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1. Subject Matter of the Terms
Subject to these Terms, by accepting these Terms of the Stive.asia (the “Site”), you become a user (the “User”) of the Site, and the Site shall provide you with your chosen services, websites, and applications (the “Service”).
Your access to and use of the Site and the Service is conditioned on your acceptance of and compliance with these Terms.
By subscribing to any Service on the Site, You will have the option to accept the Terms. Your subscription shall not be confirmed until you accept the Terms. By using Stripe to handle payments you also agree to Stripe Restricted Businesses Policy. By using iPay88 to handle payments you also agree to iPay88 Restricted Business Policy.
2. Definitions
“Goods” – the goods, services, and any other products of the User to be purchased and/or delivered through the Site in accordance with these Terms.
“User Website” – the website of the User, where the Goods are disposed, advertised and where sale/purchase or other agreements are entered into between the User and the End Customer.
“Customer” – the end-customer - purchaser or recipient of the Goods.
“Intellectual Property” – shall be any works, creations, inventions, designs, know-how, computer programs, software, source codes, documents, products, processes, materials, brands, trademarks, images, and any other similar non-material assets, and any part thereof, distributed by the User.“Intellectual Property Rights” – shall mean patents, rights to inventions, copyright and related rights, trademarks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or non-registered and including all applications (and rights to apply for such rights as mentioned under this paragraph), and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any part of the world that can in any way be related to what is offered by the User.
3. Obligations, Warranties and Representations
Stive has the right to terminate your account without notice at any time if any representation or warranty specified hereinafter is untrue in any respect.
By accepting the Terms, the User warrants and represents the following:
The User shall be the sole User of the Site, you shall maintain all logins and usernames confidential. Should any third person use your login and username, You shall be liable for any actions of such third person.
You are at least eighteen (18) years old, unless the law applicable to You establishes other age of majority.
The User has the legal capacity and authority to:
The User shall not use the Site for any purpose and in any way that is illegal in accordance with the law applicable to these Terms and your home law or prohibited by these Terms.
All information supplied by You is true and accurate, including information submitted as part of the registration and subscription process.
The User has the right to legally advertise, sell or otherwise distribute any and all your Goods, including, but not limited to, the Goods distributed on your Website or otherwise;
You and/or the legal entity represented by, have created and/or have obtained all licenses, permissions, agreements, and other consents from the authors, inventors, and any other holders of Intellectual Property Rights to the Goods or any part thereof;
All sales and advertisements will be in compliance with applicable legal requirements, including, but not limited to, your products and services, and any your actions:
Without limiting the foregoing, the User is prohibited to disseminate and distribute any of the following:
Any personal information, following which a natural person can be identified, shall be collected, used, or stored, in accordance with the Privacy Policy of Stive and in accordance with the applicable legal provisions.
For any issues concerning the legitimacy of the Goods, the applicable legal provisions shall apply, and the User shall cooperate and put all reasonable efforts, present responses and any assistance to Stive, in case of any investigation of the legitimacy of the Goods.
The User agrees that any Goods might be removed from the Site by Stive at any time at its own discretion in accordance with applicable legal provisions.
When End Users make a purchase of Your Digital Content through your hosted checkout page, they will be presented with the End User Licence agreement which they must agree to before Your Digital Content is delivered to them. The terms of the licence are limited, non-transferable, non-exclusive, non-sublicensable, royalty-free and will require End Users to comply with all applicable laws when using Your Digital Content, state that it is being provided solely for their own personal (i.e. non-commercial) use and prohibit the reproduction or distribution of Your Digital Content.
4. Fees and Payments
By signing up on the Site, selling the Goods via Stive, and using the Service, the User herein agrees to pay the service Fees set on the Stive pricing page https://www.stive.asia/pricing as well as other fees for services provided by Stive.
Stive may unilaterally change the Fees from time to time. The User shall be notified of any such change and the date of entering into force in advance, before the reasonable term of time. Should the User do not agree with the new Fee, he/she may immediately terminate the User account in the Site. If the User continues using the Site after the date of the amended Fee’s entering into force, it is deemed that the User has agreed and accepted the amended Fee.
