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Legal

General Terms and Conditions

Last Updated: 22 August 2016

www.artistank.com (“ArtisTank”) is an independent website operated by ArtisTank Limited who is a company registered in England and Wales under registration number 10168962. The registered office is Church Lane, Caldwell, Swadlincote, DE12 6RT. The following terms and conditions (“Terms”) are for users (“General User”) and set out the relationship between ArtisTank and you (“You”, “Your” or “General User”).

By using this website and our Service, You acknowledge and agree to these Terms and Our Privacy and Cookie Policy. If You do not agree with these Terms, please do not use this site. By using this Service You are bound to and are deemed to have understood the following;

ArtisTank provides an online social network for young artists to connect, exchange, share and promote their work

Users shall be able to connect with and reach out to other registered Users free charge

  1. Charges for using ArtisTank
    1. ArtisTank offers a platform for artists to connect and share their portfolios.
    2. ArtisTank is currently a free service for all Users, however, ArtisTank reserve the right to charge for this service or part of this service at any time.
    3. In the unlikely event that ArtisTank imposes a charge for the service, these Terms shall be updated and amended. If You do not wish to continue to use the Service at this time, you may close your account and cease using ArtisTank.
  2. Registration
    1. Non artists are not currently permitted to register with the Site for an account, however, non-artists are able to access the home page to request more information or purchase a catalogue of displayed works, which, if ordered, shall be purchasable through a link sent directing the recipient to PayPal. PayPal’s terms and conditions shall apply and ArtisTank shall not be liable for any disputes or issues arising out of the use of the PayPal system or by clicking the PayPal link.
    2. Users shall be required to register to use the Site. Upon registration, Users shall receive an invitation code which shall be sent via email. Users may also be given an invitation code directly (at events or through advertising) which can be used at the time of registration on the Site. This method insures that only young artists are invited to register with the site, keeping ArtisTank a platform for artists and their work.
    3. Users shall be required to provide personal information such as name, age and email – further details can be found in the privacy policy which can be found here.
    4. ArtisTank may occasionally use your details for research purposes or to send you information and marketing. This will always be in compliance with data protection and privacy policies and you may unsubscribe to correspondence at any time.
    5. Users should ensure that they do not give their login details to any third parties.
    6. Once registered and an account has been created, Users shall be able to update and amend their profiles and contact details as required.
  3. Accounts and Functionality
    1. Users shall have a profile with access to a wall on which they can display their work, comment or create posts for other Users to see. Only Users connected to each other can access posts on walls unless set to be seen by the public or categorised as My Art.
    2. Users shall be able to set privacy to the content they post, by either setting the post to ‘private’ (such posts shall only be viewable by ArtisTank) or public (accessible by everyone). It is the Users responsibility to ensure they are posting with the correct setting.
    3. Users shall be able to send and receive posts between them.
    4. The Site shall use a search facility which shall allow Users to discover new artists on the Site and also be searched by other Users.
    5. Users can connect with each other by requesting to connect. The User receiving the request shall receive an email from the requester and shall be able to accept or decline the invitation to connect.
    6. Users shall have the functionality to receive content from ArtisTank and shall be required choose categories of content to receive. Users shall be able stop receiving content at any time.
  4. User Obligations and Conduct
    1. As a User of ArtisTank you shall have access to browse and contact other registered users through the Portal
    2. Users are prohibited from posting illegal, immoral or offensive material on the Site. Users shall be able to report such behaviour and Users found to have posted such material shall be required to remove the same. Where Users are asked more than once to remove illegal, offensive or immoral material, ArtisTank reserves the right to remove the User and their account from the Site.
    3. Users shall not copy, amend or alter any works displayed on the Site unless they own the copyright for such works or have express, written permission by the copyright holder to do so.
    4. Users shall not interfere with or disrupt the service provided by ArtisTank nor shall they breach any of these terms, policies or regulations.
    5. Users understand and accept that content displayed on the Site, whether from Users or third parties is not endorsed in any way by ArtisTank.
  5. ArtisTank Obligations
    1. We may change these Terms from time to time. We will give You notice of any changes by posting those changes on Our website. We will not vary any terms which You previously agreed whilst using this website. However, any amended Terms will apply to Your use of this website from the date they are posted and if You do not agree with the amended Terms, You are entitled to stop using this website at that time.
    2. The relationship between ArtisTank and You exists only with Us as a social media platform and You as a User.
    3. ArtisTank endeavours to provide a platform on which artists may contact each other for the purposes of making connections and sharing work and portfolios. ArtisTank shall not be party to any communication between the Users, but may contact individual Users regarding exhibitions or their work.
    4. These Terms and Conditions and Our correspondence with You will be communicated in the English language.
    5. Whilst ArtisTank cannot accept any responsibility for the content of posts and messages between the Users, ArtisTank shall endeavour to ensure that all content is in accordance with these Terms. Where ArtisTank deem comments to be inappropriate, We shall take appropriate action which may include terminating a registration or contacting the relevant authorities.
  6. Responsibility for Content
    1. We use Our best endeavours to provide You with a quality service and virus free website. However, We are not responsible for computer viruses or other computer related problems You suffer as a result of using this website, which are beyond Our reasonable control. We recommend that You use Your own appropriate virus checking software.
    2. We are not responsible for any commentary, opinions, ratings or other postings on this website by third parties or Users.
    3. We do not prevent or exclude Our responsibility to You for death or personal injury resulting from Our negligence.
    4. Neither We, nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.
