Terms of Use

Welcome to artsnapp.com. This page explains the terms by which you may use our service. By accessing or using the Artsnapp services, website and software provided through or in connection with the service (“Service”), you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement, the Artsnapp Privacy Policy and terms posted on the artsnapp.com website or provided with the Service (collectively, this “Agreement”), whether or not you are a registered user of our Service.

We reserve the right to amend this Agreement at any time in our sole discretion by posting the revised Agreement on the artsnapp.com website. Your continued use of the Service after any such changes constitutes your acceptance of the revised Agreement. This Agreement applies to all visitors, users, and others who access the Service (“Users”).

1. Use of Our Service

Artsnapp provides a place for you to discover, track, buy, sell and talk about art with friends and our community.

You do not have to register in order to visit Artsnapp. To access certain features of the Service, though, including creating fuctionality and commenting on other members’ activities, you will need to register with Artsnapp and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.

You may never use another Member’s account without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify Artsnapp immediately of any breach of security or unauthorized use of your account.

You may change the settings on your My Account page to control your profile and how other members communicate with you. By providing artsnapp.com your email address you consent to our using the email address in accordance with our Privacy Policy.

Subject to your compliance with this Agreement we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal use of the Service. All rights not expressly granted to you in this Agreement are reserved and retained by us or our licensors, suppliers, rightsholders, or other content providers. No part of the Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of artsnapp.com without our express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express written consent. You may not misuse the Service. You may use the Service only as permitted by law. The licenses granted by us terminate if you do not comply with this Agreement.

In order to protect our Members from unsolicited advertising or solicitation, artsnapp.com reserves the right to restrict the number of communications that a Member may send to other Members in any 24-hour period to a number that artsnapp.com deems appropriate in its sole discretion.

Artsnapp may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Service without notice and liability for any reason, including if in Artsnapp’s sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.

The Service is subject to scheduled and unscheduled service interruptions. All aspects of the Service are subject to change or elimination at Artsnapp’s sole discretion. You agree that artsnapp.com will not be liable to you for any interruption of the Service, delay or failure to perform.

You are solely responsible for your interactions with other Artsnapp Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Artsnapp shall have no liability for your interactions with other Users, or for any User’s action or inaction.

2. User Content

Some areas of the Service may allow Users to upload, publish, display, link to or otherwise make available posts, reviews, comments, questions, highlights, and other information including Users’ names, voices and likenesses (“User Content”). You are solely responsible for your User Content. You agree not to post User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of content. You hereby represent that you are the owner of all the copyright rights with respect to, or that you have the legal right to post, your User Content, and that you have the power to grant the license granted below. Artsnapp reserves the right to monitor, reject and/or remove any User Content at any time. For example, Artsnapp may, but is not obligated to, reject and/or remove any User Content that Artsnapp believes, in its sole discretion, violates these provisions.

Artsnapp takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you post is solely your responsibility. Artsnapp is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that Artsnapp shall not be liable for any damages you allege to incur as a result of such User Content. Artsnapp may provide tools for you to remove some User Content, but does not guarantee that all or any User Content will be removable.

3. License Grant

By posting any User Content on the Service, you expressly grant to Artsnapp a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Artsnapp for all claims resulting from content you supply.

4. Our Proprietary Rights

Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Artsnapp Content”), and all intellectual property Rights related thereto, are the exclusive property of Artsnapp and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Artsnapp Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Artsnapp under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Artsnapp does not waive any rights to use similar or related ideas previously known to Artsnapp or obtained from sources other than you.

5. Eligibility

This Service is intended solely for Users who are thirteen years of age or older, and any registration, use or access to the Service by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. If you are under 18 years of age you may use the Service only if you either are an emancipated minor or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

6. Copyright Complaints

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please send us the following information:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of the material that is claimed to be infringing and where it is located on the Service;
4. Your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law

Please note that this procedure is exclusively for notifying Artsnapp and its affiliates that your copyrighted material has been infringed.

7. Third-Party Websites, Advertisers or Services

Artsnapp may contain links to third-party websites, advertisers, or services that are not owned or controlled by Artsnapp. Artsnapp has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from Artsnapp, you do so at your own risk, and you understand that this Agreement and Artsnapp’s Privacy Policy do not apply to your use of such sites. You expressly relieve Artsnapp from any and all liability arising from your use of any third-party website or services or third party owned content.

Additionally, your dealings with or participation in promotions of advertisers found on Artsnapp, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Artsnapp shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

We encourage you to be aware of when you leave the Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

8. Indemnity

You agree to defend, indemnify and hold harmless Artsnapp and its managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the European Union or any country; (v) any claim or damages that arise as a result of any of your User Content or any that are submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.

9.Correction of Errors and Inaccuracies.

 The Community Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community Content and Your Content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.

10. Disclaimers of Warranties and Limitation of Liability

The service and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the service are provided on an “As is” and “As available” basis, unless otherwise specified in writing. Artsnapp makes no representations or warranties of any kind, express or implied, as to the operation of the service, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the service, unless otherwise specified in writing. You expressly agree that your use of the service is at your sole risk.

No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Artsnapp’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

We may change the Community Usage Guidelines from time to time by updating our website.

Please contact us with any questions regarding this Agreement.

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Privacy Policy

Who we are

This Privacy Policy serves to provide users of this website with information on how, for which purposes and to what extent personal and other data is gathered and used by www.artsnap.com.

“Personal Information” is an information that could potentially identify an individual, such as their name, last name, e-mail address or billing information.

As the controller, we have implemented numerous technical and organizational measures to ensure the most complete protection of personal data processed through this website. However, Internet-based data transmissions may in principle have security gaps, so absolute protection may not be guaranteed.