Upon non-payment, Stive may re-attempt to collect the Fees due up to 3 times before suspending or terminating the User account.
In case of not being able to collect the Fee, Stive will terminate the User account and delete the user data and content except for information that is needed to be held to comply with tax and legal regulations.
All fees and payments to Stive are non-refundable.
5. Taxes
Fees listed by Stive exclude all applicable taxes and government charges and the User is responsible for payment of all such taxes on top of our listed fees on the Stive pricing page.
You are solely responsible for determining, collecting, reporting, and paying any and all applicable taxes, including but not limited to sales tax, goods and services tax (“GST”), value-added tax (“VAT”), excise, premium, import, export, consumption, and other applicable fees for goods and services that You offer for sale on your website.
6. Miscellaneous
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material, e.g. the amendment of the Fee, we shall notify the User via email associated with the User’s Stive account in advance, before a reasonable term of time. By continuing to access or use the Service after those revisions become effective, the User agrees to be bound by the revised Terms.
If any provision of these Terms is/becomes invalid in accordance with the applicable mandatory legal provisions, this shall not cause invalidity of this contract and the entire Terms, and Stive shall immediately, after having discovered such incompliance, replace the void provision with the valid one. If you have questions about these Terms or the Service, please contact us at arc.artist.community@gmail.com
Essential Information
ARC (www.stive.asia) is one of the websites being operated by the relevant entity within ARC GLOBAL ARTISTS SDN BHD which comprises of various legal entities throughout the world. ARC GLOBAL ARTISTS SDN BHD acting as data controller for the processing of your Personal Data will depend on how you interact with the Website where you are located and on the entity that have a relationship with you, as the case may be. The relevant ARC GLOBAL ARTISTS SDN BHD entities are referred to as “ARC”, “Our”, “We” or “Us” in this privacy policy. For any general queries you may contact Us at: arc.artist.community@gmail.com.What does this Privacy Policy covers?
This privacy policy generally describes, inter alia, the Personal Data We may collect from you, the processing of such Personal Data and your rights in relation thereto.Information We may collect from you
The term Personal Data refers to the data you provide to Us through the Website and may vary depending on the type of relationship you have with Us. Personal Data include:Browsing data
The information systems and software procedures used to operate this Website acquire personal data as part of their standard functioning. The transmission of such data is an inherent feature of Internet communication protocols. This data category includes, among other things, the IP addresses and/or the domain names of the computers and terminal equipment used by any user, the location of the devices, the URI/URL (Uniform Resource Identifier/Locator) addresses of the requested resources, the time of such requests, the method used for submitting a given request to the server, returned file size, a numerical code relating to server response status (successfully performed, error, etc.) and other parameters related to the users’ operating system and computer environment.Registration profile
If you decide to create an account on the Website, you may be required to provide Us your Personal Data such as name, username, e-mail address and billing address with the submission of the registration form. You may also include additional Personal Data such as surname, address, telephone number and date of birth. If you decide to create an account through your existing profile in a social network (e.g., Facebook), you may be required to share Personal Data such as information of your public profile, (including name, surname and image) and e-mail address.Financial information and billing details
If you purchase or subscribe any of Our products and/or services, you will also be required to provide Us Personal Data related to payments and billing, including name, surname, address, zip code, telephone number, e-mail address, billing address, as well as credit card details, or Paypal account or bank details. We do not store credit card details or PayPal account or bank details. Upon the completion of the purchase or subscribe of Our products and/or services, We collect transaction details from the payment gateway provider only.Details under the “Contact Us” section
When you contact Us through the Website, you may be required to provide Us your Personal Data such as name, e-mail address and, at your own discretion, other information you decide to share with Us, that We may collect from you.Recruitment
If you submit information about you via the career section of Our Website or apply for a position, We will collect and process the information which you have submitted for considering your application and all other recruitment purposes.Cookies
