If you are thinking of joining newbarbizonARTgallery, or if you are already our member, you have every right to know as precisely as possible the rules that preside over the essential aspects of its functioning, assuming they meet your fair expectations.

We sincerely believe our Terms and Conditions below just do that.

Terms and Conditions

 Site definition

  • newbarbizonARTgallery´s Site is, essentially, a multi-service web platform and a facilitator of a variety of activities and services that are performed and provided for the benefit of all interested parties, particularly our registered members and Site visitors, including the provision of conditions suitable for exhibit, promote and sell newbarbizonARTists´ artworks.

 Preliminary Terms and Conditions

  • This document contains the Terms and Conditions that govern the use of newbarbizonARTgallery website, and constitutes the agreement between newbarbizonARTgallery and Site users.
  • If you intend to use this Site and services, please read this document carefully before accessing or using the Site. By using the Site, you agree to abide by the Terms and Conditions set forth below.
  • If you have any questions with regards to the Site, or if you need help to clarify any doubts, please do not hesitate to contact newbarbizonARTgallery´s Site Administrators.
  • If you do not wish to be bound by these Terms and Conditions, you may not access or use the Site.
  • The newbarbizonARTgallery website and related information are for your personal and non-commercial use, and are offered to you conditioned on your acceptance without modification of the Terms and Conditions contained herein.
  • Therefore, you agree not to alter, modify, copy, republish, upload, post, transmit, display, license, distribute in any manner, or sell any information, products or services obtained from this website, unless expressly permitted by us or by the respective authors.
  • You agree that you shall not interfere with, or disrupt the way our website functions and provides service to users, and also agree that you will always obey website policies, procedures and rules.

 Prohibited content and use

  • You warrant to newbarbizonARTgallery that you will not use this website for any purpose that is unlawful, or deemed inappropriate, and strictly prohibited by these Terms and Conditions.
  • You agree that when using this website, you will not:
    • Post, upload, distribute, submit, link to, any content that is profane, defamatory, racist, indecent or obscene, and promotes or depicts explicit nudity.
    • Upload copyrighted materials that are protected by intellectual property laws, or by personal rights that you do not own or control.
    • Upload files that are not free of any viruses or other kind of infection, which may cause loss of information available on the website, or represent a risk of damage for other website user´s property. Therefore, you agree to be responsible for implementing appropriate procedures, in order to ensure accuracy and protection of data and allow also for retrieve of any data at the risk of being lost.
  • You agree that, considering its extensive and complex nature, the Internet may contain some materials that are sexually explicit or even offensive to you or your family. Your access to such materials is at your risk. newbarbizonARTgallery has no control over and accepts no responsibility whatsoever for such materials.
  • You understand our website, products and services are all intended for adult use. Visitors and registered members are required to be of at least the legal age in their countries of residence.

 Monitoring content

  • You acknowledge that you are solely responsible for all content and material you use in newbarbizonARTgallery website.
  • newbarbizonARTgallery has no obligation and has no ability to monitor or exercise strict control of all contents that are uploaded, posted or otherwise transmitted through the website. newbarbizonARTgallery makes every reasonable effort to screen website available content that may be judged inappropriate. However, it is possible that some objectionable material is not detected by our control. 

Copyright Policy

  • All images and other materials of artwork and text submitted newbarbizonARTgallery´s website must meet our Copyright Policy.
  • You need to be the copyright owner of the works you post or upload to newbarbizonARTgallery ´s website. You can, however, post or upload other persons´ works, providing you are given a previous permission from the respective copyright owners.
  • The entire content of this website, including newbarbizonARTgallery and third-parties´ data, products and services, are newbarbizonART or third parties´ property, and cannot be used by any person for any purpose whatsoever.
  • newbarbizonARTgallery does not assume or claim ownership rights in your works, images of artwork, other materials, text and information submitted or posted by you, or by a visitor, to newbarbizonARTgallery ´s website.
  • You agree to grant to newbarbizonARTgallery a non-exclusive, royalty-free license to reproduce and distribute any data, images and other materials you public post or upload on the website, for the sole purpose of being used in the promotion and advertising of our website, including its products and services. You may print and download parts of content from various areas of the website solely for your own private use, under the condition that you preserve copyright or proprietary notices on the materials. We reserve the right to refuse to post, or to remove any information, image or other content, in whole or in part, submitted by users that infringe the property rights of others, in newbarbizonARTgallery ´s sole discretion. Please note that when you upload content, same content may be copied, distributed and displayed by a third party at the risk of violating our Privacy Policy, unless such third party receives permission from you. If, in your opinion, the copyrighted work that you posted or uploaded in this website has been illegally copied or otherwise abusively used, please let newbarbizonARTgallery know of the evidence you have that your copyright is being infringed, on which grounds you base your assumption, and by whom, so that the alleged infringer may be confronted with your accusation.  

