TERMS OF USE

Welcome to Artit, a web service dedicated to the presentation and discovery of contemporary art and other related art forms and services worldwide. Artit’s site (www.artit.co) is operated and provided by Artit London, Ltd. Our goals are to help artists reach a wide, influential global audience of art lovers, and to inspire and educate everyone who views the work on display. By completing the registration process, or using www.artit.co, you agree to be bound by all of the terms and conditions herein. Please read the terms and conditions carefully. This document sets out the terms and conditions (“terms”) on which Artit London Ltd. (“we”, “us” or “our”) provides you (“you” or “your”) with any of the services (“services”) offered on its website www.artit.co (“website”).

If you do not accept these terms, you will not be able to use the services offered by us. If you are using the services on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. The same rights, limitations and restrictions apply to your employer. You agree that these terms are enforceable as if they were a written negotiated agreement signed by your employer. These terms may be subject to change, and accordingly you are advised to refer back to these terms from time to time and before registering with the website.

1. Information about us and the website

The Website is owned and managed, operated and maintained by Artit London Ltd., a company registered in England and Wales with company registration number 10024386, and with its registered address at Second Floor Belgrave Court, 23A, 36 Westferry Circus, London, E148RL. The www.artit.co website enables visual artists and others to post Content (“Content”) (as defined below), share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/or purchase services from time to time, that are made available on the site. Content includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, videos and software. Services include, but are not limited to, any service and/or Content we make available to or perform for you, as well as the provision of any materials displayed, transmitted or performed on the site or through the Services. The following section outlines the terms under which you may use the artit.co website and services.

Before using any of our Services, you should read these terms and conditions carefully. By signing up for our Services you will be deemed to have read, understood and agreed to them. We would also recommend that you read our Privacy Policy, which describes how we will deal with your personal information. When accessing and using this website you are agreeing to the Terms set out below. By registering, you agree that you have fully understood these Terms, that you have the right, authority and capacity to enter this agreement, and that you acknowledge it to be legally binding between you and us. Artit.co reserves the right to change these Terms. The most recent Terms can always be found at this page. If you do not agree to these Terms, please do not use www.artit.co and the Services we offer, and do not register for an account. If you have any questions, please contact us before using our website. Your continued use of www.artit.co implies your acceptance of any changes that we make to these Terms.

2. Preliminary information

By Using Artit, You Agree to the Following Terms:

You hereby warrant that:

You are at least 18 years old;

You have the capacity to agree to these Terms; and

You are not in any way prohibited by the applicable law in the jurisdiction, which you are currently located to enter into these Terms.

3. Registration

You may at our sole discretion, access certain features and elements of the functionalities of the Services as a Visitor. In the event you wish to access additional features and functionalities of the Services (such as, entering a contest), you shall be required to register your details with us as a Member. By registering your details and becoming a Member you consent to us conducting verification and security procedures in respect of the information provided by you online.

You hereby warrant that the information provided by you to us is true, accurate and correct. You further warrant that you shall promptly notify us in the event of any changes to such information. Upon the completion and submission of the online registration form on the Website, you shall be sent a verification email (“Verification Email”) to the email address you provided on the registration form.

You shall keep your registration details for the Website (“Login Details”) confidential and secure. Without prejudice to any other rights and remedies available to us, we reserve the right to promptly disable your Login Details and suspend your access to the Website in the event that we have any reason to believe you have breached any of the provisions set out herein.

As a Member, you may terminate your Contract with us at any time by contacting us at contact@artit.co. We may suspend your access to the Services and/or Website and terminate your Contract at any time and without notice to you if: the third party services and network providers cease to make the third party service or network available to us; we believe that you or someone using your Login Details has failed to comply with one or more of these Terms; we believe that there has been fraudulent use, misuse or abuse of features or functionalities of the Services and/or Website (in whole or in part); we believe that you have provided it with any false, inaccurate or misleading information; or we believe that you are not acting in a personal capacity. Upon termination of your Contract with us as a Member and/or Venue Owner, you shall continue to have access to the Website as a Visitor.

4. Service

Artit provides users with variety of online services, including but limited to;

Artit-generated content, including: essays, articles, blog entries, and “Curator's Picks” features

User-generated content, including: uploaded photography, text and multimedia content developed and owned by creative professionals

Job offerings: a directory of jobs in the creative professional community.

