Terms of Service for Agora Art
Last Updated: February 20th, 2024
1. User Registration and Accounts
Age Requirements
1.1 No Age Restrictions: Agora Art does not impose age restrictions for account creation. Users of all ages are permitted to create an account on Agora Art. However, users and the guardians of minors are advised to consider the implications of online privacy laws pertinent to minors, and are responsible for compliance.
Account Responsibilities and User Conduct Guidelines
1.2 Conduct Guidelines: Users of Agora Art are required to adhere to basic standards of online conduct. This includes refraining from illegal activities, harassment, bullying, and other forms of harmful behavior on the platform. Users are expected to respect intellectual property rights and avoid posting offensive or inappropriate content.
1.3 Responsibility for Content: Users are solely responsible for the content they post or share through external links on Agora Art. This responsibility extends to ensuring adherence to applicable copyright and intellectual property laws. Users must not engage in the distribution of pirated or unauthorized content.
1.4 Profile Accuracy: Users are obligated to provide accurate and truthful information in their profiles. This includes, but is not limited to, correct email addresses, names, and other personal details. Users are responsible for maintaining the confidentiality and security of their account information and passwords.
Account Setup Requirements
1.5 User Account Setup: Establishing a user account on Agora Art requires providing a valid email address and creating a secure password. For users opting for our paid subscription tiers, the subscription process involves Stripe Express for payment processing. During this subscription setup, users will securely enter and manage their payment information through Stripe Express, a third-party payment processing platform.
It is important for users to understand that their use of Stripe Express is subject to the terms and conditions of Stripe Express itself. Agora Art has no control over, and assumes no responsibility for, the content, privacy policies, or practices of Stripe Express or any other third-party service providers. We encourage users to review the terms and conditions and privacy policies of Stripe Express to fully understand their rights and responsibilities with respect to their payment processing and data management.
1.6 Artist Account Setup: Artists wishing to set up an account on Agora Art must provide additional professional information, which may include, but is not limited to, social media links, portfolio samples, and inventory data for products to be listed on the platform. Verification or authentication processes are in place for artists to ensure the accuracy and integrity of their professional profiles and product listings.
Subscription Management
1.7 Subscription Portal: Users and artists have the ability to manage their subscriptions through a designated portal within the Agora Art web application. This management includes the ability to cancel subscriptions and to access a portal provided by Stripe for the management and updating of payment information.
Confidentiality and Data Security
1.8 Data Privacy Assurance: Agora Art is dedicated to safeguarding the privacy of its users. Personal information, such as birthdays, cities of residence, email addresses, and style preferences, will be kept confidential. This information will not be disclosed to third parties without user consent, except as mandated by law or as necessary for the functional use of our service, including but not limited to, facilitating transactions and enhancing user experience through third-party services. We commit to transparency and user empowerment in our data practices, ensuring users have control over their personal information.
1.9 Security Measures: Agora Art employs robust security measures, including token-based authentication and user ownership of data tables, to protect user information against unauthorized access, use, and loss. We are committed to maintaining high standards of data security and continuously evaluate and enhance our security practices in line with industry developments and regulatory requirements. Users can trust that their personal information is protected through cutting-edge security measures, reflecting our unwavering commitment to privacy and security.
2. Subscription and Payment Terms
2.1 Subscription Models
A. Tiered Subscription Options: Agora Art offers a variety of subscription options tailored to meet diverse user needs, including "Free," "Pro" (monthly subscription), and "Premier" (annual subscription) tiers. Detailed pricing for the "Pro" and "Premier" tiers will be provided and transparently communicated to users at the time of subscription. The "Free" tier grants access to a broad range of platform features, with the exception of AI-driven functionalities, subject to certain daily usage limitations.
It is important to note that both "Pro" and "Premier" subscriptions are designed to continue indefinitely until actively cancelled by the user. During the sign-up process, users will be required to explicitly acknowledge and consent to this ongoing subscription model. This ensures full transparency and compliance with consumer protection standards, enabling users to make informed decisions regarding their subscription choices. All material information regarding the nature of these subscriptions, including renewal terms and cancellation procedures, will be disclosed to ensure clear understanding and agreement.
B. Sign-Up Fee for Pro:Agora Art reserves the right to implement a sign-up fee for the "Pro" subscription model. This fee, if applicable, will be clearly communicated to users at the time of subscription activation or modification.
