Low Ground Pressure
Website Terms and Conditions of Service
Last updated: July 2025
Welcome to Low Ground Pressure, located at www.lowgroundpressure.blog. By accessing our Website, you agree to these Terms and Conditions of Service and any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the Website, or to products and services that we make available to you through the Website. If you do not agree to all of these terms and conditions, do not use this Website.
These Terms and Conditions govern your use of the Low Ground Pressure website (lowgroundpressure.com), the mobile application called “offseen” that we partner with (the “App”), and any related services (collectively, the “Service”). By submitting content or using the Service, you agree to be bound by these Terms.
1. Introduction to Low Ground Pressure Website
1.1.
Low Ground Pressure is dedicated to fostering a diverse, inclusive, and engaging online space for art enthusiasts, artists, and the general public to explore and appreciate the wide spectrum of human creativity. By defining its scope and acknowledging the potential risks associated with art, the Website aims to balance artistic freedom with respect for its audience’s diverse sensitivities and values.
1.2. Definition of Art:
For the purposes of Low Ground Pressure, art is understood in its broadest sense, encompassing all forms of creative expression that humanity can offer. This includes, but is not limited to, visual arts (such as painting, sculpture, photography, and digital art), performance arts (including dance, theater, and music), literary arts (such as poetry and prose), and new media arts. Art, in this context, is a reflection of the human condition, encapsulating emotions, cultural narratives, societal critiques, and personal expressions in various mediums and styles.
1.3. Acknowledgement of Art’s Diversity and Risks:
We recognize that art is a powerful medium that can evoke a wide range of emotions and reactions. Some artworks may contain or depict themes that are sensitive, graphic, psychologically challenging, violent, or racial in nature. These elements may be inherent to the artwork’s critique, exploration, or representation of real-life issues and are not intended to harm, but rather to provoke thought, evoke emotion, or express a particular perspective or artistic vision.
1.4. Scope of Services
1.4.1. Artist Exhibitions Promotion:
The Website and the App serve as a platform to promote and advertise art exhibitions for artists around the world. This includes showcasing past, upcoming and current exhibitions, artist profiles, and exhibition content.
1.4.2. User Announcements:
Users who interact with the Website and the App may receive personalized updates regarding art exhibitions, events, and news that match their interests. This may include but not limited to newsletters, email alerts, and other forms of communication.
1.4.3. Competitions:
Low Ground Pressure may host competitions for artists and art enthusiasts, providing opportunities for engagement, recognition, and prizes. These competitions may cover various themes and art forms, fostering a vibrant community interaction.
1.4.4. Social Media Presence:
The Website maintains an active presence on multiple social media platforms, facilitating broader engagement with the art community. This presence may include sharing User Content, interactive posts, live event coverage, and community discussions.
1.4.5. Educational Content and Resources:
To further enrich Users’ understanding and appreciation of art, the Website and the partnering App may offer educational content and resources. This could include artist interviews, art history articles, technique tutorials, and discussions on art theory and criticism.
1.4.6. Virtual Exhibitions and Tours:
Embracing technological advancements, the Website and the App could offer virtual exhibitions and tours, allowing users to explore art digitally from anywhere in the world. This initiative aims to make art more accessible and to bridge geographical gaps within the art community.
1.4.7.
The content provided and published on the Website, social media platforms, and the App may include text, images, event details, and other promotional materials received from exhibition organizers and contributors. By submitting this content, you grant us the right to use, reproduce, adapt, and distribute it across all our platforms, including but not limited to the website, social media, and the App.
1.5.
Users of Low Ground Pressure are encouraged to engage respectfully and thoughtfully with the content and the community. While the Website promotes freedom of expression and open dialogue about art, it expects Users to respect the diversity of opinions and the sensitive nature of certain artworks. Users are asked to approach sensitive or potentially controversial content with an open mind and a considerate attitude toward differing perspectives.
2. Definitions
2.1.
This definitions section is intended to provide clear and concise explanations of the key terms and conditions used throughout the agreement, ensuring that all parties have a mutual understanding of their meanings and implications.
2.2.
“The Website” refers to “Low Ground Pressure,” accessible via www.lowgroundpressure.blog, and encompasses all content, services, and features provided on that platform.
2.3.
