Last Updated Date: June 1, 2020
Marcel for Art Ltd provides a service for viewing digital images of works of art (“Digital Images”) and purchasing printed fine art reproductions of the Digital Images (“Printed Works” and together with the Digital Images, the “Works”) through the Vide Atelier website, currently accessible at www.videatelier.org (the “Site”) and/or a Vide Atelier mobile application (the “App”) (the Site and the App, together with any services, software, tools, features, content or functionality made available by Vide Atelier, collectively, the “Services”). Please read carefully the following terms and conditions (“Terms”) and our Privacy Notice (the “Privacy Notice”). For purposes of these Terms, Marcel for Art Ltd will be referred to as “Vide Atelier”, “we” or “our”. These Terms, the Privacy Notice, and any other policies linked to herein, govern your access to and use of the Services, and constitute a binding legal agreement between you and Vide Atelier. By using any of the Services (even just browsing), you’re agreeing to the Terms. If you don’t agree to the Terms, then you may not use the Services.
Certain areas of the Services and your access to certain Services may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Services or for access to specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Services.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to the Terms including the following:
- Comply with Law. You agree that you will not violate any laws, rules or regulations in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you.
- Make Payments. You are responsible for paying all fees that you owe to Vide Atelier.
- Don’t Copy the Works. You understand and agree that the Works are available for your personal viewing purposes only. You will not download, screenshot, copy, reproduce, display, transmit or communicate any Work. You will not remove, alter or obscure any copyright, trademark, service mark, credit or other proprietary rights notices incorporated in or accompanying a Work.
- Don’t Take Content. You agree not to copy, frame, display, crawl, scrape, or spider any page of the Services (including the Digital Images) or to reverse engineer or attempt to obtain the source code of the Services or to spam, phish, collect or track personal information of others.
- Don’t Try to Harm Our Systems. You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code or avoiding or circumventing any technological measures we implement.
- Only Post Content You Have the Rights To. You agree not to post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, intellectual property rights or other third party rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) harms minors in any way; or (viii) promotes illegal or harmful activities, products or substances. If you make available any content on or through the Services, (i) you grant Vide Atelier a worldwide, nonexclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such content in any form, medium or technology now known or later developed, for any purpose, and (ii) you grant directly to other users the right and license to view your content on or through the Services only in connection with such user’s authorized use of the Services;
- Use the Services for Your Personal Use. You agree to use the Services for your personal, non commercial use and you agree not to impersonate or misrepresent your affiliation with any person or entity;
- Provide True Information. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
- Don’t Encourage Others to Violate Terms. You agree not to encourage or enable any other individual to violate the Terms.
Vide Atelier has the right to investigate and prosecute violations of these Terms to fullest extent of the law. You acknowledge that Vide Atelier has no obligation to, but reserves the right to, monitor your access to or use of the Services and to remove or disable access to any content or material.
- Shopify. Our shop is hosted by Shopify, an online e-commerce platform that allows us to sell our products and services to you. We use Shopify’s payment services to process payment. For more information, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
- Prices. You may purchase Printed Works or other products and services we may make available from time to time through the Service. Prices will be as specified on the applicable listing and are in British Pounds, unless otherwise specified. You acknowledge that prices do not include shipping and handling charges or applicable taxes, including VAT, if any, for which you are responsible.
- Payment. When you make a purchase through the Services, Vide Atelier through Shopify or other service providers will collect your billing information and process payment. You represent and warrant that you have the legal right to use any credit card(s) or other payment means used by you or through your account for any such purchase. You grant us the right to provide such information to third parties in order to facilitate the completion of transactions initiated by you or on your behalf through the Services. Verification of information may be required prior to acceptance of any order through the Services.
- Shipping. Your purchase will be shipped to the address you provide.
- Order Cancellations: Vide Atelier reserves the right to refuse or cancel any order placed via the Services including if we determine, in our reasonable discretion, that the item is mispriced or unavailable via the Services. Users may not cancel an order once it is placed.
- Final Sale: All sales made through the Services are final and no refunds or exchanges will be issued. Please contact us if you believe you receive a damaged item or if you are otherwise dissatisfied.
- Display: You understand and agree that Vide Atelier uses commercially reasonable efforts to display Digital Images accurately via the Services, including color. However, because individual computer monitors may display differently, Vide Atelier is not responsible for the accuracy of any Digital Images displayed on the Services or Printed Works and disclaims all liability in this regard.
- Certificate of Authority: Vide Atelier has partnered with Verisart, Inc. (verisart.com) to facilitate the certification and registration of each purchase of a Printed Work made through the Service. By purchasing a Printed Work, you agree that your name, email address, the Printed Work you purchased and related details such as the date of purchase and price you paid, may be shared with Verisart. Verisart will email to you a certificate of purchase, and will invite you to register with Verisart. If you choose to register with Verisart, your registration and relationship with Verisart will be governed by Verisart’s terms and conditions.
- Restrictions on Resale. For each Printed Work you purchase, you agree not to transfer or sell such Printed Work for a period of one year from purchase.
- Notifications: If you place an order through the Service, you understand and agree that we and our service providers may send you email and other communications regarding your order, such as an email confirmation, shipping notifications and certificate.