2.2 Commission Structures
A. Pay-Per-Click Model: Agora Art employs a pay-per-click commission model across the platform. This model charges artists $0.10 USD for each click that directs a potential customer to an artist's product page.
Transparency and Control: This commission structure is designed for clarity and ease of management, allowing artists to effectively oversee their promotional expenditures.
Budget Management: Artists have the autonomy to set a maximum monthly budget for their pay-per-click expenses. This ensures that artists can maintain control over their advertising spend without facing unexpected costs.
Notification System: When artists approach (90%) and reach (100%) their budget limit, Agora Art will send timely notifications. This system is put in place to prevent any disruption in product visibility and to assist artists in budget planning and adjustment.
2.3 Cancellation and Refund Policy
A. Subscription Cancellation and Refund Terms:
For General Users: Refunds on subscription fees are generally limited. Exceptions are subject to Agora Art's discretion, applicable for scenarios such as extended account inactivity, with eligibility for refunds not exceeding two months.
Physical Product Transaction Policy: Agora Art acts as a platform enabling connections between artists and consumers for the showcasing and discovery of art. The transactions pertaining to the sale of physical products are conducted directly between the artist and the consumer. Matters concerning refunds, returns, or exchanges for these transactions fall under the terms and conditions of the respective platforms through which the sales are made, rather than under Agora Art's direct policies.
Subscribers are encouraged to review the policies of the external platforms involved in their transactions to ensure clarity on the processes for refunds, returns, or exchanges related to the purchase of physical products.
2.4 Individual Effort Exceptions
A.Stripe Integration for Payment Processing: Agora Art utilizes Stripe for payment processing, subscription management, and facilitation of tax compliance. The use of Stripe's services is governed by Stripe's own terms and conditions, which users are subject to when engaging in financial transactions on the Agora Art platform.
It is important to note that while Agora Art selects Stripe for its capabilities in handling transactions and compliance activities, the specifics of security, efficiency, and data protection are as defined by Stripe's policies and operational standards. Users are encouraged to review Stripe’s terms and conditions to fully understand the nature of the protections and the scope of responsibilities Stripe provides in the processing of financial transactions.
This approach allows Agora Art to focus on providing a seamless user experience while relying on Stripe’s specialized services for secure and compliant financial operations. Agora Art does not represent or warrant the performance, security, or efficiency of Stripe’s services, and users’ reliance on Stripe for payment processing is subject to the terms agreed upon directly between the user and Stripe.
3. Artist Directory and Inventory Management
3.1 Artist Registration and Profile Setup
A. Instagram Integration for Registration:
Registration Via Instagram: Artists seeking to register on Agora Art must locate their Instagram username in the Agora Art database.
Authentication Process: The authentication of artists is conducted using the Instagram OAuth API. This process is designed to comply with Instagram's terms of service, ensuring a secure and reliable method of authentication.
Profile Information Requirements: Artists are required to provide accurate and relevant information for their profiles on Agora Art. This includes, but is not limited to, personal details, artistic style, and any relevant links to their work.
3.2 Inventory Management
A. Uploading and Managing Inventory:
Understanding Platform Guidelines: Artists must familiarize themselves with and understand Agora Art's operational guidelines before uploading their inventory.
Inventory Upload Process: Artists are required to upload their product inventory using an officially supported CSV file format. This process is designed to facilitate efficient and accurate listing of products.
Review and Approval of Listings: Prior to making their listings public on the platform, artists are responsible for reviewing and ensuring the accuracy of their product information.
B. Maintaining Inventory Accuracy:
Ongoing Accuracy Requirements: Artists are expected to maintain the accuracy of their listings at all times. Regular updates and reviews of product information are necessary to ensure current availability and pricing.
Consequences for Inaccuracies: Artists who repeatedly fail to maintain accurate listings, or whose products are consistently unavailable, may face consequences including the removal of their products from the Agora Art platform.
3.3 Content Ownership and Rights
A. Grant of Rights for Use of Media Files:
Artists who upload media files to the Agora Art platform, or submit them through the dedicated media submission portal, grant Agora Art a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute these files for promotional purposes related to Agora Art. This encompasses the inclusion of such media in social media platforms, marketing materials, and other forms of branded content created by or on behalf of Agora Art.
