USEUM Terms and Conditions of Use

New terms were last amended on the 6th of October, 2014.

It is important that you understand and accept Our Terms and Conditions of Use. In order to assist you, We provide below a summary of the points which seem to Us to be the main ones of which you need to be aware, but the summary is by no means comprehensive, nor binding on us, and We recommend that you read through the Full Terms and Conditions of Use.

These Terms are in addition to Our Privacy Policy and, so, please read both.

 

Summary

Our Platform, which includes Our website and any other means of your accessing Our data, has three levels of access, which are:

  • a) as a Guest (to which Part I applies), who is a visitor to USEUM but, as an unregistered member, cannot upload Content (artwork or comments, for example) on to Our Platform;

  • b) as an Art Lover (to which Parts I and II apply), who is a registered member and can upload Content, provided that it is done without infringement of other people’s Intellectual Property Rights; and

  • c) an Art Copyright Owner (to which Parts I, II and III apply), who is a registered member and has the same uploading rights as an Art Lover and, in addition, can upload Content in which the member actually own the rights or are authorised to upload. In particular, an Art Copyright Owner is a member of USEUM who has registered as an Artist, or as an Artist’s Representative or as a Museum’s Representative, or as a Collection’s Representative.

You must be over 18 to access any adult themed Content.

You agree to use Our Platform and any links from it for lawful purposes only and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Platform and such links. For example, you must not infringe Our Intellectual Property Rights (IPRs) or those of anyone else; Paragraph 2 includes terms and conditions on that point. The last section of this Summary explains about IPRs.

In addition, if you are a rights holder and have found Content on Our Platform which you believe breaches your rights, then please refer to sub-paragraph 2.7.

The terms for adding Content to Our Platform appear under paragraph 13 for Art Lovers and under paragraphs 16 to 21 for Art Copyright Owners.

We provide the Platform and Content for private and non-commercial use by an individual only.

Products can be purchased from the USEUM Shop, for example, those created by Art Copyright Owners and Us, as explained in sub-paragraph 7.4 and paragraph 24.

What is Intellectual Property?

Intellectual Property includes Registered Rights, such as Patents, Registered Trade Marks and Registered Designs, and Unregistered Rights, such as Unregistered Trade Marks, Unregistered Designs and Copyright.

Copyright in the United Kingdom is governed by the Copyright, Designs and Patents Act 1988, as amended. The Platform, Products and/or Content may be protected by more than one form of Intellectual Property Right.

By way of a summary, Copyright subsists in: original literary, dramatic, musical or artistic works; sound recordings, films or broadcasts; and the typographical arrangement of published editions. Literary works are considered to be any work, other than a dramatic or musical work, which is written, spoken or sung and includes: a table or compilation other than a database; a computer program; preparatory design material for a computer program; and a database. Artistic works are considered to be: a graphic work, photograph, sculpture or collage, irrespective of artistic quality; a work of architecture being a building or a model for a building; or a work of artistic craftsmanship.

The duration of Copyright in literary, dramatic, musical or artistic works expires at the end of the period of 70 years from the end of the calendar year in which the author dies. For other types of Copyright works, the duration depends upon the type of work.

The following are acts restricted by Copyright in a work: copy the work; issue copies of the work to the public; rent or lend the work to the public; perform, show or play the work in public; communicate the work to the public; and make an adaptation of the work or do any of the above in relation to an adaptation.

 

Full Terms and Conditions of Use 

The following Terms and Conditions of Use (“Terms”) apply to your access to and use of USEUM’s ‘Platform’, which includes Our website, http://useum.org, (“Our Site”) and any other means of your accessing data available from USEUM, any services available through Our Platform (for example the purchase of Products (“Products”) through the USEUM Shop) and to use of the Platform to access Content (“Content”) (including without limitation all artwork) available from the Platform. These Terms should be read alongside, and are in addition to, Our Privacy Policy (accessible online at http://useum.org/privacy) (“Privacy Policy”).

