License Agreement

COMPARE OUR LICENSES

The following are terms and conditions for your use of the Provider Website. By clicking "I Agree", you agree to be bound by the terms and conditions herein.

1. DEFINITIONS

"Content" means the entire content of the Provider Website, which shall be changed and updated from time to time by the Provider
“Credit(s)” means unit(s) of consideration for licence(s) made available at the Provider Website, which unit(s) are purchased by a Customer from the Provider via payment method(s) prescribed on the Provider Website
“Customer” means an individual who uses Credits to purchase an End User Licence of a Product
“End User Licence” means a particular type of end user licence purchased by a Customer, the terms of which are more particularly described in the section “End User Licences”.
“Licensor” means the owner of the intellectual property rights of a Product
“Product” means any artwork, graphic, photograph, animation, scan (including, but not limited to, scans of works in the public domain, and derivative works therefrom), icon, scripts, audio, music, data, indices, text (including, but not limited to, typed text of work in the public domain and derivative works there from), made available for Use under different End User Licence(s) purchased by Customers
“Provider” means ARC GLOBAL ARTISTS SDN BHD (Co. No. 1263743-A)
“Provider Website” means www.artistcommunity.asia
"Software" means all computer code (both source and object), applets, interfaces, commands, syntax, and expressions of ideas that operate, cause, create, direct, manipulate, access, or othe1wise affect the Content, whether created by Provider or licensed from third parties
“Transaction” means a transaction where a Customer performs deduction of his Credits in exchange for an End User Licence of a Product
“Transaction Credit(s)” means the number of Credits a Customer uses for a Transaction
"Use" means the use allowed under a particular type of licence, as detailed under the sections of “Site Access And Visitor Licence” and “End User Licences” herein.
“Visitor” means an individual who browse and / or access the Provider Website, and include a Customer
“Visitor Licence” means the licence granted to Visitors to access and browse the Provider Website

INTELLECTUAL PROPERTY

  1. The Content is comprised of original works of authorship that are both proprietary and intellectual properties of Provider or its suppliers and are protected by both the terms of this Agreement as well as contract and intellectual property laws including but not limited to copyright, trademark, patent, and trade secret laws.
  2. All Software used on the Provider Website is the property of the Provider or its software suppliers.
  3. All trademarks displayed on Provider Website, and other marks indicated on it are trademarks of the Provider or its associates.

SITE ACCESS AND VISITOR LICENCE

  1. Provider grants all Visitors a Visitor Licence
  2. A Visitor Licence does not permit the following:
    1. decompile, reverse-engineer, disassemble, or create derivative works from the Content;
    2. remove or obscure any proprietary notices including, but not limited to, any and all copyright, trademark, and patent designations contained in the Content;
    3. upload, post, e-mail, transmit, publish, re-publish, distribute, display, or otherwise make available the Content to any third parties;
    4. use the Product or Content for any commercial, financial, or other beneficial purpose, including, but not limited to, advertising, exploitation, rental, lease, sale, or resale of the Product or the Content;
    5. assign, rent, lend, lease, sell, sublicense, transfer, copy, reproduce, modify, adapt, translate, reverse engineer, decompile, disassemble, extract components, or create derivative works of the Product or the Content;
    6. remove, modify, hide, or otherwise make unreadable or non-viewable any notice, legend, advice, watermark, or other designation contained on the Product or the Content, component thereof or output therefrom;
    7. any resale or commercial use of the Provider Website, the Content and / or the Products, any collection and use of Product listings, descriptions, or prices, any derivative use of the Provider Website or the Content, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools;
    8. frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Provider and its affiliates.
  3. Visitors shall not interrupt, or attempt to interrupt, the operation of the Provider Website in any way.
  4. The Provider Website may include technological protection measures that effectively control access, reproduction, or distribution of the Product. Any attempt to tamper or dismantle these protections is a breach of this Agreement
  5. Provider reserves the right to log off Visitors that violate any provision of this Agreement.
  6. Visitors may provide links to the Provider Website from locations outside the Provider
    Website provided:
    1. it links only to the Provider home page located at www.artistcommunity.asia
    2. advertisements, the copyright notice, or other proprietary notices in the Provider Website is not removed or obscured, by framing or otherwise; and
    3. at the request of the Provider, links to the Provider Website is immediately removed.