B. Conditions of Media Use:
Submission and Licensing: y uploading or submitting media files, artists provide Agora Art the permission to utilize these files as outlined above, under the conditions agreed upon within these terms. The act of submission confirms the artist's authority to grant this license and affirms that the media does not infringe upon any third-party rights.
Credit and Acknowledgment: Agora Art acknowledges the importance of recognizing artists' contributions. Therefore, in every instance where an artist's media is used for promotional purposes, Agora Art shall ensure the artist is credited for their work. This may include, but is not limited to, the inclusion of the artist's name or social media handle in social media posts, marketing materials, and other promotional content where their work is featured.
Voluntary Participation: The provision of a dedicated portal for the voluntary submission of media signifies Agora Art's commitment to promoting high-quality content from artists. Participation in this submission process is entirely voluntary, with the intended purpose of benefiting both the artist and Agora Art through enhanced visibility and promotional reach.
C. Representation and Warranties:
Artists represent and warrant that they have the full legal right, power, and authority to grant the license specified in this section, that they own or control the necessary rights in and to the media files submitted, and that the use of such media by Agora Art will not infringe upon or violate the rights of any third party.
D. Duration and Termination of License:
The license granted hereunder shall continue until the artist removes their media files from the Agora Art platform or specifically revokes this license in writing, subject to Agora Art's right to retain and use any previously utilized media for promotional purposes in materials already created or in circulation.
4. Intellectual Property Rights
4.1 Intellectual Property of User and Artist Content
A. Public Accessibility and Responsibility: The content uploaded to Agora Art by users and artists, including profiles, product images, and media, becomes publicly accessible upon upload. Users and artists are responsible for ensuring that any content they provide to the platform does not infringe on the intellectual property rights of third parties. This responsibility includes compliance with copyright laws and proper acknowledgment of trademarks, where applicable.
B. Agora Art's Non-Ownership: Agora Art does not claim any ownership rights over the intellectual property inherent in the content uploaded by users and artists. The platform serves as a facilitator, offering a space for the display and discovery of publicly available content, without asserting proprietary claims over such content.
4.2 Reserved Rights by Agora Art
A. Licensed Use of Uploaded Content: Upon uploading content to Agora Art, users and artists grant the platform a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute the content for promotional purposes connected to Agora Art. This usage may extend to social media posts, marketing materials, and other branded content that benefits the platform and its community.
B. Conditions and Acknowledgments:
Artist and User Representations: By submitting content, users and artists represent and warrant that they possess all necessary rights to grant this license to Agora Art and that their content does not violate any third-party intellectual property rights.
Attribution: Agora Art commits to providing appropriate credit to the creators in instances where their content is used for the platform's promotional activities. This policy ensures recognition of the original creators' contributions in promotional contexts.
Revocation of Consent: The consent to use uploaded content for promotional activities is considered granted upon upload unless explicitly revoked by the content owner in writing. Users and artists maintain the right to withdraw their content or terminate this license with Agora Art subject to the terms of service.
5. Content and Conduct Guidelines
5.1 Prohibited Content Types
A. General Prohibitions
Agora Art maintains a strict prohibition against illegal, offensive, and harmful content on the platform. This includes, but is not limited to, content that promotes or incites hate speech, violence, discrimination, or engages in any illegal activities.
Content that is deemed to be in violation of these standards may be subject to removal and may lead to the suspension or termination of the user's account.
B. Content Suitability
Agora Art is committed to maintaining high standards of content suitability. All material shared or promoted on the platform must be appropriate for a diverse user base, respecting community norms and cultural sensitivities.
5.2 Conduct Rules
A. Respectful Interaction
Users and artists are required to adhere strictly to guidelines promoting respectful interaction on the platform. This includes a prohibition on bullying, harassment, and any form of abusive or derogatory behavior.
Violations of these interaction guidelines may result in disciplinary action, including but not limited to account suspension or termination.
B. Platform Etiquette
All users and artists are expected to engage in a manner that upholds and respects the community standards of Agora Art. The platform fosters a positive and supportive environment, and behavior that detracts from this ethos is not tolerated.
5.3 Nudity and Content Suitability Standards
A. No Nudity Policy:
Agora Art enforces a strict no-nudity policy on the platform. Content that includes nudity, regardless of context, is not permitted and will be subject to removal.
Users and artists are responsible for ensuring that their shared content, including images, text, and other media, complies with this policy.
