Acceptance of Terms

The web pages available at vPatina.com and all linked pages (“site”) and services and tools provided to third party websites operated by artists, galleries, and curators are owned and operated by vPatina, a Netherlands-based company. The site is accessed by you under the Terms of Use described below.

Please read these terms carefully before using the services. By accessing the site, viewing any content or using any services (as defined below) available on the site, or on the sites of clients using our technology, you are agreeing to be bound by these terms, which together with our Privacy policy, governs our relationship regarding our services. If you do not accept these terms in full, you may not access the site or use our services on third party websites.

Basically,

By using vPatina you agree to all the terms, as defined in the small print (the larger font summary, including this text, is not legally binding).

Description of Services

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.

Basically,

We help you build your online art community and provide services to create online portfolios and build gorgeous websites. We’re innovating all the time and we welcome your feedback. At times things can go wrong and the service may be interrupted.

Third Party Services Including Domains

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.

Basically,

We aren’t liable for any third party services or disputes over the ownership of websites domains. You must only use domains that you have the right to use.

Registration

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.

Basically,

To fully use the services you need to create your own account, without violating other peoples' rights.

User Conduct

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 abuse, harass, threaten, impersonate or intimidate any person;
• To post or transmit, or cause to be posted or transmitted, any content that is libellous, pornographic, that infringes any copyright or other right of any person, or that is not permitted under the laws of the jurisdiction where you use the services;
• To post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any vPatina user;
• To create or transmit unwanted ‘spam’ to any person or any URL
• To create multiple accounts for the purpose of manipulating social networks and vote on social networks; or otherwise artificially inflate or alter vote counts, blog counts, comments, etc.
• To post copyrighted content which does not belong to you
• With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
• To advertise to, or solicit, any user to buy or sell any products or services, or to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent;
• To sell or otherwise transfer your profile.

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.

Basically,

We support artists, curators and galleries. You cannot use our site to post pornographic material, harass people, send spam, and do other crazy stuff.

vPatina Intellectual Property

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.

• Artists, curators and galleries should note that the above paragraph does not apply to the artworks that they license to vPatina which are governed by the terms of the separate agreement that they enter into with vPatina. The paragraph also doesn’t apply to any other images or media artists connect to their art. This paragraph does not apply to information about an artwork, exhibition or event or information in a members’ profile, regardless of whether or not they are an artist, curator, gallery or collector.
• You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to vPatina (including, without limitation, Member Content associated Members other than you) are owned by, or licensed to, us. You may use and access vPatina and that member content only to the extent required for the use of the services in accordance with these conditions, and for the purpose that we make them available.
• No-one may copy, distribute, show in public or create any derivative work from vPatina, or any of the material which is found on vPatina unless properly licensed to do so by us.
• Members agree not to use any robot, spider, scraper or other automated means to access vPatina for any purpose without our prior express written permission.

Basically,

Content you post may appear on a range of devices and websites, such as Facebook and Twitter. We respect and protect your copyright. You have to respect our copyright.

Payment of fees

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).

Invoices

vPatina and/or its affiliated companies will issue an invoice or credit memo for any payment of Fees or refund made to or by VPatina (“Invoice”). Each Invoice will be issued in electronic form and based on the country stated in your billing address, and will be made available to you via your User Account and/or by e-mail. For the purpose of issuing the Invoice, you may be required to furnish certain Personal Information (as such term is defined in the Privacy Policy) in order to comply with local laws. Please note that the Invoice presented in your User Account may be inadequate with your local law requirements, and in such case may be used for pro forma purposes only.

Subscriptions & Auto Renewals

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.

Termination of Paid Services

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.

Basically,

You will need to pay for certain services. We may request and collect agreed payment and related information from relevant providers and banks. Invoices are available in your account. You are responsible for making sure your subscriptions are renewed.

Making Content Available

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:

• By uploading your images to vPatina you retain full rights to those works that you had prior to uploading. Subject to the terms of license, you retain full ownership or other rights in your content and any intellectual property rights or other proprietary rights associated with your content.
• You are the owner of all rights, including all copy rights in and to all content you submit to the site.
• Where required by law, you have obtained and have copies of model releases from all subjects depicted in your Gallery Images, and such persons voluntarily consented to publication and/or dissemination of their likeness for all legal purposes. Upon our request you will provide a copy of the model release from any subject depicted in your Images to vPatina.
• You have the full and complete right to enter into this agreement and to grant to vPatina the rights in the content herein granted, and that no further permissions are required from, nor payments required to be made to any other person in connection with the use by vPatina of the content as contemplated herein.
• The content does not infringe upon the copyright, moral rights, publicity rights, privacy rights or any other right of any person, or violate any law or judicial or governmental order.
• When you publish your content, you thereby give vPatina a non-exclusive, transferable, worldwide license to use, distribute, reproduce and publicly display such content in accordance with these terms and conditions.
• This license will exist for the period during which the content is published on the site and will automatically terminate upon the removal of the content from the site;
• vPatina will not put links to either your work on third party websites without your express written consent.
• The license granted to vPatina does not prejudice your right to use your content fully or partially to distribute and redistribute to other parties, web-sites, applications, and other entities.
• vPatina uses measures to restrict the ability of users and visitors to the site or the sites of clients to make high resolution copies of content posted. Notwithstanding this, vPatina makes no representation and warranty that content posted on the site will not be unlawfully copied without your consent.
• vPatina does not restrict the ability of users and visitors to the site to make low resolution or ‘thumbnail’ copies of content posted on the site. You hereby expressly authorize vPatina to permit users and visitors to the site to make such low resolution copies of your content.

Basically,

You have and will retain at all times the copyright to your digital art/ images. We will protect the copyright. We will not put links to your art and exhibitions on third party websites without your permission.

Copyright Complaints

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.

Basically,

We respect copyright. If anything is wrong, please contact us

Links

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.

Basically,

Some people may post links, we are not responsible for those links.

Release And Indemnity

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.

Limitation Of Liability

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.

Basically,

We are not liable. But we may pay you $100 if something goes really wrong. Always have a backup of your artwork, contacts etc.

Trademarks

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.

Basically,

Please respect our trademarks and brands.

Termination

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.

Basically,

We may stop providing services at any time. You can close your account at any time as well.

Change

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.

Basically,

If there is a major terms of use change, we will notify you. Your are responsible for knowing what the terms of use are.

Miscellaneous

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.

Basically,

Things can happen — We are not liable. English law applies.

Effective Date of this Privacy Policy

These Terms & Condisition are Effective as of March 6th, 2019

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Effective as of March 6th, 2019.