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unframe showcases Works by emerging artists and designers from all over the world online and at its shows.
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Target $4,000 // I pledge $100
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A Co-Producer is the Patron of the 21st century. Support your favourite artist or designer by pledging to the Work you like an amount of your choice.
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Work sold for $10,000 // I get $154
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The target amount is 40% of the Work's price. That's why when the Work you funded sells for its full price, you get a commission.
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User Terms
Website Terms of Use

1. TERMS OF USE OF OUR WEBSITE

Welcome and thank you for using art:i:curate. The following Terms of Use ("Agreement") is an agreement between you ("you" or "your") and D-Arte Ltd (trading as art:i:curate), a limited company incorporated in England with registered company number 08114888 and whose registered address is at 20-22 Wenlock Road, London, N1 7GU (“art:i:curate”, “we”, “our” or “us”).

This Agreement applies to everyone accessing or using the Website, including but not limited to those who browse, buy, sell or otherwise provide any content, information or services on the Website. By accessing or using the Website, you acknowledge and agree to be bound by this Agreement. If you do not agree with the terms in this Agreement, you may not access or use the Website.

We reserve the right to modify this Agreement in our sole discretion by making changes on the Website. Any changes will be effective when published on the Website, and your continued use of the Website after changes have been made will mean that you agree to the new terms. Please review this page regularly to remain informed of the current terms and conditions.

Any capitalised term not defined herein shall have the meaning given in the Co-Producing Terms and Conditions and/or the Privacy Policy, which, in conjunction with this Agreement, constitute the entire agreement between art:i:curate and each User (together the “User Terms”).

Please review the User Terms carefully and make sure that you understand them before using the Website. By using the Website, you agree to be bound by the User Terms. You also agree to the Privacy Policy and agree to art:i:curate’s use of cookies set out therein. If you do not agree to these Terms, you must cease use of the Website immediately.

2. DEFINITIONS

The following capitalised terms used herein shall have the following meanings:

Account: the account, which must be created by each Creator and Co-Producer before (i) a Campaign can be launched (ii) a Pledge can be made to a Campaign and (iii) any Work can be displayed on its profile or (iv) any other User of the Website can be followed.

art:i:curate: means D-Arte Ltd t/a art:i:curate, a limited company incorporated in England with registered number 08114888 and registered address at 20-22 Wenlock Road, London, N1 7GU.

Campaign: the process by which a Creator lists a crowdfunding campaign for Co-Producers on the Website for which Pledges are made in return for the part-ownership of a finished Work.

Campaign Description: the information submitted by the Creator detailing its Campaign and the terms of the Campaign and subsequently approved by art:i:curate for listing on the Website.

Co-Producer: a person who makes a Pledge in respect of a Campaign.

Content Partners: artists, product designers, curators, galleries, museums, individuals or other entities that may use the Website to exhibit Works of Art and Design Products as well as offer Works of Art and Design Products for sale. Content Partners are also art:i:curate users subject to this Agreement and, in cases where content is submitted to us, must be approved or invited by us.

Contract: a contract for the sale of a Work made between a Creator (as seller), art:i:curate (as agent) and the buyer.

Creator: the artist or product designer seeking to raise funds via the Website.

Design Product: prototypes and designs products including, but not limited to, furniture, lighting, tableware, and jewellery.

Intellectual Property Rights: patents, rights to inventions, copyright and related rights, trade marks, trade names and domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which may now or in the future subsist in any part of the world.

Minimum Contribution: the minimum amount that a Co-Producer can Pledge in respect of a Campaign. This will usually be $10.00 unless (i) stated otherwise on the Campaign Description, or (ii) where there is less than $10.00 needed to reach the Target Amount, the exact amount needed to reach the Target Amount.

PayPal Account: one of the payment-processing providers used by the Company for transactions relating to the Campaign.

Pledge: the act of a Co-Producer making a monetary offer of at least the Minimum Contribution through the Website to become a part-owner of Work subject to a particular Campaign. “Pledged” and “Pledging” shall be interpreted accordingly.

Stripe Account: one of the payment-processing providers used by the Company for transactions relating to the Campaign. Creators can set up an account via the Website.

Target Amount: the minimum aggregate amount of Pledges (in monetary value) required in order for the Campaign to be successful and for the Creator to receive the pledged money. This amount will be detailed in the Campaign Description and is set by the Creator.

User: any person or company (whether incorporated or unincorporated) who uses the Website and/or its Services.

Website: means any website published by art:i:curate from time to time including without limitation the website at www.articurate.net and its subdomains, any associated social networking profiles and any applications for mobile devices published by art:i:curate from time to time.

Work of Art: includes, but is not limited to, collages, drawings, installations, mixed media, paintings, photographs, sculptures, and videos.

Work: the finished Work of Art or Design Product that is the subject of the Campaign, sale or showcase on the Website or art:i:curate physical events and exhibitions.

A reference to “he”, “him” or “his” shall as applicable include or be treated as a reference to “she”, “her” or “hers”.

3. ACCESS TO THE WEBSITE

You are free to browse the Website without creating an Account. However, in order to submit your Work, ‘like’ other Works, 'follow' other Content Partners or registered Users, create a Campaign and/or make a Pledge to a Campaign, you will need to register an Account.

You must be at least 18 years old to register for an Account. If you are registering on behalf of a business or other legal entity, in doing so you represent and warrant that you are authorised to bind such business or entity to this Agreement.

You can create an Account by explicitly accepting the User Terms by ticking the box required and entering your name, email address, password, and any further information as required. Alternatively, you can login to the Website and create an Account through a profile held in your name with a social networking website (an “External Profile”). In the event that you seek to login through an External Profile, art:i:curate will use certain information about you contained on such External Profile to populate forms on the Website. The use of certain features or services that we offer may be subject to additional terms and conditions published on the Website or otherwise made available to you.

You will be sent a confirmation email, which will contain a link for you to confirm your registration. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party. If you lose or have your password stolen, you must follow the “Forgot password?” link and procedure on the Website. You will be able to change your password by following the instructions at this link.

You are not permitted to transfer or sell your art:i:curate Account (including the removal of any Works) and must not use another Account without the account holder's permission. The responsibility for keeping your Account password secure is solely yours and we are not liable for any loss or damage arising from any unauthorised use of your Account.

art:i:curate may reject any registration, close any Account and withdraw User access to the Website for any reason, immediately and without notice, at its sole and absolute discretion, including if you provide false or incorrect User Account information, establish multiple Accounts or do not notify art:i:curate of changes to your user profile information immediately.

In our sole discretion we may change or update any part of the Website or take any action we believe is necessary to maintain the security of the Website, including but not limited to requiring additional information before allowing the use of your Account or changing your password.

Each User represents and warrants that all information provided by it when registering an Account is true, complete, current, and correct in all material respects.

Each User undertakes to notify us in the event that any information changes by updating its Account information via its user dashboard or settings.

Each User is advised to log out of its Account each time it ends a session having been logged in from a public machine.

4. CONTENT

Any content uploaded to the Website including, but not limited to, the Content Partner’s profile page, Campaign content, Works or comments posted by Users in relation to any Campaign or Work is defined herein as “User Content”.

The User who uploads User Content retains all the rights of ownership owned by it (including any Intellectual Property Rights) in such User Content.

The User grants an irrevocable, worldwide, transferable, perpetual, royalty-free, sub-licensable, non-exclusive licence to art:i:curate to use, modify, publish, distribute, translate and display any or all such User Content whether in public, in any medium and form whether now or hereafter developed, in any jurisdiction now and in the future (the “art:i:curate License”). For the avoidance of doubt, the art:i:curate License shall extend to User Content which includes any mark, trademark, likeness and/or biographical materials.

art:i:curate shall have no obligation to identify any User or acknowledge its ownership of any User Content but may do so if it wishes.

art:i:curate grants an irrevocable, perpetual, worldwide, royalty-free license to each User to view, download, distribute (subject to the below) and otherwise use any User Content for the purposes of taking advantage of the services being supplied by art:i:curate (the “User License”) on condition that the use of such User Content by any User is limited to non-commercial use and any distribution of such User Content contains a clear and unequivocal acknowledgement that such User Content is owned by the relevant User and licensed from art:i:curate.