- Works. The Works made available to Vide Atelier via license. You understand and agree that the Works are available for your personal viewing purposes only. You will not download, screenshot, copy, reproduce, display, transmit or communicate any Work. You will not remove, alter or obscure any copyright, trademark, service mark, credit or other proprietary rights notices incorporated in or accompanying the Works. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Vide Atelier or its licensors, except for the licenses and rights expressly granted in these Terms.
- Vide Atelier Content. In addition to the Works, Vide Atelier may make other content and material available through the Services (collectively with the Works, “Vide Atelier Content”). The Services, the Site and Vide Atelier Content are protected by copyright, trademark and other laws. Except as expressly provided in these Terms, Vide Atelier and its licensors exclusively own all right, title and interest in and to all aspects of the Services, Site and Vide Atelier Content, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, Site or Vide Atelier Content.
- Feedback. If you share any ideas or feedback with us, these are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations used herein are trademarks or registered trademarks of Vide Atelier or its licensors. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
- Eligibility. The availability of all or part of our Services may be limited based on geographic, age, or other criteria as we may establish from time to time. You must be 18 years of age or older to use the Services. Except where otherwise specified the materials on the Service are displayed solely for the purposes of promoting products and services available in the UK. However Vide Atelier may accept orders for delivery to locations outside of the UK subject to customs, legal, regulatory and certain practical restrictions. Those who choose to access the Service from locations outside the UK or place orders for delivery to locations outside the UK are responsible for compliance with local laws if and to the extent local laws are applicable.
- Modification of Services. We reserve the right to modify, suspend, discontinue any aspect of the Services and/or restrict or block access to, the Services at any time, for any reason and without notice to you. This includes, but is not limited to doing any of the following: (i) modify or remove any Digital Image or Printed Works or other content or feature from the Services, (ii) change descriptions or references; (iii) limit the available quantity of any artworks, products, or services. We are not responsible if information made available on this site is not accurate, complete or current. We will not be liable to you for the effect that any changes to the Services may have on you.
- Modification of Terms. Vide Atelier reserves the right, at its sole discretion, to modify the Terms, at any time and without prior notice. We will update the “Last Updated Date”. By continuing to access or use the Services after we have posted a modification on the Services or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services. We encourage you to check back regularly to review these Terms.
- Termination. Vide Atelier reserves the right to suspend, deactivate, disable, terminate or revoke your access to and use of all or part of the Services at any time, with or without cause, at its sole discretion and without prior notice to you. In the event Vide Atelier terminates these Terms for your breach, you will remain liable for any amounts due hereunder. The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (V) THAT YOU WILL NOT FIND CONTENT OFFENSIVE OR INAPPROPRIATE.TO THE FULLEST EXTENT PERMITTED BY LAW YOUR USE OF THE SERVICES AND PRODUCT OR SERVICES OBTAINED IN CONNECTION WITH THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER VIDE ATELIER, NOR OUR EMPLOYEES, DIRECTORS, OFFICERS, SERVICE PROVIDERS, PARTNERS, ADVISORS, CONSULTANTS OR INVESTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL VIDE ATELIER’S AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF $100 GBP OR THE TOTAL PAYMENTS THAT YOU MADE TO VIDE ATELIER FOR THE PRINTED WORKS THAT ARE THE SUBJECT OF A CLAIM. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN VIDE ATELIER AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold Vide Atelier, its officers, directors, employees and agents, advisors, consultants, service providers, artist contributors and licensors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of any or all of the Services, Works, Vide Atelier Content, or your violation of these Terms or the law. We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
If you’re upset with us, please let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services. Any claim or dispute you have against Vide Atelier or that arises out of these Terms or your use of the Services shall be governed by the laws of England and Wales, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Vide Atelier must be resolved by a court located in the United Kingdom, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within the UK for the purpose of litigating all such claims or disputes.
Vide Atelier has adopted the following policy toward copyright infringement on Vide Atelier in accordance with the Digital Millennium Copyright Act and equivalent or similar laws in other jurisdictions. Without limiting the foregoing, if you believe that your work has been copied in violation of applicable copyright law and used on Vide Atelier in a way that constitutes copyright infringement, please provide us with the following information; without this information we will be unable to take action on your request:
- Your contact information. Please include your address, telephone number, and email address.
- Identification of the copyrighted work that you claim has been infringed. Please include reasonably sufficient details describing the copyrighted work that is claimed to be infringing
- A detailed description of where the material that you claim is infringing is located on Vide Atelier.
- You must agree to and include the following statement: "I have a good faith belief that the use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law."
- You must provide the following statement: "The information in this notification is accurate, and under penalty of perjury, I am the owner, or an agent authorised to act on behalf of its owner, of an exclusive right that is allegedly infringed."
- Your signature. An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest.
- We will review all claims of copyright infringement received and remove the content deemed to have been posted or distributed in violation of any such laws. If you feel that content has been taken down inappropriately please contact us and we will provide information on the requirements and procedure for filing a counter-notification with us.
Contact information for for notice of claims of copyright infringement is firstname.lastname@example.org
- Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Vide Atelier and you regarding the Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Vide Atelier and you regarding the Site and Services.
- Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Vide Atelier’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Vide Atelier may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
- Notices. Any notices or other communications permitted to required hereunder, including those regarding modifications to these Terms, will be in writing and given: (i) by Vide Atelier via email (in each case to the address that you provide) or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
- Waiver. The failure of Vide Atelier to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Vide Atelier.
- General. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. As used herein, the words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation.
If you have any questions about these Terms, please contact Vide Atelier at email@example.com.