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Terms and Conditions

Table of contents

Recap: By using Baroque, you agree to these terms.

The following clauses constitute the terms of use of the Baroque platform.

"We", "us", "our" refer to Baroque and its subsidiaries.

"You", "your", "yours" refer to all types of users of the Baroque platform.

"Baroque" refers to this platform and its services.

By using Baroque, you signify your consent to these terms and other policies established by the platform.

Your Account

Recap: Only users over 12 years old are allowed to create Baroque accounts. Your account is your responsibility.

We do not allow users under 12 years old.

By creating a Baroque account, you agree to provide accurate personal information and keep it updated in case of changes. You are liable for any infringements and unauthorized actions undertaken through your account. You are responsible for the security of your Baroque account.

If you believe your account is compromised, reach out to us immediately.

Abusive Conduct

Recap: Do not violate our policies and remain a reliable community member.

Any activity undertaken through your account is your responsibility. Do not break regional or international laws, remain respectable and tolerant, avoid abusing our platform, applications, and community. These terms cover the majority of possible issues. However, we will act accordingly if you find and attempt new ways of hurting Baroque and our community.

Being a Baroque Creator

Recap: Baroque creators sign up for accounts to exhibit and/or sell their digital art to Baroque visitors. Before creating an account, familiarize yourself with the following rules, payment and fee details.

Baroque's mission is to develop an international creator community and help promote and share their content via AR exhibitions. To build a strong community, we pay close attention to every new member. We screen creator applications before approving them, so we ask you to provide detailed information about your career and portfolio to help us decide if your content fits our community values. In case your application is not approved, you will receive an email detailing the reasons for the rejection. You can apply for a creator account again after you address the causes of the prior application rejection.

Fill in the form to sign up for a creator account at https://creator.thebaroque.app. Once your application is approved, you become a member of the Baroque community and get access to creator tools, including but not limited to the AR exhibition design tool for demonstrating and selling your creations.

Payments

Recap: You can make money by selling tickets to your AR exhibits, prints, or digital copies of your creations. To make your life easier, familiarize yourself with the ways Baroque handles payment processing, taxation, chargebacks, and dispute resolution.

The funds you earn by selling prints or digital copies of your creations or exhibition tickets are transferred to your account expediently. Still, you may experience some delays if we suspect fraudulent activity by a creator or a visitor. In the event of suspending or blocking your payment, we will deliver an email notification detailing our reasoning. You can learn more about the payment issues by contacting our support team.

Chargebacks and refunds may result in a negative balance. Baroque retains the right to recover the funds through future payments.

To comply with the payment processing rules, creators of mature (18+) content must upload the consent form and verification that every person depicted in the creation is of age. To learn more about the 18+ content requirements, visit our Help Center.

Fees

Baroque membership comes with two payment fees: the platform fee of 10% of each ticket sold and a 30% payment processing fee awarded to Apple or Google.

Taxation

Recap: Baroque collects and manages applicable transaction taxes for creators and visitors according to the residence info you provide. The taxation amount may vary depending on your location.

Creators are liable for reporting any income they raise due to using the Baroque platform. We collect and report tax identification information according to applicable legislation. Visit our Tax Help Center to learn more.

Baroque is also liable for processing transactional taxes, including but not limited to VAT, GST, states sales tax, and others. Creators build a supply of electronically-supplied services and supply them to Baroque, and Baroque supplies them to visitors. Visit our VAT guide to learn more about transaction taxation.

Creators can access the transaction taxation information on the earning details page and are liable for providing accurate and relevant information related to benefits and income derived to the taxing authorities.

Visitor pledges liable to transaction taxes will reflect the amount of the pledge and the applicable tax. The tax will be added to the amount of the pledge and will be remitted to the applicable taxing authority after the pledge is settled.

Restrictions

Creations violating the Baroque Terms of Use and Policies are not allowed. The major restrictions not allowed on Baroque include but are not limited to

Visit our Community Guidelines and Benefit Guidelines for more details.

We are not obligated to allow particular persons or groups to be visitors.

Creator Account Termination

If you breach these Terms of Use, we reserve the right to suspend or terminate your Baroque account. You will receive an email detailing the reasons for account suspension or termination. For further details, contact our support team via [email protected].

