Effective Date: June 26, 2025
1. Agreement to Terms
Welcome to EXISTOS. These Terms of Use (“Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Albert Pocej (“we,” “us,” or “our”), concerning your access to and use of the https://existos.art website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”).
You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the Site and you must discontinue use immediately.
2. Intellectual Property Rights
This is the most important section for you.
Unless otherwise indicated, the Site is our proprietary property. All source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), including the name “EXISTOS” and the slogan “One shot. One print. One moment.”, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Republic of Lithuania, the European Union, and international conventions.
The Content and the Marks are provided on the Site “AS IS” for your personal, non-commercial information and reference only.
Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial or non-commercial purpose whatsoever, without our express prior written permission.
3. User Representations
By using the Site, you represent and warrant that:
(1) all information you submit will be true, accurate, current, and complete;
(2) you have the legal capacity and you agree to comply with these Terms of Use;
(3) you will not use the Site for any illegal or unauthorized purpose;
(4) your use of the Site will not violate any applicable law or regulation.
4. The EXISTOS Experience
The Site provides information about the EXISTOS project, a conceptual art and performance experience. Submitting an application through the “Apply for the Experience” email link does not create a contract or guarantee participation. The selection of participants is at our sole discretion.
The terms, conditions, and nature of the EXISTOS experience itself will be governed by a separate, specific agreement provided to and signed by each selected participant. These Site Terms of Use do not govern the art experience itself.
5. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email.
Circumvent, disable, or otherwise interfere with security-related features of the Site.
Engage in unauthorized framing of or linking to the Site.
Attempt to impersonate another user or person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site.
6. Site Management
We reserve the right, but not the obligation, to:
(1) monitor the Site for violations of these Terms of Use;
(2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use;
(3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable any of your contributions or any portion thereof;
(4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
7. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON.
8. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
9. Governing Law
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the Republic of Lithuania applicable to agreements made and to be entirely performed within the Republic of Lithuania, without regard to its conflict of law principles.
10. Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your use of the Site; (2) a breach of these Terms of Use; or (3) your violation of the rights of a third party, including but not limited to intellectual property rights.
13. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at: albert@pocej.com