RSMA Terms Of Service
INTRODUCTION
RSMA ("RSMA" or "We") empowers the world's artists to earn money from their artwork by making it immediately available for sale as a variety of products - without giving up control of their rights. Artists first, we understand the importance of representing one's work with quality and respect, and we also believe it is essential that all RSMA users respect the copyright and other intellectual property rights of others. Whether an artist, a customer, or even if you're just browsing, please respect the intellectual property rights of all the works you see or buy on RSMA. Please be aware that when you post your work to RSMA, it will be publicly available for the world to view, or buy as a product. IT IS YOUR RESPONSIBILITY TO MAKE SURE THAT YOU ARE UPHOLDING YOUR LEGAL RESPONSIBILITIES AND NOT VIOLATING ANYONE’S RIGHTS OR BREAKING ANY LAWS BY PUBLISHING OR OFFERING YOUR WORK FOR SALE THROUGH RSMA. RSMA provides a range of services (the "RSMA Services") which enable you to publish, sell, and purchase artwork and art-related products (collectively, "Products") through RSMA.com (the "Site"); interact with other RSMA users; and receive the benefits of RSMA's Product production services, including payment processing, transaction handling, product manufacturing, packaging, order fulfillment and customer support.
Please read these terms of service (the "Terms") and RSMA's Privacy Policy (the "Privacy Policy") carefully. Before you may post content or use or sell Products through the RSMA Services, you must agree to the Terms and the Privacy Policy. These Terms and the Privacy Policy are a legal agreement between you and RSMA. CREATING A RSMA ACCOUNT OR PURCHASING PRODUCTS THROUGH THE RSMA SERVICES INDICATES THAT YOU AGREE TO ALL OF THE TERMS AND CONDITIONS IN THESE TERMS AND THE PRIVACY POLICY, AND ALL OTHER RULES, POLICIES AND PROCEDURES RELATING TO THE RSMA SERVICES, INCLUDING THE SITE, THAT RSMA MAY PUBLISH FROM TIME TO TIME.
"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT CREATE AN ACCOUNT OR USE THE RSMA SERVICES.
CONTENT, COPYRIGHTS & INTELLECTUAL PROPERTY POLICIES
Content
You understand that all information, images, pictures, data, text, music, sound, photographs, graphics, video, messages, or other materials submitted, posted, published, displayed, performed, or offered for sale through the RSMA Services ("Content"), whether publicly posted or privately transmitted, is protected by copyright and other intellectual property rights.
You understand that you will be exposed to Content and may purchase Products from a variety of RSMA users and that you rely on the Content and purchase Products at your own risk. RSMA does not prescreen Content or Products and is not responsible for examining or evaluating any Content or Products offered through the RSMA Services, including without limitation, their accuracy, usefulness, or safety, or for determining whether the party offering the Content or Products for sale has obtained all required rights to do so. Without limitation of the foregoing, while we try to offer reliable data, we cannot promise that the Content on the Site will always be accurate and up-to-date. You further understand and acknowledge that you may be exposed to Content that is offensive, indecent or objectionable and that we may not be able to confirm the identity of other registered users or prevent them from acting under false pretenses or in a manner that infringes the rights of any person. YOU HEREBY WAIVE ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST RSMA WITH RESPECT TO ANY ACTIVITIES, CONTENT, PRODUCTS, ACTIONS OR INACTIONS OF ANY THIRD PARTY IN CONNECTION WITH THE RSMA SERVICES, INCLUDING WITHOUT LIMITATION, ANY ILLEGAL, DEFAMATORY, OFFENSIVE, OR UNAUTHORIZED CONDUCT BY ANY OF THE RSMA SERVICES’ USERS.
Your Content
As between you and RSMA, you own all and retain all rights in your Content. You hereby grant RSMA a worldwide, royalty-free, nonexclusive, assignable license, with right of sublicense, to use, publicly display and publicly perform, publish, reproduce, modify, and distribute your Content in any format or medium now known or later developed for the purpose of promoting your Content, producing and promoting your Products, and providing the other RSMA Services to you.
YOU, AND NOT RSMA, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR CONTENT THAT YOU MAKE AVAILABLE AND ALL PRODUCTS YOU OFFER FOR SALE THROUGH THE RSMA SERVICES, INCLUDING WITHOUT LIMITATION, THAT YOU OWN OR HAVE OBTAINED ALL REQUIRED INTELLECTUAL PROPERTY AND OTHER RIGHTS IN YOUR CONTENT, INCLUDING WITHOUT LIMITATION, THE RIGHT TO MANUFACTURE, DISTRIBUTE AND SELL PRODUCTS THAT INCLUDE YOUR CONTENT.
