Terms and conditions

1. Introduction.

Please read the following terms of service carefully because they contain the legal terms and conditions of the agreement that you must accept before using the Artshell application, the website at Artshell.eu or any of the services provided as referred to in these Terms.

2. Definitions.

As used in this Agreement, (a) “Artshell Ltd”, “us”, “we”, the “Service Provider” means the Service Provider and Owner whose registered address is c/o Artshell Ltd, 64 Southwark Bridge Road, London SE1 0AS, United Kingdom (b) “You”, “User”, “the User” means the user of the Application, Website or Services whether or not they have registered for an Account, (c) “Account Holder” means a registered User of the Website who has opened an “Account”, (d) “Artshell”, “the Application” means the downloadable Application for iPad or iPhone, smartphone and tablet (e) “Artshell.eu”, “Website”, “Site” means the website at Artshell.eu and any subdomain thereof, owned by the service provider, (f) “Service”, “Services” means any services provided by the Service Provider necessary for the running of the Website or Application. (g) “Terms”, “Terms and Conditions” means the legal terms and agreement referred to in this document, (h) “Agreement” means the Agreement constituting the acceptance of the Terms and Conditions in this Notice which you must accept before using the Application, Website or any of the Services provided, (i) “Content” means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data, and other similar materials that you upload or “post” to the Website or store in the Application, (j) “User Pages” means any page in the Application or on the Website created by a user and containing content uploaded or “posted” by a user, (k) “Website Content”, “Application Content” means the Content of the Artshell Application or Artshell.eu Website, not including your own Content or material added by other service users, including all HTML Source Code and JavaScript owned by Artshell Ltd, (l) “Media” means any means of conveying information, whether now known or hereafter devised.

3. Indemnity, Disclaimers and Limitation of Liability.

You will not use the Application, Website or Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Application, Website or Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Application, Website or Services. THE APPLICATION AND THE MATERIALS AT THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL ARTSHELL LTD. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF ARTSHELL LTD. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

4. Child protection.

We are concerned about the safety and privacy of our users, particularly children and we do not knowingly solicit personal information from children or request personal information from them. You must be 14 or over to use the Application, Website or Services. If you are under 18, please get your parent/guardian’s permission before you provide any personal information to the website. Without permission, you are not allowed to provide us with personal information. Parents who wish to allow their children access to and use of the Application, Website or Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, upload tools and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

5. Updates.

We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Application, Website or Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes and ensure that the email address we have for you is correct, should we decide to notify you of changes.

6. Cookies.

We use a technology called “cookies”. A cookie is an element of data that the Website sends to your browser that is then stored on your system. We use cookies to create agregate data relating to website use and for ‘session management’ which is necessary for you to administer your Content. For this reason, you must allow cookies in order to use the site. If you do not wish to allow cookies you should stop using the Website or Services. You may safely delete cookies placed by the Service after you log out of the Service as we do not use cookies to enable persistent tracking of your usage of the Service. If you delete cookies whilst logged into the Service your session may be ended and you may need to log in again.

7. Privacy.

We are committed to responsible data management and subscribe to the principles of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Application, Website or Services. We will not pass on any of your details to any third party without your permission unless they are working on our behalf to provide the services you have requested. We may share your personal information if we are required to by law or some legal process or if we believe disclosure is necessary in the public interest. We will not transfer information about you outside the European Economic Area without suitable safeguards or your prior agreement.

8. Your account.

8.1. User Account, Password and Security. In order to open an account at Artshell.eu you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. If we believe a serious breach of security has occurred we reserve the right to close your account without notice. In no event will Artshell.eu be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder. 8.2. Namespace. We will try and assign you the username that you request and it is your right to claim the name of your choosing but the name you want may already be taken. You should not attempt to create an account with a username to either impersonate another person or an organisation or in order to prevent them registering a name that they might have a more legitimate claim to use than you. We will not adjudicate any disputes, however, we reserve the right to reassign your username in special circumstances but would not do so without good reason or warning as this would have the effect of changing the addresses of all your material and your sign in credentials.

