You have read and agree to the following Terms of Use
(Terms of Use: artistsinfo.bpweb.net/artistsinfo-dev, revised on 10/01/2013)
These Terms of Use only apply to the entire contents of the present art directory website under the domain: artistsinfo.bpweb.net/artistsinfo-dev.
artistsinfo.bpweb.net/artistsinfo-dev is a network of artists and designers accessible to all internet users. The directory can be accessed and used free of charge.
We ask all Members to carefully read the articles below before participating with artistsinfo.bpweb.net/artistsinfo-dev, in the development of a responsible and high quality site. In becoming a Member of artistsinfo.bpweb.net/artistsinfo-dev, you undertake to comply with our Terms of Use. If you do not accept our Terms of Use, you should not register with artistsinfo.bpweb.net/artistsinfo-dev. Registration implies full and complete acceptance of our Terms of Use by the Member. The Member acknowledges that he/she is bound by all clauses of the Terms of Use and represents and warrants that he/she has the right, authority and capacity to enter into the Terms of Use and to abide by all of its terms and conditions.
Article 1. Definitions
The list of capitalised words below has been defined for the purposes of these Terms of Use as follows:
" artistsinfo.bpweb.net/artistsinfo-dev " refers to artistsinfo.bpweb.net/artistsinfo-dev online art directory, the purpose of which is to facilitate online networking, sales and opportunities.
"Subscription" refers to a paid fixed rate giving inclusion on the site for 12 months, renewable after the purchased period where the subscription has been purchased using a bank card or any other method of payment listed by artistsinfo.bpweb.net/artistsinfo-dev and allowing continuing debits to be made.
"Member(s)" refers to any or all valid registered users of a artistsinfo.bpweb.net/artistsinfo-dev subscriber.
“User(s)” refers to any member of the public who uses artistsinfo.bpweb.net/artistsinfo-dev to contact/purchase from Members.
"Terms of Use" refers to this contract.
Article 2. Access and registration for artistsinfo.bpweb.net/artistsinfo-dev services
2.1 Terms of access and registration
The equipment (computer, software, telecommunications systems, etc.) used to allow access to Services shall be the responsibility of the Member, as shall the telecommunications costs incurred by its use.
If a Member disseminates or uses these elements in a manner deemed contrary to its original purpose, artistsinfo.bpweb.net/artistsinfo-dev will terminate the Member's Account.
The Member shall be solely liable for the use of this identification information by third parties. The Member holds artistsinfo.bpweb.net/artistsinfo-dev harmless against all claims or damages relating to the identification information. In addition, as artistsinfo.bpweb.net/artistsinfo-dev does not have the obligation or the technical means to check the identity of every person registered with its Services, artistsinfo.bpweb.net/artistsinfo-dev is not liable in the event a Member's identity is used by someone else. If the Member has reason to believe that a person is using his or her Member identification information or account, he or she must inform artistsinfo.bpweb.net/artistsinfo-dev immediately.
For security and quality purposes, artistsinfo.bpweb.net/artistsinfo-dev will deactivate the accounts of Members who have not used the Service for a period of 12 months or more, and for whom no subscription remains valid. This 12-month period referred to shall begin on the date that the subscription term expires.
2.2 Right of withdrawal
The Member is informed that under the United Kingdom Consumer Protection (Distance Selling) Regulations 2000 he/she enjoys a period of seven working days from the time he/she accepts the Services to exercise his or her right of withdrawal, without penalty and without the need to provide any reason. However, the right of withdrawal may no longer be exercised once the Member has accessed the Services.
Article 3. Use of artistsinfo.bpweb.net/artistsinfo-dev
Upon registration, and after acquiring the necessary subscription, the Member can take advantage of access to Services available on artistsinfo.bpweb.net/artistsinfo-dev.