Each User hereby represents and warrants to art:i:curate that any User Content uploaded by it to the Website and/or transmitted to any User via the Website that:

    1. such User has the right to publish, sell and transfer title (free from all liens, claims and encumbrances) in such User Content (whether by virtue of ownership of the Intellectual Property Rights in such User Content or as a result of the grant to the User of a license to use and publish such User Content);

    2. with regards to a Campaign or Work, such User Content uploaded by a Creator:

      1. relates solely to the Creator and does not represent any other business; and

      2. contains all necessary and accurate information in relation to the Work.

    3. the publication of such User Content on the Website is not likely to bring the reputation of art:i:curate into disrepute;

    4. such User Content:

      1. is accurate to the best of the User’s knowledge;

      2. is not illegal in the UK or in any jurisdiction in which such User Content might reasonably be expected to be viewed and does not promote any illegal activity;

      3. does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;

      4. does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;

      5. does not contain libellous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;

      6. does not depict any person less than 18 years of age (whether or not decent or indecent);

      7. is not likely to cause offence to any viewer of such User Content;

      8. does not promote or relate to any pyramid scheme, contest, lottery, sweepstake, or barter activity; and

      9. is not likely to lead a viewer to assume that the User is related to, authorised by or otherwise represents art:i:curate.

Each User acknowledges and agrees that art:i:curate may review, amend, and approve some or all User Content (at its sole and absolute discretion) uploaded to the Website and/or transmitted by any User to any other User via the Website. art:i:curate shall be entitled to remove any User Content without notice and without giving any reason.

If the User Content uploaded to the Website is a Work, such Work shall not be uploaded, showcased or sold on any other website that carries on a business that is substantially similar to art:i:curate.

Each User acknowledges and agrees that art:i:curate may be required to provide information about the origin of any unlawful User Content published and/or the occurrence of any unlawful activity occurring on the Website to any police or judicial authority in any country in which such User Content has been viewed and is illegal and each User hereby irrevocably authorises art:i:curate to provide such information to such persons (on request or in our discretion) without consulting or informing it.

If you view any User Content on the Website that you believe breaches any of the above restrictions, you undertake and agree to report such User Content to art:i:curate as soon as is reasonably possible.

You acknowledge and agree that:

    1. all User Content posted on, transmitted through, or linked from the Website, is the sole responsibility of the person from whom such User Content originated;

    2. art:i:curate does not control and is not responsible for User Content made available through the Website;

    3. the Website and User Content available through the Website may contain links to websites, which are completely unrelated to art:i:curate. art:i:curate makes no representation or guarantee as to the accuracy or authenticity of the information contained in any such website. Linking to any other website is entirely at your own risk;

    4. you must evaluate and bear all risks associated with the use of any User Content; and

    5. under no circumstances will art:i:curate be liable in any way for User Content or for any loss or damage of any kind incurred as a result of the use of any User Content listed, emailed or otherwise made available via the Website.

You have no right to require that art:i:curate deletes, amends or removes any User Content once any User Content has been published. art:i:curate in its sole and absolute discretion may amend, delete or remove some or all User Content. In the event that art:i:curate agrees to remove any User Content relating to any Campaign after such Campaign has been launched and/or has received a Pledge or other support of any kind, art:i:curate reserves the right in its sole and absolute discretion to:

    1. annotate the User Content to make it clear what has been changed and/or removed;

    2. email each person who has made a Pledge to notify such person of the change and give such person the right to withdraw its Pledge or other support; and/or

    3. require that the Campaign is cancelled and re-launched with the amended User Content and that each person who has made a Pledge is given the right to withdraw the Pledge.

If you wish to remove a Work from your user profile you must give notice to art:i:curate by email at info@articurate.net. art:i:curate reserves the right to delay such removal for the earlier of:

    1. the sale of the Work; or
    2. 30 days after such notice has been given to art:i:curate.

In the event that you sell a Work outside of the Website and do not update art:i:curate within 48 hours, art:i:curate may in its sole and absolute discretion charge you an administration fee equal to 20% of the published retail price if such Work remains available for sale through the Website but is not available for delivery.

art:i:curate Content

All content contained on the Website or in any communication or post on any social media platform other than User Content (together “ art:i:curate Content”) belongs to art:i:curate or has been licensed to art:i:curate by third parties.

art:i:curate grants you a limited, terminable, non-transferable, revocable licence to use, display and save art:i:curate Content solely in accordance with the following:

    1. other than in respect of a Content Partner, for personal non-commercial use;

    2. for the purposes of using the Services as contemplated by the User Terms; and

    3. by:

      1. downloading such art:i:curate Content to one computer; and/or

      2. printing one copy of such art:i:curate Content; and/or

      3. viewing any video or image on one computer,

in each case on condition that the format and display of any art:i:curate Content is not altered and any copyright notice and disclaimer or risk warning notice contained on the version of such art:i:curate Content found on the Website remains clear and visible.

Infringement

By using the Website you acknowledge and agree that art:i:curate may preserve or disclose User Content, as well as your information, if required to do so by law or in the good faith belief that such preservation or disclosure is necessary to:

    1. identify copyrighted work or other Intellectual Property Rights that you (or any other person) claim has been infringed;

    2. identify any User Content that you claim (or any person) claims is infringing, with enough detail so that we may locate it on the Website;

    3. confirm a statement by you (or any other person) that User Content displayed is not authorised by the copyright owner, its agent, or the law; and

    4. confirm a statement by you (or any other person) declaring (a) the above information is accurate, and (b) that you are (or any other person is) the owner of the copyright interest involved or that you are authorised to act on behalf of that owner.

You may not infringe or try to infringe the privacy or rights of other Website Users. This includes storing or trying to store personal data of other Website Users.

5. RESTRICTIONS

Unless we have specifically agreed otherwise with you in writing, you are permitted to use the Website only for personal, non-commercial purposes. In addition to any other restrictions in this Agreement, you must not (and must not assist or permit any third party to) do any of the following:

    1. use the Website in any way that violates or contributes to the violation of any third party rights, including but not limited to any copyrights, moral rights, trademark rights, privacy rights or publicity rights;

    2. use the Website in any way that violates or contributes to the violation of any local, state, national or international laws, rules or regulations;

    3. use the Website in any way that is abusive, deceptive, defamatory, fraudulent, harassing, harmful, hateful, obscene or threatening;

    4. take any action intended to interfere with the normal functioning of the Website or obtain unauthorised access to any personal or proprietary information or property of art:i:curate or any other User or third party;

    5. use the Website in any way impersonating any other person or entity;

    6. transmit any unauthorised advertising, auto-responder or spam on the Website;

    7. take any action that imposes an unreasonable or disproportionately large load on our servers or systems;

    8. use automated or manual methods to crawl, robot, scrape, spider or otherwise monitor or extract data from the Website (we also reserve the right to use robot exclusion headers within the Website);

    9. decipher, decompile, disassemble or reverse engineer any part of the Website;

    10. mirror or frame any part of the Website on another website;

    11. create or use any meta-tags which contain any art:i:curate trademarks or other confusingly similar marks; and/or

    12. remove or interfere with any copyright notices or digital “watermarks” on any images or other content intended to indicate the source and/or ownership of such content.

6. PRIVACY

We pride ourselves on respecting the privacy of our Users. The information we obtain from you in connection with your use of the Website will be handled according to our Privacy Policy, the terms of which are hereby incorporated into the User Terms.

