Terms of Use for Artists

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(You can find the general terms of use here)

1: Acceptance of terms

Access to and use of tokarta.com and any services provided by Tokarta Ltd is for lawful purposes only and subject exclusively to these Terms and Conditions. Use of tokarta.com constitutes unconditional acceptance of these terms, conditions and disclaimers. These Terms and Conditions may be updated or amended at any time to reflect changing legal or commercial conditions and your continued use of tokarta.com following any changes shall be deemed to be acceptance of such change.

In this Agreement the phrase "the Facility" means the website facility of tokarta.com and all associated media, printed materials and "online" or electronic documentation.

2: Personal Information

Registration will require you to provide personal information including a Username and Password. You are responsible for maintaining the confidentiality of the Password and also for all activities which take place on your account. You will immediately notify us of any unauthorized use of your Password or account or any other breach of security. Tokarta Ltd is not liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your Password. You may not use another person's account at any time, without the express permission of the account holder.

Personal information entrusted to Tokarta Ltd is stored in a protected manner and is only accessible by authorised employees of Tokarta Ltd and is only used in accordance with our Privacy Policy. Such information is only used by Tokarta Ltd as part of its legitimate business and is shared with third parties only where necessary to complete a transaction or if legally required to do so.

We may supply you with information relating to artists or services that we believe will be of interest to you. If you do not wish to receive such information please follow the link at the bottom of the email and we will immediately remove your details from our mailing list.

Certain professional and personal information entered by you will be publicly available on tokarta.com as part of your membership. Tokarta Ltd cannot be held responsible for unsolicited email or spam sent to a member's published email address.

3: Membership

When you have registered and payment has been received by tokarta.com your Membership will be activated and you will be able to use the Facility by logging in with your Username and Password. You may use the Facility for your personal or business use only. You may not share the Facility with other Artists or organisations and you may not transfer it to another person or organisation. Your usage rights are limited to your tokarta.com gallery and the facilities associated with that gallery and are conditional on prompt payment of the required subscription fees.

4: Copyright and Intellectual Property

You are solely responsible for the administration and the content of your Facility, both written and pictorial, and must ensure that any image or information given is not misleading.

You confirm that the Copyright of each and every image exhibited in your tokarta.com gallery is your sole and exclusive property.

You also confirm that the images, and subjects and objects within the images, do not knowingly infringe any common law or statutory copyright, trademark, right of privacy or publicity, and do not knowingly defame any third party.

You agree that any images posted on tokarta.com may be used to promote Tokarta.

Tokarta, the Tokarta logo and the Tokarta swirl are trademarks of Tokarta Ltd. The programming and associated code for tokarta.com is protected by copyright and other intellectual property laws and international treaties. The graphic designs on the website are the property of Tokarta Ltd. Title to, ownership of, and all rights and interests in and to each and every part of the Facility, (including all copyrights, trade marks, patent rights or any other intellectual property rights not owned by a third party), and all copies thereof shall remain at all times vested with Tokarta Ltd.

5: Trading and Payment

You agree to display and abide by your trading terms and conditions. When you enter into a transaction with a Buyer your contract is entirely between You and your Buyer. tokarta.com will not be party to any contract of sale that you enter into, and will not be party to any disputes that may consequently arise.

Your customer will make payment direct to you through your own PayPal® Merchant Account, unless you and your Buyer agree a different form of payment.

You undertake to produce the sold artwork or print and safely deliver it to the Buyer within a statutory period of fourteen days using appropriate protective packaging. You are responsible for delivering the goods in a satisfactory and timely manner.

You will be responsible for your own Returns policy. This must incorporate the provisions of the UK Distance Selling Regulations 2000 which specify that a Buyer may cancel the sale within seven days of receipt of the item. If they choose to cancel the sale, they must then return the item in undamaged condition at their own expense. On receipt of the returned item you must either refund the Buyer's original payment or replace the goods, whichever is agreed between you and your Buyer. In the event that a Buyer for any reason wishes to return or exchange goods and/or claim a refund, you may use the PayPal® refund procedure, which includes all transaction fees, within 30 days of the date of the transaction.

