TV Terms


Saatchi Art on TV Terms and Conditions of Use

Last Updated: April 1, 2024

You are entering into a binding agreement. These terms and conditions (the “Terms”) are a binding agreement between you and Saatchi Online, Inc. (“Saatchi Art” or “us”). These Terms govern your use of the Saatchi Art on TV application (including all related documentation, the “App”). Your use of the App and, as applicable, the Saatchi Art website (the “Site”) is also governed by the Saatchi Art Terms of Service (including any other terms, conditions, or policies linked to therein and herein), the Saatchi Art Privacy Policy, and all other rules, policies, procedures relating to Saatchi Art’s services that we may publish from time to time. In case of a conflict between these Terms and any of the abovementioned terms, conditions or policies, these Terms will govern with respect to your use of the App.

All defined terms not otherwise defined herein have the meaning ascribed to them in the Saatchi Art Terms of Service.

These headings are for convenience only. The bold headings in these Terms are for convenience only. The language that follows them is what’s binding and controlling.

Acceptance of these Terms

BY INSTALLING THE APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS (INCLUDING BUT NOT LIMITED TO THE SAATCHI ART TERMS OF SERVICE, THE SAATCHI ART PRIVACY POLICY AND OUR USE OF COOKIES); (B) REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE; AND (C) ACCEPT THESE TERMS AND AGREE THAT YOU ARE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO INSTALL, ACCESS OR USE THE APP.

IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND, IN SUCH EVENT, “YOU” AND “YOUR” WILL ALSO REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

1. License Grant

Subject to these Terms, we grant you a limited, non-exclusive and nontransferable license to:


    1. download, install and use the App for your personal, non-commercial use on a single device owned or otherwise controlled by you (“User Device”) strictly in accordance with the App’s documentation; and

 

  1. access, stream, download and use on such User Devise the content and services made available in or otherwise accessible through the App strictly in accordance with these Terms.

2. License Restriction

You agree that you will not use the App for any illegal or unauthorized purpose. When you use the App, you must comply with all applicable US laws and with any applicable international laws, including the local laws in your country of residence (collectively “Applicable Laws”). You also agree that you will not:

  1. copy the App, except as expressly permitted by this license;
  2. modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the App;
  3. reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App or any part thereof;
  4. remove, delete, alter or obscure any trademarks, service marks, logos or copyright or any intellectual property or proprietary rights notices from the App, including any copy thereof;
  5. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the App or any features or functionality of the App, to any third party for any reason, including by making the App available on a network, where it is capable or being accessed by more than one device at any time;
  6. use any robot, spider, or other automatic device, process, or means to access the App for any purposes, including monitoring or copying any of the material on the App;
  7. use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in this Agreement, without Saatchi Art’s prior written consent;
  8. frame, mirror, or otherwise incorporate the App or any portion of the App as part of any other application, website, or service;
  9. use the App in any manner that could disable, overburden, damage or impair the App or interfere with any other party’s use of the App; or
  10. remove, disable, circumvent or otherwise create or implement any workaround to any copy, protection, rights management or security features in or protecting the App.

3. Reservation of Rights

You acknowledge and agree that the App is provided under license, and not sold, to you. You do not acquire any ownership interest in the App under these Terms, or any other rights thereto other than to the use of the App in accordance with the license granted, and subject to all terms, conditions, and restrictions under these Terms. We reserve and retain our entire right, title, and interest in and to the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.


4. Account Registration

To access the Standard Account & Premium Subscriber Plan features on the App, you will need to create a Saatchi Art Account and follow instructions to upgrade or manage your account.. You are responsible for providing accurate information, including, if applicable, payment information. Information on the features, pricing and plan terms can be found at https://www.saatchiart.com/tv.

 

5. Billing

If you choose to subscribe to a paid Premium Subscriber account you may purchase your subscription directly from Saatchi Art. Please note that the prices charged may vary depending on your location. Tax rates are calculated based on the information you provide and the applicable rate at the time of your monthly charge.


6. Price and Tax Changes

We may from time to time make changes to the Premium Subscription including recurring subscription fees and will communicate any price changes to you in advance. Price changes will take effect at the start of the next subscription period following the date of the price change and, by continuing to use the selected Premium Subscription after the price change takes effect, you will have accepted the new price. If you do not agree to a price change, you can reject the change by canceling your Premium Subscription prior to the price change going into effect.

