Terms Of Service
The following Terms of service outline your obligations when using and uploading to the Art Squared website.
PLEASE CAREFULLY READ THE TERMS AND CONDITIONS OF THIS AGREEMENT. BY REGISTERING WITH ARTSQUARED.CO.UK, YOU ARE CONSENTING TO BE BOUND BY AND ARE BECOMING A PARTY TO THIS AGREEMENT WITH RESPECT TO THE WORK YOU ARE CURRENTLY SUBMITTING AS WELL AS WITH RESPECT TO WORK YOU HAVE SUBMITTED IN THE PAST AND MAY SUBMIT IN THE FUTURE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT REGISTER AND DO NOT UPLOAD ANY MATERIALS TO THE ART SQUARED SITE.
This agreement is between you the Artist (as you will be known as in this agreement from here on in) and Art Squared concerning the uploading of Artist’s visual material (the “Artist Materials” defined below) to the Artsquared.co.uk website to which the contents in whole or in part of Artsquared.co.uk are assigned (the “Art Squared Site”) and concerning Art Squared use of Artist Materials on the Art Squared Site and within the Art Squared printed publications(s). The Artist and Art Squared acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Artist Materials and any former submissions of Artist Materials:
THIS AGREEMENT
1. This Agreement starts on the date that the Artist Materials are initially uploaded to the Art Squared Site and continues until either Artist or Art Squared terminates this Agreement, with or without cause or by the removal of Artist Materials for the purpose of termination all subject to the SURVIVAL section of this agreement.
ARTIST OWNERSHIP
2. Artist at all times retains all right to the Artist Materials provided by Artist hereunder (including, without limitation, the copyrights in and to the Artist Materials), subject to the non-exclusive rights in the licenses granted to Art Squared under this Agreement. Artist is free to grant similar rights to others during and after the Term of this Agreement.
By uploading, submitting or otherwise disclosing or distributing Content for display or inclusion on the Site, artist represent and warrant that you own all rights in the Content.
LICENSE TO USE ARTIST MATERIALS
3. As and when Artist Materials are uploaded or emailed to the Art Squared Site, Artist grants to Art Squared a worldwide, royalty-free, non-exclusive license to do the following things during the Term:
to display, modify, adapt, change or otherwise alter the Artist Materials, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital) or other means, and electronically, print or otherwise publish any or all of the Artist Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented;
the right to sublicense to any other person or company any of the licensed rights in the Artist Materials, or any part of them, subject to the terms and conditions of this Agreement.
Artist acknowledges that Artist will not have any right, title, or interest in any other materials with which Artist Materials may be combined or into which all or any portion of Artist Materials may be incorporated.
During the Term, Art Squared licenses under this Agreement include the right to use any part of the Artist Materials in the promotion, advertising or marketing of the Art Squared Sites or printed publications.
Artist also grants to Art Squared:
a worldwide, royalty-free, non-exclusive license to use Artist’s name, photograph and biographical materials in connection with the distribution, exploitation, promotion, marketing and advertising of the Artist Materials, and the Art Squared Site and any of the Art Squared publications.
LIMITATION OF RIGHTS
4.The rights and licenses granted to Art Squared under this Agreement require Art Squared to obtain Artist consent before Art Squared makes any commercial agreement with anyone else to separately buy, license, re-sell or re-publish or commercially use any Artist Materials not in association with Art Squared.
No additional consent is required for any other licensed uses under this Agreement of Artist Materials either as part of the Art Squared Site or in connection the Art Squared Site or any of its publications and/or for uses of the Artist Materials made at the discretion of a visitor to the Art Squared Site or other users under agreements with Art Squared.
REPRESENTATIONS AND WARRANTIES
5. Artist represents and warrants that:
Artist has the full right and power to enter into and perform this Agreement and to grant Art Squared all rights to use the Artist Materials as outlined in this Agreement.
if Artist is a minor, Artist hereby warrants that Artist has the legal right to execute this Agreement on behalf of the minor artist and guarantee such person’s performance of the terms of this Agreement.