USER ACCOUNT

  1. By using the Provider Website, you as a Visitor and / or Customer agree that you are
    responsible for maintaining the confidentiality of the user account and password you create of the Provider Website and for restricting access to your computer, and agree to accept responsibility for all activities that occur under your user account.
  2. Provider may refuse to grant any Visitors / Customers a username that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive as determined by the Provider.
  3. Provider and its affiliates reserve the right to refuse service, terminate any user accounts, remove or edit Content, or cancel orders, in their sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

  1. Where such functions or features are made available to Visitors on the Provider Website, you may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam".
  2. Visitors may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Provider reserves the right (but not the obligation) to remove or edit such content, but has no obligation to regularly review posted content.
  3. Provider and its affiliates are granted a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display content or material posted by Visitors on the Provider Website.
  4. You warrant that the content or material you post is accurate; that use of the content or material does not cause injury to any person or entity.

MODIFICATIONS TO THE PROVIDER WEBSITE

  1. Provider has the right to modify, suspend, or discontinue the Provider Website or any portion thereof at any time, including but not limited to, the availability of the Content or Product. Provider may also impose limits on certain features and services or restrict your access to parts or all of the Provider Website without notice or liability to any Visitor or Customer

PRIVACY POLICY

  1. Provider requires your access to the Provider Website be subject to its privacy policy
    (Notes: Link this to www.artistcommunity.asia/privacypolicy.)

REPRESENTATIONS AND WARRANTIES

  1. As a Visitor and / or Customer, you represent, warrant, and covenant that:
    1. You will access and use the Provider Website in accordance with this Agreement and the law.
    2. The information that you have provided to Provider is true and accurate.
    3. You shall not use the Provider Website to infringe, misappropriate, or violate the rights of Provider or third parties.
    4. You shall not knowingly or otherwise introduce to or through the Provider Website any viruses or other items of a destructive nature.
    5. You shall comply at all times with this Agreement, including any modifications to this Agreement.

END USER LICENCES

  1. By performing deduction of Transaction Credits from your account, you as a Customer are granted a revocable, non-exclusive and non-transferrable End User Licence to Use the relevant Product(s) in accordance with the type of End User Licence they have chosen.
  2. The Provider offers the following End User Licences:
    1. Free Use Licence;
    2. Standard Licence;
    3. Extended Licence.
  3. Scopes of each type of End User Licences are set out in Table I ((Notes: Link this to www.artistcommunity.asia/licensing.) here and each type of End User Licence is subject to terms and restrictions stated herein.
  4. Free Use Licence
    Customers are not required to deduct any Credit from their account for a Free Use Licence subject to the following terms.
    1. Free Use Licence of a Product is a non-exclusive and non-transferable licence to reproduce the Product or part of it in any media which will be used by Customer(s) as end user(s)
      (see exact scope in Table I;((Notes: Link this to www.artistcommunity.asia/licensing.)
    2. The Product are provided on an “AS IS WHERE IS” basis. Further, in the case of any images, film or video footages, it may contain the Provider’s watermark; and in the case of audio recording, it may contain background which identifies the Provider as its source. Customers are not allowed to remove any such watermark or background.
    3. Further, where a Customer uses a Product under a Free Use Licence, the Customer shall:
      1. insert in or near the Product, if it is an image, a credit line “copyright of [artist’s name] / reseller: www.artistcommunity.asia”;
      2. insert in the Product, if it is a film or video footage used in a feature film, broadcast television or cable production, a screen credit that reads “footage is the copyright of [artist name] / reseller: www.artistcommunity.asia”.
    4. Under a Free Use Licence, a Customer may not:
      1. for purpose of resale, print the Product or a substantial part of the Product on any< media or merchandise, whether in the form of physical hard copies or softcopies;
      2. use the Product or a substantial part of the Product as a design element of packaging materials;
      3. use the Product or a substantial part of the Product as a design element of any software templates which are offered for sale to 3rd parties;
      4. use the Product or a substantial part of the Product as a design element of any software application interface, which application is offered for sale to 3rd parties;
      5. use the Product or a substantial part of the Product as a design element of any props or scenery of any television broadcast, short or full-length film;
      6. use the Product or a substantial part of the Product as a design element of screensavers which are offered for sale to 3rd parties
      7. use derivatives of the Product on any objects which are offered for sale to 3rd parties
  5. Standard Licence
    Subject to deduction of the relevant Transaction Credits for a Standard Licence, Customers who purchase a Standard Licence may Use the Product subject to the following terms.
    1. A Standard Licence of a Product is non-exclusive and non-transferable, which has the same scope (see Table I ((Notes: Link this to www.artistcommunity.asia/licensing.) as a Free Use licence, but the Product shall be without any watermark or background.
    2. The Product are provided on an “AS IS WHERE IS” basis.
    3. The Customer may use a Product under a Standard Licence, without attributing any credit to artist or reseller in or near the Product.
    4. Under a Standard Licence, a Customer may not:
      1. for purpose of resale, print the Product or a substantial part of the Product on any media or merchandise, whether in the form of physical hard copies or softcopies;
      2. use the Product or a substantial part of the Product as a design element of packaging materials;
      3. use the Product or a substantial part of the Product as a design element of any software templates which are offered for sale to 3rd parties;
      4. use the Product or a substantial part of the Product as a design element of any software application interface, which application is offered for sale to 3rd parties;
      5. use the Product or a substantial part of the Product as a design element of any props or scenery of any television broadcast, short or full-length film;
      6. use the Product or a substantial part of the Product as a design or design element of screensavers which are offered for sale to 3rd parties;
      7. use derivatives of the Product on any objects which are offered for sale to 3rd parties
  6. Extended Licence
    Subject to deduction of the relevant Transaction Credits, Customers who purchase an Extended Licence may Use the Product subject to the following terms.
    1. An Extended Licence of a Product is non-exclusive and non-transferable, which scope is set out in Table I ).
      ((Notes: Link this to www.artistcommunity.asia/licensing.)
    2. The Product are provided on an “AS IS WHERE IS” basis.
    3. Customers may reproduce up to 10,000 copies a Product under an Extended Licence on any media for their use as end users or for resale purposes.
    4. A Customer is required to obtain the consent of the Provider where the Customer intends to reproduce more than 10,000 copies of a Product or a substantial part of it, or use a derivative of a Product.

