Terms and Conditions

SEED the Art Space Ltd
Website Terms and Conditions

Terms and Conditions for Agreement in Using the Web Site

Thank you for visiting the SEED the Art Space Ltd. (UEN  201939588Z) (“SEED”) website!

SEED’s website address is http://www.seedartspace.com (called the “Site” below).  By accessing and using any part of this Website, you shall be deemed to have accepted to be legally bound by these Terms and Conditions and our Privacy Policy (Collectively called “Website T&C below). If you have any questions of using our website, please contact us via email enquiries@seedartspace.com or write to us at Unit 03-11, Herencia, 46 Kim Yam Road, Singapore 239351.

Please read the Website T&C before using this Site and/or the Services (both defined below), so that you are aware of your legal rights and obligations with respect to SEED. By your access (subject to clause 1.a) of this Site and/or use of the Services, you hereby agree to be legally bound by these Website T&C.  If you do not accept these Website T&C, kindly refrain from using this Website.

Agreement

You hereby represent and warrant that:

  1. you have read and agree to these Website T&C and our Privacy Policy;
    1. you are at least 18 years old and have the necessary legal capacity, right, power and authority to agree to these Website T&C and you are either;
      1. accessing this Site, using the Services and contracting in your own personal capacity;
      2. accessing this Site, using the Services and contracting on behalf of a corporate entity; or
      3. contracting as parent or guardian of a child or ward who is less than 18 years old and who is accessing this Site and using the Services, in which event you agree as his/her parent/guardian, both in your personal capacity and on behalf of your child/ward, to be bound by these Website T&C and to be liable for your child’s or ward’s acts and omissions while accessing the Site and/or using the Services, and you also agree to ensure that your child or ward observes these Website T&C;
    2. you are authorised to bind the entity (yourself or your corporate entity) on whose behalf you are contracting and such entity agrees to be bound by these Website T&C; and
    3. all of the information provided by you to SEED (including without limitation personal particulars and contact information) is accurate and complete.
  2. SEED reserves the right to change, modify, suspend or discontinue the whole or any portion of the Services or Site at any time. SEED may also impose limits on certain features or restrict your access to parts or the entire Services or Site without notice or liability.
  3. SEED may from time to time vary or amend these Website T&C by posting the amended Website T&C at this Site. Any use of the Services after the amendment of these Website T&C will be deemed to be acceptance of the amended Website T&C by you. If you do not agree to the amended Website T&C, you have the right to cease using the Services.
  4. If you have any questions or concerns about these Website T&C or any issues raised in these Website T&C or on the Site, please contact us at: enquries@seedartspace.com.

Definitions

In this Agreement, the following definitions shall apply unless the context does not permit such application:

“Agreement” means the agreement formed by these Website T&C and the Privacy Policy.
“App” means any software or mobile application owned or managed by SEED.
“Computer” means your computer, notebook computer, personal digital assistant, mobile phone or other electronic device used to access this Site or the Services.
“Content” means materials, information, news, research publication, articles, advertisements, listings, data, input, text, songs, audio, video, pictures, graphics, software, blogs, webcasts, podcasts, broadcasts, messages, software, comments, suggestions, ideas and other content.
“Linked Sites” is defined in Clause 7.1.
“Personal Data” means, data, whether true or not, about an individual who can be identified from that data or from that data and other information to which a party has or is likely to have access.
“Servers” means the computer software, systems and servers hosting, operating, managing, providing or contributing to the Site and the Services.
“Services” is defined in Clause 3.2.
“Site” means http://wwww.seeartspace.com, as defined above, containing the link to these Terms & Conditions.
“SEED Content” means all Content of SEED that is made available on or via this Site or a SEED website.
“Third Party Products” means products and services of third parties, including other users, advertised on or available at the Site or websites linked from the Site.
“Third Party User Content” means all User Content which is not created, transmitted, posted or uploaded by you.
“Collaborator” means the one, who could be artist, curators, project members etc, has a collaborating agreement or a consent for collaboration with SEED.

