These Terms of Service constitute a legally binding agreement between you (referred to as “User,” “you,” or “your”) and Ads49 (referred to as “the Platform,” “we,” “us,” or “our”) governing your access to and use of the Art Marketplace website and its services. By accessing or using the website, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the website.

1.     Account Registration and Eligibility:

a. Users must be at least 18 years old to create an account and use the services provided by the Platform.

b. Users agree to provide accurate, complete, and up-to-date information during the registration process and to keep their account information updated.

c. Users are responsible for maintaining the confidentiality of their account credentials and for any activities or actions that occur under their account.

2.     User Obligations and Prohibited Activities:

a. Users are responsible for all activities conducted through their account and agree to comply with these Terms, as well as all applicable laws and regulations.

b. Users agree not to engage in any unauthorised or unlawful activities, including but not limited to hacking, data mining, or infringing upon the intellectual property rights of others.

c. Users agree not to use the Platform for any activities that are unlawful, fraudulent, or violate these Terms, including:

i. Posting or promoting content that infringes upon the intellectual property rights of others.
ii. Engaging in any form of illegal or unauthorised sale of counterfeit or stolen artwork.
iii. Circumventing or attempting to circumvent the Platform’s fees or payment systems.
iv. Engaging in any form of spamming, phishing, or sending unsolicited communications.
v. Uploading or disseminating any viruses, malware, or other malicious code that may harm the Platform or its users.
vi. Interfering with the proper functioning of the Platform or its services, including but not limited to hacking, probing, or attempting to gain unauthorised access to the Platform’s systems or user accounts.
vii. Collecting or harvesting any personally identifiable information from other users without their consent.
viii. Engaging in any activity that violates applicable laws, regulations, or the rights of others.

3.     Use of Services:

a. The Platform provides an online marketplace for the posting and browsing of art-related advertisements. Users may use the services to post ads, communicate with other users, and engage in transactions related to artwork.

b. Users understand and agree that any transactions or interactions with other users are solely between them and the other parties involved. The Platform is not a party to any such transactions and does not guarantee the quality, authenticity, or legality of the artwork or services offered by users.

c. Users agree not to use the Platform for any illegal or fraudulent purposes and to comply with all applicable laws and regulations.

4.     Intellectual Property:

a. The content provided on the Platform, including but not limited to text, images, logos, and trademarks, are protected by intellectual property laws. Users agree not to use, modify, distribute, or reproduce any of the Platform’s content without obtaining explicit permission.

b. By posting content on the Platform, users grant the Platform a non-exclusive, worldwide, royalty-free license to use, display, and distribute the content for the purpose of operating and promoting the services.

5.     Privacy and Data Collection:

a. The Platform collects and processes personal information in accordance with its Privacy Policy. By using the website, users consent to the collection, use, and storage of their personal information as outlined in the Privacy Policy.

b. The Platform takes reasonable measures to protect the privacy and security of user data but cannot guarantee absolute security. Users are responsible for safeguarding their own personal information and should exercise caution when interacting with other users on the Platform.

6.     Transactions and Payments:

a. Users are solely responsible for any transactions conducted through the Platform, including payment and delivery arrangements.

b. The Platform may facilitate payment processing through third-party payment providers. By using these services, users agree to their respective terms and conditions.

c. The Platform does not assume any liability for any disputes or issues arising from transactions between users. Any such disputes should be resolved directly between the parties involved.

7.     Dispute Resolution:

a. Any disputes arising between users are the sole responsibility of the parties involved. The Platform does not act as an intermediary in resolving disputes but may provide optional dispute resolution mechanisms.

b. Users agree to release the Platform from any claims, demands, or damages arising from disputes with other users.

c. In the event of a dispute, users are encouraged to communicate directly with the other party involved and attempt to reach a resolution amicably.

8.     Limitation of Liability:

a. The Platform provides the services on an “as-is” basis. We make no warranties or representations regarding the accuracy, reliability, or availability of the website or its services.

b. In no event shall the Platform or its affiliates be liable for any indirect, incidental, special, or consequential damages arising out of or in connection with the use of the website.

c. The Platform shall not be liable for any damages or losses resulting from the conduct or actions of any user of the Platform.

9.     Termination:

a. The Platform reserves the right to suspend, terminate, or restrict a user’s access to the services at any time and for any reason without prior notice.

b. Users may terminate their account by following the instructions provided on the website. Upon termination, all provisions of these Terms that by their nature should survive termination will continue to apply.

10.  Changes to Terms:

a. The Platform reserves the right to modify or update these Terms at any time. Any changes will be effective upon posting the revised Terms on the website.

b. By continuing to use the Platform after the revised Terms have been posted, users accept and agree to abide by the updated Terms.

11.  Entire Agreement:

a. These Terms constitute the entire agreement between users and the Platform regarding the use of the website and supersede any prior or contemporaneous agreements, communications, or representations.