What personal data we collect and why we collect it

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

Profile Data

When you register for the site, you will be asked to provide certain personal data for display on your profile. The “Name” fields and email address are required, and user profiles are visible to any site visitor. Other profile information may be required or optional.

User information provided during account registration can be modified or removed on the Profile > Edit panel. In most cases, users also have control over who is able to view a particular piece of profile content, limiting visibility on a field-by-field basis to friends, logged-in users, or administrators only. Site administrators can read and edit all profile data for all users.

Activity

This site records certain user actions, in the form of “activity” data. Activity includes updates and comments posted directly to activity streams, as well as descriptions of other actions performed while using the site, such as new friendships, newly joined groups, and profile updates.

The content of activity items obey the same privacy rules as the contexts in which the activity items are created. For example, activity updates created in a user’s profile is publicly visible, while activity items generated in a private group are visible only to members of that group. Site administrators can view all activity items, regardless of context.

Activity items may be deleted at any time by users who created them. Site administrators can edit all activity items.

Messages

The content of private messages is visible only to the sender and the recipients of the message. With the exception of site administrators, who can read private messages for administrative purposes, private message content is never visible to other users or site visitors. Site administrators may delete the content of any message.

We may monitor messages (together with any attachments) sent between members for fraud, abuse, spam, illegal content, and other policy violations.

Media

When you upload Images, they automatically resize and optimize so they’ll display properly on the site. If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact forms

Cookies

Cookies are text files that are stored in a computer system via an Internet browser.

Many Internet sites and servers use cookies. Many cookies contain a so-called cookie ID. A cookie ID is a unique identifier of the cookie. It consists of a character string through which Internet pages and servers can be assigned to the specific Internet browser in which the cookie was stored. This allows visited Internet sites and servers to differentiate the individual browser of the data subject from other Internet browsers that contain other cookies. A specific Internet browser can be recognized and identified using the unique cookie ID.

Through the use of cookies, Artsnapp can provide the users of this website with more user-friendly services that would not be possible without the cookie setting.

By means of a cookie, the information and offers on our website can be optimized with the user in mind. Cookies allow us, as previously mentioned, to recognize our website users. The purpose of this recognition is to make it easier for users to utilize our website. The website user that uses cookies, e.g. does not have to enter access data each time the website is accessed, because this is taken over by the website, and the cookie is thus stored on the user’s computer system. Another example is the cookie of a shopping cart in an online shop. The online store remembers the articles that a customer has placed in the virtual shopping cart via a cookie. The data subject may, at any time, prevent the setting of cookies through our website by means of a corresponding setting of the Internet browser used, and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. If the data subject deactivates the setting of cookies in the Internet browser used, not all functions of our website may be entirely usable.

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

We use a cookie to show success and failure messages to logged-in users, in response to certain actions, like joining a group. These cookies contain no personal data, and are deleted immediately after the next page load.

We use cookies on group, member, and activity directories to keep track of a user’s browsing preferences. These preferences include the last-selected values of the sort and filter dropdowns, as well as pagination information. These cookies contain no personal data, and are deleted after a while. When a logged-in user creates a new group, we use a number of cookies to keep track of the group creation process. These cookies contain no personal data, and are deleted either upon the successful creation of the group or after 24 hours

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Analytics

Who we share your data with

We do not share or transfer your personal information to third parties except in the following limited circumstances:

ACCOUNTS AND USER PROFILES

Profile and Account Information: To make our Services more interactive, certain information about Users’ profiles or accounts may be made accessible to other Users on or through our Services, as indicated in Users’ profile and account settings on our Services, or as otherwise indicated by us when you use certain Services. Our Services may include settings to control how certain profile or account information is shared with other Users on or through our Services, and you should check your profile and account settings regularly to be informed of your current choices.

Data Retention: We will keep and use your data as described in this Policy for as long as your account is in use, is open, or is active; and to protect and defend against potential legal claims. If you would like to request the deletion of your personally identifiable information, please contact us at support@artsnapp.com. You may also request an export of your data you have created on this platform under Account>Export Data.

USER CONTENT

Some Services may enable you to provide User Content on or through our Services. When you post or publish User Content on our Services, any information contained in the User Content (including information in images or videos) becomes publicly accessible on our Services (and may also be indexed by and accessible through third-party search engines), and we and other Users may access and use the User Content. This applies even if you or someone else also provides such information to us by other means, and our use of such information might have been more limited under this Policy if such information was only provided to us by such other means. It is your responsibility to ensure that you have the right to share any information about others that you may share with us or with others through our Services.

USER COMMUNICATIONS

Connecting with Other Users: We aim to provide a platform and marketplace where Users can discover and engage with a wide range of artwork, design and other items from around the world, including items from the various galleries, institutions and others that use our Services as exhibitors or sellers. To help make this happen, our Services may include features, such as messaging tools and email addresses hosted on our Services, that enable you to contact and communicate with other Users. For example, when a gallery or other seller lists an artwork or other item on our Services, our Services may enable you to contact them about that item or about other items they may have available.

Sharing Information with Other Users: When you use our Services to contact another User or perform a transaction with another User, they may obtain your name, email address and (as applicable) other contact information from us to facilitate communications, transactions, or for their marketing purposes. Sometimes such Users may be able to obtain additional information about you when you use our Services to contact them or perform a transaction with them. For example, they may be able to obtain information about your location, interests and other information, as indicated by us in connection with these Services, or as otherwise indicated in your profile and account settings. Our Services may include settings that enable you to choose how certain information is shared with other Users when you contact them or perform a transaction with them, as indicated when you use these Services or in your profile and account settings.

WHOM WE SHARE YOUR PERSONAL DATA WITH

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

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