CONDITIONS OF USING THE SITE ARTEEX.RU
Read the following text attentively. The use of the site where you are (the domain name of the site is ARTeex.ru) is only allowed according to the License agreement, the text and the order of concluding and signing of which follows below, as well as the Agreement of personal data processing of «ARTeex» Ltd, the text of which is posted on the Website in the "Documents" section..
The site can contain information, which may have age limitation to have access to. Only people older than 18 years old are allowed to use the site.
The information placed here is protected by the copyright law.
If you do not agree with the conditions of the site usage, if you are younger than 18 years old, you must stop using the site immediately, close all internet-pages of the site, leave the site without using any information from it and delete the information you got using the site.
The License agreement to use the Marketplace ARTeex
The License agreement is the integral and essential part of usage conditions of the Site ARTeex.ru – the license agreement which defines rules and conditions the Visitor of the site ARTeex.ru is to follow in case of using the site ARTeex.ru and the information from the database.
- Terms and definitions
The author of the Marketplace ARTeex – is the subject of the copyright law , who created the work( works) of art , the information of him , as well as of his masterpieces, is situated ( may be situated) in the database of the Marketplace ARTeex.
Administrator – LLC «ARTeex», which is the owner of the Site arteex.ru and the creator of the database of the Marketplace ARTeex. The administrator has exclusive rights for the Site and the Marketplace ARTeex.
Art-objects of the Marketplace ARTeex – are the works of art, the information of which is contained in the database of the Marketplace ARTeex.
Information system – aggregation of information contained in the database with information technologies and technical devices used for its processing.
Information of the Site - the data (messages, findings) situated on the site regardless the form of their presentation.
License agreement to use the Marketplace ARTeex (The License agreement) – a license agreement between the Visitor of the site and Administrator according to which Administrator realizes ( transfers ) the Visitor of the site the right to use the database of the Marketplace ARTeex.
Bid (Lot) – an art-object of the Marketplace ARTeex, which is offered (may be offered) for sale to visitors of the site.
The greatest contemporary artists (The greatest contemporary Russian artists, the greatest contemporary artists of Russia or another, similar definition) – is the term used on the site and (or) on social sites on behalf of the Marketplace ARTeex. It includes the list of the Russian Authors (representatives of the Russian Culture) not older than 1961 year of birth, who create 2D-, 3D- art works of easel format. The list made by Administrator and is based on expert assessment of their creative work, integral indicator (calculated by administrator), evaluation of their creativity, popularity and commercial activity of the authors. The administrator does his best to make the list fairly, but anyway the list only reflects the subjective opinion of the administrator.
Marketplace ARTeex – depending on the context: a database placed on the Marketplace ARTeex, the creator of which is Administrator, or an information system containing the mentioned database.
Purchaser – a Site Visitor, who has confirmed his desire to buy a bid with the help of the Site, according to the mode of the bid sale, chosen by the Purchaser .In cases set by the site, only the Site User can be a Purchaser.
User of the site ARTeex.ru (The site User, the participant) – is a Visitor of the Site, who has made registration on the Site. All rights and opportunities of the Site User can be defined by Administrator according to the services, provided to the Site Users within the License agreement. The services are paid according to the License agreement at Administrator rates, in the way defined by the License agreement.
Visitor of the Site arteex.ru (the Site Visitor) – an individual or a legal entity as a representative who has concluded the License agreement. Administrator can limit rights and possibilities of the Site Visitor in comparison with rights and possibilities of the Site Users.
Seller – the Site User who is the Bid owner or his legal representative .He has the right to sell the Bid from the Bid owner. It happens in case the information on the Site can be provided by the Seller according to the law (according to his rights within the law, as well as with copywrite law and personal data protection law).
Registration on the Site– providing the information to administrator (or the administrator representative) by the Visitor of the Site using the Site or another documentary way in the amount defined by Administrator.
Site Marketplace ARTeex (Site arteex.ru, the Site) – an aggregation of programs for electronic computers or other information (including the database of the Marketplace ARTeex), contained in information system of the Marketplace ARTeex, the access to which is provided by the information-telecommunication network «The Internet" (further – the network Internet) with domain name ARTeex.ru.
Any other terms the meaning of which is not defined here of further in the text of the License agreement, are used in the meaning they have according to the law or other legal acts of the Russian Federation. Hereinafter, the writing of ARTeex and ARTEEX, as well as АРТикс (рус.) and АРТИКС (рус.), is considered equivalent.