Artists´ rights and responsibilities 

  • As a registered member of newbarbizonARTgallery, you have the right of submitting certain types of artist material, for display on your own personal gallery in our website. However, you must accept and follow the terms and conditions of our Art Material Uploading Policy.
  • Participating artists and Site visitors may not upload or post any unacceptable content to newbarbizonARTgallery, namely obscene and illegal material.
  • All information and images uploaded by artists must be art-related. We reserve the right to suspend, or terminate your participation in our website in case of unrelated material uploading.
  • All artwork and images of art work uploaded and displayed on newbarbizonARTgallery ´s website must be an original art work created by the registered member.
  • Ownership and copyright of all uploaded art work and text (including any resized and thumbnail images) are fully retained by the authors of the original art work.
  • Reproduction, distribution or transmission of art work, any other materials and information data by a third-party, without prior author´s authorization, is prohibited.
  • The artists have the ability, at their discretion and at any time, to remove any art work, content and text that they have uploaded or submitted to the newbarbizonARTgallery website. To completely remove their art work and close their personal art gallery in our website, the artists should contact newbarbizonARTgallery.
  • The artists cannot create more than one account with a purpose of exceeding the maximum number of images per artist that is allowed for display in our website.

 newbarbizonARTgallery´s rights and responsibilities 

  • We reserve the right to re-format or resize uploaded images down to various smaller image sizes (thumbnail images) but do not make any other changes to uploaded images or text. All rights granted to newbarbizonARTgallery for the use and display of an art work image also apply to the resized thumbnail images.
  • By uploading art work images and other content to any public areas of the Site, the artists agree to grant newbarbizonARTgallery permission, as well as a non-exclusive, royalty-free, worldwide license, to transmit and publicly display their art work and other content on the Site, and to use their artist´ name for the purposes of display their artwork and promote, advertise and market our Site. 

Communication means and rules 

  • You agree to send and receive only messages and material that are appropriate for use and display through our website, and are in compliance with these Terms and Conditions.
  •  You acknowledge that, by posting messages, uploading, imputing data, or using other forms of communication through our website, you grant newbarbizonARTgallery permission to use, modify, copy, distribute and public display such messages, files and data.
  • You acknowledge that all those communications are public. As they may be read by others without your knowledge, we recommend that you always use caution when giving out any personally identifying information about yourself.
  • You understand newbarbizonARTgallery does not control or endorse the content, messages or information submitted to our Site. newbarbizonARTgallerydoes not assume any responsibility for the content posted by visitors or registered members on the Site, which don´t necessarily reflect newbarbizonARTgallery ´s thought, feelings and ideas on same subjects.
  • newbarbizonARTgallery reserves the right to remove any art work, content or information submitted to the website that is deemed inappropriate or unsuitable for display, for any reason.
  • The information, software, products, and services included on this website may include any inaccuracies or other errors, which we always try to set right as timely as possible. However, it is your sole responsibility to evaluate the accuracy and usefulness of all information, advice and services available and offered through this website.  