DISCLAIMER AND LIMITATION OF LIABILITY

  1. THE CONTENT AND PRODUCT, INCLUDING ALL SOFTWARE AND INFORMATION MADE AVAILABLE AT OR REFERRED TO BY THE PROVIDER WEBSITE, IS PROVIDED ON AN "AS IS" BASIS. THERE ARE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, OR ACCURACY.
  2. THE PROVIDER DOES NOT WARRANT
    1. THAT THE FUNCTIONS CONTAINED IN THE PROVIDER WEBSITE OR THE PRODUCT SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
    2. THAT THE PRODUCT WILL MEET ANY CUSTOMER’S REQUIREMENTS;
    3. THAT THE PRODUCT DEFECTS SHALL BE CORRECTED;
    4. THAT THE PROVIDER WEBSITE OR PRODUCT SHALL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY; OR
    5. THAT THE PROVIDER WEBSITE OR PRODUCT, THE SERVERS ON WHICH THE PROVIDER WEBSITE IS OPERATED, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
    6. TO THE MAXIMUM EXTENT PERMITTED UNDER THE LAW.
  3. The Provider Website may contain links and pointers to other sites on the Internet which may be maintained by third parties. Such links do not constitute an endorsement by Provider of any third¬party site or any materials contained therein. Provider does not control and is not responsible for the availability, accuracy, privacy policy, or currency of such third-party sites or any information, content, products, or services accessible from such third-party sites.
  4. The Provider has obtained from the Licensor(s) of all Products the following warranties:
    1. the Product(s) are original within the meaning of Copyright Act 1987 and the relevant law;
    2. neither a Product nor any part thereof has been copied from other works or materials of which the copyright belongs to 3rd parties;
    3. the Licensor is the author of the Product, and its copyright has not been assigned or transferred to others either by agreement by operation of law, or it is not shared with others; OR if the Licensor is not the author of the Product, they are the sole owner of the full copyright of the Product;
    4. the Licensors have unconditional and irrevocable authority to allow the Provider to grant End User Licences to Customers
    5. the Product does not contain any infringing, offensive or defamatory element;
    6. the Product does not contain any material or program of any kind that contains any virus, trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which may impair or disrupt the Provider Website or servers or networks forming part of, or connected to, the Provider Website, or which does or might restrict or inhibit a Visitor's use and enjoyment of the Provider Website.
  5. In respect of every Transaction performed, a Customer simultaneously enters into an agreement with Licensor of the relevant Product where the Licensor provides the warranty stated in Clause 30 herein. Visitors and Customers agree that in the event they incur any loss or damage as a result of or in connection with any demand, claim, suit, executive or court order made against them due to their Use of Product(s) which infringe or allegedly infringe any 3rd party’s right, their cause(s) of action shall be against the Licensor and not the Provider.
  6. THE LIABILITY OF THE PROVIDER, ITS AGENTS AND ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR THE PROVIDER, IF ANY ARISING OUT OF ANY KIND OF LEGAL CLAIM, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IN ANY WAY CONNECTED WITH THE PROVIDER WEBSITE, THE PRODUCT OR THE PROVIDER IS LIMITED TO THE VALUE OF CREDITS USED BY CUSTOMER ON THE PRODUCT(S) FROM WHICH THE LIABILITY ARISES.