Please read these Terms carefully and print a copy for your future reference. By using the Platform, you agree that you have read, understood and agree to these Terms and the Privacy Policy (each as amended from time to time). By continuing to use the Platform, you are deemed to agree to these Terms.

 

About Us

USEUM LTD (referred to in these Terms as “We”, “Our” or “Us”) is a company registered in England and Wales, whose registered number is 07961826 and whose registered address is at 21 Aylmer Parade, Aylmer Road, London, N2 0AT.

Should you have any questions about these Terms or wish to contact Us for any reason whatsoever, then please use Our ‘trading’ contact details set out below:

  • Address: USEUM LTD, 29 Gordon Square, London, WC1H 0PP, UK.

  • E-mail: support@useum.org

All use of the Platform by you is subject to the terms set out in Part I (General Terms of Use). Regarding your use of the Platform:

  • You may access Our Platform as a “Guest”, in which case you are deemed to agree to the Terms set out in Part I (General Terms of Use).

  • If you register as an “Art Lover” or an “Art Copyright Owner” you will be required to agree to the terms in Part I (General Terms of Use) and Part II (Art Lover Terms).

  • If you are the rights owner of any Content in any capacity, including as an artist, a collection, a museum, or a representative of an artist, a collection or a museum and wish to submit Content to the Platform, you must register as an “Art Copyright Owner” and you must agree to the terms in Part I (General Terms of Use), Part II (Art Lover Terms) and Part III (Art Copyright Owner Terms).

 

Part I – General Terms of Use

 

1 Access to the Platform and Content

1.1 In order to access certain adult themed or other inappropriate Content (which is shown on the Platform as a solid blue thumbnail) you need to be aged 18 or over. You will be required to confirm that you meet the age restriction before accessing such Content. If you do not meet the age restriction, you must not access the age restricted Content.

1.2 You agree to use the Platform only for lawful purposes and in a way which does not infringe the rights of anyone else or restrict or inhibit anyone else’s use and enjoyment of the Platform.

1.3 The Platform is made available on an “as is” basis. We do not guarantee that the Platform, or any Content, will always be available or be uninterrupted. Access to the Platform and Content is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform or any Content without notice. We will not be liable to you if, for any reason, the Platform or Content are unavailable at any time or for any period.

1.4 You are responsible for making all arrangements necessary for your access to the Platform.

1.5 You are also responsible for ensuring that all persons who access the Platform and Content through your internet connection are aware of these Terms, and that they comply with them.

 

2 Intellectual Property Rights

2.1 Unless otherwise stated We are the owner or the licensee of all Intellectual Property Rights in the Platform and Content throughout the World. All such rights are reserved. Where the Copyright in the Content published on the Platform is owned by an Art Copyright Owner, that Copyright will remain with that owner.

2.2 You must not copy, reproduce, publish, distribute or in any way exploit any of the Content without Our consent or that of the Art Copyright Owner and then only in accordance with these Terms. Your statutory rights are not affected.

2.3 Save where explicitly licensed otherwise (such licence terms appearing on the relevant artwork page) all rights in the Platform, including the Content, are reserved and

  • (a) the Platform, including the Content, must not be copied or reproduced, used or otherwise dealt with for any other reason save as permitted by these Terms. You are not entitled to modify or redistribute any Content or the Platform without Our express written permission.

  • (b) you must not modify the paper or digital copies of any such Content you have printed off or downloaded in any way, and you must not use any artwork, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Where the Content is marked as having only some rights reserved you must comply with the licence rights attaching to that Content and, where the licence term allows such modification or redistribution, then any such modification or redistribution must be in accordance with such licence terms.

2.4 Our status or (as appropriate) that of any identified Art Copyright Owner as the author of the Content must always be acknowledged.

2.5 Save in accordance with paragraph 24 of these Terms you must not use any part of the Content for commercial purposes.

