Terms & Conditions
This service is operated by Alectic Limited which is registered in England and Wales under company number 11934904.
1. Please read these terms and conditions (the "Terms") carefully. By accessing and using our website and any content and features and services therein, you indicate your acceptance of these Terms, the Privacy Policy, the Code of Conduct and any other notices, guidelines and rules published by Alectic on our Services from time to time (each of which is incorporated into the Terms by this reference). Our Privacy Policy can be accessed here (link).
2. If you do not accept these Terms then please do not access and/or use the Services.
3. Alectic may update these Terms at any time. Please review the Terms regularly to ensure you are aware of any changes. Your continued access to and/or use of our Services after changes have been made to the Terms indicates your agreement to be legally bound by the updated and/or amended Terms.
USE OF OUR SERVICES
4. You agree to use our Services for lawful purposes only and in a way that does not infringe the rights of or restrict or inhibit any person’s use of our Services and in compliance at all times with these Terms and with all laws and regulations that apply.
5. Use of Alectic Services is subject to you being responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and to the extent permitted by applicable law, you agree to accept responsibility for all activities that occur under your account or password.
6. Use of Alectic Services is subject to our members concealing their identity, by the use of a username, and should you divulge your Alectic identity to anyone then you do so at your own risk.
7. If you choose, or you are provided with, a user identification code, password or any other piece of information, as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Any personal information supplied to us as part of this registration process and/or other interaction with our Services will be collected, stored and used in accordance with our Privacy Policy. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
8. If you are under 16, you will need to obtain your parent’s or guardian’s permission before using our Services.
9. We make no representation that any of the content on our Services is appropriate or available for use in your country. You are responsible for ensuring that your use of our Services is in compliance with all applicable local laws and regulations.
INTELLECTUAL PROPERTY RIGHTS
10. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, podcasts, weblogs, RSS feeds, widgets, embeddable media players, software, interactive features, advertisements or other content, services or materials (or any part of them) accessible on our Services (Materials) are protected by copyright, trademarks, database rights and other intellectual property rights and are owned by or licensed to us or are otherwise used by us as permitted by applicable law or regulation. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise, any licence or right to use the Materials other than as permitted in these Terms.
11. Except as specifically permitted on our Services, you undertake not to copy, store in any medium (including on any other website), distribute, transmit, re-transmit, re-publish, broadcast, modify, or show in public any part of our Services without our prior written permission (and the prior written consent of the owner of the relevant intellectual property rights as and if applicable) in accordance with the Copyright, Designs and Patents Act 1988.
LICENCE AND ACCESS
12. Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, Alectic or its content providers grant you a non-transferable, non-sublicensable licence to access and make use of the Alectic Services.
13. The Alectic licence is subject to varying levels of usage according to the choice of service of which you subscribe.
14. Alectic reserve the right to limit the licence to create digital footprints to corporations, artists, auction houses, agents, events companies and manufacturers at our discretion.
15. The licence granted by Alectic will terminate if you do not comply with our Terms & Conditions.
CREATION OF DIGITAL FOOTPRINTS
16. The creation of digital footprints can only be applied to non-living items.
17. Alectic members who are authorised to create digital footprints should do so in a responsible manner. All listed digital footprints must be your own original work and/or you have all necessary licences, rights, consents and permissions to be authorised to list an item.
18. Alectic members must ensure that no listing is defamatory, obscene, indecent, pornographic or sexually explicit beyond the boundaries of artistic interpretation and Alectic reserve the right to determine what constitutes artistic interpretation.
19. Alectic members must ensure that no listing is harassing, threatening or offensive, incites racial, cultural or religious hatred, impersonates or appears to impersonate any other person, is in contempt of court, violates any law or regulation or encourages conduct that would amount to a criminal offence (including without limitation any conduct that would be considered an offence under the Terrorism Act 2006) or give rise to civil liability and/or is otherwise objectionable and/or an infringement of any UK or other applicable law or regulation.
TRANSFERENCE OF DIGITAL FOOTPRINTS
20. When transferring digital footprints, you agree to deliver both the digital footprint and any physical property which relates to the digital footprint to a new owner at all times.