5.4 Guidelines for User-Generated Content on Social Media
A. Brand Representation:
Users and artists who post content related to Agora Art on social media platforms are encouraged to represent the brand with dignity and respect. Content that negatively impacts the brand's image or reputation may be subject to review and action by Agora Art.
B. Compliance with Social Media Policies:
All user-generated content shared on social media platforms must comply with the terms and policies of those platforms. Users and artists are responsible for ensuring their content does not violate any rules regarding illegal activities, nudity, hate speech, or other forms of prohibited material.
6. Marketing and Promotional Activities
6.1 Terms Governing Marketing Activities
A. Dignified Representation:
Participants in marketing and promotional activities related to Agora Art, including but not limited to social media sharing, are required to represent Agora Art with dignity and respect. This includes adhering to the standard conduct policies of Agora Art and the respective platforms where the content is shared.
Marketing content, including images, messages, and any other forms of communication, must align with the established content and conduct guidelines of Agora Art. It is imperative that such content does not promote illegal, offensive, or harmful material and upholds the integrity and reputation of Agora Art.
B. Compliance with Conduct Policies:
All marketing content generated by or for Agora Art must comply with the platform's content and conduct guidelines. This compliance ensures that marketing activities contribute positively to the brand image and do not violate legal or ethical standards.
6.2 User Consent for Marketing Use of Content
A. Consent Requirement:
Explicit user consent is required for Agora Art to utilize user-generated content (UGC) in its marketing channels. This includes any images, videos, testimonials, or other content that users share related to their experiences with Agora Art.
The consent process is designed to be transparent, ensuring that users are fully aware of how their content will be used in Agora Art's marketing efforts.
B. Consent Process:
Agora Art will establish clear and straightforward processes for users to provide or withhold consent for the use of their content in marketing and promotional activities.
Users will have the opportunity to clearly indicate their consent preferences, and these preferences will be respected and adhered to by Agora Art.
6.3 Marketing Communications and Opt-Out Rights
In accordance with the requirements of Canadian Anti-Spam Legislation (CASL) and other applicable laws and regulations governing marketing communications, Agora Art has established the following policies to ensure the lawful and ethical management of its marketing activities:
A. Transparency and Informed Consent:
Nature of Communications: Agora Art shall provide users with clear and detailed information about the nature of marketing communications they are opting into. This includes a description of the content, the expected frequency of communications, and the communication channels that will be used.
Informed Consent: Prior to sending marketing communications, Agora Art will obtain express consent from users, either through an opt-in mechanism or other means that clearly indicates the user's willingness to receive such communications.
B. Opt-Out Mechanism:
Accessibility of Opt-Out: A clear, straightforward, and easily accessible mechanism for opting out of marketing communications will be provided in all communications. This ensures that users can withdraw their consent at any time, without complication.
Prompt Processing: Upon receiving an opt-out request from a user, Agora Art will promptly process the request, ensuring that no further marketing communications are sent to the user who has opted out.
C. Regulatory Compliance:
Adherence to Anti-Spam Legislation: All marketing communications from Agora Art will comply with the Canadian Anti-Spam Legislation (CASL) and any other applicable anti-spam laws, ensuring that users are not sent unsolicited materials without their consent.
Privacy and Data Protection: In addition to anti-spam compliance, Agora Art commits to adhering to relevant privacy laws and regulations, safeguarding the personal information of its users and utilizing it in a manner that is consistent with their expressed preferences and consent.
7. Data Use and Privacy
7.1 Usage of Data Collected
A. Data Collection Practices:
Types of Data Collected: In compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial privacy laws, Agora Art collects personal information, which may include, but is not limited to, identifiable information such as age, name, opinions, evaluations, and comments. This collection is aimed at enhancing user experience and is limited to information necessary for the purposes identified by Agora Art.
Data Collection Objective: In compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant provincial privacy laws, Agora Art collects personal information, which may include, but is not limited to, identifiable information such as age, name, opinions, evaluations, and comments. This collection is aimed at enhancing user experience and is limited to information necessary for the purposes identified by Agora Art.
B. Purpose of Data Use:
Utilization for Personalization and Service Improvement: Consistent with the principles of PIPEDA and applicable provincial laws, Agora Art uses the collected data to tailor the platform experience to individual preferences, enhance the quality of services offered, and support efficient platform functionality. This utilization respects the limitations of data use, ensuring that personal information is not used beyond the purposes for which it was collected, except with the individual's consent or as required by law.
