Non-Disclosure Agreement

Terms of Use

These general terms and conditions apply to the contractual agreement between Masterpiece and its members and users (those who use the website "www.masterpiecefineart.io", iOS apps “Masterpiece” and “Masterpiece Pro”). Masterpiece is operated by Masterpiece Art Online which is referred hereafter sometimes as “Masterpiece” or “Company”.

Masterpiece can only be used if you are of legal age of 18 and above, and for non-commercial purposes. Masterpiece Art Online, is an online marketplace and fulfillment service. If you're interested in buying art online, you've come to the right place.

1 Content of Agreement

1.1 The service provided by Masterpiece gives you access to an online database during the term of the contract, through which you can get to know other registered paintings through services that are both free and subject to a fee (hereinafter referred to as "Masterpiece Services"). Masterpiece services are only available via mobile apps for IOS devices (or in future for other operating systems) or via the Internet on the website www.masterpiecefineart.io.

1.2 The online database provided by Masterpiece contains so-called profiles, which the registered customers fill with photos and information. The data protection information shows which data is collected in this context and how these are visible to other customers. Masterpiece offers its service in various countries and enables a cross-regional search and contact.

1.3 With the Masterpiece platform, finding new art Art Business is only available on the app Masterpiece Pro.

1.4 Term and Termination

This agreement will stay always in full force while you use our website, app or platform. You can end your membership at any time and for any reason by following the instructions on the “Deactivate Account” section on the Masterpiece platform. Masterpiece also can end your membership at any time without prior notice. If Masterpiece terminates your membership you are not entitled for any refund or of the subscription fees or unused coins of your account. Your membership can be ended for any reason. All terms in this agreement will survive a termination and continue in full force and effect.

2 Conclusion of the Contract

2.1 The use of the Masterpiece services require your registration. The prerequisite for this is an email address and a password selected by the customer. In some areas, Masterpiece requires a valid phone number for registration. The password will be sent by text message. It’s the user’s responsibility to use a correct and valid phone number which can receive text messages. Other log-in options are available, depending on the user’s location and device. Please take into account that the registration is only successfully submitted when these terms have been read and agreed.

2.2 In some areas Masterpiece requires a valid phone number to register on the Masterpiece app. To proceed with the sign-up process, the user has to give consent that Masterpiece is allowed to send text messages (SMS) to continue the registration. It’s in the customer’s responsibility to make sure to read the consent. If a person does not want to register with the phone number, sign-up on the Masterpiece Website www.masterpiecefineart.io is possible without cell phone log-in.

2.3 After registration you will need to complete your profile with pictures and information. Please note, that during the first 24h, Masterpiece is checking if a registered profile is suitable to use all of the Masterpiece terms. A completed registration does not have to result in access to the Masterpiece database, nor does Masterpiece has the obligation to communicate reasons to a user for the non-acceptance.

You then have the opportunity to use Masterpiece to a limited extent free of charge on the basis of these general terms and conditions.

2.4 Masterpiece Pro offers the choice to register on different modes: The user has to set up and which have to be approved by the Masterpiece team within 24h upon registration. If the separate application for both modes have been successful, the user can change on Masterpiece Pro.

2.5 Once you have registered, we will also provide you with services against payment of a fee. These services are also subject to the general terms and conditions. Before you can take advantage of these chargeable services, we will inform you about the content of the chargeable service as well as about the prices and the terms of payment. Your declaration of wanting to enter into a contract with Masterpiece, which is subject to a fee, is made when the purchase button is pressed. The contract, which is subject to a fee, is only concluded when the order is confirmed by notification from Masterpiece.