Legal liability disclaimer

  •  You acknowledge that, except for information, products or services clearly identified as being supplied by newbarbizonARTgallery, we make no express or implied warranties, representations and endorsements of any kind, to the fullest extent permitted by law, with regard to any content placed for any purpose on the Site by third parties, as well as to the service provided through the Site.
  • Please be aware that all information, art work images and artist information provided, uploaded or offered through the Site are provided, uploaded or offered by third parties that are not employed by or a subordinate in any way of newbarbizonARTgallery.
  •  You expressly agree that your use of our website is at your sole responsibility and risk, and newbarbizonARTgallery shall not be liable for any costs, damages and losses arising from inappropriate or illegal conduct by you, or by a third party.
  • You acknowledge that newbarbizonARTgallery, and/or our managers, workers, or suppliers will not be liable for any cost, damages and losses whatsoever, including loss of data, text, images, photography and other material, arising out of, or in any way connected with the use, the inability to use, or incidental ill performance of the website, including failure or any delay to provide information, products, services or transactions through this website, or as a result of violation of these Terms and Conditions by you, or by a third-party.
  • You also agree that you should not rely on newbarbizonARTgallery for the safety of your files, material and information, and acknowledge that you are solely responsible for creating back-ups and keep your own copies for safeguarding of such files, materials and information.
  • Given that some national jurisdictions do not allow the exclusion or limitation on certain warranties, or the limitation of liability for damages occurred, the above limitations may not apply to you. In this case, newbarbizonARTgallery´s liability is limited to the extent permitted by law. newbarbizonARTgallery

 Links to external sites

  • newbarbizonARTgallery´ s website allows for and contains links to other third party´ s websites and services. Such links are provided for your convenience and to make our Site more interesting and useful for you and for all of our Site users.
  • newbarbizonARTgallery´s inclusion of links to third-party websites does not mean that newbarbizonARTgallery endorses or accepts any responsibility for information and other material on such websites.
  • Our Privacy Policy does not apply to the content, privacy, security and activity of the linked Sites, which are independent from us and, therefore, we do not control.
  • We recommend that you use caution, and find out as much as possible about the Sites you want to be linked to and from, by visiting them to learn about their site usage, information, practices and privacy policy.
  • Please be aware that by continuing downloading third-party software, you acknowledge and agree that you are bound by the terms and conditions imposed by the linked third-party website.
  •  We have no responsibility or liability for the content uploaded by artists and other users on external Sites, or for the content of external Sites linked to our Site by artists and other users.
  • In no event shall newbarbizonARTgallery and/or managers and workers be liable for any claims and damages related to information, practices, privacy, security and activity of a linked third party website.
  • We welcome any information you can provide us about linked Sites that may help us to enforce our Site´s protection.       

 Amendment of the Terms and Conditions

  • newbarbizonARTgallery reserves the right to amend or modify these Terms and Conditions at any time, in its sole discretion and without prior notice.
  • Such modifications will be reflected in an amendment to these Terms and Conditions and, unless otherwise indicated, shall be effective immediately upon posting the revised terms on the website.
  • You agree to review the agreement periodically to be aware of such modifications.
  • Your continued access or use of the Site, after the effective date of the revised terms, shall be deemed as your acceptance of the revised terms and agreement.
  • If you are not satisfied with any part of this website, or with any these terms of use, or do not agree to the revised terms, you must discontinue using newbarbizonARTgallery´ s website.

 Restrict Site access and suspension or termination of membership

  • In appropriate circumstances, newbarbizonARTgallery reserves the right to prevent your access to any or all areas of this website any time, in its sole discretion, and without notice, for any reason whatsoever.
  • You also agree that newbarbizonARTgallery may at any time, and without notice, suspend or terminate your membership, and delete any content stored on the newbarbizonARTgallery´s Site, if you fail to comply with our Terms and Conditions, or law.
  • newbarbizonARTgallery reserves the right to suspend or discontinue the Site, and delete any information data, text, images, photography and other material posted or uploaded by users, at any time and for whatever reason, and without any liability for compensation from newbarbizonARTgallery and/or our managers and workers for any kind of loss, including loss of material or information.
  • We reserve the right to terminate or suspend accounts that are inactive for an extended period of time, in newbarbizonARTgallery'sole discretion.     
  • This agreement may be terminated by either party without notice at any time, for any reason.

Jurisdiction

newbarbizonARTgallery´s policies, procedures and rules set forth by the above Terms and Conditions  were conceived and construed in accordance with the principle of good faith and in compliance with the applicable Portuguese law.                                                       The user irrevocably accept the jurisdiction of the Portuguese courts exclusively to settle any questions arising from or related to our Privacy Policy, our present Terms and Conditions, and/or the use itself of the Site of newbarbizonARTgallery.

 

 Edited by newbarbizonARTgallery, 1st February, 2016, 11.00 a.m.