Whilst art:i:curate has implemented commercially reasonable technical and organisational measures to secure your personal information and User Content from unauthorised use, art:i:curate cannot guarantee that unauthorised third parties will never be able to defeat those measures. You acknowledge that you provide your personal information and User Content at your own risk.

You provide us with information when you register on the Website. We also collect information both relating to you (for example on your usage history and your preferences for Campaigns) and to Users of the Website in general. Any information that you submit or that we collect when you are using the Website is subject to the art:i:curate Privacy Policy.

7. THIRD PARTY CLAIMS

We are not responsible for monitoring any communications or content on the Website and we are not involved in user-to-user interactions. We cannot always identify every User and cannot guarantee that any User is who they claim to be. We recommend to be careful when interacting with other Users and you acknowledge that despite the restrictions in this Agreement, others may use the Website in a way that is deceptive, fraudulent, harmful, offensive or illegal.

Accordingly, you agree to:

    1. hold art:i:curate and our shareholders, officers, directors, agents, employees, affiliates, representatives, and consultants completely harmless from any claims, damages, demands or liabilities arising in any way from the use of the Website by any other User or third party, including but not limited to any claims arising from your interactions or dealings with any Content Partner or other User; and

    2. attempt to resolve any such matters directly with the other User or third party.

8. INDEMNITY

You agree to indemnify, defend and hold harmless art:i:curate and our shareholders, officers, directors, agents, employees, affiliates, representatives, and consultants from and against any actions, claims, damages, demands or liabilities (including reasonable attorneys’ fees) asserted by any third party and arising in any way from your use of the Website, your breach of this Agreement, or your violation of any third party right. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you agree to assist and cooperate with us in asserting any available defences. This indemnification and defence obligation will survive this Agreement and your use of the Website.

9. THIRD PARTY WEBSITES

The Website may include links to websites of third parties that we do not own or control. Your use of third party websites or services is solely at your own risk and may be subject to the policies of those websites or services. Links to and from the Website do not constitute our endorsement of or association with any third party website or service, and we are not liable for any loss or damage arising from your use of any third party websites or services accessed in connection with the Website.

10. WARRANTY DISCLAIMER AND LIMITATION OF LIABILITY

art:i:curate provides the Website "as is" and without any warranty or condition, whether express, implied or statutory.

art:i:curate specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

No Reliance

The inclusion of a Campaign on the Website does not mean that art:i:curate is recommending that you make an investment, donation or lend any money to a Campaign. Further, it does not mean that art:i:curate believes that the Campaign will be successful or that the Campaign, any detail contained on the Website in relation to it and/or any person connected with the Campaign is legitimate, accurate or not misleading.

Any decision to get involved in any Campaign in any way is the decision of the User and the User alone. You are advised to seek independent legal and financial advice prior to getting involved in any Campaign particularly if you have any questions or do not understand the nature of any Campaign or your involvement in it.

You may not rely on any information other than that which is contained on the Website directly relating to any Campaign in making any decision to become involved in any Campaign in any manner.

Save for where art:i:curate has signified in these User Terms that it shall conduct due diligence on Users, all Users acknowledge and agree that they are responsible for their own due diligence if they are considering making a Pledge.

All Users acknowledge and agree that they shall not disclose any confidential information contained in a Campaign (including the Campaign Description) to any third party without the prior written consent of the owner of such User Content.

Exclusions and limitation of liability

art:i:curate does not seek to exclude liability for death or personal injury caused by any gross negligence, fraud or fraudulent misrepresentation on the part of art:i:curate. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

art:i:curate assumes no liability or responsibility for:

    1. any errors or omissions in the Website;

    2. any fault relating to any device used to access the Website;

    3. any bandwidth restriction that restricts and/or prevents access to the Website;

    4. any failures (including without limitation the ability to access the Website), delays or interruptions in the Website;

    5. any losses or damages arising from the use of the Website and/or the Services (including any viruses, malware or other harmful components);

    6. any conduct by Users of the Website;

    7. any use of third party software or services including without limitation Stripe or PayPal; or

    8. any unauthorised use of any Stripe Account or PayPal Account.

art:i:curate shall not be liable in the event that any defect or otherwise in the Website results in you losing or being unable to access (whether temporarily or permanently) any User Content.

In no event shall art:i:curate, its shareholders, directors, officers, employees, affiliates, consultants, representatives or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Website or these User Terms, on any theory of liability, and whether or not advised of the possibility of damage.

You acknowledge and agree that art:i:curate is not responsible for the accuracy of any information published on the Website by Users and does not warrant that any information appearing on the Website is accurate, true or complete. art:i:curate specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Website.

The Website and any User Content displayed thereon may contain facts, views, opinions, recommendations and advice. These views, opinions, recommendations and advice are not those of art:i:curate and are not endorsed by art:i:curate. art:i:curate shall not be liable in the event that any User Content is defamatory, misleading, incomplete or incorrect. Similarly art:i:curate shall not be liable in the event that any fact is incorrect or misleading.

You must not rely on any information, article or advice contained on the Website. Any article or information contained on the Website is a generic summary and must not be viewed as specific tailored legal, financial or professional advice.

art:i:curate reserves the right to deliver the Website and the Services in its sole and absolute discretion.

If we are found liable to you or any third party, this liability will be limited to the total amount you have paid to art:i:curate during the 3 months before the action giving rise to such liability, or £100 GBP, whichever is greater. Some jurisdictions do not allow the exclusion of certain damages or implied warranties, so such exclusions may not apply to you.

11. SALES OF WORKS - OVERVIEW

We are a party to any sale as agent for the Content Partner. Buyers and Content Partners may be introduced to each other through the Website. We may sell Works or other property to Users and our Content Partners receive a commission on certain sales processed through the Website or at our physical events and exhibitions.

If a Work has been the subject of a Campaign that has reached the Target Amount, art:i:curate will charge the fee as set out in the Co-Producing Terms and Conditions.

If a Work of Art of Design Product has not been the subject of a Campaign, art:i:curate applies a fee of 30% (excluding VAT) of the price at which the Work was sold if the Work was a Work of Art, and a fee of 25% (excluding VAT) of the price at which the Work was sold if the Work was a Design Product.

When we have received the cleared funds from a buyer, the Content Partner shall release the Work for delivery. Unless agreed otherwise, the Content Partner shall be responsible and liable for the cost of packing, shipping, insuring and import/export duties.

We will deduct the art:i:curate fees and any payment-processing fees from the amount the Work was sold for (the “Net Sale Proceeds”). The Content Partner will receive the Net Sale Proceeds within thirty (30) days of our receipt of cleared funds from the buyer for payment of the Work.

Distribution of any portion of the Net Sale Proceeds shall be by electronic transfer to an account identified by the Content Partner.

The Content Partner authorises art:i:curate to deduct and retain from the Net Sale Proceeds any other amount it owes us, whether arising out of the sale of the Work or otherwise.

art:i:curate has no obligation to enforce payment by the buyer. If we do not receive payment from the buyer within thirty (30) days of the order, we shall have the right to cancel the Contract and, at our sole and absolute discretion:

    1. where applicable, return the Work to the Content Partner at our expense; or

    2. list the Work again for sale on the Website and at our events.

12. RIGHTS AS TO RETURNS AND REFUNDS

This clause 11 only applies if you are a consumer. This clause 11 does not apply to a Work that has been custom made to your requirements.

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Work, you can notify us of your decision to cancel the Contract and receive a refund.

Your legal right to cancel a Contract starts from the date of the “Dispatch Confirmation” (the date on which we email you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:

Your Contract

End of the cancellation period

Your Contract is for a single Work (which is not delivered in instalments on separate days).