“Collaborator Content” means the Content on this Site which is created or belonged to SEED’s collaborator (such as artist, curators, project members etc) who has a collaborator agreement with SEED, which allows SEED to transmit, post or upload content to our webpage.

“User Content” means all Content on this Site which is created, transmitted, posted or uploaded by a user of the Site.

The words “include” and “including” shall not be construed as having any limiting effect.

The headings in this Agreement do not have any legal effect nor shall they affect the construction of this Agreement in any way.

Site and Services 

  1. The Site is owned and maintained by SEED and created by a third party web developer.
  2. SEED may offer one or more of the following services on or through the Site (each a “Service” and collectively the “Services”):
    1. access to a collection of information, news, publication, data, text, listings, graphics, images, videos, audio files, podcasts, webcasts, software applications etc or other content of SEED;
    2. search engines or tools;
    3. online shop;
    4. mailing list subscribers and email alerts
    5. hyperlink to third parties or linkage to social media platform;
  1. any other features, content or applications that SEED may offer on or through the Site from time to time in its sole and absolute discretion.
  2. From time to time SEED will run competitions, promotions and surveys at the Site. These may be subject to additional terms and conditions that will be made available at the time they are run.

Content Use Conditions

  1. You may not reproduce, copy, modify, adapt, upload, post, translate, publish, display, communicate, transmit, broadcast, podcast, webcast, distribute, sell, trade or exploit for any commercial or other purposes other than personal use or non-commercial education within a classroom. All other usage require prior written permission of SEED and/or its collaborators.
  2. A request for permission in writing, stating the part(s) of the Content required; the nature of the use; time frame of use and identity of the user can be addressed to enquries@seedartspacel.com. SEED reserves the right to require more information about the proposed use or the user; and to refuse permission without assigning any reason.
  3. All SEED Content are the copyrighted work of SEED or SEED’s collaborators; or its content or software providers. SEED reserves and retains all rights in the SEED Content. Use of some SEED Content may be governed by the terms of an accompanying end user license agreement.
  4. You may not decompile, reverse engineer or otherwise attempt to discover the source code of any SEED Content available on the Site or through a Service except under the specific circumstances expressly permitted by law or SEED in writing.

Copyrights and Intellectual Property

  1. This Website is owned and provided by SEED
  2. The copyright, patents, trademarks, registered designs and all intellectual
    property rights in the Services, the Site, and all SEED Content, including
    without limitation the copyright in the compilation of all User Content,
    shall vest in and remain with SEED
  3. The trademarks, logos and service marks (“Marks”) displayed on this Site are the
    property of SEED or other third parties, and all rights to the Marks are expressly reserved by SEED or relevant third parties. You are not permitted to use any Marks without the prior written consent of SEED or such third party. SEED aggressively enforce their intellectual property rights to the fullest extent of the law. The name of SEED or any other Marks may not be used in any way, including in any advertising or publicity, or as a hyperlink without prior written permission of SEED.
  4. The domain name on which the Site is hosted on is the sole property of SEED and you may not use or otherwise adopt a similar name for your own use.
  5. SEED fully retains all rights, title and interest it may hold in the Content, including but not limited to copyright.
  6. Unless otherwise mentioned, the copyright of the artworks belong to the SEED or SEED’s collaborators.
  7. Copyright in the content on this platform may also reside in persons and entities other than, and in addition to SEED.  SEED seeks to share our artworks with as many people as we can. We are fully committed to respecting the intellectual property rights of others and always use our best efforts to obtain permission for artwork images used. Please contact us at enquries@seedartspace.com should you have any queries about this.

Online Conduct

You hereby undertake:

  1. to comply with these Website T&C, and such other notices or guidelines that may be posted on the Site by SEED from time to time (which are hereby incorporated by reference into these Website T&C);
  2. not to use any Service or SEED Content for any unlawful purpose, and to comply with all applicable laws and regulations, including without limitation, copyright law; and not to hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or Servers, which shall include but is not limited to denial-of-service attacks, spoof attacks, session hacking, sniffing, tampering, reverse engineering or reprogramming.