- General points
The current License agreement is concluded between Administrator and Visitor of the Site (further separately they are called Side, and together –Sides) and is the agreement of accession according to the article 428 of the Civil Law of the Russian Federation (further – CL RF).
- The current License agreement is a public offer. The beginning of using the Site means agreement of an individual or a legal entity to conclude this License agreement (acceptance). From this moment, the License agreement between the person and Administrator is considered to be concluded in the written form and to be taken into force, and the person is considered by the Sides to accept all rights and responsibilities of the Site Visitor.
- The Site Visitor can only make this License agreement and use the Site if he is older than 18 years old.
- While concluding the License agreement Administrator has right to assign a personal number to the Site Visitor agreement. In this case Administrator informs the User of the Site about it by e-mail and-or the Site (on the Site in the personal office).
- While concluding the License agreement the Sides consider the Administrator to have exceptional right for the Site and for its information as it is the result of his intellectual activity, he can use it and its information at his discretion in any legal way; he can allow or prohibit other people to use the Site and its information according to rights granted to them. Other people cannot use the Site information without permission of the administrator and without identifying the volume of the information, which can be used. The use of the Site information without the permission of the owner, or in the volume, which was not approved by the owner, is illegal and entails responsibility according to the Law of the Russian Federation.
- Having started to work with the Site, the individual, (further the subject of the personal data) expresses his agreement to have his personal data to be processed according to the law N 152-Federal Law «About personal data» and the policy of processing of personal data of LLC «ARTeex ». If the subject of the personal data does not agree with this condition, he has no right to conclude this License agreement and must stop using the Site , close all internet pages of the Site , leave the Site , delete all the information which he had had access to while using the Site and can’t use it any more.
- The Use of the Marketplace ARTeex
- The database of the Marketplace ARTeex is the database of information about Authors of the Marketplace ARTeex, art-objects of the Marketplace ARTeex, Bids, the Site Users, Purchasers, Sellers, their communications, if they happen to be on the Site.
- The database of the Marketplace ARTeex can be used by the Site visitors to get information about the authors of the Marketplace ARTeex, about art-objects of the Marketplace ARTeex, Bids, Sellers, exchange information between Purchasers, Sellers, and Administrator using the Site.
- The order of collaboration of Sellers, Purchasers, and Users of the Site, the Site Visitors, and Administrator is defined by the points of the current License agreement, by restrictions set by the administrator as the owner, by features of technical realization of the Site, as well as by other rules, the information of which is written on the Site.
- In order and on conditions defined by the current License agreement, Administrator provides the Site Visitor with the right to use the Site and the database of the Marketplace ARTeex (a simple non-exclusive license).
- The license for the right is provided for the whole time while the Administrator has exclusive right for the Site and the database of the Marketplace ARTeex.
- The License agreement for the Site and the database of the Marketplace ARTeex is concluded before or just at the moment of using of licensed products at the place of location of the Administrator (city Moscow) and is valid for the whole time while the administrator has the exclusive right for the Site and the database of the Marketplace ARTeex, on condition that the Site Visitor follows all the terms of the current License agreement.
- The Administrator provides the Site Visitor with the right to use the Site and the database of the Marketplace ARTeex without any regional limitations, on conditions and in order defined by the law of the Russian Federation and the current License agreement.
- The Site Visitor is prohibited to use the Site and the database of the Marketplace ARTeex in any ways, if such use contradicts or leads to violation of the law of the Russian Federation.
- The Administrator, in general case, is not the copyright owner of the images of the Marketplace ARTeex art-objects, contained in the database of the Marketplace ARTeex (further – Images).
- The Administrator uploads Images in the database of the Marketplace ARTeex, provided by the Site Users or got by him from generally accessible sources.
- The Site Users must provide images of Bids for the Site only if they have legal right to announce the Bid, or if the Bid had already been legally announced before.
- Any information, provided by the Site User for the database of the Marketplace ARTeex, must correspond to the relevant law regulations specific for such information. Before providing this information for the database of the Marketplace ARTeex, the Site User must make sure that the placement of the information does not contradict the Law requirements.
- The Site Visitor is Responsible for the fact that all information provided by Administrator in the database of the Marketplace ARTeex meets law requirement.