2.6 If you use, print off, copy or download any Content in breach of these Terms, then without prejudice to any rights We and/or the Art Copyright Owner may have against you in respect of such breach, you undertake immediately to cease to use the Platform.

2.7 If you are a rights holder and are concerned that you have found Content on Our Platform, for which you have not given permission or which you believe fails to acknowledge your rights, then please contact Us directly at report@useum.org in writing stating each of the following:

  • Your contact details as the rights holder or as an authorised representative of the rights holder.

  • A verified statement that you are the rights holder or are an authorised representative of the rights holder.

  • The full details of the Content in question.

  • The exact and full URL where you found the Content.

  • Proof of holding of the rights.

We recommend that you use the form provided through the “Report it” link appearing on the page showing the Content to which you are objecting.

Upon receipt of a properly completed notification as outlined above:

  • We will acknowledge receipt of your complaint by e-mail, telephone or letter.

  • If the complaint appears valid prima facie, the Content in question will be temporarily removed (for a period of 28 days) from the Platform pending an agreed solution if attainable.

  • We will contact the Art Copyright Owner or Art Lover who has uploaded the Content which is the subject of the complaint. That Art Copyright Owner or Art Lover will be notified that the Content is subject to a complaint and of the allegation(s).

  • The rights holder and the Art Copyright Owner or Art Lover will be encouraged to resolve the issue swiftly and amicably and to the satisfaction of both parties. Following resolution either:

    • (a) the Content will be replaced on the Platform; or

    • (b) the Content will be permanently removed from the Platform.

  • ​If the Art Copyright Owner or Art Lover, and the complainant are unable to agree a solution, the Content will remain unavailable through the Platform until the complaint has been resolved.

 

3 No reliance on Information

3.1 The Platform and the Content are provided for general information only.

3.2 Although We make reasonable efforts to update the information on and relating to the Content, We make no representations, warranties or guarantees, whether express or implied, that any Content or the information on or relating to any Content is accurate, complete, or up-to-date, nor that the Content does not infringe the rights of any third party. We accept no responsibility or liability for your use of the Platform or any Content and such use is entirely at your own risk.

 

4 Limitation of Our Liability

4.1 Nothing in these Terms excludes or limits Our liability for death or personal injury arising from Our negligence, or Our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

4.2 The Platform and all Content are provided on an “as is” basis and to the extent permitted by law, We exclude all conditions, warranties, representations or other terms which may apply to the Platform or any Content, whether express or implied. We assume no responsibility for any Content posted onto the Platform and you acknowledge that any such Content may be inaccurate, unsuitable or inappropriate.

4.3 We will not be liable to you or any user of the Platform or Content for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Platform; or

  • use of or reliance on any Content.

4.4 Save in accordance with paragraph 24, We provide the Platform and Content for private and non-commercial use by an individual only and you undertake not to use the Platform or Content for any commercial or other business purposes. You agree that We have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

4.5 We will not be liable for any loss or damage caused by material which is malicious or technologically harmful material (“Harmful Material”), for example a virus, distributed denial-of-service attack, Trojans, worms, logic bombs, that may infect your computer equipment, computer programs, data or other proprietary material owing to your use of the Platform or any Content.

 

5 Viruses

5.1 We do not guarantee that the Platform and Content will be secure or free from bugs or viruses.

5.2 You are responsible for configuring your information technology, mobile device, computer programs and platform in order to access the Platform and Content. You should use your own anti-virus protection software.

5.3 You must not misuse or attack the Platform or Content by knowingly introducing Harmful Material, for example viruses, Trojans, worms, logic bombs. You must not attempt to gain unauthorised access to the Platform or Content, the server on which the Platform is stored or any server, computer or database connected with Our Platform. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, you undertake immediately to cease using the Platform and Content.

 

6 Linking to the Platform

6.1 You may link to any of Our Platform or Content, provided you do so in a way that is fair and legal and does not damage Our reputation or take advantage of it.

