Terms of use http://www.artagal.com
Terms of use : www.artagal.com
Preamble :
These Terms of Use describe the terms and conditions that Artagal.com users, be they artists, buyers or just visitors, must accept in full in order to view the pages of the site and / or use the services at their disposal. The content, texts and photos, submitted by advertisers will not engage the responsibility of artagal.com but only that of their author.
Article 1 : Object of the site
Artagal exhibits and promotes the artworks of artists in virtual galleries in order to bring together artists and amateurs and / or buyers of works of art.
Artagal wants to make available for members (artists) promotional tools and for visitors an original concept of consultation and sharing by means of these artworks (E-cards).
Article 2 : Acceptance of Terms of Use
You will use the services offered by Artagal.com only by accepting these terms and conditions. These terms of use may be modified at any time and without notice, so we invite you to consult them regularly.
Article 3 : Services and rates
Artagal is 100% free.
Artagal is 100% free.
All services and tools offered by Artagal are free.
However, depending on the evolution of the site, we reserve the right to offer new paying or free services and / or modify the free character or the cost of some services even after the registration of the artist. In any event, we will notify artists at least 1 month in advance of rate changes occurring after registration.
The services and tools offered by Artagal include :
for the artist :
presentation of the artist
presentation of artist’s works on the portal artagal.com
possibility of editing / modifiying the details of works
promotion of the artist on the portal artagal.com
creation of the artist’s personal site: http:// Artistpseudo.artagal.com
contact form between the artist and the visitors and potential buyers
guestbook
possibility of adding, modifying, deleting the presented works
possibility of editing the artist’s profile and personal information
possibility to accept or not to propose personal works as illustrations of E-cards usable by Internet users.
for the visitor :
the possibility to view the works exhibited by artists on the portal http://www, artagal.com, and on their personal websites.
the possibility to sign the guestbook of the exhibiting artists;
the possibility to send E-cards illustrated by the works of artists who have accepted this use of their works;
the possibility to contact the artists by means of the contact form;
for buyers :
the possibility to view the works and their details exhibited on the portal artagal.com and on the personal sites of artists;
the possibility to view the price demanded by the artist in the work details for the work envisaged;
the possibility of making a purchase offer to the artist by means of the form “make a purchase offer”.
Article 4 : The sale of works on Artagal
Artagal is not a sales intermediary and will take no commission on sales made on the works presented on the site. The sale process regards only the artist and the buyer.
Artagal offers no guarantee as to the transactions and can not be held responsible for any damages arising therefrom, be they due to faulty communications, to false statements made by the artist or the buyer or any other representation which does not reflect reality, or to incidents during the transport of works from the artist to the buyer or to any other factor which must be settled by agreement of the parties concerned, artist and buyer.
In the case of a sale, the artist and the purchaser establish a direct relationship as well as the details of the transaction concerning them, without any intervention and responsibility of Artagal. We advise the parties of the transaction to make the necessary verifications.
Article 5 : Intellectual Property of Artagal
By publishing your work on the site Artagal, you grant Artagal the right to use, reproduce, display, distribute, promote your work in a way that is specific to the structure of the site or in any other manner that Artagal finds adequate for its purposes of promoting the site, without changing the content of your work.
All elements of the site Artagal are protected by the laws on intellectual property. No material from this site may be copied, reproduced, modified, or published in any manner whatsoever, on any medium whatsoever, in part or in full, without the prior written permission of Artagal.
If third parties reproduce the works presented on the site Artagal without the express consent of the artist or of Artagal, or if they reproduce, without being authorized by Artagal, any document presented on or linked to Artagal or they download in any manner whatsoever works and materials on the site in order to create a collection, compilation, database, etc, without the express written permission of Artagal, this constitutes a counterfeit that brings about the civil and penal liability of the counterfeiter and legal proceedings.
Article 6 : Copyright of the artists
All works presented on Artagal belong to their author, who is the only one who can authorize the reproduction of his work on Artagal. The artist allows Artagal to present his work through the creation of his account and by uploading the photographic reproductions of his work that will be displayed on the site http://www.artagal.com and on the website of the artist, http://Artistpseudo.artagal.com. By completing the registration form and by transmitting the reproductions of his works to Artagal the artist declares and accepts that:
- He is the sole owner of all rights as to the content of these works;
- That the public presentation of these works and their use by Artagal does no harm the rights of third parties regarding such works;
- That any claims that third parties may have with respect to the respective works is unfounded;
- In the case of justified claims by third parties, the artist is the only one to be held responsible for any damages
- Artagal can not be held liable for fraud by users of copyright belonging to third parties.
Any presentation of a work on Artagal.com will be made taking into account the statement of the artist proposing the work regarding the aspects mentioned above, contained and accepted in the registration of the artist on Artagal. com.
The exhibiting artists declare and accept that they use Artagal at their own risk and that Artagal can not be held liable for the fraudulent actions of third parties regarding the content of the site.
The users (visitors) of Artagal undertake to respect the intellectual property of Artagal and the copyright of the exhibiting artists and not to reproduce in any way and for any purpose whatsoever the works and materials presented on Artagal.com.