“The App” refers to offseen, a mobile application available on iOS and Android platforms, which partners with the Website to extend and complement its services. The App enables Users and Artists to access content, engage with features, and interact with the Low Ground Pressure community through compatible mobile devices.
2.4.
“User” denotes any individual or entity that accesses, browses, or otherwise utilizes the Website in any manner.
2.5.
“Artist” refers to any individual or collective that creates art and may share, promote, or sell their artworks through the Website.
2.6.
“Content” encompasses all types of material available on the Website, including but not limited to text, images, videos, audio clips, digital downloads, and user-generated content.
2.7.
“User Content” means any content that users post, upload, share, or otherwise contribute to the Website, including comments, reviews, images, and videos.
2.8.
“Art” is recognized as a form of creative expression manifesting in various disciplines and mediums, including but not limited to painting, sculpture, photography, digital art, performance, and literary works. Art serves as a reflection, commentary, or critique of the human experience, and may include political, social, and cultural dimensions.
2.9.
“Intellectual Property Rights” are the legal rights granted to the creators of original works of authorship, including rights under copyright, trademark, patent, and trade secret laws.
2.10.
“Infringement Notice” refers to a formal notification made by an individual or entity claiming an unauthorized use of their intellectual property on the Website.
2.11.
“DMCA” stands for the Digital Millennium Copyright Act, a U.S. federal law that provides guidelines for online service providers in case of copyright infringement claims.
2.12.
“GDPR” refers to the General Data Protection Regulation, a regulation in EU law on data protection and privacy in the European Union and the European Economic Area.
3. Use of the Website and the App
3.1.
The Website and the App offer information about art exhibitions and related cultural events and allow users to discover and engage with the art community. Services offered include browsing and discovering art events, subscribing to newsletters, and participating in online forums or competitions.
3.2.
You agree not to use the Website and th App for any unlawful purpose or in any way that might harm, damage, or disparage any other party. Without limiting the preceding sentence and by way of example, you agree that you will not:
3.2.1.
Undertake any action that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, or otherwise objectionable;
3.2.2.
Jeopardize the security of your account or anyone else’s account (e.g., allowing someone else to log in to the Website as you);
3.2.3.
Attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website or the App or any of its content without our prior written approval;
3.2.4.
Use any robot, spider, website search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Website or App content or reproduce or circumvent the navigational structure or presentation of the Website or the App without our prior written consent.
3.3.
No joint venture, partnership, employment, or agency relationship exists between a User and Low Ground Pressure as a result of this Agreement or User’s use of this Website or the App.
4. Handling of Data
4.1.
At Low Ground Pressure, we collect personal information through user registrations, newsletter subscriptions, social media engagement, the use of the App, and service payments. This information is used to provide and improve our services, send updates and newsletters, and process transactions. We base our data processing activities on several legal foundations under the GDPR, including consent (for newsletters and marketing communications), the necessity of fulfilling our service contract with you (for processing transactions and registrations), and our legitimate interest in engaging with and informing our community about art exhibitions and events. We are committed to respecting your rights under the GDPR, including your rights to access, rectify, or erase your personal data, and to object to or restrict processing. For any inquiries or requests regarding your data, please contact us at contact@lowgroundpressure.com.
4.2.
We collect the following personal data from you:
4.2.1. Full Name (not limited to first name, last name, middle name, given name, and/or chosen name)
4.2.2. Date of Birth
4.2.3. Gender
4.2.4. Full Address (including city and country)
4.2.5. Email address(es)
4.2.6. Mobile Number(s)
4.2.7. Phone Number(s)
4.2.8. Personal interests, preferences, and hobbies
4.3.
We collect personal information through the following methods:
4.3.1.
User Sign-ups: When users register on our Website to access specific services or areas.
4.3.2.
Newsletter Subscriptions: When users subscribe to our newsletter service, managed through a third-party platform, BREVO.
4.3.3.
Social Media Engagement: When users interact with our social media platforms.
4.3.4.
Service Payments: When users pay for services through our Website, using the payment gateway STRIPE.
4.3.5.
Past Communications: Through emails provided to us by users in the past, for the purpose of receiving notifications about art events and services.
4.3.6.
App Usage: When users interact with the offseen mobile application (iOS and Android), which partners with the Website to provide complementary features and services. Personal information may be collected during registration, usage, and in-app communications.