6.2 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.

 

7 Third Party links in the Platform and Purchase of Products

7.1 Where the Platform contain links to other websites provided by third parties, these links are provided for your information only. Such links should not be interpreted as endorsement by Us of those linked websites.

7.2 We have no control over the contents of those third party websites or resources and We accept no responsibility or liability for any material supplied by or contained on any third party website or any use of personal data by such third party or for any loss or damage that may arise from your use of them.

7.3 You must satisfy yourself of the terms of use applicable to any such third party website.

7.4 Use of the Platform includes the ability to purchase items in the USEUM Shop, for example Products created by Art Copyright Owners whose Content We display or Products created by Us from Content in which Copyright has expired.

Operation of the USEUM Shop is generally covered by the following Terms.

Payments

When you, as a Customer, order Products, you will be charged the then current fees, which We may change from time to time (such as when We have holiday sales or offer discounts on base product prices). We may choose to temporarily change the fees for Our Products for promotional events and such changes are effective when We post the temporary promotional event or new Products on Our Platform. The sale will be submitted for processing and you will be charged as soon as you click on the “Place Order" button. You will then receive a confirmatory e-mail from us.

By placing an order through the Platform, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder's express permission to utilise the card to affect payment.

We may refuse to process a transaction for any reason or refuse service to anyone at any time at Our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.

Unless otherwise stated, all fees and payments are quoted in United States Dollars. The Customer is responsible for paying all fees, payments and applicable taxes associated with Our Platform and Products. After receiving your order you will receive a confirmatory e-mail from us. Payment of the total price plus delivery must be made in full before dispatch of your Products.

The Customer is responsible for all sales taxes (as applicable).

Shipping & Returns

Once you have clicked on the “Place Order" button, it is not possible to edit or cancel your order. If you want to change some parameters, Customer addresses, etc., then please contact Us as soon as possible. We are not bound to make such modifications to your order, but We will do our best on a case-by-case basis. Replacement of Products and credits for Products claimed as damaged or not received are subject to USEUM’s investigation and discretion.

We will review replacement/return requests if there are missing or broken Products, or a print error which is Our fault. However, ultimately, USEUM cannot be held responsible for damage caused by delivery services. USEUM is not responsible for incorrectly provided Customer names, addresses, etc. and, therefore, an extra charge may be applied.

Description of Our Products

Whilst many component parts of Our Products are standard, all Products available for purchase are described on their specific design page on Our Platform. We always try to represent each design as accurately as possible through photography and copy points provided by designers, artists or photographers.

We have a policy of continuous product development so We can provide you with what We consider to be the best design combined with the best performance and, thus, reserve the right to amend the specifications of Products, their price, packaging and any service associated at any time, without prior notice. Before ordering, We thus invite you to have a close look at the product description and design.

We use Our best efforts to provide you with the best images and descriptions but, unfortunately, cannot guarantee that colours and details are exactly as shown in the Platform and are 100% accurate representations of the Products. Further, indication of sizes might in some cases be approximate.

Purchase of Products

Your order represents an offer to Us to purchase Products which is accepted by Us once We have sent you an e-mail order confirmation. Any Products on the same order which We have not been confirmed in an e-mail order confirmation do not form part of that contract.

We shall under no circumstances be held liable for any special losses due to specific circumstances of the Customer, indirect or consequential losses or wasted expenditure.

Orders are placed and received exclusively via the Platform. Before ordering from Us, it is the Customer's responsibility to check and determine full ability to receive the Products. Correct Customer’s address and post code/zip code, Customer’s up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of Products.

All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify a change in a phone number or any other special requirements, then please contact us.

 

8 Amendments to the Terms

8.1 We may update or amend these Terms from time to time to comply with law or to meet Our changing business requirements by revising these pages. We shall endeavour, but do not undertake, to give you reasonable notice of the revision. By continuing to use Our Platform, you agree to be bound by the terms of these updates and amendments.