9. Acceptable Use.

9.1 ARTSHELL.EU ALLOWS ITS USERS OR ACCOUNT HOLDERS TO POST MATERIAL TO PERSONALISED PAGES IN THE APPLICATION AND ON THE WEBSITE (“USER PAGES”) AND SHARE THEM WITH OTHER PEOPLE IN PERSON AND VIA HYPERLINKS. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF USER PAGES OR LIABLE IN ANY WAY FOR THIS MATERIAL. AS A USER, YOU ARE FREE TO TELL US IF YOU SUSPECT THAT MATERIAL PUBLISHED ON THE WEBSITE OR THE APPLICATION INFRINGES THE LAW, OR CAUSES OFFENCE BUT WE MAY BE UNABLE TO TAKE ANY ACTION. WE WILL FOLLOW UP ANY SUSPECTED BREACH OF THESE TERMS AND CONDITIONS AND COOPERATE TO THE FULLEST EXTENT WITH ANY LAW ENFORCEMENT AGENCIES. 9.2 We acknowledge that in order to create Content pages on the Application or Website which you can share, you may, from time to time upload material to which you do not own the copyright, such as photographs of works by artists. However, it is your responsibility to ensure that you have secured the necessary rights to publish copyrighted material and you agree to indemnify Artshell Ltd and Artshell.eu against all legal costs, fines, damages and judgements resulting from legal action regarding any content you put on the Website or Services. You acknowledge that all photographs, pictures, content, text, artwork, files, sound, graphics, video, data, and other similar materials that you upload or “post” to the Website or store in the Application (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Artshell.eu and Artshell Ltd will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. 9.3 Our right to distribute the Content. Artshell.eu and Artshell Ltd do not claim any ownership rights in the photographs, pictures, content, text, artwork, files, sound, graphics, video, data, and other similar materials that you upload or “post” to the Website or store in the Application (“the Content”), however we do need your permission to display the Content within the Application or Website, or on any of the Services we provide as part of the Service. For this reason, you hereby grant to Artshell.eu a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly display and reproduce such Content, including without limitation distributing part or all of the Content in any media formats through any media channels necessary in order to provide the Service. In the event of any dispute arising over the misuse of such Content, we reserve the right to remove material without warning. 9.4 You agree not to use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise; post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful; post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, sexuality, nationality or otherwise; threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others; use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party; make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another; collect or store personal information about others, including email addresses; impersonate any person or entity for the purpose of misleading others; violate any applicable laws or regulations; use the Application, Website or Services in any manner that could damage, disable, overburden or impair the Application, Website or Services or interfere with any other party’s use and enjoyment of the Application, Website or Services; post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement); attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Application, Website or Services through hacking, password mining or any other means. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable. 9.5 One account. You agree not to use more then one account for the same gallery or organisation. Individuals or organisations who have material to store, present, offer or distribute need to have their own accounts.

10. Intellectual Property Rights.

The Application and Website and its content (including without limitation the Application and Website design, text, graphics and all software and source codes connected with the Application, Website the Services, as opposed to the Content that you upload or “post” to the Application or Website) are protected by copyright, trade marks, patents and other intellectual property rights and laws. Artshell Ltd owns and retains all rights in the Website Content and Application Content and the Artshell.eu Services. Artshell Ltd hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Website Content and Application Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Artshell Application and Services. You may not copy any of the source code or JavaScript files owned by Artshell Ltd or used in the Artshell.eu Application or Website unless specifically allowed in the licence displayed at the top of each file. The Application Content and Website Content relies uses JavaScript and other source code which may be owned by a third party. Please read each licence carefully for acceptable use if you wish to use any of the materials on the Website which are not owned by us.

11. Termination.

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Application, Website or Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Application, Website or Services. If you have a paid account, you have the right to terminate your account at any time either by following the links on the Artshell.eu site or by emailing us at team@artshell.eu and you will only be charged to the end of the current billing period.