The end date is the end of 14 days after the day on which you receive the Work.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the Work on 10 January you may cancel at any time between 1 January and the end of the day on 24 January.

Your Contract is for either of the following:

- one Work which is delivered in instalments on separate days.

- multiple Works which are delivered on separate days.

The end date is 14 days after the day on which you receive the last instalment of the Work or the last of the separate Works ordered.

Example: if we provide you with a Dispatch Confirmation on 1 January and you receive the first instalment of your Work or the first of your separate Works on 10 January and the last instalment or last separate Work on 15 January you may cancel in respect of all instalments and any or all of the separate Works at any time between 1 January and the end of the day on 29 January.

To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to email us at info@articurate.net. If you use this method we will email you to confirm we have received your cancellation. Please include details of your order to help us to identify it. If you send us your cancellation notice by email your cancellation is effective from the date you send us the email.

If you cancel your Contract we will:

    1. refund you the price you paid for the Works. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the goods, if this has been caused by your handling them. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount to compensate us;

    2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method).

    3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

      1. if you have received the Work and we have not offered to collect it from you: 14 days after the day on which we receive the Work back from you or, if earlier, the day on which you provide us with evidence that you have sent the Work back to us;

      2. if you have not received the Work or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.

If you have returned the Work to us under this clause 11 because it is faulty or misdescribed, we will refund the price of the Work in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

We will refund you on the credit/debit card used by you to pay.

If a Work has been delivered to you before you decide to cancel your Contract:

    1. you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. You can either send it back;

    2. unless the Work is faulty or not as described, you will be responsible for the cost of returning the Work to us.

Because you are a consumer, we are under a legal duty to supply Works that are in conformity with the Contract. As a consumer, you have legal rights in relation to Works that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 11 or anything else in these Terms.

13. DELIVERY

We will contact you with an estimated delivery date after you have made an order. Occasionally our delivery to you may be affected by an “Event Outside Our Control”.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

Delivery of an order shall be completed when we deliver the Work to the address you gave us and the Work will be your responsibility from that time.

You own the Works once we have received payment in full, including all applicable delivery charges.

This rest of this clause 12 only applies if you are a consumer.

If we miss the delivery deadline for any Work then you may cancel your order straight away if any of the following apply:

    1. we have refused to deliver the Work;

    2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or

    3. you told us before we accepted your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your order if we do not meet the new deadline.

If you do choose to cancel your order for late delivery for the reasons stated above and you have ordered more than one Work, you can do so for just some of the Works or all of them, unless splitting them up would significantly reduce their value. If the Works have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your order we will refund any sums you have paid to us for the cancelled Works and their delivery.

14. INTERNATIONAL DELIVERY

We deliver the Works to countries outside the UK (“International Delivery Destinations”). However there may be restrictions on some Works for certain International Delivery Destinations.

If you order Works from our Website for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes, which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

You must comply with all applicable laws and regulations of the country for which the Works are destined. We will not be liable or responsible if you break any such law.

15. PRICE OF PRODUCTS AND DELIVERY CHARGES

The prices of the Works will be as quoted on our Website at the time you submit your order. We take all reasonable care to ensure that the prices of Works are correct at the time when the relevant information was entered onto the system.

Prices for our Works may change from time to time, but changes will not affect any order you have already placed.

The price of a Work includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Works in full before the change in VAT takes effect.

The price of a Work does not include any applicable delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order.

The Website contains a large number of Works. It is always possible that, despite our reasonable efforts, some of the Works on our Website may be incorrectly priced. If we discover an error in the price of the Works you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Work at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Works to you at the incorrect (lower) price.

16. HOW TO PAY

You can pay for Works using a debit/credit card. We accept the following cards: Visa, MasterCard and American Express.

17. TERMINATION

You may terminate your own Account at any time. We may terminate your Account or otherwise revoke your access to the Website at any time without prior notice, if we believe you have breached this Agreement or for any other reason, in our sole discretion and without liability. If your use of the Website and/or Account is terminated by us in any event, you must stop using the Website immediately, except that any outstanding obligations between you and us (including all payment obligations), all remedies for breach of this Agreement, and all terms and conditions of Sections 4 and 6-14 (inclusive) of this Agreement will survive and remain fully valid and enforceable. We will have no obligation to forward any unread or unsent messages associated with terminated Accounts.

If your Account is terminated, art:i:curate reserves the right to keep some or all of your user profile information on the Website if you have had a Campaign which has reached the Target Amount.

If after terminating your Account you wish to remove User information or Work(s) from your user profile you must give notice to art:i:curate by email at info@articurate.net stating that none of your Works are in a Campaign or in a physical exhibition. art:i:curate reserves the right to delay the removal of such information or Work(s) for the earlier of:

    1. the sale of any or all of the Work(s); or

    2. 30 days after such notice has been given to art:i:curate.

18. INTELLECTUAL PROPERTY

art:i:curate and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, design, text, graphics and all software and source code connected with the Website other than User Content. art:i:curate grants you a limited licence to use the Website solely as set out in the User Terms.

The Website is protected by UK and International intellectual property laws.

Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Website (or any part of it) or any material provided through the Website.

art:i:curate grants you a limited licence to use the Website and the Services solely as set out in the User Terms. Any unauthorised use of the Website will result in the automatic termination of the limited license granted by us. art:i:curate reserves the right to terminate the limited license without notice at any time following an unauthorised use by you of the Website.

art:i:curate and its graphics, logos, icons and service names related to the Website are registered and unregistered trademarks or trade dress of art:i:curate. They may not be used without art:i:curate’s prior express written permission.

All other trademarks not owned by art:i:curate that appear in connection with the Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by art:i:curate.

art:i:curate keeps a backup of User Content and data to the extent required by applicable law and regulation. Any User who wishes to be provided with any of their User Content or data backed up by art:i:curate should review the Privacy Policy for more details on how to do it.

If you delete your profile, you will not be able to automatically download the User Content or data that you have uploaded.

We respect the Intellectual Property Rights of others and require Users to do the same. We reserve the right to remove or disable access to any content on the Website claimed to be the subject of copyright infringement.

Reporting Claims:

If you believe that content on the Website has been used in a way that constitutes copyright infringement, you may send a written copyright infringement notice, as a signed PDF email attachment to: support@articurate.net. Each notice must contain:

    1. identification of the copyrighted work(s) you claim have been infringed, and information establishing your ownership of copyright(s) in such work(s) or your authorisation to act on such copyright owner's behalf;

    1. identification of the allegedly infringing content you wish to have removed from the Website; and

    2. information reasonably sufficient to allow us to contact you, such as your telephone number and email address.

When we receive a notice, if we believe that it may constitute a valid claim, we will promptly remove or disable access to the allegedly infringing content, and notify the provider of such content that we have done so. Repeat offenders will have their Account and use of the Website terminated. Any infringing content will be permanently removed from the Website.

If you are the provider of allegedly infringing content and you believe that such content is not infringing, you may send us an explanation by email to: support@articurate.net. We will review the matter and in our sole discretion determine the most appropriate way to proceed. We have no obligation to replace the content on the Website.

19. GENERAL

No agency, partnership, joint venture, or employment relationship is established as a result of this Agreement or your use of the Website. This Agreement, in addition to other written agreements you may enter into with art:i:curate, is the entire agreement and understanding between you and us regarding the subject matter of this Agreement and supersedes all prior and contemporary communications between you and us regarding the subject matter of this Agreement whether those communications are digital, oral or written. If any term or condition of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that term or condition will be limited or removed to the minimum extent necessary so that this Agreement will otherwise remain fully valid and enforceable. Our failure to exercise or enforce any of our rights under this Agreement will in no event constitute a waiver of those rights or any other rights under this Agreement.