8.2 These Terms were last updated on the date set out at the start of these Terms.

 

9 Changes to the Platform

9.1 We may update and change the Platform or the Content at any time. However, please note that any of the Platform or the Content may be out of date at any given time, and We are under no obligation to update them.

9.2 We do not guarantee that the Platform or any Content will be free from errors or omissions.

 

10 Other General Terms

10.1 If any of these Terms are found to be illegal, invalid or unenforceable by any Court or other Authority of competent jurisdiction, the rest of these Terms shall remain in full force and effect.

10.2 These Terms set out the entire agreement between you and Us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law. Any delay or failure by Us to exercise any right We may have under these Terms shall not constitute a waiver by Us of that right.

10.3 These Terms are governed by English law. In the event of any matter or dispute arising out of or in connection with these Terms, you and We shall endeavour to agree upon a binding Alternative Dispute Resolution. In the event of inability to agree, you and We shall submit to the exclusive jurisdiction of the English Courts.

 

Part II – Art Lover Terms

 

11 Registration and Password

11.1 In order to benefit from the enhanced user right granted to an Art Lover or an Art Copyright Owner, you must register with Us as a member.

11.2 All information which you provide in connection with your registration must be true, accurate and up-to-date. You must also ensure that all information given in connection with the registration is maintained as true, accurate and complete at all times.

11.3 In connection with your registration as an Art lover or an Art Copyright Owner you will be allocated a username and password in order to be able to access the Art lover functionality or Art Copyright Owner functionality (as appropriate) of Our Platform. You will have the ability to alter your username, country and password.

11.4 You undertake to safeguard your username and password and take all appropriate security measures to prevent their unauthorised disclosure. You undertake at all times to treat such username and password as confidential, and must not disclose such username and password to any third party.

11.5 We have the right to disable any username or password, whether chosen by you or allocated by us, at any time, if in Our reasonable opinion you have failed to comply with any of the provisions of these Terms.

11.6 You undertake to be responsible for all activities, acts or omissions by anyone using your username and password, whether or not such person used the username and password with your consent.

11.7 If you know or suspect that anyone other than you knows your username or password, you undertake promptly to notify us.

 

12 Your Comments

12.1 Registration as an Art Lover or an Art Copyright Owner permits you to comment on Content which has been added to Our Platform in a message box or via a comment. You undertake to be responsible for all comments which you make.

12.2 You undertake to not submit, post, make or transmit any comment which is unlawful, harassing, threatening, defamatory, harmful, indecent, offensive, abusive, discriminatory, in breach of trust or confidence or which may cause annoyance or inconvenience or which constitutes or encourages any criminal offence or any breach of third party Intellectual Property Rights.

12.3 We do not monitor or control any comments submitted, posted, made or transmitted and you undertake to be responsible for all comments you submit, post, make or transmit.

12.4 If you are in breach of paragraphs 12.1 and/or 12.2 and this results in any legal action being taken or threatened against you or Us by any relevant authority or aggrieved third party, We will fully co-operate with any law enforcement authorities or Court order requesting or directing Us to disclose the identity and/or location of anyone submitting, posting, making or transmitting any comment which is the subject of such action.

12.5 Without prejudice to the above We reserve the right in Our absolute discretion to take down any comments made by an Art Lover or an Art Copyright Owner.

 

13 Adding Content

13.1 You, whether as Art Lovers or Art Copyright Owners, may acquire points which enable you to add other Content from sources on the Internet which host Content created by Art Copyright Owners or other reputable sources which allow free copying (e.g. Rijkstudio by the Rijksmuseum, Amsterdam), and add other Content created or owned by an Art Copyright Owner from other sources on the internet specified by the Art Copyright Owner. You acknowledge that the uploading or contribution by you of any Content other than from the sources above-mentioned in this paragraph may result in legal action being taken against you. The provisions of sub-paragraphs 16.3 and 16.4 and paragraphs 19-21 (inclusive) will apply to any Content contributed in accordance with this paragraph 13 as if all such work were Artist Uploaded Content.

