/OR THE SERVICES AT ANY TIME, AND ASYNC IS NOT AND WILL NOT BE LIABLE FOR PRESERVING OR FAILING TO PRESERVE USER CONTENT, INCLUDING ANY MODIFIED AND UNMODIFIED CREATIVE WORKS FOR WHICH YOU HOLD A TOKEN OR OTHERWISE HOLD ANY RIGHTS.
- Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
- You agree not to engage in conduct and/or use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
- Feedback. If you provide Async with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Async all rights in such Feedback and agree that Async shall have the right to use and fully exploit such Feedback and related information in any manner it deems, in its sole discretion, appropriate. You agree that you will not submit to Async any information or ideas that you consider to be confidential or proprietary, and any Feedback provided to Async may be treated by Async as non-confidential and non-proprietary.
- Fees and Creative Work Sales.
- Creative Work Sales. Collectors do not pay any fees related to the initial purchase of Tokens. Secondary sales of any Tokens that take place on the Smart Contract will result in 1% of the purchase amount distributed from the secondary purchaser to Async. Any fees imposed by Async due to Async by the Creator, or any payments due to the Creator by Async shall be outlined in the Creator Terms. Async may introduce premium services and impose fees related to such services in the future. Primary and secondary sales of Tokens that take place on the Smart Contract must be paid in ether (“ETH”).
- Limited Edition Sales.
- Async may, from time to time and in collaboration with select Creators, allow Users and Collectors to place an order for certain limited-edition Creative Works (“Limited Editions”). The offer will last until the quota has been filled (“Closing Date”).
- In order to place an order for Limited Editions, you must have created a profile and provided an email address.
- Primary purchases of Limited Editions can be paid with ETH or using a credit card through one of Async’s payment processors.
- If you choose to pay using a credit card, you will be directed to our payment processor’s website to enter your credit card and other payment details. After 14 days has elapsed from the date of payment, you will receive a virtual unrecorded edition of the Creative Work (“Voucher”) which can be viewed by logging into your profile. You can then redeem the Voucher for the Limited Edition at any time by clicking “Record”. You will receive the Limited Edition in your connected Wallet within 72 hours of redemption.
- If you choose to pay with ETH, you will receive a Voucher in the form of an ERC-1155 token on payment and will be able to redeem the Voucher immediately by logging into your account and clicking “Record”. You will receive the Limited Edition in your connected Wallet within 72 hours of redemption.
- Your placing of a Limited Edition order constitutes your express agreement to Async charging the full purchase price of the Creative Work at such time. You will be charged the full purchase price at the time of placing the order. All Limited Edition orders are final and you may not cancel your Limited Edition order at any time.
- If your Limited Edition order was successful, Async will mint the Limited Edition Creative Works on behalf of the Creator and transfer it to your connected Wallet within 72 hours of redemption. If your Limited Edition order was not successful, you will receive an email to that effect within 3 days of placing the order and Async will refund you the full amount of the purchase price. It may take up to 3 days for the funds to reach your account.
- The placing of a Limited Edition order does not guarantee you the right to purchase the Creative Work. You acknowledge and agree that Async may decline or delay reservations to avoid over subscription, where Async receives notice from the payment processor that there has been a chargeback, or as it deems appropriate, provided that we will make efforts to inform you within two weeks of our receipt of your Limited Edition order, and that you will be entitled to a full refund of the purchase price.
- For secondary sales of Limited Editions utilizing the Smart Contract, 5% of the purchase amount will be distributed from the secondary purchaser to Async.
- Assumption of Risk. You accept and acknowledge:
- You are solely responsible for determining what, if any, taxes apply to your purchases and sales of Tokens. Async is not responsible for determining the taxes that apply to Token transactions.
- Async is not responsible for exploits that are not reasonably foreseeable. While Async has taken a number of precautions to ensure the security of the Smart Contract, the technology is relatively new, and it is not possible to guarantee that the code is 100% free from bugs or errors.
- The Site does not store, send or receive Tokens. The Tokens are minted and transferred on the Smart Contract maintained by Async. Any transfers of Tokens occur via the Smart Contract located on the Ethereum blockchain and not on this Site.
- There are risks associated with accepting cryptocurrencies as payment and purchasing blockchain based Tokens, including but not limited to, the risk of losing private keys, theft of cryptocurrency or Tokens due to hackers finding out your private key, lack of a secondary market, significant price volatility, hard forks and disruptions to the Ethereum blockchain. You accept and acknowledge that transfers on the Ethereum blockchain are irreversible and as a result, it is not possible for Async to issue refunds on Token purchases.
