Terms of Service

These Terms of Service (“Terms”) govern access to and use of the EKKA-XR website, platform, virtual exhibitions, marketplace features and related services.

By accessing or using EKKA-XR, you agree to these Terms. If you do not agree with these Terms, you should not use the platform.

1. About EKKA-XR

EKKA-XR is a digital platform designed to connect artists, galleries, collectors, cultural institutions and audiences through digital, online, virtual and immersive art experiences.

EKKA-XR may provide:

• Artist profiles
• Gallery profiles
• Artwork presentations
• Virtual exhibitions
• Immersive experiences
• Cultural and editorial content
• Communication tools
• Marketplace or transaction functionality
• Promotional services for artists and galleries

Specific services may vary over time.

2. Eligibility

You must have the legal capacity to enter into these Terms under the laws applicable to you.

Where a user is under the applicable age of majority, use of certain services may require authorization from a parent or legal guardian.

3. Accounts

Certain EKKA-XR features may require an account.

Users are responsible for:

• Providing accurate information
• Maintaining the confidentiality of login credentials
• Keeping account information updated
• Preventing unauthorized access to their account
• Not sharing credentials in an unauthorized manner

Users are responsible for activities carried out through their account unless unauthorized use results from circumstances outside their reasonable control.

4. Artists and Galleries

Artists and galleries may submit content for publication on EKKA-XR.

By submitting content, you represent that:

• You own or control the necessary rights;
• You have authorization to submit the content;
• The information provided is accurate to the best of your knowledge;
• The content does not knowingly infringe third-party rights;
• The content does not violate applicable law.

Artists and galleries remain responsible for the accuracy and legality of the information they provide.

5. Intellectual Property

EKKA-XR and its underlying technology, branding, interface, software, visual identity, design, logos, text and original platform content are protected by applicable intellectual-property laws.

Except where expressly permitted, users may not:

• Copy EKKA-XR’s proprietary content;
• Reproduce the platform;
• Reverse engineer the service;
• Scrape the platform in a manner that violates these Terms;
• Repackage or commercially exploit EKKA-XR content without authorization.

6. User-Submitted Content

Users retain ownership of intellectual-property rights in content they submit, unless otherwise agreed.

By submitting content to EKKA-XR, you grant EKKA-XR a non-exclusive, worldwide, royalty-free license to host, reproduce, display, distribute and technically adapt the content as reasonably necessary to operate, promote and provide the platform.

This license may include:

• Displaying artworks
• Creating thumbnails
• Optimizing images
• Presenting content within virtual exhibitions
• Promoting exhibitions and artists
• Displaying content across EKKA-XR digital channels

The license does not transfer ownership of the underlying artwork or intellectual property to EKKA-XR.

7. Copyright and Rights of Artists

Artists and galleries are responsible for ensuring that they possess the necessary rights to publish artworks, photographs, videos, texts and other materials.

If you believe that content displayed on EKKA-XR infringes your copyright or other intellectual-property rights, contact EKKA-XR with sufficient information to identify the disputed content and your rights.

EKKA-XR may remove or restrict access to content where appropriate.

8. Artwork Information

Descriptions, prices, availability, dimensions, dates and other information concerning artworks are generally provided by artists, galleries or other authorized contributors.

EKKA-XR does not guarantee that all information is complete, accurate or continuously up to date.

9. Sales and Transactions

Where EKKA-XR facilitates the sale of artworks or services, additional terms may apply to the specific transaction.

Depending on the transaction model, the seller may remain responsible for:

• Artwork authenticity
• Ownership
• Condition
• Shipping
• Taxes
• Customs
• Delivery
• Returns
• Refunds
• Other seller obligations

Any applicable transaction-specific terms will prevail where expressly stated.

10. Prices and Payments

Prices displayed on EKKA-XR may be provided by artists or galleries.

Prices may be subject to:

• Taxes
• Shipping costs
• Customs duties
• Payment-processing fees
• Currency conversion
• Other applicable charges

The final amount payable will depend on the applicable transaction terms.