13.2 You undertake to indemnify Us and hold Us harmless on demand from and against all liabilities, losses, damages, claims, costs and expenses suffered or incurred by Us arising out of, or in connection with, any display, uploading, import or other use by you of any Content not specified by the Art Copyright Owner or which you add, contribute, upload or source from any source other than one explicitly specified by the Art Copyright Owner.

 

14 Loss or Suspension of Registered Status

14.1 We may, without notice, amend or terminate at any time any privilege or right granted to Art Lovers or Art Copyright Owners.

14.2 We reserve the right to suspend or terminate your registration as an Art Lover or Art Copyright Owner at any time.

 

Part III – Art Copyright Owner Terms

 

15 Registration and Password

15.1 In order to benefit from the rights granted to an Art Copyright Owner, you must register as a member with Our Platform. As the provisions of Part II of these Terms apply to all Art Copyright Owners, your registration will be governed by the terms of paragraphs 11 and 14 above.

 

16 Adding Content

16.1 Following registration as an Art Copyright Owner you will be entitled to add your Content (in particular but not exclusively, your artwork) for the purposes of making such Content (“Artist Uploaded Content”) available to those using the Platform.

16.2 The provisions of this Part III shall apply to Content added by the Art Copyright Owner until that Content ceases to be available for viewing howsoever removed.

16.3 You undertake to be responsible for all Artist Uploaded Content which you add. You undertake to have the legal right to add all Artist Uploaded Content. You acknowledge that any Artist Uploaded Content added by you must not be subject to any third party Copyright unless the Copyright holder has given consent to such use and consent to your putting into effect the provisions of sub-paragraph 16.4 below. In the event that any Artist Uploaded Content added by you features one or more individuals, then you may need consent from such individual(s) to the adding. You acknowledge that it is the Art Copyright Owner’s responsibility to ensure that all required consents have been obtained in respect of the added Content; e.g. if the Content is a photograph of a work of art and is being imported from another website, you undertake to ensure that the owner of any rights in the photograph consents to the use of the photograph, as there will be separate Copyright in the photograph to that in the work of art.

16.4 We do not claim ownership of any Artist Uploaded Content (which shall be deemed for the purpose of this present sub-paragraph to include Content treated as Artist Uploaded Content under sub-paragraph 13.1). All right, title and interest in the Artist Uploaded Content remain at all times with you subject to the rights granted to Us in accordance with these Terms. On adding any Artist Uploaded Content you grant Us a worldwide, royalty-free, non-exclusive licence for so long as the Artist Uploaded Content appears in the Products to:

  • display, copy, reproduce, exhibit, broadcast, transmit and distribute the Artist Uploaded Content;

  • allow your Content to be displayed by users of Our USEUM Lens application;

  • allow Art Lovers to transmit a thumbnail image of the Artist Uploaded Content via e-mail as an e-Postcard;

  • allow Us to modify the Artist Uploaded Content to permit the uses mentioned above; and

  • use the Artist Uploaded Content for the purposes of promoting, advertising and marketing the Products.

In connection with the adding of any Artist Uploaded Content you agree to waive and not to assert any moral right or other right in the Artist Uploaded Content so added.

 

17 You represent, warrant and undertake to Us that:

  • (a) you own all rights, title and interest (including for the avoidance of doubt all Intellectual Property Rights) in Content added to Our Platform by you and forming part of the Artist Uploaded Content and/or that you have obtained all third party rights, consents and permissions necessary in order for you to grant Us the rights granted to it by these Terms;

  • (b) you have all rights and powers necessary to enter into and perform the obligations under these Terms;

  • (c) Artist Uploaded Content does not infringe any third party Intellectual Property Rights, or the moral or personality rights of any third party.

