vPatina provides tools that help users build, control and become part of a private online community of artists, curators, galleries, collectors and other art world professionals. The community building tools give all participants control of their exposure, protects the privacy of users and the client lists of artists, curators and galleries. The technology makes it easy to connect to people you know. It allows those who are already connected to follow each other, make introductions and share art, events, comments, opinions and ideas.
Artists, curators and galleries can turn their client lists into intimate, growing online communities, and promote themselves, their art work, exhibitions and events to collectors who follow them. Collectors can introduce their friends to artists, curators and galleries they respect. Collectors can build their understanding by following their favourite artists, galleries and curators, as well as other collectors.
Artists, curators and galleries can also access and/or purchase services from time to time made available through vPatina. Services include, but are not limited to, any service and/or content vPatina makes available to or performs for them. Content includes, but is not limited to text, user comments, messages, information, data, graphics, news articles, photographs, images, illustrations, and software.
The technology allows artists, curators and galleries to easily create a beautiful and highly functional online presence, to manage and promote events, content, ideas and people, and have an overall great experience doing so – without being tech-savvy or a design guru. The website building and plugin creating tools allows users to create and publish stunning, mobile friendly websites, newsletters and other online and mobile online and mobile applications, tools and services. The technology protects the privacy of it’s members, including your mailing lists. We never recommend or promote art, artists or galleries ourselves.
Our Betas Are Still In Beta. We may release products and features that we’re still testing and evaluating. Those Services have been marked as beta, preview or early access (or a similar phrasing), and may not be as reliable as our other services, so please keep that in mind.
We Can Use Your Feedback For Free. We welcome your feedback, ideas or suggestions (“Feedback”), but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.
Your access to and use of the site or services may be interrupted from time to time as a result of equipment malfunction, updating, maintenance or repair of the site or any other reason. vPatina reserves the right to suspend or discontinue the availability of the Site and/or any Service and/or remove any Content at any time at its sole discretion and without prior notice. vPatina may also impose limits on certain services or restrict your access to parts of or all of the site and the services without notice or liability. The site should not be used or relied upon for storage of your images and other content: you are directed to retain your own copies of all content placed on the site.
vPatina integrates with various third party services, applications and sites (collectively, “Third Party Services”) that may make available to you their content and products, such as domain and email services. These Third Party Services may have their own terms and policies, and your use of them will be governed by those terms and policies. We don't control Third Party Services, and we’re not liable for Third Party Services or for any transaction you may enter into with them. Your security when using Third Party Services is your responsibility.
You also agree that we may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove any Third Party Services. We’re not liable to you for any such suspension, disabling or removal, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses you may experience as a result thereof (except where prohibited by law).
Where relevant, you must provide correct and complete data regarding the domain name holder (registrant) and the administrative contact (admin-C) when registering the domain name. If this information changes you must immediately inform the Service Provider of this change by updating it online.
You are responsible for checking that the domain name does not violate the rights of any third party or contravene existing legislation. You affirm that you have fulfilled this obligation and that during this check there was no indication for such infringement or violation.
Sometimes ownership of an Account or site is disputed between one or more parties, such as a business and its employee, or a web designer and their client. We try not to get involved in these disputes. However, we reserve the right, at any time and in our sole discretion, and without notice to you, to determine rightful Account or site ownership and to transfer an Account or site to the rightful owner. If we can’t reasonably determine the rightful owner, we reserve the right to suspend an Account or site until the disputing parties reach a resolution. We also may request documentation, such as a government-issued photo ID, a credit card invoice or a business license, to help determine the rightful owner.
On certain occasions, domain name registrations may become the subject of a legal challenge. If is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all costs and legal fees and to indemnify and hold vPatina harmless from any action. If vPatina is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, vPatina may, at its sole discretion: (a) suspend your ability to use, make modifications to, or transfer your registration records; and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
You must notify us immediately if you lose the rights to a domain name we are associated with.
As a condition to using our services, you are required to open a member account with vPatina with a password and username, and to provide registration information. The registration information you provide must be accurate, complete, and current at all times. Failure to do so constitutes a breach of the terms, which may result in termination of your vPatina account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity without appropriate authorization, or a name that is otherwise vulgar or obscene.
You are responsible for maintaining the confidentiality of your password and are solely responsible for all activities resulting from the use of your password and conducted through your vPatina account.