The Website Terms and Conditions are agreed between you and art:i:curate. No person shall have any rights under or connection with the User Terms under the Contracts (Rights of Third Parties) Act 1999.

Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section.

art:i:curate’s failure to enforce any provision of the User Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with such provision.

You are not permitted to assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights under the User Terms without art:i:curate’s prior express written consent.

The User Terms set forth the entire understanding and agreement between you and art:i:curate with respect to the subject matter hereof.

20. JURISDICTION AND GOVERNING LAW

This Agreement and all claims or issues regarding art:i:curate, shall be governed according to the laws of the United Kingdom. Any claim or cause of action you may have against art:i:curate must be commenced and filed within 1 year after it arises or else the claim or cause of action will be permanently barred. Any legal action must be brought in the United Kingdom.

For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than £10,000.00 GBP, the party requesting relief may elect to resolve the dispute in a cost-effective manner through alternative dispute resolution (ADR). If a party elects arbitration, that party will initiate such arbitration through an ADR provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:

    1. the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;

    2. the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and

    3. any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Last modified 25 March 2015.

Privacy Policy
Introduction

For the purpose of this Privacy Policy “you” or “your” means any end user accessing our services, Website (as defined below), “Unframe”, “we” or “us”, “our” means D-ARTE LTD incorporated and registered in England and Wales under company number 08114888 whose registered office is at 20-22 Wenlock Road, London N1 7GU.

This Privacy Policy, together with our terms of use available at https://articurate.net/terms/policy/ (the “User Terms”) and our cookies policy available at https://erbology.co/cookies/ (the “Cookies Policy”) and any other documents referred to in it, sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. This Privacy Policy also sets out how you can instruct us if you prefer to limit the use of that personal data and the procedures that we have in place to safeguard your privacy.

Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it.

For the purpose of the applicable data protection legislation, we are the data controller. We will treat your personal data in accordance with our obligations under data protection law and implement adequate security measures. Our aim is to be clear and transparent about the way we use your personal data and not do anything you would not reasonably expect.

By using or accessing our services, our website at https://articurate.net/emerging-art/ (the “Website”) you signify your consent to our collection, use and disclosure of your personal information in accordance with this Privacy Policy. If you do not agree with this Privacy Policy, you must not use or access our services or Website or submit information to us through or in connection with our services, Website or otherwise.

1. Information we may collect from you

1.1. you give us (submitted information):

a) This includes information that you provide to us: when you call us; by filling in forms and submitting them to us; by e-mail, or through our Website; when you register to use our services, subscribe to any one of our services, through surveys, or by requesting further services; when you enter any promotion sponsored by us.

b) The information you give us may include:  your name, address, e-mail address, username, password and other registration information, financial information or your phone number; or information you submit in order to sign up for one of our events, give a testimonial or tell us your story.

c) If you contact us, whether through our services, Website or otherwise we may keep a record of that correspondence. For example, if you submit a query, a complaint, report a problem with our service, Website or otherwise liaise with our customer service, technical support or any other department in our company we may keep a record.

d) We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

1.2. Each time you visit or use our services or Website we may collect the following information: a) Details of your visits to our Website including, but not limited to traffic data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise (“Log Information”).

b) Your contact details such as your e-mail address, forename and surname (“Contact Details Information”).

c) Information we receive from other sources (“Third Party Information”). We are working closely with third parties (including, business partners, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers and credit reference agencies).

d) You might give us permission to access some information about you when using some social media sites such as Twitter, Google, Instagram and Facebook depending on the privacy settings you have and the privacy policies of such companies. (“Social Media Information”).

e) Technical information, including the type of mobile device you use, a unique device identifier (for example, your device's IMEI number, the MAC address of the device's wireless network interface, or the mobile phone number used by the device), mobile network information, your mobile operating system, the type of mobile browser you use and time zone setting (“Device Information”).

f) Location information. We also use GPS and other geo location technology to determine your current or past location (e.g. to verify your location necessary for the supply of our services) (“Location Information”). Some of our location-enabled Services require your personal data for the feature to work. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by sending us an e-mail to info@articurate.net or by writing to us at D-ARTE LTD of 20-22 Wenlock Road, London N1 7GU (Attn: Customer Service).

g) We may combine the information we have about you with other information available from other external sources such as information available in the UK electoral roll, or published articles or news, etc.

1.3. We may check some of the information that you provide against third party databases to confirm that it is accurate.

1.4. We may use third-party payment agents to manage card payments. In doing so, you will be asked by the payment agent for your card details and billing address. This information is held by the third party payment agent, and you will be asked to agree to their terms and conditions, including their privacy policy, in completing the payment steps.

1.5. We may have access to your billing address and payment history in order to assist with customer service enquiries. Under no circumstances are these details disclosed to any third parties other than those who need to know this information for the performance of the services requested by you.

2. How we may use the information collected from you

2.1. We will only use your personal information in line with the purposes for which you provided it to us (or for compatible purposes), in line with your stated preferences and with your reasonable expectations.

2.2. We may process this information for the purpose of:

a) Administering registration records (including reminders, e.g. to update your payment details);

b) Providing and personalising our products and services;

c) Remembering your preferences about how you would like us to use your personal data and interact with you;

d) Conducting statistical analyses, reporting and drafting analysis reports;

e) Measuring or understanding the effectiveness of advertising we serve to you and others;

f) Providing you access to all parts or features of our services and Website;

g) Dealing with your enquiries and requests, including contacting you where necessary and providing you with information you ask from us;

h) Carrying out our obligations arising from any contracts entered into between you and us (including, but not limited to, the provision of services, billing and monitoring of payment);

i) Keeping our Website safe and secure, including to prevent, detect and investigate potentially prohibited or illegal activities as well as checking the information that you provide against third party database to confirm that it is accurate;

j) Contacting you for your views on our services and notifying you occasionally about important changes or developments to our services and Website;

k) Managing your rights as a data subject;

l) Carrying out market research campaigns;

m) Improving and developing our services and Website;

n) Carrying out internal operations (including but not limited to troubleshooting, data analysis, testing, research, statistical and survey purposes, transferring your anonymised data to Google in order to improve our services);

o) Ensuring that content from our Website is presented in the most effective manner for you and for your computer or mobile device; and

p) Debt recovery or debt tracing, crime, fraud and money laundering compliance.

2.3. We may also use your personal information, or permit selected third parties to use your data, to provide you with information about goods and services which may be of interest to you and we or they may contact you about these by e-mail or text.

2.4. If you are an existing customer, and you have not opted out of this, we will only contact you by electronic means (e-mail, SMS or inmail) with information about goods and services similar to those which were the subject of a previous sale to you. You will be entitled to opt out from this by contacting us or by clicking “unsubscribe” in the electronic communication you receive.

2.5. If you are a new customer, and where we permit selected third parties to use your information, we (or they) will contact you by electronic means only if you have consented to this.

2.6. If you do not want us to use your information in this way, or to pass your details on to third parties for marketing or advertising purposes, please specify your preferences by ticking or not ticking the relevant box (or boxes) situated on the Registration Form on which we collect your data (e.g. the registration form) or email us info@articurate.net to withdraw your consent.

2.7. We may contact you by phone when you submit a form to us or when you send us a written enquiry about our services (e.g. by email).

2.8. We may contact you by phone in connection with services and activities we promote (i.e. this would typically consist of a very small number of calls to you per year and follow up calls only if the first call yields positive interest).

2.9. We may also gather information and statistics for the purposes of monitoring the usage of our services and Website and may provide such anonymised information to third parties. These statistics will not include information that can be used to identify you. For example, we may gather information and statistics for the purposes of monitoring the usage of our services and Website and provide such aggregate information to third parties such as food suppliers (for example, we may inform a food supplier that 100 users looked for food in a certain area on a given month). These statistics will not include information that can be used to identify you. We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target (e.g. persons with a plant-based diet). We may make use of the personal information we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience. For instance, we may transfer your anonymised devices ID, food predominately used to some of our marketing partners within or outside the EEA and they may generate advertisements for certain user groups or exclude certain user groups from special advertisements. The collection, storing and transfer of the device ID can at any time be disabled with effect for the future by adjusting the settings of your mobile device as set out under the privacy section.

