1.1 The User Publishing Agreement (hereinafter referred to as Agreement) applies to all Users (“Publishers”) who publish works (include but not limited to fine art, antique, collectibles and texts; works hereinafter refer to the same meaning.) on The Provider platform. Once the Agreement is agreed to and accepted by the Publisher, it becomes a legally binding document between the Publisher and The Provider. (The Provider in this Agreement refers to Alart Pte Ltd, BidtoArt.com. and its affiliated companies.) Hereafter, the Publisher cannot defense by claiming that he/she has not read this Agreement. The Publisher must comply with the provisions and regulations in this Agreement if he/she registers, provides, uploads, downloads, or transfers his/her works on The Provider platform. Should the Publisher not agree to any parts of this Agreement, he/she is forbidden to publish or spread anything on The Provider platform.
1.2 Once the Publisher accepts this Agreement, it is deemed that he/she makes the following acknowledgment and warranties:
1.2.1 When the Publisher is an individual, he/she acknowledges and warrants to have reached the legal age and has full capacity for civil conduct.
1.2.2 When the Publisher is a legal person or other legal entity (non-legal organization), it warrants that it is a legally existing entity founded according to the law of the area where it was founded.
1.2.3 When the Publisher is an employee or agent of a legal person or other legal entities (non-legal organization), he/she claims, acknowledges, and warrants that he/she has been actually, fully, and effectively authorized by the legal entities he/she serves to join The Provider platform and/or engage in publishing.
1.2.4 The Publisher promises that he/she pays continuous attention to the update of the Agreement. Should the Publisher continuously use The Provider platform and its services after a new version of the Agreement is publicized, it is deemed that he/she agrees to the contents of the new agreement. Should the Publisher not agree to the contents of the new agreement, he/she is entitled to stop using The Provider platform and its services, but he/she shall notify The Provider about it. (For detailed contact information, please refer to the Provider website.)
1.2.5 The Publisher acknowledges and warrants that he/she owns real, complete, legal, and valid copyright toward all materials (include but not limited to the complete works, the name of the works, pictures, music, and texts in the works) that he/she uploads to the platform, or he/she has obtained real, complete, legal, and valid authorization from the original copyright owner to fulfill all services under this Agreement.
2.1 Publisher: Those who publish works on The Provider website after applying effectively and receiving approval from The Provider, including legal persons, non-legal organizations, and individuals.
2.2 BidtoArt.com: A publishing platform developed, maintained, managed, and owned by Alart Pte ltd and with a focus on price database of fine art and antiques of all types.
2.3 Works: Any artwork, antique and collectible items a Publisher publishes or updates on BidtoArt.com after successfully registering an account on BidtoArt.com. The relevant information and materials include but not limited to data, documents, pictures, figures, and visual materials.
2.4 Users: Those who visit the platform and view the work published by Publishers
3. INTELLECTUAL PROPERTY AND OWNERSHIP
3.1 The intellectual property of the works uploaded and published by a Publisher on BidtoArt.com belongs to the Publisher. If a third-party’s legal rights are involved in the work, the Publisher should obtain the authorization from the relevant rights holders before publishing the work. Unless otherwise stated, BidtoArt supposes that the Publisher owns complete and valid legal rights towards the works he/she publishes. If a work published by the Publisher constitutes an infringement of rights, the Provider will remove the work from the platform after receiving notification from relevant stakeholders. Should the Provider suffer any loss due to this reason, the Provider is entitled to seek full compensation from the Publisher.
3.2 The relevant rights of texts, pictures, audio, videos, trademarks, and other information and materials on the platform are owned by the Provider or obtained by the Provider through legal authorization. Without consent from the Provider and other relevant rights holders, the above information and materials are forbidden to be directly or indirectly published, spread, changed for spread or publishing purposes, adapted, compiled, republished, or used for any other commercial purposes.
3.4 As to the works uploaded by the Publisher, he/she grants globally, infinitely, and irrevocably the Provider and the Provider’s affiliates the rights to copy, publish, exhibit, and communicate via information websites. At the same time, the Publisher grants the Provider and the Provider’s partners the rights to use all the materials in the published works or brand and trademark for marketing purposes. This provision does not constitute the fact that the Provider grants the Publisher the rights to use The Provider brand and trademark.
3.5 The Publisher agrees to grant the user a non-exclusive, global, and fixed-period rights to view the works published on the platform. As to the authorization, should the user reach another agreement with the Publisher, the relevant regulations are to be based on the agreement reached between the user and the Publisher. Should disputes and controversies arise, the user and the Publisher are to settle the dispute. The Provider does not involve in this process.
3.6. As to any behaviors that infringe upon or damage the copyright of the authorized works, the Publisher grants The Provider the rights to execute all reasonable measures on the infringing party to protect rights via administrative organs, juridical organs, or other functional organs. These measures include but not limited to investigating and collecting evidence, preserving evidence, mediating, compromising, administrative appealing, civil litigating, and claiming compensation.
4. RIGHT AND OBLIGATIONS OF THE PUBLISHER
4.1 The Publisher is entitled to publish his/her works on the platform and use all functions and services, provided by BidtoArt.com
4.2 The Publisher promises that the information he/she provides to the Provider, includes but not limited to his/her name, address, email, and other relevant materials are real, legal, accurate, and complete. Should there be any change of the above information, the Publisher should update the relevant information within three calendar days. If the Provider finds out the information provided by the Publisher is not real, accurate, legal, or complete, The Provider is entitled to suspend or stop to offer him/her services under this Agreement.