The service is provided on the basis of an "as is" service and is accessible according to availability. Artagal makes no warranties, express or implied, and including, but not limited to warranties as to the quality and consistency of service to a specific purpose, and non infringement of the terms of use by its users.
Artagal does not guarantee that the service will meet your expectations, that the service will be uninterrupted, timely, secure, or without error, that the results that can be obtained using the service will be accurate or reliable or that the quality of all products, services, information obtained by you from the service will meet your expectations, and that defects in the software, if any, will be corrected.
You agree that any material downloaded or obtained in any other way while using the service are at your own risk. Artagal will not be held responsible for any damage to your computer or data loss consecutive to downloading these materials.
Article 7 : Accuracy and quality of your information
The artist agrees to provide:
- Quality images of their works; the badly cropped or framed images, images including inlays such as: date, internet address, e-mail, price etc.., photos of too low quality: low resolution, blur, visible flash can be refused by the webmaster;
- Accurate information regarding their works, as requested in the inscription form (details: size, technique, price, status - available, sold, private collection, etc).
The artist undertakes to change as soon as possible the status of his works (availability).
The buyer and the artist undertake, in the event of a sale, to provide accurate and truthful information, that is likely to lead to the completion of the transaction.
Any content proved false, abusive, discriminating, misleading may result in exclusion from the site permanently and without notice.
Artagal can not be held responsible for any inaccuracies or omissions relating to information published on the site or for any damage resulting from fraudulent intrusion by a third party causing a change in the information available on the site or for any damages, direct or indirect, whatever the cause, origin, nature or consequences resulting from the use of its site or inability to access, use other sites that are linked by hypertext links.
Artagal will endeavor to ensure accuracy and to maintain a constant update of information published on this site. It reserves the right to correct or amend its content at any time without notice. However, it can not guarantee the accuracy or completeness of information, the responsibility resting with the artist.
Article 8 : The Charter of Conduct
By using the services of Artagal, you agree to be correct in your words, especially in the contact forms, guestbook and messages related to E-cards.
You will not use this site for illegal purposes or in a manner that can hurt the feelings or can affect in any other way the rights of third parties.
You agree not to transmit, through the tools offered by Artagal (contact form, guestbook, E-cards) information or messages with a content that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, containing explicit or graphic descriptions of sexual acts (including but not limited to sexual language of violent or threatening nature directed against another individual or group of individuals), victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnic origin, age or disability constitutes unsolicited advertising or unauthorized, bulk or junk e-mail ( "Spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files or programs which are designed or intended to disrupt, damage or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to data or other information from a third party, or steals the identity of any person or entity, including a representative of Artagal.
You also agree that you will not collect information on users or members of this site and will not use this information for the purpose of transmitting or facilitating transmission of unsolicited mass e-mail or communications.
Article 9 : Right of access
Pursuant to the Freedom of Information Act No. 78-17 of 6 January 1978, you have a right of consultation, modification and deletion of all information provided to Artagal. You can exercise this right in the “my account” page and by contacting us at: webmaster@artagal.com
Article 10 : Modification - Interruption of the Service
Artagal reserves the right, at any time, to modify or discontinue, temporarily or permanently, all or part of the service on the site without giving you prior notice. Artagal shall not be liable to you or to any third party for any modification, suspension or interruption of service on the site.
You agree that Artagal has the right to filter all e-mail message (email), that the webmaster considers as spam or as a mailing sent to artists from the site Artagal. You agree that Artagal shall not be liable to you or to the artist for any message filtering.
Article 11 : Exclusion and termination
The failure to observe any of these terms and conditions will result in immediate disqualification without notice of the author.
You agree that Artagal has the right to terminate all or part of the right of access to the site, or to cancel your account and access and the right to remove or relocate any content on the Service, for any reason, in particular due to lack of use after a period of one year, or if Artgal believes that you have violated or acted inconsistently with the terms of use. Artagal may unilaterally and at any time discontinue providing the service. You agree that any termination of your access to the Service under the terms of the present terms and conditions may be effected without prior notice, and acknowledge and agree that Artagal has the right to deactivate or remove at any time with immediate effect your site and images and / or ban any further access to this service. Further, you agree that Artagal shall not be liable to you or to third-parties for any termination of your access to the Service.
Article 12 : Sites of third parties
Artagal may provide, or third parties may include links to other websites or other Internet sources. You agree that Artagal has no control over such sites and resources and that Artagal can not be held responsible for the availability of such external sites or resources, and can not bear any responsibility for the content, advertising, products, services or other materials on or available from such sites or resources.
You agree that Artagal can not be held responsible for any damages or losses, true or alleged, in connection with the use or from having trusted the content, goods or services available on such external sites or sources.
If as part of a navigation carried out on the site, you arrive on sites, pages or forums whose title and / or content are offensive or improper, especially given the fact that Artagal does not control the content of such sites and resources, you agree that Artagal shall not be held responsible for the content of these sites and that the inclusion of such a link does not associate Artagal with this sites or their operators.