2.10.  We may use screening and profiling methods to enable us to determine your behaviour, interests and habits and to analyse demographic, geographic, and other information relating to you, to allow us to send you information relevant to you and to improve your experience. When doing so, we may gather information about you from other suitable and lawful third party sources such as publicly available data or data from social networks as specified in paragraph 2.1.4 above.

2.11. You may ask us to provide you with information about our services or services offered jointly with or on behalf of other organisations by sending us an e-mail to info@articurate.net.

2.12.  If you choose to post messages on any online forum or other message platforms that we may make available for this purpose on the Website, we may collect that information you provide to us, on or via those forums and platforms. We may retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems, as permitted by law.

2.13.  If you stop using our services and Website or your permission to use our services and Website is terminated, we may continue to use and disclose your personal information in accordance with this Privacy Policy (as amended from time to time) and as permitted by law. However, if you wish us to stop e-mailing you with information in connection with our services and Website, please send your request in accordance with paragraph 11 below to info@articurate.net or D-ARTE LTD of 20-22 Wenlock Road, London N1 7GU  (Attn: Customer Service).

2.14. We may contract out part of our services plus other ancillary services such as hosting, credit checking, billing, and verification of sales. We may disclose your personal information to other organisations so that they can provide you with the services that we have contracted out.

3. Information security

3.1. The Internet is not a secure medium. However, we follow all PCI-DSS requirements and have put in place various security procedures with regards to the Website and your electronic communications with us, as set out in this Privacy Policy.

3.2. Where relevant, with respect to online payments, all your payment details will be passed from your browser for processing using encryption. All information you provide to us is stored on secured servers. Any payment transactions carried out by us or our chosen third-party provider of payment processing services (for example, Stripe, PayPal and Amazon Pay) will be encrypted using Secured Sockets Layer technology or other suitable encryption technology.

3.3. Where you have been allocated a user admin area (an “Account”), this area is protected by your user name and password, which you should never divulge to anyone else. You are responsible for keeping this password confidential. We ask you not to share a password with anyone.

3.4. Please be aware that communications over the Internet, such as e-mails/webmails are not secure unless they have been encrypted. Your communications may route through a number of countries before being delivered – this is the nature of the World Wide Web/Internet.

3.5. We cannot accept responsibility for any unauthorised access or loss of personal information that is beyond our control.

3.6. We believe that we have appropriate policies, rules and technical measures to protect the personal data that we have under our control (having regard to the type and amount of that data) from unauthorised access, improper use or disclosure, unauthorised modification, unlawful destruction or accidental loss.

3.7. All of our employees and data processors that have access to, and are associated with, the processing of your personal information are obliged to respect the confidentiality of our users’ information. 

3.8. We ensure that your information will not be disclosed to government institutions or authorities except if required by law or when lawfully requested to by courts of law, regulatory bodies or law enforcement organisations.

3.9. If we use external suppliers to collect or process personal data on our behalf. We will check such companies first and ensure that we place contractual obligations on them so they manage your personal data in line with our instructions and expectations and with data protection laws.

4. To whom will your information be disclosed?

4.1. We do not sell your data to any third parties, but we may share some of your data with our trusted service providers and suppliers for the purpose of providing you with the information or services you request:

a) if such service providers or suppliers are acting on our behalf: they cannot use your data for any other purpose than that, which is prescribed by us, and we only use those service providers and suppliers who undertake to protect your details with the same degree of care as we do; or

b) if service providers or suppliers are acting on their own account, you will be subject to their own terms and conditions and privacy policy.

4.2. Your information may, for the purposes set out in this Privacy Policy, be disclosed for processing to:

a) our employees;

b) our affiliates and their employees;

c) any member of our group companies and their employees, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the Companies Act 2006;

d) successors in title to our business;

e) a prospective seller or buyer in the event that we sell or buy any business or assets, in which case we will disclose your personal data to such business or assets;

f) a buyer, if D-ARTE LTD or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;

g) as required by our event organisers in respect to any event you are taking part in or have applied for;

h) third-party consultants, contractors or other service providers who may access your personal information when providing services (including but not limited to IT support services) to us;

i) government bodies and law enforcement agencies and in response to other legal and regulatory requests, if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request;

j) auditors or contractors or other advisers auditing, assisting with or advising on any of our business purposes or processes;

k) any third party where such disclosure is required in order to enforce or apply our Terms, and/or other agreements; or to protect the rights, property, or safety of our company, our customers, or others;

l) protect the rights, property or safety of D-ARTE LTD, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud prevention and credit risk reduction; and

m) subject to the limitations in paragraphs 3.3 to 3.6 above, to carefully selected third parties that may contact you about products and services which may be of interest to you.

5. Your contact information You can change your contact details at any time by updating your profile in your customer account and update your contact preferences (if any) by changing your settings related to your notification choices.

6. Your rights in relation to your information

6.1. You can write to us at any time to obtain a copy of your information and to have any inaccuracies corrected.

6.2. Where appropriate, you may object to our processing your personal data under certain circumstances or write to us to have your personal information erased, restricted, rectified, amended or completed.

6.3. If you wish to do this, please write to D-ARTE LTD of 20-22 Wenlock Road, London N1 7GU (Attn: Customer Service) or send an e-mail info@articurate.net. Please quote your name and address in any such correspondence. Please also provide brief details of the information of which you would like a copy or which you would like to be corrected, if possible (this helps us to more readily locate your data).

6.4. We will require proof of your identity before providing you with details of any personal information we may hold about you. We may charge a reasonable fee from you when a request is manifestly unfounded or excessive or repetitive or we receive a request to provide further copies of the same information.

7. Cookies We use cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and also allows us to improve our services and Website. For detailed information on these cookies, the way we use them and the purposes for which we use them, please see our cookie policy available at https://www.erbology.co/cookies/. 

8. Where we store and process your information The data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (“EEA”). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers or affiliates. Such staff maybe engaged in, among other things, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

9. Your consent and changes to this Privacy Policy

9.1. By submitting any personal information (including, without limitation, your payment details) to us you consent to the use of information as set out in this Privacy Policy.

9.2. We reserve the right to amend or modify this Privacy Policy and if we do so we will post the changes on our Website. If we make any significant changes in the way we treat your personal information we will make this clear on our Website or by contacting you directly. You may be required to read and accept them to continue your use of our services and Website. It is your responsibility to check the Privacy Policy every time you submit information to us. Your use of the Website will signify that you agree to any such changes.

9.3. In the event the purposes for which we process personal information changes, then we will contact you as soon as practicable and seek your consent, where such notification relates to a new additional purpose for processing which is not compatible or similar to the originally specified purposes.

10. Use of your personal information submitted to other websites

10.1. If you disclose your information to third parties, such as other websites throughout the Internet (including the ones we link to), different rules may apply to their use or disclosure of the information you disclose to them.

10.2. We are not responsible for the privacy policies and practices of other websites even if you accessed the third party website using links from our Website or by means of our services.

10.3. We recommend that you check the policy of each website you visit and contact the owner or operator of such website if you have concerns or questions.

11. Data retention

11.1. We will keep your data for as long as: (i) you have consented to it; or (ii) it is necessary for us to provide you with our services or to comply with our obligations under applicable law (such us tax and accounting rules), this Privacy Policy, Terms, or our Supply Agreement; (iv) is required in respect to the purposes for which such information was provided to us, including where you have given us permission to use it to contact you in the future for marketing purposes. For instance, by law we have to keep basic information about our customers (including contact, identity, financial and transaction data) typically for six years after they cease being customers for tax purposes.