Services are available only to individuals who are either (i) at least 18 years old, or (ii) at least 14 years old, and who are authorized to access the site by a parent or legal guardian.
The member services are for the use of anyone who loves art and wants to support artists, galleries and curators.
All content posted or otherwise submitted to the site is the sole responsibility of the account holder from which such content originates, and not of vPatina. vPatina does not control user-submitted content and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using the site you may be exposed to content that is offensive, indecent or objectionable.
As a condition of use, you promise not to use the services for any purpose that is unlawful or prohibited by these terms, or any other purpose not reasonably intended by vPatina. By way of example, and not as a limitation, you agree not to use the services:
To report a suspected abuse of the Site or a breach of the Terms (other than relating to copyright infringement which is addressed under “COPYRIGHT COMPLAINTS” below) please send written notice to VPatina at email: [email protected]
You are solely responsible for your interactions with other users of the Site. vPatina reserves the right, but has no obligation, to monitor disputes between you and other users.
Suspension of account as a consequence of abuse
We reserve the right at any time and without notice (a) to suspend or terminate your ability to access vPatina, (b) your use of all of part of the Services, (c) to remove from access via vPatina any member content associated with a member or his/her account, (d) to advise members and other users of vPatina against interacting with a particular member, and/or (e) to take technical and legal steps to stop any members from using vPatina if they appear to us to be in breach of any provision of the conditions of use. Should we do so, you acknowledge that we shall not incur any liability to you or to any other person.
By posting, contributing, distributing, communicating or transmitting any written comments or images, a member expressly grants to us a non-exclusive, royalty-free, irrevocable licence (including the right to grant sub-licences through multiple tiers) to use, reproduce, adapt and distribute that material worldwide through vPatina and any other interactive services, such as Facebook and Twitter, through which we make vPatina (or a service based on vPatina) available. For the avoidance of doubt, the licence under this clause will survive any termination of these Conditions or any cancellation, suspension or lapse of the relevant Account.
The use of certain services may be subject to payment of particular fees, as determined by vPatina in its sole discretion (“Paid Services” and “Fee(s)”, respectively). vPatina will provide notice of such Fees then in effect in relation to such Paid Services. If you wish to receive or use such Paid Services, you are required to pay all applicable Fees in advance.
vPatina reserves the right to change its Fees at any time, upon notice to you if such change may affect your existing subscriptions. If you received a discount or other promotional offer, vPatina shall have the right to automatically and without notice renew your subscription to such vPatina Service(s) at the full applicable Fee.
All Fees shall be deemed to be in Euros, except as specifically stated otherwise in writing by vPatina. To the extent permitted by law (and unless specified otherwise by vPatina in writing), all Fees are exclusive of all taxes (including value added tax, sales tax, goods and services tax, etc.), levies or duties imposed by taxing authorities (“Taxes”), and you shall be responsible for payment of all applicable Taxes relating to your use of the vPatina Services, or to any payments or purchases made by you. If vPatina is obligated to collect or pay Taxes for the Fees payable by you, and whether or not such Taxes were added and collected from you for previous transactions, such Taxes may be added to the payment of any outstanding Fees and will be reflected in the Invoice for such transaction. We recommend that you verify the existence of any additional fees you may be charged by third parties in connection with the purchase of Paid Services or in connection with the renewal thereof (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). vPatina is not responsible for any such additional fees or costs.
As part of registering or submitting information to receive Paid Services, you also authorize vPatina (either directly or through its affiliates, subsidiaries or other third parties) to request and collect payment (or otherwise charge, refund or take any other billing actions) from our payment provider or your designated banking account, and to make any inquiries VPatina or its affiliates may consider necessary to validate your designated payment account or financial information, in order to ensure prompt payment, including for the purpose of receiving updated payment details from your payment, credit card or banking account provider (e.g., updated expiry date or card number as may be provided to us by your credit card company).
In order to ensure that you do not experience any interruption or loss of services due to the lapse of any particular subscription period, the VPatina Services operate with automatic renewal, on a recurring-fees basis (except where explicitly stated otherwise by VPatina in writing). Accordingly, where applicable, VPatina will attempt to automatically renew the applicable VPatina Service(s) for a renewal period equal in time to the original subscription period for such Service, and automatically charge you the applicable Fees using the payment method you have on file with vPatina.
