Acceptance Of Terms
Visualart reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, Visualart will notify you by Posting an announcement on the site. What constitutes a material change will be Determined at Visualart's sole discretion. You shall be responsible for reviewing and becoming Familiar with any such modifications. Using any service or viewing any content following Notification of a material change to the terms shall constitute your acceptance of the Terms as modified.
Description Of Service
The Site is an online community which enables visual artists to post works and images, share comments, opinions and ideas, promote their work, participate in contests and promotions, and access and/ or purchase services from time to time made available on the Site ("Services"). Services include, but are not limited to, any service and/or content Visualart makes available to or performs for you, as well as the offering of any materials displayed, transmitted or performed on the Site or through the Services. Content ("Content") includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, works, images, photographs illustrations, and software.
Your access to and use of the Site may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the Site or any other reason within or outside the control of Visualart. Visualart reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. Visualart may also impose limits on certain features and Services or restrict your access to parts of or all of the Site and the Services without notice or liability. The Site should not be used or relied upon for storage of your works and images and you are directed to retain your own copies of all Content posted on the Site.
As a condition to using Services, you are required to open an account with Visualart and select a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your Visualart account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your Visualart account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the Site by a parent or legal guardian. If you have authorized a minor to use the Site, you are responsible for the online conduct of such minor, and the consequences of any misuse of the Site by the minor. Parents and legal guardians are warned that the Site does display works and images containing nudity and violence that may be offensive to some.
The Services are for use by individuals who are visual artists. Accounts may not be opened by galleries, agents and other market intermediaries and entities who represent visual artists or sell their works. Visual artists meaning designers, photographers, illustrators, graphic artists, web designers, multimedia designers, 3D artists or any other specific categories . If you do not qualify for registration you are not permitted to open an account or use the Services.
All Content posted or otherwise submitted to the Site is the sole responsibility of the account holder from which such Content originates and you acknowledge and agree that you, and not Visualart are entirely responsible for all Content that you post, or otherwise submit to the Site. Visualart does not control user submitted Content and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable.
As a condition of use, you agree not to use the Services for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably intended by Visualart. By way of example, and not as a limitation, you agree not to use the Services:
- To abuse, harass, threaten, impersonate or intimidate any person;
- To post or transmit, or cause to be posted or transmitted, any Content that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
- For any purpose (including posting or viewing Content) that is not permitted under the laws of the jurisdiction where you use the Services;
- 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 Visualart user;
- To create or transmit unwanted 'spam' to any person or any URL
- To create multiple accounts for the purpose of voting for or against users' works or images;
- With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) 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;
- To artificially inflate or alter vote counts, blog counts, comments, or any other Service or for the purpose of giving or receiving money or other compensation in exchange for votes, or for participating in any other organized effort that in any way artificially alters the results of Services;
- To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
- To sell or otherwise transfer your profile.
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under "COPYRIGHT COMPLAINTS" below) please send written notice to Visualart at email: contact[at]visualart[dot]ro
You are solely responsible for your interactions with other users of the Site. Visualart reserves the right, but has no obligation, to monitor disputes between you and other users.
Content Submitted Or Made Available For Inclusion On The Service
Please read this section carefully before posting, uploading, or otherwise submitting any Content to the site. By submitting content to the site you are granting Visualart a worldwide, Non exclusive license to use the content and are representing and warranting to Visualart .That the content is owned or duly licensed by you, and that Visualart is free to publish, distribute and use the content as hereinafter provided for without obtaining permission or license from any third party.
In consideration of Visualart's agreement to allow you to post Content to the Site and Visualart's agreement to publish such Content and for other valuable consideration the receipt and sufficiency of which are hereby expressly and irrevocably acknowledged, you agree with Visualart as follows:
12. You acknowledge that:
By uploading your works and images to Visualart you retain full rights to those works that you had prior to uploading.
By posting Content to the Site you hereby grant to Visualart a non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content in connection with the Services. This license will exist for the period during which the Content is posted on the Site.