- There is a risk that Async may be obligated to take down listings and remove Creative Works from the Site if it has received a Digital Millennium Copyright Notice (“DMCA Notice”) under Section 16. Async may also be obligated to serve a DMCA Notice to its IPFS service provider. If this occurs, the Token may no longer reference the Creative Work. Creative Works linked to images and/or audio files subject to a DMCA Notice may subsequently lose value and owners of Layer Tokens associated with Layers comprising such Creative Work may no longer be able to modify the corresponding Master or exercise the other rights granted to them by virtue of being the owners of such Layer Token
- Where a Creative Work has been delisted from the Site, Async will cease Rendering Services related to that Creative Work or its associated Masters or Layers. Owners of a Token associated with a Layer that has been delisted must interact with the smart contract directly or find an external source to update their Token.
- Async cannot guarantee payment of any royalties to Creators where transactions involving Tokens occur on third-party platforms or directly between Collectors.
- Third-Party Links & Ads; Other Users
- Other Users. Each User is solely responsible for any and all of its own User Content. Any descriptions and explanations of Creative Works are posted for informational purposes only and may not be independently verified by Async and/or its partners. Therefore, your reliance on such information is at your own risk. You should always verify information on our Site before making a bid or purchase. Because we do not control User Content and/or other third-party sites and resources, you acknowledge and agree that we are not responsible for the accuracy or availability of any User Content and materials and/or external sites or resources, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content. Your interactions with other Users are solely between you and such Users. You agree that Async will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any User, we are under no obligation to become involved.
- Release. You hereby release and forever discharge Async (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site and/or User Content (including any interactions with, or act or omission of, Users or any links or advertisements of third-parties). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- Accuracy of Information. We attempt to ensure that the information that we provide on this Site is complete, accurate and current. Despite our efforts, the information on this Site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or correctness of any information on this Site.
- THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND ASYNC (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
- YOU ACKNOWLEDGE THAT YOU ARE NOT RELYING ON ASYNC IN MAKING A PURCHASE, BID, OR SALE. ASYNC DOES NOT ENDORSE ANY OTHER THIRD-PARTY AND SHALL NOT BE RESPONSIBLE IN ANY WAY FOR ANY TRANSACTIONS YOU ENTER INTO WITH OTHER USERS. YOU AGREE THAT ASYNC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY SORT INCURRED AS THE RESULT OF ANY INTERACTIONS BETWEEN YOU AND OTHER CREATORS OR COLLECTORS.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- Limitation of Liability
- ASYNC SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE AS A RESULT OF YOUR FAILURE TO KEEP YOUR WALLET SECURE. ASYNC SHALL NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO MAINTAIN THE CONFIDENTIALITY OF YOUR FINANCIAL INFORMATION, WHICH INCLUDES YOUR PRIVATE KEYS.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
- SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- Digital Millennium Copyright Notice. Async respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our Creators is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated copyright agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
- Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) ("DMCA"), Async’s designated copyright agent for notice of claims of copyrights infringement can be contacted at the addresses below.
DMCA Agent, c/o
Asynchronous Art, Inc.
649 Mission St, 5th Floor
San Francisco, CA 94105
- You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.
- Please note that this procedure is exclusively for notifying Async and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to firstname.lastname@example.org. Async may, in its sole discretion, delete the profile and delist the Creative Work of those who are accused of copyright infringement or other intellectual property rights.
- Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Async and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Async should be sent to: Asynchronous Art, Inc. 649 Mission St, 5th Floor San Francisco, CA 94105. After the Notice is received, you and Async may attempt to resolve the claim or dispute informally. If you and Async do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
- Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
- Time Limits. If you or Async pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
- Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Async in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE ASYNC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
- Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.
- Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Async.
- Small Claims Court. Notwithstanding the foregoing, either you or Async may bring an individual action in small claims court.
- Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
- Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
- Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New York County, New York, for such purpose.
- Disclosures. Async is located at the address set forth in Section 17(y). If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
- Electronic Communications. The communications between you and Async use electronic means, whether you use the Site or send us emails, or whether Async posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Async in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Async provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- If you are located outside of the United States (U.S.), you use or access the Site solely at your own risk and initiative. The Service is controlled and operated from facilities within the U.S. This Site is not intended to subject Async to non-U.S. jurisdiction or laws, except as otherwise expressly stated in this Agreement. The Site may not be appropriate or available for use in some jurisdictions. Async and its partners do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations.
- SOME JURISDICTIONS HAVE CONSUMER PROTECTION AND OTHER LEGISLATION WHICH MAY APPLY TO THE SERVICES AND WHICH DO NOT ALLOW CERTAIN PROVISIONS SUCH AS LIMITATIONS OF LIABILITY AND EXCLUSION OF CERTAIN WARRANTIES, AMONG OTHERS. TO THE EXTENT THAT A LIMITATION, EXCLUSION, RESTRICTION OR OTHER PROVISION SET OUT BELOW IS SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SUCH LIMITATION, EXCLUSION, RESTRICTION OR PROVISION MAY NOT APPLY TO YOU.
- Copyright/Trademark Information. Copyright © 2020 Asynchronous Art, Inc. All rights reserved. All trademarks, logos, code and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Contact Information:
Asynchronous Art, Inc.
649 Mission St, 5th Floor
San Francisco, CA 94105