3.1 Undertakings of artistsinfo.bpweb.net/artistsinfo-dev
artistsinfo.bpweb.net/artistsinfo-dev shall remotely and by electronic means supply an online art directory via the Internet. artistsinfo.bpweb.net/artistsinfo-dev’s purpose is not to advise on or broker contracts, sales or agreements. artistsinfo.bpweb.net/artistsinfo-dev’s activity does not include organising meetings or supplying access to the Internet network. Consequently, artistsinfo.bpweb.net/artistsinfo-dev has no legal obligation to identify Members when they connect to the artistsinfo.bpweb.net/artistsinfo-dev website or to monitor content published by Members. Because artistsinfo.bpweb.net/artistsinfo-dev is technically unable to provide such services, artistsinfo.bpweb.net/artistsinfo-dev does not undertake contractually to identify Members or to moderate the content published by the Members under their sole responsibility.
The copyright of all images remains that of the Member and must not be used or reproduced without their consent. artistsinfo.bpweb.net/artistsinfo-dev are not responsible in the event of any images being unlawfully reproduced by any user or Member
3.2 Undertakings of the Members
The provisions of this Article shall apply without prejudice to the Article "Termination".
When using the Services, the Member undertakes in particular to comply with contract law, the rights of third parties and these Terms of Use.
3.2.1 General Obligations
The Member has the following General Obligations:
To act fairly in respect of artistsinfo.bpweb.net/artistsinfo-dev, users and other Members.
To respect the intellectual property rights relating to content supplied by artistsinfo.bpweb.net/artistsinfo-dev, other Members and/or third parties in connection with the use of the Services.
To understand that he/she defines solely the boundaries of his/her privacy and that it is his/her responsibility only to communicate to artistsinfo.bpweb.net/artistsinfo-dev and to other Members and users such personal information, the dissemination of which he/she considers cannot cause him/her any breach of privacy.
3.2.2 Essential Obligations
The Member has the following Essential Obligations:
Images on your section must be relevant to you, the Member
Members may not display third party advertising or show any work which is not their own
The contact details provided for the secure emailing service provided for each Member must be those of the Member, not those of a representing third party.
All work for sale must be priced without added commission from a third party.
Members must not post, disseminate, or broadcast in any form whatsoever inaccurate or false information or content.
Members must not make comments, reproduce or disseminate in any form whatsoever content that contravenes the rights of others or that is defamatory, injurious, obscene, offensive, violent or inciting violence, political, racist or xenophobic and, in general, any content that is contrary to the purpose of artistsinfo.bpweb.net/artistsinfo-dev, current rules and laws in force or acceptable norms and standards. In particular, images, photographs, videos and any other information in terms of data or files supplied by a artistsinfo.bpweb.net/artistsinfo-dev Member must be decent and refer exclusively to the Member or their work or to a third party from whom the Member has expressly obtained consent and are the sole responsibility of the Member concerned.
Members must not post, disseminate, or broadcast in any form whatsoever information or content that has the effect of diminishing, disorganising or preventing normal usage of the Services, or of interrupting and/or slowing down normal circulation of communications between Members and users through the Services, such information comprising, for example, software, worms, viruses, software bombs, etc. artistsinfo.bpweb.net/artistsinfo-dev reserves the right to delete messages sent in mass mailings by a Member or user in order to maintain the quality of use of the Services provided to its Members.
Members must not post, disseminate, or broadcast in any form whatsoever information or content that incorporates links to third-party websites that are illegal in character, contrary to what is generally acceptable and/or not in accordance with the principles of artistsinfo.bpweb.net/artistsinfo-dev.
Members must not post, disseminate or reproduce in any way any copyrighted material, trademarks or other intellectual property or proprietary information without obtaining the prior written consent of the owner of such proprietary works.
Members must use the Services in accordance with the purpose set out in these Terms of Use.
Failure to comply with the Essential Obligations as set out above shall constitute a serious breach by the Member of his/her obligations. Without prejudice to the provisions of the Article "Termination", artistsinfo.bpweb.net/artistsinfo-dev shall, where the Member fails to comply with one or more of these Essential Obligations, be entitled to terminate the contract and will definitively delete the account of the Member concerned.
Article 4. Payment terms
The activation of a artistsinfo.bpweb.net/artistsinfo-dev subscription on a member's account occurs as soon as, or a few moments after a valid transaction has been completed (successful online transaction).
