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Updated 14/03/2018.

Some links within this website may lead to other websites, including those operated and maintained by third parties. APA Arts Pool Association includes these links solely as a convenience to you, and the presence of such a link does not imply a responsibility for the linked site or an endorsement of the linked site, its operator, or its contents (exceptions may apply).

 

Reproduction, distribution, republication, and/or retransmission of material contained within this website are prohibited unless the prior written permission of APA Arts Pool Association has been obtained.

 

APA Arts Pool Association provides this website as a service. While the information contained within the site is periodically updated, no guarantee is given that the information provided in this website is correct, complete, and/or up-to- date.

 

Children´s Online Privacy Protection Act:

 

 

This website is directed to adults; it is not directed to children under the age of 13. We operate our site in compliance with the Children´s Online Privacy Protection Act,
and will not knowingly collect or use personal information from anyone under 13 years of age.

 

APA Arts Pool Association respects the intellectual property of others.

 

APA takes matters of Intellectual Property very seriously and is committed to meeting the needs
of content owners while helping them manage publication of their content online.


It should be noted that APA is a representative of a wide variety of third party websites and Artist.

If you believe your work as been copied please contact the site administrator via email:

Suefeve32@googlemail.com.

APA Arts Pool Association Terms of Service

 

 

Last Updated Date:16/10/16


Please read carefully the following terms and conditions ("Terms"). These Terms govern your access to and use of the Site and Services, and constitute a binding legal agreement between you and APA Arts Pool Association.


Certain areas of the Site 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 Site or for specific Services, the latter terms and conditions shall take precedence with respect to your use of or access to that area of the Site or Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY SELLING OR PURCHASING A WORK ON OR THROUGH THE SITE OR SERVICES OR BY POSTING ANY CONTENT ON THE SITE,
YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE.


IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE OR SERVICES.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

APA Arts Pool Association reserves the right, at its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time and without prior notice.

 

Modifications:


If we modify these Terms, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date".


By continuing to access or use the Site or Services after we have posted a modification on the Site 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 Site and Services.

Eligibility:

The Site and Services are intended solely for persons who are 14 or older. Any access to or use of the Site or Services by anyone under 14 is expressly prohibited.


By accessing or using the Site or Services you represent and warrant that you are 14 or older.

Account Registration:

In order to list a work on the Site, you must contact admin at suefeve32@googlemail.com with your contact information to complete our registration process.


During the registration process you will be required to provide certain information. Upon completion of our registration process you will become a "Member." You agree to provide accurate, current and complete information


During the registration process or in the future inform admin when you require to update such information to keep it accurate, current and complete.

APA Arts Pool Association have the right to suspend or terminate your registration if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.


Seller Terms and Conditions:

Listing Works on the Site:

 

As a Member, you may submit listings for original works of art ("Original Works of Art") that you have created and that you desire to display through the Site and Services.


You may not submit listings for Original Works of Art that were created by another artist.

 

As a Member you may also submit listings for digital images of works of art ("Digital Works') that you have created and that you desire to commercially exploit through the Site and Services.

 

You may not submit listings for Digital Works that were created by another artist. In order for your listings to be accepted, you must provide APA Arts Pool Association with all the information requested on the applicable page of our Site and you must comply with any other APA Arts Pool Association requirements as identified on this site.


APA Arts Pool Association reserves the right to edit any listings.

 

The placement of your listings in search and browse results may be based on factors that include without limitation title, keywords.

You acknowledge that APA Arts Pool Association reserves the right to promote and market Original Works of Art and/or Digital Works through the use of show case..


You always retain the right to remove a listing for an Original Work of Art or Digital Work from the Site - to do this contact the site admin via the contacts page.


