Terms of
Service

Agreement to terms

These Terms of Service (the “Terms”) constitute a legally binding agreement between you (“you”) and Vantage Software Pty Ltd (ACN 695 152 231) (the “Company”, “we”, “us” or “our”) governing your access to and use of RIGHTEOUS in each of its forms — the website, the iPhone and iPad applications, and the Apple TV application (collectively, the “Services”). By accessing or using the Services, you acknowledge that you have read, understood and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not access or use the Services.

Definitions

“Content” means all material made available through the Services, including text, photography, illustration, layout and design. “User Content” means material you create or submit, including folios and notes. “Applicable Consumer Law” means any law for the protection of consumers that applies to you and cannot lawfully be excluded, including the Australian Consumer Law.

Eligibility

You represent and warrant that you are at least 16 years of age (or the age of digital consent in your jurisdiction, if higher) and have the legal capacity to enter into these Terms. If you use the Services on behalf of an entity, you represent that you are authorised to bind that entity, in which case “you” refers to that entity.

Accounts

• You are responsible for providing accurate information and keeping it current.
• You are responsible for safeguarding your credentials and for all activity occurring under your account, and must notify us promptly at [email protected] of any unauthorised use.
• Certain accounts may be shared with RIGHTEOUS staff (Studio) credentials and are additionally subject to any applicable internal policies.
• You may close your account at any time. We may suspend or terminate accounts in accordance with clause 15.

The Services & Content

RIGHTEOUS is an editorial publication concerning material culture across art, architecture, design and fashion. We may, in our discretion, add to, modify, suspend or discontinue any part of the Services or Content at any time. Articles are versioned and may be revised following publication. We do not warrant that any Content is current, complete or free from error.

Intellectual property

The Content, and the intellectual property rights in the Services — including the RIGHTEOUS name, marks and trade dress — are owned by or licensed to the Company and its contributors. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Services and Content.

We take a relaxed view of how our work travels: read it, quote it, reference it, pass it around. What you may not do, without our consent, is hold our Content or marks out as your own, present altered Content as ours, or exploit the Content commercially or at scale. Nothing in this clause limits any right you have under Applicable Consumer Law or under copyright exceptions such as fair dealing or fair use.

Your content

You retain ownership of your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce and display your User Content solely for the purpose of operating and providing the Services and, where you elect to make a folio public, to display that folio and its contents to others via a shareable link. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third-party right or violate any law. We may remove User Content that, in our reasonable opinion, breaches these Terms.

Acceptable use

You must not, and must not permit any third party to:

• access, scrape, crawl, harvest or index the Services or our API by automated means except as we expressly authorise;
• attempt to gain unauthorised access to any account, system or data, or interfere with or compromise the integrity, security or performance of the Services;
• misuse, overload or circumvent our API, rate limits or security measures, or use credentials not issued to you;
• reverse engineer, decompile or disassemble any part of the Services, except to the extent such restriction is prohibited by law;
• use the Services to infringe the rights of others, or for any unlawful, harmful, deceptive or fraudulent purpose.

The apps & the Apple App Store

Our iOS, iPadOS and tvOS applications are licensed, not sold, and your use is additionally subject to Apple’s Licensed Application End User License Agreement (the “Apple EULA”). To the extent of any conflict between these Terms and the Apple EULA in respect of the licensed application, the Apple EULA prevails. You acknowledge and agree that:

• these Terms are concluded between you and the Company only, and not with Apple; the Company, not Apple, is solely responsible for the applications and their Content;
• Apple has no obligation to furnish any maintenance or support services in respect of the applications;
• Apple is not responsible for addressing any claims relating to the applications, including product-liability, regulatory or intellectual-property claims; and
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

The applications are presently provided free of charge. Should we introduce paid features or subscriptions, supplementary terms will be presented to, and must be accepted by, you prior to any purchase.

Privacy

Our collection and handling of Personal Information is governed by our Privacy Policy, which is incorporated into and forms part of these Terms.

Consumer guarantees

Nothing in these Terms excludes, restricts or modifies any guarantee, warranty, right or remedy conferred on you by Applicable Consumer Law that cannot lawfully be excluded, restricted or modified, including the consumer guarantees under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)). Where your rights under such law cannot be excluded but our liability may be limited, our liability is limited as set out in clause 12.

Disclaimers

Subject to clause 10, and to the maximum extent permitted by applicable law, the Services and Content are provided “as is” and “as available”, without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Services will be uninterrupted, secure, timely or error-free.

Limitation of liability

Subject to clause 10, and to the maximum extent permitted by applicable law: (a) in no event will the Company, its directors, employees or suppliers be liable for any indirect, incidental, special, consequential, exemplary or punitive loss, or for any loss of profits, revenue, data, goodwill or anticipated savings, however arising, whether in contract, tort (including negligence) or otherwise, even if advised of the possibility of such loss; and (b) our total aggregate liability arising out of or in connection with the Services or these Terms will not exceed the greater of the amount you paid us (if any) for the Services in the twelve months preceding the claim, or AUD 100. Where our liability cannot be excluded but can be limited, it is limited, at our option, to re-supplying the relevant Services or paying the cost of having them re-supplied.

Indemnity

To the maximum extent permitted by applicable law, you agree to indemnify and hold harmless the Company and its officers, employees and agents from and against any claims, liabilities, damages, losses and reasonable expenses (including legal costs) arising out of or in connection with your User Content, your use of the Services in breach of these Terms, or your violation of any law or third-party right.

Third-party services

The Services rely on, and may link to, third-party services (including Apple, Cloudflare and others). We are not responsible for, and make no warranty in respect of, any third-party service, and your use of such services may be subject to their own terms.

Suspension & termination

We may suspend or terminate your access to the Services, or remove Content, with or without notice, where you breach these Terms or where reasonably necessary to protect the Services, other users or any person. You may cease using the Services and delete your account at any time. Clauses which by their nature are intended to survive termination — including clauses 05, 06, 10–13 and 16 — will survive.

Governing law & jurisdiction

These Terms are governed by the laws in force in New South Wales, Australia, and you and we submit to the non-exclusive jurisdiction of the courts of that State and the courts of the Commonwealth of Australia. Nothing in this clause deprives you of the protection of any mandatory consumer-protection provisions of the law of the country in which you reside. If you access the Services from outside Australia, you do so on your own initiative and are responsible for compliance with applicable local laws.

General

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements. If any provision is held invalid or unenforceable, it will be severed and the remaining provisions will continue in full force. Our failure to enforce any provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets. We will not be liable for any failure or delay in performance to the extent caused by events beyond our reasonable control. Notices to you may be given via the Services or to the email associated with your account; notices to us must be sent to [email protected]. We may revise these Terms from time to time; material changes will be indicated by the “Effective” date and version above, and your continued use after the effective date constitutes acceptance.

Contact

Vantage Software Pty Ltd
Sydney, New South Wales, Australia
[email protected]