4.4. Handling of Data
4.4.1.
We commit to protecting the privacy and security of our Users’ data. Personal information collected is used solely for the purposes stated at the point of collection, or as otherwise consented. Users have the right to access, rectify, or erase their personal data, restrict processing, object to processing, and the right to data portability.
4.5. Third-Party Data Processors
4.5.1.
We engage with third-party service providers, including GODADDY.COM for Website hosting, BREVO for newsletter distribution, STRIPE for payment processing, and the offseen mobile application (iOS and Android) for providing complementary services and user interaction features. These third parties are carefully chosen for their commitment to GDPR compliance and are only provided with the necessary information to perform their specific services.
4.6.
In the event of a data breach at one of our third-party data processors, we will:
4.6.1.
Notify the relevant supervisory authority no later than 72 hours after becoming aware of the breach, unless the breach is unlikely to result in a risk to the rights and freedoms of individuals.
4.6.2.
Communicate the breach to affected Users without undue delay if the breach is likely to result in a high risk to their rights and freedoms, outlining the nature of the breach, the likely consequences, and the measures taken or proposed to be taken to address the breach.
4.6.3.
Work closely with the third-party processor to mitigate the effects of the breach and to prevent future occurrences, including a review of the third-party processor’s security measures.
4.7.
By using our Website and the App, users consent to the collection and use of their personal information as described. We will not use or share personal data beyond what is described in this Terms and Conditions of Service, without prior consent.
4.8. Exercising Your Data Protection Rights
At Low Ground Pressure, we are committed to ensuring the protection of your rights under the GDPR. If you wish to access, rectify, erase your personal data, restrict processing, object to processing, or exercise your right to data portability, please contact us at contact@lowgroundpressure.com. Upon receiving your request, we may ask you to verify your identity to process it securely. We aim to respond to all requests within one (1) month of receipt and will notify you if we require more time.
4.9.
To safeguard your personal information, Low Ground Pressure has implemented robust technical and organizational measures. These include data encryption, strict access control policies to ensure only authorized personnel can access personal data, and secure data storage solutions. Our commitment to data protection by design and by default means we actively design our services to ensure privacy and employ regular security assessments to maintain our systems’ integrity and confidentiality. Our staff receives ongoing training on best practices for data protection and privacy.
4.10. Data Breach Notification
In the unlikely event of a data breach that poses a high risk to your rights and freedoms, Low Ground Pressure is committed to informing affected Users without undue delay. You will receive direct communication from us detailing the nature of the breach, the categories and approximate number of Users and records concerned, the potential consequences, and the measures we have taken or propose to take to address the breach, including efforts to mitigate its possible adverse effects. For more information or assistance regarding a data breach, please contact our Data Protection Officer at contact@lowgroundpressure.com.
5. Registration, Accounts and Passwords, and Credentials
5.1.
If you access the Website or the App and undertake activities requiring registration, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer.
5.2.
We encourage the use of “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) on your account.
5.3.
You agree to accept responsibility for all activities that occur under your account. If you believe your account has been hacked or compromised, you must contact us immediately at contact@lowgroundpressure.com so we can block your account to prevent misuse and/or misrepresentation.
5.4.
Low Ground Pressure may allow Users to register and log in to our Website using third-party account credentials (e.g., Google Sign-In). By choosing to register or log in using a third-party account, you are authorizing us to collect, store, and use, in accordance with our Privacy Policy, any and all information that you agreed the third-party could provide to us through their application programming interface (API). It is your responsibility to check your privacy settings in your third-party account to control what information is shared with us.
6. Intellectual Property
6.1.
Low Ground Pressure recognizes the importance of intellectual property rights and is committed to respecting the intellectual property rights of artists, creators, and any third parties. The content available on the Website and the App, including text, graphics, photographs, logos, images, as well as the compilation thereof, and any software used on these platforms, is the property of Low Ground Pressure, its affiliates, or its content suppliers, and is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2.
The content on the Website and the App, including but not limited to text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”), is the intellectual property of the Website owner or its licensors. The Content is protected by copyright and other intellectual property laws. You may not use, reproduce, distribute, display, perform, or create derivative works from any of the Content without obtaining explicit permission from the Website owner.
6.3.