C. Data Sharing:
Third-Party Sharing Practices: Agora Art may engage in the sharing of collected data with third parties for purposes including marketing, operational enhancements, or other pertinent business activities. Such sharing is conducted under specific, transparent circumstances, with a commitment to ensuring that any third-party engagement respects the privacy and integrity of personal information in accordance with PIPEDA and any applicable provincial privacy legislation.
Compliance with Privacy Laws in Data Sharing: Agora Art commits to the strict adherence to PIPEDA and relevant provincial privacy laws in all data sharing activities. This commitment underscores Agora Art's dedication to protecting the privacy rights of its users and artists, ensuring that personal information is shared only in ways that comply with legal requirements and respect the consent of the individuals concerned.
7.2 Adherence to Privacy Regulations
A. Compliance with Data Protection Regulations:
Handling of Sensitive Data: Agora Art, in its operations, does not directly manage sensitive information such as credit card details. This task is outsourced to Stripe, a specialized third-party payment service, ensuring that sensitive financial data processing adheres to the highest standards of security and compliance with applicable data protection regulations, including the California Consumer Privacy Act (CCPA).
Security Measures: Agora Art implements robust security measures tailored to safeguard personal information against unauthorized access, disclosure, alteration, and destruction. These measures are continually assessed and updated to align with evolving data protection standards, thereby ensuring compliance with regulations such as the CCPA, which mandates stringent data protection protocols to safeguard consumer information.
User Tracking and Consent: In alignment with the CCPA and the General Data Protection Regulation (GDPR), Agora Art employs transparent user tracking practices. These practices are designed to ensure that users are fully informed and have explicitly consented to their data being tracked and processed, meeting the CCPA's requirements for user notification and consent, and the GDPR’s mandate for clear affirmative action signifying user agreement to data processing activities.
B. Global Privacy Compliance:
Commitment to International Standards: Agora Art is dedicated to maintaining its data use and privacy practices in strict adherence to international data protection standards. This commitment extends to compliance with the GDPR for users within the European Union, ensuring that Agora Art's operations respect the right to data protection as a fundamental freedom. The platform's privacy framework is designed to be flexible and robust, capable of accommodating the requirements of different jurisdictions, including the nuanced demands of the GDPR, which encompasses a wide range of data protection principles such as data minimization, accuracy, storage limitation, and accountability.
7.3 Security Measures
A. Implementation of Fundamental Security Protocols:
Agora Art has established a foundational security infrastructure designed to ensure the integrity and confidentiality of user data. This infrastructure is anchored by the deployment of JSON Web Tokens (JWT), a compact, URL-safe means of representing claims to be transferred between two parties. JWTs play a crucial role in securing the transmission of information between the client and the server by facilitating encrypted verification and authorization processes.
B. Commitment to Progressive Security Enhancement: In recognition of the evolving nature of cyber threats and the continuous advancement of technology, Agora Art is committed to the ongoing enhancement of its security measures. This commitment is reflected in a strategic plan for incremental improvements to the platform's security framework, aimed at strengthening defenses against unauthorized access, data breaches, and other cyber risks. The enhancement strategy is designed to evolve in tandem with the platform's growth and the broader digital landscape, ensuring resilient protection for user data.
C. Integration with Stripe and Security Management:
Secure Management of Access Credentials: Agora Art employs rigorous security protocols for the management of access credentials, including secret keys required for Stripe integration. These keys are securely stored within the platform's backend infrastructure, shielded from exposure through browser-based HTTP requests and safeguarded against potential external threats.
Confidentiality in Payment Processing: In partnership with Stripe, Agora Art ensures the confidentiality and security of payment information. Despite the platform's access to necessary transactional keys, Stripe's stringent security measures prevent the disclosure of sensitive payment details. This collaborative approach between Agora Art and Stripe reinforces a secure environment for financial transactions, providing users with peace of mind regarding the protection of their financial data.
8. Liability and Warranty
8.1 Limitations on Liability
A. General Liability Limitations:
Scope of Liability: Agora Art disclaims all liability for incidents and damages that occur outside of its direct control. This disclaimer covers a range of scenarios, including but not limited to, actions undertaken by third parties, unforeseen technological issues, and external factors leading to data loss or privacy breaches.