6: Proper use

No user shall at any time:
- use tokarta.com to send junk email, spam, chain letters, pyramid schemes;
- post, publish, distribute or disseminate material or information that is defamatory, obscene, pornographic, threatening, abusive, harassing or unlawful;
- post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability or nationality;
- use any information or material in a manner that infringes copyright, trademark patent or other intellectual property rights;
- advertise or offer to buy or sell goods other than through your own website or that of a gallery representing you;
- impersonate any person or entity for the purpose of misleading others;
- use tokarta.com in any manner that could damage, disable, overburden or impair its operation or interfere with any other party's use and enjoyment of tokarta.com;
- post, publish, distribute or disseminate material or information that you do not have a right to publish under legal, contractual or fiduciary relationships (including inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
- attempt to gain unauthorised access to any part of tokarta.com or computer systems or networks used by or connected to tokarta.com through hacking, password mining or any other means.
Tokarta Ltd shall be entitled, at our sole discretion, to remove any material that breaches these Conditions or is otherwise objectionable.

7: Termination

If you fail to comply with the terms and conditions of this Agreement, your Membership will be deactivated and this Agreement shall terminate forthwith without prejudice to any other remedies which tokarta.com may have.

You may close your account at any time by giving 30 days written notice to tokarta.com All payments already paid to tokarta.com will be non-refundable. You are responsible for cancelling your Paypal® subscription.

You hereby agree that, in the event of termination of this Agreement for any reason, tokarta.com retains the right to erase all the data, including all images and all text, that you have uploaded to the Server. tokarta.com is under no obligation to make and store back ups of this data, in either electronic or printed form.

Subscription fees are payable in advance. Default of payment will result in suspension of the Facility after a period of 5 days and subsequent termination of the Agreement. We shall be entitled to delete all your uploaded data but we may at our discretion hold such data for such period as we may decide, or reinstate the Facility subject to payment in full of any amounts outstanding and payable to us.

8: Update Policy

tokarta.com may from time to time update the design and functionality of the Facility and we reserve the right, at our option, to introduce such updates or improvements to your Facility without prior notice.

9: Indemnity

You agree to indemnify and hold Tokarta Ltd harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against Tokarta Ltd by any third party arising out of your use of tokarta.com and/or any content submitted, posted or transmitted by you or on your behalf, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Tokarta Ltd in consequence of your breach of these Terms and Conditions.

10: Disclaimers and Limitation of Liability

USE OF TOKARTA.COM IS AT YOUR OWN RISK. ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT MADE AND WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. TO THE EXTENT PERMITTED BY LAW, TOKARTA LTD WILL NOT BE LIABLE FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE WHATSOEVER INCLUDING (WITHOUT LIMITATION) LOSS OF BUSINESS, OPPORTUNITY, DATA OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THE USE OF TOKARTA.COM. TOKARTA LTD MAKES NO WARRANTY THAT TOKARTA.COM WILL MEET YOUR REQUIREMENTS, OR THAT CONTENT WILL BE ACCURATE OR RELIABLE, OR THAT THE FUNCTIONALITY WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT TOKARTA.COM OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE. TOKARTA LTD IS NOT RESPONSIBLE IN ANY WAY FOR ANY ARTWORK SALES OR PURCHASES THAT YOU OR THIRD PARTIES MAY ENGAGE IN USING TOKARTA.COM OR ANY DISPUTE ARISING FROM SUCH TRANSACTIONS. TOKARTA LTD RESERVES THE RIGHT TO REFUSE OR REMOVE IMAGES OR TEXT POSTED ON TOKARTA.COM THAT IT CONSIDERS TO BE OFFENSIVE OR INAPPROPRIATE.

11: Independent Contractor

You and Tokarta Ltd hereby agree that their relationship is one of contract only, and is not one of employment, joint venture, or any other legal entity.

12: Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

13: Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the law of England and under the exclusive jurisdiction of the English courts.

14: Contact and ownership

Tokarta and the tokarta web-site is owned and operated by Tokarta Ltd, registered at 50 Cowick Street, St Thomas, Exeter, Devon EX4 1AP. Tokarta Limited is a company registered in England and Wales with company number 5998592. VAT registration: GB 896 3587 55

15: Trial Period

If we offer a trial period, that trial is only valid for the period and amount stated in the offer. At the end of your trial period, membership is billed at full normal rates. If you do not wish to continue being a member of Tokarta and using the Tokarta services, you must cancel your subscription before the end of the trial period. Failure to do so will result in your first month being charged in full. Only one trial per artist. There is no cash alternative.