Terms and Conditions for TAKING PRIDE IN ART
We want to thank you for using TAKING PRIDE IN ART’s platform. We appreciate your visit to our Platform in your search for creative works. This Terms of Services Agreement (this “Agreement”) contains the terms under which TAKING PRIDE IN ART provides our Product to you and describes how the Product may be accessed and used. By accessing TAKING PRIDE IN ART platform, you acknowledge and agree to these terms and conditions.
About
Welcome to TAKING PRIDE IN ART, an online platform (the “Platform”) that provides a space for LGBTQ+ artists to showcase their artworks (the “Artwork/s”) and serve as a connection point between artists and art enthusiasts and collectors. Our goal is to create a safe and inclusive community for artists to share their creative works. The artists represent and warrant that the Artworks they submit for display on our Platform are original, do not infringe on any third party's copyright, trademark, trade secret, or other proprietary rights, and do not violate any applicable laws or regulations.
Acceptable Use
You are responsible for your conduct and communications with others while using the Platform. You must comply with the following requirements when using the Platform. If we become aware of any conduct that falls outside the bounds of what is acceptable under this policy, we will take all appropriate action, including removing it and reporting it, as well as suspending your access. We also take steps to prevent uses of our Platform that are contrary to the spirit of this policy.
You may not purchase, use, or access the Platform for the purpose of building a product or service that is competitive to TAKING PRIDE IN ART or for any other competitive purposes.
You may not use the Platform to commit an unlawful activity; or use the Platform for activities where use or failure of the Platform could lead to physical damage, death, mental harm, or personal injury.
You may not misuse our Platform by interfering with its normal operation or attempting to access it using a method other than through the interfaces and instructions that we provide.
You may not store or transmit any viruses, malware, or other types of malicious software, or links to such software, through the Platform. You may not use the Platform to infringe the intellectual property rights of others.
Intellectual Property:
Neither the Terms nor your use of the Platform or any content you access through the Product grants you ownership of the displayed Artworks. The Terms also do not grant you any right to use TAKING PRIDE IN ART’s trademarks or other brand elements. We or our licensors own all right, title, and interest in and to the Platform, and all related technology and intellectual property rights. Subject to the Terms, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferrable license to access and use the Platform solely in accordance with the Terms. Except as provided in this Section 2, you obtain no rights from us, our affiliates, or our licensors to the Product, including any related intellectual property rights. You shall not use the Platform in any manner or for any purpose other than as expressly permitted by the Terms. You shall not attempt to (a) modify, distribute, alter, tamper with, repair, or otherwise create derivative works of any Artwork; (b) reverse engineer, disassemble, or decompile the Platform or apply any other process or procedure to derive the source code of any software included in the Platform (except to the extent applicable law doesn’t allow this restriction); (c) resell or sublicense the Platform. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors). You will not imply any relationship or affiliation between us and you.
Artwork Sales & Delivery:
TAKING PRIDE IN ART does not engage in the sale or purchase of art. We serve as a connection point between artists and art enthusiasts and collectors. All sales transactions occur directly between the artist and buyer, with TAKING PRIDE IN ART not acting as an agent or having any financial interest in such transactions.
TAKING PRIDE IN ART is not responsible for artists' failure to deliver artworks to buyers. We encourage artists to carefully consider their ability to fulfil orders before offering their works for sale on our platform.
Limitation of Liability and Disclaimer:
5.1. Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF EACH OF TAKING PRIDE IN ART, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS ARISING OUT OF OR IN CONNECTION WITH THE PLATFORM AND THESE TERMS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE ARTWORKS 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. TAKING PRIDE IN ART IS NOT AN EDUCATIONAL INSTITUTION, MARKETPLACE, OR CONTENT PROVIDER. OUR USERS, ENTREPRENEURS, CUSTOMERS, AND PARTNERS ARE NOT OUR EMPLOYEES. WE ARE NOT RESPONSIBLE FOR ANY INTERACTIONS BETWEEN YOU AND THE ARTISTS, OTHER THAN PROVIDING THE TECHNOLOGY TO CONNECT. WE ARE IN NO WAY LIABLE FOR ANY DISPUTES, CLAIMS, LOSSES, INJURIES, OR DAMAGE OF ANY KIND THAT MAY ARISE OUT OF YOUR RELATIONSHIP WITH THE ARTISTS, INCLUDING ANY RELIANCE UPON ANY INFORMATION OR CONTENT THAT YOU PROVIDE.
5.2. Disclaimers. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT AND ANY INFORMATION, GUIDANCE, OR RECOMMENDATIONS THEREIN ARE PROVIDED “AS IS” AND TAKING PRIDE IN ART DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE PRODUCT.
Changes to Terms and Conditions:
You acknowledge and agree that TAKING PRIDE IN ART may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Product, and to account for new Products or functionality. The most current version will always be posted on our website. If an amendment is material, as determined in TAKING PRIDE IN ART’s sole discretion, we may notify you by email and/or posting it to our website or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted, and apply to all access to and use of the Product thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice before the date the change is posted. If you do not want to agree to any changes made to the Terms, you should stop using the Product, because by continuing to use the Product you indicate your agreement to be bound by the updated terms.
TAKING PRIDE IN ART reserves the right to modify these terms and conditions at any time without prior notice. Your continued use of our website constitutes acceptance of any modifications.
Governing Law:
This Agreement shall be governed by the laws of England and shall be subject to the exclusive jurisdiction of the English courts.