Artist has obtained all necessary third-party consents, rights, licenses and permissions, if any, required for Artist to enter into and perform this Agreement and to grant Art Squared the rights to use the Artist Materials set out in this Agreement,
the Artist Materials do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party,
the Artist Materials do not and will not violate any statute, ordinance, law or regulation,
all information that Artist has provided or will provide to Art Squared is true and complete,
the Artist Materials do not and will not contain any viruses or other programming routines that may detrimentally interfere with computer systems or data, whether those of Art Squared or any third party, and
These warranties shall survive any termination of this Agreement.
Artist is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Artist Materials.
INDEMNITY
6. Artist agrees to defend, indemnify, reimburse and hold Art Squared and its and their members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees and assigns harmless from and against any and all liability, loss, damages, judgments, costs and expenses (including reasonable attorney’s fees, costs and expenses and court costs) arising out of or related to:
Artist’s use of the Art Squared Site;
any breach or alleged breach of Artist’s representations and warranties and/or any breach, alleged breach or violation of the notices, terms and conditions of this Agreement; and
Artist’s violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Artist Materials as provided in this Agreement.
NO WARRANTY, NO LIABILITY FOR THIRD PARTY USE.
7 To the maximum extent permitted by applicable Law, Art Squared Disclaims all warranties, express or implied, including but not limited to uninterrupted or continuous availability of the Art Squared site.
Art Squared Disclaims all responsibility and liability for any third-party use of the Artists material made available on the Art squared website or any of its publications by the artist pursuant to the terms of this Agreement. Artist shall be solely responsible for seeking relief for any unauthorised use of artist material by a third-party, and not from Art Squared. This means, among other things, that if another person obtains Artist materials from Art Squared (whether or not with Art Squared’ permission) and uses those materials in any way not authorised by the Licenses granted under this agreement artist shall seek redress or recovery from the other person and not Art Squared and will not hold Art squared responsible or liable for such unauthorised use.
COPYRIGHT AND TRADEMARKS
8 Art Squared, the Art squared logos and mascots, and the layout and design of the Art Squared Site and printed publications, among other marks that may appear on the Art Squared Site and printed publications are trademarks of Art Squared. Other trademarks and service marks on the Art Squared Site may be the property of the advertisers, content partners and/or providers, or other third parties. Artist may not use any of the Art Squared any of the stated above without Art Squared prior written permission, and Artist may not use any third-party marks without the third party’s prior written permission.
AMENDMENTS
9 Art Squared reserves the right to amend the terms of this Agreement from time to time in its sole discretion.
SURVIVAL
10 Any provisions set in this agreement shall survive any termination of this Agreement.
In addition, any sublicenses granted to third parties for the display of Artist Materials on electronic or printed Material as per Section 3 shall survive any termination of this Agreement.
AVAILABILITY
11 This Service is provided by Art Squared on a “when available” basis and Art Squared reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that Art Squared is and will not be liable to you for any modification, suspension or discontinuance of the Service.
PRIVACY POLICY
Art Squared current privacy policy is available at our Privacy Policy page.
COMMUNITY USER CONDUCT
As a condition of use, you promise not to use the Art Squared site for any purpose that is unlawful or prohibited by these Terms, or any other purpose intended by Art Squared.
By entering into this agreement you agree not to use the Services:
to abuse, harass, threaten, impersonate or intimidate other Art Squared users;
to transmit, or cause to be transmitted, any Content that is infringing, libellous, abusive, defamatory, obscene, offensive, pornographic, profane, or otherwise violates any law or right of any third party;
for any illegal or unauthorised purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
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 Art Squared user;
to create or submit unwanted email (”Spam”) to any other Art Squared users or any URL;
to advertise to, or solicit to, any user to buy or sell any products or services;
attempt to impersonate another user or Art Squared staff member;
sell or otherwise transfer your profile.
Art Squared may remove any Content and Art Squared accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
To report Terms of Use abuse, please email see our contact us page
You are solely responsible for your interactions with other users of the Site. Art Squared reserves the right, but has no obligation, to monitor disputes between you and other users.
DEFINITIONS
As used in this Agreement, the term “Artist Materials” means any content uploaded or sent to the Art Squared Site which may include without limitation Artist’s name(s) (including professional names), trademarks, trade names, likenesses, photographs, biographical materials, artwork, liner notes, and other graphical, textual and any and all “skins,” computer-generated images or other artwork or images that Artist submits to Art Squared in any medium or format whatsoever.