Notice. All notices will be sent by e-mail. THA will send notices to you at the e-mail address maintained in THA’s records for you. You must monitor your e-mail messages frequently to ensure awareness of any notices sent by THA. You must send notices to THA using the functionality for contacting THA provided in our contact pages of the Site. Notice shall be deemed given 24 hours after an e-mail is sent. Alternatively, THA may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Registration. In order to use the Site and the Services, you must register online on the Site (such registration, the “Registration”) and with the online payment service provided by PayPal Pte. Ltd., or other online payment service specified by THA (the “Online Payment Service”). There is no fee for the Registration. You must provide THA true and accurate information at the time of the Registration and must maintain and update that information as applicable. You shall not impersonate another person or use a name you are not legally authorized to use. THA is not liable to you for any loss or damages arising out of or relating to your failure to perform the obligations hereunder.
Password Security. Your password may be used only to access the Site, use the Services, electronically sign your Transactions, and review your completed Transactions. You are solely responsible for maintaining the security of your ID and password provided by THA at the time of your Registration. You may not disclose your ID and password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your ID and password on the Site. If your ID or password is compromised, you must change your ID or password.
THA Reservation of Rights. THA retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Services and any element, aspect, portion or feature thereof, from time to time). THA retains all right, title, and interest in and to all of the copyrights, patent rights, trademarks, trade secrets, and all other proprietary rights in the Site and the Services. No right in the Site is granted to you.
Compliance with Laws; Fraud. The Site and the Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not (i) impersonate any person, use a third party’s password(s), or distribute or post spam, unsolicited or bulk electronic communications; (b) distribute viruses or any other technologies that may harm THA, or the interests or property of other users of the Site; (c) copy, modify or distribute rights or content from the Site or other websites owned or operated by THA, service or tools or THA’s copyrights and trademarks; or (d) harvest or otherwise collect information about users, including email addresses, without their consent.
Disclosure of Information. THA also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect THA’s systems and customers, or to ensure the integrity and operation of THA’s business and systems, THA may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
Artwork and Links. The Site will contain listings of Artworks and may, whether in connection with an Artwork or otherwise, contain links to other Internet sites (“Linked Websites”). Each Artwork is the responsibility of the provider thereof. In addition, THA has not reviewed all of the Linked Websites and has no control over the Linked Websites. Unless otherwise explicitly stated, THA is not responsible for the content of (a) any Artwork or (b) any Linked Website, any update or change to such Linked Website, or the privacy or other practices of such Linked Website. The fact that an Artwork is listed on the Site or that the Site contains a link to a Linked Website does not indicate any approval or endorsement by THA of such Artwork or any material contained on such Linked Website.
No Warranties and Disclaimer of THA. THE SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. THA MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (i) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (ii) THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR; (iii) THAT THE INFORMATION, ARTWORK, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THE LICENSORS, AVAILABLE FOR LICENSE AT THE TIME OF A PROPOSED TRANSACTION, LAWFUL TO LICENSE, OR THAT THE LICENSORS WILL PERFORM AS PROMISED; (iv) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (v) AS TO ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT THAT YOU MAY HAVE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THA.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THA DISCLAIMS ANY AND ALL SUCH WARRANTIES.
General Release. BECAUSE THA IS NOT INVOLVED IN THE TRANSACTIONS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PERSONS USING THE SITE OR THE SERVICES, EACH OF YOU RELEASES THA (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
You may terminate your participation in the Services at any time by informing THA using any of the means authorized in Section 2 above, and THA may terminate your participation in the Services at any time without notice to you by removing your Registration. Also upon termination, any pending Transactions will be canceled.