2.6 Masterpiece enables the purchase of premium membership (paid) via its IOS apps. In this case, the conclusion of the contract and a revocation are processed via Apple and Google respectively and the technical specifications and principles established by these companies, over which Masterpiece has no influence. As a rule, a purchase is made via the IOS APP if the customer clicks on the "Confirm" field or a comparable field and, if necessary, enters a password or a Touch ID for the App Store or Google Play Store. Apple also uses the customer's iTunes account for billing while Google uses the registered Google Wallet account of its Play Store of the user. Here you will also find all the essential information about the commercial processing of the contractual agreement. Memberships purchased via Apple and Google have to be canceled separately in the User’s App Store settings or settings of the Google Play store. Masterpiece’s customer service assists our users of locating these settings further and can be reached via support@masterpiecefineart.io.

3 Chargeable and Free of Charge Services

3.1 Masterpiece Pro’s mode provides you with daily limited profile suggestions and  se-lected filter criteria. The operation of the Business for buyers functions the same as the mode which is explained in 3.1.

3.2 In addition to the services listed in Section 3.1, Masterpiece offers a range of services subject to payment. These are paid premium memberships in the form of “Masterpiece BASIC” and “Masterpiece PLATINUM”. Perks and details on these memberships are stated prior purchase. Other paid services are available with the use of Masterpiece “Coins”. Coins can be purchased and function as currency on Masterpiece. Masterpiece has the right to offer additional chargeable services at any time.

3.3 Our service (with the exception of customer service) is available 24 hours a day, seven days a week. Masterpiece has an annual availability of 99.5%. Downtimes that occur due to maintenance and / or due to software updates are excluded. Excluded as well are times when the service is not available on the Internet due to technical or other problems that are not within Masterpiece’s sphere of influence. A prerequisite for full use of the Masterpiece services is the use of the latest (browser) technologies, including the activation of, for example, Java Script, cookies, pop-ups, etc. And the use of Masterpiece’s latest available app. We recommend our users to enable automatic updates of our Masterpiece app. The use of outdated technologies may lead to restrictions in the Masterpiece services.

4 Data Protection

4.1 You can find our data protection regulations on the following website: https://masterpiecefineart.io/privacy-policy/

4.2 The Masterpiece platform may be commercially supported by affiliate businesses which help executing Masterpiece and its services. However, this won't change the fact that your data remains with Masterpiece Limited, as stated in our privacy policy.

5 Contract Extension and Termination

5.1 You can cancel your free membership at any time with immediate effect. All you have to do is click the "Delete profile" button in the "Settings" / “Deactivate Account" area.

5.2 Within our product-related contract contents, which you confirm during the ordering process, you will find the ordinary notice period for membership subject to payment. The termination must be expressed to our user support support@masterpiecefineart.io.

Ordinary termination of the paid membership does not result in cancellation of the free membership. For this, the procedure according to section 5.1 is to be followed separately.

5.3 If the customer does not give notice of termination in compliance with the ordinary notice period in accordance with Section 5.2, the contract for paid membership is being continued until it’s announced end day which you accepted during the ordering process.

5.4 Section 2.4 applies to terminations of memberships that have been acquired via the IOS app from Apple app from Google.

6 Severability

Although the restrictions herein contained in this Agreement are considered by the parties to be reasonable for the purpose of protecting the Confidential Information, if any such restriction is found by a court of competent jurisdiction to be unenforceable, such provision will be modified, rewritten or interpreted to include as much of its nature and scope as will render it enforceable. In the event it cannot be so modified, rewritten or interpreted to be enforceable in any respect, it will not be given effect, and the remainder of the Agreement shall be enforced as if such provision was not included.

7 Customer's Duties

7.1 The customer is obliged to make all payments due to Masterpiece on time. If the customer is culpably in arrears with more than one successive installments, all outstanding payment claims up to the end of the term are due immediately.

7.2 When registering, it is your responsibility to provide truthful information. The customer is solely responsible for the content of his personal data and assures the accuracy of the information. Masterpiece reserves the right to take civil action against customers who intentionally and / or fraudulently provide false information.