PURCHASE OF CREDIT

  1. You acknowledge that your purchase of any Credits is irreversible, and non-refundable and non-transferable.
  2. You shall be wholly responsible for the use of any Credits you have purchased.
  3. You acknowledge and accept that any unused Credit, if not reactivated by further purchase, will expire after its specified validity period.

TERMINATION

  1. A Visitor or Customer may terminate their use of the Website at any time by deactivating their user account.
  2. The Provider may terminate this Agreement, or any licence(s) granted to any Customer in the event the Customer commits a breach of any of the provisions herein, or by their action, infringes any 3rd parties’ rights by their use of any Product(s).
  3. Termination of this Agreement shall automatically forfeit any unused Credit(s) in the account of a Customer.

MODIFICATIONS TO THE AGREEMENT

  1. Provider has the right to modify this Agreement and any policies affecting the Provider Website. Modification is effective immediately upon posting to the Provider Website or distribution via electronic mail.
  2. Visitors’ or Customers’ continued Use of the Provider Website following notice of any modification(s) to this Agreement shall be conclusively deemed an acceptance of all such modification(s).

MISCELLANEOUS

  1. This Agreement shall be governed by the laws of Malaysia.
  2. Any controversies or claims arising out of or relating in any way to this Agreement or a breach thereof, shall be adjudicated in the courts of Malaysia.

We hereby inform you on Our current policies and practices applicable to the processing of your personal data (“Personal Data”) collected by ARC GLOBAL ARTISTS SDN BHD through the website www.artistcommunity.asia

Essential Information

ARC (www.artistcommunity.asia) is one of the websites being operated by the relevant entity within ARC GLOBAL ARTISTS SDN BHD which comprises of various legal entities throughout the world.

ARC GLOBAL ARTISTS SDN BHD acting as data controller for the processing of your Personal Data will depend on how you interact with the Website where you are located and on the entity that have a relationship with you, as the case may be. The relevant ARC GLOBAL ARTISTS SDN BHD entities are referred to as “ARC”, “Our”, “We” or “Us” in this privacy policy.

For any general queries you may contact Us at: arc.artist.community@gmail.com.

What does this Privacy Policy covers?

This privacy policy generally describes, inter alia, the Personal Data We may collect from you, the processing of such Personal Data and your rights in relation thereto.

Information We may collect from you

The term Personal Data refers to the data you provide to Us through the Website and may vary depending on the type of relationship you have with Us. Personal Data include:

Browsing data

The information systems and software procedures used to operate this Website acquire personal data as part of their standard functioning. The transmission of such data is an inherent feature of Internet communication protocols. This data category includes, among other things, the IP addresses and/or the domain names of the computers and terminal equipment used by any user, the location of the devices, the URI/URL (Uniform Resource Identifier/Locator) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.) and other parameters related to the users’ operating system and computer environment.

Registration profile

If you decide to create an account on the Website, you may be required to provide Us your Personal Data such as name, username, e-mail address and billing address with the submission of the registration form. You may also include additional Personal Data such as surname, address, telephone number and date of birth. If you decide to create an account through your existing profile in a social network (e.g., Facebook), you may be required to share Personal Data such as information of your public profile, (including name, surname and image) and e-mail address.

Financial information and billing details

If you purchase or subscribe any of Our products and/or services, you will also be required to provide Us Personal Data related to payments and billing, including name, surname, address, zip code, telephone number, e-mail address, billing address, as well as credit card details, or Paypal account or bank details. We do not store credit card details or PayPal account or bank details. Upon the completion of the purchase or subscribe of Our products and/or services, We collect transaction details from the payment gateway provider only.

Details under the “Contact Us” section

When you contact Us through the Website, you may be required to provide Us your Personal Data such as name, e-mail address and, at your own discretion, other information you decide to share with Us, that We may collect from you.