4.3 The Publisher hereby acknowledges and agrees that his/her works can be published on BidtoArt.com only after the Provider or those authorized by the Provider reviews and approves the work. The Provider’s rights to review the works shall persist after the publication of the work. In addition, The Provider owns complete judgment rights whether the work should be published or stopped being published during review. Moreover, the Provider retains the rights to disagree with the publication of the works during review or after the publication of the works without notifying the Publisher. The Provider also owns the rights to delete and filter published works or users’ comments on the relevant works.
4.4 To enhance user experience, the Publisher hereby acknowledges and agrees that the Provider is entitled to present information submitted by the Publisher and related to online work (include but not limited to the names of the works, the names of the artists, and the emails of the artists) to global users, and the data transfer involved is considered to be approved by the Publisher.
4.5 The Publisher warrants that the works published are not against laws and regulations, and without any pornographic and political information, as well as information that may affect social stability or other illegal information. Hidden contents aiming to steal or damage user data are also forbidden. If the Publisher violates the above warranty, he/she shall bear full responsibilities for relevant damages and legal responsibilities. Should the Provider suffer any loss due to this reason, the Provider is entitled to seek full compensation from the Publisher.
4.6 The Publisher warrants that the work published on BidtoArt.com comes from trackable source such as auction houses, galleries, fairs, auction related program with information in the range of Fine Art, Antique and Collectibles.
4.7 The Publisher warrants that he/she does not conduct anything that infringes upon user privacy or data security. Without clear consent from the user, the Publisher is not entitled to obtain user information via any channel, means, or ways. Neither can the Publisher use user information for illegal usage or purpose.
4.8 The Publisher must not interfere in any part of the Provider and its website, normal operation of any function of the Provider and its website, or engage in competitive behaviors. Should the Provider suffer any loss due to these reasons, the Provider is entitled to seek compensation from the Publisher.
4.9 All the works and related materials (include but not limited to the complete works, names of the works, pictures, music, and texts in the works) or brand and trademark published on BidtoArt.com by the Publisher are forbidden to include implanted advertisements or commercial promotion activities such as implied outside links without the consent of the Provider.
5. THE PROVIDER’S RIGHTS AND OBLIGATIONS
5.1 the Provider is responsible for establishing and maintaining the platform, as well as providing necessary marketing and promotion activities.
5.2 The Provider is entitled to copy, transfer, promote, guide and authorize users to download and use works published by Publishers on the platform. The Provider is also entitled to adjust the placement of the works or delete works according to The Provider’s needs.
5.3 The Provider shall not be responsible for any possible damages or compensation due to the following circumstances, including but not limited to loss of property, revenue, and data, or other invisible loss.
A. Interruption to the platform system normal function due to force majeure such as typhoons, earthquakes, tsunami, floods, power outages, acts of war, or terrorist attacks.
B. Platform service suspension or delay due to hacker attacks, technical adjustments or failures of telecom companies, and system maintenance.
C. Suspension, termination, or delay of the platform services due to government order, change of laws and regulations, or orders and verdicts of judicial and administrative organs.
5.4 Should any of the following circumstances occur, the Provider shall be entitled to judge and take actions, including but not limited to deleting works and stopping or suspending to provide full or part of the services to Publishers and users:
(1) Infringing upon the intellectual property or other rights of the third party;
(2) Violating relevant laws and regulations;
(3) Including in works pornographic and repulsive contents;
(4) Containing in works improper sales;
(5) Including in works virus, malware, or spyware;
(6) Promoting commercial activities without authorization.
5.5 The Provider reserves the rights to change or terminate platform services of the platform without being responsible for Publishers. The Publisher hereby acknowledges that the Provider may notify Publishers and users via website announcements, background system notifications, emails, phone calls, or letter delivering. Once the notification is sent, it is deemed to be received by the receiver.
5.6 The Provider is entitled to annotate with comments, translate, and change the names of the works whenever it is necessary, including but not limited to promotion, change of platform rules, demands of the country or region where the works are published, and presentation in a launch event. The Publisher hereby acknowledges that the Provider may notify Publishers and users via website announcements, background system notifications, emails, phone calls, or letter delivering. Once the notification is sent, it is deemed to be received by the receiver.
6. DURATION OF THE AGREEMENT
This Agreement will run for an indefinite time period unless either the Provider or the Publisher decides to end it by closing account or it is forced to stop by force majeure.
7. APPLICATION OF LAW
This Agreement and all disputes and controversies due to the performance of this Agreement are applicable to Singapore law. Should any disputes and controversies cannot be resolved after negotiation, either side can submit to Singapore International Arbitration Center (SIAC) for arbitration.
The Provider only conducts formal review on Publishers and their works. The Provider is not responsible for any review, acknowledgment, or warranty on the legality of the Publishers and their works. All disputes and controversies caused by Publishers and their works are to be shouldered by Publishers. Should the Provider suffer any loss, the Provider is entitled to seek compensation from Publishers. The Provider is not responsible for any direct, indirect, unexpected, and special or significant loss, interest deprivation, or business suspension due to the use of or inability to use the platform.
9. LIABILITY FOR BREACH OF THE AGREEMENT
Should the Publisher violate any obligation, claim, acknowledgment, or warranty under this Agreement, The Provider is entitled to call the Publisher to account according to the actual loss. The compensation includes but not limited to economic loss fees, reputation damage fees, fine, litigation fees, arbitration fees, and attorney fees.
Edited and updated March, 2020