11. Virtual and XR Experiences

EKKA-XR may provide virtual, augmented, extended-reality or immersive experiences.

The availability and performance of such experiences may depend on:

• Device capabilities
• Internet connection
• Browser compatibility
• Graphics performance
• VR/XR hardware
• Network conditions

EKKA-XR does not guarantee that every device will support every immersive feature.

Users should follow all safety instructions provided by their VR/XR hardware manufacturer.

12. Prohibited Activities

Users may not use EKKA-XR to:

• Violate applicable laws
• Infringe intellectual-property rights
• Upload malicious software
• Attempt unauthorized access
• Interfere with platform security
• Scrape or harvest information in an abusive manner
• Impersonate another person or organization
• Publish fraudulent information
• Upload unlawful or harmful content
• Circumvent technical restrictions
• Attack or disrupt EKKA-XR infrastructure

13. Content Moderation

EKKA-XR may review, restrict, suspend or remove content that:

• Violates these Terms
• Violates applicable law
• Infringes third-party rights
• Creates security risks
• Is fraudulent or misleading
• Is otherwise inappropriate for the platform

EKKA-XR is not required to monitor every piece of content continuously.

14. Third-Party Services

EKKA-XR may integrate third-party services, including:

• Payment providers
• Hosting providers
• Analytics services
• Social networks
• Authentication services
• Cloud services
• XR technologies

Third-party services may be governed by their own terms and policies.

EKKA-XR is not responsible for services outside its reasonable control.

15. Availability

We aim to keep EKKA-XR available and reliable, but we do not guarantee uninterrupted access.

The platform may occasionally be unavailable because of:

• Maintenance
• Updates
• Security incidents
• Technical failures
• Infrastructure problems
• Third-party service interruptions
• Events beyond our reasonable control

16. Disclaimer

To the maximum extent permitted by applicable law, EKKA-XR is provided on an “as available” basis.

We do not guarantee that:

• The platform will always be available;
• The platform will be error-free;
• All information will always be accurate;
• All artworks will remain available;
• Every XR experience will work on every device;
• Third-party services will remain available.

17. Limitation of Liability

To the maximum extent permitted by applicable law, EKKA-XR shall not be liable for indirect, incidental, consequential or special damages arising from use of the platform.

Nothing in these Terms excludes liability that cannot legally be excluded under applicable law.

18. Indemnification

Where permitted by law, users agree to indemnify and hold EKKA-XR harmless from claims, damages, losses or expenses arising from:

• Their violation of these Terms;
• Their unlawful use of the platform;
• Their submitted content;
• Their infringement of third-party rights.

19. Account Suspension or Termination

EKKA-XR may suspend or terminate accounts where reasonably necessary, including when a user:

• Violates these Terms;
• Engages in fraudulent activity;
• Creates security risks;
• Infringes intellectual-property rights;
• Uses the platform unlawfully.

Users may also request account closure.

Certain information may be retained where required by law or reasonably necessary for legitimate business purposes.

20. Changes to the Service

EKKA-XR may modify, improve, suspend or discontinue features of the platform.

Where appropriate, material changes may be communicated through the platform or other reasonable means.

21. Changes to These Terms

We may update these Terms periodically.

The updated version will become effective when published, unless otherwise specified.

Continued use of EKKA-XR after the effective date constitutes acceptance of the updated Terms, where permitted by applicable law.

22. Governing Law

These Terms shall be governed by the laws applicable to the legal entity operating EKKA-XR, unless otherwise required by applicable law.

The competent courts shall be determined according to the applicable legal framework and the parties’ contractual arrangements.

The exact governing law and jurisdiction should be inserted after confirmation of EKKA-XR’s registered legal entity and jurisdiction.

23. Contact

For questions concerning these Terms:

EKKA-XR
Website: https://ekka-xr.com/
Email: contact@ekka-xr.org

Operator: [INSERT LEGAL ENTITY NAME]
Registered address: [INSERT REGISTERED ADDRESS]
Registration number: [INSERT COMPANY REGISTRATION NUMBER]