Exclusion of Liability: Agora Art explicitly limits its liability for indirect, incidental, consequential, special, or exemplary damages related to the use of its platform. This limitation applies regardless of whether Agora Art has been informed of the potential for such damages.
Notwithstanding the aforementioned provisions, it is important to clarify that the limitations on liability outlined herein are subject to the prevailing laws and regulations. Specifically, these limitations do not override any non-waivable rights consumers may hold under applicable provincial consumer protection legislation in Canada. Agora Art's disclaimers and limitations of liability are enforced to the fullest extent permitted by law, acknowledging that certain statutory protections cannot be contractually limited or excluded.
B. Data Breach Specifics:
Data Breach Response Protocol:
In the event of a data breach, Agora Art is committed to implementing a comprehensive response protocol designed to secure affected data promptly and mitigate potential harm to users and artists. This protocol encompasses:
Immediate Investigation: Upon detection of a breach, Agora Art will initiate an immediate investigation to determine the breach's scope, nature, and potential impact on personal data.
Notification Procedures: Consistent with legal obligations, Agora Art will notify all affected individuals without undue delay, and not later than 72 hours after having become aware of it, if the data breach is likely to result in a high risk to the rights and freedoms of individuals. This notification will include details of the breach, the possible consequences, and the measures being taken in response.
Corrective Measures: Agora Art will undertake all necessary corrective actions to address the breach, including, but not limited to, enhancing security measures, working with cybersecurity experts, and coordinating with law enforcement authorities as applicable.
Limitation of Liability for Data Breaches:
Despite Agora Art's commitment to robust data protection and breach response measures, it is recognized that no security system is infallible. Therefore, Agora Art:
Disclaims Liability: Specifically disclaims liability for damages arising from unauthorized access to, or alteration of, user or artist data resulting from breaches, to the extent that such limitation of liability is permitted by applicable law.
Legal Compliance: This disclaimer does not preclude Agora Art's compliance with applicable data protection laws, including obligations to implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk and to notify the relevant supervisory authority and affected individuals in case of a data breach, as mandated by laws such as the General Data Protection Regulation (GDPR) in the European Union and the Personal Information Protection and Electronic Documents Act (PIPEDA) in Canada.
8.2 Disclaimer of Warranties
In alignment with legal guidance and to ensure compliance with applicable laws, particularly with respect to consumer protection in Canada, the following amendments and additions are proposed for the "Disclaimer of Warranties" section of Agora Art's Terms of Service:
A. Acknowledgment of Development Stage:
As-Is Services: Agora Art is in its early stages of development. Accordingly, the platform and its services are provided on an "as is" and "as available" basis, with no warranties regarding their reliability, stability, or suitability for any particular purpose.
B. Absence of Guarantees:
Exclusion of Warranties: Agora Art disclaims all warranties, whether express or implied, to the extent permitted by law. This includes but is not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
No Assurance of Uninterrupted Service: Agora Art cannot guarantee uninterrupted, timely, secure, or error-free service. Service disruptions may occur due to technical issues or other unforeseen factors.
C. User Discretion and Risk:
User Responsibility: Users engage with the Agora Art platform and its services at their own risk. Agora Art is not responsible for the accuracy, completeness, or reliability of any information, content, services, or products provided through the platform.
Informed Use: Users are encouraged to exercise caution and make informed decisions when using the platform, particularly in transactions or interactions involving personal data or financial commitments.
Legal Adaptation to Consumer Protection Laws:
Notwithstanding the above disclaimers, it is recognized that certain statutory warranties and conditions cannot be excluded under Canadian consumer protection legislation. Therefore:
Subject to Applicable Law: All disclaimers of warranties by Agora Art are subject to applicable law, including any non-waivable rights under provincial consumer protection acts.
Consumer Rights: Consumers retain their statutory rights where applicable legislation expressly prohibits the waiver of such rights. Agora Art's disclaimers and limitations of liability will not apply to consumers to the extent that such application is prohibited by law.
9. Legal Compliance and Jurisdiction
9.1 Compliance with Laws and Regulations
A. Commitment to Legal Compliance:
Adherence to Laws: Agora Art's commitment to legal compliance is focused on adhering to the laws and regulations that directly impact its operations and services. This targeted approach ensures compliance with essential legal standards pertinent to its business activities, such as data protection and privacy laws relevant to its operational jurisdictions.