Disclaimers and Limitations

  1. While we make every effort to ensure that all SEED Content displayed on the Site is accurate and complete, we provide the SEED Content for informative purposes and on an ‘as is’, ‘as available’ basis only without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, SEED disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose, compliance with description, or the warranty of non- infringement. Without limiting the foregoing, SEED does not warrant that the functions contained in or access to the Site, Services, SEED Content or other content will be timely, uninterrupted or error-free or without omission, that defects will be corrected, or that the Site, Services, SEED Content or the Servers are free of viruses or other harmful components, or that the download, installation or use of any SEED Content in or with any Computer will not affect the functionality or performance of the Computer. SEED does not warrant or make any representations regarding the use or the results of the use of the SEED Content, the Services, the Site or the Servers in terms of their correctness, accuracy, completeness, reliability, or otherwise. You (and not SEED) assume the entire cost of all necessary servicing, repair, or correction, including any defect, problem or damage in any Computer. You agree not to hold SEED liable for the loss of any of your User Content that is due to any circumstances beyond the control of SEED.
  2. The data and information made available on the Site are of a general nature and do not purport, and shall not in any way be deemed, to constitute an offer or provision of any professional or expert advice which beyond our business scope.
  3. You acknowledge that it is not SEED’s policy to exercise editorial control over, and to review, edit or amend any data, information, materials or contents of any User Content, posting, email or any information that may be inserted or made available on the Site by other users of the Services and that SEED does not endorse and shall not be responsible for any such content.
  4. You agree that:
    1. SEED shall be entitled at any time, at its sole and absolute discretion and without prior notice, to add to, vary, terminate, withdraw or suspend the operation of the whole or any part or feature of the Site or Services without assigning any reason; and
    2. access to or the operation of the Site, Servers and/or the Services may from time to time be interrupted or encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors, and in any such event, SEED shall not be liable for any loss, liability or damage which may be incurred as a result.
  1. In no event shall SEED be liable to you for any damages, losses, expenses, liabilities under any causes of action (whether in contract or tort including, but not limited to negligence, or otherwise) caused through the use of, or the inability to use, the SEED Content, User Content, Services, Third Party Products, any Computers, the Site, or any other website. In the event that SEED is liable for damages despite the foregoing provision, you agree that SEED’s aggregate liability to you for any and all causes of action in relation to the SEED Content, Services, Site, and the Agreement, shall not exceed the total amount of any fees and charges paid by you for the Services to SEED for the one (1) month period immediately preceding the time such liability arose.
  2. Under no circumstances, including, but not limited to, negligence, shall SEED be liable for any indirect, special, consequential, or incidental damages that result from the use of, or the inability to use, the SEED Content, Services, Site, or any other website, even if SEED or a SEED authorised representative has been advised of, or should have foreseen, the possibility of such damages.
  3. To the maximum extent permitted by applicable law, SEED disclaims all liability for any direct, incidental or consequential damage or loss suffered by you that may result from the collection, use or disclosure of your Personal Data, including but not limited to any loss of, or any inability to retrieve, any Personal Data, howsoever caused, or any inaccuracy in the Personal Data presented, used or transmitted.
  4. You agree that the above exclusions and limitations of liability enable the Services and the SEED Content to be provided by SEED at either reasonable costs or no costs to you.

Hyperlink to or by other websites

External website links in SEED content

  1. SEED content may contain hyperlinks to other websites (named “ Linked Sites” below) which are not maintained by SEED that may be of relevance and interest to users. Hyperlinks to other websites are provided as a convenience to the user. In no circumstances shall SEED be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this Website is linked. SEED has no control over, and is not responsible for the content on the Linked Sites or for any damage you may incur from the Linked Sites (including any virus, spyware, malware, worms, errors or damaging material contained in the Linked Sites) or the availability of any content on the Linked Sites, and you hereby irrevocably waive any claim against us with respect to the Linked Sites.