11.2. To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements.

11.3. In some circumstances, you can ask us to delete your data.

11.4. In some circumstances, we may anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.

12. Further information

12.1. For complaints or for requesting further information from us on data protection and privacy or any requests concerning your personal information please write to D-ARTE LTD of 20-22 Wenlock Road, London N1 7GU (Attn: Customer Service) or e-mail us at info@articurate.net.

12.2. You can also contact the Information Commissioner's Office if you have a complaint regarding your personal data that we cannot resolve. Their website address is: www.gov.uk/government/organisations/information-commissioner-s-office

13. Your duty to inform us of changes

13.1. It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.

13.2. If your personal details change, please help us to keep your information up to date by notifying us at info@articurate.net. 

HOW WE USE COOKIES

Cookies are very small text files that are stored on your equipment when you visit some websites’ browser which can be used to identify that you have previously visited a website, or to store small bits of information locally with you. If you want to know more about what cookies are and how to control them, http://www.allaboutcookies.org/ is a great resource, or read on to see what we use cookies for.

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THE COOKIES WE USE

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Co-Producing Terms
  1. INTRODUCTION

    1. These terms and conditions (the “Co-Producing Terms”) set out the terms on which each User of the Co-Producing Terms uses the services provided by art:i:curate.
    2. These Co-Producing Terms should be read in conjunction with the Website Terms of Use and the Privacy Policy, which together make up the “ User Terms”.
  2. DEFINITIONS AND INTERPRETATION

    1. Capitalised terms not otherwise defined herein shall have the meaning given in the other documents that make up the User Terms.
    2. The following capitalised terms used herein shall have the following meanings:
      • Campaign Closing Date : the date set by art:i:curate by which the Campaign must reach its Target Amount. This will usually be 45 days but art:i:curate may extend this date in its sole and absolute discretion.
      • Commencement Date : the date, from which a Co-Producer can make a Pledge in respect of a Campaign and is decided in the sole and absolute discretion of art:i:curate.
  1. WORKS

    1. Creators offer Works to their Co-Producers. If a Campaign reaches the Target Amount, ownership of the Work shall be split so that the Creator owns 30% of the Work and the Co-Producers own 70% (split pro-rata as against the proportion that each Co-Producer Pledged) pursuant to the Co-Production Agreement.
    2. If a Campaign reaches the Target Amount, art:i:curate shall be granted the sole and exclusive right to:
      1. sell the Work in the capacity of an actually authorised agent acting on behalf of the Creator and each of the Co-Producers;

      2. have sole and absolute discretion in setting the selling price for the Work; and

      3. charge the fee as set out in clause 9.2.

    3. Creators are not permitted to offer or provide any of the following as Works:
      1. any money, monetary compensation or item or instrument that can be readily converted into money;

      2. any weapon, ammunition or related item;

      3. any alcohol, tobacco product or other controlled substance;

      4. any illegal drug, substance or drug-related paraphernalia;

      5. any pornography, sexually explicit or suggestive item, image of any child aged less than 18 years of age or other similar material which is unlawful or may be considered offensive;

      6. any item which is unlawful to possess or distribute in any jurisdiction in which the Creator are based or in which a Co-Producer would receive such item;

      7. any item which infringes or violates the intellectual property rights of a third person; or

      8. any item that is stolen.

    4. Each Work must be created only by its respective Creator. No other person may own or have any interest in the Work immediately prior to the Commencement Date of a Campaign.
  2. SALE OF GOODS WEBSITE DISCLAIMER

    1. The provision of a Work does not constitute the sale of goods for the purposes of the Sale of Goods Act 1979. Any part transfer of ownership in a Work is provided for no consideration and a Co-Producer has no right to a refund or to cancel any Pledge made in the event that it does not like any Work and/or any Work is defective.
  3. FORMATION OF CONTRACT

    1. By posting a Campaign on the Website, the Creator agrees, if the Target Amount is met before the Campaign Closing Date, to transfer 70% of the ownership and/or title in a Work to all Co-Producers (to be split pro-rata as against the proportion that each Co-Producer has Pledged) in exchange for the aggregated Pledges.
    2. Part-ownership in the Work is offered from the Creator and is not underwritten, verified or endorsed by art:i:curate or any of its staff.
    3. art:i:curate is not a party to the contract between the Creator and the Co-Producer but will be able to enforce its third party rights as regards to:
      1. its exclusive right to sell and set the price for the Work;

      2. to act as agent for the Creator and all Co-Producers in the sale of the Work; and

      3. arranging exhibitions or events in which the Work will be displayed.

    4. art:i:curate shall not be held responsible for transactions, agreements and/or disputes between Co-Producers and Creators in connection with the delivery and subsequent sale of the Work.
    5. The payment processor(s) that art:i:curate uses are not party to, and shall not be held responsible for any transaction, agreement and/or dispute between Co-Producers and Creators in connection with the delivery of the Work.
  4. PLEDGING PROCESS

    1. All Users acknowledge, agree and undertake to represent only themselves.
    2. A Campaign will only be eligible for approval if the following requirements are satisfied:
      1. the Creator acknowledges and irrevocably agrees to enter into, and be bound by, the Co-Production Agreement if the Campaign reaches the Target Amount;

      2. the Creator has an Account with art:i:curate; and

      3. the Creator has a:

        1. Stripe Account;

        2. PayPal Account; or

        3. a bank account into which he can receive Pledges.

    3. After completing the registration process and creating an Account and a Stripe Account (if not already created), a Creator who is looking to create a Campaign must complete the profile section of its Account on the Website before submitting a Campaign Description to art:i:curate.
    4. To submit a Campaign Description, the Creator shall supply as a minimum:
      1. the amount that the Creator wishes to raise (i.e. the Target Amount);

      2. an image of the Work in JPEG or PNG format;

      3. a short description of the Work of no more of 100 words; and

      4. any other information that is reasonably required by art:i:curate to enable it to approve a Campaign Description.

    5. After the Campaign Description has been submitted by the Creator, art:i:curate will review the information provided and, in its sole and absolute discretion, will either decide to approve, amend or reject the Creator’s Campaign Description for publication on the Website.
    6. If the Campaign Description is approved by art:i:curate, the Campaign shall start on the Commencement Date and Co-Producers may start making Pledges. A Creator cannot make a Pledge for its own Work.
    7. By making a Pledge, each Co-Producer:
      1. irrevocably agrees to the User Terms; and

      2. acknowledges and irrevocably agrees to enter into, and be bound by, the Co-Production Agreement if the Campaign reaches the Target Amount.

    8. The Campaign shall end on the Campaign Closing Date whereupon the Creator shall, if the Target Amount has been reached, accept all of the Pledges made by Co-Producers. For the avoidance of doubt and subject to the rest of the User Terms, the Creator cannot cancel a Campaign at any time from the Commencement Date to the Campaign Closing Date.
    9. If the Campaign reaches the Target Amount on or prior to the Campaign Closing Date:
      1. an implied binding agreement in respect of each Pledge shall automatically come into force between each of the relevant Co-Producers and the Creator (the “Co-Production Agreement”). The Creator and each of the Co-Producers acknowledge and agree that, subject to the Pledge being received by the Creator in the account selected by it pursuant to clause ), shall be a condition of the Co-Production Agreement that ownership of the Work shall be split so that the Creator owns 30% of the Work and the Co-Producers own 70% (split pro-rata as against the proportion that each Co-Producer Pledged); and

      2. Pledges shall be deducted from each Co-Producer’s debit/credit card and transferred to the Creator’s chosen account pursuant to clause 6.2(c) within 30 days net of the art:i:curate fees pursuant to clause 9.1 and all payment processing fees.

