EVENTS – TERMS OF USE

1. Who Are We

1.1 Art Market Direct Events.

Welcome to Art Market Direct Events, part of ArtMarketDirect.com! We are a timeline based platform offered as part of the main ArtMarketDirect.com website dedicated to enable people all over the world to create, discover and share their art related events.

1.2 The Services.

Art Market Direct Events’s is an extension of the services described within the main Terms and Conditions of ArtMarketDirect.com, including and all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively, our “Site”), all of the services available on or through the Site or otherwise provided by us (including our application programming interfaces), are offered, maintained and provided by Lloyd Hobbard-Mitchell, the owner of ArtMarketDirect.com. We refer to all of these as our “Services.” (“Art Market Direct Events,” means “us,” “we” or “our”).

1.3 Users.

Through the Services, Art Market Direct Events provides a simple and quick means for registered users who are artists, art event organisers, art event planners and charitable organisations (“Organisers”) to create event posts and webpages related to their events, to promote those pages and events to visitors or browsers of the Services to such events (including to paid ticketed or free events) (“Attendees”). We refer to Organisers, Attendees and other visitors and browsers of the Services collectively as “Users” or “you.”

2. Our Terms Of Use.

2.1 Application.

The following policy sets forth the terms and conditions upon which you may use the Services (the “Terms of Use”). If you use the Services in any way, these Terms of Use apply to you. By accepting the Terms of Service and using the Services in any manner, you agree to these Terms of Use without modification and enter into a binding contract with ArtMarketDirect.com.

2.2 Incorporation By Reference.

These Terms of Use and the rights and obligations contained in these Terms of Use are in addition to and are incorporated into the Terms of Service by reference. Nothing in these Terms of Use shall be deemed to modify, waive, amend or rescind any other term of the Terms and Conditions listed or referred to elsewhere on ArtMarketDirect.com.

3. Your Use Of The Services.

3.1 The Services.

ArtMarketDirect.com hereby grants you a personal, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of (a) browsing the Services and searching for, viewing, an event that is registered on the Services; and/or (b) if you are an Organiser, creating event and other webpages with respect to, and promoting, an event, in each case (i) in compliance with these Terms of Use and the Terms and Conditions; and (ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly (A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services; (B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation); (C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner; (D) remove or alter any proprietary notices or labels on or in the Services; or (E) engage in any activity that interferes with or disrupts the Services. Any rights not expressly granted in this paragraph are reserved.

4. ArtMarketDirect.com Role.

4.1 Listing Service and Limited Agent.

ArtMarketDirect.com is not the organiser or owner of the events listed, for information, promotion, sale or registration on the Services. ArtMarketDirect.com provides the Services, which allow Organisers to list and promote their events, but all offers are made by the respective Organiser listed on the applicable event page. It is the Organiser’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner. In any event if attendees are not satisfied with an event ArtMarketDirect.com whatsoever without limitation. Liability solely rests with the Organizer of the event.

4.3 Fees.

Creating an account is free. Listing an event and accessing the Services costs the Organiser £1. We charge our fee only when you list your event. Certain fees are meant, on average, to defray certain costs incurred by ArtMarketDirect.com, but also to at all times to include an element of profit. ArtMarketDirect.com is a commercial venture.

4.4 Refunds.

Insofar paid Ticketed Events are concerned because all transactions are between an Organiser and its respective Attendees outside of the Services provided by ArtMarketDirect.com, ArtMarketDirect.com asks that all Attendees contact the applicable Organiser of their event with requests, questions or enquiries. In the case of paid ticketed events, in line with best policy Organisers agree to post and maintain a refund policy on each event page and that refund policy will govern. ArtMarketDirect.com will have no liability for (a) an Organiser’s failure to give refunds; (b) ArtMarketDirect.com failure to mediate a dispute.

5. Account, Password And Security.

5.1 Registration.

As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree to provide true, accurate, current and complete information about yourself. In the event of any dispute between two or more parties as to account ownership, you agree that ArtMarketDirect.com shall be the sole arbiter of such dispute in its discretion and that ArtMarketDirect.com decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

5.2 Security.

You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify ArtMarketDirect.com of any unauthorized use of your password or account or any other breach of security.

5.3 Age Restrictions.

ArtMarketDirect.com is concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third party service providers used by Art Market Direct Events, you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).

6. Content.

6.1 Site Content.

You agree that all material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by ArtMarketDirect.com in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. ArtMarketDirect.com may own the Site Content or portions of the Site Content may be made available to ArtMarketDirect.com through arrangements with third parties. The compilation of all Site Content included in or made available through the Services is the exclusive property of ArtMarketDirect.com and is protected by copyright laws. Except as expressly authorized by ArtMarketDirect.com in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other website or in a networked computer environment for any purpose. You shall use the Site Content only for purposes that are permitted by these Terms of Use and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.