Artists who share their work on Low Ground Pressure retain their copyright to the images and textual descriptions of their artwork. By posting content to the Website or the App, artists grant Low Ground Pressure a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content (in whole or in part) on the Website, the App, and in any marketing material or platform, including, without limitation, for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels.
6.4.
Users may submit content to the Website and the App, including comments, reviews, and participation in forums. By submitting content, users grant Low Ground Pressure a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media.
6.5.
The trademarks, logos, and service marks (“Marks”) displayed on the Website are the property of Low Ground Pressure or other third parties. Users are not permitted to use these Marks without the prior written consent of Low Ground Pressure or such third party which may own the Mark.
6.6.
Users of Low Ground Pressure are responsible for ensuring that the content they upload, post, or otherwise transmit to the Website and the App does not infringe upon the intellectual property rights of any third party. Users should only upload content for which they have obtained all necessary permissions and rights.
6.7.
Low Ground Pressure employs various measures to protect the intellectual property rights of its content providers, the Website, and the App. This includes monitoring the Website and the App for potential infringement and pursuing legal action against unauthorized use or infringement of intellectual property rights.
6.8. Copyright Infringement (DMCA Policy)
Low Ground Pressure respects the copyright of others and expects its users to do the same. It is our policy to respond promptly to claims of copyright infringement and comply fully with the provisions of the Digital Millennium Copyright Act (DMCA). Upon receipt of a notice of claimed infringement that meets DMCA requirements, we will act to remove or disable access to any material found to be infringing or the subject of infringing activity, and to remove or disable access to any reference or link to material or activity that is found to be infringing.
7. Process for Reporting Intellectual Property Infringement
7.1. Step 1: Identification of Infringing Content
7.1.1.
Locate the Content: The individual or entity claiming an infringement (the “Complainant”) must identify the specific content on the Website that they believe infringes their intellectual property rights. This includes providing URLs or other identifying information to locate the content easily.
7.2. Step 2: Prepare an Infringement Notice
The Complainant must draft a notice of infringement that includes the following information:
7.2.1.
Complainant’s Contact Information: Full name, address, phone number, and email address (to allow for follow-up).
7.2.2.
Description of the Infringed Work: A description of the copyrighted work or other intellectual property that has allegedly been infringed.
7.2.3.
Location of the Infringing Material: URLs or detailed descriptions of where the alleged infringing content is located on the Website or the App.
7.2.4.
Statement of Ownership: A statement affirming that the Complainant is the owner of the exclusive right that is allegedly infringed, or a statement that the Complainant is authorized to act on behalf of the owner.
7.2.5.
Good Faith Statement: A statement that the information in the notice is accurate, and under penalty of perjury, that the Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7.2.6.
Physical or Electronic Signature.
7.3. Step 3: Submit the Infringement Notice
7.3.1.
The Infringement Notice must be submitted by email to contact@lowgroundpressure.com or via the “Report a Copyright Infringement” form on the Website.
7.4. Step 4: Review of the Infringement Notice by Low Ground Pressure
7.4.1.
Initial Review: Upon receipt, the Website’s designated agent or legal team will review the notice for completeness and validity. If the notice lacks required information, the Complainant will be contacted for clarification.
7.4.2.
Investigation: A preliminary investigation will be conducted to assess the merit of the claim.
7.4.3.
Action: If the claim is deemed valid, appropriate action will be taken, which may include removal or disabling access to the infringing material.
7.5. Step 5: Notification of Actions Taken
7.5.1.
Inform the Complainant of the actions taken in response to their claim.
7.5.2.
If content is removed or disabled, notify the provider of the content of the action taken, the reason, and the right to submit a counter-notification.
7.6. Step 6: Allow for Counter-Notification (if applicable)
7.6.1.
If the content provider believes content was wrongly removed or disabled, they may submit a counter-notification stating their good faith belief that the removal was due to mistake or misidentification.
7.7. Step 7: Final Resolution
7.7.1.
Upon receiving a counter-notification, the case will be reassessed and a decision made about restoring the content.
7.7.2.
Notify both parties of the final resolution.
8. User Content
8.1.
Users may be able to upload or submit materials to the Website and the App. The User warrants that they own all intellectual property rights in the uploaded content or have obtained all necessary permissions, and that the content does not infringe on the rights of any third party.
8.2.
User Content includes all forms of content submitted by Users including, but not limited to, text, reviews, comments, images, videos, and links.