    5. Information provided on this Website may contain inaccuracies or errors and We accept no liability whatsoever to the fullest extent permitted by law, for any such inaccuracies or errors.
    6. Whilst ArisTank endeavour to ensure that work submitted is submitted by the copyright owner and that it has come from the original artist, ArtisTank are unable to perform comprehensive checks and as such any repercussions that come from work which has been submitted without consent of the copyright owner, or by a User infringing on the copyright of another artist, shall be without harm to ArtisTank and shall be borne by the infringing party.
    7. ArtisTank does its upmost to ensure the legitimacy of all artwork before it is submitted for sale on the Site or through the catalogue produced by ArtisTank, however, it is the uploaders full responsibility to ensure that all work submitted is their own and the User(s) understand and accepts that any work found not to be original or belonging to the uploader in this case, shall be removed and action may be taken against the uploader in the form of criminal or civil charges.
    8. Users understand and accept that ArtisTank is a platform for artists and their work, as such ArtisTank do not endorse or necessarily agree with or condone opinions posted on the Site or reflected in the work uploaded.
  7. Accessing our site
    1. Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
    2. You agree that You shall not do anything that affects the integrity or security of this website or causes or may cause harm, damage or unreasonable inconvenience to other users of this website or Us.
    3. If You breach any of the clauses set out at above (clause 4), We may take such action as We deem appropriate, including denying You access to this website, bringing legal proceedings against You and disclosing such information to appropriate legal and/or regulatory bodies.
  8. Copyright and Copyright Violations
    1. ArtisTank are the copyright owners of all data and rights in the Site and its content, unless otherwise stated with the exception of uploaded artwork submitted to the Site.
    2. ArtisTank do not claim any rights in any work or content which is uploaded onto the Site by Users.
    3. Users who upload work should be either the copyright holders of the work displayed, or have obtained the rights to upload such work as an agent. Where Users are uploading photos or reposting work created by Users other than themselves, whether active on the Site or not, the uploading User should be clear that the work is not theirs and provide, where possible accreditations.
    4. Users understand that whilst artwork may be removed at any time, once uploaded to the internet, content may be shared or pinned by other users and spread across the network. This may result in content being searchable via search engines not linked to the Site. ArtisTank have no rights over this and are unable to permanently remove content from the internet despite our endeavours to ensure that content you have removed, is removed from our Site.
    5. Users found to upload work in which they do not hold the copyright shall be removed from the Site along with the work. Users should also note that copyright infringement is a crime and the copyright owner may take action against the infringer either as a criminal matter or through the courts. ArtisTank have no control over this.
    6. In the event that you believe that there has been a copyright infringement, you should contact ArtisTank immediately with details of the infringement. ArtisTank shall endeavour to investigate all referred matters fully.
    7. Users found to have breached copyright laws and regulations shall be removed from the Site as well as any exhibitions or catalogues and all artwork belonging to them shall be removed so far as possible.
    8. Users are requested to familiarise themselves with Part 1 of the Copyright, Designs and Patents Act 1988 as amended.
  9. Intellectual property rights and Trademarks
    1. We are the owners or the licensees of all intellectual property rights in and on our site, and in the material published on it other than work and content uploaded by Users. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
    2. All logos, designs, slogans and names belonging to ArtisTank or displayed on the Site are the property of ArtisTank and are protected by Trademark laws. Trademarks should not be used without the express written consent of ArtisTank.
    3. You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
    4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    5. Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
    6. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
    7. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
  10. Warranty and Limitation of Liability
    1. ARTISTANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ARTISTANK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ARTISTANK MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT ARTISTANK IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, ARTISTANK SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF ARTISTANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL ARTISTANK'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO ARTISTANK PURSUANT TO THIS AGREEMENT
  11. Advertising
    1. ArtisTank may, from time to time, advertise other companies on the Website. These advertisements are independent of ArtisTank and ArtisTank do not necessarily agree with, promote or condone the content of the advertisements.
    2. ArtisTank do not accept any responsibility or liability for any content or sites which you are directed to as a result of clicking on an advertisement shown on the Portal or for any third party sites that you may be referred to.
  12. Our site changes regularly
    1. We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
  13. Our liability
    1. The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, and third parties connected to us hereby expressly exclude:
      1. All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
      2. Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
        1. loss of income or revenue;
        2. loss of business;
        3. loss of profits or contracts;
        4. loss of anticipated savings;
        5. loss of data;
        6. loss of goodwill;
        7. wasted management or office time; and
        8. for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
    2. This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
    3. Once You have contacted a service provider and have employed their services you are bound by their independent terms and conditions which are in no way whatsoever connected to ArtisTank.
  14. General
    1. If any provision or part-provision of these terms is or becomes invalid, illegal or unenforceable, it shall be modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision of part-provision under this clause shall not affect the validity and enforceability of the rest of these terms.
    2. These terms and any dispute or claim arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
  15. Complaints
    1. In the unlikely event that You should have a complaint, please direct it to us at;
      contact@ArtisTank.com
      Or in writing to:
      ArtisTank
      Church Lane,
      Caldwell,
      Swadlincote,
      DE12 6RT