Online seminars and public events

Links to grants, fellowships, residencies, scholarships, awards and competitions listings

5. Content

Artit is a user-generated platform, which means that you can add the content yourself. We trust you to add correct information and we are not liable if the information is not. You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files or other materials ("Content") that is transmitted, posted, submitted or distributed by you through Artit, including but not limited to the contents of your e-mail communications, information, images or videos posted by you or posted to your Profile Page and information, photos, images, sound files or other Content posted by you in a forum or other page. By posting Content you warrant and represent that you own all right, title and interest to that Content and any likenesses contained in that Content. You agree not to post anything to which you do not have the rights.

Artit does not own or control the Content posted by Users via the Service and, does not guarantee the accuracy, integrity or quality of such Content. You may be exposed to Content posted by other Users that may be offensive, indecent or objectionable. Under no circumstances will Artit be liable in any way for any Content posted by any User or third party, including, but not limited to, liability for any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Service.

6. Responsibility for Content and Service

Our website contains user-generated Content that may depict subject matters not appropriate for all (for example, nudity). Artit.co cannot filter and monitor the Content created and viewed by its users and does not assume responsibility for this Content. If you are below 18 years old, please do not use or register with artit.co unless you have been given permission by a parent or legal guardian.

Artit.com reserves the right to:

Change, modify or discontinue some or all of the Services offered on this website

Restrict the availability of Services

Deny users access to Services

Restrict the number of Services available to individual users

Charge fees on using the service

Offer individual service levels to individual users, and

Remove an upload facility or any user Content at any time at its sole discretion, all without prior notice or liability. Artit is also not liable for modifications, suspension or discontinuance of the Services caused by third parties. The www.artit.co website should not be relied upon as a sole point of storage of your Content.

You may not use the artit.co Services to upload, transmit or share any Content which:

Does not comply with these Terms

Unlawfully infringes the intellectual property rights or other rights of third parties, including, but not limited to, trademarks, copyright, trade secrets, patents, publicity rights or privacy rights

Includes sexually explicit images or other Content which is offensive or harmful to minors or harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person

Includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, or disablement

Makes use of a false name or identity or a name or identity that you are not entitled or authorised to use

Contains any unsolicited advertising, promotional materials, or other forms of solicitation

Contravenes any applicable law or government regulation in the jurisdiction where you use our Service

Creates or submits unwanted email or comments to any artit.com users

You agree not to engage in any of the following behaviours on Artit:

To abuse, harass, threaten, impersonate or intimidate other users of the site

To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user

To create multiple accounts

To use any automated means, with the exception of accessing RSS feeds, to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:

take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site

artificially inflate or alter ratings, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for ratings or for participating in any other organised effort that in any way artificially alters the results of Service

promote or sell Content of another person

sell or otherwise transfer your profile

You agree that you are solely responsible and liable for all activities on the Website, whether you are a Visitor, Member. You must promptly notify us in the event there is a breach of security or any unauthorised use of your Login Details. We may be contacted by email at contact@artit.co

You shall not submit to appear on the Website through your use of the Services, any information, comments, images, third party URL links or other material whatsoever in any format (“User Submissions”), whether on your Profile or elsewhere on the Website, that may reasonably be deemed to be offensive, illegal, inappropriate or that in any way:

Promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

Harass or advocate harassment of another person;

display pornographic or sexually explicit material;

Promote any conduct that is abusive, threatening, obscene, defamatory or libellous;

Promote any illegal activities;

Provide instructional information about illegal activities, including violating someone else’s privacy or providing or creating computer viruses;

Promote or contain information that you know or believe to be inaccurate, false or misleading;

Engage in or promote commercial activities and/or sales, including but not limited to contests, sweepstakes, barter, advertising and pyramid schemes, without our prior written consent; or infringe any rights of any third party.

You acknowledge that making a User Submission does not guarantee that this User Submission, or any part thereof, shall appear on the Website. You agree that we may, at our sole discretion, choose to display or remove any User Submission or any part of the same that you make on the Website and you hereby grant to us a non-exclusive, perpetual, irrevocable, worldwide license to do so.

You hereby grant to us a non-exclusive, perpetual, irrevocable license to make the User Submissions available to other Users of the Website. If you feel that any User Submission made by another User is objectionable, please contact us by using the contact details set out on the Website. We shall use our reasonable endeavours to review the relevant User Submission as soon as is practicable and shall take relevant action as deemed necessary, if any at all. You further agree that at all times, you shall:

Not use your Login Details with the intent of impersonating another person;

Not allow any other person to use your Login Details;

Not use the information presented on or obtained using the Website or derived from the Services for any purposes other than those expressly set out in these Terms;

Not do anything likely to impair, interfere with or damage or cause harm or distress to any persons using the Website or in respect of the network;

Not use the Website, the content therein and/or do anything that will infringe the Intellectual Property Rights or other rights of any third parties;

Comply with all instructions and policies from us from time to time in respect of the Services and the Website;

Co-operate with any reasonable security or other checks or requests for information made by us from time to time; and

Use the information made available to you on the Website and through the Services at your own risk.