The Member can contact artistsinfo.bpweb.net/artistsinfo-dev at any time to cancel their subscription. The cancellation will take effect from the expiry date given for the active pass, in accordance with Article 8, 'Termination', below.
Upon expiration of a subscription, such subscription shall, except where the Member notifies termination thereof to artistsinfo.bpweb.net/artistsinfo-dev at least 48 hours before the subscription's expiration date, be renewed on the same subscription package. In such cases, the renewal shall be performed in accordance with the manner of payment originally chosen by the Member, at the price rate of the subscription to which the Member originally subscribed. For the avoidance of all doubt Members can avoid having their subscription auto-renewed if they contact artistsinfo.bpweb.net/artistsinfo-dev 48 hours before their subscription expiration date to terminate their subscription.
The Member can cancel their subscription at any time, with termination taking effect from the end of the validity period covered by the last monthly payment made.
Article 5. Personal privacy and protection of Member data
artistsinfo.bpweb.net/artistsinfo-dev upholds the strictest of standards with respect to protection of privacy and of personal information. Our technical teams do their utmost to ensure the safety of artistsinfo.bpweb.net/artistsinfo-dev systems. Internet security is a complex issue and no system can be considered 100% secure. Should a security breach occur artistsinfo.bpweb.net/artistsinfo-dev will endeavour to act as fast as possible to remedy the problem.
5.1 When and why do we gather information about you?
The Member is asked to supply information about themselves when he/she registers with the Service. Items of information are mandatory in order to gain access to Services.
5.2 What sort of information do we gather?
Personal information gathered by artistsinfo.bpweb.net/artistsinfo-dev can include your name, mailing and/or email address, fixed line and/or mobile telephone numbers, bank information, and your use of the Service.
Furthermore, certain non-personal information may also be gathered, such as the version of the Member's and any other visitor's web browser (Netscape, Internet Explorer, etc.), the operating system (Windows 98, Mac Os, etc.) and the IP address of the computer from which they are visiting.
Finally, artistsinfo.bpweb.net/artistsinfo-dev uses cookies, designed to store information used to identify the Member/user while he/she is browsing the Artists Info website, in order to allow them to continue browsing without having to re-enter this information for each new page. The Member/user always has the option of preventing the use of cookies by modifying the options of his/her web browser.
5.3 Who has access to your information?
The information gathered about you when you register with artistsinfo.bpweb.net/artistsinfo-dev and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity. The personal information you provide at the time of registration will not be accessible by third parties, nor passed on, sold or exchanged, except in the cases named below and subject to your prior information and agreement, or in assumption of your non opposition hereto.
The Member explicitly authorises artistsinfo.bpweb.net/artistsinfo-dev to transfer the information you provided to artistsinfo.bpweb.net/artistsinfo-dev and the benefits of the above mentioned rights to its partners and eventual successors of artistsinfo.bpweb.net/artistsinfo-dev
If you no longer wish for artistsinfo.bpweb.net/artistsinfo-dev or its partners to reproduce or broadcast the information comprised in your section, you can terminate your artistsinfo.bpweb.net/artistsinfo-dev account following the conditions foreseen in the Article "Termination". Since this information is comprised of your gallery, the termination will only take effect upon the next update or version of these communications (printed, press, audiovisual, or electronic) containing your information.
Article 6. Intellectual property
6.1 Content broadcast by artistsinfo.bpweb.net/artistsinfo-dev
The logos, graphics, photographs, animations, videos and texts featured on the artistsinfo.bpweb.net/artistsinfo-dev website and in the artistsinfo.bpweb.net/artistsinfo-dev Service are the intellectual property of artistsinfo.bpweb.net/artistsinfo-dev or its partners and may not be reproduced, used or represented without the express permission of artistsinfo.bpweb.net/artistsinfo-dev or its partners, under threat of legal action.
The rights of use granted by artistsinfo.bpweb.net/artistsinfo-dev to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) for the duration for of the Member's membership with artistsinfo.bpweb.net/artistsinfo-dev. Any other use by the Member is prohibited without the authorisation of artistsinfo.bpweb.net/artistsinfo-dev.
