The Greats is an artwork discovery platform for free to use, high-definition works of design, art, audio and video production, or other subjects of copyright (“Works”). Fine Acts Foundation, a nonprofit organisation operating under EU law (“We”), operate the The Greats website at thegreats.co (the “Site”) and all related websites, software, mobile apps, and other services that we provide (together, the “Service”) with the goal of celebrating and enabling contributors and fostering creativity in our community (the “Goal”). You are a visitor of the Website and/or a user of the Service (“You”). Your use of the Service, and our provision of the Service to You, constitutes an agreement between You and Fine Acts Foundation to be bound by the terms and conditions in these Terms of Service.
Plain language summaries. For convenience, before each article of these Terms, we offer a brief summary of the meaning and our intent. These summaries are purely informational and are not meant for legal interpretation.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR OR OTHERWISE USING THE SERVICE, YOU ARE CONFIRMING THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. If you don’t agree with anything we propose in these Terms, please don’t (and you don’t have our permission to) use any part of the Service.
The Service is designed for use by people who are at least 14 years old. The Service may contain content, which might be viewed as not suitable for minors. If you are not yet 14, then you can’t use the Service. If you are 14 or older, you declare to us that you have never been suspended from the Service, and promise that your use of the Service won’t break any laws or regulations. If you are using the Service on behalf of a company, organization, or other kind of entity, you represent to us that you have authority to bind the organization to these Terms on its behalf.
When you use the Service, you have the opportunity to register an account. We suggest you do register an account, because creating an account on the Service gives you access to special features around discovery, downloading, and contributing to the community. If you do, we ask that you give us some information about yourself as part of the registration process, some of which is required in order to register the account. You promise that all the information you provide is accurate and that you will keep it accurate and up-to-date in the future. We also ask you to provide a password to protect the security of your account. You are responsible for keeping your password safe and confidential. Any activity that happens under your account will be your responsibility. If ever you think that your account may no longer be secure, you need to notify us immediately at firstname.lastname@example.org. You can also reset your password via the link for forgotten password in the Log in section of the website.
Conditioned on your continued compliance with these Terms, we grant you permission to access the Service.
The Service permits you to search, view, and download Works of art and creativity (images, illustrations, photography, sound and video), that have been uploaded by Fine Acts or by The Greats users. If not specified otherwise, you may download and use Works from the Service in accordance with, and subject to, the Creative Commons-Attribution-NonCommercial-ShareAlike 4.0 International license (the “License”). We encourage you to familiarize yourself with the License, as well as the accompanying FAQs.
YOU OWN ALL OF YOUR USER CONTENT, INCLUDING ANY WORKS THAT YOU UPLOAD TO THE SITE.
BY USING THE SERVICE YOU AGREE NOT TO:
If you breach any of these Terms, your permission to use the Service will terminate automatically.
Additionally, we may terminate your account on the Service or suspend or terminate your access to the Service at any time (with or without notice) without liability to you. You can terminate your account on the Service by sending an email request to email@example.com.
We may update, modify, or even discontinue the Service at any time without notice to you.
We may, at times, make changes to these Terms on 7 days’ notice. If and when we do, we will make reasonable efforts to notify you of the changes. We may provide these notices through a pop-up banner, by sending an email to an email address associated with your account on the Service, or in some other way, and we will let you know when the new version of these Terms will go into effect. If you don’t accept the new Terms that we are proposing, we may cancel your account immediately and terminate your access to the Service. If we have any disputes regarding the Service, they will be resolved in accordance with the version of these Terms that was in effect when the dispute arose.
Fine Acts Foundation owns and operates the Service. All of the software, visual interfaces, graphics, designs, information, compilation of Works, and all other elements of the Service that we provide are protected by intellectual property and other laws. We or our licensors own all of the Works contained in the Service and you cannot use the Works except as you are specifically permitted under these Terms.
You are responsible for your use of the Service. You agree to defend and indemnify us, including our directors, officers, employees, consultants, affiliates, and agents, from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms or any law or regulation; (iii) your violation of anyone’s rights, including intellectual property rights; or (iv) any disputes between you and a third party. If you do have to defend us, we will have the right to assume exclusive control of the matter (without limiting your indemnification responsibilities) and, if that happens, you will cooperate with our defense of the claim.
WE PROVIDE THE SERVICE, AND ALL CONTENT THAT’S AVAILABLE THROUGH THE SERVICE, ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR HARMFUL COMPONENTS, OR THAT WE WILL FIX ANY ERRORS OR HARMFUL COMPONENTS.
EXCEPT AS PROVIDED IN SECTION 14 BELOW, YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME ALL RISK FOR ANY DAMAGES THAT RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR INTERACTIONS WITH OTHER SERVICE USERS, AND ANY CONTENT AVAILABLE THROUGH THE SERVICE. YOUR USE OF THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THE CONTENT.
THE LAW IN SOME PLACES PROHIBITS A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON WHERE YOU RESIDE. WE DO NOT EXCLUDE OR LIMIT IN ANY WAY OUR LIABILITY TO YOU WHERE IT WOULD BE UNLAWFUL TO DO SO. IN THE UNITED KINGDOM AND THE EUROPEAN UNION, THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS, OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR OUR OBLIGATION TO PERFORM THE SERVICE WITH REASONABLE CARE AND SKILL OR FAILURE TO PERFORM THE SERVICE IN ACCORDANCE WITH INFORMATION PROVIDED ABOUT US OR THE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF THE DAMAGES.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE (OR INABILITY TO USE) THE SERVICE OR ANY CONTENT AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHER LEGAL THEORY IS LIMITED TO BGN100.
THE LAW IN SOME PLACES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE YOU AND US. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Mediation. In the event of any dispute arising out of or in connection with these Terms, the parties agree in the first instance to refer the dispute to a mediation procedure in Sofia, Bulgaria.
Governing Law. Our agreement under these Terms is governed by the laws of the Republic of Bulgaria, without regard to its conflict of laws principles. If a lawsuit is permitted under these Terms, you and we agree to the exclusive jurisdiction of the courts located in Sofia, Bulgaria.
The Service is offered by Fine Acts Foundation, located at 12A Georgi Benkovski St, 1000 Sofia, Bulgaria. You can reach us by sending letters to our address or by emailing us at hello [at] fineacts [dot] co.