- The Site Visitor ( Representative of the Site Visitor) has right to send messages, e-mails , notes in the service of messages exchange on social sites , applications for mobile phones in order to provide information for the database of the Marketplace ARTeex to be placed by the Administrator. Any information sent to the Administrator ( the Administrator representative) by the mentioned methods are considered by the Site User and Administrator as a request of the Site User to the Administrator to place this information in the database of the Marketplace ARTeex on behalf of the Site User on conditions of the current License agreement. The Site User is responsible for the actions of the Administrator carried out according to this point, as if he did it himself.
- Images are placed in the database of the Marketplace ARTeex as a citation with the aim of information (introduction of the Site Visitors with visual characteristics of the Bid on the initiative of a Seller or at the initiative of the Administrator for informational purposes illustrating the validity of the recognition of the creativity of the author of the Marketplace ARTeex, the state of the art market of his works), with obligatory mentioning the author’s name and the source where this information had been taken.
- The Site Visitors are to use the information from the database of the Marketplace ARTeex, which copyright does not belong to Administrator, exclusively in personal goals.
- The Site Visitors have no right :
to copy and post any information from the Site , as well as to make one or several copies of the whole Site or its part ( images, articles , database and others ) in any form , including audio or video recordings. In this case the recordings of the work on electronic media , as well as recordings in computer memory, is also considered to be a reproduction , apart from cases, when the copy is a temporary and integral part of a technological process , which has only one goal-to use the recording legally or to make it public;
to spread the content of the Site (originals, copies, samples) by selling them or by other ways of expropriation;
to make public show of the Site materials , to make any demonstration of them from the screen , with the help of a film, television picture, diapositive or other technical devices , as well as demonstration of separate episodes by audio-video play without their sequence with or without any technical devices in a place , which is open to public visits , or in a place where there are a lot of people who don’t belong to the family , no matter if this demonstration is watched in this or another place together with demonstration of the art work ;
to translate or process the information from the Site . By processing we mean creation of any work (processing or smith else), making copies and editing images, changing and editing of texts and other intervention in materials, which are objects of copyright. By processing of database we understand any changes including translations from one language into another , apart from adaptation, changing the material of the database for particular technical devices to function or for certain software of the User ;
to transfer the materials of the Site to broadcast or by cable TV;
to make the materials of the Site ( in any volume) accessible to public in the way when any person could get access to them from any place and any time according to his own choice ;
to show the database of the Site as a whole or its parts to other people.
- The Site and the database of the Marketplace ARTeex is provided to the Site Visitors according to the rule « as it is », so Administrator is not responsible for any mistakes contained in the software code, even if the mistakes can limit, change the work of the Site and the database contain of the Marketplace ARTeex; mistakes in the Site content; technical limitations, the choice of used technical and software means.
- Administrator forms the database of the Marketplace ARTeex based on the information published in open sources. The Administrator does not guarantee the accuracy of the information contained in the database of the Marketplace ARTeex. Using the information contained in the Marketplace ARTeex database the Site Visitor is to conduct an independent verification of the used information.
- When the Site User is going to place information about Art-objects for the database of the Marketplace ARTeex, he gives his consent to have this information published (in the volume given for the Site) on information pages of the Marketplace ARTeex, as well as on social sites pages such as: facebook.com, instagram.com and others, including other sites and pages if the publication is used to inform the Visitors about Bids.
- Any suggestions of Art-objects for selling on the Site are considered as reference information published in the database of the Marketplace ARTeex, and they are not considered as public offers from Sellers.
- In cases when the price of the Art-object is specified (the cost) , the price of the Art-object , in general case , entails following the conditions during the deal of purchase of the Art-object :
the transfer of the Art-object is realized in the place where the Seller is located ;
the transfer of the Art-object is done without decorations ( baguette, frame ) , packaging ;
the Art-object is given in safety «as it is »;
the transfer of the copyright is not carried out ;
the author’s interest ( if there is any) is included in the price of the Art-object ;
taxes (if there are any) are included in the price of the Art-object ;
the permission to take the Art-object abroad is not provided .
- Sellers and Purchasers are to answer the requests of the Site Visitors immediately, when it comes to the information published on the Site in open access and based on the information provided.
- Registration of the Site Visitor
- The Registration of the Site Visitor is fulfilled by providing information (on the Site and defined by the Administrator) by the Site Visitor to Administrator. The registration of the third side is prohibited.
- The Information of the registered Site Visitor is contained in the Private Office – the page of the Site access to which is performed only to the Site Visitor, who has passed the authentication procedure entering the Private office. The Private office contains the information used only to pass the authentication procedure, in order to perform the confidential informational cooperation between the Site User and Administrator, defined by the current License agreement. The Private office can also contain non-personalized information, sent by the Administrator to the Site User within this License agreement.