Responsibility for Works:

You acknowledge and agree that you are solely responsible for all Original Works of Art and Digital Works that you make available through the Site and Services. Accordingly, you represent and warrant that:


(i) As to Original Works of Art that you make available through the Site and Services, you are the creator of all such Original Works of Arts and you are the sole and exclusive owner of all such Original Works of Art; and


(ii) As to Digital Works that you make available through the Site and Services, you are either the sole and exclusive owner of all such Digital Works or you have all rights, licenses, consents and releases that are necessary to grant to APA Arts Pool Association the rights in such Digital Works as contemplated under these Terms;


(iii)Neither the Original Works of Art nor Digital Works that you make available through the Site and Services nor APA Arts Pool Association use and exploitation thereof as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

For Original Works of Art only, The purchaser may contact you via the website, unless otherwise instructed in writing by APA Arts Pool Association, you will be responsible for shipping the purchased Original Work of Art directly to the purchaser.

 

 

In addition, you acknowledge and agree that the license rights granted by you to APA Arts Pool Association with respect to using such Digital Work to promote APA Arts Pool Association, the Site and the Services will remain in full force and effect for only as long as necessary for APA Arts Pool Association to fulfil any current obligations that require using the Digital Work for such promotional purposes.


Purchaser Terms and Conditions:

Purchases of Original Works of Art:

As a Member, you may purchase Original Works of Art that are listed by other Members on the Site directly from the artist via the contact links.


When you purchase such an Original Work of Art through the Site and Services, you are purchasing the work from the Member identified on the register for such work.


Prices for Original Works of Art will be required from the artist directly to you.

The Member identified on the register and responsible of the Original Work of Art will ship the purchased work directly to you.

 


The terms and conditions of APA Arts Pool Association Return Policy is non-applicable and any dispute should be taken up with the registered member responsible for the Original Work of Art 

Member Content:

In addition to submitting listings for Original Works of Art and Digital or printed Works, APA Arts Pool Association may, in its sole discretion, designate areas of the Site in which Members can post,
upload, publish or submit text, graphics, audio, video, images of works of art or other content on or to the Site (individually or collectively, "Member Content"). "Member Content" excludes any images of Original Works of Art or Digital Works for which a Member submits a listing, as described under "Seller Terms and Conditions" above.

 

APA Arts Pool Association does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that a Member may have to use and exploit any such Member Content.

 


By making available any Member Content on or through the Site and Services:

(I) you grant APA Arts Pool Association a worldwide, non-exclusive, transferable, royalty-free, commission-free license to crop, resize, publicly display, publicly perform, distribute, broadcast and transmit such Member Content on or through the Site and Services in any form, medium or technology now known or later developed, for the purpose of promoting APA Arts Pool Association, the Site and Services, and

 


(ii) you grant directly to other Members the right and license to view your Member Content on or through the Site and Services only in connection with such viewers and Member's authorized or unauthorised use of the Site and Services.


You reserve all other rights and licenses in and to any Member Content that you make available on or through the Site and Services.

You acknowledge and agree that you are solely responsible for any Member Content that you make available on or through the Site with your consent. You represent and warrant that:


(i) You are the sole and exclusive owner of all Member Content that you make available on the Site or that you have all rights, licenses, consents and releases that are necessary to make available such Member Content and to grant all rights and licenses in such Member Content as granted under these Terms; and


(ii) Neither the Member Content nor your making available any Member Content on the Site nor any use of any Member Content as permitted under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

APA Arts Pool Association Content:

APA Arts Pool Association may also make available through the Site and Services text, graphics, audio, video and images of works of art (collectively, "APA Arts Pool Association content"), some of which is owned by APA Arts Pool Association ("Sue Feve-owned Content"),
and some of which is made available under license by a third party ("Sue Feve-licensed Content").

 

APA Arts Pool Association authorizes you to download and share Sue Feve-owned Content" solely for your
personal/promotional none sale use in visiting the Site and, if you are a Member, in connection with exercising the rights granted to Members under these Terms. For APA Arts Pool Association Licensed Content, the scope of your rights thereto will be solely as set forth in the applicable license agreement that governs the use of such content, as identified on the page of the Site where such content appears.