 

18 You undertake to indemnify Us and hold Us harmless on demand from and against all liabilities, losses, damages, claims and costs and expenses arising out of or in connection with any display, upload, import or other use of Artist Uploaded Content or any breach of any of the representations warranties and undertakings given in these Terms or any breach by you of these Terms.

 

19 We reserve the right to reject the submission of, or (if already posted) to take down, any Artist Uploaded Content which is in Our sole discretion obscene, offensive, blasphemous, pornographic, unlawful, threatening, vulgar, menacing, abusive, defamatory, an invasion of privacy or otherwise in Our absolute discretion considered to be objectionable, unsuitable or inappropriate for display.

 

20 We reserve the right to restrict access to any item of Artist Uploaded Content if We believe that the subject matter of the Artist Uploaded Content should only be accessed after appropriate warning and/or by a restricted class of user.

 

21 We reserve the right to take down any item of Artist Uploaded Content at Our sole discretion including, without limitation, if any claim is made under paragraph 2.7 or if We believe that any work falls within paragraph 19.

 

22 When you register as an Art Copyright Owner you will be given the opportunity to specify whether or not you wish to allow crowdsourcing of your Content by Art Lovers. Provision is made for subsequent enabling or disabling of crowdsourcing. If you allow crowdsourcing, this will allow Art Lovers and Our staff to add other Content by you to the Content from sources which you specify. If you choose to allow crowdsourcing by Art Lovers and Our staff you will be asked to set out the Content which may be so sourced and/or the sites from which your Content may be sourced. You should only specify Content and websites or URL’s from which your Content may be sourced which comply in all respects with these Terms. In particular paragraphs 16.3, 16.4, 17, 18, 19, 20 and 21 will also apply to each and every Content which you permit to be sourced from any site or URL specified by you as if they were Artist Uploaded Content for the purposes of those paragraphs. You must not specify any website or URL from which your Content may be crowd sourced which does not permit other websites to link to that site or URL without consent (unless you have obtained consent for such images to be made available to Us) or which otherwise restricts or prohibits the use of its images on other websites. Without prejudice to the generality of the foregoing you must ensure that only websites are listed that enable you to comply with these Terms.

 

23 If you do not wish your Content to be added from alternative websites or if you do not have full rights to permit Content to be sourced from the websites specified in accordance with these Terms, then you should decline the opportunity to allow crowd sourcing when registering as an Art Copyright Owner.

 

24 As an Art Copyright Owner you can use the USEUM Shop to design Products based on your Artist Uploaded Content which will be offered for sale through the USEUM Shop. You may access Our current fee structure and payment terms through your Art Copyright Owner Account page available through Our Platform. If you design Products using the USEUM Shop, you grant Us the right to produce and merchandise those Products incorporating your Artist Uploaded Content directly by Us or by a Merchandise Third Party on your behalf. You will earn a commission payment for each and every Product sold though the USEUM Shop that has been created by you. For every sale you will notified by e-mail and you will receive the commission payment after a period of approximately a month after the sale was made. We do not guarantee but We will do Our best to make all payments on time and to rectify any other problems which may occur for unexpected technological reasons. Payment will be made to you in United States Dollars via a PayPal account and, therefore, it will be necessary for any Art Copyright Owner creating Products for sale on the USEUM Shop to have or create a PayPal account before being paid for any sales of Products. Any charges incurred in connection with the use of PayPal or in connection with any currency exchange will be payable by the Art Copyright Owner. Once you start selling Products through the USEUM Shop, you will have access to data relating to a complete list of all of the Products you have sold, any monies outstanding to be credited to your account, and any monies you may have already received from Us. You, and not We, will be responsible for payment of any income-related tax payable upon the monies which you receive in respect of the Products. Whilst the above defines the relationship of Us and an Art Copyright Owner with respect to the USEUM Shop, paragraph 7.4 above defines operation of the USEUM Shop from a Customer perspective.