In particular, the Member is prohibited from modifying, copying, reproducing, disseminating, transmitting and exploiting for commercial gain and/or distributing in any form whatsoever the Services, the artistsinfo.bpweb.net/artistsinfo-dev website pages or software codes for elements comprising the artistsinfo.bpweb.net/artistsinfo-dev Services and website.
6.2 Content provided by Members
The Member grants artistsinfo.bpweb.net/artistsinfo-dev a licence to use the intellectual property rights attached to the content provided by the Member for the purpose of broadcasting on the artistsinfo.bpweb.net/artistsinfo-dev website.
This licence in particular incorporates the right for artistsinfo.bpweb.net/artistsinfo-dev to reproduce, represent, adapt, translate, scan, use for publicity purposes, commercial or non-commercial, sub-licence or assign the content concerning the Member (information, images, videos, descriptions, etc.) on all or part of the artistsinfo.bpweb.net/artistsinfo-dev Services (on the artistsinfo.bpweb.net/artistsinfo-dev website, by email, by audio-tel) and/or in mailings sent by artistsinfo.bpweb.net/artistsinfo-dev and, in a general manner, on all distribution media, in particular electronic (email, text messaging, MMS, WAP, Internet, CD-Rom or DVD-Rom).
The Member expressly authorises artistsinfo.bpweb.net/artistsinfo-dev to modify this content in order to conform to the look and feel of the artistsinfo.bpweb.net/artistsinfo-dev Services and/or other communications media above, and/or to make this content compatible with its technical processes or appropriate media formats. These rights are worldwide and exist for the entirety of the agreement set out in these terms and conditions between the Member and artistsinfo.bpweb.net/artistsinfo-dev.
Article 7. Liabilities and Warranties
7.1 Functioning of the artistsinfo.bpweb.net/artistsinfo-dev website and Services
To use the Services, the Member must have the necessary hardware equipment and software and the necessary parameters required to properly use artistsinfo.bpweb.net/artistsinfo-dev: Internet Explorer 6 browser or equivalent, Java script functions enabled, cookies enabled, and pop-ups enabled.
artistsinfo.bpweb.net/artistsinfo-dev does not guarantee that the Services will function if the Member activates a pop-up killing tool. In this case, the function should be deactivated before using the Service.
artistsinfo.bpweb.net/artistsinfo-dev does not guarantee that the Services will be usable if the Member's internet service provider is unable to provide its services properly. In this context, artistsinfo.bpweb.net/artistsinfo-dev cannot be held responsible for the non-functioning, unavailability or adverse conditions of usage of the artistsinfo.bpweb.net/artistsinfo-dev website resulting from incorrect hardware, problems experienced by the Member's internet service provider or blockages on the Internet networks or for all other reasons outside the sphere of influence of artistsinfo.bpweb.net/artistsinfo-dev.
Under these conditions, artistsinfo.bpweb.net/artistsinfo-dev does not guarantee that the Services shall function without interruption or error. In particular, the use of the artistsinfo.bpweb.net/artistsinfo-dev website may be interrupted at any time for the purposes of maintenance, updates or technical improvements, or to develop its content and/or presentation. Whenever possible, artistsinfo.bpweb.net/artistsinfo-dev shall inform its Members prior to maintenance work or updates.
7.2 Information and content supplied by the Members and indemnity
The information supplied by a artistsinfo.bpweb.net/artistsinfo-dev Member must be accurate and conform to the reality. The consequences of disclosing information on the works or services of the Member or of other Members are the sole responsibility of the Member concerned. It is the Member who takes the initiative to divulge and disseminate via artistsinfo.bpweb.net/artistsinfo-dev personal information, data, text, content and images. Consequently, he/she waives all recourse against artistsinfo.bpweb.net/artistsinfo-dev, notably on the basis of any possible damage to the Member's right to his/her honour and reputation, or the Member's privacy, resulting from the dissemination or revelation of information concerning the Member under the conditions foreseen by this agreement, in particular by Article 5 "Personal Privacy and Protection of Member Data," since the Member has given his/her prior, free and express consent to such revelation through his/her registering with the Service and in application of these Terms of Use.
artistsinfo.bpweb.net/artistsinfo-dev cannot be held liable for (and the consequences of) the accuracy or inaccuracy of the information and content provided by other Members, website visitors and/or the Member himself/herself. Correspondingly, artistsinfo.bpweb.net/artistsinfo-dev cannot be held responsible for content distributed by a Member that might contravene the rights of one or more other Members, users or third parties.