In the event that we, in our sole and absolute discretion, consider that you have breached any of the terms set out in this clause 5, we reserve the right to take any action that we deem to be necessary, including but not limited to, the termination forthwith and without notice of your use of and access to the Services and the Website; and in the case of illegal use, the instigation of legal proceedings as appropriate. Without prejudice to any of our other rights and remedies, we reserve the right, in our sole and absolute discretion, to take any action that we deem necessary and appropriate in the event that we consider that there is a breach or threatened breach. Violation of any of these conditions will result in the termination of your account. While Artit. prohibits such conduct and Content on its site, you understand and agree that Artit cannot be responsible for the Content posted or behaviour seen on its website produced by others and you nonetheless may be exposed to such materials and/or behaviour and that you use the Service at your own risk.

7. User’s Grant of Limited License

Artit seeks no ownership of the Content submitted to the website and respects and supports the rights of the creator and/or owner. Copyright remains with the image creator and/or owner at all times and you retain all rights to the Content that you previously enjoyed.

However, in the modern age of content hosting and the propagation and streaming of content across the web, we require a limited license to host and display this content, as specified below, which lasts as long as you choose to host your work on the service. For example, one purpose for this limited license is to enable Artit to stream and present your work across the Artit Network (including syndicated editorial content about you and your work), and partner sites that present your work professionally - linking back to your portfolio. We require a limited license for your content in order to present it in the many places and various forms across the Artit Network sites.

The limited license below is required to allow Artit to host, display, organise, and propagate a member's portfolio of projects. By communicating with Artit, including submitting or sending Content, correspondence or other information or material to Artit ("Your Content"), you grant Artit Ltd. a limited license, for the period of time your Content is published in Artit’s systems, to display the work royalty-free, unrestricted, and world-wide, across Arti’s sites, in search results, and in Artit-powered Projects, Categories and Features. In some instances, media must be reformatted for display and incorporation into Artit’s galleries. As such, during this limited license, you allow Artit London Ltd. to reproduce, modify, publish, translate, distribute, perform and display your Content (in whole or part), and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such limited license also includes incorporating Content, in whole or in part, into a Artit’s feature or in promotional or marketing materials (attributed properly to the artist).

Artit will never assume ownership of your work, and the artist's copyright settings, as selected by the artist, will remain associated with each published project. This limited license is required for the nature of Artit Network's platform. Work submitted to Artit remains owned by the artist, under the artist's selected copyright settings, and artists decide whether or not to sell their work to third parties - Artit does NOT act as an intermediary in selling creative work. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content. You acknowledge and agree that the display or inclusion of your Content shall be in the sole discretion of Artit and your Content may or may not be included on the Artit website for any reason or no reason at all. By uploading content to Artit’s website you agree not to violate any law, regulation or agreement with respect to any intellectual property right which may apply, and you further agree to indemnify, decent and hold harmless, Artit London., it’s owner’s, agents, officers, directors, and directors and employees from and against any and all claims alleging violation of any intellectual property right associated with your use of website.

By submitting Content to our website you represent and warrant to Artit that you are the original creator of it, and accordingly all rights, including copyright in and to the Content are owned by you or you have the permission of the copyright holder and that Artit is free to use the Content as provided in these Terms without obtaining permission or a license from any third party. By uploading your Content to the Artit.com website you agree that we may:

Use, reproduce, distribute and display the Content, within the scope of the various functionalities of our website and Services from time to time, including without limitation making it available for sharing with other users and on other platforms and through other channels;

Permit any partner that operates an art competition in conjunction with us to use Content submitted for such challenge for any purpose, as long as the challenge is referenced in any such use;

With your express consent, grant rights of use to third parties (each a “Customer”) in respect of the Content, including by way of licensing stock image electronic downloads and sales of physical articles, items and merchandise containing the Content including without limitation prints, posters and wall products (“Products”) ;

If you have consented to rights of use to your Content being granted to Customers in accordance with the above, appoint third party distributors or agents to facilitate the same and sub-licence the Content to such parties;

Include the Content in marketing material sent to other platforms and channels in conjunction with challenges;

Advertise and promote our Services using the Content;

Use the Content for such other purposes as we may from time to time reasonably determine.

