1. ACCEPTANCE OF TERMS
British Sporting Art provides its service to you, subject to the following Terms of Service (TOS), which may be updated by British Sporting Art from time to time without notice to you. By using British Sporting Art, you agree, without limitation or qualification, to be bound by, and to comply with, these Terms of Service.
2. DESCRIPTION OF SERVICE
British Sporting Art provides an online quality art selling and buying service (the “Service”). You understand and agree that you may receive certain communications from British Sporting Art, such as service announcements and administrative messages, and that these communications are considered part of British Sporting Art membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance British Sporting Art shall be subject to the TOS. You understand and agree that British Sporting Art is provided “AS-IS” and that British Sporting Art assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to British Sporting Art and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees.
In addition, you must provide and are responsible for all equipment necessary to access British Sporting Art. Please be aware that certain areas on British Sporting Art may contain mature content. You must be at least 18 years of age to access and view such areas.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of British Sporting Art, you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the British Sporting Art registration form (such information being the “Registration Data”) and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or British Sporting Art has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, British Sporting Art has the right to suspend or terminate your account and refuse any and all current or future use of British Sporting Art (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will select or receive a password upon completing the British Sporting Art registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify British Sporting Art of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not British Sporting Art, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. British Sporting Art does not control the Content posted via British Sporting Art and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using British Sporting Art, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will British Sporting Art be liable in any way for any Content, 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 Content posted, emailed, transmitted or otherwise made available via British Sporting Art.
You agree to not use British Sporting Art to:
1. 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;
2. harm minors in any way;
3. impersonate any person or entity, including, but not limited to, a British Sporting Art employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through British Sporting Art;
5. 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);
6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of unauthorized solicitation;
8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
9. interfere with or disrupt British Sporting Art or servers or networks connected to British Sporting Art, or disobey any requirements, procedures, policies or regulations of networks connected to British Sporting Art;
10. intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law;
11. if you are an artist, upload your own art for sale; or
12.”stalk” or otherwise harass another.
You acknowledge that British Sporting Art does not pre-screen Content, but that British Sporting Art and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via British Sporting Art.
Without limiting the foregoing, British Sporting Art and its designees shall have the right to refuse to approve or remove any Content that violates the TOS, is otherwise objectionable or which, in the view of British Sporting Art in its sole discretion and judgment, does not constitute quality or premium art or is of an insufficient quality so as to be inconsistent with the objectives of the Site.
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. In this regard, you acknowledge that you may not rely on any Content created by British Sporting Art or submitted to British Sporting Art.
You acknowledge and agree that British Sporting Art may preserve Content and may also disclose Content 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) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of British Sporting Art, its users and the public.
You understand that the technical processing and transmission of British Sporting Art, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION
British Sporting Art does not claim ownership of Content you submit or make available for inclusion on British Sporting Art. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of British Sporting Art, you grant British Sporting Art the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of British Sporting Art, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on British Sporting Art. and in any advertising or promotion undertaken by British Sporting Art in any form. This license exists only for as long as you elect to continue to include such Content on British Sporting Art and will terminate at the time you remove or British Sporting Art removes such Content from British Sporting Art.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of British Sporting Art, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of British Sporting Art are those areas that are intended by British Sporting Art to be available to the general public.
You agree to indemnify and hold British Sporting Art, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through British Sporting Art, your use of British Sporting Art, your connection to British Sporting Art, your violation of the TOS, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that British Sporting Art may establish general practices and limits concerning use of British Sporting Art, including without limitation the maximum number of days that uploaded Content will be retained by British Sporting Art, the maximum disk space that will be allotted on the British Sporting Art servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access British Sporting Art in a given period of time.
You agree that British Sporting Art has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by British Sporting Art.
You acknowledge that British Sporting Art reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that British Sporting Art reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. MODIFICATIONS TO SERVICE
British Sporting Art reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, British Sporting Art (or any part thereof) with or without notice. You agree that British Sporting Art shall not be liable to you or to any third party for any modification, suspension or discontinuance of British Sporting Art.
12. TERMINATION AND CANCELLATION
You agree that British Sporting Art, in its sole discretion, may terminate your password, account (or any part thereof) or use of British Sporting Art, and remove and discard any Content within British Sporting Art, for any reason, including, without limitation, for lack of use or if British Sporting Art believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
British Sporting Art may also in its sole discretion and at any time discontinue providing British Sporting Art, or any part thereof, with or without notice. In particular, and without prejudice to the foregoing, if art is uploaded by an artist seeking to sell art in their own right and/or on behalf of an artist other than on the terms of a professional relationship of gallery or dealer and artist, such art shall be liable to be removed without further notice and without reimbursement of any credits used by any person so uploading art.
You agree that any termination of your access to British Sporting Art under any provision of this TOS may be effected without prior notice, and acknowledge and agree that British Sporting Art may immediately deactivate or delete your account and all related information and Content in your account and/or bar any further access to such Content or British Sporting Art.
Further, you agree that British Sporting Art shall not be liable to you or any third-party for any termination of your access to British Sporting Art. To cancel your account, you are required to notify British Sporting Art by email to info@British Sporting Art). Any other form of cancellation request may or may not be accepted or processed.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through British Sporting Art, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that British Sporting Art shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on British Sporting Art.
British Sporting Art may provide, or third parties may provide, links to other World Wide Web sites or resources. Because British Sporting Art has no control over such sites and resources, you acknowledge and agree that British Sporting Art is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
You further acknowledge and agree that British Sporting Art shall 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 such Content, goods or services available on or through any such site or resource.
15. PROPRIETARY RIGHTS OF BRITISH SPORTING ART
You acknowledge and agree that British Sporting Art and any necessary software used in connection with British Sporting Art (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content presented to you through British Sporting Art or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.
Except as expressly authorized by British Sporting Art or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on British Sporting Art or the Software, in whole or in part.
British Sporting Art grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.
You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to British Sporting Art. You agree not to access British Sporting Art by any means other than through the interface that is provided by British Sporting Art for use in accessing British Sporting Art.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF British Sporting Art IS AT YOUR SOLE RISK. BRITISH SPORTING ART IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. British Sporting Art EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. British Sporting Art MAKES NO WARRANTY THAT (i) British Sporting Art WILL MEET YOUR REQUIREMENTS, (ii) British Sporting Art WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF British Sporting Art WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH British Sporting Art WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF British Sporting Art IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM British Sporting Art SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT British Sporting Art SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF British Sporting Art HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:
(i) THE USE OR THE INABILITY TO USE British Sporting Art;
(ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM British Sporting Art;
(iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON British Sporting Art; OR
(v) ANY OTHER MATTER RELATING TO British Sporting Art.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. British Sporting Art may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on British Sporting Art.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide British Sporting Art with the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Notice of copyright or other intellectual property infringement can be sent to British Sporting Art as follows:
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and British Sporting Art and govern your use of British Sporting Art, superceding any prior agreements between you and British Sporting Art. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software. The TOS and the relationship between you and British Sporting Art shall be governed by the laws of in accordance with the laws of England and Wales without regard to its conflict of law provisions. You and British Sporting Art agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales.
The failure of British Sporting Art to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of British Sporting Art or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to email@example.com