Terms and conditions

Please read this Agreement carefully, as it sets out our and your legal

rights and obligations in relation to our Site. By using our Site you agree to be bound by this Agreement.

1. Definitions and interpretation

1.1 In this Agreement:

“Agreement” means these website terms;

“Artist Site” means a website submitted by you for
inclusion in the directory of websites on the Site;

Images” means:

(a) all graphic works (including modern art paintings, drawings, diagrams, maps, charts, plans, engravings, etchings, lithographs and woodcuts) and images of graphic works;

(b) all photographs; and

(c) all images of sculptures, collages, models or other artistic works, which are accessible via the Artist
Site at the date of submission of the Artist Site and for a period of 14 days thereafter (or which are specified in accordance with Clause 3.3);

Intellectual Property Rights” means all intellectual property rights wherever in the world arising, whether registered or unregistered, including any application or right of application (including copyright, moral rights, performers’ rights, performers’ moral rights, know-how, confidential information, trade secrets, business names, trade marks, design rights, database rights and rights to sue for passing off);

Site” means the website at www.wotartist.com or any successor site operated by us from time to time.

1.2 References in this Agreement to “we” or “us” mean Wotartist.com.

1.3 References in this Agreement to “you” mean the person using the Site.

1.4 Clause headings do not affect the interpretation of this Agreement.

1.5 References to Clauses are references to the clauses of this Agreement.

1.6 The ejusdem generis rule does not apply to the interpretation of this Agreement, and accordingly the interpretation of general words in this Agreement will not be restricted by words indicating a particular class or particular examples.

2. Licence to use the Site

2.1 We or our licensors own the Intellectual Property Rights in the Site and material on the Site.

2.2 You may:

(a) view and download for caching purposes only pages from the Site for your own personal use;

(b) print pages from the Site excluding images; and subject in each case to the restrictions in Clauses 2.3, 2.4 and 4.

2.3 Save where you are acting in relation to material which you own or are the licensee of the relevant rights, you must not:

(a) republish material from this Site (including republication on another website);

(b) sell, rent or sub-license material on the Site;

(c) reproduce, duplicate, copy or otherwise exploit material on the Site for a commercial purpose;

(d) edit or otherwise modify any material on the Site; or

(e) redistribute material from the Site (other than by using the ecard facility on the Site in accordance with the terms of this Agreement).

3. Our use of Images

3.1 Subject to Clause 3.3, by submitting an Artist Site using our submission form, you grant to us a worldwide non-exclusive royalty-free licence of the Intellectual Property Rights in the Images, for the purpose of displaying previews, pop-ups consisting of or containing Images on the Site.

3.2 You agree that we may sub-licence the rights granted in Clause 3.1 in accordance with the provisions of Clause 2 of this Agreement (as amended, updated and replaced from time to time).

3.3 If you are unable to grant to us the rights to all Images specified in the licence in Clauses 3.1 and 3.2 you must contact us at the same time as submitting an Artist Site in order to specify the Images to which the licence relates.

3.4 You may revoke any licence granted under this Clause 3 by giving to us at least 14 days written notice of revocation.

4. Acceptable use

You must not use the Site:

(a) in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site;

(b) in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) to copy, publish or send mass mailings or spam;

(d) to copy, publish or send material which: is defamatory, obscene, indecent, hateful, discriminatory or inflammatory; infringes any person’s Intellectual Property Rights or rights of confidence; impinges upon any person’s privacy; constitutes incitement to commit a crime; or is misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing; or

(e) to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English law or any other applicable law.

5. Donations

5.1 If you make a donation to the Site, we may (but will have no obligation to) include a copy of your logo and/or a link to your website on the Site.

5.2 Where we include a copy of your logo on our website, you warrant that it does not infringe any third party’s Intellectual Property Rights or other proprietary rights.

5.3 Where we include a link to your website on the Site, you warrant that your site (as updated from time to time):

(a) does not infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of confidence or privacy;

(b) does not violate any law, statute, ordinance or regulation;

(c) is not defamatory, unlawfully threatening, unlawfully harassing or maliciously false;

(d) is not obscene or pornographic;

(e) does not violate any laws regarding unfair competition, anti-discrimination or false or misleading advertising; and

(f) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6. Additional warranties

6.1 Whilst we endeavor to ensure that the information on the Site is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Site remains available or that the material on the Site is kept up-to-date.

6.2 We do not grant to you any warranties or make any representations relating to the Site or your use of the Site, and we exclude all such warranties and representations.

6.3 You warrant that the Artist Site and the Images and the use of the Images on the Site:

(a) does not infringe any third party’s Intellectual Property Rights, other proprietary rights or rights of confidence or privacy;

(b) does not violate any law, statute, ordinance or regulation;

(c) is not defamatory, unlawfully threatening, unlawfully harassing or maliciously false;

(d) is not obscene or pornographic;

(e) does not violate any laws regarding unfair competition, anti-discrimination or false or misleading advertising; and

(f) does not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

6.4 You warrant that you have full authority, power and capacity to enter into this Agreement and that all necessary actions have been taken to enable you to lawfully enter into this Agreement, and that you own or have the right to licence to us the Intellectual Property Rights in Images in accordance with Clause 3.

7. Indemnity

You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any term of this Agreement, or arising out of any claim that you have breached any term of this Agreement.

8. Limitations of liability

8.1 Subject to Clause 8.2, we will not be liable for or in respect of any loss, damage, expense, cost or liability arising under this Agreement or in connection with the Site, whether arising in tort, contract, or otherwise.

8.2 Nothing in this Agreement shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.

9. Third party websites

The Site includes links to other websites provided by third parties. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

10. Trade marks

10.1 Wotartist and our logo are trade marks belonging to us. We give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

10.2 The other registered and unregistered trade marks or service marks on the Site are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

11. General

11.1 If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and such invalid or unenforceable provisions or portion thereof shall be deemed omitted.

11.2 No waiver of any term, provision, or condition of this Agreement, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that term, provision or condition or any other term, provision or condition of this Agreement.

11.3 This Agreement is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under this Agreement is not subject to the consent of any person who
is not a party to this Agreement.

11.4 You may not assign, charge, sub-contract or otherwise transfer this Agreement, or any of your rights or obligations arising under this Agreement. Any attempt by you to do so shall be null and void. We may assign, charge, sub-contract or otherwise transfer this Agreement, or any of our rights or obligations arising under this Agreement, at any time.

11.5 We may vary this Agreement from time-to-time by posting a new version on the Site.

11.6 Subject to Clause 8.2, this Agreement constitutes the entire agreement between you and us in relation to your use of the Site, and supersedes all previous agreements in respect of your use of the Site.

11.7 This Agreement will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.

August 2006