8.3.
By submitting content to Low Ground Pressure, Users grant a non-exclusive, worldwide, royalty-free, perpetual, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the operation and promotion of the Website and the App.
8.4. Each User represents and warrants that:
8.4.1.
They own or have obtained necessary rights to their content and authorize Low Ground Pressure to use it as intended by the platform.
8.4.2.
Their content does not infringe on the rights of others or violate any laws.
8.5. User Content Standards
8.5.1.
We celebrate art as a powerful tool of expression. Content on Low Ground Pressure may engage with complex or controversial themes and is part of a larger societal dialogue.
8.5.2.
Artists and Users are encouraged to exercise freedom of expression responsibly, avoiding content that incites hate, violence, or discrimination.
8.5.3.
We reserve the right to moderate or provide context for sensitive content and, in exceptional cases, limit visibility of harmful material.
8.5.4.
Users acknowledge they may encounter content that challenges them and agree to engage respectfully and constructively.
8.5.5.
Low Ground Pressure reserves the right to edit or remove User Content that violates our Terms or is deemed offensive or illegal.
8.6.
User Content does not reflect the opinion of Low Ground Pressure. We do not endorse any opinion, recommendation, or advice expressed in such content, and we disclaim all liability related to User Content.
9. Links to other websites
9.1.
Low Ground Pressure may offer links to third-party web sites that may offer various products, services, and/or information. Users should be aware that use of these third-party web sites may be subject to separate terms and conditions, information collection practices, and other provisions. Low Ground Pressure cannot ensure that users will be satisfied with any products or services offered and/or purchased from such third-party web sites. Low Ground Pressure does not endorse any of the products or services offered in any third-party web sites. Further, Low Ground Pressure has not taken any steps to confirm the correctness, accuracy, or reliability of any information contained in any third-party web sites. Before proceeding with any interaction and/or transaction with any third-party web site, whether the interaction and/or transaction is on-line or off-line, it shall be the sole responsibility of the User to conduct whatever due diligence such User deems necessary and appropriate.
10. Use of third-party payment processing
10.1.
The Website utilizes STRIPE as its exclusive third-party payment processor to facilitate financial transactions for services offered. By electing to purchase through the Website, Users agree to the processing of payments through STRIPE, acknowledging that:
10.2.
All financial transactions conducted on the Website or the App for the purchase of services, artworks, or any other offerings will be processed exclusively through STRIPE.
10.3.
Users must agree to STRIPE’s terms and conditions and privacy policy, which govern the processing of all payment transactions.
10.4.
Low Ground Pressure does not store, process, or have access to the Users’ credit card information and/or other banking information. All payment data is handled and secured by STRIPE, in accordance with their security protocols and privacy policy.
10.5.
In compliance with the General Data Protection Regulation (GDPR), Low Ground Pressure is committed to ensuring the protection and privacy of Users’ personal data. Regarding payment processing:
10.5.1. Personal Data Sharing: Necessary personal data required for processing payments, such as name, address, and payment information, will be shared with STRIPE to the extent required for completing transactions.
10.5.2. Data Protection Compliance: STRIPE, as a third-party service provider, is compliant with the GDPR and other relevant data protection laws. STRIPE is responsible for implementing appropriate security measures to protect personal data processed during payment transactions.
10.5.3. User Rights: Users have the right to access, correct, delete, or restrict the processing of their personal data handled by STRIPE, in accordance with GDPR provisions. Users wishing to exercise these rights should direct their requests to STRIPE, as detailed in STRIPE’s privacy policy.
10.6.
Low Ground Pressure disclaims all liability for any issues, disputes, or damages resulting from the processing of payments by STRIPE, except to the extent such liability cannot be legally excluded. Users are encouraged to contact STRIPE directly for any concerns related to payment processing issues.
11. Payment and Services
11.1.
By accessing or using certain features of the Service, including but not limited to App insertions, bookings, purchases, digital content, or guided experiences, you may be required to pay fees. All prices will be clearly displayed before checkout or payment.
11.2. Payments
11.2.1.
All payments must be made through the methods provided on the Website. By submitting payment information, you authorize us (or our third-party payment processor) to charge the applicable fees to your selected payment method.
11.3. Refunds and Cancellations
11.3.1.