These rights of use will last for the period during which the Content is posted on the website and will automatically terminate upon the removal of the Content from the website.

By uploading your Content to the Artit.com website you further agree that we can:

Alter the Content including any cropping, manipulation, combination and creation of derivative images provided that such alteration is not pornographic, defamatory or otherwise unlawful;

Add, amend or delete any captions, key wording or information supplied to us related to the Content, including but not limited to, permissions, tags, descriptions, number of people, date taken, location and usernames (“Metadata”) for any Content for any reason;

From time to time grant to the operators of public search engines permission to use search engines or search spiders to copy Content for the sole purpose of creating publicly available searchable indices of the Content;

Attach reasonable, non-offensive comments and critiques of the Content, both from other users and judging experts, without your prior consent;

Make no representation and warranty that Content posted on our website will not be unlawfully copied without your or our consent;

Remove or disallow any Content that has been submitted at our discretion; and

Categorise the Content, for example into commercial and editorial, at its sole discretion.

8. User Conduct, Exclusion of Warranties and Limitation of liability

Artit is a user generated platform, which means you can add the content yourself. We trust you to off correct information and we are not liable if the information is not.

You acknowledge and agree:

To provide true, accurate, current and complete information about yourself as prompted by the subscription form, contribution form and⁄or any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, Artit London Ltd. reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services. Further, Artit London Ltd. reserves the right to reject any of your Content and to terminate your right to use the Site and refuse any and all current or future use of the Services for any reason whatsoever.

That where the website includes views, opinions, advice or recommendations, such views, opinions, advice and recommendations are not endorsed by us and to the maximum extent permitted by law, we exclude all liability for the accuracy, defamatory nature, completeness, timeliness, suitability or otherwise of such views, opinions, advice or recommendations. We rely on third party providers to make the Services and the Website available to you. You acknowledge and agree that we do not warrant that the Services and the Website shall be uninterrupted or fault-free at all times.

Without limitation of the foregoing, not to use the Site or Services to submit any Content regarding any products or multimedia files, or make comments about them, that are unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful; or that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

That Artit London Ltd. is not responsible for material submitted to Artit or posted to the Site by Users. Artit London Ltd. does not pre-screen, monitor, review or edit the Content posted by Users. We do not verify and do not have any control in respect to any User Submission. We do not warrant or guarantee the accuracy, correctness, reliability, suitability or at all in respect of any User Submission or any other information made available to you through your use of the Website and/or Services. If you so intend to use and/or rely upon any User Submission or any other information made available to you through your use of the Website and/or Services, you do so at your own risk and liability.

Artit London Ltd. and its designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that in Artit London Ltd.’s judgment does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. Artit London Ltd. is not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Content or part thereof, or other communication to Artit London Ltd. You agree to immediately notify Artit London Ltd. of any unauthorised use of the Service or any other breach of security that you know or suspect.

9. Changes of Terms and Modification to Service

We are continually seeking to update and improve Artit. As a result, we may make changes to Artit, including these terms, at any time. You will need to review these terms regularly so that you are aware of any changes we have made. You will be legally bound by the updated or amended terms from the first time that you use Artit after we post the changes on-line. Artit London Ltd. reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Artit London Ltd. shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Service.

10. Indemnification

Upon request by Artit London Ltd., you agree to defend, indemnify and hold Artit London Ltd., its affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use or misuse of the Site or Services, or from the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or Users authorised by you or any violation of these Terms and Conditions by you (including, but not limited to, any claim that your Contribution infringes the rights of any third party). Artit London Ltd. reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Artit London Ltd. in asserting any available defence.

11. Intellectual Property Rights

We and our licensors own all the intellectual property rights relating to the Website, excluding the User Submissions. You are expressly prohibited from:

reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Website, including without limitation, any information, articles, photographs, images or submissions made available to you through your use of the Website and/or the Services; and removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us and/or our licensors, and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the Intellectual Property Rights owned by and/or licensed to is.

Provided that we are unaware of any infringement of any third party intellectual property rights at the time you submit any User Submissions, we shall not be liable in any way to you or any third party for any breach of such rights subsequently notified to you or us.

12. General

If any of these terms are determined to be illegal, invalid or otherwise unenforceable then the remaining terms shall remain in full force and effect. These terms shall be governed by and interpreted in accordance with the laws of England and Wales. If you are a consumer, then you may have rights to bring court proceedings in the courts of the country in which you are domiciled. Otherwise, to the fullest extent permitted by law, you and we shall bring all court proceedings in the courts of England and Wales