B. Global Compliance:
Focused Legal Compliance: Agora Art's approach to global compliance is strategically focused on jurisdictions where it actively operates. This pragmatic stance involves compliance with key legal and regulatory requirements that are directly applicable to its business, enabling Agora Art to effectively manage its legal obligations without overextending its resources.
Adaptation to Legal Changes: Agora Art remains vigilant in monitoring legal and regulatory changes within its operational jurisdictions. The company is committed to adapting its policies and practices as necessary to maintain compliance with applicable laws, ensuring its operations remain aligned with current legal standards.
9.2 Jurisdiction and Governing Law
A. Canadian Jurisdiction:
Incorporation and Governance: Agora Art, being incorporated in British Columbia, Canada, operates under the jurisdiction of Canadian law. The platform's legal and operational framework is structured in accordance with the laws and regulations of Canada.
Application of Canadian Law: All legal disputes, matters, or proceedings involving Agora Art are subject to Canadian law. This includes any issues arising from the use of Agora Art's services, transactions conducted on the platform, or interactions between users, artists, and Agora Art.
B. International Legal Considerations:
Compliance with International Jurisdictions: For users and transactions occurring outside of Canada, Agora Art respects and complies with the legal requirements of those specific jurisdictions. This compliance is subject to the condition that such requirements do not fundamentally conflict with Canadian law.
Dispute Resolution Framework: Agora Art establishes that all legal disputes, to the extent permissible by law, will be addressed and resolved within the legal framework of Canada. This approach underscores Agora Art's legal standing as a Canadian entity and its primary legal base in Canada.
10. Termination and Account Suspension
10.1 Conditions for Account Termination or Suspension
A. Violation of Code of Conduct:
Grounds for Termination/Suspension: Accounts may be terminated or suspended for violations of Agora Art's code of conduct, encompassing harassment, prohibited content, illegal activities, or behavior undermining community and operational integrity. This ensures the platform remains a safe, secure, and respectful environment.
B. Artist and User-Specific Policies:
Artist Accounts: Artists recognized on Agora Art, who have authenticated via Instagram and can post products, are subject to specific terms. Failure to comply with financial obligations or the code of conduct may result in content removal or account suspension, reflecting the distinct operational expectations for artists within the platform ecosystem.
General User Accounts: Users who fail to meet their payment obligations will lose access to subscription-based features. This aligns with the platform's commitment to fairness and equitable access to services.
10.2 Process for Termination or Suspension
A. Notification Procedure:
Provision of Notice: Agora Art commits to providing adequate notice to users or artists in the event of impending termination or suspension of their accounts. This notice will clearly specify the reasons for the action and, where possible, offer an opportunity for the concerned party to rectify the situation or provide a response.
B. Dispute Resolution
Guidelines for Disputing Actions: Agora Art will establish clear guidelines for users and artists to dispute or respond to a termination or suspension decision. This process is designed to ensure transparency and fairness in the platform's moderation and administrative actions.
10.3 Reinstatement
A. Conditions for Reinstatement:
Resolution of Payment Issues: For accounts suspended due to missed payments, reinstatement is possible once the outstanding dues are cleared.
Admin Team Discretion: Reinstatement following a conduct-related suspension is at the discretion of Agora Art's admin team. Decisions will be based on a review of the circumstances and any corrective actions taken by the suspended party.
Third-Party Adjudication: In serious or complex cases, Agora Art reserves the right to involve an impartial third-party authority to judicate the matter. This approach ensures fairness, objectivity, and neutrality in resolving conduct-related disputes.
B. Dispute Resolution
Guidelines for Disputing Actions: Agora Art will establish clear guidelines for users and artists to dispute or respond to a termination or suspension decision. This process is designed to ensure transparency and fairness in the platform's moderation and administrative actions.
11. Modifications to Terms
11.1 Procedures for Updating the Terms of Service (ToS)
A. Right to Update:
Agora Art holds the right to modify the Terms of Service at any time, reflecting updates in operations, policies, and service provisions. Changes may affect various aspects of the platform, necessitating adjustments to remain aligned with evolving legal, technological, and market conditions.
B. Implementation and Effect of Updates:
Updates may be applied immediately under urgent circumstances. For significant changes impacting pricing, services, or user rights, Agora Art will provide a notice period, ideally two weeks, allowing users to review and adapt to these updates. The platform retains flexibility to enact changes swiftly to ensure compliance and relevance.
