Terms and Conditions for users of the online promotional platform of The ART.gallery
- Terms & Conditions
Please read this Agreement carefully before accessing or using the Website. By accessing, browsing and using our website, our mobile application or any of our applications through whatever platform (hereafter collectively referred to as the “Software”) and/or by completing an order, you acknowledge and agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by The ART.gallery, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
“We”, “us”, “our”, “the Website” and “Gallery” refers to theartgallery.co.
“Artist” is defined as every person engaging in using The ART.gallery for displaying artworks other Users/ Visitors according to the applicable laws and to these TERMS.
“User” is defined as every person accessing, browsing or using the Software by being registered as a member of the community, but not being an Artist.
“Visitor” is defined as every person accessing, browsing The ART.gallery without being registered neither as an “Artist” nor as a “User”.
- The ART.gallery Platform
The ART.gallery is a dynamic and creative hub and the focal point for artists, collectors and institutional figures; where art meets design and academic style borders on the revolutionary present. Our Gallery is a global online platform for Art & Design, an international marketing channel creating leads for our artists, while at the same time offering a branding solution to them via The ART.gallery’s website (theartgallery.co), its social media accounts and any other related link.
As an Art Institution, our aim is to promote up-coming revolutionary artists, along with presenting artists already established in the international art community. We provide further opportunities for artists to introduce their collections, exhibitions, installations and other special artistic projects in an intimate online environment globally, through our website, our social media pages, and via monthly (occasionally bi-weekly) newsletters. Our marketing team’s plans include implementing a variety of innovative marketing strategies and lead-capturing techniques in the foreseeable future.
The ART.gallery doesn’t act in any way or whatsoever as a selling platform between the Artists and potential buyers of the artworks listed on The ART.gallery platform, and does not become a contracting party in any kind of agreements concluded between the purchasing and the selling parties.
Visitors are able to view artwork pages, featured artworks or portfolios on The ART.gallery without registration. Registration as a User/Artists is required, however, for all other features such as reviewing and displaying artworks, creating a portfolio, etc.
By creating an account on the Gallery, you are responsible for maintaining the security of your account and its content, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Website. Users & Artists are obliged to provide true and accurate registration information and must keep it up-to-date at all times especially when relevant changes. Incorrect information which was inadvertently entered by the User can be corrected at any time.
You must not describe or assign content to your account in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others. The ART.gallery may change or remove any content or keyword that it considers inappropriate or illegal, or otherwise likely to cause The ART.gallery liability. You must immediately notify The ART.gallery of any unauthorized uses of your account or any other breaches of security. The ART.gallery will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
Registration of the Users & Artists is possible via three ways: a. Log in with email and a password; b. Log in to a Facebook account; c. Log in to Google plus account.
When the registration is completing, a verification email is sent to the address of the applicant. The accounts must be used by the User/ Artist only and are not.
(iv) Responsibility of Contributors
If you operate an account, comment on an artwork, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics.
By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either: a. received permission from your employer to post or make available the Content, including but not limited to any software; or b. secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libellous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party;
- your account is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and websites, and similar unsolicited promotional methods;
- your account is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account’s URL or name is not the name of a person other than yourself or company other than your own; and you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The ART.gallery or otherwise.
The ART.gallery reserves the right to remove any content created on the Website, e.g. comments, reviews etc.) for any reason whatsoever, to ban any member or website from using the service for any reason.
By adding your artworks to The ART.gallery you give The ART.gallery permission to use or distribute your screenshots on theartgallery.co or affiliated sites. All artworks uploaded are copyright © their respective owners.
All artworks must comply with the present TERMS and the overall aesthetic and quality standards of the Website. Thus, The ART.gallery reserves the right to adjust and edit the titles, descriptions, categories, and tags of the artworks, excluding any reference to the selling price of the products.
Without limiting any of those representations or warranties, The ART.gallery has the right (though not the obligation) to, in The ART.gallery’s sole discretion: a. refuse or remove any content that, in The ART.gallery’s reasonable opinion, violates any of its policy or is in any way harmful or objectionable; or b. terminate or deny access to and use of the Website to any individual or entity for any reason, in The ART.gallery’s sole discretion. The ART.gallery will have no obligation to provide a refund of any amounts previously paid.
By cancelling your subscription, all artworks will be unpublished. If you decide to remove your artworks, The ART.gallery will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
- Responsibility of Visitors
By browsing, joining or using the Website in any way Visitors are fully responsible for taking precautions as necessary to protect themselves and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
The ART.gallery disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
(ii) Content Posted on Other Websites
Our Services may include links and features that enable you to access other websites or services, and other websites or services may include links to our Services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and web pages to which The ART.gallery links, and that link to The ART.gallery. The ART.gallery does not have any control over those websites and web pages, and is not responsible for their contents or their use.
By linking to a third party’s website or webpage, The ART.gallery does not represent or imply that it endorses such website or webpage. Visitors are responsible for taking precautions as necessary to protect themselves and their computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The ART.gallery disclaims any responsibility for any harm resulting from your use of other websites and web pages.