External Citation of this Site from other websites

  1. Except as set forth below, caching and links to, and the framing of this Website, or any of the Contents are prohibited.
  2. Linking to the Homepage – You may link to the Homepage of this Website, upon giving notification in writing addressed to enquires@seedartspace.com.
  3. Hyperlinking to an internal page of this Website: You must make a specific request in writing addressed to enquires@seedartspace.com for permission from SEED prior to hyperlinking to, or framing this Website or any of the Content, or engaging in similar activities. SEED reserves the right to impose conditions when permitting any hyperlinking to, or framing of this Website, or any part of the Content.
  4. Your linking to, or your framing of this Website or any part of the Content constitutes acceptance of these Terms and Conditions. This is deemed to be the case even after the posting of any changes or modifications to these Terms and Conditions. If you do not accept these Terms and Conditions, you must discontinue linking to, or framing of this Website, or any part of the Content.
  5. Under no circumstances shall SEED be considered to be associated or affiliated in whatever manner with any trade or service marks, logos, insignia or other devices used or appearing on websites that link to this Website or any part of the Content.
  6. SEED reserves all rights to disable any links to, or frames of any site at its sole discretion including in cases where the sites contain inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.
  7. SEED reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from this Website or any part of the Content.

Data Use and Privacy

  1. Please do not submit any personal information or data without first reading our Privacy Policy which explains our data use and privacy practices in detail.

Termination

  1. You agree that SEED has the right in its sole and absolute discretion and without notice to restrict, suspend, or terminate your access to all or any part of the Site or Services, without assigning any reason.

Notification of Infringement

  1. SEED reserves the right to investigate notices of copyright, trademark and other intellectual property infringement (“Infringement”) in respect of SEED Content, User Content and other material on the Site (“Infringing Material”) and take appropriate action. If you believe that your work has been used or copied in a way that constitutes Infringement and such Infringement is occurring on this Site, please notify SEED in writing immediately in the form and containing the information prescribed by the Singapore Copyright Act (Cap. 63) (“Infringement Notice”).
  2. All Infringement Notices shall be sent to SEED at enquries@seedartspace.com.
  3. SEED will duly consider all Infringement Notices submitted in the above manner. In return, you agree that you shall not take any legal action or exercise any legal remedy you may have against SEED in respect of any Infringing Material, unless you have first given SEED the Infringement Notice and sufficient opportunity to remove the Infringing Material, and thereafter SEED refuses or fails to remove the Infringing Material within a reasonable time. Where SEED removes the Infringing Material in response to your Infringement Notice, you agree not to exercise and you hereby waive, any right of action against SEED under applicable law which you may have in respect of any Infringing Material appearing on the Site prior to such removal by SEED.
  4. You acknowledge and agree that SEED has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on Linked Sites or other third party sites.

Jurisdictional Issues

  1. This Site is owned and operated by SEED in Singapore. SEED makes no representation that the Contents of the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Indemnity

  1. You agree to defend, indemnify and hold SEED harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

Severability

  1. If any provision of these Website T&C is found to be illegal, void or unenforceable under any law that is applicable hereto or if any court of competent jurisdiction in a final decision so determines, these Website T&C shall continue in force save that such provision shall be deemed to be deleted.

Relationship of Parties

  1. Nothing in these Website T&C shall constitute or be deemed to constitute an agency, partnership or joint venture between SEED and you and neither party shall have any authority to bind the other in any way.

Rights of Third Parties

  1. Except as provided for in Clause “Severability”, a person or entity who is not a party to this Agreement shall have no right under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any term of this Agreement, regardless of whether such person or entity has been identified by name, as a member of a class or as answering a particular description.

Governing Law & Jurisdiction

  1. These Terms and Conditions shall be governed and construed in accordance with laws of the Republic of Singapore.

This Agreement and Terms and Conditions was last modified on 15 August 2020.