Tax rates are based on the rates applicable at the time of your month charge. These amounts can change over time with local tax requirements in your state, territory, county, or city. Any change in tax rate will automatically be applied based on the account information you provide.


7. Renewal and Cancellation

Your payment to Saatchi Art will automatically renew each month until you cancel. You can cancel at any time within your Saatchi Art account. Click Here for instructions on how to cancel. The cancellation will take effect the day after the last day of the current subscription period, after which you will be downgraded to the Standard Account plan. Payments are non-refundable and Saatchi Art does not provide refunds or credits for any partial-membership periods.

UNLESS YOU CANCEL BEFORE A CHARGE, YOU UNDERSTAND THAT YOUR SUBSCRIPTION IN YOUR SELECTED PREMIUM SUBSCRIBER PLAN WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE SAATCHI ART (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE PREMIUM PLAN FEE AND ANY TAXES, USING THE PAYMENT INFORMATION THAT SAATCHI ART’S PAYMENT PROCESSOR HAS ON RECORD.


8. Promotional Offers

Saatchi Art may sometimes offer free trials or other various promotional offers, which are subject to these Terms except as otherwise stated in the promotional offer. At the end of the applicable promotional offer accounts will renew at the then current full priced rate for the selected Premium Subscriber Plan.


9. Collection and Use of Your Information

You acknowledge that when you download, install, or use the App, Saatchi Art may use automatic means (including, for example, cookies) to collect information about your User Device and about your use of the App. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the App or certain of its features or functionality. All information we collect through or in connection with this App is subject to the Saatchi Art Privacy Policy. By downloading, installing, using, and providing information to or through this App, you consent to all actions taken by us with respect to your information in compliance with the Saatchi Art Privacy Policy.


10. Geographic Restrictions

The App is provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the content and services on the App outside of the United States and that access thereto may not be legal by certain persons in certain countries. If you access the App from outside the United states, you are responsible for compliance with local laws.


11. Updates

Saatchi Art may from time to time in its sole discretion develop and provide App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Saatchi Art has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your User Device settings, when your User Device is connected to the internet either:
  1. the App will automatically download and install all available Updates; or
  2. you may receive notice of or be prompted to download and install available Updates.

You shall promptly download and install all Updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the App and be subject to these Terms.


12. Modification to these Terms

We reserve the right, in our sole discretion, to modify, discontinue or terminate the App or to modify these Terms, at any time and without prior notice. If we modify these Terms, we will post the modification or provide you with notice of the modification. We will also update the “Last Updated Date”. By continuing to access or use the App after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the App. We encourage you to check back regularly to review these Terms.


13. Modifications to the Services

We reserve the right, in our sole discretion, to change, modify or discontinue, and restrict or block access to, the App without notice to you. We may modify or remove any content from the App at any time without notice to you, including the removal of any works of art or content.

Occasionally, there may be information on the App that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any such information on the App is inaccurate at any time without prior notice. We undertake no obligation to update, amend or clarify information in the App, except as required by applicable local, state, federal or international laws, regulations, or statutes. No specified update or refresh date applied to the App should be taken to indicate that all information on the App has been modified or updated.


14. Third-Party Materials

The App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Saatchi Art is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Saatchi Art does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.


15. Term and Termination

  1. The term of Agreement commences when you download the App acknowledge your acceptance of these Terms and will continue in effect until terminated by you or Saatchi Art as set forth as follows:
    • You may terminate this Agreement by deleting the App and all copies thereof from your User Device.
    • Saatchi Art may terminate this Agreement at any time without notice if it ceases to support the App, which Saatchi Art may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of these Terms.
  2. Upon termination:
    • all rights granted to you under these Terms will also terminate; and
    • you must cease all use of the App and delete all copies of the App from your User Device and account.
  3. Termination will not limit any of Saatchi Art’s rights or remedies at law or in equity.

16. Disclaimer of Warranties

THE APP IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SAATCHI ART, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, SAATCHI ART PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.


17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SAATCHI ART OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP OR ANY CONTENT OR SERVICES FOR:

  1. PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
  2. DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APP.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR SAATCHI ART WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.


18. Indemnification

You agree to indemnify, defend, and hold harmless Saatchi Art and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the App or your breach of these Terms, including but not limited to any content you submit or make available through this App.


19. General

These Terms (as amended from time to time) constitute the entire agreement between you and Saatchi Art concerning your use of the App.

If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.

Saatchi Art’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Saatchi Art in writing.

If you experience a technical problem when downloading, installing or using the App please contact us at support@saatchiart.com.