Recruitment

If you submit information about you via the career section of Our Website or apply for a position, We will collect and process the information which you have submitted for considering your application and all other recruitment purposes.

Cookies

We use cookies and similar technologies or tools to collect information about your activities on Our Website, including to use social media features or services on Our Website which may enable you to connect with Our social media page or share any promotional activities with your friends and social networks. Detailed information on the cookies We use and the purpose for which We use them are set out in Our Cookie Policy (https://www.artistcommunity.asia/cookie.php).

Information We may share and data recipients

Your Personal Data are processed by Our personnel and, if necessary or functional to fulfilling the purposes indicated above, your Personal Data may be processed by third parties that may be appointed by Us as data processors.

The categories of recipients to whom your Personal Data may be disclosed are the following:
  1. third parties such as (i) IT providers; (ii) financial institutions or payment gateway providers in connection with the processing of financial and payment information; (iii) marketing agencies to carry out marketing campaigns, surveys and promotions; (iv) legal, accounting, tax, labour consultants and other professionals; and
  2. public entities and authorities, exclusively for the purpose of fulfilling legal and regulatory obligation.

Retention of your Personal Data

Data are retained as long as necessary for the performance of the services provided by the Website and to comply with legal obligations (including, auditing or taxation purposes), to meet regulatory requirements, resolve disputes, maintain security, and/or to prevent frauds and abuse.

In relation to Personal Data of your profile, We will retain the same as long as your account with Us is still active. If you choose to close the account or if your account is closed, We will delete your Personal Data and information within 30 days. This is without prejudice to Our right to retain the information (such as username and transaction details) to comply with legal obligations, prevent frauds and protect its legal interest.

In case you have given your consent for marketing activities, your Personal Data will be retained for a reasonable period or not more than 2 years after each collection.

Security

We treat the security for all information submitted or provided by you to Us seriously and is of importance to Us. We will take reasonable steps to protect or secure this data, including Personal Data. Accordingly, We may require Our employees or third-party service providers to assist Us in implementing or applying appropriate securities measures (such as firewalls, penetration testing and etc). You are also advised not to disclose and secure your own user name and password.

Your Rights

You have the right to obtain from Us confirmation whether your Personal Data are being processed by Us, and, in said circumstances, you have the right to request access to and rectification or erasure of the same or restriction of processing, and to object to the processing at any time, as well as under certain circumstances the right to data portability. With respect to the data portability, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to request the transmission of said data.

If you have subscribed to or opted-in to receive Our marketing communications you can opt-out at any time, free of charge, requesting that your Personal Data not be used for marketing purposes.

You may exercise any of the above rights by contacting Us at arc.artist.community@gmail.com

Links to Third Party Website(s)

Our Website or any products/services being rendered to you may contain links to other websites that are not operated by Us and whose privacy practices may differ from Us. If you click on a third-party link, you may be directed to the third-party website. Any submission of your Personal Data to any of those third-party websites will be governed by the relevant third-parties’ privacy policies. We have no control and shall not assume any responsibilities howsoever arising thereof and We strongly advise you to carefully read the privacy policies prior to the disclosing of any information.

Advertising

We may, from time to time, partner with a third party to display Our’s or third party’s advertisement(s) on Our Website or engaging third party to manage Our advertising on Our Website. For more detailed information, please refer to Our Cookie Policy (https://www.artistcommunity.asia/cookie.php).

Mobile Applications or Mobile Website

We may provide Our products or services to you via our mobile applications or mobile website that is designed to be used on mobile computing devices (the “Applications”). You may be required to log in to Our mobile applications or mobile website with your user name and password in order to allow you to associate with the user account you have created on Our Website. The processing of Personal Data information therein will also be governed in accordance with this Privacy Policy and Our Cookie Policy.

Contact Us

If you: (i) have any questions, queries, inquiries or comments on Our Privacy Policy; (ii) have any concerns about how We process your Personal Data; (iii) would like to opt out of direct marketing activities; (iv) would like Us to update information or preferences you have provided to Us; or (v) have any other issues relating to this privacy policy, you may get in touch with us at arc.artist.community@gmail.com.

In the event you have any complaints you may also contact Us at arc.artist.community@gmail.com.

Changes to this Privacy Policy

We will keep this Privacy Policy under regular review and We may update this Privacy Policy from time to time. The updated version shall apply and supersede all previous versions. Hence, it is advisable that you check this Privacy Policy on a regular basis.