6.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Services (“Your Content”), you hereby grant to ArtMarketDirect.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including ArtMarketDirect.com promotional and marketing services), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, ArtMarketDirect.com does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Use will restrict any rights that you may have to use and exploit Your Content outside of the Services. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, provincial, national and other laws, rules and regulations; and (c) does not violate the Terms of Service, including without limitation these Terms of Use and the Privacy Policy. In addition, Your Content must be accurate and truthful. ArtMarketDirect.com reserves the right to remove any of Your Content from the Services at any time if ArtMarketDirect.com believes in its discretion that it violates the Terms of Service, including without limitation, these Terms of Use. In addition, you agree that ArtMarketDirect.com may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of ArtMarketDirect.com both on the Services and in marketing, advertising and promotional materials.

6.3 Feedback & Revisions.

You hereby acknowledge that (a) any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to ArtMarketDirect.com by you (collectively “Feedback”); and (b) all improvements, updates, modifications or enhancements, whether made, created or developed by ArtMarketDirect.com or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of ArtMarketDirect.com. All Feedback and Revisions become the sole and exclusive property of ArtMarketDirect.com and ArtMarketDirect.com may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to ArtMarketDirect.com any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of ArtMarketDirect.com. At ArtMarketDirect.com request, you will execute any document, registration or filing required to give effect to these provisions.

7. Conduct.

7.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other users of the Services. You agree (1) to use the Services in accordance with our Terms and Conditions; and (2) not to use the Services to:

(a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(b) harm minors in any way;

(c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize;

(d) impersonate any person or entity, including, but not limited to, an ArtMarketDirect.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

(f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

(g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity;

(h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events;

(i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service (including without limitation these Terms of Use and the API Terms of Use.

(j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

(k) attempt to probe, scan or test the vulnerability of any ArtMarketDirect.com server or network or breach any security or authentication measures, unless you are an authorized contractor of ArtMarketDirect.com specifically engaged to provide such services;

(l) attempt to avoid or circumvent any technological measure implemented by ArtMarketDirect.com to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;

(m) solicit any User to use a third party service that competes with ArtMarketDirect.com;

(n) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;

(o) stalk or otherwise harass any person or entity.

7.2 Certain Remedial Rights.

You acknowledge that ArtMarketDirect.com does not pre-screen Your Content or the Content of any other User in connection with the Services, but that ArtMarketDirect.com and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service, including without limitation, these Terms of Use. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that ArtMarketDirect.com may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or (d) protect the rights, property and/or personal safety of ArtMarketDirect.com, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

8. Sub-domains.

ArtMarketDirect.com may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix]. ArtMarketDirect.com) for a given event. All such sub-domains are the sole property of Art Market Direct Events and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event ArtMarketDirect.com provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively listed on the Services and you are in compliance with the Terms of Service, including without limitation, these Terms of Use. If ArtMarketDirect.com terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

9. Additional Services.

ArtMarketDirect.com may, upon request, and for such fees as ArtMarketDirect.com may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, registration or booking facilities, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of ArtMarketDirect.com, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

10. Service Modifications.

ArtMarketDirect.com constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to ArtMarketDirect.com as you use the Services, there would be no refund of fees already due following any such change to the Services.

11. Links.

11.1 Third Party Websites.

The Services may provide, or Users may provide, links to other Internet websites or resources. Because ArtMarketDirect.com has no control over such websites and resources, you acknowledge and agree that ArtMarketDirect.com is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with ArtMarketDirect.com partners or third party service providers.

11.2 Linked Accounts.

As part of the Services you may be able to link an account you have with a third party service, such as a social media website. By linking such third party account, you agree that ArtMarketDirect.com may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.

12. Privacy; Customer Information.

12.1 Privacy Policy.

All information provided by Users or collected by Art Market Direct Events in connection with the Services is governed by Art Market Direct Events’s Privacy Policy. The Privacy Policy is incorporated into the Terms and Conditions by reference. ArtMarketDirect.com strongly recommends that you review the Privacy Policy.

12.2 Co-Ownership.

ArtMarketDirect.com follows a “co-ownership model” with respect to Venue and Organiser Information (as defined below). This means that all Venue and Organiser Information inputted by an Organiser on event pages posted by an Organiser on the Services will be shared and may also be used by ArtMarketDirect.com in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Venue, Organiser or Attendee. Each Venue and Organiser acknowledges and agrees to this sharing and understands and agrees that each Organiser is solely responsible for the use of Information that was provided through the Services and that ArtMarketDirect.com is responsible only for its own use of Venue and Organiser Information. Each Organiser represents, warrants and agrees that (a) it will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Attendee Information; (b) it will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and (c) upon a request of a given Attendee or as permitted in Section 8.2 of these Terms of Use, Art Market Direct Events is authorized at its discretion to delete or anonymize Venue, Organiser or Attendee Information by written request from the Services at which time it will no longer be available through the Services or will no longer be linked to an identifiable Venue, Organiser or Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organiser’s own databases if transmitted prior to ArtMarketDirect.com receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests.

12.3 Payment Data.

ArtMarketDirect.com will not share with any third party any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by anyone on the Services for any reasonso long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable third parties, so Payment Data should be entered only under “Payment” on the order payment page. In all cases, ArtMarketDirect.com will endeavor to use Paypal to management all payments and any data collected by PayPal will be used in accordance with their respective Privacy Policy.

End.