You represent and warrant that:
1. you own all intellectual property rights in your Content or that you have obtained all copyrights, trademark rights, rights of publicity and other rights required for you to make your Content available through the RSMA Services, to manufacture, distribute and sell Products that include your Content and to grant RSMA the rights granted to it in these Terms;
2. your Content and the manufacture, distribution and sale of Products that include your Content does not and will not infringe the intellectual property rights or other rights of any person or entity, including without limitation any copyright, moral rights, trademark, patent, right of publicity or right of privacy;
3. you will review and comply with these Terms, the Privacy Policy, all other rules, policies and procedures that RSMA may publish from time to time and all applicable laws, rules and regulations;
4. your Content does not contain material that is false, inaccurate, misleading, incomplete, defamatory or libelous obscene, pornographic, indecent, harassing, threatening, harmful, invasive of privacy, in violation of anyone’s rights, including their privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
5. your Content is accurate, is not misleading or deceptive and does not offer or disseminate fraudulent goods, products, services, schemes, or promotions.
RSMA reserves the right to prescreen your Content (but has no obligation to do so), to review and remove your Content from the Site, to suspend or cancel your account, and to cancel the RSMA Services provided to you at any time in its sole discretion. RSMA has a zero tolerance policy for intellectual property infringement. If you submit Content or offer Products for sale that RSMA, in its sole discretion, believes may infringe another party’s intellectual property rights, RSMA may immediately terminate your account, in addition to any other remedies it may have.
Reporting Infringements of Copyright or Infringements of Other Intellectual Property Rights:
RSMA has a zero tolerance policy for infringement of copyrights and other intellectual property rights. If you believe in good faith that any Content or Products made available through the RSMA Services infringes upon your intellectual property rights, you may submit a notice of claimed infringement to us (a "NOCI") by providing the following information through e-mail to RSMA at [email protected]:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that has been allegedly infringed;
2. Identification of the works claimed to have been infringed, or if this is a single notification of a copyright infringement claim covering multiple copyrighted works on the Site, a representative list of such works on the Site;
3. Identification of the Content or Product that is claimed to be infringing or to be the subject of infringement activity and that is to be removed or access to which is to be disabled, including information reasonably sufficient to permit RSMA to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, including address, phone number and e-mail address;
5. A statement that the complaining party has a good faith belief that the use of the Content or Product is not authorized by the copyright owner or other intellectual property rights owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information in the NOCI is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
When a complete and proper NOCI is received by RSMA, it is RSMA's policy to expeditiously investigate the claim and take appropriate action, as determined by us in our sole discretion. Such action may include without limitation: (1) removing or disabling access to the Content, Product or other material identified in the NOCI; (2) notifying the applicable RSMA user that we have removed or disabled access to such material; (3) cancelling orders for Products that include the Content identified in the NOCI; or (4) terminating such RSMA user’s account.
Procedure to Supply a Counter-Notice:
If you, as the RSMA user, believe that the Content or Product that was removed or to which access was disabled or for which orders were cancelled is not infringing, or if you believe you have obtained all required rights from their owners, the owners’ agent, or pursuant to the law, you may send a counter-notice containing the following information to RSMA:
1. your physical or electronic signature;
2. Identification of the Content or Product that has been removed or to which access has been disabled and the location at which the Content, Product or other material appeared before it was removed or access to it was disabled; and
3. A statement, under penalty of perjury, that you have a good faith belief that the Content or Product was removed or disabled as a result of mistake or a misidentification of the Content or Product to be removed or disabled;
If a counter-notice is received by RSMA, RSMA may send a copy of the counter-notice to the original complaining party informing the complaining party that RSMA may replace the removed Content or Product, cease disabling it and/or reinstate cancelled orders in 10 business days following receipt of the counter-notice unless the complaining party notifies RSMA that it has filed an action seeking a court order to restrain the RSMA user from engaging in infringing activity relating to the Content or Product that was the subject of the NOCI.
GRANT OF RIGHTS AND USER CONDUCT
So long as you comply with these Terms, RSMA hereby grants you a limited, non-exclusive, revocable, non-transferable license, without right of sublicense, to use the RSMA Services solely for their intended purpose. RSMA is founded on respect for others, and we take this very, very seriously. While using the Services you agree to:
1. provide and maintain and update your account information and to keep it true, accurate, current, and complete at all times;
2. ensure that your access to the RSMA Services is not illegal or prohibited by laws that apply to you;
3. take your own precautions to ensure that the process that you employ for accessing the RSMA Services and any Linked Website (defined below) does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.