7.3 Masterpiece services are intended for private use only. By registering, you undertake not to use Masterpiece services for commercial purposes and not to use data made available to you for commercial or advertising purposes. You are expressly not permitted to systematically collect the content of other users (e.g. through a special program or by simply copying the data) and to use it for purposes other than the service of Masterpiece. In this context, it is particularly not permitted to use computer programs such as Crawlers to use to read other customers' data.

7.4 If you acted culpably, you are obliged to indemnify Masterpiece against any kind of lawsuits, damages, losses or claims that could arise from your registration and / or participation in our service. This applies in particular to damage due to defamation, insult, violation of personal rights, the loss of services for other customers, a violation of these terms and conditions, the violation of intellectual property or other rights. The amount of the claim for reimbursement of expenses is limited to the expenditure required or required for a specific purpose.

7.5 It is your responsibility to keep emails and other messages from other Masterpiece customers confidential and not to make them accessible to third parties without the consent of their author. The same applies to the names, telephone numbers, email and residential addresses, social media profiles and / or URLs or other personal data etc. of our customers.

7.6 Please let us know immediately if you are no longer interested in partner proposals due to the establishment of a partnership or for other reasons.

7.7 Masterpiece is entitled to delete messages without asking at any time. All data in the context of a free membership can be deleted 2 months after the last login by the customer. For this reason, you are requested to call up the incoming messages and the data of your profile at regular and appropriate intervals and to archive them on your own computer or other storage media if necessary.

7.8 Reasonable Use of Masterpiece Services

You as a user are solely responsible for the content, information, and any other service that you post, share, link, publish or transmit in any other form to people on the Masterpiece platform and to the Masterpiece staff. You are not allowed to post on the Masterpiece website/ app or share to anyone any content or interact through the Masterpiece platform:

In a manner that objectifies other users and/ or reduces them to material value

In abusive ways

In violation of any law, code of ethics, code of moral, regulation or in violation to the Masterpiece guidelines found here: https://www.masterpiecefineart.io/

In a manner that violates and infringes intellectual property rights, personal rights and any copyrights, trademarks, privacy, or publicity rights of others

With the use of multiple accounts for one user

It is prohibited that a person is violating or trying to breach the security of the website, app of Masterpiece platform. This includes:

investigating, scanning the system and network of its technical functions, engineering and coding

The further use of Masterpiece always remains prohibited:

Posting any incomplete, false, misleading, or inaccurate content about yourself and/or your profile.

Impersonating, or otherwise misrepresenting an affiliation, connection or association with, any person or entity.

Posting advertisements or solicitations of employment, business,

Using the website or Masterpiece services for activities that violate any law, statute, ordinance, or regulations;

Using the website or Masterpiece services to encourage, promote, facilitate, or instruct others to engage in illegal activity;

Stalking or otherwise harassing any other members or company employees or representatives;

No harassment of Masterpiece employees:

Do never harass, annoy, intimidate, or threaten any Masterpiece staff or agents engaged in providing one of the Masterpiece services to you. If we feel that your behavior towards any of our staff is threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees or coins.

8 Communication

Masterpiece is an online service. As such, Masterpiece communicates with its customers either via the in-app messenger system when logged in or via email (e.g. support, sending partner proposals, contract confirmation and invoices / reminders). Telephone, fax and mail by post are excluded from communication between the company and the user. For clear authentication and protection against misuse, your messages should contain one the following detail so that we can assign you to your account, depending what applies to you: E-mail address, Facebook email address, Google Account email address, Linked-In Account email address, Apple ID email address, or phone number registered with. Masterpiece sends to all of its registered users unpersonalized messages of informational and promotional content. This can be within the Masterpiece platform (Masterpiece News) or to the linked Email address or phone number in the for of SMS messages. Users can specify the types of messages they want to receive in their settings.

9 Rights of Use and Copyrights

In relation to you, Masterpiece is the sole legal owner of the reproduction, distribution, processing and all copyrights as well as the right of intangible transmission and reproduction of the Masterpiece website and the individual content contained therein. The use of all programs and the content, materials, brand and trade names contained therein is only permitted for the purposes stated in these terms and conditions.