12. Availability of the Service and Backups.

Although the Website and Services are normally available and we will make every effort to maintain the availability of the service at all times, there will be occasions when the Website or other Services provided by the Service Provider will be interrupted for maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond our control. Much of the Content stored on the Artshell.eu Website and in the Artshell Application is stored on third party servers “in the cloud” on services such as Amazon’s S3 storage service (http://aws.amazon.com/) or a similar. In some cases, single copies of your image files are stored and we do not back up your images to another location. Consequently, Artshell Ltd encourages you to maintain your own backup of your Content and Artshell Ltd will not be responsible for the loss of your Content. Artshell Ltd reserves the right to delete any Content for any reason, without prior notice. Deleted content may be stored by Artshell Ltd in order to comply with certain legal obligations and may not be retrievable without a valid court order. In other words, you should not rely on the Application, Website or services to be the sole place in which you store your data and should ensure that you have your own backups.

13. Links to third party websites.

The Application, Website or Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that Artshell.eu is not responsible for the content or availability of any such sites.

14. International use.

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

15. Severance.

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

16. Governing Law.

These Terms and Conditions shall be governed by and construed in accordance with the law of England and you hereby submit to the exclusive jurisdiction of the English courts.

PRIVACY:

Protecting your privacy is important to us and we strive to keep your details confidential. To ensure your privacy and peace of mind we will: – Meet our legal obligations to specify the purposes for which we process personal information – Collect and process appropriate personal information, only to the extent that it is needed to fulfil our operational needs or to comply with any legal requirement – Ensure the accuracy of any personal information kept by us – Take appropriate technical and organisational security measures to safeguard personal information – Ascertain that personal information is not transferred outside the European Economic Area without suitable safeguards or agreement from the individual.

1. Collection of personal information

You need to submit your personal information (e.g. name and email address) in order to use the services you have requested. The service requires that you ensure that we have a current valid email address that we can use to pass on messages from recipients of your Private View links, to contact you regarding payment, changes to terms and conditions, the operation of the service and in case of any complaint or dispute about your material. You can delete ALL the information we hold about you by closing your account. You determine what information we keep, the length of time we retain information about you, for what purpose we process the information and the accuracy of the information. Besides the data with which you have supplied us, we also may keep other details about you for technical purposes or to help improve our service to you in the future. We will only request and retain information that is necessary for legal, technical or operational reasons to provide the service. We will not pass on any of your details to any third party without your permission unless they are working on our behalf to provide the services you have requested. We may share your personal information if we are required to by law or some legal process or if we believe disclosure is necessary in the public interest. We will not transfer information about you outside the European Economic Area without suitable safeguards or your prior agreement.

2. Website visitors

Your browser does automatically tell us the type of computer and operating system you are using and we may agregate this data for statistical and technical analysis, for instance, so we can tell the frequency of visits each day, time spent on the site, search terms, etc. We also collect potentially identifying information such as your IP address to facilitate statistical reporting and to help work out which countries visitors are coming from. This information is not shared with any third party except providers of statistical reporting.

3. External website links

You may find links on this site to other websites provided by other service users. We do not share your personal information with other sites and we are not responsible for their privacy practices. We encourage you to learn about the privacy policies of all the organisations to which you supply personal information.

4. Information about children

We do not knowingly solicit personal information from children or request personal information from them. If you are under 18, please get your parent/guardian’s permission before you provide any personal information to the website. Without permission, you are not allowed to provide us with personal information.

5. Cookies

Please be aware that we use cookies on our websites to: – Improve your experience of our website by gathering statistics. We use Google Analytics to track how many individual unique users we have and how often they visit our websites. We collect data listing which of our pages are most frequently visited and by which types of users and from which countries. – Remember your preferences when you register for services on the website. – We use cookies to help our servers understand that your computer has logged in and for retaining your preferences. You can turn cookies off but if you do this you may not be able to log into your account or view Private Views that others have given you. You will, however, still be able to view content of our website. By using the sites you are agreeing to the use of cookies as described above. Our Privacy Policy may be subject to change at any time. If we are going to use your personal information differently from that stated at the time of collection, we will try to contact you via email using the most recent information we have. We encourage you to review the privacy policy regularly for any changes.

Artshell Ltd
64 Southwark Bridge Road, London SE1 0AS, UK