Unless otherwise specified, all purchases are non-refundable. However, we may offer refunds or credits at our sole discretion or as required by applicable law. Any cancellation policies specific to a product or service will be clearly stated at the time of purchase.
11.4. Taxes
11.4.1.
You are responsible for paying any applicable local, state, or international taxes related to your use of the Service.
11.5. Service Delivery
11.5.1.
We strive to deliver all paid services as described. If there is a delay or issue, we will notify you promptly and take reasonable steps to resolve the matter.
11.6. User Responsibility
11.6.1.
You agree to provide accurate payment and contact information and to update it as needed. Failure to do so may result in suspension or termination of your access to paid services.
12. Disclaimers
12.1.
While Low Ground Pressure endeavors to provide accurate and timely information, the information available on this Website may include inaccuracies or typographical errors. Moreover, Low Ground Pressure may make modifications and/or changes in this Website or in the information available on this Website at any time, for any reason. You, the User, assume the sole risk of making use of, and/or relying on, the information available on or through this Website. Low Ground Pressure makes no representations about the suitability, completeness, timeliness, reliability, legality in your jurisdiction, or accuracy of the information available on or through this Website for any purpose. Such information is provided on an “as is” and “as available” basis without warranty of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
13. Website Access and Termination
13.1.
This Website is controlled and operated by the owner of Low Ground Pressure from its headquarters within Italy.
13.2.
Low Ground Pressure makes no representation that materials on the Website are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Website are illegal is prohibited.
13.3.
Those who choose to access this Website from other locations do so of their own volition and are responsible for compliance with applicable local laws.
13.4.
Low Ground Pressure reserves the right at any time and for any reason to deny the User access to the Website.
14. Use of Mobile Application
Low Ground Pressure partners with a mobile application “offseen” (“the App”) that displays and promotes the same exhibition-related content featured on our Website and social media channels. All content submitted to Low Ground Pressure may be used within the App for the same purposes outlined in these Terms. By submitting content, you acknowledge and agree that it may be accessible via the App.
Please note that appearing on the App is a paid feature, available through our Website, and is granted only after payment has been successfully completed. However, we do not guarantee publication on the App unless the submitted content is selected and published on our Website. While this is generally a paid feature, it may occasionally be offered free of charge as part of limited-time promotions or special initiatives.
15. Limitation of liability
15.1.
Low Ground Pressure and its affiliates, including its partners (such as the offseen App), as well as directors, employees, agents, suppliers, or other associated parties, shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use, the Website or the App; (ii) any conduct or content of any third party on the Website or the App; (iii) any content obtained from the Website or the App; and (iv) unauthorized access, use, or alteration of your transmissions or content—whether based on warranty, contract, tort (including negligence), or any other legal theory—regardless of whether we have been advised of the possibility of such damages, and even if any remedy provided herein is found to have failed of its essential purpose.
15.2.
Payment Transactions: Low Ground Pressure shall not be liable for any issues, disputes, or damages arising from the processing of payments by third-party payment processors, specifically STRIPE, to the extent allowed under applicable law. Users are encouraged to review STRIPE’s terms and conditions and direct any payment-related inquiries or disputes directly to STRIPE.
15.3.
Content and Art: While Low Ground Pressure endeavors to provide a platform for authentic and quality Art and User Content, it does not guarantee the accuracy, integrity, or quality of Content uploaded by Users or Artists. The liability for any copyright infringement, objectionable content, or any damage resulting from the consumption of such content lies solely with the content creators or uploaders.
15.4.
External Links: Low Ground Pressure may contain links to external sites that are not operated by us. You acknowledge and agree that we are not responsible for the content, accuracy, or opinions expressed on such websites, and such websites are not necessarily investigated, monitored, or checked for accuracy or completeness by us.
16. Indemnification
16.1.
You agree to defend, indemnify, and hold harmless Low Ground Pressure, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
16.1.1.
Your use of and access to the Website and the App, including any data or content transmitted or received by you;
16.1.2.
Your violation of any term of these Terms and Conditions of Service, including without limitation your breach of any of the representations and warranties above;
16.1.3.
Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or Intellectual Property Rights;
16.1.4.
Your violation of any law, rule, or regulation of any country, which you may be required to abide by;
16.1.5.