REMOVAL OF MATERIALS
21. We are entitled at our discretion, but are not obliged, to review all digital footprints and where we believe that usage of the said footprint has been compromised, we reserve the right to remove the footprint and its history.
22. We reserve the right at our discretion at any time without liability and with or without prior notice to revoke your registration (where applicable) and right to access and/or use our Services to use any technological, legal, operational or other means available to enforce these Terms, including without limitation blocking specific IP addresses or deactivating your registration and/or user name and password (where applicable).
CRIMINAL BEHAVIOUR
23. We will report any criminal offence to the relevant authorities to investigate.
24. We reserve the right to use all information from all applications to Alectic in order to identify and prosecute offenders in the event of criminal behaviour.
25. You agree to reimburse us in full and any of our officers, directors, employees, agents, representatives, licensors, suppliers and operational service providers on demand in respect of any and all claims, actions, proceedings, demands, damages, losses, liabilities, costs and expenses suffered or reasonably incurred by us as a result of, or in connection with, your access to and use of our Services other than in accordance with these Terms or any applicable law or regulation
ADVERTISING
26. Parts of or all of Alectic Services may from time to time contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that any materials submitted for inclusion on our Services comply with relevant laws, regulations and codes and these Terms. We shall not be responsible for any error or inaccuracy in such advertising or sponsorship materials.
LIABILITY
27. You acknowledge that when using our Services you may be exposed to Materials from a variety of sources and that we are not responsible for the content, truth, accuracy, usefulness or safety of such Materials. We do not endorse any Contributions or any opinion, recommendation or advice expressed in any user Contribution and we disclaim any and all liability in connection with such user Contributions or other material.
28. We accept limited liability for a purchaser receiving a genuine article of a product which has an Alectic digital footprint and which transacts for under £250 providing that any such transaction has occurred between two premium registered members and that there is proof of postage and receipt. We don’t accept liability for the condition of the product and all liability ceases 24 hours after delivery.
29. For all items over £250, we only accept liability for the authenticity of goods which have Alectic digital footprints providing that the vendors and purchasers have conducted their transactions through a recognised and authorised third party affiliate company. A list of third parties affiliates and their level of authorisation can be found here. We take no responsibility for any charges or agreements made with third parties.
30. We only accept full liability for the authenticity of tickets which have Alectic digital footprints providing that the vendors and purchasers have conducted their transactions through a recognised and authorised third party affiliate company.
31. We shall not be responsible for any breach of these Terms caused by circumstances beyond our control.
WARRANTIES AND DISCLAIMER
32. Our Services are provided "AS IS" and on an "AS AVAILABLE" basis without any representation or endorsement of any kind. To the fullest extent permitted by applicable law, we disclaim all warranties, conditions and other Terms of any kind, express or implied, in connection with our Services and your use of our Services (including, without limitation, as to the satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy).
PRIVACY
33. We take your privacy very seriously and are registered under the Data Protection Act. Any personal information supplied by you as part of a registration process and/or other interaction with our Services will be collected, stored and used in accordance with our Privacy Policy. By using our Services you consent to such collection and processing and you promise that all data provided by you is accurate.
34. We are GDPR compliant.
35. Members who hold digital footprints have the right to withdraw their consent for us to store their details and digital footprints by ceasing their membership.
36. Should you withdraw your membership then all of your personal information and digital footprints will be erased, however, we retain the right to keep a record of any information relating to digital footprints which have been transferred to another Alectic member on the timeline of such items.
MEMBERSHIP FEE
37. All membership fees are payable upon the activation of an account and annual fees will be drawn from your registered account annually until membership is ceased. We will post a reminder to your registered email address before the withdrawal of any fee.
38. You are entitled to withdraw your membership at any time but the Alectic annual fee is non-refundable.
JURISDICTION
39. The Terms are governed by and construed in accordance with the laws of England and Wales.
DISPUTES
40. Any disputes arising from or related to our Services shall be subject to the jurisdiction of the courts of England and Wales.