- The name of the Site User (given by the Site User during registration) must not contain any obscene words, trademark names, hidden or open ads of goods, services or works.
- The rights of the Site User, including the right to use the registry record on the Site, are personal and cannot be used together with other people and cannot be transferred to another person.
- The Site Visitor cannot create more than one registry record.
- The Site User is fully responsible for his password security, as well as of all activities in his Private Office keeping his password in secret.
- The Site User is to inform Administrator immediately in case of any unauthorized access to his record or if he has suspicions about such access.
- The Administrator is not responsible for any losses as a result of any unauthorized access to the Visitor’s registry record.
- The Site User must inform the Administrator about any changes of registration information.
- The order of payments
- The License reward is defined according to the Administrator tariffs provided on the Site. The Administrator has a right to change tariffs from one side by publishing new tariffs on the Site.
- The Site User is to pay the license reward to the Administrator (if the reward is implicated according to the tariffs) by bank transfer of the money to Administrator’s bank account according to the tariffs.
- All payments in the current offer are performed in rubbles. It is free of VAT (point 26 part 2 article149 of TC RF).
- All bank or other interest payments connected with License reward are paid by the Site User.
- The Administrator sends Acts and Invoices by post (if another option has not been defined by the Sides) only to legal entity or individual entrepreneurs. For individuals the documents are provided after a written request.
- The Administrator can send the Site User materials according to this section by e-mail, if such way of document processing is legal.
- The final points
- The text of the License agreement can be changed by the Administrator unilaterally, due to changes in the current law system of the Russian Federation, so the Site Visitor should check the date of the current License agreement from time to time. The information placed on the Site at the moment when the Site Visitor was on the Site is considered to be valid.
- The Administrator is not a mediator between the Purchaser and the Seller. The information on the Site, the terms like «To buy», «To Sell», «Bought», «Sold» (or similar in meaning) mean just information (posted with the help of the Site) from Purchasers or Sellers or from Sellers to Sellers or Purchasers about their intention to realize a Bid (Bids). The term «Deal» means that there is a preliminary agreement between a Purchaser and a Seller of a possible realization of a Bid on conditions contained in the database of the Marketplace ARTeex. Such agreement is not obliging for the Purchaser or the Seller. Realization of a Bid is fulfilled by personal contact and making an agreement of purchase-sale of a Bid between the Seller and the Purchaser.
- The Administrator has a right to demand, and Sellers with Purchasers are to provide the Administrator all the evidence that the information, included in the database of the Marketplace ARTeex about the Bid is correct, based on the information provided by Sellers (as well as Purchasers if the Art-object is in status «Deal»).
- The Administrator values the accuracy of the information about the Bid himself, based on his own information. The Administrator has a right (but he does not have to) to collect additional information about the data provided to him by Sellers and Purchasers, as well as by the Site Visitors.
- The current License agreement can be cancelled from one side on the initiative of any of the Sides.
- The License agreement is cancelled on the initiative of the Site Visitor at the moment when he stops using the Site, but in case the database of the Marketplace ARTeex contains information about the Site User and (or) the final payment for the License agreement has not been done – the agreement is cancelled at the moment of the last payment and after all the personal information about the Site Visitor is deleted from the database of the Marketplace ARTeex.
- The License agreement is cancelled on the Administrator initiative at any moment if the Administrator has no obligations to the Site Visitor within paid fee for the License agreement by the Site Visitor.
- The License agreement can be cancelled on the Administrator initiative at any moment without complying with the requirements of point 7, if the Administrator considered the information provided by the Site Visitor to be not correct, or if actions of the Site Visitor were considered by the Administrator as breaking the terms of the License agreement, or there were signs of breaking the law of the Russian Federation.
- No author’s rights for any materials of the Site (information) are transferred according to the current License agreement.
- While using the Site the User guarantees respect to the Administrator’s exclusive right to the Site and its information, which are objects of copyright of the administrator, of the third sides who provided the Administrator with the right to use their materials, as well as respect the copyright of authors, whose works are placed on the Site.
- The Sides are to do their best to solve arguments or disagreements by means of negotiations, in case of fail – in the court in the place where the Administrator is.
- While solving the arguments , the Sides agree to take information contained on the Site as evidence (including office files ), in correspondence between Sides (representatives of Sides ), written by e-mails , sms-messages , messages on social sites , in application programs for mobile phones .