You agree that you shall not, and shall not instruct, permit, allow or induce any person, directly or indirectly:
1. post Content or Products in an inappropriate category or areas of the RSMA Services;
2. fail to deliver payment, services or Product for collaborations posted by you unless a clear typographical error is made or you cannot authenticate the recipient's identity;
3. interfere with another RSMA user's Content or Products;
4. circumvent or manipulate our fee structure, the billing process, or fees owed to RSMA;
5. take any action that may undermine any ratings system that RSMA may use;
6. transfer your RSMA account and user identification to another party without our prior written consent;
7. distribute viruses or any other technologies that may harm RSMA or the interests or property of RSMA users;
8. use, reproduce, copy, modify, adapt, create derivative works from, publish, print, transmit, distribute, perform, display, sell, license, rebrand, or otherwise transfer (i) any portion of the RSMA Services or Content made available through the RSMA Services other than your own Content, without the owner’s express written permission; or (ii) any RSMA copyrights or trademarks;
9. remove any copyright, trademark or other proprietary rights notices contained in or on the RSMA Services or any Content other than your own Content;
10. harvest or otherwise collect information about other users of the RSMA Services, including email addresses, without their consent;
11. impersonate any person or entity, including, but not limited to, a RSMA official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
12. frame, mirror, or otherwise simulate the appearance or function of the RSMA Services or any other person’s Content or forge headers, icons or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
13. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
14. upload, post, email, transmit or otherwise make available through the RSMA Services any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," “scam mail," or any other form of solicitation;
15. upload, post, email, transmit or otherwise make available through the RSMA Services any material that contains adware, malware, spyware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
16. "stalk" or harass or harm another person.
REGISTRATION AND ACCOUNT INFORMATION
In order to make available Content or Products through the RSMA Services, whether for sale or not, you must create a RSMA account. When creating a user account, you must provide accurate, complete and updated registration information. You may not select a user name that is vulgar, offensive, obscene or attempts to impersonate another person. You may never use another person's RSMA account without permission from that user. You are solely responsible for all the activity that occurs through your account, including the activities of others and regardless of whether such activities are authorized, and for keeping your account password secure. You agree to notify RSMA immediately of any breach of security or unauthorized use of your account. Although RSMA will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of RSMA or others due to such unauthorized use. We reserve the right to require you to alter your password if we believe your password is no longer secure. RSMA reserves the right to refuse to provide you with an account or cancel your account in its sole discretion.
ACCOUNT INFORMATION
You acknowledge and agree that RSMA may access, retain and disclose your account information and your Content if required to do so by law or in a good faith belief that such access, retention or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to a NOCI; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of RSMA, its users or the public.
FEES AND SERVICES
When you sell a Product, or use one of the RSMA Services for which we charge a fee, you will be charged the then-current applicable fee, which we may change in our sole discretion from time to time. We may also choose to temporarily change the fees for RSMA Services for promotional events or new services. Changes to our fees are effective after we provide you with at least fourteen (14) days' notice using the process set forth in the Notice provisions below. For information about our current fee structure and payment terms, please refer to the information available on the Site and made available through your account page once your identity has been verified.
Unless otherwise stated, all fees are quoted in Saudi Arabian Riyal (SAR).
RELEASE
You acknowledge that any agreement you make with another party through the RSMA Services is strictly between you and such party and RSMA is not a party to that agreement. If you have a dispute with another such party, you hereby release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, liabilities, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such dispute. You agree that RSMA has no control over and does not guarantee the delivery of the advertised collaborations and that RSMA shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
TRADEMARKS
If you use any of our trademarks in reference to our products or services, you must include a statement attributing that trademark to us and must comply with our guidelines regarding the use of our trademarks. You must not use any of our trademarks in or as the whole or part of your own trademarks; in connection with activities, products or services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including the RSMA Services).
LINKED WEBSITES
The RSMA Services may contain links to other websites that are not owned or controlled by us ("Linked Websites"). Those links are provided for convenience only and may not remain current or be maintained. We do not screen Linked Websites and are not responsible for the content, security, operation, or use of any Linked Websites or the products or services that may be offered or obtained through them. Further, we are not responsible for the content or privacy practices associated with Linked Websites and it is your responsibility to review those policies before accessing those sites. If you access a Linked Website, you do so at your own risk.
Our links with Linked Websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent we may explicitly stipulate to the contrary on the RSMA Services. You expressly relieve us from any and all loss, damages or other liabilities you incur as a result of your use of any Linked Website.
ACCESS AND INTERFERENCE
Much of the information available through the RSMA Services is updated on a real-time basis and is proprietary or is licensed to RSMA by our users or third parties. All intellectual property rights in the RSMA Services (including without limitation, the software and systems underlying the RSMA Service, and all text, graphics, logos, icons, sound recordings and software) are owned by or licensed to us and we reserve all rights in them. You agree that you will not use any automated means to access the RSMA Services for any purpose without our express written permission.