For example, if the original subscription period for a Service is one month, each of its renewal periods (where applicable) will be for one month. Therefore, unless you cancel the applicable vPatina Service(s), vPatina will automatically renew such Service when it comes up for renewal, and charge you the applicable recurring Fees. In order to avoid any interruptions or loss of services due to failure to process renewal charges prior to the expiration of the subscription period then in effect, we reserve our right (but shall not be obligated) to charge for the upcoming renewal period up to two (2) weeks before such renewal period actually commences. In the event of failure to collect the Fees owed by you, we may in our sole discretion (but shall not be obligated to) retry to collect on a later time, and/or suspend or cancel your User Account, without further notice.
Notwithstanding anything to the contrary in the foregoing, you are and shall be solely responsible to verify and ensure the successful renewal of the vPatina Services you use (whether or not such VPatina Services are subject to automatic subscription renewals). Accordingly, you shall be solely responsible with respect to any discontinuation of any VPatina Services previously purchased by you, including due to a cancellation, failure to charge the applicable recurring Fees, or due to any VPatina Services not being subject to automatic subscription renewals. You acknowledge and agree that you shall not have any claims against VPatina in relation to the discontinuation of any vPatina Services or Third Party Services, for whatever reason.
You may terminate your subscription at any time at your sole discretion. vPatina may terminate your subscription at any time for any reason or no reason. Once your subscription is terminated you will loose certain paid features.
Please read this section carefully before publishing any Digital Art in a project or exhibition. By publishing digital art you are granting vPatina a worldwide, non-exclusive license to use the digital art. You are representing and warranting to vPatina that the content is owned or duly licensed by you, and that vPatina is free to publish, distribute and use the content as detailed in the terms and conditions without obtaining permission or license from any third party.
In order to get vPatina’s agreement to allow you to post content to the site, and to have such content published by vPatina, you agree that:
vPatina respects the intellectual property rights of others. vPatina operates a clear copyright policy in relation to any Content that is alleged to infringe the copyright of a third party. Details of that policy can be found here on our website.
As part of vPatina's copyright policy, vPatina reserves the right to terminate user access to the /Service if a user has been determined to be a repeat infringer. A repeat infringer is a user who has been notified of infringing activity more than twice.
The services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because vPatina has no control over such sites and resources, you acknowledge and agree that vPatina is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that vPatina shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You hereby expressly and irrevocably release and forever discharge vPatina, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Site and the Services.
You hereby agree to indemnify and hold harmless vPatina, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys' fees, resulting from or arising out of (i) a breach of these terms, (ii) content posted on the site, (iii) the use of the services, by you or any person using your account or vPatina Username and password, (iv) the sale or use of your Gallery Images, or (v) any violation of any rights of a third party.
In no event shall vPatina be liable under contract, tort, strict liability, negligence or other Legal theory with respect to the site, the service or any content (i) for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, (ii) To provide substitute goods or services (however arising), or (iii) for any direct damages in excess of (in the aggregate) $100.
vPatina, vPatina.com and other vPatina graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks or trade dress of vPatina. vPatina’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of vPatina. The images and icons available in the vPatina icon pack may used by partners and third party sites in connection with providing appropriate links to the vPatina site.
vPatina may terminate or suspend any and all services and/or your vPatina account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms. Upon termination of your account, your right to use the services will immediately cease.
If you wish to terminate your vPatina account, you may simply remove all your content from your account and discontinue using the services. All provisions of the terms which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
It is your responsibility to remove all content from your account in case of termination.
vPatina reserves the right, at its sole discretion, to modify or replace the terms at any time. If the alterations constitute a material change to the terms, vPatina will notify you by posting an announcement on the site.
Any change that relates to copyright will be considered a material change.Any other changes will be determined to be material changes at vPatina’s sole discretion. You shall be responsible for reviewing and becoming familiar with any such modifications. Using any service or viewing any content following notification of a material change to the terms shall constitute your acceptance of the terms as modified.
No agency, partnership, joint venture, or employment is created as a result of the terms and you do not have any authority of any kind to bind vPatina in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. vPatina shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond vPatina’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
If any provision of the terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the terms shall otherwise remain in full force and effect and enforceable. vPatina may transfer, assign or delegate the terms and its rights and obligations without consent.
The terms shall be governed by and construed in accordance with English law, as if made within England between two residents thereof, and the parties submit to the exclusive jurisdiction of English courts. Both parties agree that the terms are the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of the terms.
These Terms & Condisition are Effective as of March 6th, 2019