Being a Baroque Visitor

Recap: Baroque visitors can purchase tickets and attend AR exhibitions to learn more about modern art and follow their favorite creators and get to know new ones. Original works, digital copies, and prints are also available for purchase.

To visit free Baroque AR exhibitions, download a mobile app and create a free account. To get access to paid exhibitions, choose one of the three membership bundles:

Each Baroque coin (not a cryptocurrency) is the equivalent of 1 USD. You can spend Baroque coins visiting paid exhibitions if you have sufficient balance.

Baroque membership bundle charges are liable to VAT, sales tax, and other taxes applicable in your jurisdiction. The corresponding tax sum will be automatically calculated and added to your charge, collected, and remitted to the corresponding taxing authority. Please, keep your location information relevant to avoid taxation issues.

Please, contact your bank to learn more about possible foreign transaction fees. Your membership bundle charges may be liable to fees up to 3% depending on your country of residence.

Baroque does not offer refunds. We allow certain exceptions, granted at our discretion.

Your Creations

Recap: You remain the sole owner of your creations but give Baroque the right to use them. You should have the rights to all creations to submit to Baroque.

Baroque requires your license for effective operation, but you are the only owner of original creations published on Baroque. By submitting your creations, you grant Baroque a royalty-free, perpetual, irrevocable, non-exclusive, sublicensable, worldwide license to use, reproduce, distribute, perform, publicly display or prepare derivative works of your creation. The license we get is limited to using your creations to promote your exhibitions and provide access to visitors. Baroque does not steal or abuse your creations.

Baroque does not allow creations that infringe on intellectual property or proprietary rights. Collaborators depicted in your creations are required to submit consent forms.

Visitors are prohibited from using creators' content in ways unauthorized by creators.

Baroque moderators review and approve every exhibit before its publication on the platform. If the content or the exhibits breaches these Terms of Use, Baroque reserves the right to deny publication. In the event of exhibition rejection, you will receive an email detailing the reasons for the rejection. You can contact the Baroque support team via email for further details. You can edit the exhibition to correct the issues that led to publication refusal and submit it for moderation again.

Indemnity

Recap: You have to assist with covering the cost of any legal proceedings if we are sued due to your activity on Baroque.

You are obligated to indemnify Baroque for any liabilities, damages, and losses, including but not limited to legal fees, that arise from the breach of these Terms and relate to your use of Baroque. Defending a claim under this clause will remain under our exclusive control, and you will help us with the defense. The indemnity under this clause applies to the Baroque platform, our subsidiaries, officers, directors, employees, affiliates, agents, and third-party service providers.

Limit of Liability

Recap: We will reimburse any money you lose through the use of Baroque in the amount no more than what we earn through your use of Baroque.

Baroque is not liable for any damages resulting in your use or attempted use of the platform and applications to the extent regulated by applicable law. Our liability is limited to the amount of money Baroque derives through your use of Baroque. We are specifically not liable for any losses resulting from unfulfilled benefits or conflicting contractual agreements.

For the purposes of this clause, “we” and “our” refer to the Baroque platform, our subsidiaries, officers, directors, employers, affiliates, agents, and third-party service providers.

Authenticity

Recap: The Baroque community comprises creators of original works.

Baroque creators are prohibited from exhibiting and/or selling creations infringing on intellectual property rights.

18+ Creations and Mature Content

At Baroque, we believe that art and creativity should be free of censure and restrictions. However, we also strive to build an environment welcoming, comfortable and secure for every member of our community, including those under the age of majority and those uncomfortable with adult or mature content. To achieve this goal, we ask creators to flag adult content with an 18+ flag to provide a clear distinction. While the age of maturity varies globally, most countries set it at 18 years.

Baroque defines mature content as any digital creation that depicts explicit acts of sexual nature, including nudity in a sexual context. Examples of mature content that should come with an 18+ flag on Baroque include but are not limited to:

At the same time, the mature content flags do not apply to works that feature:

All public spaces on Baroque, including profile pictures, exhibition posters, and other free content, should be suitable for all audiences. Mature content should be flagged and presented exclusively within paid exhibitions.