 


Nothing in these Terms is intended to modify, restrict or limit the scope of your rights as to such APA Arts Pool Association Licensed Content. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by APA Arts Pool Association or its licensors, except for the licenses and rights expressly granted in these Terms.

General Prohibitions

You agree not to do any of the following:


•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;


(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 or substances.

•Use, display, mirror or frame the Site, or any individual element within the Site, APA Arts Pool Association name, any APA Arts Pool Association trademark, logo or other proprietary information, or the layout and design of any page
or form contained on a page, without APA Arts Pool Association express written consent;


•Access, tamper with, or use non-public areas of the Site, APA Arts Pool Association computer systems, or the technical delivery systems of APA Arts Pool Association providers;


•Attempt to probe, scan or test the vulnerability of any APA Arts Pool Association system or network or breach any security or authentication measures;


•Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by APA Arts Pool Association or any of APA Arts Pool Association providers or any other third party (including another user) to protect the Site, Services, APA Arts Pool Association Content or Member Content;

•Attempt to access or search the Site, Services, APA Arts Pool Association Content or Member Content or download APA Arts Pool Association Content or Member Content from the Site or Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by APA Arts Pool Association or other generally available third party web browsers;


•Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;


•Use any meta tags or other hidden text or metadata utilizing a APA Arts Pool Association trademark, logo URL or product name without APA Arts Pool Association express written consent;


•Use the Site, Services, APA Arts Pool Association Content or Member Content for any commercial purpose or the benefit of any third party in any manner not otherwise permitted by these Terms;


•Collect or store any personally identifiable information from the Site or Services from other users of the Site or Services without their express permission;


•Impersonate or misrepresent your affiliation with any person or entity;


•Violate any applicable law or regulation; or


•Encourage or enable any other individual to do any of the foregoing.

APA Arts Pool Association will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law.


APA Arts Pool Association may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.


You acknowledge that APA Arts Pool Association has no obligation to monitor your access to or use of the Site or Services or to remove any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.

APA Arts Pool Association reserves the right, at any time and without prior notice, to remove or disable access to any Member Content, listings for Original Works of Art or Digital Works, Saatchi Art Content or any other text, graphics, images, software, music, audio, video, information or other content or material that APA Arts Pool Association, at its sole discretion, considers to be objectionable, in violation of these Terms or otherwise harmful to the Site or Services.

Copyright Policy

APA Arts Pool Association respects copyright law and expects its users to do the same.

It is APA Arts Pool Association policy to terminate in appropriate circumstances the membership of Members who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.

 

Please see disclaimers for more information.


Indemnity

You agree to defend, indemnify, directors, employees and agents, 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 the Site, Services, APA Arts Pool Association Content or Member Content, or your violation of these Terms.

Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Site, Services, APA Arts Pool Association Content and Member Content remains with you. Neither APA Arts Pool Association nor any other party involved in creating, producing, or delivering the Site, Services, APA Arts Pool Association Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms Or from the use of or inability to use the Site, Services, APA Arts Pool Association Content or Member Content, or from any communications, interactions or meetings with other Members or users of the Site or Services or other persons with whom you communicate or interact as a result of your use of the Site or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not APA Arts Pool Association has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

In no event will APA Arts Pool Association aggregate liability arising out of or in connection with these Terms or from the use of or inability to use the Site, Services, APA Arts Pool Association

Proprietary Rights Notices:

All trademarks, service marks, logos, trade names and any other proprietary designations of APA Arts Pool Association used herein are trademarks or registered trademarks of APA Arts Pool Association. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.


Entire Agreement:

These Terms constitute the entire and exclusive understanding and agreement between APA Arts Pool Association and you regarding the Site and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between APA Arts Pool Association and you regarding the Site and Services.

Assignment:

You may not assign or transfer these Terms, by operation of law or otherwise, without APA Arts Pool Association prior written consent. Any attempt by you to assign or transfer these Terms, without such consent will be null and of no effect. APA Arts Pool Association 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 APA Arts Pool Association via email (in each case to the address that you provide) or

(ii) By posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Terms and Conditions/Policies.

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