We use cookies and similar technologies or tools to collect information about your activities on Our Website, including to use social media features or services on Our Website which may enable you to connect with Our social media page or share any promotional activities with your friends and social networks. Detailed information on the cookies We use and the purpose for which We use them are set out in Our Cookie Policy (https://www.stive.asia/cookie.php).Information We may share and data recipients
Your Personal Data are processed by Our personnel and, if necessary or functional to fulfilling the purposes indicated above, your Personal Data may be processed by third parties that may be appointed by Us as data processors. The categories of recipients to whom your Personal Data may be disclosed are the following:Retention of your Personal Data
Data are retained as long as necessary for the performance of the services provided by the Website and to comply with legal obligations (including, auditing or taxation purposes), to meet regulatory requirements, resolve disputes, maintain security, and/or to prevent frauds and abuse. In relation to Personal Data of your profile, We will retain the same as long as your account with Us is still active. If you choose to close the account or if your account is closed, We will delete your Personal Data and information within 30 days. This is without prejudice to Our right to retain the information (such as username and transaction details) to comply with legal obligations, prevent frauds and protect its legal interest. In case you have given your consent for marketing activities, your Personal Data will be retained for a reasonable period or not more than 2 years after each collection.Security
We treat the security for all information submitted or provided by you to Us seriously and is of importance to Us. We will take reasonable steps to protect or secure this data, including Personal Data. Accordingly, We may require Our employees or third-party service providers to assist Us in implementing or applying appropriate securities measures (such as firewalls, penetration testing and etc). You are also advised not to disclose and secure your own user name and password.Your Rights
You have the right to obtain from Us confirmation whether your Personal Data are being processed by Us, and, in said circumstances, you have the right to request access to and rectification or erasure of the same or restriction of processing, and to object to the processing at any time, as well as under certain circumstances the right to data portability. With respect to the data portability, you have the right to receive your Personal Data in a structured, commonly used and machine-readable format and to request the transmission of said data. If you have subscribed to or opted-in to receive Our marketing communications you can opt-out at any time, free of charge, requesting that your Personal Data not be used for marketing purposes. You may exercise any of the above rights by contacting Us at arc.artist.community@gmail.comLinks to Third Party Website(s)
Our Website or any products/services being rendered to you may contain links to other websites that are not operated by Us and whose privacy practices may differ from Us. If you click on a third-party link, you may be directed to the third-party website. Any submission of your Personal Data to any of those third-party websites will be governed by the relevant third-parties’ privacy policies. We have no control and shall not assume any responsibilities howsoever arising thereof and We strongly advise you to carefully read the privacy policies prior to the disclosing of any information.Advertising
We may, from time to time, partner with a third party to display Our’s or third party’s advertisement(s) on Our Website or engaging third party to manage Our advertising on Our Website. For more detailed information, please refer to Our Cookie Policy (https://www.stive.asia/cookie.php).Mobile Applications or Mobile Website
We may provide Our products or services to you via our mobile applications or mobile website that is designed to be used on mobile computing devices (the “Applications”). You may be required to log in to Our mobile applications or mobile website with your user name and password in order to allow you to associate with the user account you have created on Our Website. The processing of Personal Data information therein will also be governed in accordance with this Privacy Policy and Our Cookie Policy.Contact Us
If you: (i) have any questions, queries, inquiries or comments on Our Privacy Policy; (ii) have any concerns about how We process your Personal Data; (iii) would like to opt out of direct marketing activities; (iv) would like Us to update information or preferences you have provided to Us; or (v) have any other issues relating to this privacy policy, you may get in touch with us at arc.artist.community@gmail.com. In the event you have any complaints you may also contact Us at arc.artist.community@gmail.com.Changes to this Privacy Policy
We will keep this Privacy Policy under regular review and We may update this Privacy Policy from time to time. The updated version shall apply and supersede all previous versions. Hence, it is advisable that you check this Privacy Policy on a regular basis.