- Copyright Infringement
The ART.gallery has adopted the following policy toward copyright infringement on the Service in accordance with the Digital Millennium Copyright Act (a copy of which is located at http://www.loc.gov/copyright/legislation/dmca.pdf, the “DMCA”). The Users/Artists shall release and hold harmless to The ART.gallery from any claims which third parties might assert against the Gallery due to a rights and/or copyrights infringement or breach of the duty of the person. This covers, in particular, the listing of items, ratings or forum contributions which are unlawful. Reasonable costs of a legal defence (in particular, attorney fees) which The ART.gallery has demonstrably incurred through the misconduct of the Member, must also be reimbursed.
The address of The ART.gallery’s Designated Agent for copyright takedown notices (“Designated Agent”) is:
Attn: Designated Agent
Email: el.souflis [at] gmail.com
If you believe that Content residing or accessible on or through the Service infringes a copyright, you may send a notice of copyright infringement containing the following information to the Designated Agent at the address above:
- Identification of the work or material being infringed.
- Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that The ART.gallery is capable of finding it and verifying its existence.
- Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number and email address.
- A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
- A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
The ART.gallery will respond to valid DMCA requests within 30 days. In all cases, if you do not hear a response from us within 30 days of submitting a complaint, please email us again at info [at] theartgallery.co confirm that we received your original complaint. As you may know, spam blockers sometimes reject important emails from unknown parties.
Please note that under applicable law any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
The ART.gallery reserves the right, in its sole discretion, to immediately terminate the account of any member who is the subject of repeated DMCA notifications.
The ART.gallery reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is any third party’s responsibility to check this Agreement periodically for changes. The continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.
The ART.gallery may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
All changes to these TERMS will be effective when posted on our Services, or at such later date as may be specified in the updated Terms. By continuing to use our Services after any changes to these Terms become effective, you agree to such changes and the updated Terms.
- Intellectual Property
Τhis Agreement does not transfer from The ART.gallery to the Visitor/User/Artist any intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The ART.gallery. The ART.gallery, The ART.gallery logo, and all other trademarks, service marks, graphics and logos used in connection with The ART.gallery, or the Website are trademarks or registered trademarks of The ART.gallery or The ART.gallery’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. The use of the Website grants third parties no right or license to reproduce or otherwise use any The ART.gallery or third-party trademarks.
- Rights of Use
Users & Artists grant the Gallery all rights in the content uploaded by them to the. Thus, The ART.gallery has the right to reproduce, make available to the public or adapt, advertise it on any internet platform internationally or through printed material, for the purpose of providing its services, the content provided by Users & Artists.
All rights referred above are granted to the Gallery as royalty-free, non-exclusive exploitation rights, in perpetuity, internationally and may be assigned or sub-licensed by The ART.gallery to other third parties.
The User relationship shall run for an indefinite period of time and may be duly terminated by the User or the Gallery at any time.
The Artist relationship shall run for a period of time defined by the purchased subscription package by the Artist and may be duly terminated by the Artist at the end of the paid period or by the Gallery at the same time. The Artist is notified on the 25th day of the monthly subscription period to renew their subscription. If the Artist doesn’t renew their subscription the Gallery, at the 30th day will terminate the Artist relationship and all artworks – portfolio – featured artworks will be unpublished.
The ART.gallery may terminate one’s access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately in case of harmful using by the User/Artist. If one wishes to terminate this Agreement or The ART.gallery account, one may simply discontinue using the Website.
The ART.gallery can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties
The Website is provided “as is”. The ART.gallery and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither The ART.gallery nor its suppliers and licensors, make any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability
In no event will The ART.gallery, or directors, employees, its agents or licensors and representatives, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for a. any special, incidental or consequential damages; b. the cost of procurement or substitute products or services; c. for interruption of use or loss or corruption of data; or d. for any amounts that exceed the fees paid by you to The ART.gallery under this agreement during the twelve (12) month period prior to the cause of action.
The ART.gallery shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty
By using the Website in anyway whatsoever you agree to indemnify and hold harmless The ART.gallery, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
This Agreement constitutes the entire agreement between The ART.gallery and all third parties (Visitors/Users/Artists/Other third parties) concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The ART.gallery, or by the posting by The ART.gallery of a revised version.
Nothing included in the hereby content of the TERMS will constitute a partnership, agency relationship, franchise relationship or contract of employment between you and The ART.gallery.
If any provision of these TERMS is or becomes invalid, unenforceable or non-binding, the Visitor/ User/ Artist will remain bound by all other provisions hereof.
You agree that regardless of any law to the contrary, each claim you might have against us arising out of or related to these Terms or our Services must be filed within the applicable statute of limitations, or, if earlier, one (1) year after such claim arose, or else such claim will be permanently barred.
- Governing Law
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the Bulgarian law and any dispute arising out of these terms and conditions will be submitted exclusively to the competent courts of United Kingdom.
- Contact Us
If you have questions about these TERMS, please email us at info [at] theartgallery.co.
- Effective Date
These TERMS are effective by January 1, 2018.
© 2018 The ART.gallery
All rights reserved.