Any claims or damages that arise as a result of any of your User Content or any content that is submitted via your account; or
16.1.6.
Any other party’s access and use of the Website with your unique username, password, or other appropriate security code.
17. Events beyond Low Ground Pressure’s control
17.1.
Users expressly absolve and release Low Ground Pressure from any claim of harm resulting from a cause beyond Low Ground Pressure’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.
18. Changes to Terms and Conditions of Service
18.1.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions of these Terms and Conditions of Service at any time. Please check these Terms and Conditions of Service periodically for any modifications, amendments and/or changes. Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.
18.2.
The date of last revision of the Terms and Conditions of Service is mentioned at the top of this page.
19. Severability
19.1.
If any part of these Terms and Conditions of Service is determined to be invalid or unenforceable (either by an arbitrator or by court of competent jurisdiction), then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these Terms and Conditions of Service shall continue in effect.
20. Privacy Policy
20.1.
Please see Low Ground Pressure’s Privacy Policy for a summary of Low Ground Pressure’s practices regarding the collection and use of personal information. Low Ground Pressure’s Privacy Policy is available on the Website.
21. Governing law
21.1.
These Terms and Conditions of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of Italy. Low Ground Pressure is committed to adhering to the highest standards of data protection and intellectual property rights protection.
22. Cross-border disputes
22.1.
In recognition of our global user base and the international nature of our online platform, we acknowledge that disputes may sometimes arise across jurisdictions.
22.2.
Low Ground Pressure is dedicated to resolving such disputes promptly and efficiently. For disputes arising under the General Data Protection Regulation (GDPR) or related to intellectual property rights that cross national boundaries, we aim to engage in dispute resolution mechanisms that are fair, transparent, and accessible to all parties involved. This may include mediation, arbitration, or other forms of dispute resolution, taking into account the principles and protections afforded by the GDPR and international Intellectual Property law standards as guided by the World Intellectual Property Organization (WIPO).
22.3.
For any concerns or disputes related to your use of Low Ground Pressure that may involve cross-border considerations, please contact our legal department at contact@lowgroundpressure.com. We are committed to working with you to reach a resolution that respects your rights and complies with applicable laws.
23. Contact information
23.1.
For any questions or comments regarding the Terms and Conditions of Service, please contact Low Ground Pressure at contact@lowgroundpressure.com.
24. Entire agreement
24.1.
These Terms and Conditions of Service, along with Low Ground Pressure’s Privacy Policy, which is integrated herein by reference as though fully detailed within, constitute the complete and exclusive understanding between the User and Low Ground Pressure regarding the User’s engagement with and the material accessible on or via this Website and the App.
24.2.
This Terms and Conditions of Service supersedes all previous discussions, agreements, and representations—whether digital, spoken, or written—between the User and Low Ground Pressure concerning this Website and the App. All rights not explicitly granted in this Terms and Conditions of Service are reserved.
25. Waiver
25.1.
No waiver by Low Ground Pressure of any breach or default under these Terms and Conditions of Service shall be deemed a waiver of any preceding or subsequent breach or default.
25.2.
Any waiver granted by Low Ground Pressure must be in writing and signed by an authorized representative in order to be valid and enforceable.
25.3.
The failure of Low Ground Pressure to enforce any part of these Terms and Conditions of Service shall not constitute a waiver of its right to enforce such part or any other part at a later time.
26. Assignment
26.1.
You may not assign or transfer your rights or obligations under these Terms and Conditions of Service without prior written consent from Low Ground Pressure.
26.2.
Low Ground Pressure may assign or transfer its rights and obligations under these Terms and Conditions of Service without restriction or notice.
27. No Agency
27.1.
Nothing in these Terms and Conditions of Service shall be construed to create any agency, partnership, joint venture, employment, or franchise relationship between you and Low Ground Pressure.
27.2.
You agree that you do not have authority to bind Low Ground Pressure in any way or to incur obligations on its behalf.
28. Survival
28.1.
Any provisions of these Terms and Conditions of Service that by their nature should survive termination of this agreement shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
29. Language
29.1.
These Terms and Conditions of Service are drafted in English. If translated into another language, the English version shall prevail in case of any conflict or discrepancy between versions.
30. Headings
30.1.
The section titles and headings in these Terms and Conditions of Service are for convenience only and have no legal or contractual effect.