  5. CO-PRODUCERS

    1. Co-Producers both acknowledge and agree that art:i:curate’s approval of a Campaign Description in relation to a Campaign is not an approval of the Campaign Description in general, and that no inference shall be made to the same.
    2. Co-Producers can view current Campaigns by navigating to the www.articurate.net/coproduced-art/ page of the Website when they are logged in to the Website.
    3. In order to make a Pledge to a Campaign, a Co-Producer must ensure that it can afford to pay the amount it wishes to Pledge. If a Co-Producer’s credit card is declined, art:i:curate will send a communication to resolve any payment issues. If any such issues cannot be resolved within seven days of the initial Pledge, the Pledge shall be cancelled.
    4. When a Co-Producer makes a pledge to a Campaign:
      1. the amount pledged will not be publicly displayed on the Website (although the Creator shall be able to see how much was pledged and the Co-Producer’s account name);

      2. the Co-Producer’s account picture/avatar may be publicly displayed on the Creator’s Campaign page of the Website to show that the Co-Producer has made a Pledge to the Campaign. The picture/avatar may also contain a link to the Co-Producer’s account page, which will show a list of other Works in which the Co-Producer has made a Pledge (for the avoidance of doubt, a Co-Producer cannot Pledge anonymously but may use account names that do not reveal any personal information); and

      3. the Pledge shall be deducted from its debit/card upon the Campaign reaching the Target Amount in accordance with clause 6.9.

    5. When a Co-Producer has made a Pledge to a live Campaign, it may make further Pledges. A Co-Producer may request to decrease or cancel any Pledge already Pledged. Such request shall be accepted by art:i:curate unless a Campaign reaches the Target Amount within 48 hours of arti:i:curate receiving such request to decrease or cancel a Pledge. If a Co-Producer chooses to make further Pledge(s), it shall repeat the pledge process.
    6. After a Co-Producer has made a Pledge to a Campaign, it will be non-refundable save for when:
      1. the Campaign is unsuccessful by reason of not meeting the Target Amount; or

      2. art:i:curate cancels the Campaign or the Pledge.

  6. EXHIBITIONS AND SALE OF THE WORK

    1. If a Campaign reaches the Target Amount the Work may, unless already sold on to a buyer on art:i:curate’s Website, be displayed and sold at an upcoming art:i:curate exhibition or event.
    2. art:i:curate has sole and absolute discretion in deciding whether a Work will be displayed at an exhibition and both the Creator and each of the Co-Producers:
      1. irrevocably consent to art:i:curate displaying the Work in an exhibition; and

      2. will use their best endeavours to procure that the Work is able to be displayed at such exhibitions.

    3. Arrangements for the Work to be displayed at such exhibitions shall be decided by, and be in the sole and absolute discretion of, art:i:curate. If art:i:curate requests that the Work is to be displayed at an exhibition, the Creator shall use its best endeavours to ensure that the Work is available and to provide the Work to art:i:curate (including being responsible for handling and shipping the Work to and from the exhibition venue). If the Work is not securely packed and is damaged during transit, art:i:curate will not take any responsibility to cover the cost and excludes all liability (subject to clause 10). In such circumstances, the Creator acknowledges and agrees to be liable for and indemnify art:i:curate for any costs in relation to
      1. any damage to the Work;

      2. any return shipping costs;

      3. compensating Co-Producers for any loss of value in the Work.

    4. art:i:curate shall have sole and absolute discretion in deciding the retail price of the Work that is displayed at an exhibition or event organised by art:i:curate. The sale price is normally set at the Target Amount multiplied by 2.5.
    5. Until the Work is sold, the Creator shall be responsible for keeping the Work safe, secure and insured. The Creator further acknowledges and agrees that it will use its best endeavours to use the utmost care when shipping the Work and acknowledges and agrees that when the Work is sold, the Creator shall be responsible for the risk in Work at all times whilst it is in transit (regardless of who has organised such transit).
    6. If a Work is sold after a Co-Production Agreement comes into existence, the proceeds of such sale shall be split so that, after the payment of the art:i:curate fees and the payment processing fees, the Creator shall receive 30% of the proceeds of sale and the Co-Producers shall receive 70% of the proceeds of sale (split pro-rata as against the proportion that each Co-Producer Pledged).
  7. ART:I:CURATE FEES

    1. art:i:curate shall charge a fee of 10% (excluding VAT) of the Target Amount when a Campaign reaches the Target Amount. This fee shall be paid immediately to art:i:curate when the Target Amount has been reached. After the payment processing fees have been paid, the remaining money shall be transferred to the Creator’s Stripe Account within 30 days.
    2. If a Work is sold after the Target Amount has been reached, art:i:curate shall charge a fee of 10% (excluding VAT) of the price at which a Work has been sold.
    3. If the Work is sold through the Website, the art:i:curate fee shall be paid immediately to art:i:curate when the buyer has paid for the Work. After the payment processing fees have been paid, the remaining money (i.e. net of the art:i:curate fee and the payment processing fees) shall be transferred to the Creator and each Co-Producer in the proportions as set out in the Co-Production Agreement within 30 days via PayPal or bank transfer.
    4. If the Work is sold at an exhibition, the art:i:curate fee shall be paid immediately to art:i:curate when the buyer has paid for the Work and the remaining money (i.e. net of the art:i:curate fee and the payment processing fees) shall be transferred to the Creator and each Co-Producer in the proportions as set out in the Co-Production Agreement within 30 days via PayPal or bank transfer.
  8. DISCLAIMER AND LIABILITY

    1. art:i:curate does not accept any responsibility for anything stated by a Creator, whether in the Campaign Description or otherwise. In the event that a Campaign Description submitted by a Creator is deliberately misleading or unlawful, that Campaign shall be cancelled and any money pledged shall be cancelled.
    2. art:i:curate’s due diligence into a Creator is limited only to the Campaign Description and the Creator’s submitted profile application (which may include, but is not limited to, the Creator’s curriculum vitae and a list of exhibitions in which the Creator has had its works exhibited). art:i:curate makes no warranty or representation and assumes no liability in respect of the Creator or the content of any Campaign Description and Co-Producers both acknowledge and agree that art:i:curate’s approval of a Campaign Description in relation to a Campaign is not an approval of the Campaign Description in general, and that no inference shall be made to the same.
    3. art:i:curate is not liable for any damages or loss incurred relating to Campaigns. Both Creators and Co-Producers acknowledge and agree to release art:i:curate, its officers, employees, agents, and successors from any legal claim, whether known or unknown, arising out of their use of the Website or any Campaign.
  9. GENERAL

    1. Creators are advised not to take any action in reliance of a Campaign reaching the Target Amount until Pledges have been transferred to the account that the Creator is using pursuant to clause 6.2(c).
    2. art:i:curate reserves the right to cancel/reject a Pledge from a Co-Producer for any reason and at any time.
    3. art:i:curate reserves the right to cancel, interrupt, suspend, and remove a Campaign for any reason and at any time. art:i:curate shall not be liable for any damages as a result of any action taken under this clause.
    4. Save for as set out in these Co-Producing Terms, nothing in these Co-Producing Terms is intended to or shall be deemed to, establish any partnership or joint venture between any party or constitute any party the agent of another party.
    5. Apart from art:i:curate and its subsidiaries (as defined under the Companies Act 2006), no person shall have any rights under or connection with the User Terms under the Contracts (Rights of Third Parties) Act 1999.
    6. If a Creator or Co-Producer has any questions regarding a Campaign, it may view our Help page or alternatively contact us on info@articurate.net.
    7. These terms and any dispute or claim arising out of or in connection with it 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.
    8. Users irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with these terms or its subject matter or formation (including non-contractual disputes or claims).

Last modified 15 July 2015.

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