Terms and Conditions | romulus.art

Romulus.art

Updated as of: May 20th, 2024

Welcome to Romulus.art (Romulus). These Terms of Service set forth the terms and conditions that apply to your access and use of our website (https://www.romulus.art), our mobile application(s) and other services (collectively, the “Site”) provided by Romulus (“Terms of Service” or “Terms”). Using Romulus in any way means that you agree to all of these Terms of Service, and these Terms of Service will remain in effect while you use Romulus. These Terms of Service include everything in this document, as well as those in the Privacy Policy and Member Agreement. If you don’t agree to all of the following, you may not use or access Romulus in any manner. Please review the following terms carefully. If you do not agree to these Terms, you may not access or use the Site.

THESE TERMS OF SERVICE CONTAIN A CLASS ACTION WAIVER, JURY WAIVER, AND AN AGREEMENT TO RESOLVE ANY DISPUTE THAT MAY ARISE BY ARBITRATION.

The terms “Romulus” or “us” or “we” or “our” refer to Romulus Technologies, Inc. and it’s subsidiaries and affiliates (collectively “Romulus”) the owner of the Site. The terms “you” or “your” refer to the user or viewer of the Site.

Account Security. To use the Site you must (i) be at least eighteen (18) years of age; (ii) have not previously been suspended or removed from the Site; and (iii) use the Site in compliance with any and all applicable laws and regulations. If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

Prohibited Conduct. You agree not to: (a) use the Site for any illegal purpose, or in violation of any local, state, national, or international law; (b) violate or encourage others to violate the rights of third parties, including intellectual property rights; © post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate; (d) interfere in any way with security-related features of the Site; (e) interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent; (f) access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without Romulus’s express written permission; (g) perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or (h) sell or otherwise transfer the access granted herein.

Third Party Content. The Site may contain links to third party websites and services. Romulus provides such links as a convenience and does not control or endorse these websites and services. You acknowledge and agree that Romulus has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.

Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to Romulus through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to Romulus, except third-party trademarks or service marks, which are the property of their respective owners. The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by these Terms of Service below, is strictly prohibited. You do not acquire ownership rights to any content or other materials viewed through the Site. The postings of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the Site is the copyrighted work of third parties. Romulus’s name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Romulus or its affiliates or licensors. You must not use such marks without the prior written permission of Romulus. All other names, logos, product and service names, designs, and slogans on the Site, or are the trademarks of their respective owners.

Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless Romulus from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. Romulus reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.

Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, Romulus in its sole discretion may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Site at any time, with or without notice to you. You may terminate your account at any time by contacting Romulus at info@romulus.art. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but Romulus may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.

Modification of the Terms. Romulus reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Site following notice will be deemed acceptance of any modifications to the Terms.

Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although Romulus seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. Romulus specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. Romulus does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.

Limitation of Liability. In no event will Romulus be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not Romulus has been informed of the possibility of such damage. Some states and countries prohibit or limit the disclaimer of some warranties and/or the waiver, exclusion or limitation of certain damages, so some of such clauses in these Terms may not apply to you. In any case where any disclaimer of warranties, and/or waiver, exclusions or limitation of damages is prohibited by law, (a) we grant you only the minimum express or implied warranty that such applicable law requires, which will extend for the minimum duration such law requires, and (b) to the maximum extent permitted by law, our liability to you for any damages arising from or related to the Site or these Terms, will at all times be limited to an aggregate, maximum amount of one-hundred U.S. dollars ($100). The existence of more than one claim will not enlarge this limit. You agree that our Affiliates will have no liability to you of any kind arising from or relating to these Terms.

Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles.

Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

Dispute Resolution by Binding Arbitration, Jury Waive and Class Action Waiver. In the interest of resolving disputes between you and Romulus in the most expedient and cost effective manner, you and Romulus agree to resolve disputes through binding arbitration and administered by JAMS in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered into any court having jurisdiction thereof (“Agreement to Arbitrate”). The arbitration shall be conducted in New York, New York, unless otherwise agreed by the Parties in writing. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.

General.

Entire Agreement. This Agreement, together with all the other agreements and policies referenced herein, including without limitation the Privacy Policy, shall constitute the complete agreement between the Parties with respect to the subject matter hereof, and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. This Agreement may not be amended, modified, supplemented or rescinded unless agreed to in writing by Romulus.
Right to Modify. Romulus may unilaterally, at its sole discretion, change, add, or delete portions of these Terms at any time on a going-forward basis. Continued use of the Site following any such changes will indicate User’s acknowledgement of such changes and agreement to be bound by the revised Terms and Conditions, inclusive of such changes. Additionally, Romulus reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that neither Romulus Technologies, Inc., any affiliate or subsidiary thereof, nor any of their respective shareholders, members, directors, managers, officers, employees, independent contractors or agents, will be liable to you or any third party for any modification, suspension or discontinuance of the Site or any portion thereof.
Privacy. Your use of the Site is subject to Romulus’s Privacy Policy. Please review the Privacy Policy so you understand what information Romulus collects through the Site, how Romulus uses it, how Romulus secures it, and how Romulus may share it.
Entire Agreement.This Agreement, together with all the other agreements and policies referenced herein, including without limitation the Privacy Policy, shall constitute the complete agreement between the Parties with respect to the subject matter hereof, and supersedes all previous agreements or representations, written or oral, with respect to the subject matter hereof. This Agreement may not be amended, modified, supplemented or rescinded unless agreed to in writing by Romulus.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.

Contact Information. Please contact us with any questions or comments about these Terms of Service, your personal information, our use and disclosure practices, or your consent choices by e-mail at info@romulus.art or by U.S. postal service at: 55 Broadway #323 New York NY 10006