Nudity

Real and fictional nudity is acceptable on Baroque. However, we request that every creation containing mature themes, such as nudity in sexual situations, be flagged with an 18+ flag.

Any person featured in a creation containing mature content or nudity should be above the age of 18, including creators. Baroque has a firm stance against child exploitation and a commitment to child safety. We will cooperate with law enforcement authorities in the event of locating mature content featuring children under 18.

Pornography and Sexual Services

Pornographic content is unacceptable on Baroque, including video, animated, or illustrated content depicting real people engaging in intercourse or masturbation.

Offensive and Graphic Content

Baroque does not implement overarching guidelines to mature content. We review each creation on a case-by-case basis and take into account personal, historical, and educational narratives, as well as the creator's history and portfolio.

Baroque does not permit offensive graphic content glorifying sexual violence and abuse, including but not limited to rape, bestiality, sexualization of minors, and fringe sexual fetishes, such as necrophilia, incest, and situations that could be misconstrued as non-consensual sexual acts. We prohibit the publication of all types of offensive graphic content, including video, animations, illustrations, and other content types. We reserve the right to review and remove content violating the Terms of Use.

Chargebacks

Baroque visitors may dispute payment transactions through financial institutions. We will review the accounts of visitors initiating excessive and potentially fraudulent chargebacks and suspend their rights to attend AR exhibitions while the review is underway. If we find the chargebacks fraudulent, we will suspend or terminate the visitor's account.

At Baroque, we value every creator and appreciate each artistic contribution to our platform and the world. We uphold creative intellectual property rights and strive to promote the same respect among our users and creators.

We urge creators to use original creations and notify us of any misused, stolen, or otherwise abused creative property. If we find proof of repeated intellectual property rights infringement, we terminate offenders' user profiles.

Intellectual property rights are a complex legal field, and we urge every user to familiarize themselves with the risks of delivering notifications and counter-notifications. If you are not familiar with the legal consequences of sending notifications or counter-notifications, please consult a professional attorney before raising the issue on Baroque.

If you suspect a copyright infringement by a Baroque creator, please, send an email notification of the alleged infringement to [email protected] and include the following data:

Identify the original copyrighted work or works that you claim are infringed.

Identify the infringing work or works. Please, include any information necessary to identify the allegedly infringing works, including but not limited to the screenshots of the creator's profile, AR exhibition creations, or videos.

We review copyright infringement notifications expeditiously and terminate the works, exhibitions, and accounts if we find proof of the alleged infringement.

Privacy Policy

Baroque is a platform that enables creators to develop and host AR exhibitions for mobile app users. The following Privacy Policy is applicable for creators and application users, and it is an integral part of the Terms of Use.

Mobile App Users

Baroque mobile app users join the platform to attend AR exhibitions developed by the creators' community. To sign up for an account, users fill in the following profile details:

You can also sign in using Google Sign In or Apple Sign In. In this case, we will request access to the basic info about your Google or Apple account, including your name, email, and profile picture.

We collect information about the exhibits and creators you add to favorites, about the exhibits you attend, the membership bundles you purchase, the reviews you leave. This information is used for the platform's internal statistics and improves your future experience.

Creators

Creators develop content and provide access to AR exhibitions on the Baroque platform. To apply for a creator account, you need to provide the following information:

Creators can also sign in using Google Sign In or Apple Sign In. In this case, we will request access to the basic info about your Google or Apple account, including your name, email, and profile picture.

To become a creator, you need to sign up for an account via the Dashboard for creators and fill in your profile info, including:

Profile info is publicly accessible and displayed on the creator's screen of the mobile app, along with the information about their Baroque exhibits.

Additional Information We Collect

To improve your Baroque experience, we automatically collect information about your actions in the mobile app and/or the Dashboard for creators during your visits to the platform or through third-party analytical data providers. We can store data, like the device type, operating system, browser type, IP address, device identification, pages visited, links you follow to or from our platform, your reviews for exhibits or the Baroque application, as well as your responses to internal Baroque surveys, your complaints about the app's content, and the history of your purchases within the app.

How Do We Use Your Information?

Through collecting and processing your information, we pursue the following goals:

Information We Share with Third Parties

We do not share your information with third parties. We provide data to third parties exclusively under the following conditions:

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