Additionally, you agree that you will not:
1. take any action that imposes or may impose (as determined in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
2. interfere or attempt to interfere with the proper working of the RSMA Services or any activities conducted through them; or
3. bypass any measures we may use to prevent or restrict access to the RSMA Services; or
4. decompile, disassemble or otherwise reverse engineer the RSMA Services or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the RSMA Services.
DELIVERY & SHIPPING POLICY
A typical order can take up to 14 days for national delivery, and up to 30 days for international delivery. Average delivery times are much shorter than what we list here, and are subject to third party shipping partners & their service levels. If an order is expected to take longer than that we will notify you as soon as possible and offer the option to cancel & issue a full refund for the order, should you want to do so.
RSMA will not deal or provide any services or products to any of OFAC (Office of Foreign Assets Control) sanctions countries in accordance with the law of KSA.
REFUNDS & RETURNS POLICY
A refund request can be placed up to 30 days after the order shipping date, it should be e-mailed directly to [email protected], it should contain your order information and if the product arrived damaged or incorrect, please attach images.
All refunds will be made through the original mode of payment (unless in the case of Cash On Delivery, a bank transfer will be issued).
PRIVACY
We use your information only as described in the Privacy Policy. We view protection of users' privacy as very important. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account and changing your account preferences or opting-out of certain communications. If you object to your information being transferred or used in the manner provided for in the RSMA Privacy Policy your sole recourse is to stop using the RSMA Services.
TERMINATION OF ACCOUNT
RSMA may suspend or terminate your access to all or any part of the RSMA Services or your account at any time, with or without cause, with or without notice, effective immediately. Without limitation of the foregoing, RSMA may terminate your access to the RSMA Services if you are determined to be, in RSMA's sole discretion, a repeat infringer of these Terms. RSMA may, but shall not be obligated to, give you one warning if you have violated these Terms prior to terminating your account.
You may terminate these Terms at any time by terminating your use of the RSMA Services.
On termination of these Terms for any reason, the rights and licenses granted to you hereunder will immediately terminate and the provisions of these Terms that by their nature and context are intended to survive termination shall survive, including, without limitation, the following provisions: Content, Copyright & Intellectual Property Policies, Account Information, Disclaimer of Warranties and Liability, Release, Linked Websites, Access and Interference, Privacy, Indemnity, No Agency, Ability to Accept Terms, Notices, and Resolution of Disputes. RSMA shall have no liability to you for any damages, loss of profits or other claims arising from the termination or suspension of your access to the RSMA Services or your account.
Without limitation of the foregoing, RSMA shall have the right to retain copies of your Content in its archives for its internal business purposes.
MODIFICATIONS TO THE RSMA SERVICES AND TERMS
RSMA reserves the right to monitor, modify or discontinue the RSMA Services, and to block, modify, publicly comment on, or delete any Content submitted to the RSMA Services by any party, at any time without notice in its sole discretion; provided however, that RSMA has no obligation to update, store, maintain or correct any information or Content on the RSMA Services.
RSMA reserves the right, at any time and in its sole discretion, to change these Terms, including the Privacy Policy, in whole or in part, by notifying you as described in the Notice provisions below. You are responsible for reviewing and complying with these Terms, including the Privacy Policy, in effect at the time you use the RSMA Services. You acknowledge that you will be bound by the revised Terms, including the Privacy Policy, as of their effective date set forth therein and your continued use of the RSMA Services constitutes acceptance of them.
INDEMNITY
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from and against any and all claims, demands, liabilities, damages, losses, fines, and expenses (including but not limited to, reasonable attorneys' fees and other professional fees and costs of investigation), arising from or in any way related to (a) your Content or your use of the RSMA Services, including without limitation, your sale of any Products; (b) your (or anyone using your account’s) breach of these Terms; or (c) your violation of any law or the rights of any third party, including without limitation, any intellectual property rights or privacy rights. You may not settle any claim in any manner that binds RSMA without our express prior written consent. RSMA may withhold any amounts due to you pending the resolution of any claim subject to this indemnity and may apply such amounts to the resolution of such claim.
NO AGENCY
No agency, partnership, or employee-employer relationship is intended or created by this Agreement.
NOTICES
Except as explicitly stated otherwise, all notices required from you under these Terms must be sent to any address specified by RSMA from time-to-time, in its sole discretion. RSMA shall provide you with notices about changes to the RSMA Services or these Terms, including the Privacy Policy, by posting them on the Site or by sending an email to the email address you provide to RSMA during the registration process. Notices shall also be provided to you at such email address. Email notices shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
RESOLUTION OF DISPUTES
If a dispute arises between you and RSMA, you and RSMA agree that the parties will resolve any such claim in accordance with the law of the Kingdom of Saudi Arabia or as RSMA and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms or your use of the RSMA Services must be filed within one (1) year after the claim or cause of action arose.
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