Last Updated: Bath, UK, 23,December 2017
ArTag provides a site , application, software and tags to enable the electronic tagging, management, and organisation of collections.
ArTag takes the privacy and security of it’s Customer’s assets, artworks, collections seriously and strives to ensure the information is safe and limited to those that have the granted permissions. arTag will use, as a minimum, industry standard technical and organisational security measures to transfer, store and process Customer Data. These measures are designed to protect the integrity of Customer Data and guard against the unauthorised or unlawful access to, use of and processing of Customer Data.
Artag is not liable for and is unable to verify or confirm the information attributed to the artworks, objects and assets tagged and stored in the arTag database. This is the responsibility of the Customer account holder and their associated assistants.
ArTag keeps a history of status changes for verification and dispute resolution. This information will be provided by arTag upon written request and at arTag’s discretion.
ArTag accepts no liability for the failure of services and products provided by third party suppliers.
When you use our Services, you provide us with data such as images, files, content, messages, contacts. Your data remains your property at all times.. These Terms do not give us any rights to your information and data except for the limited rights that enable us to offer the services.
You might own an asset but we want you to know that you may not own the copyright. It is your responsibility to ensure you have permission to use and/or publish any images or data that is copied or made public by you.
Copyright remains with the creator of the artwork unless you hold agreements stating these have been transferred to you. It is not arTag’s responsibility to check or confirm these third party agreements and use of any copyright artworks or assets are the responsibility of the arTag Customer account holder. It is assumed that if you tag an asset you have permission to do so. Do not tag anything that you do not have permission to tag or do not own. Do not upload and store assets that you do not own or have permission to manage.
We need your permission to do things like hosting information, backing it up and sharing it when you ask us to. Our Services also provide you with features like photo thumbnails, document previews, commenting, easy sorting, editing, sharing and searching. These and other features may require our systems to store and access data. You give us permission to do those things, and this permission extends to our affiliates and trusted third parties we work with.
When using arTag you can choose to make things public and who you share your information with.
We provide you with records that you can use for your business. If your business requires declarations to your client’s, artists, or government bodies these are your responsibilities not that of arTag and arTag is not liable for the information that you have to hold.
If you are someone that believes your copyright has been infringed by a user of arTag please notify us in writing identifying the item or items, description of the infringement and where applicable images. You must provide us with your full name, address and telephone number.
Artag understands that aesthetics and taste is subjective and that art can deal with controversial subjects. ArTag has the right to remove any assets from the public domain that it deems inappropriate, in bad taste or illegal.
ArTag will strive to provide and maintain accurate and verified information to provide a feasible level of authenticity and provenance made possible by arTag’s products and services but this is not guaranteed as arTag does not control the information assigned.
The Customer/account holder will pay arTag via authorised third party platforms and/or on receipt of invoices. arTag may suspend or terminate the Services if Fees are overdue. The Customer will provide complete and accurate billing and contact information to arTag or authorised third party platforms.
Assets within suspended accounts will be archived and reactivated on full payment of outstanding bills/fees.
Acceptance of Terms
The Service includes certain services that are available via a mobile device, including (i) the ability to upload Content to the Service via a mobile device, (ii) the ability to browse the Service and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding arTag and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
Registration and Eligibility
You may browse the Site and view Content without registering, but as a condition to using certain aspects of the Service, you are required to register with arTag and represent, warrant and covenant that you provide arTag with accurate, truthful, and complete registration information (including, but not limited to your name (“User Name”), e-mail address and a password you will use to access the Service) and to keep your registration information accurate and up-to-date.
You shall not:
- provide any false personal information to arTag (including a false User Name) or create any account for anyone other than yourself without such person’s permission;
- use a User Name that is the name of another person with the intent to impersonate that person;
- use a User Name or arTag account that is subject to any rights of a person other than you without appropriate authorization; or
- use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
You agree not to misuse the arTag services ("Services") or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:
· probe, scan or test the vulnerability of any system or network;
· breach or otherwise circumvent any security or authentication measures;
· access, tamper with or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to;
· interfere with or disrupt any user, host or network, for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services;
· access, search or create accounts for the Services by any means other than our publicly supported interfaces
· send unsolicited communications, promotions or advertisements, or spam;
· send altered, deceptive or false source-identifying information, including "spoofing" or "phishing";
arTag reserves the right to refuse registration of, or cancel a User Name in its sole discretion. You are solely responsible and liable for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your arTag password. You shall never use another user’s account without such other user’s prior express permission. You will immediately notify arTag in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Notifications and Service Messages
You agree that we may provide notices to you via banners on the Service, or an email sent to an address you provided, or through other means. You agree to keep your contact information up to date. If the contact information you provide isn’t up to date, you may miss out on these notices. Please review your settings regularly to control and limit what kind of messages you receive from us.
The Service contains Content specifically provided by arTag or its partners and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, as applicable. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Service.
User Submissions including images
By submitting User Submissions on the Site or otherwise through the Service, you hereby grant arTag a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Site, the Service and arTag’ (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites and feeds). You also hereby grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service. For clarity, the foregoing license grant to arTag does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing with arTag. This agreement only applies to images that are made publicly visible and does not include assets, artworks or images that are in the private area of your arTag account.
