TERMS OF USE WEBSITE
Please read this "Terms of Use" if you are considering using any materials,
services or information displayed on the BidtoArt.com website. Please note
that by accessing and / or using our website, you agree to these "Terms of
Use". If you do not agree with our "Terms of Use", please disconnect and
not use this website
OVERVIEW
This website and any conditional equipment (referred to as "page or
website") is published and maintained by BidtoArt.com or its subsidiaries
or branch offices (collectively referred to as "BidtoArt.com"). When using
the website, you agree to the terms and conditions stated in this legal
notice, in the privacy policy and all applicable laws and regulations,
including but not limited to the exported control rules (collectively
referred to as "Terms of Use"). You represent yourself with a legal right
to accept this Terms of Use on your behalf and for any party you represent.
If you do not agree with our Terms of Use, please do not use the website.
ARTICLE 1: GENERAL TERM
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This agreement is applied to all promotion services provided on website
BidtoArt.com: Art on demand, Artist studio, and iGallery
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Your promotion listing must relate to Fine art only. The content of
your promotion must not violate applicable law, public order or common
decency, or that violates the rights or licenses of third parties,
copyright laws, industrial and / or intellectual property rights
relating to photographs, images, videos or text. The Promotion
Materials; must not include any logo nor propose direct or indirect
hypertext links to goods or services on the Internet; must not contain
viruses, worms or other computer programs intended to damage, modify or
surreptitiously intercept any IT system, database or personal
information.
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The Company reserves the right to remove any Promotion and/ or any
account and /or any element which would be contrary to law, public
policy or public decency, or which would contravene this Agreement
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The Company only accepts original artworks “from” or “made by” the
artist himself. “Attributed to”, “Workshop of”, “school of”, “in the
taste of”, “style of”, “in the way of”, “sort of”, “inspired by”;
“technics of” are not accepted
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Agreement includes a link to member’s proprietary website and requires
a reciprocal link to BidtoArt.com
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The Company reserves the right to determine the most appropriate
content, platform, and launch date for all page promotions and social
media posts.
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All promotion services are monthly charge when the payment incurred and
can be canceled at any time. However, the cancellation en route will
not be refunded.
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We can amend this Agreement at any time and will update this Agreement
in the event of any such amendments
ARTICLE 2: USER’S RIGHTS, GUARANTEES AND OBLIGATIONS
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You acknowledge and agree that you are solely responsible for all Works
of Art that you upload through the Promotion Services. Accordingly, you
represent and warrant that:
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(i) You are the creator of all such Works of Arts and you are the sole
and exclusive owner of all such Works of Art;
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(ii) You are either the sole and exclusive owner of all such Works of
Art or you have all rights, licenses, consents and releases that are
necessary to grant to the Company the rights in such Works of Art as
contemplated under these Terms;
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(iii) Neither Works of Art that you make available through the
Promotion Services nor Company’s use and exploitation thereof as
contemplated under these Terms will infringe, misappropriate or violate
a third party's patent, copyright, trademark, trade secret, moral
rights or other intellectual property rights, or rights of publicity or
privacy, intellectual property rights or other third party rights, or
result in the violation of any applicable law or regulation.
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You may be required to verify your ownership by separately providing
the company with a copy of a certificate or similar documentation
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Your listings must be accurate and complete and comply with the Company
listings content guidelines, which are available at
www.BidtoArt.com/guidelines
. The company reserves the right to edit any listings to ensure that
they comply with these guidelines
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You always retain the right to remove a listed Work of art from
Promotion Service by going to your account, click on the image you want
to delete and then click on Delete and follow the steps set forth on
that page.
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If you remove a Work of Art from the Promotion Services, the license
rights granted by you to The company to promote such Work of Art will
terminate as of the date the listing is removed, except that such
license rights will survive and remain in effect for as long as
necessary for the company and its third-party subcontractors to fulfill
any in-progress promoting campaign prior to or as of the effective date
of termination. In addition, you acknowledge and agree that the license
rights granted by you to the Company with respect to using such Work of
Art to promotethe Company, the Promotion Services will remain in full
force and effect for only as long as necessary for the Company to
fulfill any current obligations that require using the Work of Art for
such promotional purposes.
ARTICLE 3: USAGE AUTHORISATION
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In order to allow the Site to use the elements (information, text,
images, photos) included in your Promotion without violating any rights
that you may possess in respect of these items, you grant the Company a
non-exclusive, free, geographically and temporally unlimited right, to
use, exploit and publish the said elements on any paper or digital
support, and to sub-authorize any third party to do likewise, in
accordance with the Company’s Privacy Policy. This authorization shall
remain in force throughout the legal protection period of your personal
information.
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The Company cannot be held responsible if all or part of the contents
of a promotion is reproduced on other websites or any other existing or
future media without its knowledge and its written consent.
ARTICLE 4: LIABILITY
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You acknowledge and agree that the Company is only acting as a passive
conduit for your online promotion and publication of your Works of Art.
The Company and you are independent parties. The Company will not take
part in or interfere the communication between you and your potential
buyer. Accordingly, the Company does not exercise any control over the
quality, security or lawfulness of the items, which are listed, the
truth or accuracy of the contents of the Promotion Materials you post
online, or the buyers’ ability to pay for said items. The Company does
not control the transaction and that you bear all risk in connection
with the transaction.
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You therefore discharge the Company (as well as its subsidiaries,
associated companies, managers, senior executives and employees) from
all liability in event of a dispute or claim, and from liability for
all present or future damage resulting directly or indirectly from your
Promotion on the Site.
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This Agreement and your use of the Site are governed by the law of
Vietnam.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND SALE, UNDERSTAND
THE TERMS OF USE AND SALE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS.
YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE AND SALE TOGETHER WITH THE
TERMS & CONDITIONS AT [LINK TO TERM & CONDITION) AND PRIVACY POLICY
AT [INSERT LINK TO PRIVACY POLICY] REPRESENT THE COMPLETE AND EXCLUSIVE
STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL
OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US
RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.