11.2 Notification Process for Changes
A. Email Notifications:
Users will be informed of ToS updates via email, ensuring direct communication about changes that may influence their platform experience. These notifications will detail the nature, implications, and any new terms introduced.
B. In-App Notifications:
For urgent updates, Agora Art will utilize in-app notifications to alert users promptly, highlighting essential actions or information needed to understand the changes fully.
C. Transparency and Clarity in Communication:
Communications regarding ToS updates will be clear and straightforward, supporting user comprehension and transparency. Agora Art will offer support and further information through customer service channels and FAQs for any questions or clarifications needed by users.
12. Data and Analytics
12.1 Policies on Analytics for Artists
A. Provision of Analytics:
Agora Art will offer artists detailed analytics about their platform presence and performance. This includes metrics like profile visits, product views, and engagement levels. To ensure privacy compliance and maintain trust, it's crucial to communicate the purpose and scope of data collected, aligning with consumer preferences for minimal and relevant data collection. Additionally, swift response to any data incidents and transparent disclosure practices will further enhance trust.
B. Scope of Analytics:
The analytics provided will focus on enhancing artists' understanding of their audience and optimizing their platform presence. The selection of metrics will be governed by their relevance to the artists' objectives and the principles of data minimization, aiming to collect only necessary data.
C. Privacy Implications and Data Handling:
Compliance with privacy policies and applicable laws, such as GDPR and CCPA, is paramount. Agora Art will employ strategies like anonymization and aggregation to protect sensitive information and ensure that analytics data is handled with the utmost integrity. Artists' consent will be sought where required, with transparent communication about data practices and the provision for artists to opt-out of specific data collection activities. Robust security measures will be implemented to safeguard data against unauthorized access and breaches.
Key Practices for Enhancing Digital Privacy:
Cookie Management: Use of cookie-blocking software and browser extensions to minimize tracking.
Secure Personal Accounts: Adoption of strong, complex passwords and multi-factor authentication to protect accounts.
Phishing Vigilance: Education on identifying and avoiding phishing attempts, emphasizing the importance of scrutinizing emails and embedded links.
App Security: Encouragement to delete unsecured apps and use encrypted messaging apps for secure communication.
VPN Use: Recommendation to use VPNs, especially on public Wi-Fi, to enhance online privacy and security.
Private Browsing: Promotion of incognito or private browsing modes to prevent the storage of personal information and browsing history.
13. Dispute Resolution
13.1 Procedures for Resolving Disputes
A. Individual Case Assessment:
A tailored approach remains fundamental. Each dispute between users, artists, and Agora Art should be assessed individually, allowing for resolutions that are fair and appropriate to the specific circumstances of each case.
B. Administrative Discretion and Decision-Making:
The administrative team's role is critical in assessing disputes and making informed decisions. However, it's crucial to outline the criteria and processes used by the admin team to ensure transparency and fairness in decision-making.
C. Policy of Minimal Involvement:
While Agora Art aims to minimize direct involvement in disputes, there must be clear guidelines on when the platform will intervene, particularly in disputes that affect the platform's policies, terms of service, or integrity. This includes a balance between independent resolution by the parties involved and necessary intervention by Agora Art.
D. Dispute Resolution Mechanisms:
It's essential to specify the variety of mechanisms available for dispute resolution, including direct communication, mediation facilitated by Agora Art's team, or other methods deemed appropriate. The nature of the dispute, willingness of the parties to engage, and potential impact on the platform should guide the choice of mechanism.
E. Transparency and Fair Handling:
Maintaining transparency and clear communication throughout the dispute resolution process is paramount. All parties should be respected, and decisions should ensure a just and equitable outcome.
13.2 Guidelines for Users and Artists
A. Initiating the Dispute Resolution Process:
Process Initiation: Users and artists will be provided with clear guidelines on how to initiate the dispute resolution process with Agora Art. This includes outlining the steps to raise disputes or concerns and the channels through which these can be communicated.
Accessible Dispute Submission: Agora Art will ensure that the process for submitting a dispute is straightforward and accessible, allowing users and artists to present their cases effectively.
B. Expectation Management:
Timeline and Process Information: Users and artists will be informed about typical timelines and processes associated with dispute resolution. This information aims to set realistic expectations regarding the duration and nature of the resolution process.
Transparency in Proceedings: Agora Art will strive to keep all parties informed about the progress of the dispute resolution, providing updates and feedback as the process unfolds.