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information or other Content publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such Content originated; that arTag will not be liable for any errors or omissions in any Content; and that arTag cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
When you delete your User Submissions, they will be removed from the Service. However, you understand that any removed User Submissions may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Submissions.
Rules and Conduct
By way of example, and not as a limitation, you shall not (and shall not permit any third party to) either (a)take any action or (b)upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Submission, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, obscene, vulgar, offensive, profane, contains or depicts pornographic, or is otherwise inappropriate as determined by arTag in its sole discretion; Art works can deal with all these provocative and challenging subjects and intents but arTag will not permit its use solely for the distribution of these sensitive subjects or motives. Context and content will be monitored.
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- other than appropriate use of an Adding Links, involves commercial activities (whether or not for profit) and/or sales without arTag’ prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; Links can be added to websites that are directly relevant to your business as an artist, gallery or collector.
- contains software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of arTag or any third party;
- impersonates any person or entity, including any employee or representative of arTag; or
- includes anyone’s identification documents or sensitive financial information.
You furthermore agree that, with respect to Content that you do not create, you will not (and shall not permit any third party):
- sell, distribute, license, rent, or otherwise exploit any such Content, or any element of it, for any commercial purpose;
- Remove or obscure any copyright notice(s) from such Content, including hard-copy print-outs;
- Use any such Content, or any element of it, to create any derivative work, product or service, or merge any such Content with any other product, database, or service;
- Alter, amend, modify, translate, or change any Such Content, or any element of it;
- Undertake any activity which may have a damaging effect on our or any of our third-party licensors’ ability to achieve revenue through selling and marketing such Content; or
arTag has a zero-tolerance policy against child pornography, and will terminate and report to the appropriate authorities any user who publishes or distributes child pornography.
You shall not: (i) take any action that imposes or may impose (as determined by arTag in its sole discretion) an unreasonable or disproportionately large load on arTag’ (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures arTag may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run any form of auto-responder or “spam” on the Service; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Service; or (vii) otherwise take any action in violation of arTag’ guidelines and policies. If you are blocked by arTag from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).
The technology and software underlying the Service or distributed in connection therewith personal information are the property of arTag, our affiliates and our partners. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service (including without limitation any application or widget), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Service, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations. Any rights not expressly granted herein are reserved by arTag.
Under no circumstances will arTag be liable in any way for any Content of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such Content. You acknowledge that arTag does not pre-screen Content, but that arTag and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Third Party Sites and Services
The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. arTag has no control over such sites and resources and arTag is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that arTag will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that arTag is not liable for any loss or claim that you may have against any such third party.
In addition, arTag is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. arTag is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. arTag enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.
Save to the extent required by law, arTag has no special relationship with or fiduciary duty to you. You acknowledge that arTag has no control over, and no duty to take any action regarding: which users gains access to the Service; what Content you access via the Service; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release arTag from all liability for you having acquired or not acquired Content through the Service. arTag makes no representations concerning any Content contained in or accessed through the Service, and arTag will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Service.
THE SITE, SERVICE, CONTENT AND ADDING AS LINK ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.
arTag, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
arTag makes no guarantee of confidentiality or privacy of any communication or information transmitted on the Service or any website linked to the Service. arTag will not be liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on arTag’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
Limitation of Liability
ALL LIABILITY OF arTag, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HOWSOEVER ARISING FOR ANY LOSS SUFFERED AS A RESULT OF YOUR USE THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK IS EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, SAVE THAT, IF A COURT OF COMPETENT JURISDICTION DETERMINES THAT LIABILITY OF arTag, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS (AS APPLICABLE) HAS ARISEN, THE TOTAL OF SUCH LIABILITY SHALL BE LIMITED IN AGGREGATE TOTALFEES RECEIVED BY arTag IN RESPECT OF SERVICES SUPPLIED TO CUSTOMER.
IN NO EVENT SHALL arTag, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY OR OTHERWISE (AND WHETHER OR NOT arTag, ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS HAD PRIOR KNOWLEDGE OF THE CIRCUMSTANCES GIVING RISE TO SUCH LOSS OR DAMAGE) WITH RESPECT TO THE SITE, SERVICE, CONTENT, USER SUBMISSIONS OR ADD-TO LINK FOR:
- INDIRECT OR CONSEQUENTIAL LOSSES OR DAMAGES;
- LOSS OF ACTUAL OR ANTICIPATED PROFITS;
- LOSS OF REVENUE;
- LOSS OF GOODWILL;
- LOSS OF DATA;
- LOSS OF ANTICIPATED SAVINGS;
- WASTED EXPENDITURE; OR
- COST OF PROCUREMENT OF SUBSTITUE GOODS OR SERVICES.
Dispute Resolution By Binding Arbitration:
ArTag is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to arTag should be sent to email@example.com (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If arTag and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or arTag may commence an arbitration proceeding.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You agree that you are solely responsible for your interactions with any other user in connection with the Service and arTag will have no liability or responsibility with respect thereto. arTag reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Service.
Integration and Severability
arTag Ltd Dec 2017