The license granted to Visualart includes the right to use your Content fully or partially for promotional reasons and to distribute and redistribute your Content to other parties, web-sites, applications, and other entities, provided such Content is attributed to you in accordance with the credits (i.e. username, profile picture, photo title, descriptions, tags, and other accompanying information) if any and as appropriate, all as submitted to Visualart by you;
Visualart uses industry recognized software and measures to restrict the ability of users and visitors to the Site to make high resolution copies of Content posted on the Site. Notwithstanding this, Visualart makes no representation and warranty that Content posted on the Site will not be unlawfully copied without your consent. Visualart does not restrict the ability of users and visitors to the Site to make low resolution or 'thumbnail' copies of Content posted on the Site and you hereby expressly authorize Visualart to permit users and visitors to the Site to make such low resolution copies of your Content; and
Subject to the terms of the foregoing license, you retain full ownership or other rights in your Content and any intellectual property rights or other proprietary rights associated with your Content.
13. You represent and warrant that:
You are the owner of all rights, including all copy rights in and to all Content you submit to the site;
You have the full and complete right to enter into this agreement and to grant to Visualart the rights in the Content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by Visualart of the Content as contemplated herein; and
The Content does not defame any person and does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
You shall not have any right to terminate the permissions granted herein, nor to seek, obtain, or enforce any injunctive or other equitable relief against Visualart, all of which such rights are hereby expressly and irrevocably waived by you in favour of Visualart.
Fair Usage Policy
Visualart maintains a fair usage policy to ensure stable and fast service to all users.
Accounts are limited to a maximum of 20 new works/images per week and 2,000 works/images in total (approximately 60Gb of storage) and 1Gb of data transfer from profile and portfolios per month. Any additional usage may result in restrictions on your account including limited access to your portfolio or a requirement to upgrade if the limit is exceeded for several months.
Visualart respects the intellectual property rights of others. It is our policy to respond promptly any claim that Content posted on the Site infringes the copyright or other intellectual property infringement ("Infringement") of any person. Visualart will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Terms where it believes an Infringement has taken place, including removing or disabling access to the Content claimed to be infringing and/or terminating accounts and access to the Site.
To notify Visualart of a possible Infringement you must submit your notice in writing to the attention of "Copyright Infringement" care of contact[at]visualart[dot]ro and include in your notice a detailed description of the alleged Infringement sufficient to enable Visualart to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing your copyright.
If we remove or disable access to Content in response to a notice of Infringement, we will make reasonable attempts to contact the user who posted the affected Content. If you feel that your Content is not infringing, you may provide Visualart with a counter notice in writing to the attention of "Copyright Infringement Counter Notification" at contact[at]visualart[dot]ro. You must include in your counter notice sufficient information to enable Visualart to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys' fees) if you materially misrepresent that your Content is not infringing the copyrights of others.
If you are uncertain whether an activity constitutes Infringement, we recommended seeking advice of an attorney.
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Visualart has no control over such sites and resources, you acknowledge and agree that Visualart is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Visualart shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
Release And Indemnity
You hereby expressly and irrevocably release and forever discharge Visualart, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless Visualart, itÕs affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) Content posted on the Site, (iii) the use of the Services, by you or any person using your account or Visualart Username and password, (iv) the sale or use of your Store Images, or (v) any violation of any rights of a third party.
Visualart, Visualart.ro and other Visualart graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Visualart. Visualart 's trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Visualart. The images and icons available in the Visualart icon pack may used by partners and third party sites in connection with providing appropriate links to the Visualart Site.
Visualart may terminate or suspend any and all Services and/or your Visualart account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your Visualart account, you may simply discontinue using the Services. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all Content from your account prior to termination. Upon termination of your account Visualart will automatically remove all Content posted to your account.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you do not have any authority of any kind to bind Visualart in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Visualart shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond VisualartÕs reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. Visualart may transfer, assign or delegate the Terms and its rights and obligations without consent. The Terms shall be governed by and construed in accordance with the specific laws . Rights and obligations of the parties, as required by this agreement as well as all legal effect that will be produced and interpreted this agreement governed by Romanian law in force any dispute, that this agreement will be brought to solving object in front of the judiciary.