The quality demanded of the artistsinfo.bpweb.net/artistsinfo-dev Service by both artistsinfo.bpweb.net/artistsinfo-dev and its Members and users necessitates compliance with certain ethical standards in Members' expression and behaviour, respect of third parties' rights, and compliance with applicable laws and regulations. In the scope of this requirement for quality, individual responsibility and ethics, artistsinfo.bpweb.net/artistsinfo-dev allows Members to notify artistsinfo.bpweb.net/artistsinfo-dev, on the artistsinfo.bpweb.net/artistsinfo-dev website, of the data (photograph, text, video), behaviour, or words of a Member or user which seem to them to infringe applicable laws or regulations, the image or the purpose of the artistsinfo.bpweb.net/artistsinfo-dev Service, the rights of any third party, or general good standards. Consequently, Members acknowledge and accept that the data they provide, as well as their behaviour and words on the Service, may be notified by other Members, moderated and/or monitored by artistsinfo.bpweb.net/artistsinfo-dev, on the basis of objective assessment criteria. Where such notification or monitoring reveals a breach by a Member of any applicable laws or regulations or of his/her contractual obligations, the provisions of these Terms of Use, in particular the Article "Termination", may be applied.
In the event that any damages are brought against artistsinfo.bpweb.net/artistsinfo-dev due to any actions by a Member or any user against the law or against these General Terms of Use, the Member or user concerned shall assume all responsibility.
7.3 Links
artistsinfo.bpweb.net/artistsinfo-dev can supply or third parties may include hypertext links to other websites other than the artistsinfo.bpweb.net/artistsinfo-dev website and to Internet sources. As artistsinfo.bpweb.net/artistsinfo-dev is unable to supervise these external sites and sources, it cannot be held responsible for the availability of these external sites and sources, and cannot be responsible for their content, advertising, products, Services or any other element made available on or from any of these external sites or sources. Any difficulty relating to a hypertext link must be submitted to the administrator or webmaster of the site to which it pertains. It should, furthermore, be noted that the consultation and/or utilisation of these external websites and sources are governed by their own Terms of Use.
Finally, if during the scope of using the artistsinfo.bpweb.net/artistsinfo-dev website a Member access sites, pages or forums of which the content and/or purpose constitutes a breach of the applicable law, the Member is required to cease consultation of the site concerned in order to avoid being held responsible for such breach.
7.4 Limitation of responsibility
artistsinfo.bpweb.net/artistsinfo-dev can be held responsible by a Member only where certain and definitive proof is adduced before the courts demonstrating a wrongful act committed by artistsinfo.bpweb.net/artistsinfo-dev having caused that Member damage.
In this regard, artistsinfo.bpweb.net/artistsinfo-dev shall in no circumstances be liable for direct or indirect damage to the Member where the Member's behaviour contributed to the occurrence of the damage he/she claims to have suffered. By way of illustration, artistsinfo.bpweb.net/artistsinfo-dev shall not be liable for direct or indirect damage suffered by the Member in the event of non-performance or incorrect performance of these Terms of Use by the Member.
To the fullest extent permitted by applicable law, artistsinfo.bpweb.net/artistsinfo-dev excludes all representations, warranties, conditions and other terms (including, without limitation, express or implied warranties of satisfactory quality, fitness for a particular purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to the artistsinfo.bpweb.net/artistsinfo-dev website.
artistsinfo.bpweb.net/artistsinfo-dev does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through the Service by artistsinfo.bpweb.net/artistsinfo-dev ‘s partners or any Member or any other person or entity. Members acknowledge that any reliance on such opinion, Member profile, images, statement or information is at their own risk. artistsinfo.bpweb.net/artistsinfo-dev is not responsible for the conduct, whether online or offline of its Members. Please use caution and common sense when using the artistsinfo.bpweb.net/artistsinfo-dev website and the Service.