10 Subscriptions and Memberships

10.1 Masterpiece provides automatic renewal options when purchasing a premium membership of Masterpiece “BASIC” or Masterpiece “PLATINUM”. This option is voluntarily. If a user chooses the automatic renewal option when purchasing, Masterpiece will renew all paid subscriptions on the date when the initial membership is expiring. After the first subscription period, the membership will renew for another period as stated on the check out process. Then the subscription is going to renew automatically for every ongoing subscription period. When purchasing an auto renewal membership, the Masterpiece user confirms that the account will be subject to the renewal plan. If a member does not want the account to renew the paid membership anymore, or if the membership should be changed pr terminated, the user should contact the Masterpiece customer support via in-platform send an email to support@masterpieceartonline.com and follow the instructions.

10.2. When you deactivate or delete your membership account, or if the account is suspended for violating Masterpiece terms, rules or guidelines, you acknowledge that any remaining or unused membership or coins will expire and no refunds will be issued for any remaining subscriptions or coins. If you deactivate your account and will reactivate it later, you further agree that any remaining coins or subscriptions at the time of the account deactivation will not be reinstated and can be lost.

10.3 Refund of Membership Fees

Please contact support@masterpiecefineart.io when logged into your account for any questions to your subscription fee. Note, that there is no obligation to provide you a refund. Membership fees are non-refundable in the following situations:

Purchases made during the Vouch or Review process and within the first 24h after account creation

Purchases that belong to special deals, promotions but in any case, made under discounts or reduced prices

Auto-Renewals, canceled less than 48h prior to renewal date

Refund requests submitted beyond 24h after payment

11 Links

This website and the Masterpiece services may contain links to sites that are not affiliated with Masterpiece. The inclusion of a link on this website does not imply our endorsement of the linked site. If you decide to access linked third-party websites, you do so at your own risk. Despite careful control of the content, we don’t take any liability for the content of external links. The operators of linked pages are solely responsible for their content.

12 Applicable law, alternative dispute resolution

The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of New York and the laws of the countries of each the “Receiving Party” or any applicable federal laws or statutes applicable to contracts made and to be wholly performed within such state, without giving effect to any form of conflict of law provisions thereof. The Federal and State courts located in New York shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.

13 Disclaimers

Masterpiece is not responsible for the online or offline behavior of a user of the website or a member of the service.

Masterpiece is not responsible for errors, interruptions, deletions, defects, operating or transmission delays, communication line failure, theft or destruction, or unauthorized access to or changes in user or member communications.

Masterpiece is not responsible for problems or technical malfunctions in telephone networks or lines, online computer systems, servers or providers, computer equipment, software, email or player failure due to technical problems or traffic jams on the Internet or on websites or a combination thereof, including injuries or damage to users and / or members or someone else's computer related to or resulting from participation or downloading of materials related to the website and / or service.

In no event will Masterpiece be responsible for any loss or damage, including personal injury or death, arising from the use of the website or the service, content published on the website or transmitted to members.

14 Additional

14.1 Masterpiece is entitled to commission third service providers and vicarious agents to provide parts or the entire range of services.

14.2 Should a part of the contract or the general terms and conditions become or will be ineffective or should the contract be incomplete, the remaining content of the contract will not be affected. The statutory provisions also apply.

14.3 The contract language is English.

14.4 As part of the conclusion of the contract, the contract text is not automatically saved by Masterpiece. The customer is therefore obliged to save the contractual text that is valid at the time of the conclusion of the contract and is accessible on the Masterpiece website on his hard drive or to archive it in any other way.

This contract can be change by Masterpiece at any time. If you are a Masterpiece member (“basic” “platinum” or “premium”) at the time of any change, the revised terms will be effective upon posting on the website and your use of the Masterpiece services. By using the services on the Masterpiece website or app, you are accepting all of Masterpiece’s terms or revised terms and conditions. Contact us at support@masterpiecefineart.io if you have any further questions