Nothing in these Terms of Use shall exclude or limit artistsinfo.bpweb.net/artistsinfo-dev’s liability for (i) death or personal injury caused by negligence; (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
Article 8. Termination
A Member may at any time and without the need to provide any reason end his/her registration with artistsinfo.bpweb.net/artistsinfo-dev by requesting the closure of his/her account. Such request shall be deemed effective from the first working day after receipt by artistsinfo.bpweb.net/artistsinfo-dev of the request for closure of the account concerned. Such a request does not trigger reimbursement of, if appropriate, any time remaining on the Member's subscription.
Termination of a subscription, by a Member, shall be effective on the applicable subscription's expiration date provided the Member has contacted artistsinfo.bpweb.net/artistsinfo-dev at least 48 hours before their subscription expiration date in order to terminate the subscription.
Upon termination, the Member must refrain from all associated use with artistsinfo.bpweb.net/artistsinfo-dev Membership by removing all appropriate artistsinfo.bpweb.net/artistsinfo-dev links, logos and endorsements from their printed and online material. The failure to do so is a breach of our policy.
Without prejudice to the other provisions hereof, where the Member commits a serious breach, artistsinfo.bpweb.net/artistsinfo-dev will terminate the Member's account without prior notification or warning. Such termination shall have the same effects as a termination by the Member.
Without prejudice to the other provisions hereof, where the Member commits a breach, artistsinfo.bpweb.net/artistsinfo-dev will terminate the Member's account seven (7) days after having sent to the Member an email requesting unsuccessfully that he or she comply with these Terms of Use.
Such termination shall take effect without prejudice to any damages that artistsinfo.bpweb.net/artistsinfo-dev might claim from the Member or his/her beneficiaries and legal representatives, in compensation of the harm suffered as a result of such breaches.
The Member will be informed by email of the termination, or the confirmation of the termination, of his/her account. Data relating to the Member will be destroyed at his/her request or upon expiration of the legal time period following the termination of the Member's account.
In exceptional circumstances, Artists Info may need to request the termination of a Members account where artistsinfo.bpweb.net/artistsinfo-dev feels the Member should not have been invited to join even though they have not breeched any Terms of Use. In this instance, notification will be given and reimbursement offered to the value of the remaining current term.
Article 9. Agreement between the Member and artistsinfo.bpweb.net/artistsinfo-dev
If any of the provisions of these Terms of Use is declared void in application of a law, a regulation, or a final decision of a court having proper jurisdiction, all other provisions shall remain fully in effect. Furthermore, failure by a Party to take action in respect of the breach by the other Party of any provisions of these Terms of Use, shall not be interpreted as constituting a waiver by said first Party of the right to take action in future in respect of such a breach.
Article 10. Amendments by artistsinfo.bpweb.net/artistsinfo-dev to the Terms of Use
artistsinfo.bpweb.net/artistsinfo-dev may modify these Terms of Use at any time. The Member will be informed of the nature of these modifications as soon as they are posted on artistsinfo.bpweb.net/artistsinfo-dev. The modifications shall take effect one month after their posting on the artistsinfo.bpweb.net/artistsinfo-dev website. For Members registered after any modifications have been put online, these modifications shall be immediately applicable, as the Member will have expressly accepted them when the account was opened.
Otherwise, the member shall have several options:
10.1 The subscription originally obtained by the Member has not yet expired:
In such a case, the Member may demand that the Terms of Use in force at the time he/she obtained the subscription continue to apply, until the original expiration date of the subscription.
10.2 The initial term of the subscription obtained by the Member has expired:
In such a case, the Member may implement the procedure referred to in the Article "Termination" at any time during the four (4) months following the date on which the new Terms of Use take effect. After this four (4) month period, the new Terms of Use shall be deemed to have been accepted by the Member unless the Member has manifested his/her intention to terminate his/her account.
Article 11. Jurisdiction and applicable law
These Terms and Conditions are governed and will be interpreted in accordance with the laws of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any claim or dispute which might arise out of or in connection with these terms and conditions. In the event of dispute as to the meaning of a term or provision of these Terms of Use, the language of interpretation shall be English.
